Case 1:14-cv-00155-EJF Document 2 Filed 11/24/14 Page 1 of 8

JAMES T. BURTON (Utah Bar No. 11875)

jburton@kmclaw.com
BRIAN D. TUCKER (Utah Bar No. 12265)
btucker@kmclaw.com
JOSHUA S. RUPP (Utah Bar No. 12647)
jrupp@kmclaw.com
KIRTON MCCONKIE
1800 Eagle Gate Tower
60 East South Temple
P.O. Box 45120
Salt Lake City, Utah 84145-0120
Telephone: (801) 328-3600
Facsimile: (801) 321-4893
Attorneys for Plaintiff Fit Four, LLC.
______________________________________________________________________________
IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF UTAH, NORTHERN DIVISION

FIT FOUR LLC, a Utah limited liability

company,

COMPLAINT

Plaintiff,
vs.

Case No.: 1:14-cv-00155-EJF

RAWW SPORTSGEAR, LLC, a California

limited liability company; RAMANPREET
SEKHON, an individual; and DOES 1 10,

Judge: Evelyn J. Furse

JURY TRIAL DEMANDED

Defendants.

Plaintiff Fit Four, LLC (Fit Four), by and through its undersigned counsel of record,
hereby complains against Defendants Raww Sportsgear, LLC (Raww), Ramanpreet Sekhon
(Sekhon), and Does 1-10 (collectively, Defendants) as follows.

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PARTIES
1.

Fit Four is a Utah limited liability company, having its principal place of business

in Bountiful, Utah.
2.

Raww is a California limited liability company with its principal place of business

located at 3600 Sawtelle Blvd., Apt. 103, Los Angeles, California 90066.
3.

Sekhon is an individual residing at 3600 Sawtelle Blvd., Apt. 103, Los Angeles,

California 90066.
4.

Fit Four is presently unaware of the true names and capacities, whether

individual, corporate, associate, or otherwise, of Defendant Does 1 through 10, inclusive, or of

any of them individually. Fit Four, therefore, sues these Defendants by such fictitious names.
Fit Four will seek leave of Court to amend this Complaint when the identities of these
Defendants are ascertained.
JURISDICTION AND VENUE
5.

Subject-matter jurisdiction is conferred upon this Court by 28 U.S.C. 1331 and

1338(a).
6.

This Court has supplemental jurisdiction over Fit Fours state law claims under 28

U.S.C. 1367(a) because those claims arise from a common nucleus of operative facts alleged in
Fit Fours federal claims.
7.

Venue is proper in this district pursuant to 28 U.S.C. 1391(b) and 1400(b) as

Defendants have committed the acts of patent and trademark infringement complained of herein

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in this District. Defendants have solicited business in the State of Utah, transacted business in
the State of Utah, and attempted to derive financial benefit from residents of the State of Utah,
including benefits directly related to the instant patent infringement cause of action set forth
herein.
8.

Sekhon has subjected himself to the personal jurisdiction of this Court by

wrongfully encouraging the acts of willful infringement of Fit Fours patent-in-suit.

9.

Defendants have placed their infringing goods, systems, methods, compositions,

and/or services, including, without limitation, Rawws Barehand glove (Infringing Product),
into the stream of commerce throughout the United States, which goods, systems, methods,
compositions, and/or services have been offered for sale, sold, and/or use in the State of Utah
and/or this District.
10.

Defendants, directly or through its subsidiaries, divisions, groups, or distributors,

have committed acts of infringement in this District, are subject to personal jurisdiction in this
District, and/or are doing business in this District.
BACKGROUND
11.

Fit Four is the innovative designer of a four-fingered glove.

12.

Fit Fours founder, Jonny Robbins, conceived the innovative four-fingered glove.

13.

The four-finger glove was conceived to avoid the thrashing and damage to hands

as a result of extreme personal fitness.

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14.

By utilizing advance technologies in kinetics, body-mapping patterns, and heat

zones, Fit Four provides innovative, purpose-specific hand protection for cross training
enthusiasts and hardcore athletes.
15.

Fit Four is the owner and operator of www.fitfour.com.

FIRST CLAIM FOR RELIEF
Infringement of United States Design Patent No. D652,607
Against All Defendants

16.

Fit Four realleges and incorporates by reference all previous paragraphs.

17.

On January 24, 2012, U.S. Design Patent No. D652,607 (the 607 Patent),

entitled Four-Finger Glove, a copy of which is attached hereto as Exhibit A, was duly and
legally issued by the United States Patent and Trademark Office. Fit Four is the owner by
assignment of the 607 Patent.
18.

