Bath Authority V. Aston Global - Complaint

Case 3:19-cv-00762-G Document 1 Filed 03/27/19

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS

Case No.

BATH AUTHORITY, LLC d/b/a DREAMLINE, Plaintiff, v.

JURY TRIAL DEMANDED

ASTON GLOBAL, INC., Defendant.

COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, UNFAIR COMPETITION, AND INJUNCTIVE RELIEF Plaintiff, Bath Authority, LLC d/b/a DreamLine (“Plaintiff” or “DreamLine”), by and through its attorneys, Fox Rothschild LLP, hereby brings this Complaint against Defendant, Aston Global, Inc. (“Defendant” or “Aston”), and alleges as follows: NATURE OF ACTION 1.

This is an action for federal design patent infringement, trademark infringement, and unfair

competition, arising from Defendant’s efforts to pass off its brand new bath and shower product lines as being identical, related to, affiliated with, sponsored by, or otherwise likely to cause confusion with DreamLine’s innovative and original lines of shower bases, acrylics, shower doors, shower panels, and other shower-related products. 2.

As set forth more fully below, Aston blatantly and willfully copied DreamLine patented

designs, including its patented Unidoor Toulon design and its patented French Linea Rhone design, and has intentionally and willfully copied DreamLine’s trademark “FRENCH” brand and naming convention for bath and shower doors and enclosures to make Aston products appear as if they were identical, indistinguishable from, or related to those sold by DreamLine to dealers, distributors, and consumers. Plaintiff’s Original Complaint

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The DreamLine patented designs and its related French line of products copied by Aston

were a sensation in the industry when released by DreamLine and have become DreamLine’s most popular design and best-selling products. 4.

DreamLine has expended substantial resources to build a strong brand around its “French”

line of bath and shower doors and enclosures to the point that the brand is now strongly associated with DreamLine products within the industry. Aston is marketing and selling its shower door products to create customer confusion between DreamLine’s French and Aston’s French brands and to trade on DreamLine’s established reputation and goodwill for the “FRENCH” line of products. 5.

Trading on DreamLine’s reputation and goodwill, Aston copied DreamLine’s innovative

and industry-leading patented designs for shower doors and enclosures and launched directly competing products with at least Home Depot, which also carries DreamLine’s extensive product line, including DreamLine’s patented products. 6.

Further trading on DreamLine’s reputation and goodwill, Aston has selected names for its

competing bathtub and shower doors and enclosures that infringe upon and closely resemble DreamLine’s trademark “French” line of bathtub and shower doors and enclosures, using the same naming convention as DreamLine to evoke similar commercial impressions. 7.

Through this action, DreamLine seeks injunctive relief and damages against infringement

of DreamLine patents and trademarks and unfair competition by Aston, as the entire course of Aston’s conduct demonstrates its intent to reap the benefit of DreamLine’s long-established reputation and goodwill through years of innovation in design and supply of quality products. 8.

Aston copied not only DreamLine’s designs and trademark naming conventions, but also

intentionally copied DreamLine’s business model by marketing Aston’s infringing products at major retailers like Home Depot, including negotiating an “exclusive” feature at Home Depot. Such action

Plaintiff’s Original Complaint

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allowed Aston to enter and directly compete in DreamLine’s existing product distribution network and has resulted in suppressing or displacing the popularity of DreamLine’s products. 9.

DreamLine has developed over years a brand identity by marking its bathtub and shower

doors and enclosures with names associated with French names, such as Toulon and Rhone and/or directly including the word “French” in the name of products, including, but not limited to, the registered trademarks FRENCH CORNER, TOULON, and AVIGNON to evoke the industry-leading style of DreamLine Products. Aston has adopted French names and the use of the word “French” for its bathtub and shower doors and enclosures with the intent of creating the false impression that Aston’s products are part of the same product line and affiliated with the same industry-leading designs of DreamLine. Such activity is likely to cause confusion, mistake, or deception. Bathtub and shower doors and enclosures sold under DreamLine’s established FRENCH brand are likely to be associated with a single source and are seen in identical channels of trade. 10.

Aston has blatantly and willfully sought to usurp the goodwill in DreamLine’s products

and reputation, and in doing so, is causing confusion, false association, and misunderstanding among consumers between DreamLine products and Aston products. Aston’s use of French names on its products represents that Aston’s products are of a particular standard, quality, and grade as established by DreamLine for its products. 11.

DreamLine has been irreparably injured by Defendant’s design patent infringement,

trademark infringement, and unfair competition in a manner that cannot be accurately measured and for which monetary damages are inadequate; accordingly, an injunction is necessary to prevent continuing harm.

Plaintiff’s Original Complaint

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Aston should be enjoined from continuing its wrongful behavior and prohibited from

selling products that infringe the patents and trademarks of DreamLine or otherwise confuse consumers as to the source of the goods sold. THE PARTIES 13.

Plaintiff is a Pennsylvania Limited Liability Company with its principal place of business

at 75 Hawk Rd, Warminster, PA 18974. Plaintiff has been in business since 2006. 14.

Upon information and belief, Defendant is a Texas Corporation with an office at 2805

Market St, Suite 187, Garland, TX 75041-2460. JURISDICTION AND VENUE 15.

This Court has jurisdiction over the subject matter of this action pursuant to 15 U.S.C. §

1121 and 28 U.S.C. §§ 1331 and 1338. The Court has jurisdiction over the state law claims pursuant to 28 U.S.C. § 1338(b) and 28 U.S.C. § 1367(a). This action arises under the Patent Act, 35 U.S.C. § 100 et. seq., the Lanham Act, 15 U.S.C. 1051 § et seq., and laws of the State of Texas. 16.

This Court has personal jurisdiction over Defendant because Defendant resides and has a

regular and established place of business within this District. 17.

Venue is proper in this District pursuant to 28 U.S.C. § 1400(b) because Defendant resides

and has a regular and established place of business within this District FACTS COMMON TO ALL COUNTS A.

Plaintiff’s Products, Services, and Trademarks 18.

Plaintiff is a manufacturer and distributor of shower bases, acrylics, shower doors, shower

panels, and other shower-related products. 19.

Since 2006, Plaintiff has offered high-quality shower door and bathroom products. For the

past few years, Plaintiff has named its most recent, most innovative, and most successful product line

Plaintiff’s Original Complaint

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under the FRENCH family of marks, which includes both federally registered and common law trademarks owned by Plaintiff (the “French Products”). 20.

Aston’s infringing products described herein copy DreamLine’s naming structure and

conventions for its products. Namely, DreamLine’s most innovative and successful line of bathtub and shower doors and enclosures are marketed under the French brand created by DreamLine to evoke the elegant designs developed by DreamLine. The French Products use French names, such as the name of a river or town in France and/or the word “French” itself to identify DreamLine’s innovative design and product (the “FRENCH Marks”). Plaintiff has been selling shower enclosures under the FRENCH Marks since at least March 2016, and thus has common law trademark rights dating back at least to that date. Plaintiff owns U.S. Trademark Registration No. 5,145,377 for the mark FRENCH CORNER for “bathtub enclosures; shower doors; shower enclosures” in international class 11, which registration issued on February 21, 2017.

Plaintiff also owns U.S. Trademark Registration No. 5,622,786 for the mark

AVIGNON for “bathtub enclosures; shower doors; shower enclosures” in international class 11, which registration issued on December 4, 2018. Finally, Plaintiff owns U.S. Trademark Registration No. 5,622,787 for “bathtub enclosures; shower doors; shower enclosures” in international class 11, which registration issued on December 4, 2018. True and correct copies of Plaintiff’s FRENCH CORNER, AVIGNON, and TOULON Registered Trademarks are attached hereto as Exhibit 1. 21.

Defendant’s products, as bathtub enclosures, shower doors, and shower enclosures, also

fall under international class 11. 22.

Plaintiff’s product catalog, installation manuals, and other relevant marketing and

promotional information may be found at www.DreamLine.com (the “DreamLine Website”). Bath Authority’s DREAMLINE® products are sold at prominent retail outlets such as Home Depot and Lowe’s as well as through various other distribution channels.

Plaintiff’s Original Complaint

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To assist a purchaser of DreamLine’s French Products, DreamLine includes installation

manuals as part of the packaging of its products, copies of which can be found on the DreamLine Website. 24.

Upon information and belief, and based on the striking similarity between Plaintiff’s

installation manuals and Defendant’s installation manuals, Defendant has plagiarized Plaintiff’s product manuals in a further attempt to confuse consumers to mistakenly believe that DreamLine’s and Aston’s products are generated from a common source. Compare DreamLine Prism plus Installation Manual, attached hereto as Exhibit 2 with Aston Installation Manual, attached hereto as Exhibit 3. 25.

DreamLine French Products that Aston has copied various elements of include, but are not

necessarily limited to, the following:

26.

a.

French Linea Toulon;

b.

French Linea Avignon;

c.

French Linea Rhone;

d.

French Corner;

e.

Unidoor Toulon.

Plaintiff has invested substantial capital and energy to build the FRENCH brand, including

promotion of the French Products. These names are selected to further a theme related to the country of France. For example, Toulon and Avignon are names of cities in France and Rhone is the name of a river in France. This naming theme evokes a continental design aesthetic that supports the designs of the shower doors and further represents DreamLine’s status as an innovator and leader of quality within the industry. 27.

Likewise, Plaintiff has devoted a substantial amount of resources in the promotion and

marketing of its FRENCH Marks to consumers via its website, catalogs, installation manuals, attendance at trade shows and in-person appearances.

Plaintiff’s Original Complaint

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Because of the extensive and substantial advertising and sales of its FRENCH Marks, and

the maintenance of premium quality standards relating to the products sold under the brand, the FRENCH Marks are well and favorably known designations of source for Plaintiff. B.

Defendant’s Wrongful Behavior 29.

DreamLine recently discovered that Defendant began selling, marketing, and advertising

competing shower door and bathroom products in Texas and nationally via an “exclusive collection” available at Home Depot and its website, www.homedepot.com, as well as its direct website, www.astonbath.com. 30.

Upon information and belief, Aston intentionally markets its infringing products to

compete directly with Plaintiff and divert sales away from Plaintiff. 31.

Aston has traded off the goodwill of Plaintiff’s design and has diminished Plaintiff’s

reputation as a manufacturer and distributor of high quality shower doors, shower panels, and other shower-related products. 32.

Furthermore, upon information and belief, Aston’s intentionally copied and infringing

materials are incorporated into products that have already been distributed to retailers, such that damages and irreparable harm continue accruing every day. C.

Defendant is infringing upon Plaintiff’s Design Patent Rights 33.

DreamLine has protected its innovative designs through design patents, which cover the

unique and novel ornamental appearance of each of DreamLine’s products. DreamLine owns all right, title, and interest in and to each of the asserted design patents. 34.

The D816,818 (“D’818”) patent was issued by the United States Patent and Trademark

Office (“PTO”) on May 1, 2018 and is titled “Shower Door and Panel.” The D’818 patent claims “[t]he ornamental design for a shower door and panel, as shown and described.” A true and correct copy of the D’818 Patent is attached as Exhibit 4. Figure 1 of the D’818 patent shows a perspective view of one Plaintiff’s Original Complaint

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embodiment of the claimed design and is reproduced below. Also reproduced is a photograph of Aston’s French Brienne. The D’818 Patent

35.

French Brienne

An ordinary observer would think that the French Brienne shower door is substantially the

same as the D’818 patent. Indeed, as the side-by-side comparison shown above reveals, Defendant has misappropriated and infringed Plaintiff’s patented shower door in the accused French Brienne depicted above. The use of Plaintiff’s FRENCH naming convention further underscores the intent to copy and trade on Plaintiff’s designs and intellectual property. A view of the D’818 patent is shown on the left with a corresponding view of the French Brienne on the right. 36.

Upon information and belief, Defendant has been selling its infringing French Brienne

from early March 2019 to the present day. 37.

Plaintiff informed Defendant of the infringement via letter dated March 11, 2019. This

letter is attached as Exhibit 5. 38.

Defendant’s ongoing sales of the French Brienne therefore constitute willful infringement.

Plaintiff’s Original Complaint

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The D816,814 (“D’814”) patent was issued by the USPTO on May 1, 2018 and is titled

“Glass Shower Panel of Shower Enclosure.” The D’814 patent claims “[t]he ornamental design for a glass shower panel of shower enclosure, as shown and described.” A true and correct copy of the D’814 patent is attached as Exhibit 6. Figure 1 of the D’814 patent shows a perspective view of the claimed design and is reproduced below. Also reproduced is a photograph of Aston’s French Durance. The D’814 patent

40.

French Durance

These design patents together cover the unique and ornamental appearances of

Plaintiff’s products. 41.

An ordinary observer would think that the French Durance shower door is substantially the

same as the D’814 patent. Once again the use of Plaintiff’s FRENCH naming convention further ties the product to Plaintiff as the source. Indeed, as the side-by-side comparison shown above reveals, Defendant Plaintiff’s Original Complaint

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has misappropriated and infringed Plaintiff’s patented shower door in the accused French Durance depicted above. A view of the D’814 patent is shown on the left with a corresponding view of the French Durance on the right. 42.

Upon information and belief, Defendant has been selling its infringing French Durance

from March 2019 to the present day. 43.

Plaintiff informed Defendant of the infringement via letter dated March 11, 2019. See

Exhibit 5. 44. D.

Defendant’s ongoing sales of the French Durance therefore constitute willful infringement.

Defendant is Infringing upon Plaintiff’s Trademark Rights 45.

DreamLine sells frameless shower doors under the FRENCH Marks. See Exhibit 1.

DreamLine has been using the FRENCH Marks since at least March 2016, and has invested a substantial amount of money and resources into the marketing and advertisement of the FRENCH Marks. Furthermore, DreamLine has made substantial sales of products under the FRENCH Marks in all states of the United States. Because of DreamLine’s promotion and continuous use in commerce of the FRENCH Marks, consumers purchasing products for their bathrooms have come to know and associate the FRENCH Marks with DreamLine and its high-quality products. Through such use and recognition of the FRENCH Marks, DreamLine has acquired common law trademark rights throughout the United States. Below is an image of DreamLine’s FRENCH Linea Toulon shower door as featured on DreamLine’s website:

Plaintiff’s Original Complaint

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46.

DreamLine also sells and markets other bathroom fixtures and products on its website.

47.

Aston sells a line of shower doors using DreamLine’s FRENCH Marks, including, but not

necessarily limited to, the following:

48.

a.

French Durance;

b.

French Mayenne;

c.

French Vienne;

d.

French Brienne.

Aston not only copied DreamLine’s designs, as shown above, it blatantly copied

DreamLine’s FRENCH Marks and utilized an identical naming theme. For example, Vienne and Brienne are names of towns, Durance is the name of a river, and Mayenne is the name of both a town and a river. All are located in France. It is clear that Aston sought to trade off of the goodwill of DreamLine by selecting an identical theme when naming its products, particularly given the sales success DreamLine has enjoyed from its French Products.

Plaintiff’s Original Complaint

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E.

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Defendant’s Intentional Copying of Plaintiff’s Products DREAMLINE FRENCH LINEA TOULON v. ASTON’S FRENCH DURANCE 49.

DreamLine sells a satin black frameless fixed shower door under the brand name

“FRENCH Linea Toulon” which is also covered under DreamLine’s D‘814 patent and its TOULON mark. 50.

Aston sells a virtually identical satin black frameless fixed shower door under the brand

name “French Durance.” The FRENCH Linea Toulon

51.

The French Durance

As shown above, Aston intentionally copied a number of creative elements developed by

DreamLine in connection with the FRENCH Linea Toulon door into its French Durance product. DREAMLINE UNIDOOR TOULON v. ASTON’S FRENCH BRIENNE 52.

DreamLine sells a satin black frameless hinged shower door under the brand name

“Toulon” which is also covered under DreamLine’s D’818 patent and its TOULON mark. 53.

Aston sells a virtually identical satin black frameless hinged shower door under the brand

name “French Brienne.”

Plaintiff’s Original Complaint

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The DreamLine Unidoor Toulon

54.

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The French Brienne

Aston intentionally copied a number of creative elements developed by DreamLine and

incorporated into its Unidoor Toulon door into its French Brienne product, as shown above. F.

Defendant’s Behavior is Causing Ongoing Irreparable Harm 55.

As seen supra, Defendant is blatantly and willfully attempting to compete unfairly with

DreamLine by copying virtually everything about its business. Aston has copied DreamLine’s designs of its shower doors, usurped DreamLine’s FRENCH Marks, and is trying to pass off its brand new bath and shower product line as being identical to DreamLine’s. 56.

Aston has blatantly sought to usurp DreamLine’s goodwill by, inter alia, utilizing

intentionally copied content to purposely portray its products as being identical and/or indistinguishable from those sold by DreamLine and creating the false appearance of association in order to bolster its own sales and/or market presence to DreamLine’s detriment and expense. 57.

Furthermore, the harm associated with Aston’s wrongful conduct is, by its very nature,

irreparable and DreamLine lacks an adequate remedy at law.

Plaintiff’s Original Complaint

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FIRST CAUSE OF ACTION (Infringement of the D’818 Patent (35 U.S.C. §§ 271, 289)) 58.

Plaintiff repeats and re-alleges the allegations in all preceding paragraphs of

this Complaint. 59.

Defendant has been, and presently is, infringing the D’818 Patent within this judicial

district and elsewhere by using, making, selling, offering to sell, and/or importing into the United States, the French Brienne in violation of 35 U.S.C. §§ 271 and 289. 60.

Plaintiff is informed and believes, and on that basis alleges, that Defendant’s infringement

of the D’818 Patent has been and continues to be intentional, willful, and without regard to Plaintiff’s rights. 61.

