1 JOHNSON & PHAM, LLP

2
Christopher D. Johnson, SBN: 222698
E-mail: cjohnson@johnsonpham.com
3 Christopher Q. Pham, SBN: 206697
4
E-mail: cpham@johnsonpham.com
Marcus F. Chaney, SBN: 245227
5 E-mail: mchaney@iohnsonpham.com
6
Hung Q. Pham, SBN: 276613
E-mail: ppham@johnsonpham.com
7 6355 Topanga Canyon Boulevard, Suite 326
8
\Voodland Hills, California 91367
Telephone: (818) 888-7540
9 Facsimile: (818) 888-7544
lO
Attorneys for Plaintiff
Q
ORIGINAL
11 SPECULATIVE PRODUCT DESIGN, LLC, dba
12
SPECK PRODUCTS
13
14
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
15 SPECULATIVE PRODUCT 9
16
LLC, dba SPECK PRODUCTS, J-1 I
California Limited Liability Company, COMPLAINT FOR DAMAGES
17
18
19
20
Plaintiff,
vs.
KAREN BECKER, an Individual,
21 KA TINKAS USA, LLC, a Utah Limited
22 Liability Company, and DOES 1-10,
Inclusive,
23
24
25
26
27
28
Defendants
AND DECLARATORY RELIEF:
(1) FEDERAL TRADEMARK
INFRINGEMENT [15 U.S.C.
1114/Lanham Act 43(a)]
(2) FALSE DESIGNATION OF
ORIGIN/UNFAIR
COMPETITION/FALSE OR
MISLEADING ADVERTISING
(15 U.S.C. 1125(a)];
(3) TRADEMARK DILUTION (15
U.S.C. 1125(c)];
( 4) UNFAIR BUSINESS
PRACTICES [CALIFORNIA
BUSINESS & PROFESSIONS
CODE 17200];
(5) FEDERAL COPYRIGHT
- I -
COMPLAINT FOR DAMAGES
1
2
3
4
5
6
7
8
9
10
0
INFRINGEMENT [17 U.S.C.
501(a));
(6) COMMON LAW COPYRIGH
INFRINGEMENT
[CALIFORNIA CIVIL CODE
980 ET SEQ., AND
CALIFORNIA COMMON
LAW)
(7) FEDERAL DESIGN PATENT
INFRINGEMENT [35 U.S.C.
271)
DEMAND FOR JURY TRIAL
11 COMES NOW, Plaintiff SPECULATIVE PRODUCT DESIGN, LLC, dba
12 SPECK PRODUCTS (hereinafter "Plaintiff' and/or "SPECK"), hereby alleges as
13 follows:
14
15 I.
PARTIES
Plaintiff, SPECULATIVE PRODUCT DESIGN, LLC, formerly
16 Speculative Product Design, Inc., doing business as Speck Products, is now, and
17 was at the time of the filing of this Complaint and at all intervening times, a
18 California Limited Liability Company, duly authorized and licensed to conduct
19 business in the state of California, with its principal place of business in Mountain
20 View, California.
21 2. Plaintiff alleges, on information and belief, that KAREN BECKER is
22 now, and was at the time of the filing of this Complaint, an individual residing in
23 Salt Lake City, Utah. Plaintiff further alleges, on information and belief, that
24 KA TINKAS USA, LLC, is now, and was at the time of filing this Complaint, a
25 Utah Limited Liability Company, with its principal place of business at 7985 S.
26 Deer Creek Road, Salt Lake City, Utah (collectively "Defendants").
27 3. Defendants conduct business in the jurisdiction of the United States
28 District Court for the Central District of California by offering counterfeits goods
-2-
COMPLAINT FOR DAMAGES
1 for sale in Los Angeles, California, that infringes on the registered trademarks of
2 Plaintiff.
3 4. The true names and capacities, whether individual, corporate,
4 associate or otherwise, of Defendants herein named as DOES 1-10, inclusive, are
5 unknown to Plaintiff. Plaintiff therefore sues said Defendants by such fictitious
6 names. When the true names and capacities of said Defendants have been
7 ascertained, Plaintiff will amend this pleading accordingly.
8 5. Plaintiff further alleges that Defendants, and DOES 1-10, inclusive,
9 sued herein by fictitious names are jointly, severally and concurrently liable and
10 responsible with the named Defendant upon the causes of action hereinafter set
11 forth.
12 6. Plaintiff is informed and believes and thereon alleges that at all times
13 mentioned herein Defendants, and DOES 1-10, inclusive, and each of them, were
14 the agents, servants and employees of every other Defendant and the acts of each
15 defendant, as alleged herein, were performed within the course and scope of that
16 agency, service or employment.
17 JURISDICTIONNENUE
18 7. This Court has jurisdiction over the subject matter of the First and
19 Second Causes of Action (violation of the Lanham Act) pursuant to 15 U.S.C.
20 1121 and/or 28 U.S.C. 1331 and/or 1338(a).
21 8. This Court has personal jurisdiction over Defendants smce
22 Defendants have committed the tortious and illegal activities of trademark
23 infringement and unfair competition in this district and/or Defendants have
24 sufficient minimum contacts with this district to such that the exercise of
25 jurisdiction over Defendants by this Court does not offend traditional notions of
26 fair play and substantial justice. Among other things, Defendants have advertised,
27 offered to sell and have sold products that infringe the trademarks of Plaintiff to
28 consumers within this judicial district. Defendants have also offered to sell and
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COMPLAINT FOR DAMAGES
1 actually sold counterfeit products (described more fully below) usmg an
2 interactive internet website and knowing or having reason to know that consumers
3 throughout the United States, including within this judicial district, would
4 purchase said counterfeit goods from Defendants, believing that they were
5 authentic goods manufactured and distributed by Plaintiff or its authorized
6 manufacturers.
7 9. Additionally, supplemental jurisdiction exists over Defendants
8 because, on information and belief, Defendants conduct business in California and
9 in this judicial district, have purposefully directed action to California and this
10 district, or have otherwise availed themselves of the privileges and protections of
11 the laws of the State of California, such that this Court's assertion of jurisdiction
12 over Defendants does not offend traditional notions of fair play and due process.
13 10. Venue is proper, inter alia, pursuant to 28 U.S.C. 1391(b) because
14 on information and belief, a substantial part of the events or omissions giving rise
15 to the claim occurred in this judicial district, and has caused damages to Plaintiff
16 in this district. The counterfeit Speck-branded products were purchased from
17 California and Defendants purposefully shipped these counterfeit products into
18 California. Defendants' actions within this district directly interfere with and
19 damage Plaintiff's commercial efforts and endeavors and harms Plaintiff's
20 goodwill within this Venue. Additionally, Plaintiff conducts a substantial
21 business within this Venue.
22 GENERAL ALLEGATIONS
23 11. Plaintiff is a privately held U.S. corporation founded in Mountain
24 View, California in 2001 as a form fit cellular telephone case company. Plaintiff
25 creates cases for the mobile accessories market.
26 12. Plaintiff is one of the leading companies in their industry and has
27 gained numerous awards and recognition for its innovative products and designs.
28 I I I
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COMPLAINT FOR DAMAGES
1 13. Plaintiff is one of the world's leading manufacturers of protective
2 carrying cases for electronic devices, including but not limited to, portable
3 electronic listening devices and music players, namely, mp3 players, and for
4 portable computers, global positioning systems (GPS devices), mobile and cellular
5 telephones, portable media players, and personal digital assistants.
6 14. Plaintiff develops and manufactures protective carrying cases for
7 products such as the Apple iPhone, Apple iPad, Apple iPod, Apple
8 MacBook, Notebook bags and sleeves, Smartphones including Blackberry,
9 HTC, Sharp, Samsung, and Motorola models, TomTom GPS navigation
10 devices, portable hard drives such as WD My Passport Elite/Essential, and the
11 Kindle 3.
12 15. Plaintiff is continually striving to discover and develop new,
13 advanced technologies and designs to meet the needs of the ever-advancing
14 consumer electronics industry. Plaintiff offers over 250 products and is sold in
15 over 75 countries worldwide.
16 16. Plaintiff has spent substantial time, money and effort in developing
17 consumer recognition and awareness of its marks. Through the extensive use of
18 the Plaintiffs marks, Plaintiff has built up and developed significant goodwill in
19 its entire product line. A wide array of newspapers, magazines and television
20 networks has included advertising of Plaintiffs products, which are immediately
21 identified by Plaintiffs marks.
22 17. Plaintiff is the exclusive owner of federally-registered and Common
23 law trademarks. The following is a partial (non-exhaustive) list of the registered
24 trademarks owned by Plaintiff (the "Marks"):
25 A. SPECK, registered trademark number 3,663,010, registered on
26 August 4, 2009, for use on or in connection with protective carrying cases for
27 portable electronic listening devices and music players, namely, mp3 players, and
28 for portable computers, global positioning systems (GPS devices), mobile and
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COMPLAINT FOR DAMAGES
cellular telephones, portable media players, and personal digital assistants, m
2 Class 9 (U.S. CLS. 2I, 23, 26, 36 and 38);
3 B. [Design Mark], registered trademark number 3,666,082,
4 registered on August II, 2009, consisting of an asterisk between parentheses
5 followed by the word "SPECK" in stylized letters; for use on or in connection
6 with protective carrying cases for portable electronic listening devices and music
7 players, namely, mp3 players, and for portable computers, global positioning
8 systems (GPS devices), mobile and cellular telephones, portable media players,
9 and personal digital assistants, in Class 9 (U.S. CLS. 2I, 23, 26,36 and 38);
10 C. [Design Mark], registered trademark number 3,666,072,
11 registered on August II, 2009, consisting of an asterisk between parentheses; for
12 use on or in connection with protective carrying cases for portable electronic
13 listening devices and music players, namely, mp3 players, and for portable
14 computers, global positioning systems (GPS devices), mobile and cellular
15 telephones, portable media players, and personal digital assistants, in Class 9 (U.S.
