Free Declaration - District Court of California - California

Case 3:07-cv-02391-JAH-POR

Document 25

Filed 02/04/2008

Page 1 of 11

1

2 3

RONALD MARTINETTI, ESQ. State Bar No.106 898 KAZANJIAN & MARTINETTI 520 East Wilson Avenue Glendale, California 91206 Tel. 818-241-1011 FAX 818-241-2193 E-Mail [email protected]

4
'5 6
"1

Attorneys for Lee's General John Lee

Defendants Toys, Inc.,

and

8 9 10

UNITED STATES DISTRICT

COURT OF CALIFORNIA

FOR THE SOUTHERN DISTRICT

CASE.
11
ID O !\1 m

, GEORGIA-PACIFIC PRODUCTS LP, partnership, a CONSUMER Delaware. limited )

NO.07 CV 2391 (JAB POR)

12 13

~ Z IX , O ., "' J 100( 5u (/) .J 0( c z 1&1 .J ~ . 1&1

14
15 16 17

Plaintiff, vs.
LEE'S GENERAL TOYS, INC., corporation, JOHN LEE, an DOES 1-10, a c~lifornia individual;
:'?~

DECLARATION OF RON MARTINETTI ) OPPOSING PLAINTIFF'S .EX PARTE APPLICATION ) FOR EXPEDITED )."DISCOVERY'

~\ and) )

18 19

Defendants.

20
21

22 23 24 25 26 27 28
..

1

nRCT,A'RATTON OF 'RON MA'RTTNETTT
1

OPPOSING

PLAINTIFF

GEORGIA-

PACTFIC'S
2

APPLICATION ti,
Defendant Lee's General Toys and Defendant John

FOR EXPEDITED DISCOVERY declare:

I, 3
1. I represent

Ron Martinet

4 Lee in
R

the
On

present January denying
after
.

matter. 29,
for a TRO.
-ted / o.]::al argument

2-

2008
This denial was entered both

this

Court

entered

an

order

Page 2 of 11

6 Plaintiff's 7 request

parties 8 3.
9

briefed Defendant distributing, is fully
John trademark in 2003 for Lee took this step even though,he received a failed

the Lee's importihg'Angelite'tissue The Court was informed of this at the
Cali-

matter General paper until this Toys has voluntarily agreed to stop

Filed 02/04/2008

selling, 10 case resolved.
1.1.

TRO.
\D o N

Mr.

j:: 1W UI

1.2

fornia
1~

elite--and five Court. the the outer wrapping wrappings. with ,.elite the tissue
rrnm Chinn-

Plaintiff A copy of the

to
California

(J)rv~ III...

Z ~ j:: UI
Z

a; <

file
14

any was filed Defendant bathroom of J. Lee, filed in tissues and destroyed John Lee removed with the

lawsuit

for

almost

years.

Document 25

U
trademark
lR

~Z,":JU «,"(J) .J-o( .'111 Zo
4.

of

16 17 1, Declaration repr
hn~ nn rllrrhp-r nrnp-r~

59,
(Exhibit

520

Anqelite

connection

TRO) in
(Exhibit 1,

This stock, par.

Case 3:07-cv-02391-JAH-POR

18 number 19
nnn f)p-rp-nnnnr

20
3)

21

22
Pl~;nt-;rr

5.
even though

Further,

Defendants

have
there

been
has not

voluntarily
yet been

cooperating
a first meeting

with

23 24
tors 2R (Exhibit 2;

of provided the names of all the
distribll'

counsel.

Defendants

have
letter

from

RM to

AW,

dated

Jan.

25),

the

total sold the (233,280) entire and value inventory of the (Exhibit six containers

number
2R

of

rolls

27

that number of

constituted rolls in

2) .

Th~ the six containers
2

tnt-_~

1

28

were

292,800.

1

6. applied abandoned
the
collns~l

Further,
for a federal trademark in 2003 for

I have Anqelite--and
Plaintiff's th~n

informed

Plaintiff's

counsel

that

my client

2
~

effort.

Also,

I

have

informed

4 present
th~
n~mp:

that my client that
(Georqia-Pacific) has

at has his the
thA 31, from RM to AW, dated
.T~n -

another client Trademark Office to oppose

trademark

for

5

Angelito requested application.
(Exhibit 2008) Pacific 4, Letter

pending--and TWO extensions from

Page 3 of 11

6
...