Plaintiff is informed and believes, and on that basis alleges, that Defendant has gained

profits and received investments by virtue of its infringement of the D’818 Patent. 62.

Plaintiff has sustained damages as a direct and proximate result of Defendant’s

infringement of the D’818 Patent. 63.

Plaintiff will suffer and is suffering irreparable harm from Defendant’s infringement of the

D’818 patent. Plaintiff has no adequate remedy at law and is entitled to an injunction against Defendant’s continuing infringement of the D’818 patent. Unless enjoined, Defendant will continue its infringing conduct. 64.

This case is also exceptional, at least by virtue of Defendant’s blatant infringement. Thus,

Plaintiff is entitled to recover its attorneys’ fees and costs of suit pursuant to 35 U.S.C. § 285. SECOND CAUSE OF ACTION (Infringement of the D’814 Patent (35 U.S.C. §§ 271, 289)) 65.

Plaintiff repeats and re-alleges the allegations in all preceding paragraphs of

this Complaint.

Plaintiff’s Original Complaint

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Defendant has been, and presently is, infringing the D’814 Patent within this judicial

district and elsewhere by using, making, selling, offering to sell, and/or importing into the United States, the French Brienne in violation of 35 U.S.C. §§ 271 and 289. 67.

Plaintiff is informed and believes, and on that basis alleges, that Defendant’s infringement

of the D’814 Patent has been and continues to be intentional, willful, and without regard to Plaintiff’s rights. 68.

Plaintiff is informed and believes, and on that basis alleges, that Defendant has gained

profits and received investments by virtue of its infringement of the D’814 Patent. 69.

Plaintiff has sustained damages as a direct and proximate result of Defendant’s

infringement of the D’814 Patent. 70.

Plaintiff will suffer and is suffering irreparable harm from Defendant’s infringement of the

D’814 patent. Plaintiff has no adequate remedy at law and is entitled to an injunction against Defendant’s continuing infringement of the D’814 patent. Unless enjoined, Defendant will continue its infringing conduct. 71.

This case is also exceptional, by virtue of Defendant’s blatant infringement. Thus, Plaintiff

is also entitled to recover its attorneys’ fees and costs of suit pursuant to 35 U.S.C. § 285. THIRD CAUSE OF ACTION (False Designation of Origin under the Lanham Act (15 U.S.C. § 1125(a)(1)(A))) 72.

Plaintiff repeats and re-alleges the allegations in all preceding paragraphs of

this Complaint. 73.

DreamLine is the owner of the FRENCH family of marks for use in connection with shower

doors and enclosures. 74.

As a result of longstanding and extensive use and wide recognition, Plaintiff’s FRENCH

Marks have become distinctive as an indication of the source of Plaintiff’s shower doors and enclosures.

Plaintiff’s Original Complaint

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Defendant has knowingly and willfully used the FRENCH Marks and confusingly similar

variations thereof in interstate commerce to sell competing bathroom products. 76.

Defendant has used designations that are nearly identical and confusingly similar to

Plaintiff’s FRENCH Marks in interstate commerce in association with the offering and selling of bathroom products, namely shower doors, and is currently using such designations in direct competition with Plaintiff. 77.

Defendant’s willful and unauthorized use of such designations, including “French,” which

is identical to Plaintiff’s FRENCH Marks, and the adoption of a similar naming theme using the names of towns and rivers in France for its nearly identical product line, is likely to cause confusion or to cause a mistake or to deceive purchasers as to the affiliation, connection, or association of Defendant with Plaintiff in violation of Section 43 of the Lanham Act, 15 U.S.C. § 1125(a)(1)(A). 78.

Defendant’s use of designations confusingly similar to Plaintiff’s FRENCH Marks in

commerce in connection with Defendant’s shower doors is likely to cause confusion and thus constitutes a false designation of origin, affiliation, connection, or association, and a false description or representation that wrongfully and falsely designates Defendant’s products as originating from the same source as Plaintiff’s products, or being associated, affiliated, or connected with, approved or sponsored by Plaintiff, in violation of 15 U.S.C. § 1125(a)(1)(A). 79.

As a direct and proximate result of Defendant’s unlawful acts and conduct, Plaintiff has

suffered and will continue to suffer damage to its business for which Plaintiff is entitled to monetary relief. 80.

By reason of Defendant’s unlawful acts and practices, Defendant has caused, is causing

and, unless such acts are enjoined by the Court, will continue to cause irreparable harm to DreamLine’s reputation and goodwill for which there is no adequate remedy at law, and for which DreamLine is entitled to injunctive relief.

Plaintiff’s Original Complaint

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Unless enjoined by this Court, Defendant will continue to use Plaintiff’s FRENCH Marks

to confuse and mislead distributors and consumers, and will cause irreparable harm to Plaintiff, including to its reputation and goodwill, and potentially its distributor network and customer base. 82.

Unless the Court orders Defendant to notify its distributors and any other resale customers

of the infringement and to remove Defendant’s infringing products from the relevant markets, or to recall all such products, Plaintiff will suffer irreparable harm to its reputation and goodwill. 83.

Upon information and belief, Defendant has committed the foregoing acts willfully and

with the intent to benefit from the reputation and goodwill of Plaintiff and its trademarks. 84.

Plaintiff is entitled to recover from Defendant the actual damages that Plaintiff sustained

and is likely to sustain as a result of Defendant’s unlawful acts. Plaintiff is currently unable to ascertain the full extent of the monetary damages that it has suffered and is likely to suffer by reason of Defendant’s unlawful acts. These damages may be exacerbated because the infringing products are consumable products that will be ordered again and again, multiplying the future impact of lost sales today. It is also difficult, if not impossible, for Plaintiff to determine how many customers intended to purchase a DreamLine product, but mistakenly purchased an Aston product unwillingly due to Aston’s practices, further increasing Plaintiff’s damages and inability to calculate damages with certainty. 85.

Plaintiff is also entitled to recover from Defendant the gains, profits, and advantages that

Defendant has obtained as a result of its unlawful acts. Plaintiff is currently unable to ascertain the extent of the gains, profits, and advantages that Defendant has realized by reason of its unlawful acts. 86.

This case is also exceptional, at least by virtue of Defendant’s blatant infringement. Thus,

Plaintiff is also entitled to recover its attorneys’ fees and costs of suit pursuant to 15 U.S.C. § 1117.

Plaintiff’s Original Complaint

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FOURTH CAUSE OF ACTION (Federal Trademark Infringement under 15. U.S.C. § 1114) 87.

Plaintiff repeats and re-alleges the allegations in all preceding paragraphs of

this Complaint. 88.

Plaintiff is the owner of U.S. Trademark Registration No. 5,145,377 for the marks

FRENCH CORNER, TOULON, and AVIGNON for “bathtub enclosures; shower doors; shower enclosures” in international class 11, which registrations issued on February 21, 2017, December 4, 2018, and December 4, 2018, respectively. 89.

Plaintiff holds an undivided interest in all right and title in and to the FRENCH CORNER,

TOULON, and AVIGNON trademarks in the United States. 90.

Defendant has used designations that are nearly identical and confusingly similar to

Plaintiff’s FRENCH CORNER, TOULON, and AVIGNON marks for nearly identical competing shower door and enclosure products in direct competition with Plaintiff, including at least the following infringing designations “French Durance,” “French Mayenne,” “French Vienne,” and “French Brienne.” 91.

Defendant’s unauthorized and unlicensed use of these “French” designations for competing

shower doors and enclosures is likely to cause confusion and deceive consumers as to the source or origin of Defendant’s goods, or the affiliation of such products with Plaintiff. 92.

Defendant’s acts infringe Plaintiff’s FRENCH CORNER, TOULON, and AVIGNON

trademarks, with consequent damage to Plaintiff and Plaintiff’s business and goodwill symbolized by the FRENCH CORNER, TOULON, and AVIGNON trademarks, in violation of 15 U.S.C. § 1114 (Section 32 of the Lanham Act). 93.

As a direct and proximate result of Defendant’s trademark infringement, Plaintiff has

incurred substantial damages in an amount to be determined at trial, together with interest, costs and disbursements thereon. Plaintiff’s Original Complaint

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Defendant’s conduct was intentional, willful, and malicious, thus justifying the award of

punitive and/or exemplary damages. FIFTH CAUSE OF ACTION (Common Law Trademark Infringement and Unfair Competition) 95.

Plaintiff repeats and re-alleges the allegations in all preceding paragraphs of

this Complaint. 96.

By way of Plaintiff’s continuous and near exclusive use of the trademarks FRENCH

CORNER, TOULON, and AVIGNON for shower doors within the State of Texas, and nationally from at least as early as March 2016 to the present, the term FRENCH constitutes a valid and legally protectable trademark. 97.

Plaintiff holds an undivided interest in all right and title in and to the FRENCH CORNER,

TOULON, and AVIGNON trademarks in the United States. 98.

Upon information and belief, Defendant, since as early as March 2019, has adopted and

used in this District, a confusingly similar FRENCH trademark for competing shower door products. 99.

Defendant’s use of the FRENCH Marks is likely to cause confusion among consumers.

100.

Further, Defendant’s business conduct is contrary to honest practices in industrial or

commercial matters. As such, it is also liable under the Texas laws of unfair competition. 101.

As a direct and proximate result of Defendant’s trademark infringement and unfair

competition, Plaintiff has incurred substantial damages in an amount to be determined at trial, together with interest, costs and disbursements thereon. 102.

Defendant’s conduct was intentional, willful and malicious thus justifying the award of

punitive and/or exemplary damages.

Plaintiff’s Original Complaint

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SIXTH CAUSE OF ACTION (Unfair Competition Under Lanham Act § 43(a) (15 U.S.C. § 1125(a)) 103.

Plaintiff repeats and re-alleges the allegations in all preceding paragraphs of

this Complaint. 104.

By way of Plaintiff’s continuous and near exclusive use of the “FRENCH” Mark for

shower doors and enclosures within the United States from at least as early as March 2016 to the present, the term FRENCH constitutes a valid and legally protectable trademark. 105.

Plaintiff holds an undivided interest in all right and title in and to the “FRENCH” Mark in

the United States. 106.

Defendant has adopted and, upon information and belief, since as early as March 2019,

Defendant has adopted and used in interstate commerce, the same FRENCH trademark for competing shower door products. 107.

Furthermore, Defendant uses confusingly similar designs, pictures, and written

descriptions to those used by DreamLine on its website to market Defendant’s shower doors. 108.

Defendant’s use of the FRENCH mark, in combination with Defendant’s use of

confusingly similar designs, pictures and written descriptions and identical manuals, is likely to cause confusion among consumers within the United States. SEVENTH CAUSE OF ACTION (Misappropriation) 109.

Plaintiff repeats and re-alleges the allegations in all preceding paragraphs of

this Complaint. 110.

Plaintiff developed its products and trademarks through extensive time, skill, labor, money,

and other resources. In connection with the advertising, marketing, and sale of its products, Defendant has willfully and intentionally exploited the reputation and goodwill associated with Plaintiff’s products

Plaintiff’s Original Complaint

Page 20 of 25

Case 3:19-cv-00762-G Document 1 Filed 03/27/19

Page 21 of 25 PageID 21

and trademarks in competition with Plaintiff to gain a competitive advantage, and also in a manner that was likely to cause confusion, mistake, and to deceive. Defendant thereby gained a special advantage in that competition because Defendant was burdened with little or none of the expense incurred by the Plaintiff. By these actions, Defendant gained a financial benefit for itself and has caused financial loss and damages to Plaintiff. 111.

Defendant’s actions have caused and will continue to cause Plaintiff irreparable injury for

which Plaintiff has no adequate remedy at law. EIGHTH CAUSE OF ACTION (Application for Preliminary Injunction) 112.

Plaintiff repeats and re-alleges the allegations in all preceding paragraphs of

this Complaint. 113.

Plaintiff likely will suffer imminent harm and irreparable injury if Defendant is not

immediately enjoined from infringing on Plaintiff’s trademark and patent rights. Fed. R. Civ. P. 65(b)(1). 114.

There is no dispute that Defendant intended to engage in the very activity that Plaintiff

seeks to enjoin. Specifically, Defendant is blatantly and willfully copying the patented designs, style, and naming conventions of Plaintiff’s FRENCH line of shower and bathtub doors, to appear as if they were identical, indistinguishable from, or related to those sold by Plaintiff to dealers, distributors, and consumers. These actions are readily observable since both the Plaintiff’s and Defendant’s products are offered for sale through the same retailers. Therefore, there is no conjecture involved in satisfying the imminent harm requirement. 115.

An irreparable injury is one that cannot be prevented or fully rectified by a final judgment

following a trial. See Deerfield Med. Ctr. v. City of Deerfield Beach, 661 F.2d 328, 338 (5th Cir. 1981) (irreparable injury is harm that cannot be undone by an award of monetary damages). Plaintiff’s damages are not ascertainable or easily calculated. Defendant is currently selling in the market products that Plaintiff’s Original Complaint

Page 21 of 25

Case 3:19-cv-00762-G Document 1 Filed 03/27/19

Page 22 of 25 PageID 22

infringe on Plaintiff’s trademark and patent rights. The continuous damage to Plaintiff includes not only lost profits, but also lost goodwill and reputation. Therefore, although Plaintiff has already suffered a monetary loss in the form of lost revenues, it is also harmed in an unquantifiable manner that is the hallmark of trademark infringement, patent infringement, misappropriation, and unfair competition. There is no adequate remedy at law because a money judgment would come well after the aforementioned damage has been done. 116.

There is a substantial likelihood that Plaintiff will prevail on the merits because the

Defendant’s actions are documented and the actionable behavior can be traced with minimal effort. See Bluefield Water Ass’n v. City of Starkville, 577 F.3d 250-53 (5th Cir. 2009). It is not necessary for the applicant to prove it will ultimately prevail. Walling v. Metcalfe, 863 S.W.2d 56, 57 (Tex. 1993). 117.

The threatened harm to Plaintiff outweighs the harm that a preliminary injunction would

inflict on Defendant. Opulent Life Church v. City of Holly Springs, 697 F.3d 279, 297 (5th Cir. 2012). A balancing of hardships reveals that it is the Plaintiff who will ultimately suffer if Defendant is permitted to continue its damaging efforts. Any harm resulting to Defendant would be the prevention of unjust enrichment through its unlawful actions. Given Plaintiff’s likelihood of success on its claims, the threatened harm to Plaintiff outweighs the harm that would befall the Defendant. 118.

Issuing a preliminary injunction would not adversely affect the public interest and public

policy. Mississippi Power & Light Co., et al v. United Gas Pipe Line Co., 760 F.2d 618, 623 (5th Cir. 1985). Should this Court grant the injunctive relief requested, it would affect only the parties to this lawsuit. To the extent that the prospective customer is an affected nonparty, the customer is isolated in the marketplace and does not represent the public interest as a whole. For the same reason, enjoining Defendant’s actions does not run counter to public policy. 119.

Plaintiff is willing to post bond in an amount the Court deems appropriate.

Plaintiff’s Original Complaint

Page 22 of 25

Case 3:19-cv-00762-G Document 1 Filed 03/27/19

120.

Page 23 of 25 PageID 23

Plaintiff also asks the Court to set the request for a preliminary injunction for hearing at

the earliest possible date. 121.

For these reasons, Plaintiff asks the Court to issue a preliminary injunction. NINTH CAUSE OF ACTION (Request for Permanent Injunction)

122.

Plaintiff repeats and re-alleges the allegations in all preceding paragraphs of

this Complaint. 123.

Plaintiff asks the Court to set its application for injunctive relief for a full trial on the issues

in this application and, after the trial, to issue a permanent injunction against Defendant. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in its favor against Defendant and seeks the following relief: (a)

A preliminary and permanent injunction barring Defendant, or any person or entity acting on its behalf, in concert with it, or through which it acts, from: i.

Making, using, selling, or importing shower door products that infringe the D’818 and/or D’814 Patents;

ii.

Making any use of the “FRENCH” Mark or name in connection with shower doors and enclosures;

iii. (b)

Unfairly competing with DreamLine;

Compensatory damages including, but not limited to: (i) lost profits; (ii) the disgorgement of all profits and revenues received by Defendant; and (iii) to the extent calculable, damages for reputational damage, lost customers, lost customer relationships, lost revenue, loss of goodwill, corrective advertising, and other damages;

Plaintiff’s Original Complaint

Page 23 of 25

Case 3:19-cv-00762-G Document 1 Filed 03/27/19

(c)

Page 24 of 25 PageID 24

Punitive and exemplary damages in an amount to be determined at trial in this matter;

(d)

Interest, costs, attorney’s and expert fees;

(e)

Equitable relief in the form of a the imposition of an injunction, constructive trust, accounting, and a disgorgement of profits and other benefits received by reason of unlawful conduct; and

(f)

Awarding such other relief to Plaintiff as this Court deems appropriate, just, and proper.