16 CLS. 2I, 23, 26, 36 and 38);
17 D. CANDYSHELL, registered trademark number 3,8I7,709,
18 registered on July I3, 20IO, for use on or in connection with protective carrying
19 cases for mp3 players, mobile and cellular telephones, portable media players, and
20 personal digital assistants in Class 9 (U.S. CLS. 2I, 23, 26,36 and 38);
21 Attached hereto as Exhibit "A-"D" are true and correct copies of the
22 certificates of registration for each of the Marks that are federally-registered
23 (hereinafter "Plaintiffs Marks").
24 I8. Plaintiff is also the owner of several international trademarks in the
25 following locations: Canada, New Zealand, Republic of Korea, Malaysia,
26 European Community, Hong Kong, Int'l Registration- Madrid Protocol, Taiwan,
27 Australia, Singapore, Japan, Russian Federation, Thailand, and the People's
28 Republic of China.
-6-
COMPLAINT FOR DAMAGES
1 19. Plaintiff is also the exclusive owner of federally-registered and
2 common law Copyrights (collectively "Common-Law Copyrights"). Currently,
3 Plaintiff has numerous copyright applications pending approval with the United
4 States Copyright Office concerning Plaintiffs packaging materials related to and
5 used in connection with the distribution of its SPECK-branded products. Work
6 titles and application numbers for these pending registrations are as follows:
7 "iPhone 5 CandyShell Card Apple Packaging Milk Carton," filing date November
8 20, 2012; "iPhone 5 Shieldview Envelope," filing date November 20, 2012;
9 "iPhone 5 CandyShell SATIN Core2 Wedge2 Cardstock," filing date November
10 20, 2012; "iPhone 5 FabShell Core2 Wedge2 Cardstock," filing date November
11 20, 2012; "iPhone 5 PixelSkin Core2 Wedge2 Cardstock," filing date November
12 20, 2012; "iPhone 5 FabShell Burton Core2 Wedge2 Cardstock," filing date
13 November 20, 2012; "iPhone 5 CandyShell Apple Packaging Milk Carton," filing
14 date November 20, 2012; "iPhone5 GenShell Apple Packaging Milk Carton,"
15 filing date November 20, 2012; "iPhone 5 ToughSkin Apple2 Carton Cardstock,"
16 filing date November 20, 2012; iPhone 5 SmartFlex Apple Packaging Milk
17 Carton," filing date November 20, 2012; "iPhone 5 CandyShell GRIP Core2
18 Wedge2 Cardstock," filing date November 20, 2012; "iPhone 5 SmartFlex View
19 Core2 Wedge2 Cardstock," filing date November 20, 2012; "iPhone 5 PixelSkin
20 HD Core2 Wedge2 Cardstock," filing date November 20, 2012; "iPhone 5
21 CandyShell Core2 Wedge2 Cardstock," filing date November 20, 2012; "iPhone 5
22 SmartFlex CARD Core2 Wedge2," filing date November 20, 2012; "iPhone 5
23 GemShell Apple2 Insert Cardstock," filing date November 20, 2012; "iPhone 5
24 CandyShell FLIP Core2 Wedge2 Cardstock," filing date November 20, 2012;
25 "iPhone 5 GemShell Core2 Wedge2 Cardstock," filing date November 20, 2012;
26 and "iPhone 5 SmartFlex Shine Apple Packaging Milk Carton," filing date
27 November 20, 2012.
28 I I I
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COMPLAINT FOR DAMAGES
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
20. Currently, Plaintiff holds numerous federally-registered Copyrights
related to and used in connection with the distribution of its SPECK-branded
products (collectively "Federally-Registered Copyrights"), with the following
(non-exhaustive) copyright names, registration numbers, and registration dates:
A.
May 6, 2011);
B.
May 27, 2011);
c.
2011 );
D.
2011);
E.
2011 );
F.
May 27, 2011);
G.
2011 );
H.
2011);
I.
2011 );
J.
2011 );
K.
27, 2011);
L.
2011);
"CANDY SHELL FOR iPHONE 4," VA 1772394 (Registered
"Fitted Arts Projekt iPhone 3 Core," VA1778313 (Registered
"ToughSkin iPhone 4 Core," VA 1791169 (Registered May 27,
"PixelSkin iPhone 4 Core," VA1791185 (Registered May 27,
"Fitted Flex iPhone 4 Core," VA1791188 (Registered May 27,
"SeeThru Satin iPhone 4 Apple," VA1791189 (Registered
"SeeThru iPhone 4 Apple," VA1791419 (Registered May 27,
"GeoMetric iPhone 4 Apple," VA 1778429 (Registered May 27,
"Fitted Flex iPhone 4 Apple," VA1791186 (Registered May 27,
"PixelSkin iPhone 4 Apple," VA1778433 (Registered May 27,
"ToughSkin iPhone 4 Apple," VA1791180 (Registered May
"GeoMetric iPhone 4 Core," VA 1791182 (Registered May 27,
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COMPLAINT FOR DAMAGES
I M. "Fitted iPhone 4 Core," VA 1778411 (Registered May 27,
2 2011);
3 N. "ToughShell iPhone 4 Core," VA1791178 (Registered May 27,
4 2011 );
5 0. "SeeThru Satin iPhone 3 Core," VA1791177 (Registered May
6 27,2011);
7 P. "CandyShell iPhone 3 Core," VA1778406 (Registered June 3,
8 2011);
9 Q. "SeeThru iPhone 3 Core," VA1778421 (Registered June 3,
10 2011 );
11 R. "SeeThru Satin iPhone 4 Core," VA1778423 (Registered June
12 3, 2011 );
13 s. "Fitted Burton iPhone 4," VA1778646 (Registered June 3,
14 2011 );
15 T. "Tough Skin iPhone 3 Core," VA 1778414 (Registered June 3,
16 2011 );
17 U. ''Fitted iPhone 3 Core," VA1778403 (Registered June 3, 2011 );
18 v. "SeeThru iPhone 4 Core," VA1778418 (Registered June 3,
19 2011); and
20 w. "Fitted iPhone 4 Apple," VA1778642 (Registered June 3,
21 2011).
22 21. Additionally, Plaintiff owns a valid and lawfully issued United States
23 Design Patent, patent no. US 8,204,561 B2, for its "exterior hard shell case"
24 ("Design Patent"). Attached hereto as Exhibit "E" are true and correct copies of
25 the registration certificate and design drawings.
26 Defendants' Wrongful and Infringing Conduct
27 22. Defendants use, amongst other things, the Internet auction website
28 known as Amazon.com to sell and distribute products, including counterfeit hard
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COMPLAINT FOR DAMAGES
0
1 goods bearing Plaintiff's marks, described above, to consumers. At any given
2 time, there are millions of items listed on Amazon.com for purchase by its more
3 than 200 million registered users.
4 23. Beginning on a date that is currently unknown to Plaintiff and
5 continuing to the present, Defendants have, without the consent of Plaintiff,
6 offered to sell and sold within the United States (including within this judicial
7 district) goods that were neither made by Plaintiff nor by a manufacturer
8 authorized by Plaintiff (such goods are hereafter referred to as "Counterfeit
9 Goods") using reproductions, counterfeits, copies and/or colorable imitations of
10 one or more of the Subject Marks, Federally-Registered Copyrights, Common-
11 Law Copyrights, and/or Design Patent. On information and belief, Plaintiff further
12 alleges that defendant imported said Counterfeit Goods into the United States, or
13 encouraged others to import said Counterfeit Goods into the United States, for the
14 purpose of reselling the Counterfeit Goods in the United States.
15 24. Beginning no later than May 3, 2012, Plaintiff began to conduct test
16 purchases from various www.Amazon.com ("Amazon.com") sellers of Speck
17 branded products in order to determine their authenticity.
18 25. Plaintiff has inquired of Amazon.com regarding the source of the
19 Speck products which have been provided to Plaintiff during these test purchases.
20 Amazon.com has advised Plaintiff that, with one exception, the products were
21 acquired from legitimate Speck distributors. The one exception was a company
22 called KA TINKAS USA, LLC, located at 7985 S. Deer Creek Road, Salt Lake
23 City, Utah ("Katinkas"). Plaintiff was advised that Katinkas had provided
24 numerous shipments of Speck products to Amazon.com in the past and that
25 Amazon.com was expecting additional shipments of Speck products from
26 Katinkas in the near future.
27 26. On March 21, 2013, Plaintiff was granted access to an Amazon.com
28 fulfillment center in Kentucky to examine a shipment of Speck branded iPhone
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COMPLAINT FOR DAMAGES
1 cases which had been shipped to Amazon.com by Katinkas for resale on
2 Amazon.com. Plaintiff was able to inspect a large quantity of approximately
3 1,200 Speck branded iPhone cases delivered and sold by Katinkas, which had
4 been quarantined by Amazon.com for evaluation by Plaintiff. The entire Speck
5 branded products examined by Plaintiff, including the approximately 180 obtained
6 by Plaintiffs investigators, were determined to be counterfeit. Plaintiffs
7 investigators were able to view a shipping container for a portion of the
8 counterfeit Speck products which were seized and noted that the container bore a
9 return address of: Karen Becker, Katinkas USA, LLC, 7985 South Deer Creek
10 Drive, Salt Lake City, UT 84121.
11 27. Additionally, Defendants own and operate a webstore on
12 Amazon.com using the moniker "Smart Phone Fashion." Through this webstore,
13 Defendants regularly and systematically advertised, marketed, distributed and sold
14 products bearing unauthorized Speck registered trademarks.
15 28. On or about February 25, 2013, Plaintiff made a test purchase from
16 Amazon seller ID "Smart Phone Fashion," of a Speck branded Candyshell iPhone
17 case. Examination of the item revealed that it was counterfeit. Plaintiff inquired
18 of Amazon.com as to the owner of this Amazon webstore and was advised that the
19 owner is Karen Becker, 7985 S. Deer Creek Road, Salt Lake City, Utah.
