Happy Baby v. Sakura Bloom - Complaint

Case 2:18-cv-00960-EJF Document 2 Filed 12/19/18 Page 2 of 14
Clinton E. Duke (9784)

Sarah W. Matthews (13295)
DURHAM JONES & PINEGAR, P.C.
111 S. Main Street, Suite 2400
Salt Lake City, Utah 84111
Telephone (801) 415-3000
Facsimile (801) 415-3500
cduke@djplaw.com
smatthews@djplaw.com
Attorneys for Plaintiff Happy Baby, LLC
IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF UTAH
CENTRAL DIVISION
HAPPY BABY, LLC, a Utah limited liability

company, and MARY ELIZABETH YOUNG, a COMPLAINT FOR PATENT
Utah resident, INFRINGEMENT, TRADE DRESS
INFRINGEMENT, AND UNFAIR
Plaintiffs, COMPETITION
vs. Case No. 2:18-cv-00960-EJF

Sakura Bloom, LLC, a California limited liability
corporation, Magistrate Judge Evelyn J. Furse
Defendant.
JURY TRIAL DEMANDED
Plaintiff Happy Baby, LLC and Mary Elizabeth Young (“Happy Baby” or “Plaintiff”),
hereby file this Complaint against Defendant Sakura Bloom, LLC (“Sakura Bloom” or
“Defendant”), complaining and alleging as follows:
PARTIES
1. Happy Baby, LLC is a Utah limited liability corporation with its principal place of
business in South Jordan, Utah.
SLC_3964339.1
2. Mary Elizabeth Young is a resident of South Jordan, Utah.
3. On information and belief, Sakura Bloom is a California limited liability company
with its principal place of business at 1403 South Coast Hwy, Oceanside, CA 92054.
JURISDICTION AND VENUE
4. This is an action for patent infringement arising under the patent laws of the
United States, 35 U.S.C. § 1, et. seq., including 35 U.S.C. § 271, and under the trademark laws of
the United States, Title 15 of the United States Code. This Court has subject matter jurisdiction
under 28 U.S.C. § 1331 and §§ 1338(a).
5. Defendant Sakura Bloom is subject to this Court’s specific and general personal
jurisdiction pursuant to due process and/or the Utah Long Arm Statute, due at least to its
substantial business in this forum, including its targeting of distributors in this forum to sell its
infringing baby carriers, and targeting and working with marketing bloggers in this forum to
advertise and promote its infringing baby carriers. Sakura Bloom actively targets and sells its
infringing products through the store “The Baby Cubby” located in this district at 586 North 900
West, American Fork, UT 84003, as well as Sprouts located in this district at 2720 S. West
Temple Salt Lake City, UT 84115. Sakura Bloom has further committed acts of patent
infringement in this State and judicial district.
6. On information and belief, venue is proper in this judicial district pursuant to 28
U.S.C. §§ 1391(b)-(d) and 1400(b). Certain of the acts giving rise to the claims alleged herein
occurred in this judicial district. Defendant Sakura Bloom has committed acts of infringement in
this judicial district by, among other things, selling, and offering for sale infringing products in
this judicial district.
SLC_3964339.1
GENERAL ALLEGATIONS
Development and Success of Happy® Brand Baby Carrier
7. Happy Baby re-alleges and incorporates by reference each and every allegation
made in the prior paragraphs as though they were fully set forth herein.
8. Mary Elizabeth Young is the founder and CEO of Happy Baby, LLC. Ms. Young
founded Happy Baby, LLC in 2011 and first began selling wrap-style carriers. As a mother and
caregiver of young children, Ms. Young had substantial opportunities to use many different baby
carriers available on the market. As Ms. Young tried the available carriers, she was dissatisfied
as many did not provide the proper support for the baby nor the caregiver, many were difficult to
use, and the overall look of the carriers was generally bulky, complicated, and unrefined.
9. Ms. Young took her experience and spent a substantial amount of time and money
inventing a new design for a baby carrier. Ms. Young obtained a patent for her new design, and
also began selling the carriers through her company Happy Baby, LLC. Happy Baby, LLC is the