Dated: March 27, 2019 Respectfully submitted, FOX ROTHSCHILD LLP By:

/s/ Andy Nikolopoulos________ Andy Nikolopoulos Two Lincoln Centre 5420 Lyndon B Johnson Freeway Suite 1200 Dallas, TX 75240-6215 (972) 991-0889 [email protected] Jonathan Lagarenne, pro hac vice application pending Daniel M. Rosales, Jr., pro hac vice application pending 1225 17th Street #2200 Denver, CO 80202 (303) 292-1200 [email protected] [email protected]

Plaintiff’s Original Complaint

Page 24 of 25

Case 3:19-cv-00762-G Document 1 Filed 03/27/19

Page 25 of 25 PageID 25

Ely Goldin, pro hac vice application pending 10 Sentry Parkway, Suite 200 P.O. Box 3001 Blue Bell, PA 19422-3001 (610) 397-6500 [email protected] Attorneys for Plaintiff Bath Authority, LLC d/b/a DreamLine

Plaintiff’s Original Complaint

Page 25 of 25

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

Reg. No. 5,145,377 Registered Feb. 21, 2017

Page 1 of 110 PageID 26

Bath Authority LLC (PENNSYLVANIA LIMITED LIABILITY COMPANY), DBA Dreamline , 75 Hawk Road Warminster, PA 18974

Int. Cl.: 11

CLASS 11: Bathtub enclosures; Shower doors; Shower enclosures

Trademark

FIRST USE 3-1-2016; IN COMMERCE 3-1-2016

Principal Register

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT STYLE, SIZE OR COLOR No claim is made to the exclusive right to use the following apart from the mark as shown: "CORNER" SER. NO. 87-071,568, FILED 06-14-2016 RONALD ERNES DELGIZZI, EXAMINING ATTORNEY

EXHIBIT 1

REQUIREMENTS TO MAINTAIN YOUR TRADEMARK Case 3:19-cv-00762-G Document 1-1 FEDERAL Filed 03/27/19 Page REGISTRATION 2 of 110 PageID 27 WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS. Requirements in the First Ten Years* What and When to File: First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the registration will continue in force for the remainder of the ten-year period, calculated from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a federal court. Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.

Requirements in Successive Ten-Year Periods* What and When to File: You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between every 9th and 10th-year period, calculated from the registration date.*

Grace Period Filings* The above documents will be accepted as timely if filed within six months after the deadlines listed above with the payment of an additional fee. *ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use (or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO). The time periods for filing are based on the U.S. registration date (not the international registration date). The deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying international registration at the International Bureau of the World Intellectual Property Organization, under Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the date of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the international registration, see http://www.wipo.int/madrid/en/. NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the USPTO website for further information. With the exception of renewal applications for registered extensions of protection, you can file the registration maintenance documents referenced above online at h ttp://www.uspto.gov. NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark owners/holders who authorize e-mail communication and maintain a current e-mail address with the USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms available at http://www.uspto.gov.

Page: 2 of 2 / RN # 5145377

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

Reg. No. 5,622,786 Registered Dec. 04, 2018 Int. Cl.: 11 Trademark Principal Register

Page 3 of 110 PageID 28

Bath Authority LLC (PENNSYLVANIA LIMITED LIABILITY COMPANY) 75 Hawk Road Warminster, PENNSYLVANIA 18974 CLASS 11: Bathtub enclosures; Shower doors; Shower enclosures; Showers FIRST USE 2-00-2017; IN COMMERCE 2-00-2017 THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT STYLE, SIZE OR COLOR SER. NO. 87-912,458, FILED 05-08-2018

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

Page 4 of 110 PageID 29

REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS. Requirements in the First Ten Years* What and When to File: First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the registration will continue in force for the remainder of the ten-year period, calculated from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a federal court. Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.

Requirements in Successive Ten-Year Periods* What and When to File: You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between every 9th and 10th-year period, calculated from the registration date.*

Grace Period Filings* The above documents will be accepted as timely if filed within six months after the deadlines listed above with the payment of an additional fee. *ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use (or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO). The time periods for filing are based on the U.S. registration date (not the international registration date). The deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying international registration at the International Bureau of the World Intellectual Property Organization, under Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the date of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the international registration, see http://www.wipo.int/madrid/en/. NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the USPTO website for further information. With the exception of renewal applications for registered extensions of protection, you can file the registration maintenance documents referenced above online at h ttp://www.uspto.gov. NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark owners/holders who authorize e-mail communication and maintain a current e-mail address with the USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms available at http://www.uspto.gov.

Page: 2 of 2 / RN # 5622786

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

Reg. No. 5,622,787 Registered Dec. 04, 2018 Int. Cl.: 11 Trademark Principal Register

Page 5 of 110 PageID 30

Bath Authority LLC (PENNSYLVANIA LIMITED LIABILITY COMPANY) 75 Hawk Road Warminster, PENNSYLVANIA 18974 CLASS 11: Bathtub enclosures; Shower doors; Shower enclosures; Showers FIRST USE 2-00-2017; IN COMMERCE 2-00-2017 THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT STYLE, SIZE OR COLOR SER. NO. 87-912,461, FILED 05-08-2018

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

Page 6 of 110 PageID 31

REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS. Requirements in the First Ten Years* What and When to File: First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the registration will continue in force for the remainder of the ten-year period, calculated from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a federal court. Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.

Requirements in Successive Ten-Year Periods* What and When to File: You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between every 9th and 10th-year period, calculated from the registration date.*

Grace Period Filings* The above documents will be accepted as timely if filed within six months after the deadlines listed above with the payment of an additional fee. *ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use (or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO). The time periods for filing are based on the U.S. registration date (not the international registration date). The deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying international registration at the International Bureau of the World Intellectual Property Organization, under Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the date of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the international registration, see http://www.wipo.int/madrid/en/. NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the USPTO website for further information. With the exception of renewal applications for registered extensions of protection, you can file the registration maintenance documents referenced above online at h ttp://www.uspto.gov. NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark owners/holders who authorize e-mail communication and maintain a current e-mail address with the USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms available at http://www.uspto.gov.

Page: 2 of 2 / RN # 5622787

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

Page 7 of 110 PageID 32

PRISM PLUS

SHOWER ENCLOSURE INSTALLATION INSTRUCTIONS IMPORTANT DreamLine® reserves the right to alter, modify or redesign products at any time without prior notice. For the latest up-to-date technical drawings, manuals, warranty information or additional details please refer to your model’s web page on DreamLine.com

MODEL #s

SHEN-2634340-## SHEN-2636360-## SHEN-2638380-## SHEN-2640400-## ##=finish 01- Chrome 04- Brushed Nickel 06- Oil Rubbed Bronze 09- Satin Black

Left-swing installation shown

For more information about DreamLine® Shower Doors & Tub Doors please visit DreamLine.com PRISM PLUS manual Ver 1 Rev 2 11/2016

EXHIBIT 2

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

Page 8 of 110 PageID 33

This model is treated with DreamLine’s exclusive ClearMaxTM Glass technology. This is a specially formulated coating that prevents the build up of soap and water spots. Install the surface with the ClearMaxTM label towards the inside of the shower. Please note that depending on the model, the glass may be coated on either one or both surfaces. For best results, squeegee the glass after each use and dry with a soft cloth.

PRISM PLUS manual Ver 1 Rev 2 11/2016

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Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

Preparation

Page 9 of 110 PageID 34

1. Prior to installation, examine all boxes and packages for shipping damage and compare the piece count with your packing slip. After opening all boxes and packages read this introduction carefully. Check that all of the needed parts are included in the package by checking off the components on the “Detailed Diagram of Shower Door Components”. If the unit has been damaged, has a finishing defect, or has missing parts, please contact our customer support department within 3 business days of the delivery date. Please note that DreamLine® will not replace any damaged products or missing parts free of charge after 3 business days or if the product has been installed. Feel free to contact DreamLine® if you have any questions, and please provide an order number, job name or other proof of purchase to help us identify your original order. 2. Please note that you should consult your local building codes with questions on installation compliance standards. Building and plumbing codes may vary by location, and DreamLine® is not responsible for code compliance standards for your project and will not accept any returns. 3. If this unit is going to be installed in a new construction, please install all of the required plumbing and drainage before installing the shower. Use a competent and licensed (if required by local code) plumber for all plumbing installation 4. Please make sure that prior to beginning the installation, the surfaces are leveled and solid and will be able to support the total weight of the unit. Also make sure the walls are at right angles. Irregular installation surface level, radius corners or improper angle of side walls will result in serious problems for your installation. Please, note that some adjustments and drilling might be necessary during the installation process. 5. Please protect all primary surfaces of the product during installation. Never set your glass down directly onto a tile floor. Leave corner protectors in place until necessary to remove them. Always use a piece of wood or cardboard to protect the bottom edge and corners of the glass prior to and during installation. 6. This unit must be installed upon a finished threshold and against finished walls. 7. This model has 1/4” of adjustment for out-of-plumb wall conditions within the u-channels. Verify that your walls are plumb before proceeding with the installation. 8. This model requires that you drill into the threshold for proper installation. 9. This model requires a minimum 1-1/2” of flat threshold space for installation. 10. Professional installation recommended. NOTE: DO NOT install the handle onto the door glass until instructed to do so. DO NOT lift the glass using the handle. This could result in damage to the glass and/or serious personal injury. Always use an assistant or a professional grade glass suction cup when handling heavy glass. NOTE: This door is reversible for left or right-swing door installation. The left-swing door installation is shown as an example throughout this manual. For the right-swing door installation, simply begin on the opposite wall and reverse the orientation of the steps shown. PRISM PLUS manual Ver 1 Rev 2 11/2016

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Page 10 of 110 PageID 35

Tools

Tape Measure

Level

Silicone

Pencil

Soft Head

Power Drill

Drill bit Drill bit (Ø=5/16") (Ø=1/8")

Phillips Screwdriver

Mallet

Wood

13/16” shim

Hammer

Tip: Measure the finished opening before

proceeding with the installation to be sure that the correct model size has been ordered. W1 and W2 dimensions are measured from the finished corner of the walls to the outside edge of the wall profiles.

Glass Box Code

SHEN-GLP2601-343410 SHEN-GLP2601-363610 SHEN-GLP2601-383810 SHEN-GLP2601-404010

W1 34" 36" 38" 40"

W2

34" 36" 38" 40"

W1

W2

NOTE: Unpack your unit carefully and inspect it. Lay it out and identify all parts using the detailed diagram and packing list in this manual as a reference. Before discarding the carton, check for small hardware bags that may have fallen to the bottom of the box. If any parts are damaged or missing, please contact DreamLine® for replacement. The shipping boxes may contain extra parts not used in your model configuration. NOTE: Retain these installation instructions for future reference. PRISM PLUS manual Ver 1 Rev 2 11/2016

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Page 11 of 110 PageID 36

Detailed Diagram of shower door components

The glass surface with the ClearMax™ label must be installed to face inside of the shower

Parts List # 1 2 3 4

ITEM Stationary Glass 1 Door Glass Stationary Glass 2 (hinge panel) L- shape brackets (Left & Right)

QTY 1pc 1pc 1pc 1set

# 10 11 12 13

ITEM Decorative Cover and washers Stainless Steel U-channel Bottom Bracket Anti-water side strip (hinge side) -3 pcs

QTY 2sets 2pcs 2pcs 1set

5

130° Adjustable Hinge

2pcs

14

Anti-water side strip (strike vinyl seal)

1pc

6

Handle

1pc

15

Anti-water bottom strip (sweep vinyl)

1pc

14pcs

16

3mm/4mm Hex Key

17

Round Head Screw ST4.2×40

7

Φ8 (5/16”) Wall Anchor

8

Round Head Screw ST4.2×25

2pcs

9

Truss Head Screw ST4.2×40

4pcs

PRISM PLUS manual Ver 1 Rev 2 11/2016

1 each 8pcs

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Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

Installation steps

Page 12 of 110 PageID 37

1. Starting from the bottom, measure from the

finished corner of the opening to the outside of the Stainless Steel U-channels (#11) and draw a plumb line up the wall according to the Glass Box Code for the Shower Enclosure model size. See Table 1 below.

Table 1

Glass Box Code

SHEN-GLP2601-343410 SHEN-GLP2601-363610 SHEN-GLP2601-383810 SHEN-GLP2601-404010

W1 34" 36" 38" 40"

W2

34" 36" 38" 40"

W2

W1 W2

W1

NOTE: The Stainless Steel U-channels (#11) must be installed at the correct dimensions for the model size indicated in Table 1.

Fig 1

1

2. Make sure the Stainless Steel U-channels (#11)

2

are absolutely vertical. Mark the position of the Stainless Steel U-channels (#11) on the walls.

See Fig 2 for details

outside

outside

4

3

U-channel

ou

tsi

de

outside

Fig 2 PRISM PLUS manual Ver 1 Rev 2 11/2016

6

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19 3. Mark the drilling holes on the wall through the predrilled holes in the Stainless Steel U-channels (#11) . Drill the holes in the wall using Ø 5/16”(8mm) drill bit and insert the Wall anchors (#07). Run a bead of Waterproof silicone along the back of the Stainless Steel U-channels (#11) . Fasten the Stainless Steel U-channels (#11) to the wall using the Round head screw ST4.2×40 (#17). See Fig 3 for details

Page 13 of 110 PageID 38

2

1

Ø5/16" (8mm)

4

3

5

4. Install both of the Bottom Brackets

1

outside

(#12) onto the panel glass (#01) & (#03). Use the included gaskets to protect the glass. See Fig 4 for details

Fig 3

5. Set the Stationary Glass 2 (hinge panel)

Fig 4

(#03) onto the threshold and into the Stainless Steel U-channel (#11). See Fig 5 for details

1

inside

Fig 5 Left-swing door installatiion shown for example

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Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

6. Set the Stationary Glass 1 (#01) onto

Page 14 of 110 PageID 39

the threshold and into the Stainless Steel U-channel (#11). See Fig 6 for details 23-15/16”

23-15/16”

23-15/16”

Fig 6 7. Measure the distance on the threshold between the

Stationary Glass 1 (#01) and Stationary Glass 2 (hinge panel) (#03). Adjust the panel glass so that it is parallel to the outside of the threshold. Measure the area where the door glass will be installed. This distance needs to be 23-15/16”. Mark the position of the glass on the threshold as shown.

W2

See Fig 7 for details

W1 23-15/16” overhead view

Fig 7

PRISM PLUS manual Ver 1 Rev 2 11/2016

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Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

8. With both of the Bottom Brackets (#12) installed onto

the Panel glass (#01) & (#03), mark the holes for drilling onto the threshold. (Be sure that the end of the panel glass aligns with the marks on the threshold from step #6 to maintain proper spacing for the door at 23-15/16”). Remove the panel glass and drill the holes* into the threshold for the bottom brackets. •For installation into an acrylic threshold: *drill Ø1/8” holes

Page 15 of 110 PageID 40

1

2

3

4

•For installation into a tile threshold: *drill Ø5/16” holes and insert anchors See Fig 8 for details

see step #8 for hole Ø

inside

Fig 8 9. Add silicone into the installed Stainless Steel

U-channels (#11). Slide the panel glass into the U-channel. Tap with a rubber mallet and a block of wood if necessary. Install the Bottom Brackets (#12) onto the threshold using the ST4.2 x 25 Round Head screws (#08) with washers and decorative covers (#10). See Fig 9 for details

2

1

inside

4

3

washer

inside

5

Fig 9

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Page 16 of 110 L-Shape Bracket Parts Diagram

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

PageID 41

4.4 4.5

4.3

4.6

4.2

4.7

4.1

4.8

Parts List 4.1

Rubber pad

1pc

4.2

M5 rubber tip set screw

2pcs

4.3

L-Bracket

1pc

4.4

Decorative cover

1pc

4.5

Wall Anchor

6pcs

4.6

1pc

4.7

Wall Plate ST4.2x40 Screw

4.8

M5x14 Screw

2pcs

PRISM PLUS manual Ver 1 Rev 2 11/2016

6pcs

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Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

10. Position the L-bracket assembly (#04) onto

the Stationary Glass (#01) as shown and mark the position on the wall. Remove the Wall Plate (#4.6) and mark the holes for drilling. Drill Ø5/16”(8mm) holes and insert the wall anchors. Attach the Wall Plate (#4.6) using ST4.2 x 40 (#4.7) screws. Re-attach the L-Bracket (#4.3) to the Wall Plate (#4.6) and adjust the angle if necessary using the set screws (Fig 10.7& 10.8). Adjust the Stationary Glass (#01) to plumb and tighten the screws. Attach the Decorative Cover (#4.4). Secure the L-Bracket (#05) to the top of the Stationary Glass (#01) using the clear gasket and rubber tipped set screws. Do not over tighten the set screws

Page 17 of 110 PageID 42

Left hand bracket installation

1

3

2

Ø8(5/16")

4

5

7

8

6

Max4mm

9

/1

0-1

)

mm

2 6”(

Max4mm

See Fig 10, 11 & 12 for details 10

11

Fig 10

NOTE: The left hand L-bracket installation is shown. Follow the same steps to install the right-hand L-bracket.

Right hand L-bracket

Left hand L-Bracket installation shown PRISM PLUS manual Ver 1 Rev 2 11/2016

Fig 11

11

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23-15/16”

23-15/16”

Fig 12

TIP: Before installing the Door glass (#02), attach the Anti-water side strip (#14) (Strike vinyl seal) to the edge of the Stationary Glass 1 (#01) to protect the edge of the glass during installation of the Door Glass (#02).

Stationary Glass 1 (#01) NOTE: DO NOT install the Handle onto the glass until instructed. DO NOT lift the glass using the Handle. This could result in damage to the glass and /or serious personal injury. Always use an assistant or a professional grade glass suction cup when handling heavy glass.

PRISM PLUS manual Ver 1 Rev 2 11/2016

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11. Attach the Hinges (#05) to the Stationary glass 2

Page 19 of 110 PageID 44

(hinge panel) (#03) with the bolts facing inside of the shower. Carefully bring the Door Glass (#02) into the shower between the two stationary panels. Level up the Door Glass (#02) next to the Stationary glass 2 (hinge panel) (#03) and fasten the hinges onto the Door Glass (#02). Make sure the top edges of the Door Glass (#02) and the Stationary glass 2 (hinge panel)(#03) are flush at the top. Use a 13/16” shim beneath the door glass during installation (see Fig 14). See Fig 13 & 14 for details

NOTE: See page #15 for details about the Adjustable hinge features

Fig 13

TIP: Use a 13/16” shim beneath the door glass

to help align the door glass with the hinges. This will also protect the threshold and the bottom of the door glass from damage and allow spacing for the sweep vinyl seal (#15). See Fig 14 for details

TIP: It is advisable to allow the silicone to set on the hinge panel glass connection with the U-channel before hanging the door glass. Leave the shims in place beneath the door glass while the silicone cures, especially if an out-of-plumb wall condition is present.