20 29. Defendants intentionally and knowingly accepted Plaintiffs money
21 from a financial institution located in the State of California.
22 30. Defendants also intentionally and knowingly delivered the counterfeit
23 product into the State of California.
24 31. Defendants use images and names confusingly similar or identical to
25 Plaintiffs Marks to confuse consumers and aid in the promotion and sales of its
26 unauthorized and counterfeit product. Defendants' use of Plaintiffs Marks
27 include importing, advertising, displaying, distributing, selling and/or offering to
28 sell Counterfeit Goods.
- 11 -
COMPLAINT FOR DAMAGES
32. Defendants' use began long after Plaintiffs adoption and use of its
2 trademarks, and after Plaintiff obtained the trademark and copyright registrations
3 alleged above. Neither Plaintiff nor any authorized agents have consented to
4 Defendants' use of Plaintiffs Marks, Federally-Registered Copyrights, Common-
s Law Copyrights, and Design Patent.
6 3 3. Defendants' actions have confused and deceived, or threatened to
7 confuse and deceive, the consuming public concerning the source and sponsorship
8 of the counterfeit Speck products sold and distributed by Defendants. By its
9 wrongful conduct, Defendants have traded upon and diminished Plaintiff's
10 goodwill. Furthermore, the sale and distribution of Counterfeit Goods by
11 Defendants have infringed upon Plaintiffs Marks, Federally-Registered
12 Copyrights, Common-Law Copyrights, and/or Design Patent.
13 34. Defendants' offering to sell, selling, importing and encouragmg
14 others to import Counterfeit Goods in this manner was and is likely to cause
15 confusion or to cause mistake and/or to deceive consumers who purchase the
16 Counterfeit Goods. Defendants also offered to sell, sold, imported, and/or
17 encouraged others to import for purpose of resale within the United States
18 Counterfeit Goods consisting of reproductions and/or copies of products bearing
19 Plaintiff's Marks, Federally-Registered Copyrights, Common-Law Copyrights,
20 and Design Patent. Defendants' use of such Marks, Federally-Registered
21 Copyrights, Common-Law Copyrights, and Design Patent was done without
22 Plaintiff's authorization.
23 I I I
24 I I I
25 I I I
26
27
28
12-
COMPLAINT FOR DAMAGES
0
1 FIRST CAUSE OF ACTION
2 (Trademark Infringement Against Defendants KAREN BECKER,
3 KATINKAS USA, LLC, and DOES 1-10, Inclusive)
4 [15 U.S.C. 1114/Lanham Act 43(a)]
5 35. Plaintiff hereby incorporates by reference each of the other
6 allegations set forth elsewhere in this Complaint as though fully set forth in this
7 cause of action.
8 36. Defendants' actions as described herein constitute direct and/or
9 contributory trademark infringement in violation of 15 U.S.C. 1114(1 )(a).
1 0 3 7. As a proximate result of Defendants' trademark infringement,
11 Plaintiff has been damaged in an amount to be proven at trial. Further, Plaintiff
12 alleges on information and belief that, as a proximate result of Defendants'
13 trademark infringement, Defendants have unlawfully profited in an amount to be
14 proven at trial.
15 38. At all relevant times, Defendants acted intentionally and/or willfully
16 in using the Marks on the Counterfeit Goods, knowing that said Marks belonged
17 to Plaintiff, that the Counterfeit Goods were in fact counterfeit, and that
18 Defendants were not authorized to use said Marks on the Counterfeit Goods.
19 Plaintiff is therefore entitled to recovery of treble damages pursuant to 15 U.S.C.
20 1117(a). Further, Defendants' knowing, intentional and/or willful actions make
21 this an exceptional case, entitling Plaintiff to an award of reasonable attorney fees
22 pursuant to 15 U.S.C. 1117(a).
23 39. Defendants' actions also constitute the use by Defendants of one or
24 more "counterfeit mark" as defined in 15 U.S.C. 1116(d)(l)(B). Plaintiff
25 therefore reserves the right to elect, at any time before final judgment is entered in
26 this case, an award of statutory damages pursuant to 15 U.S.C. 1117(c)(l) and/or
27 (2).
28 I I I
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COMPLAINT FOR DAMAGES
0
1 40. The acts of direct and/or contributory trademark infringement
2 committed by Defendants have caused, and will continue to cause, Plaintiff
3 irreparable harm unless they are enjoined by this Court.
4 SECOND CAUSE OF ACTION
5 (False Designation of Origin, False or Misleading Advertising Against
6 Defendants KAREN BECKER, KATINKAS USA, LLC, and DOES 1-10,
7 Inclusive)
8 [15 U.S. C. 1125 (a)]
9 41. Plaintiff hereby incorporates by reference each of the other
10 allegations set forth elsewhere in this Complaint as thought fully set forth in this
11 cause of action.
12 42. Defendants' actions as described herein constitute direct and/or
13 contributory violation of 15 U.S.C. 1125(a)(1)(A), as such actions are likely to
14 cause confusion, or to cause mistake, or to deceive as to the affiliation,
15 connection, or association of Defendants with Plaintiff and/or as to the origin,
16 sponsorship, and/ or approval of such Counterfeit Goods by Plaintiff.
17 43. As a proximate result of Defendants' violation as described herein,
18 Plaintiff has been damaged in an amount to be proven at trial. Further, Plaintiff
19 alleges on information and belief that, as a proximate result of defendant's direct
20 and/or contributory trademark infringement, Defendants have unlawfully profited,
21 in an amount to be proven at trial.
22 44. Defendants' acts of violating, directly and/or contributorily, Section
23 1125 have caused, and will continue to cause, Plaintiff irreparable harm unless
24 they are enjoined by this Court.
25 I I I
26 I I I
27 I I I
28
- 14.
COMPLAINT FOR DAMAGES
1 THIRD CAUSE OF ACTION
2 (Trademark Dilution Against Defendants KAREN BECKER, KA TINKAS
3 USA, LLC, and DOES 1-10, Inclusive)
4 [15 U.S.C. 1125(c)]
5 45. Plaintiff hereby incorporates by reference each of the other
6 allegations set forth elsewhere in this Complaint as though fully set forth in this
7 cause of action.
8 46. Plaintiffs marks are distinctive and famous within the meaning of
9 the Lanham Act.
10 4 7. Upon information and belief, Defendants' unlawful actions began
11 long after Plaintiffs mark became famous, and Defendants acted knowingly,
12 deliberately and willfully with the intent to trade on Plaintiffs reputation and to
13 dilute Plaintiffs mark. Defendant's conduct is willful, wanton and egregious.
14 48. Defendants' intentional sale of fake, pirated and counterfeit items
15 bearing Plaintiffs marks is likely to cause confusion, mistake, or to deceive,
16 mislead, betray, and defraud consumers to believe that the substandard imitations
17 are genuine products manufactured by Plaintiff. The actions of Defendants
18 complained of herein have diluted and will continue to dilute Plaintiffs marks,
19 and are likely to impair the distinctiveness, strength and value of Plaintiffs marks,
20 and injure the business reputation of Plaintiff and its marks.
21 49. Defendants' acts have caused and will continue to cause Plaintiff
22 irreparable harm. Plaintiff has no adequate remedy at law to compensate it fully
23 for the damages that have been caused and which will continue to be caused by
24 Defendants' unlawful acts, unless they are enjoined by this Court.
25 50. As the acts alleged herein constitute a willful violation of section
26 43(c) of the Lanham Act, 15 U.S.C. 1125(c), Plaintiff is entitled to injunctive
27 relief as well as monetary damages and other remedies provided by 15 U.S.C.
28 1116, 1117, 1118, and 1125(c), including Defendants' profits, treble damages,
- 15-
COMPLAINT FOR DAMAGES
1 reasonable attorney's fees, costs and prejudgment interest.
2 FOURTH CAUSE OF ACTION
3 (Unfair Competition Against Defendants KAREN BECKER, KATINKAS
4 USA, LLC, and DOES 1-10, Inclusive)
5 California Business & Professions Code 17200 et seq.
6 51. Plaintiff hereby incorporates by reference each of the other
7 allegations set forth elsewhere in this Complaint as thought fully set forth in this
8 cause of action.
9 52. Defendants' actions described herein constitute unlawful, unfair
10 and/or fraudulent business acts or practices. Defendants' actions thus constitute
II "unfair competition" pursuant to California Business & Professions Code 17200.
12 53. As a proximate result of Defendants' actions, Plaintiff has suffered an
13 injury in fact, including without limitation, damages in an amount to be proven at
14 trial, loss of money or property, and diminution in the value of its trademarks.
15 Plaintiff therefore has standing to assert this claim pursuant to California Business
16 & Professions Code 17204.
17 54. Defendants' actions have caused, and will continue to cause Plaintiff
18 to suffer irreparable harm unless enjoined by this Court pursuant to California
19 Business & Professions Code 17203. In addition, Plaintiff requests that the
20 Court order that Defendants disgorges all profits wrongfully obtained as a result of
21 Defendant's unfair competition, and order that defendant pay restitution to
22 Plaintiff in an amount to be proven at trial.
23 I I I
24 I I I
25 I I I
26
27
28
- 16-
COMPLAINT FOR DAMAGES
0
FIFTH CAUSE OF ACTION
2 (Federal Copyright Infringement Against Defendants KAREN BECKER,
3 KATINKAS USA, LLC, and DOES 1-10, Inclusive)
4 [17 U.S.C. 501(a)]
5 55. Plaintiff hereby incorporates by reference each of the other
6 allegations set forth elsewhere in this Complaint as thought fully set forth in this
7 cause of action.
8 56. Plaintiff is the exclusive owner of copyrights in and related to its
9 SPECK-branded products packaging, having numerous applications relating to
10 the same pending with the United States Copyright Office and possessing
11 copyright registrations with the United States Copyright Office.
12 57. Defendants did not seek and failed to obtain Plaintiffs consent or
13 authorization to utilize, manufacture, reproduce, copy, display, prepare derivative
14 works, distribute, sell, transfer, rent, perform, and/or market Plaintiffs copyright-
IS protected materials.
