Seville Classics v. Neatfreak - Complaint

Case 2:15-cv-06237 Document 1 Filed 08/17/15 Page 1 of 9 Page ID #:1
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LEE TRAN & LIANG LLP

Enoch H. Liang (Bar No. 212324)
enoch.liang@ltlattorneys.com
Lauren C. Sliger (Bar. No. 213880)
lauren.sliger@ltlattorneys.com
Heather F. Auyang (Bar No. 191776)
heather.auyang@ltlattorneys.com
Lisa J. Chin (Bar No. 259793)
lisa.chin@ltlattorneys.com
601 South Figueroa Street, Suite 3900
Los Angeles, CA 90017
Tel: 213-612-8900
Fax: 213-612-3773
UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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WESTERN DIVISION
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SEVILLE CLASSICS, INC., a

California Corporation,
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v.
Plaintiff,
NEATFREAK GROUP, INC., an

Ontario, Canada corporation;
NEATFREAK GROUP CORP., a
Delaware corporation; TARGET
CORPORATION, a Minnesota
corporation; and DOES 1-10,
Defendants.
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Case No: 2:15-CV-06237
COMPLAINT FOR PATENT

INFRINGEMENT
REQUEST FOR JURY TRIAL
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COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Seville Classics, Inc. (Seville Classics), by its undersigned
attorneys, files this Complaint against Neatfreak Group, Inc., Neatfreak Group
Corp. (collectively, Neatfreak), Target Corporation (Target), and Does 1-10
(collectively, Defendants) as follows:

NATURE OF THE ACTION
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1.
This is an action for willful infringement of design patents in
violation of Patent Laws set forth in 35 U.S.C. 1 et seq. Defendants infringe
the patents by making, using, offering to sell, selling and importing certain
stackable shelving products in the Central District of California and throughout
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the United States as more fully described herein

2.
Seville Classics previously filed a lawsuit against Defendants in
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this District on December 3, 2013 (Case No. 2:13-cv-08896-JVS-AGRx) for
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infringement of Seville Classics design patents through their making, using,
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importing, providing, offering to sell, and selling of a stackable shelf under the
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Threshold brand.
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agreement, Seville Classics dismissed the prior action. The current action is
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necessary because Defendants continue to infringe Seville Classics design
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patents by way of their making, using, importing, providing, offering to sell, and
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selling of a redesigned version of the stackable shelving product.

JURISDICTION AND VENUE
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After the parties entered into a confidential settlement
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This Court has jurisdiction over the subject matter of this action
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pursuant to 28 U.S.C. 1331 and 1338(a) as it involves substantial claims arising
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under the Patent Laws of the United States.
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4.
Venue is proper in this district pursuant to 28 U.S.C. 1391 and
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1400(b) because Defendants have transacted business and committed acts of
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infringement within the State of California, and the Central District of California,
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and are subject to the personal jurisdiction of this Court.
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-1COMPLAINT FOR PATENT INFRINGEMENT
THE PARTIES
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5.
Plaintiff Seville Classics, Inc. is a corporation organized under the
laws of the State of California with its principal place of business located in
Torrance, California.
6.
On information and belief, Defendant Neatfreak Group Inc. is a
company incorporated under the laws of the Province of Ontario, Canada,
having its registered office located at 5320 Timberlea Boulevard, Mississauga,
Ontario L4W256.
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On information and belief, Defendant Neatfreak Group Corp. is a
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corporation incorporated under the laws of the State of Delaware, having its
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principal place of business located at 2 Bristol Terrace, Long Valley, New
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Jersey 07853.
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8.
Defendant Target Corporation is a corporation organized and
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existing under the laws of the state of Minnesota with its principal place of
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business at 1000 Nicollet Mall, Minneapolis, Minnesota 55403.
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operates over 50 retail stores located within this District.
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9.
Target
Neatfreak is a designer, manufacturer and distributor of home
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organization products. Neatfreak has head offices in Mississuaga, Ontario and
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Long Valley, New Jersey.
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distribution center in Long Beach, Los Angeles County, California, which is
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located within this District.
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10.
Neatfreak operates an 110,000 square foot
Neatfreak competes directly with Seville Classics in the market for
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home organization products.
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retailers in the United States and this District, including Target.
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Neatfreak supplies its products to numerous
Seville Classics is informed and believes and based thereon
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alleges that the Defendants sued herein as Does 1-10 are individuals and
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entities who are customers or suppliers of Neatfreak or Target whose names
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and identities are currently unknown to Seville Classics and who are engaged
in the acts described below. Seville Classics will amend the Complaint to
identify these individuals or entities as soon as their identities become known.
SEVILLE CLASSICS PATENTS
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On November 2, 2010, the United States Patent and Trademark
Office (USPTO) duly and legally issued U.S. Patent No. D626,356 (the
356 Patent) to the named inventor Edwin Ho. Plaintiff Seville Classics is the
assignee and owner of all right, title and interest in and to the 356 Patent, has
the right to assert causes of action arising under the 356 Patent and the right to
any remedies for infringement thereof. A true and correct copy of the 356
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Patent is attached hereto as Exhibit 1. The 356 Patent claims a modular
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utility rack as shown in the drawings in the 356 Patent.
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13.
On March 17, 2015, the USPTO duly and legally issued U.S.
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Patent No. D724,357 (the 357 Patent) to the named inventor Gary Lim.
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Plaintiff Seville Classics is the assignee and owner of all right, title and
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interest in and to the 357 Patent, has the right to assert causes of action arising
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under the 357 Patent and the right to any remedies for infringement thereof.
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A true and correct copy of the 357 Patent is attached hereto as Exhibit 2. The
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357 Patent claims a storage rack as shown in the drawings in the 357
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Patent.
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14.
On January 29, 2014, Seville Classics filed U.S. Utility Patent
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Application No. 14/167,787, titled Storage Rack, which claims a rack for
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holding articles (the 787 Application). A true and correct copy of the 787
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Application is attached hereto as Exhibit 3. On July 21, 2015, the USPTO
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issued a notice of allowance and Plaintiff Seville Classics expects the patent to
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issue shortly. Upon issuance, Seville Classics intends to amend this Complaint
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to assert additional claims for infringement of this patent as well.