13/16” shim

PRISM PLUS manual Ver 1 Rev 2 11/2016

Fig 14 13

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12. Press the Anti-water strip

(#14) onto the vertical edge of the Stationary glass 2 (#03). (Fig 14.1) Press the Bottom anti-water strip (#15) onto the bottom edge of the Door Glass (#02). (Fig 14.2)

Page 20 of 110 PageID 45

3

2

1

Inside

See Fig 15 for details

Fig 15

13. Take three measurements:

• From the top edge of the Door Glass (#02) to the top edge of the inner part of the Hinge (05); (See

Fig 15.3)

• Repeat this process between the top and bottom hinges • Measure up from the surface of the shower base to the bottom of the inner part of the bottom hinge Cut the Anti water Side strip (hinge side) (13#) according to these measurements. Notch the ends to fit into the hinges and also around the Bottom anti-water strip (#15). Fully press the cut strips onto the vertical edge of the Door Glass (#02).

See Fig 16 for details

1 Stationary glass (01)

2

3

4

6

7

8

Door measure

inner part

measure

5

Inside 1”

Door Around Bottom sweep

Fig 16 PRISM PLUS manual Ver 1 Rev 2 11/2016

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14. Apply a good quality mildew-resistant silicone along

Page 21 of 110 PageID 46

the connection of the stationary glass with the walls and the Shower base or threshold. Allow 24 hours for the silicone to fully cure before using the shower. See Fig. 17 for details

24 Hours

Fig 17

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HG-PRS30A Adjustable Hinge Manual

Installation & Adjustment 1. Make sure the door glass

is plumb and the edge of the hinge is installed flush with the glass edge. Tighten the faceplate screws. (Figure 1)

2. The hinges are set to over-

close at 130°degrees. You can change this angle by using the adjustment screws on the hinge plate. (Figure 2)

3. Use the supplied Allen Key to loosen the adjustment screws on the hinge plate, adjust the door to the desired angle then tighten the adjustment screws. (Figure 3) Outside Inside

130

°

as viewed from inside the shower

1 35

Figure 1

Figure 2

°

Figure 3

Safe Use & Daily Maintenance • The overclose setting requires strike vinyl for the door to close against and seal. • Use a soft cloth to clean the hinge surfaces. Do not use abrasives or acidic liquids as this will damage the finish. • Be careful not to scratch the finished surfaces of the hinge during installation. PRISM PLUS manual Ver 1 Rev 2 11/2016

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Product Maintenance BASES and BACKWALLS: To ensure long lasting life for your acrylic back walls: wipe them off

after each use with a soft cloth. To clean the acrylic back walls use non-abrasive sprays or cream based cleaners. Avoid the use of aerosol spray cleaners. Never use abrasive cleansers, metal brushes or scrapers that could scratch or dull the surface.

GLASS: To ensure long lasting life for your glass shower products: wipe them off after each use with a soft cloth. Rinse and wipe off the glass using either a soft cloth or a squeegee to prevent soap buildup and water spots (Hard water can etch the surface of the glass over time if left to dry). To prevent scratching the surface: never use abrasive cleaners or cleaning products that contain scouring agents. Never use bristle brushes or abrasive sponges that may scratch the surface.

HARDWARE: To ensure a long lasting finish: wipe off the metal parts after each use with a soft

cloth. Do not use abrasive cleaners or cleaning products containing ammonia, bleach or acid. If accidentally used, rinse the surface as soon as possible to prevent damage to the finish (peeling or corrosion). After cleaning the polished finishes, rinse thoroughly and wipe dry with soft cloth. Clean stainless steel surfaces at least once a week. When applying stainless steel cleaner or polish to stainless steel hardware, work with (not across) the grain. Never use an abrasive sponge or cloth, steel wool or wired brush as these may permanently scratch the surfaces.

NOTE: To maximize the life of your door, it is important to regularly inspect the glass and all hardware for misalignment, proper attachment, and/or damage. Contact DreamLine with any questions or concerns.

PRISM PLUS manual Ver 1 Rev 2 11/2016

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TEL: 866-731-2244 FAX: 866-857-3638 DREAMLINE.COM For more information on DreamLine® Shower Doors and Enclosures please visit DreamLine.com

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ESCAPE THE EVERYDAY

INSTALLATION AND OWNER'S MANUAL Please select your shower enclosure model, or shower enclosure style from the selection below for easy installation. ATTENTION: This door is extremely heavy and the hinges on this door must be attached to the studs or to preinstalled 2 X 6 wood reinforcement behind the wall.

Style A

Style B

Please carefully read these instructions before you begin to install the products. IMPORTANT: ASTON reserves the right to alter, modify or redesign products at any time without prior notice. For the latest up-to-date technical drawings, manuals or any other details, please refer to the www.astonbath.com EXHIBIT 3

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Before you start Thank you for purchasing your Aston shower door. We hope it will provide you with years of satisfying use and enjoyment. Please read this manual carefully because it contains information and instructions about the proper installation of the unit. If you do not follow certain conditions of installation and maintenance, your warranty may be affected. 1. Inspect boxes for shipping damage. If the product has been damaged, is missing parts, or has a finishing defect, please contact our customer support department within 5 business days of delivery date. 2. NOTE: You should consult your local building codes with questions on installation compliance standards. Plumbing and building codes vary by location. 3. Before installation, inspect installation surfaces or level and have to the strength to support the heavy weight of this shower door assembly. This Shower door should only be installed using the connection point to the studs or to pre-installed 2x6 wood reinforcements behind the wall. 4. This Shower Door assembly is very heavy. Professional installation is recommended for this shower door. Aston Shower door's feature: • Tempered safety glass • High quality hardware • STARCAST by Enduro Shield glass protection.

Certifications: All Aston Shower doors are 3rd party tested to meet the following US, Canadian and International Standards: • CPSC 16 CFR1201 II / ANSI Z97.1 - 2009 Class A • CSA B45 Series - 02

1

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Installation Guide Please read and follow the installation instructions and guidelines in this section. Failure to follow the recommended instructions and installation techniques may lead to possible damage to the unit or the surrounding area. This can affect warranty claims. ATTENTION: This unit requires assembly. A minimum of two people are required for assembly, as several of the sections can be large and unstable until assembled. You will need the following tools:

Caulk

Tape Measure

Pencil

Phillips Screwdriver

Caulk Gun

Level

Electric Drill

Drill bit (0 16")

Hammer

Razor Knife

Locate the accessory box and remove the individual screw and hardware packages. Lay them out in sequential order to aid in completing the rest of the installation.

2

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Detailed Diagrams of Shower Enclosure Components Diagram A

Diagram B

Diagram C

Diagram D

Hinged Stationary Glass Panel

Shower Door

Stationary Glass Panel with Top Brace

Stationary Glass Panel with Glass Shelves

1

3

4

3

4

12 10 13 11

14

12 imaiB/

15

12

16 \17117

17

Diagram A 01 04 05 16

Hinged Stationary glass panel Support bar Wall anchor Wall channel

06 07 08 17

1pc 1pc 5pcs 1pcs

M5 X 60 screw M4 X 60 screw Glass clamp One side seal

1pcs 4pcs 1pcs 1pcs

Diagram B 02 08 09

Glass door Handle Hinge

1pc 1pc 2pcs

10 11 12

Side strip seal (3 sections to cut) Bottom anti-water strip seal Magnetic strip seal

1pc 1pc 1pc

Diagram C 03 04 05 06

Stationary glass panel Support bar Wall anchor M5 X 60 screw

1pc 1pc 5pcs 1pc

07 08 12 16 17

M4 X60 screw Glass clamp Magnetic strip seal Wall channel One side seal

4pcs 1pcs 1pc 1pcs 1pcs

Diagram D 03 Stationary glass panel 05 Wall anchor 07 M4 X 60 screw 08 Glass clamp 16 Wall channel

1pc 8pcs 8pcs 1pcs 1pcs

12 13 14 15 17

3

Magnetic strip Glass shelf Shelf Bracket (with nut) Shelf Bracket (without nut) One side seal

1pc 2pcs 2pcs 4pcs 1pcs

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PLEASE NOTE: During unpacking carefully inspect all parts and identify all parts using detailed diagram in your manual as a reference. Before discarding the packaging check for any parts or small hardware bags that may have been overlooked.

STYLE A Shower enclosure with support bars Diagram A, Diagram B and Diagram C must be used for assembly Pages: 5-14

STYLE B Shower enclosure with glass shelves Diagram A, Diagram B and Diagram D must be used for assembly Pages: 5-13, 15

4

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Shower Enclosure Assembly and Installation (Style A and B) NOTE: Please use parts from Diagram "A" and Diagram "B" or "C" (depends on your model style) for the Shower enclosure assembly and installation. ATTENTION: A minimum of two people are required for the next assembly steps.

Style A

Style B

1. Measuring from the back corner in the shower, mark the shower wall for Stationary Glass Panels. Refer to the size of your model in the table below. VV

Model Number GLSD1022 + GLSP SEN96118 GLSD1022 + GLSP SEN96618 GLSD1025 + GLSP SEN96118 GLSD1025 + GLSP SEN96618 GLSD1028 + GLSP SEN96118 GLSD1028 + GLSP SEN96618 GLSD1025 + GLSP SEN96122 GLSD1025 + GLSP SEN96622 GLSD1028 + GLSP SEN96122 GLSD1028 + GLSP SEN96622

V

W1 / W2 33 %"/856mm 35 7/8"/911mm 38"/965mm 39 7/8"/1013mm

1

d0014h

li

000004 010104141% 00.000.00011114 000004440 00.000.00011111

42"/1067mm

See Fig.1 for details.

040 .°4

Note: This measurement is from the back corner in shower to the outside of Wall channel.

5

Figure 1

0

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This model is treated with Aston's STARCAST/Enduro Shield Glass technology. The Return glass panel and the Stationary glass panel for this product is treated on both sides of glass to allow this product to be installed for Left or Right hand door installations. 2. Remove pre-installed screws from pre-assembled Glass clamps (08). Align the Glass Clamps (08) with notches in the Hinged Stationary glass (01) and install Glass clamps (08) to Stationary glass (01). Noted: Smooth flat surface of Glass clamp (08) should be installed on outside of glass door.

0 J Figure 2

Insert the Hinged Stationary glass (01) into the Wall channel(16).

See Figure 2 for details.

3. Remove pre-installed screws from pre-assembled Glass clamps (08). Align the Glass Clamps (08) with notches in the Stationary glass (03) and install Glass clamps (08) to Stationary glass (03).

1>

Noted: Smooth flat surface of Glass clamp (08) should be installed on outside of glass door. Insert the Stationary glass (03) into the Wall channel(16). Figure 3

See Figure 3 for details.

6

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4. Carefully position the Stationary glass panels (01) and (03) against the shower wall aligning the outside edge of Stationary glass panels (01) and (03) with marked dimensions from earlier step. Check with level the plumb Stationary glass panels (01) and (03). Note: The Stationary glass panels (01) and (03) should be vertical and in plumb. Note: The unit shown in figure 4 illustration is showing a left hand hinge assembly. If you need a right hand hinge assembly install the Hinged stationary glass panel to the right side of shower opening. Figure 4

See Figure 4 for details.

5. Mark the position of the the Glass clamps (08) on the shower wall and shower floor from the inside shower.

inside

See Figure 5 for details. Figure 5

6. Carefully place the Stationary glass panels (01) and (03) aside. Remove the Glass clamps (08) from the Stationary glass panels (01) and (03). Next position and align the Glass clamps (08) with marked location on shower wall and shower floor. Mark the drill hole locations for mounting the Glass clamps (08) to shower wall and shower floor. See Figure 6 for details.

Figure 6 7

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7. Using the appropriate drill bit for your wall surface drill each hole location with a 5/16" diameter drill bit. Using the appropriate drill bit for your floor surface drill hole location with an 1/8" diameter drill bit for Aston shower base, use a 5/16" diameter drill bit for other surfaces and plastic wall anchor. See Figure 7 for details. NOTE: If your surface is prone to cracking or chipping then it is recommended that you pilot drill first using a smaller drill bit, and then step up to the final size.

Figure 7 8. Install the plastic Wall anchors (05) provided into the drilled holes on wall. See Figure 8 for detals.

Figure 8

9. Install the Wall channel (16) to shower wall using M4x60 screws.

Install the Glass clamp (08) to shower base using M4x60 screws.

See Figure 8 for detals.

Figure 9

8

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10. Place the Return glass panel (18) into the Wall channel (16) and install glass clamp (13) to Return glass panel (18). See Figure 10 for detals.

outside J

Figure 10

11.Install Wall channel seal (17) to Return glass panel (18). Spray soapy water on the glass near the Wall channel (10). Then insert the Wall channel seal (21) on the outside of Return glass panel as shown in figure (18). Start from the bottom of Wall channel and work your way up, any extra Wall channel seal remaining at top of Wall channel can be cut off with scissors. Taping the wall channel seal to the top of wall channel can be helpful during this process. See Figure 11 for detals.

9

1

outside

Figure 11

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12. Press the Magnetic strips (12) onto the vertical edge of the Glass Door (02) and Stationary Glass Panel (03). See Figure 12 for details.

Figure 12

13. Attach the Hinges (09) to the Hinged stationary glass (01), Smooth flat surface of Hinges (09) should be installed on outside of stationary glass (01).

1

r 12

Place a piece of flat timber (1/2" thick) on the threshold or shower base. Carefully position Glass door (02) on the flat timber and attach shower door to hinges. Level up the Glass door next to the Hinged stationary glass and fasten the hinges on the Glass door. If needed, adjust the position of the glass to make sure the Magnetic strips (12) are tight from top to bottom. See Figure 13 for details.

Figure 13

10

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

14. Marks on the Side Strip (10) at 8 16", 48 i" and 8 1".

Page 36 of 110 PageID 61

1

8 Y16 Carefully cut the seal at the appropriate marks, then install the individual seals on the approprate sections of glass door: • from the top edge of glass door to upper body of the top hinge: 8 i"

3

• from the lower body of upper hinge to the upper body of the bottom hinge: 48 g"

8 Y2"

• from the lower body of bottom hinge to i" above the shower base: 8 1"

Figure 14

Remove the timber plate, fully open the glass door and press the cut strips on the vertical edge of the glass door. See Figure 14 for details. 15. Measure the bottom of the Glass door (02) from the Side strip (10) to the vertical edge of Magnetic strip (12).

0

inside

Cut the Bottom anti-water strip (11) to the size of measurement and press onto bottom edge of glass door. outside

See Figure 15 for details.

Figure 15

16. Install the Handle (08) to the Glass Door (02) using the hardware provided.

z -El

( 4— 0

0 See Figure 16.

Inside

Outside 0 Alf Figure 16

11

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17. Position the Support bar (04) on the Hinged Stationary glass (01). Using a level, check support bar is level and mark the bracket's location on the shower wall. Remove the Support bar (04) from the Hinged Stationary glass (01) and detach the wall bracket. Position the wall bracket to the marked area on shower wall and mark the drilling location on shower wall.

05%6"

Drill the hole using 5/16" drill bit. If your surface is prone to cracking or chipping then is recommended that you pilot drill first using a smaller drill bit, and then step up to the final size. Insert the Wall anchor (05) and fasten the bracket to the wall with M5X60 screw (06).

Figure 17

Attach the Support bar (04) to the wall bracket and the Hinged Stationary Glass (01) (with gasket in place) and tighten the set screws to secure in place. See Figure 17 for detals.

18. Apply silicone sealant to edge of Stationary glasses (01)/(03) and shower wall, and Stationary glasses (01)/(03) and shower base. See Figure 18 for details.

Figure 18

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Please continue your installation: • •

Style A for Support bar installation. Style B for Glass shelves installation.

Glass Shelve installation mounting holes

J Style A

Style B

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

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Support Bar Assembly and Installation (Style A) NOTE: Please use parts from Diagram "C" for the Support Bar assembly and installation. 19. Position the Support bar (04) on the Stationary glass (03). Using a level, check support bar is level and mark the bracket's location on the shower wall. Remove the Support bar (04) from the Stationary glass (03) and detach the wall bracket. Position the wall bracket to the marked area on shower wall and mark the drilling location on shower wall.

0 ebiefuo

0 J

Drill the hole using 5/16" drill bit. If your surface is prone to cracking or chipping then is recommended that you pilot drill first using a smaller drill bit, and then step up to the final size.

0 Insert the Wall anchor (05) and fasten the bracket to the wall with M5X60 screw (06). Figure 19 Attach the Support bar (04) to the wall bracket and the Stationary Glass (03) (with gasket in place) and tighten the set screws to secure in place. See Figure 19 for detals.

14

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Glass Shelves Assembly and Installation (Style B) NOTE: Please use parts from Diagram "D" for the Glass Shelves assembly and installation. 19. Mark the hole locations on shower wall for attaching glass shelve brackets. Drill the holes using 5/16" drill bit. If your surface is prone to cracking or chipping then is recommended that you pilot drill first using a smaller drill bit, and then step up to the final size. Insert the Wall anchors (05). Attach the Shelf brackets (without nut) (15) to the wall using the M4x60 screws (07). Attach the Shelf brackets (with nut) (14) to the Stationary glass panel. Insert the Glass shelves (13) into the Shelf brackets and fasten the set screws at the bottom of the brackets. See Figure 19 for detals.