16 58. Without permiSSion, Defendants intentionally and knowingly
17 reproduced, counterfeited, copied, displayed, and/or manufactured Plaintiff's
18 protected works by offering, advertising, promoting, retailing, selling, and
19 distributing counterfeit SPECK-branded products contained within product
20 packaging which is at a minimum substantially similar to Plaintiffs copyright
21 protected product packaging.
22 59. Defendants' acts as alleged herein, constitute infringement of
23 Plaintiffs copyright, including Plaintiffs exclusive rights to reproduce, distribute
24 and/or sell such protected material.
25 60. Defendants' knowing and intentional copyright infringement as
26 alleged herein has caused and will continue to cause substantial and irreparable
27 harm to Plaintiff and has and will continue to cause damage to Plaintiff. Plaintiff
28 is therefore entitled to injunctive relief, damages, Defendants' profits, increased
- 17-
COMPLAINT FOR DAMAGES
1 damages, and reasonable attorney's fees and costs.
2 SIXTH CAUSE OF ACTION
3 (Common Law Copyright Infringement Against Defendants KAREN
4 BECKER, KATINKAS USA, LLC, and DOES 1-10, Inclusive)
5 [California Civil Code 980 et seq., and California Common Law]
6 61. Plaintiff hereby incorporates by reference each of the other
7 allegations set forth elsewhere in this Complaint as thought fully set forth in this
8 cause of action.
9 62. At all times relevant herein, Plaintiff has held and still holds the
10 exclusive rights under California law and common law to reproduce, distribute, or
11 license the reproduction and distribution of the artwork, design, pictures,
12 representation, model and patterns protected by Plaintiffs Common-Law
13 Copyrights in any and all formats and mediums, throughout the United States.
14 63. The artwork, design, pictures, representation, model and pattern of
15 protected by Plaintiffs Common-Law Copyrights are original works in tangible
16 form which have been widely disseminated and published since at least in or
17 about September 2001.
18 64. The conduct herein complained of was extreme, outrageous,
19 fraudulent, and was inflicted on Plaintiff in reckless disregard of Plaintiffs
20 rights. Defendants' acts have irreparably harmed and continue to harm Plaintiffs
21 exclusive proprietary rights and constitute common law copyright infringement
22 and unfair competition. Defendants' outrageous conduct supports an award of
23 exemplary and punitive damages in an amount sufficient to punish and make an
24 example of Defendants and to deter them from similar conduct in the future.
25 65. Each infringing transfer, duplication, sale, rental, distribution, display
26 and other exploitation of the artwork, design, pictures, representation, model and
27 patterns protected by Plaintiffs Common-Law Copyrights constitutes a separate
28
- IS-
COMPLAINT FOR DAMAGES
0
1 claim against Defendants under common law copyright and California Civil Code
2 980.
3 SEVENTH CAUSE OF ACTION
4 (Federal Design Patent Infringement Against Defendants KAREN BECKER,
5 KATINKAS USA, LLC, and DOES 1-10, Inclusive)
6 [35 u.s.c. 271]
7 66. Plaintiff hereby incorporates by reference each of the other
8 allegations set forth elsewhere in this Complaint as though fully set forth in this
9 cause of action.
to 67. Plaintiff Is the owner of the Design Patent with the USPTO
11 registration no.: US 8,204,561 B2. (See Exhibit "E," Design Patent hereto)
12 68. Defendants have infringed and continue to infringe Plaintiffs Design
13 Patent by using, selling and/or offering to sell, in the United States and/or
14 importing into the United States, Counterfeit Goods which embody the designed
15 covered by the Design Patent. Defendants' infringing products include all of the
16 ornamental designs in Plaintiffs Design Patent drawings. By its conduct,
17 Defendants have violated 35 U.S.C. 271 by direct infringement of Plaintiffs
18 Design Patent.
19 69. On the basis allege, Defendants have gained profits by virtue of its
20 infringement of the Design Patent.
21 70. As a direct and legal result of Defendants' wrongful conduct,
22 Plaintiff has been and will be irreparably and permanently harmed; wherefore
23 Plaintiff is without an adequate remedy at law. Accordingly, Plaintiff is entitled to,
24 among other things, an order enjoining and restraining Defendants from further
25 engaging in the infringement of the Design Patent.
26 71. Defendants' infringement of the Design Patent is and has been willful.
27 Accordingly, Plaintiff is entitled to its monetary damages, in an amount to be
28 proven at trial, and award of treble damages, and its reasonable attorney's fees and
- 19-
COMPLAINT FOR DAMAGES
0
1 costs.
2 REQUEST FOR RELIEF
3 WHEREFORE, Plaintiff hereby respectfully requests the following relief
4 against Defendants KAREN BECKER, KA TINKAS USA, LLC, and DOES 1-10,
5 inclusive, and each of them as follows:
6 I. An order and judgment preliminary and permanently enJOimng
7 Defendants and their officers, directors, agents, servants, employees,
8 affiliates, attorneys, and all others acting in privity or in concert with
9 them, and their parents, subsidiaries, divisions, successors and assigns
10 from further acts of infringement of Plaintiffs asserted Design Patent;
11 2. For an award of Plaintiffs damages and Defendants profits adequate to
12 compensate Plaintiff for Defendants' infringement of the Design Patent,
13 and in no event less than a reasonable royalty for Defendants' acts of
14 infringement, including all pre-judgment and post-judgment interest as
15 the maximum rate permitted by law;
16 3. For an award of all damages, including treble damages, based on any
17 infringement found to be willful, pursuant to 35 U.S.C. 284, together
18 with prejudgment interest;
19 4. For an award of all profits, pursuant to 35 U.S.C. 289 together with
20 prejudgment interest;
21 5. For an award of Defendants' profits and Plaintiffs damages in an
22 amount to be proven at trial for trademark infringement under 15 U.S.C.
23 1114(a);
24 6. For an award of Defendants' profits and Plaintiffs damages in an
25 amount to be proven at trial for false designation of origin and unfair
26 competition under 15 U.S.C. 1125(a);
27 7. For $2,000,000.00 per counterfeit mark per type of goods sold, offered
28 for sale, or distributed under 15 U.S.C. 1117(c);
-20-
COMPLAINT FOR DAMAGES
1 8. For an award of Defendants' profits and Plaintiffs damages in an
2 amount to be proven at trial for trademark dilution under 15 U.S.C.
3 1125(c);
4 9. In the alternative to actual damages and Defendants' profits for the
5 infringement and counterfeiting of Plaintiffs trademarks pursuant to the
6 Lanham Act, for statutory damages pursuant to 15 U.S.C. 1117(c),
7 which election Plaintiff will make prior to the rendering of final
8 judgment;
9 10.For restitution in an amount to be proven at trial for unfair, fraudulent
10 and illegal business practices under Business and Professions Code
11 17200;
12 11.For damages to be proven at trial for common law unfair competition;
13 12.For temporary, preliminary and permanent injunctive relief from this
14 Court prohibiting Defendants from engaging or continuing to engage in
15 the unlawful, unfair, or fraudulent business acts or practices described
16 herein, including the advertising and/or dealing in any counterfeit
1 7 product; the unauthorized use of any mark, copyright or other
18 intellectual property right of Plaintiff; acts of trademark infringement or
19 dilution; false designation of origin; unfair competition; and any other
20 act in derogation of Plaintiffs rights;
21 13.For an order from the Court requiring that Defendants provide complete
22 accountings and for equitable relief, including that Defendants disgorge
23 and return or pay their ill-gotten gains obtained from the illegal
24 transactions entered into and or pay restitution, including the amount of
25 monies that should have been paid if Defendants' complied with their
26 legal obligations, or as equity requires;
27 14.For an order from the Court that an asset freeze or constructive trust be
28 imposed over all monies and profits in Defendants' possession which
- 21 -
COMPLAINT FOR DAMAGES
1 rightfully belong to Plaintiffs;
2 15.For destruction of the infringing articles in Defendants' possession under
3 15 u.s.c. 1118;
4 16. For treble damages suffered by Plaintiff as a result of the willful and
5 intentional infringements and acts of counterfeiting engaged in by
6 Defendants, under 15 U.S.C. 1117(b);
7 17.For damages in an amount to be proven at trial for unjust enrichment;
8 18.For an award of exemplary or punitive damages in an amount to be
9 determined by the Court;
10 19.For Plaintiffs reasonable attorney's fees;
11 20.F or all costs of suit; and
12 21.For such other and further relief as the Court may deem just and
13 equitable.
14 DEMANDFORJURYTRIAL
15 Plaintiff SPECULATIVE PRODUCT DESIGN, LLC, dba SPECK
16 PRODUCTS, respectfully demands a trial by jury in this action.
17 DATED: March 27,2013
18
19
20
21
22
23
24
25
26
27
28
B y : ~ ~ - - ~ ~ ~ - - - - - - - -
Chris p er D. son, Esq.
Christo e . P am, Esq.
Marcu aney, Esq.
H g Q. Pham, Esq.
Attorneys for Plaintiff
SPECULATIVE PRODUCT DESIGN,
LLC dba SPECK PRODUCTS
22.
COMPLAINT FOR DAMAGES
0
EXHIBIT A
0
lint Cl.: 9
Prior U.S. <Cis.: 21, 23, 26, 36 and 38
lf.Jnited Stltes Patent and 1rrat!llemart Offfice
1!'RADEM..r\RK
PRINCIDP AL REGISTER
SPECT(
Reg. No. 3,663,010
Regfslered Aug. 4, 2009
SPECULATIVE PRODUCT DESIGN, INC. (Ct\LI TJ\ PLAYERS, AND PERSONAL DIGITAL ASSIS.
FO.RNIA CORPORA TlON), DBA SPECK PRO- TANTS, IN CLASS 9 (U.S. CLS. 21, 2;}, 26, 36 AND 38).
