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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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UZBL, LLC, a California Limited Case No.
13 Liability Company
COMPLAINT FOR INJUNCTION
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AND DAMAGES FOR:
Plaintiff,
1. PATENT INFRINGEMENT
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v. 2. COPYRIGHT INFRINGEMENT
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DEVICEWEAR, LLC, a Delaware 3. FEDERAL UNFAIR
17 Limited Liability Company; ROBERT COMPETITION [LANHAM ACT]
LODGE, an individual
18 4. VIOLATION OF CALIFORNIA
BUSINESS & PROFESSIONS CODE
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Defendants. 17200 ET. SEQ. AND 17500
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DEMAND FOR JURY TRIAL
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____________________________________________________________________________________________
COMPLAINT FOR INJUNCTION AND DAMAGES FOR PATENT
INFRINGEMENT ETC.
Case 8:17-cv-01978 Document 1 Filed 11/07/17 Page 2 of 15 Page ID #:2
1 this judicial district, the acts of infringement complained of herein occurred in the
2 State of California and in this judicial district, and Defendants have caused injury
3 to Plaintiff and their intellectual property within the State of California and in this
4 judicial district.
5 8. Venue is proper in this judicial district under 28 U.S.C. 1391(b)
6 and (c) and/or 1400 (a) and 1400(b) because it is the judicial district in which
7 DEFENDANTS reside and have committed acts of infringement and have a
8 regular and established place of business.
9 GENERAL ALLEGATIONS
10 9. UZBL is the assignee and owner of all rights, title and interest in U.S.
11 Design Patent No. D763,853 (the 853 patent), entitled Tablet Computer Case.
12 The 853 patent was duly and legally issued on August 16, 2016, by the United
13 States Patent and Trademark Office. A true and correct copy of 853 patent is
14 attached as Exhibit A. UZBL has retained all rights to enforce the 853 patent.
15 10. UZBL is the assignee and owner of all rights, title and interest in U.S.
16 Copyright Registration No. VA 1-912-803 (the 803 copyright), entitled
17 Shockwave Protective Case, for copyrighted photographs and 2-D artwork. The
18 803 copyright was duly and legally issued on July 2, 2014, by the United States
19 Copyright Office. A true and correct copy of the 803 copyright is attached as
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Exhibit B. UZBL has retained all rights to enforce the 803 copyright.
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11. DEFENDANTS do not have a license, permission or authority to use
22 the 853 patent or the 803 copyright and have never have had a license,
23 permission, or authority to use the 853 patent or the 803 copyright.
24 12. DEFENDANTS make, use, advertise, sale, offer for sale, import,
25 reproduce, make derivatives and/or distribute products that infringe the 853 patent
and 803 copyright, including the Caseiopeia
-3- KeepSAFE strap & KeepSAFE
____________________________________________________________________________________________
COMPLAINT FOR INJUNCTION AND DAMAGES FOR PATENT
INFRINGEMENT ETC.
Case 8:17-cv-01978 Document 1 Filed 11/07/17 Page 4 of 15 Page ID #:4
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Kick line of tablet computer case products (hereinafter accused devices). Upon
2 information and belief, the DEFENDANTS accused devices include, but are not
3 limited to, the sku model numbers attached as Exhibit C. These accused
4 devices infringe the 853 patent and infringes the 803 copyright, as set forth in
5 more detail below.
6 13. DEFENDANTS had actual notice of the subject matter invention
7 disclosed in the 853 patent and 803 copyright registration since at least as early
8 as July 2, 2014, resulting from a cease and desist letter UZBL sent to
9 DEFENDANTS. A true and correct copy of the July 2, 2014 cease and desist
10 letter is attached as Exhibit D.
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PIERCING CORPORATE VEIL & ALTER-EGO ALLEGATIONS
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14. Upon information and belief, Defendant DEVICEWEAR has not
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adhered to proper corporate and/or limited liability company formalities including
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but not limited to: failing to hold annual meetings, failing to keep accurate and
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detailed minutes of meetings, failing to adopt company bylaws; and failing to
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ensure officers or members adhered to the bylaws. In view of this, Defendant
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DEVICEWEARs limited liability/corporate protection veil should be pierced.
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15. Upon information and belief, Defendant ROBERT LODGE is the
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owner and managing member of DEVICEWEAR, and is in complete control of
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DEVICEWEAR. UZBL is informed and believes that under Defendant ROBERT
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LODGEs guidance and direction, DEVICEWEAR makes, imports, advertises,
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offers to sell, and/or sells within the United States, including in the State of
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California and this judicial district, infringing products incorporating UZBLs
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patented and copyrighted technology and design. In particular, Defendant
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____________________________________________________________________________________________
COMPLAINT FOR INJUNCTION AND DAMAGES FOR PATENT
INFRINGEMENT ETC.