Defendants, directly or through their subsidiaries, divisions, or groups, have

infringed and continue to infringe the 607 Patent by making, using, selling, and/or offering to
sell, or allowing others to make, use, sell, and/or offer to sell, in the United States and/or this
District, goods, systems, methods, compositions, and/or services that are covered by one or more
of the claims of the 607 Patent.
19.

Defendants are liable for infringement of the 607 Patent under 35 U.S.C. 289.

20.

Defendants acts of infringement have caused damage to Fit Four, and Fit Four is

entitled to recover from Defendants the damages sustained by Fit Four as a result of Defendants
wrongful acts in an amount to be proven at trial.
21.

As a consequence of the infringement complained of herein, Fit Four has been

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irreparably damaged to an extent not yet determined and will continue to be irreparably damaged
by such acts in the future unless Defendants are enjoined by the Court from committing further
acts of infringement.
22.

Upon information and belief, one or more of Defendants acts of infringement

have been or will be undertaken with knowledge of the 607 Patent. Such acts constitute willful
infringement and make this case exceptional pursuant to 35 U.S.C. 284 and 285, and further
entitle Fit Four to enhanced damages and reasonable attorneys fees.
23.

The willful infringement has occurred with the knowing assistance of Sekhon and

Does 1-10 as managers of Raww, thereby subjecting them each to personal liability for Rawws
willful infringement of the 607 Patent.
SECOND CLAIM FOR RELIEF
Violation of Utah Unfair Competition Act
U.C.A. 13-5A-102
Against Raww
24.

Fit Four realleges and incorporates by reference all previous paragraphs.

25.

Through its acts of infringement of the 607 Patent, Raww has competed unfairly,

unlawfully, and fraudulently with Fit Fours legitimate business purposes.

26.

Such unfair competition by Raww has led to the material diminution in the value

of Fit Fours intellectual property.

27.

The foregoing misconduct of Raww constitutes unfair competition under Utah

Code Annotated 13-5A-102.

28.

Fit Four is entitled to recover damages to fairly and reasonably compensate it for

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Rawws conduct.
29.

Fit Four is entitled to an award of its attorneys fees and costs for being required

to file and prosecute this action.

30.

Fit Four has no adequate remedy at law, has suffered and is continuing to suffer

irreparable harm as a result of Rawws acts and is, therefore, entitled to preliminary and
permanent injunctive relief to enjoin Raww from further misconduct.

PRAYER FOR RELIEF

WHEREFORE, Fit Four prays for judgment as follows:
A. That Defendants have infringed the 607 Patent;
B. Defendants account for and pay to Fit Four all damages caused by its infringement of the
607 Patent, and to enhance such damages as appropriate, all in accordance with 35 U.S.C.
284;
C. Fit Four be granted permanent injunctive relief pursuant to 35 U.S.C. 283, permanently
enjoining Defendants, their officers, agents, servants, employees, and those persons in active
concert or participation with it from further acts of patent infringement;
D. That Defendants and their principals, agents, representatives, servants, and employees
and any person in active concert or participation with them be ordered to recall and deliver up for
destruction all products that infringe the 607 Patent, including, without limitation, the Infringing
Product;
E. Fit Four be granted pre-judgment and post-judgment interests on the damages caused to it

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by reason of Defendants patent infringement;

F. The Court declare this an exceptional case and that Fit Four be granted its reasonable
attorneys fees in accordance with 35 U.S.C. 285;
G. That Sekhon and Does 1-10 be held personally liable for the infringement of the Patentin-Suit for their knowing encouragement that the Patent-in-Suit be willfully infringed by Raww.
H. Preliminarily and permanently enjoining Raww from engaging in unfair competition;

I. An order from the Court directing Raww to provide an accounting of all revenues and
profits gained by Raww while engaging in the acts complained of in this Complaint;
J. Awarding Fit Four its actual damages, and awarding Fit Four any additional damages that
the Court deems just and equitable under these circumstances;
K. Costs be awarded to Fit Four; and
L. Fit Four be granted such other and further relief as the Court may deem just and proper
under the circumstances.

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DEMAND FOR JURY TRIAL

Fit Four hereby demands trial by jury as to all issues in this action triable by jury.
DATED this 24th day of November, 2014.
Respectfully Submitted,
KIRTON McCONKIE

By /s/ James T. Burton

James T. Burton
Brian D. Tucker
Joshua S. Rupp
Attorneys for Fit Four, LLC

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Exhibit A

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