Case 2:17-cv-05958-JAK-KS Document 1 Filed 08/10/17 Page 1 of 10 Page ID #:1

Tommy Wang (SBN: 272409)

1
Leontyne Fan (SBN: 285042)
2 Jonathan Fang (SBN: 279106)
WANG IP LAW GROUP, P.C.
3
18645 E. Gale Ave., Suite 205
4 Industry, CA 91748
Telephone: (888) 827-8880
5 Facsimile: (888) 827-8880
6 Email: twang@thewangiplaw.com, lfan@thewangiplaw.com

7 Attorneys for Plaintiff

Peter Kao
8
UNITED STATES DISTRICT
9 CENTRAL DISTRICT OF CALIFORNIA
10 PETER KAO, an individual, Case No.: 2:17-cv-5958
11
Plaintiff, PLAINTIFFS COMPLAINT FOR
12 DAMAGES AND PERMANENT
vs. INJUNCTION FOR:
13
1. DESIGN PATENT
14 BD RESTAURANT GROUP dba MJ INFRINGEMENT
CAFE & TEAHOUSE, a California
15 corporation; NEW TAIWAN TRADING
CORP. dba NT FOODS, a California
16
corporation; INDEE INC. dba INDEE
17 PACKAGING, a California corporation;
and Does 1 to 100, inclusive,
18 Defendants.
19

20 PLAINTIFF PETER KAO (hereinafter Plaintiff) hereby files this

21 Complaint against the Defendants BD RESTAURANT GROUP dba MJ CAFE &
22 TEAHOUSE, NEW TAIWAN TRADING CORP. dba NT FOODS, INDEE INC.
23 dba INDEE PACKAGING, and Does 1 to 100 (collectively, Defendants), and
24 alleges as follows:
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COMPLAINT
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1 INTRODUCTION
2 1. This action concerns Defendants willful and blatant infringement of
3 Plaintiffs protectable rights in and to the design patent of Plaintiffs light bulb
4 shaped drinking bottle. Plaintiff seeks damages, attorneys fees, costs, pre-
5 judgment and post-judgment interest, and preliminary and permanent injunctive
6 relief.
7 JURISDICTION AND VENUE
8 2. This action arises under 35 U.S.C. 271 and 281. This Court has
9 original jurisdiction over the subject matter of this action pursuant to 28 U.S.C.
10 1331 and 28 U.S.C. 1338.
11 3. This Court has personal jurisdiction over Defendants, because
12 Defendants have a continuous, systematic, and substantial presence within this
13 judicial district including the selling and offering for sale infringing products in
14 this judicial district, and by committing acts of infringement in this judicial district,
15 including but not limited to selling infringing products directly to consumers
16 and/or retailers in this district and selling into the stream of commerce knowing
17 such products would be sold in California and this district, which acts form a
18 substantial part of the events or omissions giving rise to Plaintiffs claim.
19 4. Venue is proper in this judicial district under 28 U.S.C. 1391(b)
20 and 1400(b), as Defendants have committed acts of infringement in this district.
21 THE PARTIES
22 5. Plaintiff PETER KAO is an individual residing in Los Angeles
23 County, California.
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COMPLAINT
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1 6. Plaintiff is informed and believes, and thereon alleges, that Defendant

2 BD RESTAURANT GROUP dba MJ CAFE & TEAHOUSE (MJ Caf) is a
3 corporation organized and existing under the laws of the state of California, having
4 its principal place of business at 18851 Aldridge Place, Rowland Heights, CA
5 91748.
6 7. Plaintiff is informed and believes, and thereon alleges, that Defendant
7 NEW TAIWAN TRADING CORP. dba NT FOODS (NT Foods) is a
8 corporation organized and existing under the laws of the state of California, having
9 its principal place of business at 4340 N Baldwin Ave., El Monte, CA 91731.
10 8. Plaintiff is informed and believes, and thereon alleges, that Defendant
11 INDEE INC. dba INDEE PACKAGING (Indee) is a corporation organized and
12 existing under the laws of the state of California, having its principal place of
13 business at 100 N. Citrus Street, Suite 415, West Covina, CA 91791.
14 9. Plaintiff does not know the true names, identities and capacities of
15 Defendants sued herein as DOES 1 to 100, and therefore sues these Defendants by
16 such fictitious names. At such time as Plaintiff learns the true names, identities,
17 and capacities of Defendants DOES 1 to 100, Plaintiff will amend this Complaint
18 to reflect such names and capacities.
19 10. Plaintiff is informed and believes, and thereon alleges that Defendants
20 have committed the acts alleged herein within this judicial district.
21 GENERAL ALLEGATIONS
22 11. The Plaintiffs bottle designed to mimic the classic light bulb (Light
23 Bulb Design) of one of Plaintiffs innovative designs.
24