DEFENDANTS UNLAWFUL CONDUCT
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15.
Defendants have infringed and are currently infringing the 356 and
357 Patents in violation of 35 U.S.C. 271 by making, having made, using,
selling and/or offering for sale, within the United States, products embodying the
designs claimed in the 356 and 357 Patents, including, without limitation,
stackable shelves under the Threshold brand.
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Target has offered to sell and has sold in the Central District of
California stackable shelf products (sometimes known as Threshold 3 Tier
Stackable Shelf) depicted in Exhibit 4 attached hereto and incorporated herein.
A true and correct copy of Targets weekly advertisement dated August 9-August
15, 2015 for its Los Angeles, California locations is attached hereto as Exhibit 5
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and contains an advertisement for the infringing Threshold product at page 6.

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Neatfreak manufactured and/or imported, and sold the products
identified in Paragraph 16 to Target.

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The Threshold 3 Tier Stackable Shelf infringes upon the 356 and
357 Patents include as evidenced by the following side-by-side comparison:

356 Patent
Threshold 3 Tier Stackable Shelf
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357 Patent
Threshold 3 Tier Stackable Shelf
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COUNT I
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Infringement of U.S. Patent No. D626,356
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(Against All Defendants)
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Seville Classics hereby repeats and re-alleges all of the preceding
paragraphs as though fully set forth herein.
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20.
Defendants have infringed and continue to infringe one or more
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claims of the 356 Patent by making, using, importing, providing, offering to
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sell, and selling (directly or through intermediaries) infringing products, in this
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District and elsewhere in the United States.
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21.
On information and belief, a true and correct copy of photographs
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showing an infringing product manufactured by Neatfreak and sold by Target
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are attached hereto as Exhibit 4.
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22.
Seville Classics is entitled to recover from the Defendants the
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damages sustained by Seville Classics as a result of the Defendants wrongful
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acts.
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23.
Defendants infringement of the 356 Patent continued after

Seville Classics notified Defendants of the infringement (including, but not
limited to, notice through the prior lawsuit referenced in Paragraph 2) and has
been and is willful, wanton and deliberate, without license and with full
knowledge of Seville Classics rights in the 356 Patent.

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Defendants infringing activities have damaged Seville Classics.
Unless this Court enjoins Defendants acts of infringement, Seville Classics
will continue to suffer irreparable injury.
COUNT II
Infringement of U.S. Patent No. D724,357
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(Against All Defendants)

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Seville Classics hereby repeats and re-alleges all of the preceding
paragraphs as though fully set forth herein.

26.
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Defendants have infringed and continue to infringe one or more
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claims of the 357 Patent by making, using, importing, providing, offering to
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sell, and selling (directly or through intermediaries) infringing products, in this
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District and elsewhere in the United States.

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On information and belief, a true and correct copy of photographs
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showing an infringing product manufactured by Neatfreak and sold by Target
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are attached hereto as Exhibit 4.

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Seville Classics is entitled to recover from the Defendants the
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damages sustained by Seville Classics as a result of the Defendants wrongful
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acts.
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29.
Defendants infringement of the 357 Patent continued after
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Seville Classics notified Defendants of the infringement and has been and is
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willful, wanton and deliberate, without license and with full knowledge of
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Seville Classics rights in the 357 Patent.
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30.
Defendants infringing activities have damaged Seville Classics.
Unless this Court enjoins Defendants acts of infringement, Seville Classics

will continue to suffer irreparable injury.