15

Figure 19

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Care and Maintenance As with any other luxury item, maintenance and care are critical to the long lasting quality and enjoyment of your shower door and tray. The proper care and maintenance outlined in this section are necessary to ensure the longevity of the unit. Damage caused by not following the care and maintenance guidelines in this section is not covered under the manufacturer's warranty. StarCast by EnduroShield makes your cleaning easier and less frequent; however it recommended that your continue to clean the surfaces regularly. Please see the Enduro Shield Care and Maintenance section for detailed maintenance requirements.

16

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ASTON GLOBAL INC.

Page 42 of 110 PageID 67

Limited Warranty

This warranty applies to products purchased from Aston Global Inc. after May 1, 2017. Aston Global Inc., a Texas Corporation ("Aston"), provides the following warranty coverage for shower doors and enclosures, bathtubs, shower panels and related components (The Products). Aston warrants that The Products shall be free from defects in material and workmanship from the date of the original sale of the product by Aston (the "limited warranty period"), subject to the following conditions. This warranty extends to the original owner/end-user only, in its original place of installation and is not transferable to subsequent owners. Aston reserves the right to modify this warranty at any time; however, modifications will not change the warranty provisions in effect at the time of sale of the products in question. This warranty applies only to products sold by Aston and purchased from an Aston-authorized dealer. Proof of purchase / original sales receipt from the original consumer purchase must be provided with all warranty claims. This limited warranty does not cover glass provided by others or outside fabrication provided by others, nor does it cover defects in material or workmanship caused by improper installation of the product; use of improper cleaning products or materials; or caused by accidents, owner or installer negligence, alterations, abuse or misuse. This limited warranty is limited to the repair and replacement of the defective product originally sold by Aston, or, at Aston's sole discretion, the payment to the original user of the original purchase price for the product paid to Aston. Aston is not responsible for the removal or reinstallation of a product requiring warranty service or the cost thereof. Shipping cost to replace product or parts covered by this warranty are the responsibility of the original user. Aston disclaims liability for special, incidental or consequential damages. ASTON'S LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE OF THE UNIT IN QUESTION. In order to make a warranty claim, the original user shall notify the Aston Customer Service Department within thirty (30) days of discovering the defect and/or problem. The original user can provide notice by calling Aston's Technical Service Department at (877)-424-9699, or by sending written notice to: 2805 Market Street, Suite 187, Garland, TX 75041, Attention: Customer Service Department. The notification shall specify the date the product was originally sold by Aston, the registration code, and the nature of the defect in material and/or workmanship. Based on such notification, Aston may request additional information from the original user to verify the claim. This warranty is extended to residential applications only. The warranty for commercial installations is one year. Aston products must be installed in accordance with Aston's installation instructions by a fully insured, licensed and skilled professional. Installation of The Products by anyone other than a fully insured licensed professional shall void the warranty. Aston recommends that licensed and skilled professionals have experience installing bathroom products, specifically shower and tub doors. Installation by an unlicensed or inexperienced installer may result in damage and/or breakage to the Products and may cause personal injury.

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PARTS ONLY WARRANTY This warranty is extensive in that it covers replacement of all defects. LABOR CHARGES AND/OR DAMAGE INCURRED DURING INSTALLATION, REPAIR, OR REPLACEMENT, AS WELL AS ANY OTHER KIND OF ANCILLARY COST, LOSS OR DAMAGE ARE EXCLUDED. COMMERCIAL USE AND OTHER EXCLUSIONS This warranty excludes all industrial, commercial and business usage. The warranty period for products installed for commercial applications or used in commercial ventures, including but not limited to motels, hotels, casinos, student housing, condos, apartments, and fitness centers, is a one (1) year limited warranty from the date of purchase for shower doors, bathtub doors, shower enclosures, shower bases, and backwalls, with all other terms of this warranty applying except the duration of the warranty. Aston hereby disclaims all warranties for products sold as dealer or store displays.

WARRANTY TERMS Aston will, at its election, repair or replace the product found by Aston in its sole judgment, to be defective within the warranty period under normal residential use and maintenance. The replacement of a product is limited to supplying a replacement product or part (same as existing or if not available, comparable product). Aston's warranty obligation shall be discharged upon tender of parts, replacement or repair of the product. Purchaser's refusal to accept the tender terminates all warranty obligations and VOIDS THE WARRANTY. Cost of freight for returning products to Aston for repairs or replacement under this limited warranty is the responsibility of the customer. Cost of freight associated with shipping of replacement product(s) or parts covered by this warranty is the responsibility of the original user. Any product replaced or repaired during the warranty period will be covered only for the remaining period of the original warranty. In no event will Aston be liable for costs of repair or replacement of any installation material, including but not limited to tile, marble, etc. ASTON IS NOT RESPONSIBLE FOR INSTALLATION, REMOVAL OR REINSTALLATION COSTS OF ANY PRODUCT REQUIRING WARRANTY SERVICES. Any modification or alteration of any Aston products will void the warranty. Neither the authorized Aston dealer, nor any other person is permitted to make any affirmation, representation, or warranty other than those contained in this warranty. Any affirmation, representation, or warranty other than those contained in this warranty shall not be enforceable against Aston or any other person.

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Aston product installations and repairs must be performed by either an Aston authorized agent or a licensed, insured and experienced professional contractor - installation or repairs performed by any other party shall void the warranty. This warranty shall not apply to breakage or damages caused by normal wear and tear, fault, carelessness, abuse, misuse, misapplication, improper maintenance, alteration or modification of the unit, as well as chemical or natural corrosion, accident, fire, flood, act of God or any other casualty. Improper care and cleaning will void the warranty. Use of cleaners containing abrasive cleansers, ammonia, bleach, acids, waxes, alcohol, solvents or other products not recommended for hardware finishes, glass or acrylic as they may damage the metal or glass finish of your shower door or shower enclosure and will void the warranty. For additional product maintenance instructions please refer to the product installation manual. Aston is not responsible for any issues arising in connection with errors or omissions in information provided on Aston or dealers' websites. This warranty does not extend to any non-Aston plumbing or components installed by installers, end users or by any party other than Aston. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ASTON DISCLAIMS ALL LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ASTON IS NOT LIABLE FOR PERSONAL INJURIES OR DEATH TO ANY PERSON OR FOR ANY DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS OF USE, LOSS OF TIME, LOSS OF PROFITS, INCONVENIENCE, INCIDENTAL EXPENSES, LABOR OR MATERIAL CHARGES, OR ANY OTHER COSTS RESULTING FROM THE USE OF ITS PRODUCTS OR PERTAINING TO THE APPLICATION OF THE PRESENT WARRANTY, OR RESULTING FROM THE REMOVAL OR REPLACEMENT OF ANY PRODUCT OR ELEMENT OR PART COVERED BY THIS WARRANTY. PRODUCT WARRANTY PERIODS The laws and regulations that govern the installation and use of shower or tub doors, shower enclosures and shower bases vary widely by region, state or municipality. Except as otherwise provided above, Aston makes no warranties, expressed or implied, including warranties of merchantability and fitness for a particular purpose or compliance with any code. Aston is not responsible for verifying building code restrictions on installation or use and any such compliance is excluded from this warranty. Aston reserves the right to modify this warranty at any time. Such warranty modifications will not alter the warranty applicable at the time of sale of the products in question.

The warranty terms for specific products are listed on the pages that follow.

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Page 45 of 110 PageID 70

RESIDENTIAL INSTALLATIONS SHOWER DOORS and ENCLOSURES GLASS: Limited Lifetime Aston warrants the glass of shower doors, tub doors and shower enclosures to be free from defects in workmanship and materials under normal residential use for the life of the product. StarCast Protective Coating by EnduroShield: Ten (10) Years, provided by PCT Global LLC. For shower doors treated with StarCast protective coating, warranty coverage is provided by its maker, PCT Global LLC. Please register directly with EnduroShield online at

HARDWARE: Limited Lifetime Aston warrants shower door, tub door and shower enclosure hardware (i.e. handles, rollers, hinges, profiles, clips, guides, brackets, towel and support bars) in Polished Chrome and Brushed Stainless Steel finishes to be free from defects in workmanship and materials under normal residential use for life of the product. The warranty for any part in Oil-rubbed Bronze finish shall be limited to one (1) year. SHOWER BASES: Lifetime Limited Aston warrants shower bases to be free from defects in workmanship and materials under normal residential use for the life of the product. SEALS, SWEEPS, VINYL COMPONENTS: One (1) Year Warranty for plastic seal strips, sweeps or any other vinyl components shall be limited to one (1) year. * Aston does not warrant glass for scratches, chips, water spots, breaking or any other damage after installation. FREESTANDING TUBS TUB SHELL and FRAME: Ten Years Aston warrants the Tub Shell and Frame to be free from defects in workmanship and materials under normal residential use for ten (10) years. This warranty NOT does cover damage or failure caused by improper handling, modification of any type, improper installation, misuse, lack of proper routine maintenance, the use of improper cleaners or abrasives, accidents or acts of God, nor does it apply to the effects of normal wear and tear. Alteration, customization or modification of the tub, any accessory or any other part voids this warranty.

20

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Page 46 of 110 PageID 71

DRAIN, OVERFLOW AND ACCESSORIES: Limited Lifetime Aston warrants the freestanding tub Drain, Overflow and Accessories in Polished Chrome and Brushed Stainless Steel finishes to be free from defects in workmanship and materials under normal residential use for two (2) years. The warranty for any part in Oil-rubbed Bronze finish shall be limited to one (1) year. WALK IN TUBS TUB SHELL: Three (3) Years Aston warrants the Walk In Tub Shell to be free from defects in workmanship and materials under normal residential use for three (3) years. This warranty does NOT cover damage or failure caused by improper handling, modification of any type, improper installation, misuse, lack of proper routine maintenance, the use of improper cleaners or abrasives, accidents or acts of God, nor does it apply to the effects of normal wear and tear. Alteration, customization or modification of the tub, any accessory or any other part voids this warranty.

DOOR SEAL: Three (3) Years Aston warrants Walk In Tub Door Seal to be free from defects in workmanship and materials under normal residential use for three years. COMPONENTS and PARTS: Three (3) Years Aston warrants Walk In Tub Components and Parts to be free from defects in workmanship and materials under normal residential use for three (3) years. Components means only the waste & overflow fittings, controls, faucets, plated finishes, jets, pumps, water lines and connectors supplied by Aston and do not include materials supplied by the dealer from whom you purchased the tub or from the installer of the tub. SHOWER PANELS: One (1) Year Aston warrants shower panels to be free from defects in workmanship and materials under normal residential use for a period of one (1) year from the initial date of purchase. STEAM SHOWERS: Three (3) Years Aston warrants steam showers panels to be free from defects in workmanship and materials under normal residential use for a period of three (3) years from the initial date of purchase. COMMERCIAL INSTALLATIONS SHOWER DOORS and ENCLOSURES A: One (1) Year Aston warrants the glass of shower doors, tub doors and shower enclosures to be free from defects in workmanship and materials under normal commercial use for one (1).

21

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Page 47 of 110 PageID 72

HARDWARE: One (1) Year Aston warrants shower door, tub door and shower enclosure hardware (i.e. handles, rollers, hinges, profiles, clips, guides, brackets, towel and support bars) to be free from defects in workmanship and materials under normal commercial use for one (1) year. SHOWER BASES: One (1) Year Aston warrants shower bases to be free from defects in workmanship and materials under normal commercial use for one (1) year. SEALS, SWEEPS, VINYL COMPONENTS: One (1) Year Warranty for plastic seal strips, sweeps or any other vinyl components shall be limited to one (1) year. * Aston does not warrant glass for scratches, chips, water spots, breaking or any other damage after installation. FREESTANDING TUBS TUB SHELL and FRAME: One (1) Year Aston warrants the Tub Shell and Frame to be free from defects in workmanship and materials under normal commercial use for the one (1) year. This warranty does NOT cover damage or failure caused by improper handling, modification of any type, improper installation, misuse, lack of proper routine maintenance, the use of improper cleaners or abrasives, accidents or acts of God, nor does it apply to the effects of normal wear and tear. Alteration, customization or modification of the tub, any accessory or any other part voids this warranty. DRAIN, OVERFLOW AND ACCESSORIES: One (1) Year Aston warrants the freestanding tub Drain, Overflow and Accessories in Polished Chrome, Brushed Stainless Steel and Oil Rubbed Bronze finishes to be free from defects in workmanship and materials under normal commercial use for one (1) year. WALK IN TUBS TUB SHELL: One (1) Year Aston warrants the Walk In Tub Shell to be free from defects in workmanship and materials under normal commercial use for one (1) year. DOOR SEAL: One (1) Year Aston warrants Walk In Tub Door Seal to be free from defects in workmanship and materials under normal commercial use for one (1) year. COMPONENTS and PARTS: One (1) Year Aston warrants Walk In Tub Components and Parts to be free from defects in workmanship and materials under normal commercial use for one (1) year.

22

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Page 48 of 110 PageID 73

SHOWER PANELS: One (1) Year Aston warrants shower panels to be free from defects in workmanship and materials under normal commercial use for a period of one (1) year from the initial date of purchase. STEAM SHOWERS: One (1) Year Aston warrants steam showers panels to be free from defects in workmanship and materials under normal commercial use for a period of one (1) year from the initial date of purchase. STATE LAWS AND THIS WARRANTY Laws and regulations governing the installation, design and installation the products in construction applications vary widely. Aston does not have any control over and disclaims all responsibility and liability for selection, configuration, installation and operation of the products. The obligation of Aston to provide coverage under this limited warranty is expressly subject to the condition that the original user activates the warranty within 30 days of purchase by registering on-line or calling 1 (877) 424-9699. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion of incidental damages may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from state to state. SOLE REMEDY / LIMITATION OF DAMAGES: THE REMEDY PROVIDED ABOVE UNDER "SCOPE OF COVERAGE" IS CUSTOMER'S EXCLUSIVE REMEDY FOR ANY DEFECT OR MALFUNCTION OF THE PRODUCT. To the fullest extent allowed by law, SANIJET disclaims and excludes liability for consequential and incidental damages including, but not limited to, loss of use, lost rentals, lost profits, loss of business reputation, out of pocket expenses, damage to property other than the warranted product, mental anguish and punitive damages. Some states limit or do not allow the exclusion or limitation of incidental or consequential damages, so some or all of these limitations may not apply to you. STATE LAW RIGHTS: This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. THE DURATION OF ANY IMPLIED WARRANTIES UNDER STATE LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL NOT EXTEND BEYOND THE WARRANTY PERIOD DESCRIBED ABOVE. Some states do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.

23

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

Page 49 of 110 PageID 74

ASTerN ESCAPE THE EVERYDAY

Customer Service 877-424-9699 Aston Global Inc 2805 Market Street, Suite 187 Garland, TX. 75041 If further assistance is needed, or you have a question, please visit our web site at: vvww.astonbath.com

D OLOMITAT A TI MIKLU UN TIKAI

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

Page 50 of 110 PageID 75

USOOD816818S

(12) Lieb United States Design Patent (10 ) Patent No.: et al.

US D816 ,818 S

(45) Date of Patent: * * May 1, 2018

n

(54 ) SHOWER DOOR AND PANEL

(71 ) Applicant: Bath Authority LLC , Warminster, PA (US )

(72 ) Inventors: Brian Lieb , Philadelphia, PA (US); Valery Shtraks, Feasterville , PA (US); Vadym Mironchuk , Philadelphia , PA

(US ); MichaelMinkovich , Richboro ,

PA (US) (73 ) Assignee : BATH AUTHORITY LLC , Warminster, PA (US )

(* *) Term :

D405, 547 S *

2/ 1999 Dobija ............

D444 , 866 S *

7 /2001 Paredes .......... .

D495 ,063 D582, 566 D586 , 475 D779 ,682

S S S S

* 8 /2004 * 12 / 2008 * 2 / 2009 * 2 / 2017

Barnard Colston Maher Walsh .....

D25 / 138

D23 /305 D25 / 103 D25 /48 . 3 D25 /48 .3 . . . . . . . . . . D25 / 103

OTHER PUBLICATIONS Photo on p . 1 of Prance ( R ) double door: https://www .alibaba.com / product - detail/Modern -house - aluminium - glass-door grill_ 60517615516 .html Jan . 23 , 2018 12 : 49 : 39 PM ] Jan . 18 , 2018 ( Year: 2018 ).*

* cited by examiner

15 Years

Primary Examiner - Robert A Delehanty

(21) Appl . No.: 297627,575 ( 22 ) Filed : Nov . 28 , 2017 (51) LOC (11) CI. ....

23 -02

(52 ) U . S . CI. USPC ........................ ................. D23/ 305 ; D25 / 103

(58) Field of Classification Search USPC ...... D23/275 , 283 , 303 – 305 ; D25 /48. 3 , 103 , D25 / 106 , 109 – 110

See application file for complete search history. References Cited (56 ) U . S . PATENT DOCUMENTS

3 ,180 ,780 A * 4 / 1965 Ritter ....................... E04B 2 /90 428/ 180 D337, 834 S * 7 / 1993 Kearns ......................... D25 / 138

IL -

VVOV rest EXHIBIT 4

(74 ) Attorney , Agent, or Firm — Fox Rothschild LLP CLAIM (57 ) The ornamental design for a shower door and panel , as shown and described . DESCRIPTION FIG . 1 is a perspective view of the shower door and panel

showing our new design ; FIG . 2 is a front elevation view thereof; FIG . 3 is a rear elevation view thereof; FIG . 4 is a left-side elevation view thereof; FIG . 5 is a right- side elevation view thereof; FIG . 6 is a top plan view thereof; and , FIG . 7 is a bottom plan view thereof. In the drawings , the broken lines shown in FIGS. 1 - 7

indicate portions of the article not claimed and form no part of the claimed design .

