Ingrid Isabel v. Does - Complaint

Case 3:18-cv-00408-LB Document 1 Filed 01/18/18 Page 1 of 12
1 Andrew P. Holland/Bar No. 224737

[email protected]
2 Mark V. Boennighausen/Bar No. 142147
[email protected]
3 Misasha S. Graham/Bar No. 237187
[email protected]
4 THOITS LAW
A Professional Corporation
5 400 Main Street, Suite 250
Los Altos, California 94022
6 Telephone: (650) 327-4200
Facsimile: (650) 325-5572
7
Attorneys for Plaintiff
8 Ingrid & Isabel, LLC
9
UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA
11
SAN FRANCISCO DIVISION
12
A PROFESSIONAL CORPORATION
400 Main Street, Suite 250
13 INGRID AND ISABEL, LLC, a limited No.

liability company,
(650) 327-4200
THOITS LAW
14 COMPLAINT FOR:
Plaintiff,
15 1. PATENT INFRINGEMENT
v.
16 2. UNFAIR COMPETITION
DOES 1 through 10, inclusive,
17
Defendants. DEMAND FOR JURY TRIAL
18
19
20 Plaintiff Ingrid & Isabel, LLC (“I&I”) alleges against defendants Does 1 through 10
21 (collectively, “Defendants”) as follows:
22 NATURE OF THE CASE
23 1. This is an action at law and in equity for patent infringement and unfair
24 competition, arising under 35 U.S.C. section 271 et seq. and common law unfair competition.
25 2. I&I is the creator of Bellaband, a well-known and exceedingly popular essential
26 maternity garment that creates an instant fit when pants, skirts and shorts aren’t fitting quite
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1 right during and after pregnancy.
2 3. Defendants, without authorization, are copying I&I’s distinctive Bellaband design
3 and, as a result, are offering for sale and selling products that are confusingly similar to I&I’s
4 Bellaband. Defendants’ products are not manufactured by I&I and are not connected to or
5 endorsed by I&I in any way. As a result, Defendants are infringing I&I’s patents on the
6 Bellaband. In addition, Defendants’ merchandise is likely to cause confusion in the marketplace
7 and to deceive consumers and the public regarding its source.
8 PARTIES
9 4. Plaintiff Ingrid & Isabel, LLC is a limited liability company with its principal
10 place of business at 2233 Union Street, San Francisco, California, 94123.
11 5. The true names and capacities of Defendants sued herein as Does 1 through 10,
12 inclusive, are unknown to Plaintiff and Plaintiff therefore sues these defendants by such
13 fictitious names. Plaintiff will amend this complaint to allege their true names and capacities
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14 when ascertained.
15 6. On information and belief, Defendants have purposefully directed business
16 activities toward consumers residing in this judicial district, including, but without limitation by
17 offering for sale, selling, and entering into sales contracts for their infringing products with
18 residents of this judicial district, and calculating and collecting California sales tax on sales of
19 the infringing products to residents of this judicial district.
20 7. On information and belief, each of the defendants named herein as Does 1

