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INVICTA’S ACTS OF INFRINGEMENT
19. On June 3, 2009, Invicta’s C.E.O., Eyal Lalo (“Lalo”), e-mailed Plasticase
requesting that Plasticase provide a quote and samples for storage cases in two (2) sizes suitable
for storage of 4 and 12 watches respectively. In subsequent discussions with Invicta, Lalo
provided further specifications for the requested cases.
20. On June 12, 2009, Plasticase provided Invicta with a price quote for the
manufacture of customized NANUKTM model 905 and 915 cases meeting Invicta’s requested
21. On June 15, 16 and 30, 2009, Plasticase mailed sample cases to Invicta meeting
the requested specifications. Except for the printing of Invicta’s logo on the lid of the sample
cases, and custom foam inserts inside the cases, the sample cases were identical to NANUKTM
model 905 and 915 cases sold commercially by Plasticase.
Case 0:10-cv-60524-WJZ Document 1 Entered on FLSD Docket 04/06/2010 Page 4 of 10
LOTT & FRIEDLAND, P.A. • 355 Alhambra Circle • Suite 1100 • Coral Gables, Florida 33134
(305) 448-7089 • (305) 446-6191 Fax
22. Plasticase received no further communications from Invicta in connection with
the price quotation or sample cases and assumed that Invicta had decided not to order its cases.
23. On or about January 27, 2010, Plasticase received a communication from one of
its United States clients expressing congratulations after having seen two of Plasticase’s cases
being offered for sale by Invicta through the ShopNBC television shopping channel and
ShopNBC’s website found at <www.shopnbc.com>.
24. Upon receipt of this communication, Plasticase verified that Invicta was offering
for sale cases identical to Plasticase’s NANUKTM models 905 and 915 through ShopNBC’s
television channel and internet website. True and correct copies of pages from ShopNBC’s
website offering for sale NANUKTM models 905 and 915 cases are attached as Exhibit “D”
25. Plasticase has since also confirmed that Invicta has advertised for sale, in its own
catalogs cases identical to Plasticase’s NANUKTM models 905 and 915. True and correct copies
of pages from Invicta’s catalog offering for sale cases identical to Plasticase’s NANUKTM
models 905 and 915 are attached as Exhibit “E” hereto.
26. On January 27 and February 1, 2010, Plasticase contacted Lalo to inquire whether
an order for NANUKTM cases would be forthcoming from Invicta.
27. On February 2, 2010, Lalo e-mailed Plasticase to advise that Invicta would be
“passing on the opportunity.”
28. On information and belief, shortly after receiving the sample cases fromPlasticase in June 2009, Invicta forwarded the sample cases to a manufacturer in China and requested that knock-off copies of the sample cases be manufactured for Invicta.
29. Invicta has caused the Chinese manufacturer to produce tens of thousands of the
30. Invicta imported, or caused to be imported on its behalf and for its benefit, tens of
thousands of the knock-off cases into the United States.
31. Invicta has offered for sale and sold the knock-off cases throughout the United
States, including within this District.
32. On information and belief, Invicta has sold the knock-off cases throughout the
United States with actual knowledge that they would be re-sold to consumers in the United
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