Case 8:17-cv-01978 Document 1 Filed 11/07/17 Page 5 of 15 Page ID #:5
1 ROBERT LODGE personally attended business trade shows and other events
2 which he personally saw and/or obtained information and/or samples of UZBLs
3 patented and copyrighted products and personally oversaw the illegal and
4 unauthorized copying of UZBLs copyrighted protected works and the
5 manufacture, sale and/or distribution of infringing products. Defendant ROBERT
6 LODGE did so with wanton and reckless behavior to willfully infringe UZBLs
7 copyrighted and patented products. In view of this, Defendant ROBERT LODGE
8 is also personally liable for his participation and is merely an alter ego of
9 DEVICEWEAR.
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1 minimum, but are not necessarily limited to, the accused devices bearing the
2 product names Caseiopeia KeepSAFE strap & KeepSAFE Kick and sku model
3 numbers contained in Exhibit C.
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21. DEFENDANTS advertise, offer for sale, and/or facilitate the sale of
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its Caseiopeia KeepSAFE strap & KeepSAFE Kick infringing products on its
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website by providing detailed product descriptions, pricing information, and an
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online purchasing platform. DEFENDANTS further sell or facilitate the sale of
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infringing products by accepting payment from consumers. On information and
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belief, after receiving payment from consumers DEFENDANTS either pack and
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ship the infringing product itself or work with a third party to pack and ship the
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infringing product. A representative sample of infringing products are attached
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hereto as Exhibit E.
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22. An ordinary observer would conclude that the design of the infringing
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products is substantially similar to the design claimed in the 853 patent, because
15 both contain six (6) curved grooves on the back of the protective case, six (6)
16 distinctive oval-like design members which increase incrementally in size moving
17 away from the center, rounded edges at the corners, a center stand paddle-like arm
18 member containing two distinct lines; and four rounded edges. All of the above
19 features are purely design features which are aimed to increase the aesthetic
20 appearance and distinctive appearance of the invention disclosed in the 853
21 patent.
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23. DEFENDANTS had actual or constructive knowledge of UZBLs
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patent rights, knew or should have known that the advertisement, offer for sale,
24 exposure for sale, sale, and facilitating of sale of the infringing products would
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____________________________________________________________________________________________
COMPLAINT FOR INJUNCTION AND DAMAGES FOR PATENT
INFRINGEMENT ETC.
Case 8:17-cv-01978 Document 1 Filed 11/07/17 Page 7 of 15 Page ID #:7
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SECOND CAUSE OF ACTION
17 AGAINST ALL DEFENDANTS
18 (COPYRIGHT INFRINGEMENT)
19 27. UZBL incorporates by reference the paragraphs above as if set forth
20 herein.
21 28. The 803 copyright is valid and enforceable.
22 29. UZBL is the author and claimant, of all right, title and interest in and
23 to the 803 copyright registration.
24 30. UZBL has created original works of authorship in the photographs, 2-
25 D artwork as disclosed in its 803 copyright registration.
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____________________________________________________________________________________________
COMPLAINT FOR INJUNCTION AND DAMAGES FOR PATENT
INFRINGEMENT ETC.
Case 8:17-cv-01978 Document 1 Filed 11/07/17 Page 8 of 15 Page ID #:8
1 for laptop protective cases, and/or damages to UZBLs business reputation from
2 false customer belief that UZBL is associated with the infringing products.
3 45. As a direct and proximate result of the willful acts and conduct of
4 DEFENDANTS, UZBL has therefore been injured and will continue to suffer
5 irreparable injury to its business and reputation unless DEFENDANTS are
6 restrained by the Court from continuing such unlawful and unfair business
7 practices and acts of unfair competition.
8 46. DEFENDANTS acts have caused damage to UZBL, including
9 incidental and general damages, lost profits, and out-of-pocket expenses.
10 DEFENDANTS should therefore be required to disgorge and restore to UZBL all
11 lost profits, DEFENDANTS sales of infringing goods and other expenses as may
12 be incurred by UZBL.
13 47. Pursuant to 15 U.S.C. 1125, UZBL is entitled to enjoin these
14 practices.
15 FOURTH CAUSE OF ACTION
16 AGAINST ALL DEFENDANTS
17 (CALIFORNIA BUSINESS AND PROFESSIONS CODE
18 17200 et seq. and 17500)
19 48. UZBL incorporates by reference the paragraphs above as if set forth
20 herein.