21 through 10, inclusive, performed, participated in, or abetted in some manner, the acts alleged
22 herein, proximately caused the damages alleged below, and are liable to I&I for the damages
23 and relief sought herein. The identifies of the individuals and entities named as defendants Does
24 1 through 10, inclusive, are not presently known, but I&I will seek to amend the Complaint to
25 identify them when their names and identities have been ascertained.
26 8. By engaging in the activities set forth herein, Defendants have purposefully
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1 availed themselves of the privilege of conducting activities in this forum, thereby invoking the
2 benefits and protections of the laws of the State of California, and of this judicial district in
3 particular.
4 JURISDICTION AND VENUE
5 9. This action arises under 35 U.S.C. section 271 et seq. and common law unfair
6 competition. This Court has subject matter jurisdiction over this action pursuant to pursuant to
7 28 U.S.C. sections 1331 and 1338, as I&I’s claims arise under the Patent Act. This Court has
8 supplemental jurisdiction pursuant to 28 U.S.C. sections 1338(b) and 1367 over I&I’s claims
9 arising under the laws of the State of California.
10 10. This Court has personal jurisdiction over Defendants as, on information and
11 belief, Defendants are doing business in this judicial district through online retail sales over
12 various e-commerce platforms, through which they advertise and sell goods that infringe I&I’s
13 design patent to consumers residing in this judicial district, thereby invoking the benefits and
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14 protections of the laws of this judicial district.
15 11. Defendants distributed or sold infringing merchandise within this judicial district,
16 have manufactured or distributed products used or consumed within this judicial district in the
17 ordinary course of trade, or have otherwise made or established contacts within this judicial
18 district sufficient to permit the exercise of personal jurisdiction. Venue is proper in this judicial
19 district under 28 U.S.C. sections 1391(b)(2) as, on information and belief, a substantial part of
20 the events, omissions and acts causing injury that are the subject matter of this action arise out
21 of or relate to Defendants’ activities within this judicial district.
22 FACTUAL ALLEGATIONS
23 12. I&I’s innovative concept of creating an essential maternity garment designed to
24 bridge the gap between regular and maternity clothes revolutionized the maternity wear
25 market when it was first marketed in 2003 and quickly became one of the hallmarks of
26 maternity dressing. Its seamless tube design and affixed silicone strip allowed women to use
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COMPLAINT
1 the Bellaband in a variety of ways, thus ensuring that they were still able to wear their pre -
2 pregnancy clothes early on in their pregnancies and then again in the postpartum phase. I&I
3 has conducted extensive research and design testing to ensure that their product meets their
4 own standards as well as the needs of mothers throughout the United States and Canada.
5 13. On March 16, 2010, the United States Patent and Trademark Office duly and
6 legally issued United States Non-Provisional Patent 7,676,852 (the “’852 Patent”), which covers
7 products sold under I&I’s “Bellaband” collection. A true and correct copy of the ’852 Patent is
8 attached hereto as Exhibit A. I&I is the owner of the entire right, title, and interest in and to
9 the ’852 Patent, and owned the ’852 Patent throughout the period of Defendants’ infringing acts.
10 I&I still owns the ’852 Patent.
11 14. On October 2, 2012, the United States Patent and Trademark Office duly and
12 legally issued United States Non-Provisional Patent 8,276,216 (the “’216 Patent”), which covers
13 products sold under I&I’s “Bellaband” collection. A true and correct copy of the ’216 Patent is
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14 attached hereto as Exhibit B. I&I is the owner of the entire right, title, and interest in and to
15 the ’216 Patent, and owned the ’216 Patent throughout the period of Defendants’ infringing acts.
16 I&I still owns the ’216 Patent.
17 15. Certain products created by Defendants infringe both the ’852 Patent and the ‘216
18 Patent (collectively, “the Patents-In-Suit”). These products include, but are not limited to
19 “Womens Maternity Belly Band Seamless Everyday Support Bands for Pregnancy” and
20 “Womens Maternity Belly Band Seamless Everyday Support Bands, Non-slip for Before&After
21 Baby” (“Women’s Maternity Belly Band,” and collectively, the “Accused Products”). True and
22 correct copies of photographs of infringing Accused Products as displayed on third-party
23 reseller sites (as an example, the Women’s Maternity Belly Bands as displayed on
24 Amazon.com) are attached hereto as Exhibit C and Exhibit D.
25 16. The overall appearance and design of the inventions embodied in the Patents-
26 In-Suit and the corresponding design of the infringing Accused Products are substantially the
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1 same.
2 17. On information and belief, an ordinary observer will perceive the overall
3 appearance of the design of the invention embodied in the Patents-In-Suit and the corresponding
4 designs of Defendants’ infringing Accused Products to be substantially the same.
5 18. Table 1, below, shows side-by-side comparisons of the ’852 Patent design (left),
6 with the infringing Women’s Maternity Belly Band (right) as an example of the entire Accused
7 Products line. A copy of Table 1 is also attached as Exhibit E.
8
Table 1: Comparison of ’852 Patent
9
and Defendants’ Women’s Maternity Belly Band
10
’852 Patent Figures Defendant’s Infringing Product
11
12
13
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14
15
16
17
18
19
20
21
22
23
24
25
26
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1
Table 1: Comparison of ’852 Patent
2
and Defendants’ Women’s Maternity Belly Band
3
4
10
11
12
13
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14
15
16
17
18
19
20
21
22
23
24
25 19. Table 2, below, shows side-by-side comparisons of the ’216 Patent design (left),
26 with the infringing Women’s Maternity Belly Band (right) as an example of the entire Accused
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1 Products line. A copy of Table 2 is also attached as Exhibit F.
2 Table 2: Comparison of ’216 Patent