8 (Exhibit applied
T,AA'~

5, for General understand Tradeexpedited discovery
i\ and will are cooperatinq
in
t-hi~

print-out two
the r circumstances, I do not

from .ensions to respond to

Trademark

Office

showing

Georgia

9 10
Toys' why Georgia-Pacific would application) .Under
11
ID o (\I 0)

Filed 02/04/2008

i= 1W"' Z

'2
mark r.equest
since we matter--especially

Office

but

:J Z < Z

-"' cnl->

13 14 cooperate voices ry. 7. that
i t seeks "tnx d(')~l]mpnt-_.c; -"

continue

rn with of
inventoin-

1IJ[1:< U
Document 25

by and custom forms that will reflect the

shortly

voluntarily

providing

Plaintiff amount

~~< . IIJ .J < C Z

~Zf-:JU"' cn < < .J-o( .'IIJ Zo «\I Ncn

15 16
17

~

~ G

Plaintiff's
(No.3) in

document

request

is

overbroad
The

and oppressive
information

in relatinq

Case 3:07-cv-02391-JAH-POR

lR

19 to
sa1.~s is available and ordp.rs
'form--in

a
provided

much

less this

intrusjv~
information

20
T~ct Defendant has oath. declare states and California

already

2'
under
I

22 23
united

l~ws

of that the foreqoinq
i.c:;

the true
and

24 correct.
25
Executed this February 3, 2008 at Glendale, California.

26 27 ~'N\.Mi~~ 28
3

APR-O5-2OOb

Case 3:07-cv-02391-JAH-POR -~

TUE

06:41

PM

NO.3238269733 Document 25FAX Filed 02/04/2008

p, 01/0' Page 4 of 11

--~-RONALD MARTXNETT~, ESQ. State Bar No.106 898 KAZANJIAN & MARTINETTI 520 East Wilson Avenue Glendale, California 91206 Tel. 818-241-1011 FAX 818-241-2193 E-Mail [email protected]

"~~-

~._".--

Attorneys for Lee's General John Lee

Defendants Toyst Inc.t

and

UNITED STATES DISTRICT FOR THE SOUTHERN DISTRICT

COURT OF CALIFORNIA

~~_.~,_.~--~ 'CASE. NO. 07 CV

2391

(JAH
~ IIJ ..N zi -.. IJI}-> IU~. u
POR)
OF IN REBUTTAL

GEORGIA-PACIFIC CONSUMER \/. " PRODUCTS LP, a Delaware ~imited partnership,

I . ) DECLARATION ) ) ) JOHN TO REPLY LEE PLAINTIFF'S

Plaintiff,
VS. .' LEE'S GENERAL TOYS, INC., corporation, JOHN LEE, an DOES 1-10, Defendants.

O~_..J~ !: . ~Zt-:!U .
a California individual;

) ) ) ) ) and) ) ) ) )

Date: Time: Judge:

January 28, 08 2:30 pm Hon. J. Houston

DECLARATION OF JOHN LEE IN REBUTTAL TO PLAINTIFF'S

REPLY

22 23 24 25 26 27 28

-I, 1.
General

John Lee.; nereby
I am a defendant

decrare':-"
in th~ present ac~.ion, along

with

Lee's
and

Toys I Inc.
with 2003 the

I am the
day to

preside.rlt
day

of Lee's

G2neral.

Toys

am familiar
2.

operations received

In

Lee I S General

'Toys

a

valid

California

1

t'i--\-\ I.~i-f

ll-

APR-05-2005 TUE 06:41 PM Case 3:07-cv-02391-JAH-POR

FAX Document 25

NO. 3238269733 Filed 02/04/2008

Page 5 of 11

p,

02/03

trademark 1 sells 2
9~~e~ and

in

the

name Angelite.
bathroom This tissue

Under
paper has

this
in

name,
California challenged

the
~ by

company ethe~ Georgia-

markets

~~.d {~e~e,

trademark

been

3 Pacific 4 mark. 5 6
"1

which ~

claims ---,

a superior right '-~~--~~-~--,._"

in

the

Angel

Soft

trade-

3 .In removal lite

the last few days, ".',I '.have ordefed and of ~~outer S<=jJ S'2D 7L wrappings from our entire tissue paper. These
a recent

supervised stock of in our
is no

the Ange-

represented
shipment

all
from

the
China.