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COMPLAINT
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1 12. Plaintiffs Light Bulb Design is protected by United States Design

2 Patent No. D577,601S (601 Patent), which was duly and lawfully issued by the
3 United States Patent and Trademark Office (USPTO) on September 30, 2008.
4 Plaintiff is the true owner of all rights, title, and interest in the 601 Patent that
5 encompasses the Light Bulb Design. A true and correct copy of the 601 Patent is
6 attached hereto as Exhibit 1.
7 13. Plaintiffs Light Bulb Design is distinctively designed with the
8 following features to mimic the look and feel of a classic A type light bulb: 1)
9 pear shaped form; 2) bulbous bottom; 3) narrow neck; and 4) a threaded top to
10 fasten a screw cap. The above-described characteristics and design together
11 constitute the Plaintiffs 601 Patent, in which Plaintiff owns protectable rights.
12 14. The success and novelty of the 601 Patent prompted third parties,
13 including Defendants to manufacture and/or distribute blatant counterfeits of
14 Plaintiffs innovative design to compete with and infringe the 601 Patent.
15 15. In or around July 2017, Plaintiff discovered that Defendants
16 manufactured and/or offered for sale, nearly identical copies of Plaintiffs Light
17 Bulb Design (Infringing Products), which is the subject matter of the 601 Patent.
18 A true and correct copy of Defendants advertisements is attached hereto as
19 Exhibit 2.
20 16. Upon information and belief, Plaintiff alleges that Defendants
21 Infringing Products were, and still are manufactured, distributed, and/or offered for
22 sale using a substantially similar design, characteristic, and size as Plaintiffs 601
23 Patent.
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COMPLAINT
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1 17. Plaintiff is informed and believes that Defendants were aware of

2 Plaintiffs rights before it began its infringing activity, and that Defendants use
3 and infringement is therefore willful.
4 FIRST COUNT
5 Design Patent Infringement
6 (Pursuant to 35 U.S.C. 271)
7 18. Plaintiff re-alleges and incorporates by reference each and every
8 allegation set forth in paragraphs 1-17 above.
9 19. Defendants, through its agents, employees, and representatives, have
10 directly infringed, and continue to directly infringe the 601 Patent under 35 U.S.C.
11 271.
12 20. Defendant MJ Caf, through its agents, employees, and
13 representatives has, and continue to knowingly, intentionally, and willfully infringe
14 the 601 Patent by selling, offering for sale, and/or importing Infringing Products
15 such as Boba Bulb that, without the cap, would appear to an ordinary observer to
16 be substantially similar to the claim of the 601 Patent as shown below.
17
Infringing Product U.S. Design Patent No. D577,601
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COMPLAINT
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1 21. Defendants Indee and NT Foods, through its agents, employees, and
2 representatives has, and continue to knowingly, intentionally, and willfully infringe
3 the 601 Patent by making, using, selling, offering for sale, and/or importing
4 Infringing Products such as Indees Bulb P.E.T. Cup distributed by Defendant
5 NT Foods that would appear to an ordinary observer to be substantially similar to
6 the 601 Patent as shown below.
7
Infringing Product U.S. Design Patent No. D577,601
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22. Defendants undertook their acts of infringement of the 601 Patent
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without permission or license.
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COMPLAINT
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1 23. Upon information and belief, Defendants had actual knowledge of