3 and Defendants’ Women’s Maternity Belly Band
4 ’216 Patent Figures Defendant’s Infringing Product
5
10
11
12
13
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14
15
16
17
18
19
20
21
22
23
24
25
26
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10
11
12 20. Defendants offer for sale and sell the Accused Products to customers in the
13 United States through third-party resellers and social media ads. Furthermore, Defendants
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14 indirectly infringe the Patents-In-Suit because their customers use the Accused Products.
15 21. Upon information and belief, Defendants offer to sell and sell the Accused
16 Products to customers with the specific intent to induce infringement of the Patents-In-Suit.
17 22. Upon information and belief, Defendants had knowledge that the Accused
18 Products are especially made or especially adapted for use in an infringement of the Patents-In-
19 Suit and is not a staple article or commodity of commerce suitable for substantial non-infringing
20 use.
21 23. Defendants have infringed and are still infringing, directly and indirectly, the
22 Patents-In-Suit by making, using, offering to sell, selling and/or importing maternity accessories
23 that embody the Patents-In-Suit including, but not limited to, the Accused Products.
24 24. At least as early as 2003, I&I has been manufacturing, advertising, and selling
25 the Bellaband for both pregnancy and postpartum use. The Bellaband revolutionized the area
26 of maternity fashion due to the total image and overall appearance of its design, as it married
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COMPLAINT
1 the desire of pregnant women to wear their pre-pregnancy clothing with a stylish product
2 designed to hold open waistbands and ill-fitting clothes in place with distinctive, non-
3 functional attributes such as a seamless tube design in a variety of fabrics and colors.
4 25. On information and belief, Defendants manufacture, distribute, advertise, sell and
5 offer for sale their unauthorized products in this judicial district and throughout the United States
6 and will continue to do so unless enjoined by this Court.
7 26. The products manufactured, distributed, offered for sale and sold by Defendants
8 are not manufactured by I&I, nor are Defendants associated or connected with I&I, or licensed,
9 authorized, endorsed or approved by I&I in any way.
10 27. Prior to filing this Complaint, I&I has made numerous attempts to ascertain
11 Defendants’ identities, including multiple letters to the listed sellers of products such as the ones
12 shown in Tables 1 and 2, as well as multiple requests for information to the third party websites
13 that offer for sale products such as the ones shown in Tables 1 and 2. To date, despite repeated
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14 requests, I&I has received no further information about Defendants’ identities, nor has I&I
15 received any responses from any sellers of products such as those depicted in this Complaint.
16 FIRST CLAIM FOR RELIEF
17 (Patent Infringement – 35 U.S.C. § 271)
18 28. I&I repeats and incorporates by this reference each and every allegation contained
19 in paragraphs 1 through 27 above, inclusive, as though set forth in full.
20 29. Defendants, without authorization from I&I, have made, used, offered for sale,
21 sold, and/or imported in or into the United States, and continue to make, use, offer for sale,
22 sell, and/or import in or into the United States, maternity accessories having a design that
23 infringes the Patents-In-Suit.
24 30. I&I has been and will continue to be irreparably harmed by Defendants’
25 infringement of the Patents-In-Suit.
26 ///
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1 SECOND CLAIM FOR RELIEF
2 (Unfair Competition)
3 31. I&I repeats and incorporates by this reference each and every allegation contained
4 in paragraphs 1 through 30 above, inclusive, as though set forth in full.
5 32. Defendants’ unauthorized actions and conduct as alleged herein constitute unfair
6 competition under California common law, and have created and will continue to create a
7 likelihood of confusion and irreparable harm, damage, and injury to I&I, including but not
8 limited to injury to I&I's goodwill and business reputation, unless restrained and enjoined by
9 this Court.
10 33. On information and belief, Defendants’ unfair competition with I&I was, and is,
11 done with full knowledge of I&I’s statutory and common law rights and without regard for the
12 likelihood of confusion to the public created by Defendants’ activities.