stock
There

8 house, 9 Angelite tissue paper in our warehouse and none is on order
including

waremore
from

10
China.
11

4.
~ w.. z -.. 1/)1-> 1oJa:~ uo(zo~ ~~~~o oca::!..J LI.
z

Until

this

action

is

completed,

I

have

no

:J z

~ .. .. ~ z

12

intention, importing, transporting
wrapp_~n~.. stored in

nor dis-

does 13 14 15
IB

Lee's

General
selling,

Toys
.

have

any

intention,

of
moving,

tributing,
an~/or 5.

shipping,

purchasing,

~
~

~t~

~ c( " "'- -'-.. 1oJ .Ill .J Zo ~ 0(.. Q NI/) Z < "' ~ a

eXpo~tin_g At present,

a:y ~~c1,s~q-A~~~~:::.~~"~ng the -5-l,25{) white tissue

--. our

..:)

u

rolls

are

warehouse 17 mark in the

in

Vernon.

Lee's

Geher.al is not

Toys, in the
the

+nc.

has

a valid

trade-

name Swan which the right to
to

18
ly 19 with
Swan wrapping--or

reserve

re-wrap
, market

controversy. 5"'qJs").o 7 L5%,25& white
white tissue

We respectfultissue
rolls

rolls without
and

20
21 any since wrapping.
plain

since
white rolls

the

name Swan is
are

not

in

controversy, respectfully items

22

generic, to

Defendants market these

23
24 25 26

submit avoid 6. mark

that financial
Although in

they

should

be allowed

{and

hardship).
Defendqnts believe .that they have a valid

tradefurther as .-the-

the any lawsuit

name Angelite,

they

have

no

intention i te

of long

marketing

ltems
is

undQr"'~ne-rrame..ftfige'I

28

.present

pending.

2

APR-O5-2005 FAX NO.3238269733 P. 03/03

TI IF OR: 41 PM

1

I

declare

under

penalty

of

perjury

that

the

foregoing

is

tr\1~ of

2 and correct Ler the laws of the United States and th~ stat~ 3
4
A

Page 6 of 11

6
7
B

--?

9 10
11
12
~
\&I"' J z z GI (Ij -

Filed 02/04/2008

8

"'~> LII~. U
< ~

l~

14
15
lR

Document 25

17

18
19

Case 3:07-cv-02391-JAH-POR

20
21

22 23 24

28
~R

27 28
3

Case 3:07-cv-02391-JAH-POR

Document 25
LAWOFFICES

Filed 02/04/2008

Page 7 of 11

KAZANJIAN
PHILLIP RONALD WENDY C. KAZANJIAN 520 EAST MARTINE11"1 L. COFFELT GLENDALE,

8

MARTINE1TI
AVENUE ...,."":'-"' 91206 (818) "" TELEPHONE (818) 241-JOIJ FAX 241-2193

WILSON

SUITE.'250"' CALIFORNIA

January Mr. Adam Welland

25, ,

2008

Latham & Watkins 12636 High Bluff Drive, Suite 400 San Diego, California 91230-2071 VIA

FAX AND US MAIL

Re: Dear

Georgia-Pacific

Consumer

Products

v.

Lee's

Gen.

Toys

Adam:
am to

Thank you for your letter of January 22. Please note that I providing the following .information as part of our respective settlement efforts and hope that it will assist the parties ., move closer to a resolutlon.

..-, The manufacturer is-RunHui Paper.-Co.-(,..Ltsi f 40 Hubin North Road, Zhong Shan, China (Tel. 011-76-08780488) ; the agent in China is Shantou Kid Toys Co., Ltd., Room 203, 5nd Building, Jinguan Yuan, Wenguan Road Chenghai\ Dist. Shantou city, Guangdong, China (Tel. 011-86-7545853523) .Some of my clients sales are walk-ins. Most of the items, however, are sold through five distributors or retail outlets: 1) Kensco, 2602 37th Street, Vernon, Cal. 90053, 2) Double Bargain, Inc., 3033 Bandini Blvd., Vernon, Cal. 90023; 3) TCI Supply cb., 121 E. 18th'Street, No.3, Los Angeles, Cal. 90013; 4) Jorge Acevas Contreras, 2170 Coronado Avenue, San Diego, Cal. 92154; 5) TBA Mexican Trade Grocery, 1045 Bay Blvd., No. A, Chula Vista, Cal. 91900.