21 49. As alleged above, DEFENDANTS have advertised, offered for sale,
22 sold, and/or facilitated the sale of its Caseiopeia KeepSAFE strap & KeepSAFE
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50. On information and belief, products sold under the Caseiopeia
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KeepSAFE strap & KeepSAFE Kick product line are a direct copy, or knock-
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____________________________________________________________________________________________
COMPLAINT FOR INJUNCTION AND DAMAGES FOR PATENT
INFRINGEMENT ETC.
Case 8:17-cv-01978 Document 1 Filed 11/07/17 Page 11 of 15 Page ID #:11
1 off, of UZBLs patented case line and were intentionally copied in an effort to
2 profit from UZBLs commercial success, good will, and business reputation.
3 51. These actions violate section 43(a) of the Lanham Act, 15 U.S.C.
4 section 1125(a), and therefore constitute unlawful conduct within the meaning of
5 California Business & Professions Code 17200.
6 52. These actions are also likely to deceive customers regarding the
7 origins of the Caseiopeia KeepSAFE strap & KeepSAFE Kick product line and
8 the connection of these products to UZBL and its Shockwave tablet computer
9 case line (See Exhibits A & B), and therefore constitute fraudulent business
10 practices within the meaning of California Business & Professions Code 17200.
11 53. As a direct and proximate result of the willful acts and conduct of
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DEFENDANTS, UZBL has been harmed and has suffered financial losses.
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Because each of the infringing products competes directly with UZBLs
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Shockwave product line (See Exhibits A & B) the unlawful and unfair sale of
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these infringing products (See Exhibits C & E ) has resulted in UZBLs loss of
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sales of its Shockwave tablet computer product line, erosion in the marketplace
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for tablet protective cases, and/or damages to UZBLs business reputation from
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false customer belief that UZBL is associated with the infringing products.
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54. As a direct and proximate result of the willful acts and conduct of
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DEFENDANTS, UZBL has therefore been injured and will continue to suffer
21 irreparable injury to its business and reputation unless DEFENDANTS are
22 restrained by the Court from continuing such unlawful and unfair business
23 practices and acts of unfair competition.
24 55. DEFENDANTS acts have caused damage to UZBL, including
25 incidental and general damages, lost profits, and out-of-pocket expenses.
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____________________________________________________________________________________________
COMPLAINT FOR INJUNCTION AND DAMAGES FOR PATENT
INFRINGEMENT ETC.
Case 8:17-cv-01978 Document 1 Filed 11/07/17 Page 12 of 15 Page ID #:12
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By: 4
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JOHN D. TRAN
12 Attorneys for Plaintiff
UZBL, LLC
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____________________________________________________________________________________________
COMPLAINT FOR INJUNCTION AND DAMAGES FOR PATENT
INFRINGEMENT ETC.
Case 8:17-cv-01978 Document 1 Filed 11/07/17 Page 15 of 15 Page ID #:15
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By: 4
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8 JOHN D. TRAN
Attorneys for Plaintiff
9 UZBL, LLC
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____________________________________________________________________________________________
COMPLAINT FOR INJUNCTION AND DAMAGES FOR PATENT
INFRINGEMENT ETC.
Case 8:17-cv-01978 Document 1-1 Filed 11/07/17 Page 1 of 7 Page ID #:16
EXHIBIT A
Case 8:17-cv-01978 Document 1-1 Filed 11/07/17 Page 2 of 7 Page ID #:17
Case 8:17-cv-01978 Document 1-1 Filed 11/07/17 Page 3 of 7 Page ID #:18
Case 8:17-cv-01978 Document 1-1 Filed 11/07/17 Page 4 of 7 Page ID #:19
Case 8:17-cv-01978 Document 1-1 Filed 11/07/17 Page 5 of 7 Page ID #:20