DUCTS
221 FOREST AVENUE FIRST USE 12-312003: IN COMMERCE 12312003.
PALO ALTO, CA 94301
THE: ;'.!ARX. CONSISTS OF STAl'.'DARD CHAR
FOR.: PROTE(..'T!VE CARR Y!NG C\SES FO.R ACTERS WlTHOUT Cl.AlM TO ANY PARTICULAR
PORTABLE ELECfRONJC LISTENING DEVICES FONT, STYLE, SIZE, OR COLOR.
A."''D MUSIC PL'I YERS, NAMELY, MPJ PLJ\ YF.R.S, SER. NO. 77-.5
98
,1SO, Fi' EO I0-22-:!008.
AND FOR PORTADLE COMPUTERS, GLOBAL PO- ..
S[TlONJNG SYSTEMS (GPS DEVICES), MOBILE
r\ND CELLULAR. TELEPHONES, PORTABLE MED- AISHA SAL!Th-[, EXAMINING ATIORNBY
0
EXHIBITB
0
,. -
nnt a.: 9>
Pliioll' ll.J.. Os.: 21, 23, 26, 36 and 38
St2tes mlllld Tll'arllternwrk OU'Jfice
JReg. No. 3?666,002
Aug. 11, 2G
TRADEMA_QK
PRUNC!Pi--L P..EGJSTER
SPECULATIVE PP.ODUCT DESION, INC. (CALI- IA PLAYI!RS, Al'.'D PERSONAL DIGITAL ASSIS-
FORNIA CORPORATION), DBA SPECK PRO TA..WS,IN CLASS!> (U.S. CLS.ll, 23, 26, 36AND 38).
DUCTS .
227 FOREST AVENUE
PALO ALTO, CA 94301
FOR: PROTI:iCm
1
E CARRYING CASES FOR
PORTABLE ELECTROI\'lC USTENINO DEVICES
AND MUSIC PLAYERS, NAMELY. MP3 PLAYERS,
AND FOR PORTABLE COMPUTERS, GLOBAL PO
SITIONINO SYSTEMS tOPS DEVICES), MOBILE
Al\'D CELLULAR TELEPHONES, PORTABLE MED
FIRST USE 1-31-2007; IN COMMERCE 1312007.
THE !liARK CONSISTS OF AN ASTERISK BE-
TWEI.!N PARENTHESES FOLLOWED BY THE
WORD "SPECK" IN STYLIZED LEITERS.
SEII.. NO. 77-600,452, FILED 10-24-JOOS.
AtSHA SALEM, EXAJdiNING A TIORNEY
0
EXHIBITC
0
Int. CJ.: 9
Prior lU.S. Os.: :&1, 1:3, 26, 31> 3
l!Jnied States Patent and Trmdemal!'k Ofi'nce
Reg. No. 31,666,072
Reglstl!red Aug. !J, ZCG9
TRADEMARK
PRINCl!PAL REGXSTER
SPECULATIVE PRODUCT DESIGN, INC. (CALI
fORNIA CORPORATION), DBA SPECK PRO
DUCTS
2"!.7 FOREST AVENUE
PALO ALTO, CA
FOR: PROTECTIVE CARRYING CASES FOR
PORT ADL1 ELECTRONIC llSTENING DEVICES
AND :MUSIC PLAYERS, NAMEL i', MP3 PLAYERS,
AND FOR PORTABLE COMPUTI!RS, OLODAL PO
SlTIONlNG SYSTEMS (GPS DEVICES), MOBILE
M'D CELLULAR TELEPHONES, PORTABLE MED
IA PLAYERS, AI\'D PERSONAL DIGITAL ASSIS
TAKfS, IN CLASS 9 (U.S. CI.S. 21, 23, 26, 36 AND JB).
FIRST USE 1312007; IN COl\!MERCE 131-2007.
THE MARK CONSISTS OF AN 1\STEIUSK BE
TWE!t!N PARENTHESES.
SER. NO. 77-598,153, FILE!D IC!!-2000.
AlSHA SALct.l, EXAMINING ATrORNEY
0
EXHIBITD
0
C.A_J\fDYSlLfELL
JRcg. No. 3,817, 70.9 SPeCULATIVE JlHODUC'f DESIGN, lNC. (t:l\LIFORNlA CORPORATION). DBA S I ' E C I ~
I'ROI)UCTS
Registered July i3, 2010 227 FOREST AVENUI!,
I'ALOAL'I'O, CA !14301
Unt. 0.: 9
TRADEMARK
PRNCfPAL REGISTER
FO!l: l'ltliTI!CTIVJ:: !.!ARHY!NU <.:ASES fOR hU'J l'LAYEns, MOE!ILE ANIJ lTI.J.lJI.I\1{
THI.EPIIONES, POR'li\111.11 ""IEDIA PI.AYERS,AND f'ERSONI\1. DIOI'Ii\L ."SS!STJ\1'>/'IS,
IN CLASS 9 (U.S. CLS. 21,23,26, 36AND Jl!).
!IIHSTUSE 16-200\1; IN COMlviERCE 1-6.2009.
THE MARK CONSISTS OF STANDARD C!iARACTERS WITHOUT CLAIM TO ANY PAR
TICULAR FONT, STYLE, SIZE. OR COLOit
flEil NO. 77-R111,2JJ, Fll.r:D 11-25-2009.
Mt'\lTHEW J{AJ'l'AS, EXI\M!NINO A'rJ'OltNF.Y
0 0
EXHIBITE
0
o2> United States Patent
Mongan et al.
(54) ONE PIECE <.."0-l'ORM.ED EXTERIOR HARD
SHELL CASE WITH AN (<;LASTOMERIC
LINER FOR MOBILE ELECTRONIC
m:VICES
(75) Inventors: Ryan BID Mongan, Orange, CA (US);
David John Law, Seattle, WA (US);
Jarret Wets, San Fmncisco, CA (US);
Bryan 1M By-k, Fremont, CA
(US); Steplwo Reiger Myen, Redwood
City, CA (US)
(73) Assignee: Speeulative Product llestgn, LLC, I>alo
Alto, CA (US)
( ) Notice; Subject to any disclaimer, the term of this
patent is extended or adjusted under 35
U .S.C. 154(b) by o
(21) Appl. No.: 1312112.,363
Od.26,2011 (22) Filed:
(65) Prior Publication Data
US 2012/0031788AI Feb. 9, 2012
Related U.S. Application Data
(63) Cominuation of application No. 1]}366,769, filed on
Feb. 6, 2009.
(51) Int. a.
H05K 7100 (2006.01)
(52) U.S. CL ................ 4551575.8; 206/592: 361/679.55;
3611679.56; 4551575.1
(58) Field of Classification Sem:b ........................ Nono
See application file for complete search history.
(56) References Cited
U.S. PATF..NTJ)(X;UMENTS
5.265,720 A 11/1993 Mdiconi
5,816.45') A 10/1998 Armi;;tead
Q
11.111111111111111
GB
US008204561B2
(10) Patent No.: US 8,204,561 B2
Jun.l9,2012 (45) Date of Patent:
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(Continncd)
FOREIGN PATENT IXX..'UMENTS
2463712 A 312010
(Continued)
OrHHR PUBLICATIONS
VIdeo Product Review: iPbone 3G Cue Review: iFrogz Luxe liRL:
http/lwww.youtuhe.comlv.-atch'!v""':l.'1112uYzqU. Date Published:
Jan. 26, 2009 Uploaded by phonedog on Jan. 26, 2009. lpg.
(Continued)
Primary &aminer Rafael P'1mOutii:rrcz
Assi.sta11t f:Xaminer Daniel Nobile
(74) Attorney, Agent, or Firm SNR Denton US LLP
(57) ABSTRAC:T
A ooe-piece co-formed hard shell with an elas
tomcric liner formc.xl on the interior of the ctterior bani shell
for mobile cloctnmic devices. This hard protective Clllcrior
shell allows the device maximum protection from impact$
with sharp objects while the interior elastomeric portion that
provides shock prok:Ction tor the device from impacts. The
exterior hard shell part is formed 10 fit the device closely with
a small off.o;et from the devices surfilce. 1'lle exterior hard shell
mps around the of !he device. Tu allow the slw!IID be
able to be on the device the comers of the han! shell
are cut open. This allows each sidewall to flex away when a
lk."Vice is inserted and snap back onoe it is in place. The
e!llstomcr:ic material in the g;tps created at the comers of
the exterior hard shell to allow flex for mounting.
16 Claims, 6 Drawing Sheet
0
us 8.204,561 82
2
IXXJJMENTS 201010144411 AI
2010JOI4771S AI
201010243SIS Al
612010 Pettingill
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9120 I 0 Millh et a!.
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6,914,774 BJ
6,980,777 H2
6,981.589 B2
7,248,904 B2
7,343,184 B2
7,495,895 R2
[)593,319 s
0593,7<16 s
7SSI,'.I49 1!2
7,609,512 B2
7,623,898 B2
7,647,082 B2
0617,784 s
7,933,122 B2
2001!0002003 AI
200310030362 AI
2003!0068035 AI
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200310083094 AI
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2005/0174727 A1
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2006/0040550 AI
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20081003!H61 Al
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2009!0 111543 Al
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201010006314 AI
2010/007!1343 AI
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3!2008 Rostami
2/'l009 C.amevali
61'}1)()9 Ricllardson et a!.
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612009 Schwonn
I 012009 Ricllardson
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FORHl(iN l'ATENT l)()CUMENTS
WO 02/11161 AI 212002
OTIIBR J>UBLICADONS
Shod:: protection of ponable electronic product&: Shod:: re!!ponse
IIJ*-1rwn. damage boundaly approach, and beyond <loyal, S.
(Reprint); Papadopouws, JM; Sullivan, PA AT&T Bell Labi.lucent
Techno!, Wucless RDsLab,600MtAvo,Rm 11>-212, MwmyHill.N1,
07974(Reprint)SbodtandVibratioll,l997, voi.4,No.J,p.)69-l91.