1 Claim , 5 Drawing Sheets

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

U . S . Patent

May 1, 2018

Sheet 1 of 5

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Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

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Fox Rothschild LLP ATTORNEYS AT LAW

Christopher R. Kinkade Direct Dial: 609.844.3023 Email Address: [email protected]

Princeton Pike Corporate Center 997 Lenox Drive, Building 3 Lawrenceville, NJ 08648-2311 Tel 609.896.3600 Fax 609.896.1469 www.foxrothschild.com

March 11, 2019 VIA FEDEX AND EMAIL Ocaplanastonbath.com) Aston Global, Inc. Attn: Richard Caplan, Director of Marketing 2805 Market Street, Suite 187 Garland, TX 75041 Re:

Infringement of Bath Authority, LLC's Intellectual Property

Dear Mr. Caplan: We are legal counsel for Bath Authority, LLC d/b/a DreamLine ("Bath Authority") of Warminster, Pennsylvania. As you know, Bath Authority is a well-known manufacturer and distributor of premium shower doors, shower panels and other shower-related products. Bath Authority protects its innovative and original product designs with patents, trademarks, and other intellectual property rights. Among its intellectual property portfolio, Bath Authority is the owner of D816,818, titled "Shower Door and Panel" ("the '818 patent") and D816,814, titled "Glass Door Panel of Shower Enclosure" ("the '814 patent"), copies of which are enclosed as Exhibits A and B respectively. Bath Authority also owns federally registered and common law trademarks for its "French" line of shower doors and shower enclosures. In particular, Bath Authority owns U.S. Registration No. 5,145,377 for the mark FRENCH CORNER for "bathtub enclosures; shower doors; shower enclosures." Bath Authority additionally has common law rights in the marks French Linea Avignon, French Linea Rhone, and French Linea Toulon, each named after a city or river in France. It has come to our attention that Aston Global, Inc. ("Aston") is manufacturing, importing, offering for sale, and/or selling shower doors and panels that fall within the scope of the claims of the '818 and '814 patent. Moreover, these products are all advertised as a "French" line of shower doors and shower enclosures on the website of Home Depot as listed below. See, e.g., French Brienne 63.25 in. to 64.25 in. x 72 in. Frameless Hinged Shower Door in Matte Black, available at https://www.homedepot.com/p/Aston-French-Brienne-63-25-in-to-64-25-inx-72-in-Frameless-Hinged-Shower-Door-in-Matte-Black-SDR965WFEZ-MB-64-10/308165666

A Pennsylvania Limited Liability Partnership

EXHIBIT 5

California Colorado Delaware District of Columbia Florida Georgia Illinois Minnesota Nevada New Jersey New York North Carolina Pennsylvania South Carolina Texas Washington

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19 57Director of 110 ofPageID 82 RichardPage Caplan, Marketing Aston Global Inc. Fox Rothschild LLP March 11, 2019 ATTORNEYS AT LAW Page 2 (last visited March 7, 2019). In addition to copying Bath Authority's patented designs and selecting confusingly similar product names, Aston has mimicked the product design of Bath Authority's unique products, imprinting a mullion pattern on the glass panels, increasing the confusion to consumers. At least the following Aston products infringe the '818 and '814 patents and Bath Authority's federal and common law trademark rights in its "French" family of marks: "French Brienne" (Model # SDR965WFEZ) (See enclosed Exhibit C) "French Vienne" (Model# SEN984WFEZ) (See enclosed Exhibit D) "French Vienne" (Model# SDR984WFEZ) (See enclosed Exhibit E) "French Vienne" (Model# TDR984WFEZ) (See enclosed Exhibit F) "French Durance" (Model# SDR996WFEZ) (See enclosed Exhibit G) "French Mayenne" (Model# SDR997WFEZ) (See enclosed Exhibit H) We note that each of the above names also corresponds to a city or river in France, which is further indicative of Aston's willful copying of Bath Authority's intellectual property. In addition to the products listed above, all other products of Aston that fall within the scope of the '818 patent or the '814 patent are also infringing. Likewise, any other shower enclosures sold under the "French" product line also infringe Bath Authority's trademark rights. Bath Authority values its intellectual property rights and must take action to enforce them. This letter serves to put you on notice of such infringement and demand that Aston, and any others acting in concert with Aston, immediately and permanently cease and desist all infringing activities and compensate Bath Authority for Aston's past infringement. The claim of the '818 patent claims "[t]he ornamental design for a shower door and panel, as shown and described" in the following figures.

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19 58Director of 110 ofPageID 83 Marketing Richard Page Caplan, Aston Global Inc. Fox Rothschild LAP March 11, 2019 ATTORNEYS AT LAW Page 3

FIG 1. of the '818 Patent

Aston French Brienne

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19 59Director of 110 ofPageID 84 Marketing Richard Page Caplan, Aston Global Inc. Fox Rothschild LLP March 11, 2019 ATTORNEYS AT LAW Page 4 The "814 patent claims "[t]he ornamental design for a glass shower panel of [a] shower enclosure, as shown and described" in the following figure.

FIG, 1

FIG. 1 of the '814 Patent

Aston French Durance

Aston's activities constitute patent infringement pursuant to 35 U.S.C. § 271, which prohibits making, using, selling, or offering for sale in the United States, or importing into the United States, any patented design without authority. Aston is liable for direct infringement under 35 U.S.C. § 271(a) due to its sale of the above listed to customers. To the extent Aston is instructing others to manufacture, sell, offer for sale, use, or import the above listed products with snap-fit enclosures, Aston is liable for inducing or contributory infringement under 35 U.S.C. § 271(b). Furthermore, Aston's use of the "French" name is an act of trademark infringement of Bath Authority's federal and common law rights under 15 U.S.C. §§ 1114 and 1125(a), as it is likely to cause confusion, mistake, or deception as to source, sponsorship, or

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19 60Director of 110 ofPageID 85 Marketing RichardPage Caplan, Aston Global Inc. Fox Rothschild ALP March 11, 2019 ATTORNEYS AT LAW Page 5 affiliation of Aston's infringing shower enclosures with Bath Authority's well-known line of shower enclosures. Indeed, both companies are selling these directly competitive products in the same channels, such as Home Depot. Aston's actions also constitute unfair competition and false designation of origin under 15 U.S.C. § 1125(a). In addition to an injunction being entered against Aston, other remedies available to Bath Authority include, but are not limited to, actual damages and disgorgement of any revenue Aston has obtained from its infringing acts. Bath Authority embraces innovation and competition in the industry. However, Bath Authority must object to competition that is unfair or that infringes upon Bath Authority's proprietary intellectual property rights. Nevertheless, Bath Authority is in the business of selling innovative, creative, and attractive shower door products, not litigation, which is why Bath Authority is hopeful that Aston will respect Bath Authority's patent rights and agree to permanently cease and desist making, using, selling, offering for sale, or importing in the United States all products that fall within the scope of the '818 or '814 patent, and permanently cease and desist using "French" as a name for any of Aston's lines of shower enclosures. If Aston does not agree to Bath Authority's terms and conditions set forth below, Bath Authority intends to file a lawsuit in United States District Court, seeking a preliminary and permanent injunction to enjoin Aston's infringing activities pursuant to 35 U.S.C. § 283, along with all available damages due to Aston's infringement. Furthermore, if Bath Authority is forced to file such an action, Bath Authority will avail itself of all available legal and equitable remedies, including monetary damages and attorneys' fees pursuant to 35 U.S.C. §§ 284-285. To the extent Aston continues to sell the infringing products in view of this notice, please be advised that such activity may constitute willful infringement and may subject Aston to enhanced damages. Please respond to the undersigned, or have your legal counsel do so, by March 18, 2019, confirming that Aston agrees to undertake each of the following actions: 1. Immediately and permanently cease and desist from making, using, selling, offering for sale, and importing all shower enclosures that fall within the scope of one or more claims of the '818 and '814 patents, specifically including all products listed above; 2. Immediately and permanently cease and desist using the designation "French" as the name of a line of shower enclosures, including but not limited to updating all marketing materials, product manuals, and product packaging and requesting all of Aston's suppliers, distributors, resellers, and retailers to do the same; 3. Provide a full accounting of all shower enclosures that fall within the scope of one or more claims of the '818 and '814 patents, specifically including all products listed above and all products under Aston's "French" line of shower enclosures that Aston has made, used, sold, or offered for sale in the United States or imported into the United States; 4. Identify all third-party retailers and resellers to which Aston has sold or supplied the above listed products; and

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19 61Director of 110 ofPageID 86 Richard Page Caplan, Marketing Aston Global Inc. Fox Rothschild ALP March 11, 2019 ATTORNEYS AT LAW Page 6

5. Identify Aston source(s) of the above listed products and all import records and import codes relating to same. In the event that Aston fails or refuses to comply fully with this demand, please be advised that our client will take all lawful steps that it deems necessary to protect its intellectual property. Bath Authority submits the foregoing without prejudice to any of its rights and remedies, all of which are expressly reserved. Sincerely yours,

Christopher R. Kinkade CRK:rnm Enclosures

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

Exhibit A

Page 62 of 110 PageID 87

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

Page 63 of 110 PageID 88

11111111111111111111111111111j!1 61111111,11111111111111111 (12)

United States Design Patent (10) Patent No.: (45) Date of Patent:

Lieb et al. (54)

SHOWER DOOR AND PANEL

(71)

Applicant: Bath Authority LLC, Warminster, PA (US)

(72)

Inventors: Brian Lieb, Philadelphia, PA (US); Valery Shtraks, Feasterville, PA (US); Vadym Mironchuk, Philadelphia, PA (US); Michael Minkovich, Richboro, PA (US)

(73)

Assignee: BATH AUTHORITY LLC, Warminster, PA (US) Term:

(21)

Appl. No.: 29/627,575

(22)

Filed:

(51) (52)

23-02 LOC (11) Cl. U.S. Cl. D23/305; D25/103 USPC Field of Classification Search D23/275, 283, 303-305; D25/48.3, 103, USPC D25/106, 109-110 See application file for complete search history.

15 Years

References Cited U.S. PATENT DOCUMENTS 3,180,780 A *

4/1965 Ritter

D337,834 S *

7/1993 Kearns

* 2/1999 Dobija * 7/2001 Paredes * 8/2004 Barnard ,.................. * 12/2008 Colston * 2/2009 Maher * 2/2017 Walsh

D25/138 D23/305 D25/103 D25/48.3 D25/48.3 D25/103

OTHER PUBLICATIONS Photo on p. 1 of Prance (R) double door: https://www.alibaba.com/ product-detail/Modem-house-aluminium-glass-doorgrill_60517615516,html[Jan. 23, 2018 12:49:39 PM] Jan. 18, 2018 (Year:, 2018).*

Primary Examiner — Robert A Delehanty (74) Attorney, Agent, or Firm — Fox Rothschild LLP

Nov. 28, 2017

(56)

S S 5 S S S

* cited by examiner

(**)

(58)

D405,547 D444,866 D495,063 D582,566 D586,475 D779,682

US D816,818 S ** May 1, 2018

E04B 2/90 428/180 D25/138

CLAIM (57) The ornamental design for a shower door and panel, as shown and described. DESCRIPTION FIG. 1 is a perspective view of the shower door and panel showing our new design; PEG. 2 is a front elevation view thereof; FIG. 3 is a rear elevation view thereof; FIG. 4 is a left-side elevation view thereof; FIG. 5 is a right-side elevation view thereof; FIG. 6 is a top plan view thereof; and, FIG. 7 is a bottom plan view thereof. In the drawings, the broken lines shown in P1(15. 1-7 indicate pm-nous of the article not claimed and form no part of the claimed design. 1 Claim, 5 Drawing Sheets

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

U.S. Patent

May 1, 2018

Sheet 1 of 5

Page 64 of 110 PageID 89

-US D816,818 S

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

U.S. Patent

May 1, 2018

Sheet 2 of 5

FIG. 2

Page 65 of 110 PageID 90

US D816,818 S

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

U.S. Patent

May 1, 2018

Sheet 3 of 5

FIG. 3

Page 66 of 110 PageID 91

US D816,818 S

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

U.S. Patent

May 1, 2018

Sheet 4 of 5

Page 67 of 110 PageID 92

US D816,818 S

ITS

pis

L.

FIG, 4

FIG, 5

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

U.S. Patent

May 1, 2018

Sheet 5 of 5

FIG. 6

.11

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FIG. 7

Page 68 of 110 PageID 93

US D816,818 S

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

Exhibit B

Page 69 of 110 PageID 94

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

Page 70 of 110 PageID 95

11111111111111111111111111tIll oR0611111 4111111111111111111111111111

(12)

United States Design Patent (10) Patent No.: (45) Date of Patent:

Shtraks et al.

D337,834 D405,547 D495,063 D582,565 D586,475 D692,584 D779,682

S S S S S S S

US D816,814 S ** May 1, 2018

* 7/1993 Kearns * 2/1999 Dobija .,. , , * 8/2004 Barnard * 12/2008 Colston * 2/2009 Maher * 10/2013 Walsh * 2/2017 Walsh

D25/138 D25/138 D25/103 D25/48.3 D25/48.3 D25/103 D25/103

(54)

GLASS SHOWER PANEL OF SHOWER ENCLOSURE

(71)

Applicant: Bath Authority LLC, Warminster, PA (US)

(72)

Inventors: Valery Slitraks, Feasterville, PA (US); Brian Lieb, Philadelphia, PA (US); Michael Minkovich, Richboro, PA (US); Vadym Mironchuk, Southampton, PA (US); Patrick Van Kirk, Philadelphia, PA (US)

Primary Examiner — Robert A Delehanty (74) Attorney, Agent, or Firm — Fox Rothschild LLP

Assignee: BATH AUTHORITY LLC, Warminster, PA (US)

(57)

(73) (**)

Term:

(21)

Appl. No.: 29/601,938

(22) (51) (52)

Filed: Apr. 27, 2017 23-02 LOC (11) Cl. U.S. CI. D23/305; D25/103 USPC Field of Classification Search USPC D23/275, 283, 303-305; D25/48.3, 103, D25/106, 109-110 See application file for complete search history.

(58)

15 Years

U.S. PATENT DOCUMENTS D68,086 S 3,180,780 A *

9/1925 Brown 4/1965 Ritter

CLAIM

The ornamental design for a glass sho7er panel of shower enclosure, as shown and described.

References Cited

(56)

* cited by examiner

D25/103 E04B 2/90 428/180

DESCRIPTION FIG. 1 is a perspective view of the glass shower panel of shower enclosure showing our new design; FIG. 2 is a top plan view thereof; FIG. 3 is a front elevation view thereof; FIG. 4 is a left-side elevation view thereof; FIG. 5 is right-side elevation view thereof; FIG. 6 is a rear elevation view thereof; and, FIG. 7 is a bottom plan view thereof, 1 Claim, 3 Drawing Sheets

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

U.S. Patent

May 1, 2018

FIG, 1

Sheet 1 of 3

Page 71 of 110 PageID 96

US D816,814 S

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

U.S. Patent

May 1, 2018

Sheet 2 of 3

Page 72 of 110 PageID 97

US D816,814 S

FIG. 2 FIG, 4 FIG. 3

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

U.S. Patent

FIG. 5

May 1, 2018

Sheet 3 of 3

Page 73 of 110 PageID 98

US D816,814 S

FIG. 6

FIG. 7

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

Exhibit C

Page 74 of 110 PageID 99

Aston Brienne 63.25 in.Document to 64.25 in.1-1 x 72 in. Frameless HingedPage Shower in... PageID Page 1100 of 4 CaseFrench 3:19-cv-00762-G Filed 03/27/19 75Door of 110

Home /

Bath

/ Showers

Model II 6DR9650/FEZ- MB•64.10

Shower Cools

/ Alcove Shower Doors

Internet 4308165666

-41 0

1

1

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Priut

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Aston

French Brienne 63.25 in. to 64.25 in. x 72 in. Frameless Hinged Shower Door in Matte Black Write the first Review

Ask the first gue io

• French industrial design with block press mullion glass screening • StarCast by Enduroshield water and stain resistant glass coating • Up to 1 in. adjustment for out-of-plumb (uneven) walls

$75804

Quantity

494 se:6:182.52 (20%)

1

}

+

Not in Your Store - We'll Ship It There

We'll Deliver It to You

Add to Cart

Add to Cart

We'll send it to Bustleton Ave for free pickup

Standard Delivery

Available for pickup March 18 - March 21

Expect it March 19 - March 26

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Were unable to ship this item to: Or buy now with

AK, GU, HI, PR, VI

Easy returns in store and online Learn about our return policy

https://www.homedepot.com/p/Aston-French-Brienne-63-25-in-to-64-25-in-x-72-in-Framel... 3/7/2019

of 4 Page 2101 in... PageID x 72 in. Frameless HingedPage Shower Aston French Brienne 63.25 in.Document to 64.25 in. 1-1 Case 3:19-cv-00762-G Filed 03/27/19 76Door of 110

Product Overview Provide your bathroom a custom-style, Bohemian inspired look with the beautiful Brienne French-Style Frameless Alcove Hinged Shower Door. The Briennes Blockpress mullion design projects a bold matte black pattern with a fluid, frameless presence. Comprised of premium, thick 3/8 in. (10 mm) tempered clear glass, its slimline wall channel provides a generous 1-inch of adjustability for out of plumb, ensuring a water tight fil in your existing shower alcove. This model includes Astons professionally applied StarCast protective glass coating, which delivers lasting clarity and easy, low maintenance care. Its designed for either right or left hand installation. With a multitude of available sizes ready-to-install (72 in,

U

height), the Marais French-Style Frameless Alcove Shower Door will instantly convey a sophisticated, luxurious showering experience in your home.