13 34. Defendants have caused and, unless restrained and enjoined by this Court, will
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14 continue to cause irreparable harm, damage and injury to I&I, including but not limited to injury
15 to I&I’s goodwill and business reputation.
16 35. As a result of Defendants’ acts, I&I has suffered, is suffering, and will continue
17 to suffer irreparable injury for which I&I has no adequate remedy at law. I&I is therefore
18 entitled to a permanent injunction against further infringing conduct by Defendants.
19 PRAYER
20 WHEREFORE, Plaintiff prays for an order and judgment against Defendants and
21 requests relief as follows:
22 1. A determination that this action is an exceptional case pursuant to the Patent Act;
23 2. A determination that Defendants have infringed the Patents-In-Suit;
24 3. That Defendants and their officers, directors, partners, agents, servants,
25 employees, attorneys, confederates, and all persons acting for, with, by, through or under them,
26 and any others within their control or supervision, and all others in active concert or participation
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1 with the above, be enjoined during the pendency of this action and permanently thereafter from
2 infringing the Patents-In-Suit in the manufacturing, marketing, sales, distribution, promotion,
3 advertising, identification, or in any other manner in the United States;
4 4. That Defendants, and each of their officers, directors, partners, agents, servants,
8 infringing the Patents-In-Suit.
9 5. That Defendants, and each of their officers, directors, partners, agents, servants,
13 representing to anyone, either orally or in writing, that their business or goods are affiliated with
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14 I&I in any way or are approved by I&I;
15 6. For an order requiring Defendants to cease offering for sale their infringing
16 products, and to destroy all patterns, stencils, molds, plates, masters, or means of creating the
17 infringing items;
18 7. For an order requiring Defendants to instruct, within thirty (30) days after the
19 entry of any preliminary or permanent injunction, any third-party website that carries Defendants’
20 infringing products to cease selling those products at the earliest possible date;
21 8. For an order requiring Defendants to file with the Clerk of this Court and serve
22 I&I, within thirty (30) days after the entry of any preliminary or permanent injunction, a report in
23 writing, under oath, setting forth in detail the manner and form in which Defendants have
24 complied with 3 through 7 above;
25 9. For an award of Defendants’ profits and I&I’s damages according to proof at trial
26 and as detailed in this Complaint;
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1 10. For an award of three times I&I’s damages or Defendants’ profits in view of the
2 intentional and willful nature of Defendants’ acts, pursuant to 35 U.S.C. section 285 and as
3 detailed in this Complaint;
4 11. For an order requiring Defendants to account for and pay to I&I all gains, profits
5 and advantages derived by Defendants from the unlawful activities alleged herein, and/or as a
6 result of unjust enrichment as detailed in this Complaint;
7 12. For an award of punitive damages according to proof;
8 13. For an award of I&I’s attorneys’ fees for bringing and prosecuting this action
9 pursuant to 35 U.S.C. section 285 and all applicable state statutes;
10 14. For an award of I&I’s costs and expenses incurred in bringing and prosecuting this
11 action pursuant to 35 U.S.C. section 285 and all applicable state statutes; and;
12 15. For such further relief as this Court shall deem just and proper.
13 JURY DEMAND
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14 Plaintiff Ingrid & Isabel, LLC hereby demands trial by jury in the above entitled action
15 pursuant to Fed. R. Civ. P. 38(b).
16
17 Dated: January 18, 2018

THOITS LAW
18
19 By: /s/ Andrew P. Holland

Andrew P. Holland
20 Attorneys for Plaintiff
Isabel & Ingrid, LLC
21
22
23
24
25
26
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Case 3:18-cv-00408-LB Document 1-1 Filed 01/18/18 Page 1 of 17
Case 3:18-cv-00408-LB Document
Exhibit1-3
C Filed 01/18/18 Page 1 of 4
Womens Maternity Belly Band(3 PK or 2 PK) Seamless Everyday Support Bands for Pregnancy
(https://www.amazon.com/gp/product/B01M61PA8R/ref=s9_acsd_hps_bw_c_x_3_w)
Exhibit1-4
D Filed 01/18/18 Page 1 of 4
2 Pack Womens Maternity Belly Band Seamless Everyday Support Bands,Non-slip for Before&After Baby
(https://www.amazon.com/Maternity-Seamless-Everyday-Support-
Pregnancy/dp/B01M4G970C/ref=lp_14589203011_1_1?srs=14589203011&ie=UTF8&qid=1508286144&sr=8-1)
Exhibit E
Table 1: Comparison of United States Non-Provisional Patent 7,676,852 (the “’852
Patent”) and Defendants’ Womens Maternity Belly Band

Exhibit F
Table 2: Comparison of United States Non-Provisional Patent 8,276,216 (the “’216
Patent”) and Defendants’ Womens Maternity Belly Band

JS-CAND 44 (Rev. 06/17)
CIVIL COVER 1-7 SHEET
Filed 01/18/18 Page 1 of 2
The JS-CAND 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 in its original form by the Judicial Conference of the United States in September 1974, is required for the Clerk of
Court to initiate the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
INGRID AND ISABEL, LLC DOES 1 through 10
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
San Francisco 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)
Andrew P. Holland / Thoits Law / (650) 327-4200
400 Main Street, Suite 250, Los Altos, CA 94022
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)
PTF DEF PTF DEF
1 U.S. Government Plaintiff 3 Federal Question Citizen of This State Incorporated or Principal Place
(U.S. Government Not a Party) 1 1 4 4
of Business In This State
Citizen of Another State 2 2 Incorporated and Principal Place 5 5
2 U.S. Government Defendant 4 Diversity of Business In Another State
(Indicate Citizenship of Parties in Item III) Citizen or Subject of a 3 3 Foreign Nation 6 6
Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only)