Case 8:17-cv-01978 Document 1-1 Filed 11/07/17 Page 6 of 7 Page ID #:21
Case 8:17-cv-01978 Document 1-1 Filed 11/07/17 Page 7 of 7 Page ID #:22
Case 8:17-cv-01978 Document 1-2 Filed 11/07/17 Page 1 of 2 Page ID #:23
EXHIBIT B
Case 8:17-cv-01978 Document 1-2 Filed 11/07/17 Page 2 of 2 Page ID #:24
Case 8:17-cv-01978 Document 1-3 Filed 11/07/17 Page 1 of 2 Page ID #:25
EXHIBIT C
ACCUSED DEVICES (Caseiopeia KeepSAFE Strap & KeepSAFE Kick)
MANUFACTURER SKUS
KSK-IPA2
KSK-IPA2-BLK
KSK-IPA2-WHT
KSK-IPA2-ORN
KSK-IPA2-PNK
KSK-IPA2-RED
KSK-IPA2-LBLU
KSK-IPA2-BLU
KSK-IPA2-PUR
KSK-IP4
KSK-IP4-BLK
KSK-IP4-WHT
KSK-IP4-ORA
KSK-IP4-PNK
KSK-IP4-RED
KSK-IP4-LBLU
KSK-IP4-BLU
KSK-IP4-PUR
KSK-IPMR
KSK-IPMR-BLK
KSK-IPMR-WHT
KSK-IPMR-ORA
KSK-IPMR-PNK
KSK-IPMR-RED
KSK-IPMR-LBLU
KSK-IPMR-BLU
KSK-IPMR-PUR
KSS-IPMR
KSS-IPMR-BLK
KSS-IPMR-WHT
KSS-IPMR-ORA
KSS-IPMR-PNK
KSS-IPMR-RED
KSS-IPMR-LBLU
Case 8:17-cv-01978 Document 1-3 Filed 11/07/17 Page 2 of 2 Page ID #:26
KSS-IPMR-BLU
KSS-IPMR-PUR
KSK-IPA
KSK-IPA-BLK
KSK-IPA-WHT
KSK-IPA-ORN
KSK-IPA-PNK
KSK-IPA-RED
KSK-IPA-LBLU
KSK-IPA-BLU
KSK-IPA-PUR
KSS-IPA
KSS-IPA-BLK
KSS-IPA-WHT
KSS-IPA-ORN
KSS-IPA-PNK
KSS-IPA-RED
KSS-IPA-LBLU
KSS-IPA-BLU
KSS-IPA-PUR
Case 8:17-cv-01978 Document 1-4 Filed 11/07/17 Page 1 of 5 Page ID #:27
EXHIBIT D
Case 8:17-cv-01978 Document 1-4 Filed 11/07/17 Page 2 of 5 Page ID #:28
July 2, 2014
Robert Dodge
Device Wear
4470 Yankee Hill Rd.
Rocklin, CA 95677
Our firm represents UZBL LLC (herein collectively UZBL) with regard to
enforcement of its intellectual property rights. UZBL is the owner of intellectual property
covering its line of iPad protective cases. It has come to our attention that Devicewear
is currently selling a line of similar iPad protective cases that may be infringing one or
more of UZBLs intellectual property rights.
Under the applicable federal laws, patent and copyright infringement are strict
liability torts and thus infringement can occur intentionally or accidentally. Under the
circumstances, your continued sale of these products is unlawful and actionable under
both federal and state laws, including claims of patent infringement, copyright
infringement, unfair competition, false designation of origin and/or unfair business
practices. Accordingly, a court may prevent you from selling and using the accused
products by entering an injunction against you, and may require you to pay monetary
damages, including UZBLs lost profits and a disgorgement of your profits, as well as our
attorney fees and costs in pursuing this matter.
Devicewear
Page 2
July 2, 2014
__________________________________________
(1) Immediately stop any and all selling, manufacturing, distributing and/or
using Devicewears accused device product line shown in Exhibit A and
any other Devicewears products that are substantially similar to these
accused devices.
(2) Immediately stop any and all advertising, promoting, or marketing the
said accused device line shown in Exhibit A and any other Devicewear
products that are substantially similar to these accused devices;
Should you fail or refuse to comply with the demands set forth, UZBL has
authorized us to take all appropriate steps to protect its rights. In addition, should UZBL
be required to pursue its claim in a legal action, we will move for sanctions, including all
attorneys fees and costs at the completion of this matter. Please further be advised that
any continued sale or use of the accused products after the receipt of this letter will
subject you to claims of willful infringement and a claim for enhanced damages.
Please respond within 14 days of this letter in regards to your intended course of
action. If you have questions, please contact us, otherwise, we expect and appreciate full
cooperation from you in this matter and look forward to reaching an amicable resolution
for all parties involved.
Sincerely,
4
John D. Tran
jdt@rhemalaw.com
949-852-4430
Case 8:17-cv-01978 Document 1-4 Filed 11/07/17 Page 4 of 5 Page ID #:30
EXHIBIT A
UZBL Shockwave vs Devicewear Accused Devices
Case 8:17-cv-01978 Document 1-4 Filed 11/07/17 Page 5 of 5 Page ID #:31
vs.
vs.
EXHIBIT E
Case 8:17-cv-01978 Document 1-5 Filed 11/07/17 Page 2 of 6 Page ID #:33
Case 8:17-cv-01978 Document 1-5 Filed 11/07/17 Page 3 of 6 Page ID #:34
Case 8:17-cv-01978 Document 1-5 Filed 11/07/17 Page 4 of 6 Page ID #:35
Case 8:17-cv-01978 Document 1-5 Filed 11/07/17 Page 5 of 6 Page ID #:36
Case 8:17-cv-01978 Document 1-5 Filed 11/07/17 Page 6 of 6 Page ID #:37