Improving impact tolerance of portable elc!:tronic products: Case
&tudy of cellular phones S. Goyal, S. Upasani and D.M. Patellixperi-
meatal Mechanics Cover Dale: Mar. 18, 1999 Publisher:
Boston lSSN: 0014-485 I Subject: E!lgineering Start p.43 E.nd p. S2
vol. 39lsi!IW: 1 L"Rl.: http://dx.doi.org!l0.100718f02329300 DOT:
10.1007/BF02329300; 10 pp.
Ca.ndyShell Source: http:i/web.archive.oJgtwcb/2008!2 18035309/
http:ilwww.spcd::products.com/productslcandys.bellt1pbone-3g!
162, Dec. 18. 2008, 3 pp.
Role of &hock. respo1111e spectrum in electronic product suspension
d<:Sign Goyal, S .. Elko, Gacy W., Buratynski, 1-:dwud K. 'lbe lnter-
.llational1olll'llll ofMicrocircuits 1111d Electronic Packaging. vol. 23,
No.2, Socond Quarter, 2000, pp. 182-190 ISSN: 10631674
bttp:/lwww.imaps.orgljOWD&li2000fQ2/goyal.pdt 9pp.
Designing impact-tolerant cellular ph011cs and other
portable producta Goyal, S., Upasani, Sanjay S .. Patel, Dhiren M.
Bell f.absTcchllicaiJoutn.al. vol. 3, No.3, 1998, pp. 159-1741.)01:
IO.I002Ibltj.2123 $01.'1W): http:Jidx.doi.orgll0.10021bllj.2123. 24
pp.
il'hone Case Review Roundup: Vaja, Scna, OtterBox, DLO and
Hoxwave Soun:e: httjrJlwww.mobilo:tcchrevicw.comfiPod!iPhone-
cases-rwicw.htntAcccsscd: Sep. 27,2011, 8pp.
CapsuleRebeJ1'W for iPhonc lG Source: http:llweb.arcbivll.OflfwcbJ
2008122SO
Rcbcl.pllp, Dec. 25, 2008, 3pp.
C',.apsuleNeo'fW for iPhonc 3G &lutce: bttp:llweharchive.orgfwcb.l

pltp; Dec. 22, 2008, 4pp.
Speck. CandyShell for il'honc 3G Source: http:/lwcb.a:rchive.oqy
web/2009011921123S.Ihttp://ilounge.com/inde>t.phplreviews/entr)ll
speck-candy1hellfOripiwDo3g; Jan. 16, 2009, 7pp.
Spc:<:k; PCTI11S20 10022330 flkd Jan. 211, 20 10; ln!e11Wion.al
Search Report, lSAIUS; Mar. 31, 2010, 3 pp.
cited by examiner
0
0
U.S. Patent
Jun. 19, 2012 Sheet l of 6
US 8,204,561 B2
FIG.1
0
U.S. Patent Jun. 19, 2012 Sheet 2 of 6 US 8,204,561 B2
20
20
13
12
FIG. 2A
12
20
22
13
~ 2 1
FIG. 28
0
U.S. Patent Jun.l9,2012 Sheet 3 of6 US 8,204,561 B2
12
23
20
21
FIG. 3
0
U.S. Patent Jun. 19, 2012 Sheet 4 of 6 US 8,204,561 B2
12
FIG. 4
20
FIG. 6
0
Sb-
_.t Sot6
13
12
23
/:JG. S
0
Us. Pate,.t
0
US 8,204,561 B2
FIG. 7A
FIG. 78
us 8,204,561 B2
1
ONE Pl}:CE CO-FORMED J<:XTERIOR BARD
SHELL CASE WITDA."'l' t:I.A."iTOMERIC
LINER FOR MOBO:.E ELECTRONIC
DEVICES
2
users like the feel of thc Qrigina1 phone aod would like to
maintain that feel but still want protection fur their device.
The hard protective e1tteriorshell of the present invention has
a low coefficient of friction. This allows the device to easily be
RELA:l'HD AI>PLICA:I'IONS
s slipped in and out of pockets easily without becoming
attnchl..>d or without great resi5tance to clothing materials. A
major complaint .from I.'Uifent elastomeric case users.
This application is a CON11NUA110N of U.S. patent
application Ser. No. 121366,769, f.ded Feb. 6, 2009, the con-
tentii ofwhielt is incorporated hemin by reference. to
TECHNICAL PlliW OF Till INVEN'l10N
The case taught by the present invention has an interior
elastomeric portion that provides shock protection for the
device from dropping, faUs, or other impacts. The interior
elastomcric portion also ensures the device and the case fit
together with no gaps u the case is a single piece usembly.
The case has a very solid connection to the pbone and feels
e1ttremely high quality and lightweight. 1hc present invention relates gcncrnlly to handheld mobile
electronic devices, such as a per.;onal digi!al assistant, ccllu-
lar telephone, lab top computers or portllbltt digital media
player. More spccific11lly the present invention relates to a
multiple-component protective case for mobile electronic
devices.
15 What makes this case different is the geometry and manu
factnring of the case. The exterior hard shell part is formed to
fit the di."'licc closely with a small offset from tbe devices
surface. The exterior hard shell raps around the edges of the
device it is tormed for. To allow the shell to be able to bc
BACKGROUND OF TilE INVENTION
20 mounted on the device thc comers of the hard shell are cut
apen. This allows each sidewall to flex away when a device is
in..,._>rted and snap back once it is in place. The unique aspect
There are mnny cases for handheld electronic devices. of this case is that lhe elastomeric material is limned in
'I hey fall into four Illllin categories: Hlutomeric/Rubbor addition to the exterior bard shell on interior of the exterior
skins, hard plastic shells, cut and sew matcriabr; and combi- 2S hard shell. The elastomcric materia IIllis in the gaps crested at
nations of these. In general the elastomeric cases are a single the comers of the exterior hard mel! to allow the hard shell to
skin which, because of the flexible nature of the materiol, can flex for mounting. Theelastomeric material is provided in this
easily be stretched over the device and then once installed location becau.o;e it hw; much greater inh=t flexibility than
conform closely to the shape of lbe device. The rubbery the plastic or metal of the exll.'rior hard shell and it stretches
material can pmvidc very good shock rcsistance.lbe down 30 sufficiently to alluw the sidewalls of the exterior hard shell to
side of these types of CBSI."S is that the lllastomeric malerial has still flex away on mounting. This creates a one-piece cue that
a high surface friction ct>efficient. This makes this type of wraps around a phone or other mobile electronic device even
case difficult to place in and romnve from pockets Wld other on COIIll:IS Wld prevents dirt and fluids from emering wber-
tight places. What is needed is a device that oflbrs the very 1.-vcr possible. The elastomeric liner also can bc fimru:d over
good shock resistance of an cl!llltomeric case without the high 35 the buttons on the phone wherein a user simply presses the
>urface friction coeilicient making it more conveniern:e for clalitomeric liner corresponding to the ponion of the mobile
usc. electronic device input that is desired.
liard plastic shells normally arc manufactured as more
than one piece to aUow the device to slide into the case before
being closed in with a SIICOndary piece. Additionally thi.')' will 40
oftw have a liner of elastomeric material, which helps to
cushion the device. This can he co-molded, pert:naDelltly
attached or floating with the assembly. C"ut and S!.-w cases are
nonnally lllll<k from tlat stock material, which is cut into
patterns and then sewn into a shape thai the d1.'Vice can slide
into. 'Ihe device is then held in place, by friction or a strap of
some form. The downside to thl::se devices is that it can he
difficult to attached a device to a rigid case, or wbc:rc a case
bas a secondary piece for securing a device, it can add bulk to
the combination ofthedeviccand case, making it impractical. so
Additionally, the manufacture of cases which are roquirod to
BRIEF DESCRIP110N Or THE DRAWINGS
'!he nccompanying drawings, which arc incorporated
herein and torm a part of the specification, illustrate tbe
present invention and, together with the description, further
serve to explain the principles of the .invention and to cnablu
a person ski Ucd in the pertinent art to rnakJ= and use the
invention.
FIG. I is a perspective view of a handheld device
cue depicting the external hard shell layer wilh cut comers
and inner elastomeric lay!.'f of the carrying cue
where it fills in the cut comers of the external hard shell layer;
FIGS. :ZO and 2h are sectional views of the protective case
of the present invention showing the detent cn.."lltc..'<l by the
inner elastomeric layer for securing a device in the case;
FlU. 3 is a top orthogonal view of a handheld device
be cut and sewn together greatly increases cost. What is
needed is a case that combines both hard lihcll cases and
elastomeric materials that is easy to produce and requires
minimal material in its production.
SUMMARY OF TIIF. !NVENTION
5$ protective case depicting the external hard sheU layer with cut
comers and in.ncrclastomeric layeroftheprotectivecanying
case where is fills in the cot comers of the external hard shell
layer and an additiooallarp.c clastomcric overhand for =r-
'lbe present invention is an improwmont owr the existing ing a device;
cases because it combines the 60 FlO. 4 is sectional view ofthcprotlll.1ivecaseoftheprcsent
and the elastomeric cases while b!.>i.ng only a single part, invention showing the large elastomeric overhand for secur-
which is particularly useful from a consumer viewpoint. The ing a device;
present invention provides a hard protective exterior shell. FIG. Sis a Jl!.'TSJX.'Ctivc view of the protective case o!' the
This hard exterior sbell allows the device maxi pl'e$Cnt invention before a devke is secured therein;
mum protection from impacts with sharp obj1.-cl.s. The hard 65 FIG. 6 h; a perspective view or the proii.'Ciivc case attached
protective exterior sheJl mimics the finish of existing phones, to a sample device showing the di..'tcnl created by the iuncr
MP3/4 players, and other mobile electronic devices. Many elastomcric layer for securing 11 device in the case; and
US 8,204,561 B2
3
FIGS. 1a and 7bare perspective views of !he present inven-
tion depicting the external hard shell layer with cut comers
and inner elastomerlc layer of the protective canying case is
a resting, securing position and in an expanded, device inser-
tion position.