My understanding is that 6 containers were imported. The total inventory ~Nas valued at $39,955. Of the 6 containers, 59,520 rolls rema:ined--and the Angeli te wrapp.ing has been removed. rrhe 233,280 rolls that were sold were sold at approximately 19 cents a roll; the mark-up was about 3 cents per roll. When the o'lerhead is factored in, there was no real profit.
of as of Mr. Lee has stated in his declaration that he has no intention selling any Angelite tissue as long as this case is pending; I have pointed out, we have tq"J.<:~n"."tn;i,s..PQ.pitio'n as a gesture good faith and not as an admission of liability. Yours r~.~ Ronald sinb~rely, Martinetti

Case 3:07-cv-02391-JAH-POR

Document 25
I.AW OFFICES

Filed 02/04/2008

Page 8 of 11

KAZANJIAN
PHILLIP RONALD WENDY C. KAZANJIAN

8

MARTINErn
AVENUE
TELEPHONE (818) 241-1011 FAX (818) 241-2193

520

EAST WILSON SUITE 250

MARTJNETTI L. COFFELT

ClENDAlE,

CAliFORNIA

91206

January

29,

2008

Mr. Adam Welland Latham & Watkins 12636 High Bluff Drive, San Diego, California

Suite 400 91230-2071 VIA

FAX AND US MAIL

Re: Dear

Georgia

Pacific

v.

Lee's

Gen.

Toys

Adam:

Thank you for yourlett,er of January 28. As you know, we have provided you with much of this information, viz., the distribution network, the current inventory, and the fact that there are no future shipments. In fact,-this latter information was provided to the court under oath. Also, your client knows that my client has applied for a federal trademark and, as I understand it, objected. There would be no rational reason why your client would need expedited discovery to discover whether any trademark applications are pending when this is public information. Moreover, we both know that any request for expedited discovery should have properly been made in the TRO (which was denied) . However, as a courtesy, we are willing to continue to cooperate with your client, though we str~ngly believe that there is no probability that Georgia-Pacific wil-l prevail in its request for a preliminary injunction.
I follow intend to up letter meet with my (again as a client courtesy) tomorrow and Thursday. will fax

you

a

Please expedited process.

note that discovery as

we will strongly unnecessary and

oppose a misuse

any request for of the discovery

Yours ~ Ronald

sincerely, MM\\\\\ Martinetti .

cc:

ML

Case 3:07-cv-02391-JAH-POR

Document 25
LAWOFFICES

Filed 02/04/2008

Page 9 of 11

KAZANJIAN
PHILLIP RONALD WENDY C. KAZANJIAN

§

MARTINElTI
AVENUE
TELEPHONE (818) 241-1011 FAX (818) 241-2193

520

EAST WILSON SUITE 250

MARTINETTI L. COFFELT

GLENDALE,

CAlIFORNIA

91206

January Mr. Adam Welland Latham & Watkins 12636 High Bluff Drive, suite 400 San Diego, California 91230-2071

31,

2008

vr/1.

FAX

AND

us.. MAIL

Dear

Adam:

Thank you for talking to me today. As I explained, my client firmly believes that there is no need for expedited discovery and that we have been cooper~ting as a courtesy (even though your client's request for a TRO was denied) .This cooperation is in an effort to minimize the expenses to both parties.
with regard to your letter that we have already provided As you also know, my client the 59,520 Angelite tissue inventory. The total number there is no way of my client's on the shelves. As for the (Angelite 500) trademark was application was the company was of January 28, 2008, please note you with the distribution network. has destroyed the outer wrapping of papers--and there is no add:Ltional of rol-ls sold is 233,280. However, knowing how many of these remain

trademark, a federal trademark was applied for in 2003 but this was abandoned by my client. A then applied for ("Arigerrt6)-:."i"n early 2007. This opposed by Christine Cason of Georgia Pacific and gi ven addi tional tiI!l,.e _to, file opposi tion papers .

Again, ments is cooperation Michelle vide them
As you mark the preliminary

I believe that Georgia Pacific's request for tax docutotally overbroad and oppressive (especially given the we have extended to you and your client) .However, is continuing to search f~r invoices and 00 shall we proas a courtesy.
know it is my P9sition that your company word angel--and since your case hangs and permanent injunction will be denied. Yours ~ Ronald sincerely, MMr(\1\' Martinetti cannot tradeon that, the

cc;ML

-",Ui..UUO USPTO

.Li:J.I

-O.:-",""'/"""J."' Trademark T.riaJ and Appcal

ri-t\w...rl...

