Case 3:14-cv-07770-PGS-LHG Document 16 Filed 02/05/15 Page 1 of 34 PageID: 63 Karen A. Confoy, Esq. Christopher R. Kinkade, Esq. FOX ROTHSCHILD LLP Princeton Pike Corporate Center 997 Lenox Drive, Building 3 Lawrenceville, NJ 08648-2311 Telephone: (609) 896-3600 Facsimile: (609) 896-1469 Email:
[email protected] [email protected] Jonathan D. Pressment, Esq. (Admitted Pro Hac Vice) HAYNES AND BOONE, LLP 30 Rockefeller Plaza, 26th Floor New York, NY 10112 Telephone: (212) 659-7300 Facsimile: (212) 918-8989 Email:
[email protected] Attorneys for Defendant America Can! UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY KARS 4 KIDS INC., Civil Action No. 3:14-cv-07770-PGS-LHG Plaintiff, v. AMERICA CAN!, Defendant. AMERICA CAN!’S ANSWER AND COUNTERCLAIMS America Can! (“America Can!”), by its attorneys, Haynes and Boone, LLP and Fox Rothschild LLP, for its Answer to the Complaint filed by plaintiff Kars 4 Kids Inc. (“Kars” or 1 Case 3:14-cv-07770-PGS-LHG Document 16 Filed 02/05/15 Page 2 of 34 PageID: 64 “Plaintiff”) in this action, states on knowledge as to its own acts and on information and belief as to all other matters except as indicated otherwise as follows: 1. In as much as a portion of Paragraph 1 of the Complaint attempts to characterize the nature of the action and the claims set forth in the Complaint, no response is required. To the extent a response to Paragraph 1 is required, America Can! denies each and every allegation contained in Paragraph 1 of the Complaint, except refers to the content of