DliTAII.rill DESCRll'110N Of TilE INVENTION
4
cut would be fonned in the elastomeric material but the flex
ing to allow a device 10 be inserted into !he protective case
would come from the harder material, and again, cuningaway
the comers of the case allows the sides to easily flex.
FIGS. 2a and 6 are sectional views of the protective 10
of the present invention showing the detent 20 Cl'tllltcd by the
inner elastomeric layer 13 for secoringa device HI in the case.
The protective case 10 is fitted to clasp on10 a device 19, and
In the following detail(.'!! of the invention of incorporates a deteutlO to ensure a snug and secuJ'\l fJt.
exemplary embodiments of the invention, reference is made to In an alt!."mlllivc embodiment as shown in FIGS. lb and 4,
IO!heaccompanyingdrawings{wberulikcnumbersrepresent an additional large clastomeric overhllng 21 for securing a
like clements}, v.ilich form a part hereof, and in which is device 19 may be included in the protective case 10. This
shown by w-.zy of illustration specific exemplary cmbodi- illustrates a alternative embodiment where ralher
ments in which the invention may be practiced. 'lbese thanhavinganundercutinlheextemalhardshelllayerl3and
embodiments arc described in sufficient detail to enable those IS its corresponding sides of the protective case 10, the inner
skilled in. the art 10 practice the invention, but otbec emblxli clastomeric layer 13 forms features that would secwe the
ments may be utilized and logical, mechanical, electrical, and protective case to a device 19.
other changes may be made without departing from !he scope These feat:urcs could be dctcnts 20 as described along the
of the prcl'l.-'111 invcn.tian. The following detailed description is side or top and bottom of the external bard shell layer 1.2 or it
therefore, not to be taken in a limiting sense, and the scope of 20 could be a large area like illustrated in FIGS. 2b and 4 where
the present invention is defined only by the appended clai.ms. an additional large elastom.eric overhang 21 for securing a
'l'b.e invention will IIDW be described with reference 10 FIG. device 19 may be included in the protective case 10 so that a
1, which iu perspective view of !he case 10 depict device would be slipped Ullder Olldsecurcd thorcby with some
ing the outer layer of the protective U, comprising two form of undercut on the opposite end whether molded iniO the
separate layers, an first external hard shell layer 12 and a 2S extemallwd shclllayer 12 or the inner layer 13.
second interior elastomcrie layerl3. The lirsl cxtemal hard As shown in FIGS. 3 and 5, the cxtcmal hard s.hclllay(.'fll
shell layer 1.2 and a second interior elastomerlc layer 13 are defines a fitted cavity ll fitted to clasp omo a device 19 and
combined 10 independently attach 10 a handheld device 19 incorporates a detent .20 10 ensure a snug and secure fit. The
and incorporate at least one vicwing window 14, input/output handheld device 19 protective case depicts the extemallwd
access ports 15, 16, and 17, and molded elastomerlc covers 30 shell layer 12 with cut co.mcrs 23 and innerelastomeric layer
over device buttons, accessible though holes in the hard shell 13 of !he carrying case where the inner elas10mcric
18 und 16. This hard protoolive exterior shellll allows the layer 13 fills in th1.1 cut comers .23 of the external hard &hcll
device maximum protection from impacts with sharp objects. layer 11.
The external hard shell layer 12 mimics the fmish of existing What makes this case different is the goometry and manu
phones, MP3/4 players, and other mobile electronic devices. 3S facturing of the case. The external bard shell layer n is
Many uscxs like th1.1 feel of the original pllooo and would like formed 10 fll a device 19 closely with a small offset from the
10 mainmin that feel but still want protection for their device &.:vices surface. The external hard shell layer 12 raps around
19. l'b.e extemal hard shell layer 12 ofthe present invention lhe t:dges of a device 19 it is formed for. To allow the external
bas a low coefficient of friction. This allows the device to hard shell layer 1.2 to be able to be mounted on a device 19 the
easily be slipped in and out of pockets easily without becom 40 comers lJ of the external hard shell layer 12 arc cut open.
ing attached or without great resistance to clothing materials. This allows each of the extcm.al bard shell layer 12 to
With further to FIG. 1, the external hard shell flex away when a device 19 is inserled and snap back oocc it
layer 12 is llltached to the second interiur elastomcric layf..'r is in place. unique &'Peel of the protective case 10 is that
13. 1be extcmal hard shell layer 1.2 and the interior elasto an inner elastomeric layer 13 is formed in addition to the
merle layer 13 may be attached in several ways, such as glue, 45 external hard shell layer 12 on the interior of the external hard
chemical bonding, heating, heat treated chemicals or any shell layer 12. The inner elastomerlc layer 13 fills in the gaps
other means know in the an which pemllllll.!!l.tly attach the crooted ut the comers .23 of the external hard shell layer 1l to
external hard shell layer 12 to the interior elasiOmeric layer allow the external bard shell layer 12 to flex during mounting
13. The iutcrior ela&1omcric portion 13 provides shock pro shown in FIGS. 7a and 7b.
tcction for the device from dropping, fal1s, or olher impacts. so The inner elastomcric layer 13 is provided in this location
The intcriorelastomeric portion 13 also ensures the device 19 because it has much gl\-'llter inherent flexibility than the plas
and the protective ta'IO 10 fit together with no gaps as the tic or metal of the external hDrdsbclllaycr 12 and it stretches
protcctive case 10 is a single piece assembly. The protective sufficiently to allow the sidewalls of the external hard shell
case bas a VW)' solid co1111ection to a device 19 Wld feels layer 1l to !>till tlex away on l1lOUilling as shown in FIGS. 7a
!.'Xlrcmely high quality and ligbtw1::ight. ss and 7b. ]his creates a one-piece protective calie 10 that wraps
Depending on manufacturing methods other materials around a device even on comers and p.-vcnts dirt and ftuids
made be used to replace the hard pllll>"tic used by the external from entering wherever possible.
bard shell layer 12 in a pn:fcrrcd 1..-mbodimcnt of the present The Jnn.=r chtlllom<:rio liY'-'T 13 also can be formed over the
invention. For example, if it was desired to make 11 mcJal/ buttons on a device 19 wherein a user simply presses the
elastomerlc combo ft>r the protective case 19 without over- 60 exposed inner clastomeric layer 13 corresponding to the por
bangs in the lwd material, in this example metal, a simple tian of the mobile electronic device input that is desired as
bending proccn could be considered for the metal manufac- by the bunon 18 and26on FIG.l. FIGS. ?a and ?b
turing. An over molded interior clll!ltomeric layer 13 would arc perspective views of the present invcn.tion depicting the
providethcundercutstosccureadevice. Thcmctalorhard10 external hard shell layer 1.2 with cut corners 23 and inner
material would then simply provide li fi-dllli.'Work lOr !he 65 el.u."tomcric layer 13 of the protective canying case 10 is a
softer material intcriorlaycr and also provide the stiff resting, securing position 24 and in an expandod, device
ness to allow !he device to be held in the opening. The under- insertion position 25.
US 8,204,561 B2
5 6
lt is appreciaU:d that the optimum dimensional relation- that is sufficiently flexible to enable the co-molded one-piece
ships for the parts oftbe invention, to indude variation in si:t.tl, assembly to deform and lhe.reby accept insertion of the per-
marerials, shape, form, function, and manner operation, son.al electronic device.
assembly and use, are deemed readily apparent and obvious 6. The one-piece case of claim 1, wherein the exterior hard
to one of ordiwlry skill in the art, and all equivalent relation- s layer includes at lt:ait four side surfaces that intenect to form
ships to those illustrated in the drawings and <h.-scribed in the at least four comer joints and two of the comer joints com-
above an:: intended to be encompassed by the prise cut-away portions that expose the co-molded flexible
preloiCnt invention. im:lcr layer.
Furthermore, other areas of art may benefit :from lhi& 7. The one-piece case of claim 1, wherein the co-molded
method and adjustments to the cbign are anticipated. 'lbus, to one-piece assembly includes an overllang extending trom a
the scope of the invtllltion should be determined by the topportionofoneormoreofthesideswfaccsinparalleltothe
appended claims and tm..ir l<.'gll) equivalents, rllther than by bottom surface of the one-pkcc case.
the examples given. S.lbc one-piece case of claim 1, further comprising:
What is claimed is: an opening parallel to lhe bottom surface of the flexible
1. A one-piece case for enclosing a peMltlul electronic IS innerlayerpositionedsuchthataportionoftheinserted
ck'Vice comprising: personal electronic device is not enclosed by tbc co-
a flexible inner layer co-molded wilh an exterior hard layer molded one-piece assembly.
and permanently aflixed together to fonn a co-molded 9. The of claim 8, wherein an overhang extending
On<."-picce assombly; from a top portion of one or more of the side surfaces and
wherein the co-molded om.'-picce assembly is sufficiently 2o extends completely around the perimeter of the opening.
flexible to accept inse:rtion of tbc personal electronic 10. The one-piece case of claim 1, further comprising:
dt.'Vicc and sufficiently rigid to securely retain the an aperture sua:l and positioned to align v.ith a feature of
inserted pei'IIOnal cloctronic device, wherein: the inserted personal electronic &."Vice and !hereby
the tlexible inner layer includes a lx1ttom surfuce. side enable access to the feature.
surfiK:cs joined to the bottom surface and extending 2S 11. The one-piece case of claim 1, wherein the side sur-
upward therefrom, and a litted cavity coo..!igured to Jaces ofat leat."t one of the flexible inner layer and the exterior
accept and retain the ialierted pet110n.al electronic device hard layer extend above a top surface of the inserted personal
such that the bottom surfilce covers at least a portion of eiel."trunic device.
a bottom lit!Cf.lce of lhe inserted personal electronic 12. The one-piece case of claim 1, wherein the flexible
d1.'Vice and the side surfaccs cover at least a portion of a 30 inner layer is manufactured from at least one of robber, sill-
side surface of the inserted personal electronic device; con, plastic, or tab ric.
the exterior bard layer includes a bottom surface and side 13. 1be one-piece case of claim 1, wherein the exterior
surfaces sized and shaped to substantial! y cover an cJtte- hard layer is manufactured from at least one of plastic, m.ctal,
rior of the bottcm and side sur:fuecs of the flexible inner 11 polyc-.ubonatc material, or a para-amnid material.
layer and a cut away portion that is permanently filled JS 14. The case of claim 1 wherein the co-molded one-piece
with a portion of the co-moldod flexible inner layer. assembly comprises a plurnlity of .mdiused corners and a
2. '!be one-picct< ca.<;e of claim 1, wherein the cut-away plurality of cut-away portions and wherein each of the plu-
portion forms an expansion portion in. the co-molded one- rality of radiused corners contairu; one of the plurality of
piece assembly that contributes to the overall flexibility of the cut-away portions.
co-molded one-piece assembly. 40 IS. '!be one-piece case of claim 1, wherein the exterior
3.'Ibconc-piccccascofclaim1,whcreinthettcxibluinm.'1' hard layer includes at least two side surfaces that form a
layer of the CQmolded one-piece assembly provides shock radiused comer and the cut-away portion is located at sub-
protection for the enclo!IW personal electronic device. stantially the bisector of the radiused comer.