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• Configuration: 1 fixed glass panel and 1 hinged panel • Custom-style 3/8 in. (10 mm) premium tempered clear glass • Matte black finish hardware with block press mullion glass screening provides a frameless aesthetic with a desirable French industrial design • Astons StarCast by EnduroShield professionally applied superior protective interior glass coating • Slimline wall channel and bottom rail allows for 1 in. out-of-plumb adjustment and secure installation • Designed for either right or left hand installation • All reference measurements should be based on a finished tiled opening • Wall studs or similar reinforcement required for door installation • Shower base not included with this product • Professional installation recommended • 1-year limited warranty • California residents see Prop 65 WARNINGS I

Info & Guides • Instructions r Assembly

I You will need Adobe® Acrobat® Reader to view PDF documents. Download a free copy from the Adobe Web site.

Specifications Dimensions Door Glass Thickness (in.) 3/8" Fits Finished Width (in.) 64 Installation Width 63,25 in. - 64.25 in. Product Height (in,) 72. Walk Through Opening Height (in) 72 Walk Through Opening Width (in,) 29.625 in. - 30,625 in,

https://www.homedepot.com/p/Aston-French-Brienne-63725-in-to-64-25-in-x-72-in-Framel. . . 3/7/2019

of 4 in... PageID Page 3102 HingedPage Shower Frameless to 64.25 in. 1-1 x 72 in. Brienne 63.25 in.Document Aston French Case 3:19-cv-00762-G Filed 03/27/19 77Door of 110

Details Door Type Pivoul-unged Features No Additional Features Frame Finish Matte Brack Frame Typo Frameless Frame/Hardware Finish Family Black Glass Finish Greer Glass Style Clear Glass Style Clear Handle Finish Black Handle Type Bar Included No Addliionel Items Included Max Installed Width (in.) 64,25 Product Weight (lb.) 1651b Returnable 90-Day

Warranty / Certifications Certifications and Listings No Certifications or Listings Manufacturer Warranty 1-year Limited Warranty

How can we improve our product ,nformalion? Provide feedback.

https://www.homedepot.com/p/Aston-French-Brienne-63-25-in-to-64-25-in-x-72-in-Framel... 3/7/2019

Aston Brienne 63.25 in.Document of 4 to 64.25 in. 1-1 x 72 in. HingedPage Shower in... PageID Page 4103 Frameless CaseFrench 3:19-cv-00762-G Filed 03/27/19 78Door of 110

03

https://www.homedepot.com/p/Aston-French-Brienne-63-25-in-to-64-25-in-x-72-in-Framel... 3/7/2019

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

Exhibit D

Page 79 of 110 PageID 104

Aston Vienne 56 in. to Document Sho...PageID Page 1105 of 4 60 in. x 33.875 x 76 in.03/27/19 Frameless Sliding Corner CaseFrench 3:19-cv-00762-G 1-1in. Filed Page 80 of 110

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Aston

French Vienne 56 in. to 60 in. x 33.875 in. x 76 in. Frameless Sliding Corner Shower Door in Matte Black, Left Opening Write the first Review

Questions & Answers (1)

• Home Depot exclusive collection • French industrial design with block press mullion glass screening • StarCast by Enduroshield water and stain resistant glass coating

$121595 Save S:103.09 (20%) Quantity

Not in Your Store - We'll Ship It There

We'll Deliver It to You

Add to Cart

Add to Cart

We'll send it to Bustleton Ave for free pickup

Standard Delivery

Available for pickup March 18 - March 21

Expect it March 19 - March 26

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Or buy now with

We're unable to ship this item to: AK, GU, HI, PR, VI

Easy returns in store and online Learn shout oar return policy

Product Overview

https://www.homedepot.com/p/Aston-French-Vienne-56-in-to-60-in-x-33-875-in-x-76-in-F... 3/7/2019

Sho. . .PageID Page 2106 of 4 Frameless Sliding 60 in. x 33.875 x 76 in.03/27/19 Vienne 56 in. to Document Aston CaseFrench 3:19-cv-00762-G 1-1in. Filed Page Corner 81 of 110

Establish the spirit of the French Industrial design in your own bathroom with the beautiful Aston Vienne Corner Frameless Sliding Shower Enclesure..Comprised of premium 3/8 in. (10mm) tempered clear glass with professionally applied interior StarCast glass coating that ensures longlasting clarity and protection from stains, the Vienne Sliding Shower Enclosure creates a striking contrast of modern craftsmanship with French design for your dedicated corner space. Its effortless gliding 2-wheel hardware, frameless aesthetic with black Blockpress mullion glass screening and matte black hardware, the Vienne will be sure to make a bold statement. • 56 in. to 60 in. W x 33.875 in, D x 76 in. H sliding shower enclosure • Configuration: 1 sliding glass panel, 2 fixed glass panels • Clear 3/8 in. (10 mm) premium tempered glass with window pane look Matte black finish hardware with block press mullion glass screening provides a frameless aesthetic with a desirable French industrial design

•

• Astons StarCast by EnduroShield professionally applied superior protective glass interior coating • Wall channels on the fixed glass panel provided up to 1 in. of out-of-plumb adjustability •

Available in right or left hand installation

• Full-length clear seals included to prevent leakage • All reference measurements should be based on a finished tiled walls • Wall studs or similar reinforcement required for door installation •

Shower base not included with this product

• Professional installation recommended •

1-year limited warranty

•

California residents see Prop 65 WA1FNINGS

Info & Guides • Instructions I Assembly You will need Adobe® Acrobat® Reader to view PDF documents. Download a free copy from the Adobe Web site.

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DreamLine $8 in. x 0 76.751n. $1

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Specifications Dimensions Door Glass thickness (in.) 3/8" Door Height (in.) 76

https://www.homedepot.com/p/Aston-French-Vienne-56-in-to-60-in-x-33-875-in-x-76-in-F... 3/7/2019

Sho...PageID Page 3107 of 4 Aston French Vienne 56 in. to 60 in. x 33.875 76 in.03/27/19 Frameless Sliding Case 3:19-cv-00762-G Document 1-1in. xFiled Page Corner 82 of 110

Door Width (in,) 32,5 Product Height (in.) 76 Walk Through Opening Height (in.) 76 Walk Through Opening Width (in.) 23 in, - 27 in.

Details Door Type Bypass/Sliding Features No Additional Features Frame Finish Matte Black Frame Type Frameless Frame/Hardware Finish Family Black Glass Finish Clear Glass Style Clear Glass Style Clear Handle Finish Black Handle Type Bar Included No Additional Items Included Installation Type Rectangle Max Installed Width (in.)

so Product Weight (lb.) 2601b Returnable 90-Day Tub/Shower

https://www.homedepot.com/p/Aston-French-Vienne-56-in-to-60-in-x-33-875-in-x-76-in-F... 3/7/2019

Page 4108 of 4 Sho...PageID Frameless Sliding Vienne 56 in. to Document 60 in. x 33.875 76 in.03/27/19 Aston CaseFrench 3:19-cv-00762-G 1-1in. xFiled Page Corner 83 of 110

Shower

Warranty / Certifications Certifications and Listings No Certifications or Listings Manufacturer Warranty 1-year Limited Warranty

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[Dui

woo Aston French Vienne 44 - 48 in. x 76 in. Completely (1)

Aston French Vienne 56 in. to 60 in. x 60 in. NOT '/ET RATED

Aston French Durance 32 in. x 72 in. Frameless NOT YET RATED

Aston French Mayenne 35.75 36.25 in. x 72 in. NOT YET RATED

Aston French Brienne 63.25 in. to 64.25 in. x 72 in. NOT YET RATED

https://www.homedepot.com/p/Aston-French-Vienne-56-in-to-60-in-x-33-875-in-x-76-in-F... 3/7/2019

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

Exhibit E

Page 84 of 110 PageID 109

Page 1110 of 4 in...PageID Shower Sliding Frameless Aston French Vienne 44 - 48 in. x 76 in. Completely Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19 Page 85 Door of 110

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Showers / Shower Doors

Moth,' # SUR084\A/FEZ-MC-48-10-R

Alcove Shower Doors

Inturnet #308185882

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Aston

French Vienne 44 - 48 in. x 76 in. Completely Frameless Sliding Shower Door in Matte Black, Right Opening * ** ▪

. . (1)

Write a Review

Ask the first question

Home Depot exclusive collection

• French industrial design with block press mullion glass screening • StarCast by Enduroshield water and stain resistant glass coating

Sa:vo sno 88064 414°&841 Quantity

1

16 (20%)

+

Not in Your Store - We'll Ship It There

We'll Deliver It to You

Add to Cart

Add to Cart

We'll send it to Bustleton Ave for free pickup

Standard Delivery

Available for pickup March 18 - March 21

Expect it March 19 - March 26

Check Nearby Stores

Delivery Options

Or buy now with

We're unable to ship this item to: GU, PR, VIMore

Easy returns in store and online Learn about our return policy

Product Overview

https://www.homedepot.com/p/Aston-French-Vienne-44-48-in-x-76-in-Completely-Framel... 3/7/2019

in. . .PageID Page 2111 of 4 Shower Sliding Frameless Aston Vienne 44 - 48 in. x 76 in. Completely CaseFrench 3:19-cv-00762-G Document 1-1 Filed 03/27/19 Page 86 Door of 110

the Aston Vienne Frameless Sliding Alcove Shower Door provides your bathroom with French Industrial styling and space saving functionality. Its frameless style and Blockpress mullion screening craftsmanship provides a complementary, bold statement to your bathrooms decor. Ready to install with the most common sized alcoves, its 2-wheeled effortless gliding door is ideal for any shower space. At 76 in. in height, the Vienne French Sliding Shower Door comes complete with premium, 3/8 in. (10 mm) tempered clear glass with professionally applied interior StarCast glass coating that ensures lasting clarity, slain protection and low-maintenance care. The Viennes eye catching matte black hardware will lransform your current alcove to an elegant showering destination. • 44 in. to 48 in. W x 76 in. H alcove frameless sliding shower door • Configuration: 1 sliding glass panel, 1 fixed glass panel • Clear 3/8 in. (10 mm) premium tempered clear glass with window pane look • Matte black finished hardware with block press mullion glass screening provides a frameless aesthetic with a desirable French industrial design • Astons StarCast by EnduroShield professionally applied superior protective interior glass coating • Wall channels on the fixed glass panel provided up to 1 in. of out-of-plumb adjustability • Available in right or left hand installation • Full-length clear seals included to prevent leakage • All reference measurements should be based on a finished tiled walls • Wall studs or similar reinforcement required for door installation • Shower base not included with this product • Professional installation recommended .• 1-year limited warranty • California residents see Prop 65 WARNINGS

Info & Guides • insliructions Assiprribly You will need Adobe® Acrobat® Reader to view PDF documents. Download a free copy from the Adobe Web site_

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Specifications Dimensions Door Glass Thickness (in_) 3/8" Fits Finished Width (in.)

https://www.homedepot.com/p/Aston-French-Vienne-44-48-in-x-76-in-Completely-Framel... 3/7/2019

of 4 Sliding Shower Door in...PageID Page 3112 Frameless Vienne 44 - 48 in. x 76 in. Completely Aston CaseFrench 3:19-cv-00762-G Document 1-1 Filed 03/27/19 Page 87 of 110

48 Installation Width 44 in. - 48 in. Product Height (in.) 16 Walk Through Opening Height (in.) 76 Walk Through Opening Width (in.) 17.25 in, - 21,25 in,

Details Door Handle Position ROM Doer Type Bypess/Slielng Features No Additional Features Frame Finish Matte Black Frame Type Frameless Frame/Hardware Finish Family Black Glass Finish Clear Glass Style Clear Glass Style Clear Handle Foil* Black Handle Type Bar Included No Additional Items Included Max Installed Width (in.)

49 Product Weight (lb.) 13.91b Reliurn4ble

https://www.homedepot.com/p/Aston-French-Vienne-44-48-in-x-76-in-Completely-Framel.. . 3/7/2019

Aston Vienne 44 - 48 in. x 76 in. Completely Shower Door in. . .PageID Page 4113 of 4 Frameless Sliding CaseFrench 3:19-cv-00762-G Document 1-1 Filed 03/27/19 Page 88 of 110

90-Day

Warranty / Certifications Certifications and listings No Codifications or Listings Manufacturer Warranty 1-year Limited Warranty

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Aston French Vienne 56 In, to 60 in. x 60 in. NOT VET RATED

Aston French Vienne 44 - 48 In. x 76 in. Completely

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Aston French [Durance 32 in. x 72 in. Frameless NOT YET RATED

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Aston French Mayenne 35.75 36.25 in. x 72 in. NOT YET RATED

Aston French Brienne 63,25 in. to 64.25 in, x 72 in. •

NOT YET RATED

https://www.homedepot.corrilp/Aston-French-Vienne-44-48-in-x-76-in-Completely-Framel... 3/7/2019

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

Exhibit F

Page 89 of 110 PageID 114

Page 1115 of 6 Door Frameless Sliding Aston Vienne 56 in. to Document 60 in. x 60 in. Completely CaseFrench 3:19-cv-00762-G 1-1 Filed 03/27/19 Page Tub 90 of 110in... PageID

Home / Bath / Bathtubs / Bathtub Doors Model # TOR984WFEZ-MB-60-10-1...

Internet #308165631

is

F •

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Aston

French Vienne 56 in. to 60 in. x 60 in. Completely Frameless Sliding Tub Door in Matte Black, Left Opening Write the first Review

Ask the first question

• Home Depot exclusive collection • French industrial design with block press mullion glass screening • StarCast by Enduroshield water and stain resistant glass coating

$90836

$4 Sav1e35$24:7.09 (20V0)

https://www.homedepot.com/p/Aston-French-Vienne-56:in-to-60-in-x-60-in-Completely-F...

3/7/2019

Door Page 2116 of 6 Completely Frameless Sliding 60 in. x 60 in. Aston Vienne 56 in. to Document CaseFrench 3:19-cv-00762-G 1-1 Filed 03/27/19 Page Tub 91 of 110in...PageID

Not in Your Store - We'll Ship It There Available for pickup March 18 - March 21

We'll send it to Bustleton Ave for free pickup Add to Cart Check Nearby Stores

or We'll Deliver It to You Standard Delivery Expect itMarch 19 - March 26

Add to Cart Delivery Options

We're unable to ship this item to: GU, PR, VlMore

Or buy now with

Easy returns in store and online Learn about our return policy

Product Overview Add Parisian glamour to your existing bathtub alcove with the 60 in. x 60 in. Vienne French-Style Frameless Sliding Tub-Height Shower Door. Its matte black 2-wheeled easy gliding-motion hardware and bold Blockpress mullion design creates a comforting yet sophisticated environment within your shower alcove. This sliding tub doors design is highlighted by its thick, premium 3/8 in.

https://www.homedepot.com/p/Aston-French-Vienne-56-in-to-60-in-x-60-in-Completely-F...

3/7/2019

Door Page 3117 of 6 Frameless Sliding Aston Vienne 56 in. to Document 60 in. x 60 in. Completely CaseFrench 3:19-cv-00762-G 1-1 Filed 03/27/19 Page Tub 92 of 110in...PageID

(10 mm) tempered clear glass with professionally applied interior StarCast glass coating that ensures lasting clarity, stain protection and easy low-maintenance care. This rustic-chic, luxurious tub door comes ready to install, and is available for either right or left hand installation. • 60 in. W x 60 in. H tub-height sliding alcove shower door • Configuration: 1 sliding glass panel, 1 fixed glass panel • Custom-style 3/8 in. (10 mm) premium tempered clear glass • Matte black finish hardware with block press mullion glass screening provides a frameless aesthetic with a desirable French industrial design • Astons StarCast by EnduroShield professionally applied superior protective interior glass coating • Available in right or left hand installation • Full-length clear seals included to prevent leakage. • All reference measurements should be based on a finished tiled opening • Wall studs or similar reinforcement required for proper tub door installation • Door must be installed on a flat, straight tub surface • Bathtub not included with this product • Professional installation recommended • 1-year limited warranty • California residents see Prop 65 WARNINGS

Info & Guides • Instructions Assembly You will need Adobe® Acrobat® Reader to view PDF documents. Download a free copy from the Adobe Web site.

Sponsored Products

https://www.homedepot.com/p/Aston-French-Vienne-56-in-to-60-in-x-60-in-Completely-F.. .

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Page 4118 of 6 Door Frameless Sliding Completely Vienne 56 in. to Document 60 in. x 60 in.1-1 Aston CaseFrench 3:19-cv-00762-G Filed 03/27/19 Page Tub 93 of 110in...PageID

$33599

$43799 Was $62/1.W4

[dd To Cart

Add To Cart

Specifications Dimensions Door Glass Thickness (in.) 3/8" Door Height (in.) 60 Fits Opening Width (in.) 56 in. - 60 in. Installation Width 56 in. - 60 in. Walk Through Opening Width (in.) 23 in. - 27 in.

