CASE 0:19-cv-01758-ECT-DTS Document 1 Filed 07/02/19 Page 1 of 8

UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA

FEY INDUSTRIES, INC., )

) 0:19-cv-1758
Plaintiff, )
)
v. ) COMPLAINT
)
KITCHENDAO Information ) Jury Trial Demanded
Technology Co., Ltd. )
)
Defendant. )
)

COMPLAINT

Plaintiff, Fey Industries, Inc., for its Complaint against Defendant KitchenDao

Information Technology Co., Ltd., states:

THE PARTIES

1. Plaintiff, Fey Industries, Inc. (“Fey Industries”) is a Minnesota corporation having

its principal place of business at 200 4th Avenue North, Edgerton, Minnesota 56128. Fey

Industries is a citizen and resident of Minnesota.

2. Defendant KitchenDao Information Technology Co., Ltd. (“KitchenDao”) is,

upon information and belief, a Chinese corporation having a principal place of business at Suite

1203, North Tower of Continental Center, No. 1068 XinGangDong Road, HaiZhu District,

GuangZhou, China 510335 and B9-3 Yin Ling Science and Technology Industrial Park, Jian

Cheng District, Yangjiang, Guangdong, China 529931. KitchenDao operates a website at

www.kitchendao.com. KitchenDao also sells its infringing products into the United States,

including in this District, via Amazon.com. Upon information and belief, KitchenDao is not a

resident of any judicial district in the United States.

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JURISDICTION AND VENUE

3. This is a claim of patent infringement arising under the Acts of Congress relating

to patents, 35 U.S.C. §§ 271, 281-285, and 289. This Court has exclusive subject matter

jurisdiction over Plaintiff’s patent infringement claims pursuant to 28 U.S.C. §§ 1331 and

1338(a).

4. This Court has personal jurisdiction over Defendant. KitchenDao maintains a

website at www.kitchendao.com, accessible with this District, that advertises its products,

including the infringing products. KitchenDao sells its products, including the infringing

products, into this District via at least Amazon.com.

(https://www.amazon.com/gp/product/B0753F42SB/ref=ppx_yo_dt_b_asin_title_o04_s02?ie=U

TF8&psc=1) KitchenDao has purposefully directed its activities within this District and Fey

Industries’ claims arise out of KitchenDao’s activities directed at and within Minnesota.

5. Venue is proper in this District under 28 U.S.C. § 1391(c)(3). Defendant

KitchenDao, as a Chinese company, is not a resident of the United States. Therefore,

KitchenDao may be sued in any judicial district. As a foreign corporation, 28 U.S.C. § 1400(b)

does not apply.

FACTS

6. Fey Industries is an industry leader in providing branded and packaging products,

including kitchen products, that enhance the image of other organizations to their users and

customers.

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7. Fey Industries’ core technologies include: injection molding, thin gauge

thermoforming, RF heat sealing, and sonic welding along with decoration methods of digital

printing, laser engraving, hotstamping, pad printing, and screen printing.

8. Fey Industries manufactures and sells items under its various trademarked brands.

9. Fey Industries sells The World’s Best Pizza Cutter TM (registration pending) as

part of its Mi-Line® of products. The World’s Best Pizza Cutter TM is one of Fey Industries’

bestselling products.

10. Fey Industries has protected The World’s Best Pizza Cutter TM through several

patents, including at least United States Patent No. D519,334.

11. Upon information and belief, Defendant is engaged in the business of

manufacturing, selling, offering to sell, and/or importing kitchen products.

http://www.kitchendao.com/index.php?g=&m=article&a=index&id=21&cid=16

12. Defendant offers for sale and sells its Pizza Cutter Roller on its website

(http://www.kitchendao.com/index.php?g=&m=article&a=index&id=34&cid=8) and through at

least some of its retail partners including Amazon.com

(https://www.amazon.com/gp/product/B0753F42SB/ref=ppx_yo_dt_b_asin_title_o04_s02?ie=U

TF8&psc=1).