4. The one-piece of claim 1, wherein the side surfaces 16. The case of claim 1 wherein the cut-away portion that
of the exterior hard layer form a corner joint and lhe CO 4S ispermane.ntlyfilledwithaportionofthcftexibleinnerlayer,
molded flexible inner layer fills in the cut-away portion extends through at least the side surface and a portion of the
located at the comer joint contributing to the overall fiexibil- bottom surface of the exterior hard layer.
ity of the one-piece case.
S. Tbe one-piece case of claim 1. wherein the flexible inner
layer that fills in the cut-away portion creates a stretch-woe
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
DEFENDANTS
ORIGINAL
I (a) PLAINTIFFS (Check box if you are representing yourselfO)
SPECULATIVE PRODUCT DESIGN, LLC, a California Limited Liability
Company d/bJa SPECK PRODUCTS,
KAREN BECKER, an Individual, KA TINKAS USA, LLC, a Utah Limited
Liability Company, and DOES I -10, Inclusive,
(b) Attorneys (Firm Name, Address and Telephone Number. If you are representing
yourself, provide same.)
JOHNSON & PHAM, LLP, 6355 Topanga Canyon Blvd., Suite 326 Woodland
Hills, CA 91367, Ph: 818-888-7540; Fax: 818-888-7544
Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an X in one box only.) Ill. CITIZENSHIP OF PRINCIPAL PARTIES- For Diversity Cases Only
(Place an X in one box for plaintiff and one for defendant.)
0 1 U.S. Government Plaintiff fi 3 Federal Question (U.S.
Government Not a Party) Citizen ofThis State
0 2 U.S. Government Defendant 0 4 Diversity (Indicate Citizenship Citizen of Another State
of Parties in Item Ill)
PTF DEF
01 01
02 02
PTF DEF
Incorporated or Principal Place 04 04
of Business in this State
Incorporated and Principal Place 05 05
of Business in Another State
Citizen or Subject of a Foreign Country 0 3 0 3 Foreign Nation 06 06
IV. ORIGIN (Place an X in one box only.)
r!fi1 Original 0 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from another district (specify): 0 6 Multi- 0 7 Appeal to District
Judge from
Magistrate Judge
Proceeding State Court Appellate Court Reopened District
Litigation
V. REQUESTED IN COMPLAINT: JURY DEMAND: 'Jves 0 No (Check 'Yes' only if demanded in complaint.}
CLASS ACTION under F.R.C.P. 23: 0 Yes rfNo 0 MONEY DEMANDED IN COMPLAINT:$
VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)
Federal Trademark Infringement (15 U.S.C. Section 1114/Lanham Act Section 32(a))
VII. NATURE OF SUIT (Place an X in one box only.)
OTHERS'J"ATUTES
,,,.,, " ,'", <;. '
0400 State Reapportionment Fair Labor Standards
0410 Antitrust Marine 0310 Airplane
PROPERTY 0510 Motions to Act
0430 Banks and Banking Miller Act
0315 Airplane Product
0370 Other Fraud Vacate Sentence 0 720 Labor/Mgml.
0450 Commerce/ICC Negotiable Instrument
Liability
0371 Truth in Lending Habeas Corpus Relations
Rates/etc. Recovery of
0320 Assault, Libel &
0380 Other Personal 0530 General 0730 Labor/Mgmt.
0460 Deportation Overpayment &
Slander
Property Damage 0535 Death Penalty Reporting&
0470 Racketeer Influenced Enforcement of
0 330 Fed. Employers'
0385 Property Damage 0540 Mandamus/ Disclosure Act
and Corrupt Judgment
Liability
Product Liability Other 0 740 Railway Labor Act
Organizations 0151 Medicare Act
0340 Marine
. ..
0550 Civil Rights 0790 Other Labor
0345 Marine Product
0480 Consumer Credit 0152 Recovery of Defaulted
Liability
0 422 Appeal 28 USC 0555 Prison Condition Litigation
0490 Cable/Sat TV Student Loan (Excl.
0350 Motor Vehicle
158 I .l 0791 Empl. Ret. Inc.
0810 Selective Service Veterans)
0 355 Motor Vehicle
0423 Withdrawal 28 ;lmNALTY.&,,' Security Act
0 850 Securities/Commodities/ 0153 Recovery of
Product Liability
usc 157 0610 Agriculture
Exchange Overpayment of
0360 Other Personal
. aYliLRlOHTS 0620 Other Food & 0 820 Copyrights
0875 Customer Challenge 12 Veteran's Benefits
Injury
0441 Voting Drug Patent
usc 3410 0160 Stockholders' Suits
0362 Personal Injury-
0442 Employment 0625 Drug Related 840 Trademark
0 890 Other Statutory Actions 0190 Other Contract
Med Malpractice
0443 Housing/Acco- Seizure of ',; SOclAL S:ecuRITY
0 891 Agricultural Act 0195 Contract Product 0365 Personal Injury-
mmodations Property 21 USC 0 861 HIA (I 395ft)
0892 Economic Stabilization Liability Product Liability 0444 Welfare 881 0 862 Black Lung (923}
Act 0196 Franchise 0368 Asbestos Personal 0445 American with 0 630 Liquor Laws 0 863 DIWCIDIWW
0 893 Environmental Matters .. REAL'PRO:PERTY Injury Product Disabilities - 0 640 R.R. & Truck (405(g})
0894 Energy Allocation Act 0210 Land Condemnation Liability Employment 0650 Airline Regs 0 864 SSID Title XVI
0895 Freedom oflnfo. Act 0220 Foreclosure
.'.>'c'lli(MlQAATIOlt 0446 American with 0660 Occupational 0 865 RSI (405(g))
0900 Appeal of Fee Determi- 0230 Rent Lease & Ejectment
0462 Naturalization
Disabilities - Safety /Health T.AXSUJT$:
nation Under Equal 0240 Torts to Land
Application
Other 0690 Other Taxes (U.S. Plaintiff
Access to Justice 0245 Tort Product Liability
0463 Habeas Corpus-
0440 Other Civil or Defendant)
0950 Constitutionality of 0290 All Other Real Property
Alien Detainee
Rights 0 871 IRS-Third Party 26
State Statutes
0465 Other Immigration
USC7609
Actions
F
FOR OFFICE USE ONLY: Case Number: - .
AFfER COMPLETING C Pt HE INFORMATION REQUESTED BELOW.
CV-71 (05/08} CIVIL COVER SHEET Pagel of2
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
VIII(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? l'fNo 0 Yes
If yes, list case number(s): ---------------------------------------------------
VIII(b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case? <iNo 0 Yes
If yes, list case number(s): ---------------------------------------------------
Civil cases are deemed related if a previously filed case and tbe present case:
(Check all boxes that apply) 0 A. Arise from the same or closely related transactions, happenings, or events; or
0 B. Call for determination of the same or substantially related or similar questions of law and fact; or
0 C. For other reasons would entail substantial duplication oflabor if heard by different judges; or
0 D. Involve the same patent, trademark or one of the factors identified above in a, b or c also is present
IX. VENUE: (When completing the following information, use an additional sheet if necessary.)
(a) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named plaintiff resides.
0 Check here if the government its agencies or employees is a named plaintiff If this box is checked go to item (b).
County in this District:* California County outside of this District; State, if other than California; or Foreign Country
Santa Clara County, California
(b) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named defendant resides.
0 Check here if the government, its agencies or employees is a named defendant. If this box is checked go to item (c).
County in this District: Cal 1fornia County outside of this District; State, if other than California; or Foreign Country
Utah
(c) L1st the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH claim arose.
Note In land condemnation cases, use tbe location of the tract ofland involved.
County in this District:* California County outside of this District; State, if other than California; or Foreign Country
L{)s Angeles County, California
Los Angeles, Orange, San Bernardino, Riverside,
Note: In land condemnation cases use the location o e tract oft
Key to Statistical codes relating to Social Secun
Nature of Suit Code Abbreviation
861 HIA
862 BL
863 DIWC
863 DIWW
864 SSID
865 RSI
CV-71 (05/08)
the informati contained herein neither replace nor supplement the filing and service of pleadings
nfere the United States in September 1974, is required pursuant to Local Rule 3-1 is not filed
the civil docket sheet (For more detailed instructions, see separate instructions sheet)
Substantive Statement of Cause of Action
All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended
Also, include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the
program. (42 U.S.C. 1935FF(b)}
All claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969.
(30 U.S.C 923)
All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as
amended; plus all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405(g))
All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security
Act, as amended. (42 U.S.C. 405(g))
All claims for supplemental security income payments hased upon disability filed under Title 16 of the Social Security
Act, as amended.
All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended. (42
u.s.c. (g))
CIVIL COVER SHEET Page 2 of2