exclusive licensee of Ms. Young’s patent, U.S. Patent No. D835,902 (“the ’902 Patent”). The
’902 Patent is directed to a novel design for a baby carrier. A true and correct copy of the ’902
Patent is attached as Exhibit A.
10. Happy Baby’s unique and sophisticated baby carriers have been a commercial
success. The patented baby carriers are sold in all 50 states and abroad under the brand Happy®.
11. Happy Baby has invested substantial amounts of money and time in the creation,
acquisition, and protection of its intellectual rights related to the patented Happy® carrier,
including its trade dress and trademarks. The distinctive and simple design of the Happy® carrier
constitutes Happy Baby’s trade dress. As a result of the unique look of the Happy® carrier and
SLC_3964339.1
the extensive sales and promotions done by Happy Baby, the patented Happy® carrier became
closely associated with Happy Baby. Customers now identify Happy Baby as the source of the
patented Happy® carrier.
Sakura Bloom’s Infringement of Happy Baby’s Patent and Trade Dress
12. Defendant Sakura Bloom is a direct competitor of Happy Baby. The Happy®
carrier was first sold in October 2016 at a trade show that Sakura Bloom attended. The Happy®
carrier became an immediate success. Rather than develop its own unique carrier, Sakura Bloom
copied Happy Baby’s popular and protected design.
13. On or about March 23, 2017, Sakura Bloom’s head of design and production,
Robyn Bolen, ordered a Happy® carrier. (Exhibit B, showing receipt to Sakura Bloom’s head of
design and production Robyn Bolen for a patented Happy® carrier). About 3 months later,
Sakura Bloom began selling an infringing baby carrier called “Onbuhimo.” In December 2017,
Sakura Bloom began selling another infringing baby carrier called “Scout.”
14. The Happy® carrier ordered by Sakura Bloom used a type of foam in its shoulder
straps that has never been used on any type of baby carrier previously. Sakura Bloom’s
infringing “Onbuhimo” and “Scout” carriers use this same type of foam that was previously
unique to the Happy® carriers. On information and belief, Sakura Bloom only discovered the
unique foam by ordering and deconstructing a Happy® carrier.
15. Another similarity that suggests Sakura Bloom’s “Scout” carrier was designed
using a deconstructed Happy® carrier is that the length of the Happy Baby® carrier’s waist strap
is the functional length of the “Scout” waist strap.
16. The adjustment system length and location of Sakura Bloom’s “Onbuhimo”
SLC_3964339.1
carrier also indicates the “Onbuhimo” was designed using a deconstructed Happy® carrier. The
“Onbuhimo” has shorter straps than the Happy® carrier, but the adjustment system for the
“Onbuhimo” begins only about two inches from the body of the carrier (no user would need an
adjustment as small as two inches from the body of the carrier as this would create a tiny opening
that would need to fit both the user’s head and their baby’s head). However, if a Happy® carrier
is deconstructed and the shoulder straps cut to the shorter length of the “Onbuhimo” shoulder
straps, the resulting carrier has an adjustment system that begins only about two inches from the
body of the carrier.
17. On information and belief, Sakura Bloom created their “Scout” carrier by
deconstructing a Happy Baby® carrier and merely substituting the buckles for rings.
18. Sakura Bloom also designed its “Scout” and “Onbuhimo” products to look like
the Happy Baby carrier in an attempt to piggyback off Ms. Young’s investment of time and
money in the development of the unique Happy® carrier design and to unfairly gain from Happy
Baby’s success.
19. As the side-by-side comparison below shows, Sakura Bloom copied Happy
Baby’s patented design in developing its “Scout” and “Onbuhimo” carriers, including at least the
elements of a main body formed from single panel design for a simple, sophisticated look, two