13. Fey Industries has not authorized Defendant under any of its patents.

CLAIM:
PATENT INFRINGEMENT U.S. PATENT NO. D519,334

14. Fey Industries repeats the allegations of paragraphs 1-13 of this Complaint.

15. On April 25, 2006, United States Patent No. D519,334 entitled “Pizza Cutter” was

duly and legally issued to inventor Steven L. Molenaar and was assigned to Molenaar, Inc. It was

subsequently assigned to Fey Industries on June 7, 2013 (Reel/Frame No. 030598/0088). Fey

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Industries is now the owner of the entire right, title and interest in and to United States Patent

No. D519,334 and has been and still is the owner thereof. United States Patent No. D519,334 is

attached as Exhibit A.

16. United States Patent No. D519,334 covers an ornamental design for a pizza cutter.

17. Defendant has infringed and continues to infringe United States Patent No.

D519,334 by making, using, offering to sell, or selling in the United States, and/or importing into

the United States products infringing the ornamental design covered by United States Patent No.

D519,334 in violation of 35 U.S.C. § 271, including but not limited to Defendant’s Pizza Cutter

Roller product.

18. Defendant has applied the patented design, or a colorable imitation thereof, to an

article of manufacture, including but not limited to Defendant’s Swing Pizza Cutter product, for

the purpose of sale and has sold or exposed for sale an article of manufacture, including but not

limited to Defendant’s Swing Pizza Cutter product, to which the patented design or a colorable

imitation has been applied in violation of 35 U.S.C. § 289.

19. The ornamental design of Defendant’s Swing Pizza Cutter is the same or

substantially the same as the ornamental design of United States Patent No. D519,334. The

designs are so similar as to be nearly identical such that an ordinary observer, giving such

attention as a purchaser usually gives, would be so deceived by the substantial similarity between

the designs so as to be induced to purchase Defendant’s products believing them to be

substantially the same as the design protected by United States Patent No. D519,334.

20. A side-by-side comparison of United States Patent No. D519,334’s patented

design and an exemplary specimen of Defendant’s Swing Pizza Cutter is shown below:

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D519,334 KitchenDao’s Swing Pizza Cutter

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21. Fey Industries has not authorized Defendant under United States Patent No.

D519,334.

22. Fey Industries has complied with the notice provision of the patent statutes by

placing a notice of United States Patent No. D519,334 on products covered by the patent.

23. Fey Industries has been damaged by Defendant’s infringement of United States

Patent No. D519,334 and will continue to be damaged in the future unless Defendant is

permanently enjoined from infringing said patent.

24. Fey Industries has also suffered monetary damages caused by Defendant’s

infringement in an amount to be proven at trial.

25. Fey Industries is entitled to a complete accounting of all revenue and profits

derived by Defendant’s unlawful conduct alleged herein, including without limitation,

Defendant’s total profit pursuant to 35 U.S.C. § 289.

PRAYER FOR RELIEF

Fey Industries respectfully requests a jury trial for this matter.

WHEREFORE, the Plaintiff, Fey Industries Inc., prays that the Court enter an order and

judgment:

A. that Defendant has infringed United States Patent No. D519,334.

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B. preliminarily and permanently enjoining and restraining Defendant, its directors,

members, officers, agents, servants, employees, subsidiaries, affiliates, and all persons in active

concert or participation with, through, or under them, at first during the pendency of this action

and thereafter perpetually from making, using, offering to sell, or selling in the United States,

and/or importing into the United States products infringing United States Patent No. D519,334.

C. awarding Fey Industries damages under 35 U.S.C. §§ 284 and 289, including

Defendant’s total profit pursuant to 35 U.S.C. § 289.

D. awarding Fey Industries its attorneys’ fees as provided by 35 U.S.C. § 285.

E. awarding Fey Industries such other relief as the Court may deem just and proper.

Respectfully Submitted,

Date: July 2, 2019 s/Anthony R. Zeuli

Anthony R. Zeuli (MN Bar # 274884)
Joseph W. Dubis (MN Bar # 398344)
MERCHANT & GOULD P.C.
3200 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
Phone: 612.371.5208
Email: tzeuli@merchantgould.com
jdubis@merchantgould.com

Attorneys for Fey Industries, Inc.