PRAYER FOR RELIEF
WHEREFORE, Seville Classics prays that the Court grant the following
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relief:
A.
A judgment that Defendants Neatfreak and Target have infringed
U.S. Patent Nos. D626,356 and D724,357;

B.
A permanent injunction against Defendants Neatfreak and Target
and their owners, officers, agents, employees, parent and subsidiary companies
and operations, assigns, successors in interests and all persons in active
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participation or concert with them or any of them, enjoining them from
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continuing infringement of U.S. Patent Nos. D626,356 and D724,357;
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C.
A judgment requiring Defendants Neatfreak and Target to pay
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damages to compensate Seville Classics for the infringement, including, but not
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limited to, Defendants profits from infringement of U.S. Patent Nos. D626,356
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and D724,357, together with pre-judgment and post-judgment interest;
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D.
A judgment against Defendants Neatfreak and Target awarding
costs to Seville Classics;

E.
A judgment that Defendants Neatfreak and Targets infringement
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has been willful, and awarding Seville Classics its reasonable attorney fees under
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35 U.S.C. 285; and
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F.
Such other and further relief which this Court deems just and
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equitable.
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Dated: August 17, 2015
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By: /s/ Enoch H. Liang______________.
Enoch H. Liang
Lauren Sliger
Heather F. Auyang
Lisa J. Chin
Counsel for Plaintiff Seville Classics, Inc.
REQUEST FOR JURY TRIAL
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Pursuant to Fed. R. Civ. P. 38(b), Seville Classics hereby requests a trial by

jury of all issues raised by the complaint which are properly triable to a jury.
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Dated: August 17, 2015

By: /s/ Enoch H. Liang______________.
Enoch H. Liang
Lauren Sliger
Heather F. Auyang
Lisa J. Chin
Counsel for Plaintiff Seville Classics, Inc.
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Case 2:15-cv-06237 Document 1-1 Filed 08/17/15 Page 1 of 16 Page ID #:10
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
EXHIBIT 4
EXHIBIT 5

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Case 2:15-cv-06237 Document 1 Filed 08/17/15 Page 1 of 9 Page ID #:1

LEE TRAN & LIANG LLP

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

SEVILLE CLASSICS, INC., a

NEATFREAK GROUP, INC., an

Case No: 2:15-CV-06237

COMPLAINT FOR PATENT

Case 2:15-cv-06237 Document 1 Filed 08/17/15 Page 2 of 9 Page ID #:2

Plaintiff Seville Classics, Inc. (Seville Classics), by its undersigned

Corp. (collectively, Neatfreak), Target Corporation (Target), and Does 1-10

(collectively, Defendants) as follows:

This is an action for willful infringement of design patents in

violation of Patent Laws set forth in 35 U.S.C. 1 et seq. Defendants infringe

stackable shelving products in the Central District of California and throughout

the United States as more fully described herein

Seville Classics previously filed a lawsuit against Defendants in

this District on December 3, 2013 (Case No. 2:13-cv-08896-JVS-AGRx) for

infringement of Seville Classics design patents through their making, using,

necessary because Defendants continue to infringe Seville Classics design

selling of a redesigned version of the stackable shelving product.

After the parties entered into a confidential settlement

pursuant to 28 U.S.C. 1331 and 1338(a) as it involves substantial claims arising

under the Patent Laws of the United States.

Venue is proper in this district pursuant to 28 U.S.C. 1391 and

1400(b) because Defendants have transacted business and committed acts of

and are subject to the personal jurisdiction of this Court.

Case 2:15-cv-06237 Document 1 Filed 08/17/15 Page 3 of 9 Page ID #:3

Plaintiff Seville Classics, Inc. is a corporation organized under the

On information and belief, Defendant Neatfreak Group Inc. is a

company incorporated under the laws of the Province of Ontario, Canada,

having its registered office located at 5320 Timberlea Boulevard, Mississauga,

On information and belief, Defendant Neatfreak Group Corp. is a

principal place of business located at 2 Bristol Terrace, Long Valley, New

Defendant Target Corporation is a corporation organized and

business at 1000 Nicollet Mall, Minneapolis, Minnesota 55403.

operates over 50 retail stores located within this District.

Neatfreak is a designer, manufacturer and distributor of home

organization products. Neatfreak has head offices in Mississuaga, Ontario and

Long Valley, New Jersey.

distribution center in Long Beach, Los Angeles County, California, which is

located within this District.

Neatfreak operates an 110,000 square foot

Neatfreak competes directly with Seville Classics in the market for

home organization products.

retailers in the United States and this District, including Target.

Neatfreak supplies its products to numerous

Seville Classics is informed and believes and based thereon

entities who are customers or suppliers of Neatfreak or Target whose names

Case 2:15-cv-06237 Document 1 Filed 08/17/15 Page 4 of 9 Page ID #:4

identify these individuals or entities as soon as their identities become known.

SEVILLE CLASSICS PATENTS

On November 2, 2010, the United States Patent and Trademark

Patent is attached hereto as Exhibit 1. The 356 Patent claims a modular

utility rack as shown in the drawings in the 356 Patent.

On January 29, 2014, Seville Classics filed U.S. Utility Patent

Application is attached hereto as Exhibit 3. On July 21, 2015, the USPTO

to assert additional claims for infringement of this patent as well.

Case 2:15-cv-06237 Document 1 Filed 08/17/15 Page 5 of 9 Page ID #:5

357 Patents in violation of 35 U.S.C. 271 by making, having made, using,

stackable shelves under the Threshold brand.

California stackable shelf products (sometimes known as Threshold 3 Tier

Stackable Shelf) depicted in Exhibit 4 attached hereto and incorporated herein.

and contains an advertisement for the infringing Threshold product at page 6.