darts on the bottom front, uniquely curved shoulder straps, and X-style stitching to connect the
shoulder straps to the main body.
’902 Patent Sakura Bloom “Scout” Sakura Bloom “Onbuhimo”
SLC_3964339.1
20. Additionally, as the side-by-side comparison below shows, Sakura Bloom copied
the innovative Happy® design and developed a baby carrier that is deceptively and confusingly
similar to the design of the Happy® carrier. When Sakura Bloom’s “Scout” or “Onbuhimo”
carrier is placed next to the Happy® carrier, customers are likely to confuse the products and
their sources of origin.
Happy® Carrier Sakura Bloom “Scout” Sakura Bloom “Onbuhimo”
21. In an attempt to further trade off the goodwill of Happy Baby, Sakura Bloom
SLC_3964339.1
offers their carriers in many of the exact same colors and exact same materials. Sakura Bloom
even named some of the colors the same name as Happy Baby’s colors (for example, “flax”).
22. Many Happy Baby customers became confused by the Sakura Bloom “Scout”
carrier and its source of origin, thinking Happy Baby was affiliated with Sakura Bloom. Many
customers on Happy Baby’s FaceBook group were confused about the two similar products.
23. Happy Baby customers on Happy Baby’s FaceBook group thought the “Scout”
and the Happy Baby® carriers were the same thing. For example, one user posted a picture of a
Happy Baby® carrier and asked for advice on use for the carrier, and another user posted
describing how they use their “Scout,” evidencing that the user was unaware of a difference
between the Happy Baby® carrier and a Sakura Bloom “Scout” carrier. (Exhibit C). Another
user on the Happy Baby FaceBook group posted a ring sling to trade for a “Scout” rather than a
Happy Baby® carrier (Exhibit D).
24. A Happy Baby customer trying to decide between Happy Baby’s “Stone” and
“Flax” colors posted a question about the two colors on the Happy Baby FaceBook group, and
another user responded showing a video of her baby “in our Flax.” Rather than the video
showing a flax Happy® carrier, the video shows a flax Sakura Bloom Scout carrier. The flax
Sakura Bloom Scout carrier was a new color Sakura Bloom released in Fall 2017 that is identical
in color and color name to a Happy® carrier already on the market. The video shows that even
among well-educated customers, like those that belong to the FaceBook group of Happy Baby,
there is confusion about the source of the two products. (Exhibit E).
25. Similarly, Sakura Bloom customers are also confused by the similarities between
the Sakura Bloom carriers and the Happy® carrier. A Sakura Bloom customer thought that
SLC_3964339.1
Happy Baby was started by Sakura Bloom. The user posted to FaceBook: “Sooo….. who from
SB is behind HBC??? I was scrolling through FB and came across their ad. It sounds word for
word almost identical to the SB marketing?????? Looks an awful lot like a Scout that’s been
adapted with buckles too.” (Exhibit F).
26. Sakura Bloom also began to copy other elements of Happy Baby’s look and feel
for its products, marketing, and packaging. In April 2017 after ordering a Happy® carrier,
Sakura Bloom initiated a “brand refresh.” This included changing their logo to a single-word
handwritten logo, similar in appearance to the Happy® single-word handwritten logo.
27. Sakura Bloom also changed its packaging to have a similar look and feel to the
packaging for Happy® carriers. Sakura Bloom had previously packaged its carriers in bamboo
boxes since 2006. Happy Baby packages its unique Happy® carriers in a minimalist white, matte
box with a cutout on the front and a hand-written logo. The Happy® carrier purchased by Sakura
Bloom in March 2017 was packaged in this minimalist white box. Shortly after purchasing the
Happy® carrier, Sakura Bloom changed its packaging to a similar minimalist white, matte box,
including a cut-out on the front and a hand-written logo.
Happy® carrier Packaging Original Sakura Bloom Copycat Sakura Bloom