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Exhibit A
 CASE 0:19-cv-01758-ECT-DTS Document 1-1 Filed 07/02/19 Page 2 of 4
USOOD519334S

(12) United States Design Patent (10) Patent No.: US D519,334 S

Molenaar (45) Date of Patent: Apr. 25, 2006
(54) PIZZA CUTTER D375,662 S 11/1996 Noga
D397,001 S 8, 1998 Antista et al.
(76) Inventor: Steven L. Molenaar, 601 W. Highway 5,933,918 A 8/1999 Wallays
40, Willmar, MN (US) 56201 6,438,850 B1 8/2002 Young et al.
(**) Term: 14 Years Primary Examiner Terry A. Wallace
(57) CLAM
(21) Appl. No.: 29/224,295
I claim the ornamental design of a pizza cutter, as shown and
(22) Filed: Feb. 28, 2005 described.
(51) LOC (8) Cl. .................................................... O7-06 DESCRIPTION
52) U.S. Cl. .......................................... ... D7/694
Field of Classification Search D7/694 FIG. 1 is a perspective view of the pizza cutter of my new
design;
D8/98:30/162,292, 299, 306, 307, 314, FIG. 2 is a front elevational view thereof;
30/315, 319, 320, 340 FIG. 3 is a right side elevational view thereof;
See application file for complete search history. FIG. 4 is a rear elevational view thereof
56 Ref FIG. 5 is a left side elevational view thereofs
(56) eerees Cited
e FIG. 6 is a top plan view thereof; and,
U.S. PATENT DOCUMENTS FIG. 7 is a bottom plan view thereof.
3,682,027 A 8, 1972 Insolio et al.
4,098,156 A 7, 1978 Insolio 1 Claim, 2 Drawing Sheets
 CASE 0:19-cv-01758-ECT-DTS Document 1-1 Filed 07/02/19 Page 3 of 4

U.S. Patent Apr. 25, 2006 Sheet 1 of 2 US D519,334 S

FIG. 1

FIG.7
 CASE 0:19-cv-01758-ECT-DTS Document 1-1 Filed 07/02/19 Page 4 of 4

U.S. Patent Apr. 25, 2006 Sheet 2 of 2 US D519,334 S

FIG.2 FIG.3

F/G.4
 CASE 0:19-cv-01758-ECT-DTS Document 1-2 Filed 07/02/19 Page 1 of 1
JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

FEY INDUSTRIES, INC., KITCHENDAO Information Technology Co., Ltd.

(b) County of Residence of First Listed Plaintiff Pipestone County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Anthony R. Zeuli, Merchant & Gould P.C., 80 S. Eighth Street, Suite
3200, Minneapolis, MN 55402;tzeuli@merchantgould.com,612-332-5300

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State

u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers’ Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 835 Patent - Abbreviated u 460 Deportation
Student Loans u 340 Marine Injury Product New Drug Application u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability u 840 Trademark Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY u 480 Consumer Credit
of Veteran’s Benefits u 350 Motor Vehicle u 370 Other Fraud u 710 Fair Labor Standards u 861 HIA (1395ff) u 490 Cable/Sat TV
u 160 Stockholders’ Suits u 355 Motor Vehicle u 371 Truth in Lending Act u 862 Black Lung (923) u 850 Securities/Commodities/
u 190 Other Contract Product Liability u 380 Other Personal u 720 Labor/Management u 863 DIWC/DIWW (405(g)) Exchange
u 195 Contract Product Liability u 360 Other Personal Property Damage Relations u 864 SSID Title XVI u 890 Other Statutory Actions
u 196 Franchise Injury u 385 Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 891 Agricultural Acts
u 362 Personal Injury - Product Liability u 751 Family and Medical u 893 Environmental Matters
Medical Malpractice Leave Act u 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 790 Other Labor Litigation FEDERAL TAX SUITS Act
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: u 791 Employee Retirement u 870 Taxes (U.S. Plaintiff u 896 Arbitration
u 220 Foreclosure u 441 Voting u 463 Alien Detainee Income Security Act or Defendant) u 899 Administrative Procedure
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRS—Third Party Act/Review or Appeal of
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 Agency Decision
u 245 Tort Product Liability Accommodations u 530 General u 950 Constitutionality of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION State Statutes
Employment Other: u 462 Naturalization Application
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict u 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. §§ 271, 281-285, and 289
VI. CAUSE OF ACTION Brief description of cause:
Design Patent Infringement
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
07/02/2019 s/ Anthony R. Zeuli
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE