Professional Documents
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Defendants.
herein and to substitute the true names and capacities of said Doe Defendants when they are
ascertained.
4. This Court has subject matter jurisdiction over this action under 28 U.S.C. § 1331
as it involves a federal question; under 28 U.S.C. § 2202 as it involves claims related to a patent;
and under 15 U.S.C. § 1121 as it involves claims related to unfair competition.
5. This Court has supplemental jurisdiction over the claims that arise under Utah law
pursuant to 28 U.S.C. § 1367(a) because both the state and federal claims are derived from a
common nucleus of operative facts and considerations of judicial economy dictate the state and
GENERAL ALLEGATIONS
9. Datafly realleges and incorporates the preceding paragraphs of this Complaint.
10. Doing business under the name Wildhorn Outfitters, Datafly is the exclusive
manufacturer and seller of the Wildhorn Outfitters Sand Escape Beach Blanket (the “Datafly
Blanket”). A photograph of the Datafly Blanket is attached at Exhibit A.
11. As a result of Datafly’s marketing, the design of the Datafly Blanket, and its high
quality, the Datafly Blanket is one of the top selling beach blankets on Amazon.com.
12. In fact, the listing for the Datafly Blanket on the Amazon.com website has
generated at least 673 customer reviews with an average rating of 4.5 out of 5 stars.
13. Datafly owns the rights, title, and interest to U.S. Design Patent No. D826,598(“the
‘598 patent”), entitled “OUTDOOR BLANKET.” A copy of the ‘598 patent is attached at Exhibit
B.
14. Upon information and belief, WellaX has manufactured, distributed, marketed, and
sold, and continues to distribute, market, and sell, the “Wellax Sandfree Beach Blanket,” a line of
beach blankets (the “WellaX Blanket”). A photograph of the WellaX Blanket is attached at Exhibit
C.
15. Datafly and WellaX are competitors in the outdoor blanket market in that the
Datafly Blanket and the WellaX Blanket are similar products that are marketed and sold to the
same target customers through the same sales channels.
16. On or about May 5, 2019, Datafly notified WellaX that the WellaX blanket
infringed on the ‘598 Patent.
17. After being notified that the WellaX Blanket infringed on the ‘598 blanket, WellaX
continued to distribute, market, and/or sell the WellaX Blanket.
18. Furthermore, upon information and belief, in an attempt to conceal its continuing
infringement, WellaX photo-shopped some of the marketing material for the WellaX Blanket to
remove certain components such as sand anchors and a stuff sack so that the WellaX Blanket no
longer resembled the ‘598 Blanket.
Case 2:19-cv-00461-EJF Document 2 Filed 07/01/19 Page 4 of 7
19. However, WellaX continued to sell the version of the WellaX Blanket that infringed
the ‘598 Patent.
marketing, advertising, distributing, importing, offering for sale and/or selling the WellaX Blanket,
which falls within the scope of the ‘598 Patent.
23. A comparison of the WellaX Blanket and the ‘598 Patent reveals, at a minimum,
the following substantial similarities:
a. The stuff sack for each blanket is positioned in the center, between two sand
anchor pockets.
c. Both blankets have four rectangular sand anchor pockets attached at the same
locations in the corners of the blanket.
d. Both blankets have a single rectangular storage pocket to secure personal items
attached in the center of the blanket directly opposite the stuff sack.
24. The resemblance between the WellaX Blanket and the ‘598 Patent is so similar that
it would induce an ordinary observer to purchase one supposing it to be the other.
25. Datafly has been damaged and has suffered lost profits and irreparable injury due
to WellaX’s acts of infringement, and will continue to suffer damages and irreparable injury unless
their acts are permanently enjoined.
26. WellaX has willfully infringed the ‘598 Patent, entitling Datafly to enhanced
damages under 35 U.S.C. § 284.
Case 2:19-cv-00461-EJF Document 2 Filed 07/01/19 Page 5 of 7
27. Furthermore, because of WellaX’s awareness of the Datafly Blanket and the ‘598
Patent, this case is exceptional and Datafly is entitled to recover its attorneys’ fees in prosecuting
this action pursuant to 35 U.S.C. § 285.
the WellaX Blanlet with sand anchors and a stuff sack, constitutes a false or misleading description
of fact.
30. WellaX’s false representations misstate the characteristics and qualities of the
product being sold by Defendants.
31. WellaX’s false representations were intentional, willful, and malicious.
32. Therefore WellaX’s conduct is unlawful and in violation of 15 U.S.C. § 1125(a).
33. Accordingly, Datafly is entitled to WellaX’s profits from the unlawful sales and/or
Datafly’s lost profits; as well as reasonable attorneys’ fees and costs. Datafly is further entitled to
an injunction under 15 U.S.C. § 1116 against WellaX requiring that they remove all false
advertising for the WellaX Blanket.
42. Therefore WellaX’s conduct subjects them to liability under Utah Code § 13-11a-
4.
43. Accordingly, Datafly is entitled to recovery of Datafly’s lost profits; as well as
reasonable attorneys’ fees and costs.
RELIEF REQUESTED
Based on the foregoing allegations, Datafly requests that the Court enter judgment as follows:
1. Judgment that WellaX is liable for infringing the ‘598 Patent and awarding Datafly
damages consisting of its lost profits, a reasonable royalty, and/or WellaX’s total profits from sale
of the WellaX Blanket, enhanced damages based upon WellaX’s willful infringement, costs and
attorneys’ fees in this exceptional case, and pre-judgment and post-judgment interest;
2. An order permanently enjoining WellaX, their agents, servants, and any and all
parties acting in concert with any of them, from directly or indirectly infringing in any manner or
contributing in any manner to the infringement of the ’598 Patent;
3. Judgment that WellaX is liable for unfair competition in violation of the Lanham
Act and awarding Datafly damages consisting of its lost profits and/or WellaX’s total profits from
sale of the WellaX Blanket, costs and attorneys’ fees in this exceptional case, and pre-judgment
and post-judgment interest;
Case 2:19-cv-00461-EJF Document 2 Filed 07/01/19 Page 7 of 7
4. Judgment that WellaX is liable for unfair competition in violation of Utah law and
awarding Datafly its lost profits, punitive damages, attorneys’ fees and costs, and pre-judgment
and post-judgment interest;
5. Judgment that WellaX is liable for violation of Utah’s Truth in Advertising Act and
awarding Datafly its lost profits, attorneys’ fees and costs, and pre-judgment and post-judgment
interest;
6. Datafly is entitled to such additional relief as the Court may deem just and proper.
JURY DEMAND
Datafly hereby demands a trial by jury on any matters so triable.
s/ Karthik Nadesan
NADESAN BECK P.C.
Karthik Nadesan
David Jones
EXHIBIT A
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EXHIBIT B
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EXHIBIT C
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JS 44 (Rev. 08/18) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
(b) County of Residence of First Listed Plaintiff Salt Lake County, Utah County of Residence of First Listed Defendant
Romania
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Karthik Nadesan, David Jones, Nadesan Beck PC, 8 East Broadway,
Suite 625, Salt Lake City, Utah 84111
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State