2 Plaintiffs right in the design claimed in the 601 Patent. Defendants Infringing
3 Products are a nearly identical copy of Plaintiffs design. Defendants actions
4 constitute willful and intention infringement of the 601 Patent. Defendants
5 infringed the 601 Patent with reckless disregard for Plaintiffs patent rights.
6 Defendants knew, or it was so obvious that Defendants should have known, that
7 their actions constituted infringement of the 601 Patent. Defendants acts of
8 infringement of the 601 Patent were not consistent with the standards of
9 commerce for its industry.
10 24. As a direct and proximate result of Defendants acts of infringement,
11 Defendants have derived and received gains, profits, and advantages in an amount
12 that is not presently known to Plaintiff.
13 25. Pursuant to 35 U.S.C. 284, Plaintiff is entitled to damages for
14 Defendants infringing acts and treble damages together with interest and cost as
15 fixed by this court.
16 26. Pursuant to 35 U.S.C. 285, Plaintiff is entitled to reasonable
17 attorneys fees for the necessity of bringing this claim.
18 27. Pursuant to 35 U.S.C. 289, Plaintiffs are entitled to recover
19 Defendants total profits from Defendants infringement.
20 28. Due to the aforesaid infringing acts, Plaintiff has suffered great and
21 irreparable injury, for which Plaintiff has no adequate remedy at law.
22 29. Defendants will continue to infringe Plaintiffs patent rights and
23 Plaintiff will continue to suffer irreparable harm unless enjoined by this Court.
24 //
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COMPLAINT
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1 DEMAND FOR JURY TRIAL

2 30. Plaintiff hereby demands a jury trial on all claims, damages, and any other
3 issues presented herein that are triable to a jury.
4

6 PRAYER FOR RELIEF

7 WHEREFORE, Plaintiff demands entry of a judgment against the Defendants
8 as follows:
9 1. For a judgment declaring that Defendants infringed on Plaintiffs 601
10 Patent under 35 U.S.C. 271;
11 2. For a judgment declaring that Defendants willfully and deliberately
12 infringed Plaintiffs 601 Patent;
13 3. For a preliminary and permanent injunction enjoining Defendants, its
14 respective officers, directors, agents, servants, employees, attorneys, and those
15 persons in active concert or participation with Defendant, from making, using,
16 selling, offering to sell, and/or import the Infringing Products and any products
17 that are not colorably different therefrom, and from infringing the 601 Patent in
18 violation of 35 U.S.C. 271;
19 4. For an order requiring Defendants to deliver and be impounded during
20 the pendency of this action all material in Defendants possession, custody or
21 control that include or incorporate products that infringe Plaintiffs 601 Patent
22 rights, including but not limited to, any products, containers, packages, labels and
23 advertisements in their possession or under their control utilizing Plaintiffs
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COMPLAINT
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1 design patent, or any simulation, reproduction, counterfeit, copy, or colorable

2 imitation thereof;
3 5. Directing that the Defendants report to this Court within thirty (30)
4 days after a permanent injunction is entered to show its compliance with
5 paragraphs 3 and 4 above;
6 6. Directing such other relief as the Court may deem appropriate to
7 prevent the trade and public, or individual members thereof, from gaining the
8 erroneous impression that the Plaintiff authorized or approved any products
9 manufactured, sold, or otherwise circulated or promoted by the Defendants or that
10 such products are in any way related to the Plaintiff;
11 7. For all gains, profits and advantages derived by Defendants by
12 Defendants infringement of the 601 Patent in violation of 35 U.S.C. 271, and
13 the Defendants pay to Plaintiff all damages suffered by Plaintiff and/or
14 Defendants total profits from such infringement pursuant to 35 U.S.C. 284 and
15 289;
16 8. Ordering an independent accountant to conduct an accounting of all of
17 Defendants financial records relating to the infringing activities in order to
18 determine the sums of money owed to Plaintiff. Upon a determination of sums
19 due to Plaintiff, demand is made that those sums be paid to Plaintiff;
20 9. For a judgment awarding Plaintiff compensatory damages as a result of
21 Defendants infringement of Plaintiffs 601 Patent, together with interest and
22 costs, and in no event less than a reasonable royalty;
23 10. For judgment awarding Plaintiff treble damages and/or exemplary
24 damage because of Defendants willful conduct pursuant to 35 U.S.C. 284;
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COMPLAINT
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1 11. Awarding to the Plaintiff its reasonable attorneys fees and

2 investigative fees pursuant to 35 U.S.C. 285;
3 12. Awarding to the Plaintiff its pre-judgment and post-judgment interest
4 and costs in bringing this action against Defendants; and
5 13. Awarding other such relief to the Plaintiff as this Court deems just.
6

7 DATED: 08/10/2017 Respectfully submitted,

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Attorney for Peter Kao
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COMPLAINT
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Exhibit 1
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Case 2:17-cv-05958-JAK-KS Document 1-1 Filed 08/10/17 Page 4 of 7 Page ID #:14
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Exhibit 2
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