Packaging Packaging
SLC_3964339.1
FIRST CLAIM FOR RELIEF

Infringement of U.S. Patent No. D835,902
29. The ’902 Patent, titled “Baby Carrier,” was duly and legally issued on December
18, 2018.
30. The ’902 Patent has been in full force and effect since its issuance. Happy Baby is
the exclusive licensee of the ’902 Patent, including the exclusive rights to enforce the ’902
Patent.
31. Sakura Bloom has been, and currently is, directly infringing the ’902 Patent by
making, using, selling, offering to sell, and/or importing into the United States baby carriers
incorporating the claim of the ’902 Patent. Sakura Bloom’s “Scout” and “Onbuhimo” carrier
infringe at least the claim of the ’902 Patent either literally or under the doctrine of equivalents
as shown above.
32. On information and belief, Sakura Bloom has been, and currently is, inducing
infringement of the ’902 Patent, in violation of 35 U.S.C. § 271(b), by knowingly encouraging or
aiding others to make, use, sell, or offer to sell Sakura Bloom infringing baby carriers, including
its Scout carrier and Onbuhimo carrier, in the United States, or to import its product into the
United States, without license or authority from Happy Baby, with knowledge of or willful
blindness to the fact that Sakura Bloom’s actions will induce others, including but not limited to
its customers, partners, and/or end users, to directly infringe the ’902 Patent.
33. As a result of Sakura Bloom’s infringement of the ’902 Patent, Happy Baby has
been damaged. Happy Baby is entitled to recover for damages sustained as a result of Sakura
9
SLC_3964339.1
Bloom’s wrongful acts in an amount to be determined.
34. In addition, Sakura Bloom’s infringing acts have caused and are causing
immediate and irreparable harm to Happy Baby.
35. Due to Sakura Bloom’s previous affiliation with Happy Baby and knowledge of
Happy Baby’s intellectual property, Sakura Bloom has had actual knowledge of its infringement
of the ’902 Patent from the first instance it made, used, sold, offered for sale, or imported its
product. On information and belief, Sakura Bloom’s infringement of the ’902 Patent has been
and continues to be deliberate and willful, and, therefore, this is an exceptional case warranting
an award of treble damages and attorney’s fees to Happy Baby pursuant to 35 U.S.C. §§ 284-
285.
SECOND CLAIM FOR RELIEF