Details Door Type Bypass/Sliding Double Hinged No Features No Additional Features

https://www.homedepot.com/p/Aston-French-Vienne-56-in-to-60-in-x-60-in-Completely-F... 3/7/2019

Page 5119 of 6 Door Completely 60 in. x 60 in. Frameless Sliding Aston French Vienne 56 in. to Document Case 3:19-cv-00762-G 1-1 Filed 03/27/19 Page Tub 94 of 110in...PageID

Frame Finish Matte Black Frame Type Frameless Frame/Hardware Finish Family Black Glass Finish Clear Glass Style Clear Handle Finish Black Handle Type Bar Hardware Included Yes Max Installed Width (in.) 60 Product Weight (lb.) 1371b Returnable 90-Day Towel Bar No

https://www.homedepot.com/p/Aston-French-Vienne-56-in-to-60-in-x-60-in-Completely-F... 3/7/2019

Door Page 6120 of 6 Frameless Sliding Aston Vienne 56 in. to Document 60 in. x 60 in.1-1 Completely CaseFrench 3:19-cv-00762-G Filed 03/27/19 Page Tub 95 of 110in...PageID

Tub/Shower Tub

Warranty / Certifications Certifications and Listings No Certifications or Listings Manufacturer Warranty 1-year Limited Warranty

https://www.homedepot.com/p/Aston-French-Vienne-56-in-to-60-in-x-60-in-Completely-F... 3/7/2019

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

Exhibit G

Page 96 of 110 PageID 121

Aston Durance 32 in. xDocument Black-SDR... 72 in. Frameless Door in Matte97 Page 1122 of 5 CaseFrench 3:19-cv-00762-G 1-1 Fixed FiledShower 03/27/19 Page of 110 PageID

Home I

Bath / Showers /

Model # SDR996WFEZ-MB-32-10

Shower Doors I

Alcove Shower Doors

Internet #308165678

1 0 it

1

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Aston

French Durance 32 in. x 72 in. Frameless Fixed Shower Door in Matte Black Write the first Review

Ask the first question

• French industrial design with block press mullion glass screening • StarCast by Enduroshield water and stain resistant glass coating • Fully reversible for right or left walk-in

$437 54 $546793

Save $109.39 (20%)

Quantity

1

https://www.homedepot.com/p/Aston-French-Durance-32-in-x-72-in-Frameless-Fixed-Sho...

3/7/2019

Aston Durance 32 in. xDocument 72 in. Frameless Black-SDR... Page 2123 of 5 Door in Matte98 CaseFrench 3:19-cv-00762-G 1-1 Fixed FiledShower 03/27/19 Page of 110 PageID

Not in Your Store - We'll Ship It There Available for pickup March 18 - March 21

We'll send it to Bustleton Ave for free pickup Add to Cart Check Nearby Stores

or We'll Deliver It to You Standard Delivery Expect itMarch 19 - March 26

Add to Cart Delivery Options

We're unable to ship this item to: AK, GU, HI, PR, VI

Or buy now with

Easy returns in store and online Learn about our return policy

Product Overview The Aston Durance Frameless Fixed Shower Door provides an open yet sophisticated presence to your existing corner or 3-walled alcove. The Durances Blockpress durable window pane screening displays a bold black mullion pattern onto a sleek, modern frameless fixed shower door. Its premium 3/8 in. (10 mm) clear glass includes professionally applied interior StarCast protective

https://www.homedepot.com/p/Aston-French-Durance-32-in-x-72-in-Frameless-Fixed-Sho...

3/7/2019

Black-SDR... Page 3124 of 5 Door in Matte99 72 in. Frameless Aston French Durance 32 in. xDocument Case 3:19-cv-00762-G 1-1 Fixed FiledShower 03/27/19 Page of 110 PageID

coating which offers lasting clarity and protection against most stains, chemical build-up and residue. This models slimline wall channels provides up to 1 in. of out-of-plumb adjustability and is designed for either right or left hand installation. Add a bold yet airy element to your showering space with the Durance Frameless French Fixed Shower Door. • 32 in. W x 72 in. H fixed shower door • Configuration: 1 fixed glass panel • Clear 3/8 in. (10 mm) premium tempered glass with window pane look • Matte black finish hardware with block press mullion screening provides a frameless aesthetic with a desirable French industrial design • Astons StarCast by EnduroShield professionally applied superior protective glass interior coating • Slimline wall channels (side fixed to wall and bottom) allows for 1 in. out-of-plumb adjustment and secure installation • Designed for either right or left hand installation • All reference measurements should be based on a finished tiled walls • Wall studs or similar reinforcement required for door installation • Shower base not included with this product • Professional installation recommended • 1-year limited warranty • California residents see Prop 65 WARNINGS

Info & Guides • Instructions / Assembly You will need Adobe® Acrobat® Reader to view PDF documents. Download a free copy from the Adobe Web site.

Specifications Dimensions Door Glass Thickness (in.) 3/8" Fits Finished Width (in.)

https://www.homedepot.com/p/Aston-French-Durance-32-in-x-72-in-Frameless-Fixed-Sho... 3/7/2019

Black-SDR... Page 4125 of 5 CaseFrench 3:19-cv-00762-G 1-1 Fixed Filed Shower 03/27/19 100 of 110 PageID Door Page in Matte Aston Durance 32 in. xDocument 72 in. Frameless

32 Product Height (in.) 72 Product Width (in.) 32 in

Details Door Type Fixed Features No Additional Features Frame Finish Matte Black Frame Type Frameless Frame/Hardware Finish Family Black Glass Finish Clear Glass Style Clear Glass Style Clear included No Additional Items Included

https://www.homedepot.com/p/Aston-French-Durance-32-in-x-72-in-Frameless-Fixed-Sho... 3/7/2019

Page 5126 of 5 Black-SDR... Door Page in Matte Aston 72 in. Frameless Durance 32 in. xDocument CaseFrench 3:19-cv-00762-G 1-1 Fixed Filed Shower 03/27/19 101 of 110 PageID

Product Weight (lb.) 841b Returnable 90-Day

Warranty / Certifications Certifications and Listings No Certifications or Listings Manufacturer Warranty 1-year Limited Warranty

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Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

Exhibit H

Page 102 of 110 PageID 127

Aston Mayenne 35.75Document 72 in.Filed Frameless Page 1128 of 4 - 36.25 in. x1-1 Completely Hinged CaseFrench 3:19-cv-00762-G 03/27/19 Page 103 Shower. of 110 . .PageID

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Aston

French Mayenne 35.75 - 36.25 in. x 72 in. Completely Frameless Hinged Shower Door in Matte Black Write, the first Review

Ask the first QUOSI jell

• Available in many popular sizes from 24 - 38 in. • French industrial design with block press mullion glass screening • Stareast by Enduroshield water and stain resistant glass coating

$64828 Quantity

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Available for pickup March 18 - March 2,

Expect it March 19 - March 26

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Product Overview Your ideas make us better!

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of 4 Page 2129 Hinged Frameless Completely Mayenne 35.75 Document - 36.25 in. x 1-1 72 in. Filed Aston CaseFrench 3:19-cv-00762-G 03/27/19 Page 104 Shower... of 110 PageID

The Mayenne French-Style Completely Frameless Hinged Shower Door allows you to envision your bathroom as a boutique Gallic resort spa. Its minimalist, frameless design work with matte black Blockpress mullion screening delivers a stylish contrast for your narrower existing shower alcove. Thick. premium 3/8 in, (10 mm) tempered clear glass with StarCast interior glass coating and stainless steel constructed hardware provides your bathroom a high quality, low-maintenance showering experience every use. The Mayenne Hinged Shower Door is reversibly adaptable fqr left or right-hand installation. Allow your bathroom to exude equal parts vintage elegance and simplistic presence with this French-style frarnelesS shower door, from Aston. • 35,75 in. - 36.25 in, W x 72 in, H completely frameless hinged shower door ✓ Configuration: 1 hinged glass panel .• Custom-style 3/8 in, (10 mm) premium tempered clear glass •: Matte black finish hardware with Blockpress mullion glass screening provides a frameless aesthetic with a desirable French Industrial design • Astons StarCast by EnduroShield professionally applied superior protective glass interior coating - Designed for either right or left hand installation • No out-of-plumb adjuslability • All reference measurements should be based on a finished tiled walls • Wall studs or similar reinforcement required for door installation • Shower base not included with this product • Professional installation recommended • 1-year limited warranty • California residents see Prop 66 WARNINGS

I Info & Guides • Installation Ci lids You will need Adobe@ Acrobat® Reader to view PDF documents. Download a free copy from the Adobe Web site.

Specifications Dimensions Door Glass Thickness (in.) 3/8" Fits Finished Width (in.) 36 Installation Width 35.75 in, - 36,25 in. Product Height (in.) 72 Walk Through Opening Height (in,) 72 Walk Through Opening Width (in.) 33,625 in. - 34.25 in,

Details Door Type Pivot/Hinged Features No Additional Features

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Page 3130 of 4 Frameless Hinged Completely 72 in. Filed - 36.25 in. x 1-1 Aston Mayenne 35.75 Document CaseFrench 3:19-cv-00762-G 03/27/19 Page 105 Shower... of 110 PageID

Frame Finish Witte Black Frame Typo Frameless Frame/Hardware Finish Family Black Glass Finish Clear Glass Style Clear Glass Style Clear Handle Finish Black Handle Type Bar Included Door Hardware.Mounting Hardware Max Installed Width (in.) 36.25 Product Weight (lb.) 951b Returnable 90-Day

Warranty / Certifications Certifications and Listings No Certifications or Listings Manufacturer Warranty 1-year Limited Warranty

Recently Viewed Items

Aston French Brienne 63.25 in. to 64.25 in. x 72 in. NOT YET RATED

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Page 4131 of 4 Frameless Hinged Aston Mayenne 35.75 Document - 36.25 in. x 1-1 72 in.Filed Completely CaseFrench 3:19-cv-00762-G 03/27/19 Page 106 Shower... of 110 PageID

a

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TODOLOMITAT A TI MIKLUITA ONLINE DI

Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

Page 107 of 110 PageID 132

USOOD8168145

(12) Shtraks Unitedet alStates Design Patent (10 ) Patent No.: .

US D816 ,814 S

(45) Date of Patent: * * May 1, 2018

(54 ) GLASS SHOWER PANEL OF SHOWER

D337,834 S *

ENCLOSURE ( 71 ) Applicant: Bath Authority LLC , Warminster, PA (US) (72 ) Inventors: Valery Shtraks, Feasterville , PA (US ); Brian Lieb , Philadelphia , PA (US); Michael Minkovich , Richboro , PA (US); Vadym Mironchuk , Southampton , PA (US ); Patrick Van Kirk , Philadelphia , PA (US)

7 / 1993 Kearns .. ........

D405 ,547 S *

2 / 1999 Dobija ..... .

D495 ,063 S *

8 /2004 Barnard .............

D582 ,565 S * 12/ 2008 Colston

D586 , 475 S * 2 / 2009 Maher D692 ,584 S * 10 / 2013 Walsh

D779 ,682 S * 2/ 2017 Walsh

. .. . .

D25 / 138

D25 / 138 D25 / 103

D25/ 48 . 3 D25 /48 .3 D25 / 103

D25 /103

* cited by examiner Primary Examiner - Robert A Delehanty

(74) Attorney, Agent, or Firm — Fox Rothschild LLP

(73 ) Assignee : BATH AUTHORITY LLC , Warminster, PA (US )

@

(* * ) Term :

(57)

15 Years

The ornamental design for a glass shower panel of shower enclosure, as shown and described .

(21) Appl. No.: 29/601,938

@

( 22) Filed : Apr. 27 , 2017 (51) LOC ( 11) CI. .... (52 )

CLAIM

.......

23 -02

DESCRIPTION

23 - 02

U . S . CI.

D23 /305 ; D25 /103

USPC

FIG . 1 is a perspective view of the glass shower panel of

(58 ) Field of Classification Search

shower enclosure showing our new design ;

USPC ...... D23 /275, 283, 303 – 305 ; D25 /48.3 , 103 , D25 / 106 , 109 – 110 See application file for complete search history.

FIG . 2 is a top plan view thereof; FIG . 3 is a front elevation view thereof; FIG . 4 is a left-side elevation view thereof;

References Cited

(56 )

FIG . 5 is right- side elevation view thereof;

U . S . PATENT DOCUMENTS D68,086 S * 3 ,180 ,780 A *

FIG . 6 is a rear elevation view thereof; and , FIG . 7 is a bottom plan view thereof. 1 Claim , 3 Drawing Sheets

9 / 1925 Brown ..................... D25 / 103 4 / 1965 Ritter .......... ......... E04B 2 /90 428 / 180

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Case 3:19-cv-00762-G Document 1-1 Filed 03/27/19

U . S . Patent

May 1, 2018

Page 108 of 110 PageID 133

US D816 ,814 S

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May 1, 2018

U . S . Patent

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Case 3:19-cv-00762-G Document 1-2 Filed 03/27/19

Page 1 of 1 PageID 136

CIVIL COVER SHEET

JS 44 (Rev. 06/17) - TXND (Rev. 06/17)

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 Bath Authority, LLC d/b/a DreamLine

(b)

DEFENDANTS Aston Global, Inc.

County of Residence of First Listed Plaintiff

Bucks County, PA

County of Residence of First Listed Defendant NOTE:

(C)

Attorneys

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

Attorneys (If Known)

Name, Address, and Telephone Number)

Darin Klemchuk, 8150 N Central Expressway, 10th Floor, Dallas, TX 75206

Andy Nikolopolous, Fox Rothschild, Two Lincoln Centre 5420 Lyndon B. Johnson Freeway, Suite 1200, Dallas TX 75240-6215 II. BASIS OF JURISDICTION (Place an "X" in One Box Only) 0 1

U.S. Government Plaintiff

X3

Federal Question (U.S. Government Not a Party)

n

U.S. Government Defendant

0 4

Diversity (Indicate Citizenship of Parties in Item III)

2

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Boxfor Plaintiff (For Diversity Cases Only) PTF Citizen of This State 01

CONTRACT 0 0 0 0 0

0 CI

CI CI CI

O 0

TORTS

110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veteran's Benefits 160 Stockholders' Suits 190 Other Contract 195 Contract Product Liability 196 Franchise

0 0 CI 0 CI CI CI CI 0 0

0 0 CI CI CI 0

REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

C/ 0 0 CI CI CI CI

V. ORIGIN (Place an ri(1

Original Proceeding

PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers' Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury Medical Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education

PRISONER PETITIONS Habeas Corpus: 0 463 Alien Detainee CI 510 Motions to Vacate Sentence 0 530 General CI 535 Death Penalty Other: 0 540 Mandamus & Other CI 550 Civil Rights CI 555 Prison Condition CI 560 Civil Detainee Conditions of Confinement

and One Boxfor Defendant) PTF DEF 04 04 Incorporated or Principal Place of Business In This State

0

2

0

2

Incorporated and Principal Place of Business In Another State

0

5

0 5

Citizen or Subject of a Foreign Country

0 3

0

3

Foreign Nation

0

6

0 6

FORFEITURE/PENALTY

PERSONAL INJURY 0 365 Personal Injury Product Liability 0 367 Health Care/ Pharmaceutical Personal Injury Product Liability 0 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 0 370 Other Fraud 0 371 Truth in Lending CI 380 Other Personal Property Damage CI 385 Property Damage Product Liability

DEF CI t

Citizen of Another State

IV. NATURE OF SUIT (Place an "X" in One Box Only) I

Dallas

(IN U.S. PLAINTIFF CASES ONLY)

(EXCEPT IN U.S. PLAINTIFF CASES)

0 625 Drug Related Seizure of Property 21 USC 881 0 690 Other

LABOR 0 710 Fair Labor Standards Act 0 720 Labor/Management Relations CI 740 Railway Labor Act 0 751 Family and Medical Leave Act CI 790 Other Labor Litigation CI 791 Employee Retirement Income Security Act

Click here for: Nature of Suit Code Descriptions. BANKRUPTCY OTHER STATUTES 0 422 Appeal 28 USC 158 0 423 Withdrawal 28 USC 157 PROPERTY RIGHTS CI 820 Copyrights X 830 Patent 0 835 Patent - Abbreviated New Drug Application k 840 Trademark SOCIAL SECURITY 0 861 HIA (1395f1) CI 862 Black Lung (923) CI 863 DIWC/DIWW (405(g)) CI 864 SSID Title XVI 0 865 RSI (405(g))

FEDERAL TAX SUITS CI 870 Taxes (U.S. Plaintiff or Defendant) CI 871 IRS—Third Party 26 USC 7609

IMMIGRATION 0 462 Naturalization Application 0 465 Other Immigration Actions

0 375 False Claims Act 0 376 Qui Tam (31 USC 3729(a)) CI 400 State Reapportionment 0 410 Antitrust 0 430 Banks and Banking 0 450 Commerce CI 460 Deportation CI 470 Racketeer Influenced and Corrupt Organizations 0 480 Consumer Credit CI 490 Cable/Sat TV CI 850 Securities/Commodities/ Exchange CI 890 Other Statutory Actions 0 891 Agricultural Acts CI 893 Environmental Matters CI 895 Freedom of Information Act CI 896 Arbitration 0 899 Administrative Procedure Act/Review or Appeal of Agency Decision CI 950 Constitutionality of State Statutes

-X" in One Box Only)

CI 2 Removed from State Court

O 3

Remanded from Appellate Court

4 Reinstated or Reopened

CI 5 Transferred from Another District (specify)

CI 6 Multidistrict Litigation Transfer

CI 8 Multidistrict Litigation Direct File

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

VI. CAUSE OF ACTION

35 U.S.C. §§ 271, 289; 15 U.S.C. § 1125 Brief description of cause:

Design atent and trademark infringement. VII. REQUESTED IN EI CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P. COMPLAINT: VIII. RELATED CASE(S) (See instructions): IF ANY JUDGE DATE

CHECK YES only if demanded in complaint:

DEMAND $

JURY DEMAND:

75,001.00

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF

FOR OFFICE USE ONLY RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

35( Yes

O No

I