,ur~

i-'~'.Jt:. Page 1 of

U3/1~

Case 3:07-cv-02391-JAH-POR

TTABVUE.

Document 25

Bo~lru Tnquiry

Filed 02/04/2008

Syste111

1. Page 10 of 11

United States Patent and Trademark

Office

Home I Site Index I Sear(;h IG\lide$1 Contacts! eBiJsin@ssl eBiz alert$1 Newsl H~lp

TTABVUE. Trademark

Trial and Appeal Board rnquiry System

v1_d.

Extension
Number: 77109596 Status: fIJotInstituted Opposition #: Defendant

of Ti me
Filing Status Date: Date: 12/20/2007 12/20/2007

Name: Lee's Gener:-alToys, Inc. Correspondence: 3rd Alternative P.O. Box 1818 Rancho Cucamongat CA 91729-1818 Ser-Ial #; 77109596 Applic:~~iC!nFi.le Application Status: Request For Exten51on of Time to File Opposition Morkl ANC5l.ITO Potantial Opposer NQrnel G~orglo racific Con~umer Produ~ts LP C;nclstine M. C~son Georaia-Peciflc Consumer Products LP 133 Peachtree Street NE Atlanta, GA 30303 {.;rrl(.;~~ol't@g~pcc.com To DatQ: 04109/2008 History Text

Corre5pondence:

Granted Prosecution # Date 2 1

HI5tory ..~~.T~l1.f(1.0.fj. TIME_GB.~~~-~ 9~ lNC.QMlli.G.~.~XT nME .rQ..QP.eQ.5.~._FJI,..~.P
07'1e PM

12/20/2007 12/20/2007
~5 Of 0' 130120C8

ResU~5

Search:
IINOEXI Se:A~CH I e!USINeSS I CONTACT US I PRIVACY~TA~M~NT

HOME

http:llttil

bvuc. u::;pto .goy ltta.bvuefv?qt=adv&procs1~tus~

A 11 &pno=&propno=

7

lJ30/2008

Case 3:07-cv-02391-JAH-POR

Document 25

Filed 02/04/2008

Page 11 of 11

1

PROOF OF SERVICE am employed in Los Angeles the age of eighteen years and not My business address is 520 East 91206. On this Plaintiff's
.by

2
3

I

County, a party Wilson

California; I am over to the within action. Glendale, California

4
5 6 7

date I served Declaration Ex Parte Application for
gelivery .,..,,~g~.,§

of R. Martinetti Expedited Discovery
"/ below)

opposing

person-9-1

x
by placing envelope with postage Post Office mail box a true\ copy thereot\ thereon fully prepaid, at Glendale, California, enclosed in a in the united addressed to: sealed states

8
9

10
11
ID O ('I "'

12 13

Stephen Swinton, Esq. Latham & Watkins 12636 High Bluff Drive, suite 400 San Diego, California 92130-2071 Tel. 858-523-5400 FAX 858-523-5450 and via FAX to counsel for Georgia-Pacific Consumer Prod.
(x)

z

cnj: ~ wD: z c) u< O~ ~Z «
.J., Z < N < ~

ii:~ LL

~ Z Ir 0 II) O "' " j iL = ,j J :-( ~ ~ )U ;- U . ) "' 11! 0( .J 111 -( O C 01 Z 11} 11! .J (9

"' :J z "'

14
15

16 17 18 19

(x) BY MAIL I sealed and placed such envelope for collection and mailing to be deposited in the mail on the same day in the ordinary course of business at Glendale, California. I am readily familiar with our law firm's practice of collecting and processing correspondence and documents for mailing. They are deposited with the u.s. Postal Service on the same day as dated, in the ordinary course-of-business-:
\ , , , (\

20
21

laws of foregoing (x)

(State) the State is true

I declare uhder penalty of California and the and correct.

of perjury United States

under that

the the

(Federal are also to be filed
of and

22 23 24 25
26

The papers
I that

via
perjury correct.

e-mail.
of the state of California

declare under the foregoing

penalty is true

Executed

this

February

3,

2008

at

Glendale,

California

91206

27 28
1

(
.~ , I~ ~, ..