Trade Dress Infringement/Unfair Competition
37. Based on its inherently distinctive design, as well as Happy Baby’s extensive
advertising, promotion, and sales of Happy® carriers in the United States, the consuming public
both accepts and recognizes Happy Baby’s Happy® carrier design, and it has become an asset of
substantial value as a symbol of Happy Baby, its innovative and sophisticated styled baby carrier
products, and its goodwill. As a result of Happy Baby’s efforts, customers associate the
distinctive Happy® carrier design with Happy Baby.
38. Happy Baby has therefore established valid and enforceable trade dress rights in
the Happy® carrier design, as described above.
39. Happy Baby is the owner of all right and title to the Happy Baby® trade dress.
10
SLC_3964339.1
40. Sakura Bloom used Happy Baby’s trade dress without permission or approval
from Happy Baby. Sakura Bloom’s unauthorized use of the Happy Baby® trade dress includes
selling and offering for sale its Scout baby carrier and Onbuhimo baby carrier in the United
States, including on Sakura Bloom’s website and through its retail re-sellers located in the
United States. In addition, Sakura Bloom features the Scout product shape—Happy Baby’s
unique and nonfunctional trade dress—prominently on its website and social media.
41. Sakura Bloom’s Scout baby carrier and Onbuhimo baby carrier copy the unique
Happy® design and incorporates Happy Baby’s trade dress. By using Happy Baby’s trade dress
without permission, Sakura Bloom is unfairly benefitting from Happy Baby’s investment in the
Happy Baby® trade dress and the reputation, success, and goodwill that Happy Baby has
cultivated through its marketing and promotion of its Happy® carriers.
42. Sakura Bloom’s unauthorized use of Happy Baby’s trade dress in connection with
advertising and offering to sell its Scout and Onbuhimo baby carrier product is likely to cause
customer confusion and mistake, and to deceive consumers as to the source, origin, or affiliation
of Sakura Bloom’s products.
43. Sakura Bloom’s actions constitute unfair competition and false designation of
origin in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
44. Happy Baby is informed and believes, and on that basis alleges, that Sakura
Bloom knew of Happy Baby’s trade dress when it designed its Scout and Onbuhimo baby
carriers, at least because Sakura Bloom purchased a Happy® carrier before it designed its Scout
and Onbuhimo baby carriers. Accordingly, Sakura Bloom’s infringement has been and continues
to be intentional and willful.
11
SLC_3964339.1
PRAYER FOR RELIEF
WHEREFORE, Happy Baby and Ms. Young pray for judgment against Sakura Bloom as
follows:
A. That the ’902 Patent is valid and enforceable and that Sakura Bloom has
infringed, and continues to infringe, the ’902 Patent;
B. That Sakura Bloom pay Happy Baby damages adequate to compensate Happy
Baby for Sakura Bloom’s infringement of the ’902 Patent, together with interest and costs under
35 U.S.C. § 284;
C. That Happy Baby be awarded an accounting of Sakura Bloom’s profits pursuant
to 15 U.S.C. § 1117;
D. That any damages awarded be trebled pursuant to 15 U.S.C. § 1117 and Happy
Baby be awarded costs and reasonable attorneys’ fees;
E. That restitutionary relief be awarded against Sakura Bloom and in favor of
Happy Baby, including disgorgement of wrongfully obtained profits and any other
appropriate relief;
F. That Sakura Bloom be ordered to pay pre-judgment and post-judgment interest on
the damages assessed;
G. That Sakura Bloom be ordered to pay supplemental damages to Happy Baby,
including interest, with an accounting, as needed;
H. That Sakura Bloom’s trade dress infringement is willful and that the damages
awarded to Happy Baby should be trebled;
12
SLC_3964339.1
I. That this is an exceptional case under 35 U.S.C. § 285 and that Sakura Bloom pay
Happy Baby’s attorneys’ fees and costs in this action;
J. That Sakura Bloom and its officers, directors, agents, servants, affiliates,
employees, divisions, branches, subsidiaries, parents, and all others acting in active concert
therewith be preliminarily and permanently enjoined from infringing the ’902 Patent or Happy
Baby’s trade dress; and
K. That Happy Baby be awarded such other and further relief, including equitable
relief, as this Court deems just and proper.
DEMAND FOR JURY TRIAL
Pursuant to Federal Rule of Civil Procedure 38(b), Happy Baby hereby demands a trial
by jury on all issues triable by jury.
DATED this 19th day of December, 2018.
DURHAM JONES & PINEGAR, P.C.
/s/ Clinton E. Duke

Clinton E. Duke
Sarah W. Matthews
Attorneys for Plaintiff Happy Baby, LLC
13
SLC_3964339.1
Case 2:18-cv-00960-EJF Document 2-1 Filed 12/19/18 Page 1 of 16
EXHIBIT B
Happy Baby <happybabywrap@gmail.com>
[Happy Baby] New customer order (18962) March 23, 2017
1 message
Happy Baby <info@happybabywrap.com> Thu, Mar 23, 2017 at 2:17 PM
To: info@happybabywrap.com
New customer order
You have received an order from Robyn Bolen. The order is as follows:
Order #18962 (March 23, 2017)
Product Quantity Price
Happy Baby Carrier (#HCBLOSSOM)

1 $148.00
Color: Blossom
Subtotal: $148.00
Discount: $7.40
Shipping: 2 3 Day
Tax: $0.00
Payment Method: Credit Card

