Case 1:11-cv JRH -WLB Document 1 Filed 07/21/11 Page 1 of 6

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1 Case 1:11-cv JRH -WLB Document 1 Filed 07/21/11 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION BONRO MEDICAL, INC., Plaintiff, V. LffiERTY MEDICAL SUPPLY, INC. Defendant CASE NO. 'V111 ' COMPLAINT FOR DAMAGES AND FOR PRELIMINARY AND PERMANENT INJUNCTION NOW COMES Plaintiff named above and for this its complaint against Defendant named above shows as follows: JURISDICTION AND VENUE 1. This action is brought under the federal Lanham Act, Chapter 22 of Title 15 of the United States Code, and in particular pursuant to 15 U.S.C. Section 1121 and also pursuant to 15 U.S.C. Section 1125, and under the common law of Georgia, for trademark infringement. This Court has jurisdiction over this action pursuant to 15 U.S.C. Section 1121 and 28 U.S.C. Sections 1331, 1332 and The amount in controversy herein exceeds the sum of $75,000 exclusive of interest and costs. 2. Plaintiff is a corporation organized and existing under the laws of the State of Georgia with its sole office and place of doing business at Evans, Georgia, within the Southern District of Georgia. 4. Defendant is a Florida corporation which is not registered to do business with the Secretary of State of the State of Georgia and does not have an registered agent for service of process in the State of Georgia, but which is doing business in interstate commerce with and

2 Case 1:11-cv JRH -WLB Document 1 Filed 07/21/11 Page 2 of 6 within the State of Georgia, and engages in acts substantially affecting interstate commerce with and within the State of Georgia, and is subject to the jurisdiction of this Court pursuant to O.C.G.A. Section 9-1O-91(a, in that it is transacting and has transacted business within the State of Georgia, in that it has committed and is committing tortious acts within the State of Georgia, and in that it has committed and is committing tortious injuries within the State of Georgia which have been and are being caused by acts outside the State of Georgia and Defendant regularly does and solicits business, engages in other persistent courses of conduct and derives substantial revenue from goods consumed within the State of Georgia. 5. Venue of this action is proper in this Court pursuant to 28 U.S.C. Section 1391, in that a substantial part of the acts or omissions giving rise to the claim occurred in this District and further in that Defendant is subject to the personal jurisdiction of the State of Georgia. FACTS 6. Plaintiff is the exclusive manufacturer and distributor in the United States of America of a male enhancement device known as the "Vacurect". Plaintiff has acquired and developed the trademarks and tradenames "Vacurect," "Bonro" and "Bonro Medical" (the "Trademarks" and is exclusively entitled to the use and benefit of the Trademarks. Plaintiff has applied for registration of the Trademarks pursuant to the Lanham Act. 7. Defendant sells a device competing with the "Vacurect" 8. Defendants have purchased advertisements displayed in the Internet using the words "Vacurect," "Bonro," and/or "Bonro Medical," and have caused the same to be displayed to persons throughout the United States, including the State of Georgia, with the purpose and intent of causing Plaintiff's customers to believe they are searching for Plaintiff's products.

3 Case 1:11-cv JRH -WLB Document 1 Filed 07/21/11 Page 3 of 6 9. Defendant has falsely informed persons responding to such advertisements, including persons within the State of Georgia, that such persons can and will receive the "Vacurect" product and, in response to sales orders made by such persons deceived in the belief that they will receive the "Vacurect" product, have in fact provided such persons with the competing product sold by Defendant. 10. Plaintiff has been damaged by Defendant's actions as alleged above in an amount greater than $75,000 exclusive of interest and costs. 11. In connection with the above, Defendant has acted willfully and wantonly and with the specific intent to cause harm to Plaintiff. 12. In connection with the above, Defendant has acted in bad faith, has been stubbornly litigious and has caused Plaintiff unnecessary trouble and expense. COUNT ONE 13. Defendant's actions as alleged above violate the Lanham Act and specifically 15 U.S.C. Section 1125, in that they constitute the use, in commerce and in connection with goods, of a word, term, name, symbol or device, and a combination thereof, and a false and misleading representation of fact, which is likely to cause confusion and mistake and to deceive as to the affiliation, connection, or association of Defendant with Plaintiff, and as to the origin, sponsorship and approval of Defendant's product with the product sold by Plaintiff, and in fact such confusion, mistake and deceit has occurred. COUNT TWO 14. Defendant's actions as alleged above are in violation of Plaintiffs rights under the common law of Georgia, whereby Plaintiff has been injured. COUNT THREE

4 Case 1:11-cv JRH -WLB Document 1 Filed 07/21/11 Page 4 of Plaintiff's injury is continuing and irreparable, such that it cannot be redressed completely by an award of money damages. 16. Plaintiff is entitled to a temporary restraining order, a preliminary injunction and a permanent injunction restraining and enjoining Defendant and all persons acting in concert with Defendant from the use by any means of the words "Bonro," "Bonro Medical" and "Vaeurect" in advertising, including but not limited to the display of advertisements on the Internet using either of such words or any language confusingly similar thereto, and further restraining and enjoining Defendant and all persons acting in concert with Defendant from representing to any person that Defendant can or will supply the "Vacureet" product. WHEREFORE, Plaintiff demands trial byjury and seeks relief as follows: 1. that a preliminary and permanent injunction against Defendant and all others acting in concert with it, in the terms stated above. 2. for such actual damages as the evidence shall show, including but not limited to an amount equal to all gross profits of Defendant resulting from acts alleged; 3. for punitive damages; 4. for reasonable attorneys' fees and expenses of litigation; 5. for all costs of court; and 6. for such other and further relief as is necessary and equitable.

5 Case 1:11-cv JRH -WLB Document 1 Filed 07/21/11 Page 5 of 6 July 21, 2011 s/ Charles C. Stebbins, 111 Charles C. Stebbins, 111 Georgia Bar No.: sllarnes S. Murray James S. Murray Georgia Bar No.: Attorneys for Plaintiff WARLICK, TRITT, STEBB1NS & MURRAY, LLP Post Office Box 1495 Augusta, Georgia Telephone: ( Facsimile: (

6 Case 1:11-cv JRH -WLB Document 1 Filed 07/21/11 Page 6 of 6 STATE OF GEORGIA VERIFICATION RICHMOND COUNTY Personally before the undersigned, an Officer duly authorized by law to administer oaths, appeared George P. Roese, 111, President of Bonro Medical, Inc., who, after being duly sworn, on oath states that to the extent the foregoing complaints and allegations are within his knowledge, and to the extent he is relying upon information provided to him by others and upon diligently researching the facts, he believes the allegations to be true. Sworn and subscribed before me this My commission expires: NOTARY PUBLIC COLUMBIA CO. QA MY COMSSCN XRS T-16-2O12 George 15. President