Product Quantity Price
Total: $140.60
Customer details
Please join us on Instagram @happybabycarriers and tag your photos with #happybabywrap
or #happybabycarrier
EXHIBIT C
Screen Shot 2018-09-26 at 8.35.46 AM.png https://drive.google.com/drive/folders/1srExz6T5EV5tNvP270zmpnV_KmRdX-6_
1 of 2 12/17/2018, 2:53 PM
EXHIBIT D
1 of 2 12/17/2018, 2:53 PM
2 of 2 12/17/2018, 2:53 PM
EXHIBIT E
Screen Shot 2018-08-15 at 1.16.43 PM.png https://drive.google.com/drive/folders/1srExz6T5EV5tNvP270zmpnV_KmRdX-6_
1 of 2 12/17/2018, 2:52 PM
2 of 2 12/17/2018, 2:52 PM
EXHIBIT F
1 of 2 12/17/2018, 2:53 PM

Happy Baby v. Sakura Bloom - Complaint

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Case 2:18-cv-00960-EJF Document 2 Filed 12/19/18 Page 2 of 14

Clinton E. Duke (9784)

Attorneys for Plaintiff Happy Baby, LLC

IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF UTAH

HAPPY BABY, LLC, a Utah limited liability

vs. Case No. 2:18-cv-00960-EJF

“Defendant”), complaining and alleging as follows:

business in South Jordan, Utah.

2. Mary Elizabeth Young is a resident of South Jordan, Utah.

3. On information and belief, Sakura Bloom is a California limited liability company

JURISDICTION AND VENUE

under 28 U.S.C. § 1331 and §§ 1338(a).

infringement in this State and judicial district.

6. On information and belief, venue is proper in this judicial district pursuant to 28

this judicial district.

Development and Success of Happy® Brand Baby Carrier

Patent is attached as Exhibit A.

patented Happy® carrier.

Sakura Bloom’s Infringement of Happy Baby’s Patent and Trade Dress

copied Happy Baby’s popular and protected design.

unique foam by ordering and deconstructing a Happy® carrier.

is the functional length of the “Scout” waist strap.

body of the carrier.

shoulder straps to the main body.

’902 Patent Sakura Bloom “Scout” Sakura Bloom “Onbuhimo”

their sources of origin.

Happy® Carrier Sakura Bloom “Scout” Sakura Bloom “Onbuhimo”

Happy Baby® carrier (Exhibit D).

adapted with buckles too.” (Exhibit F).

handwritten logo, similar in appearance to the Happy® single-word handwritten logo.

including a cut-out on the front and a hand-written logo.

Happy® carrier Packaging Original Sakura Bloom Copycat Sakura Bloom

FIRST CLAIM FOR RELIEF

infringement of the ’902 Patent, in violation of 35 U.S.C. § 271(b), by knowingly encouraging or

Bloom’s wrongful acts in an amount to be determined.

immediate and irreparable harm to Happy Baby.

SECOND CLAIM FOR RELIEF

distinctive Happy® carrier design with Happy Baby.

the Happy® carrier design, as described above.

cultivated through its marketing and promotion of its Happy® carriers.

of Sakura Bloom’s products.

origin in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).

to be intentional and willful.

PRAYER FOR RELIEF

infringed, and continues to infringe, the ’902 Patent;

C. That Happy Baby be awarded an accounting of Sakura Bloom’s profits pursuant

Baby be awarded costs and reasonable attorneys’ fees;

E. That restitutionary relief be awarded against Sakura Bloom and in favor of

F. That Sakura Bloom be ordered to pay pre-judgment and post-judgment interest on

the damages assessed;

G. That Sakura Bloom be ordered to pay supplemental damages to Happy Baby,

including interest, with an accounting, as needed;

awarded to Happy Baby should be trebled;

Happy Baby’s attorneys’ fees and costs in this action;

Baby’s trade dress; and

relief, as this Court deems just and proper.

DEMAND FOR JURY TRIAL

by jury on all issues triable by jury.

DATED this 19th day of December, 2018.

DURHAM JONES & PINEGAR, P.C.

/s/ Clinton E. Duke

New customer order

Order #18962 (March 23, 2017)

Product Quantity Price