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

JUDGE DOCKET NUMBER
IF ANY (See instructions):
IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2)
(Place an “X” in One Box Only) SAN FRANCISCO/OAKLAND SAN JOSE EUREKA-MCKINLEYVILLE
DATE January 18, 2018 SIGNATURE OF ATTORNEY OF RECORD /s/ Andrew P. Holland
American LegalNet, Inc.
www.FormsWorkFlow.com
JS-CAND 44 (rev. 07/16) Case 3:18-cv-00408-LB Document 1-7 Filed 01/18/18 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-CAND 44

Authority For Civil Cover Sheet. The JS-CAND 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and
service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved in its original form by the Judicial
Conference of the United States in September 1974, is required for the Clerk of Court to initiate the civil docket sheet. Consequently, a civil cover sheet is
submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I. a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the “defendant” is the location of the tract of land involved.)
c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section “(see attachment).”
II. Jurisdiction. The basis of jurisdiction is set forth under Federal Rule of Civil Procedure 8(a), which requires that jurisdictions be shown in
pleadings. Place an “X” in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
(1) United States plaintiff. Jurisdiction based on 28 USC §§ 1345 and 1348. Suits by agencies and officers of the United States are included here.
(2) United States defendant. When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
(3) Federal question. This refers to suits under 28 USC § 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code
takes precedence, and box 1 or 2 should be marked.
(4) Diversity of citizenship. This refers to suits under 28 USC § 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS-CAND 44 is to be completed if diversity of citizenship was indicated above.
Mark this section for each principal party.
IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V. Origin. Place an “X” in one of the six boxes.
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petition for removal is granted, check this box.
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date.
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§ 1407. When this box is checked, do not check (5) above.
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Please note that there is no Origin Code 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statute.
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statutes unless diversity. Example: U.S. Civil Statute: 47 USC § 553. Brief Description: Unauthorized reception of cable service.
VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Federal Rule of Civil Procedure 23.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS-CAND 44 is used to identify related pending cases, if any. If there are related pending cases, insert the docket
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Case 3:18-cv-00408-LB Document 1 Filed 01/18/18 Page 1 of 12

1 Andrew P. Holland/Bar No. 224737

13 INGRID AND ISABEL, LLC, a limited No.

21 (collectively, “Defendants”) as follows:

22 NATURE OF THE CASE

25 2. I&I is the creator of Bellaband, a well-known and exceedingly popular essential

1 right during and after pregnancy.

2 3. Defendants, without authorization, are copying I&I’s distinctive Bellaband design

6 Bellaband. In addition, Defendants’ merchandise is likely to cause confusion in the marketplace

7 and to deceive consumers and the public regarding its source.

10 place of business at 2233 Union Street, San Francisco, California, 94123.

15 6. On information and belief, Defendants have purposefully directed business

19 the infringing products to residents of this judicial district.

20 7. On information and belief, each of the defendants named herein as Does 1

26 8. By engaging in the activities set forth herein, Defendants have purposefully

4 JURISDICTION AND VENUE

9 arising under the laws of the State of California.

14 protections of the laws of this judicial district.

23 12. I&I’s innovative concept of creating an essential maternity garment designed to

10 I&I still owns the ’852 Patent.

16 I&I still owns the ’216 Patent.

22 correct copies of photographs of infringing Accused Products as displayed on third-party

24 Amazon.com) are attached hereto as Exhibit C and Exhibit D.

4 designs of Defendants’ infringing Accused Products to be substantially the same.

7 Products line. A copy of Table 1 is also attached as Exhibit E.

1 Products line. A copy of Table 2 is also attached as Exhibit F.

2 Table 2: Comparison of ’216 Patent

6 and will continue to do so unless enjoined by this Court.

9 authorized, endorsed or approved by I&I in any way.

16 FIRST CLAIM FOR RELIEF

17 (Patent Infringement – 35 U.S.C. § 271)

19 in paragraphs 1 through 27 above, inclusive, as though set forth in full.

23 infringes the Patents-In-Suit.

25 infringement of the Patents-In-Suit.

1 SECOND CLAIM FOR RELIEF

4 in paragraphs 1 through 30 above, inclusive, as though set forth in full.

12 likelihood of confusion to the public created by Defendants’ activities.

15 to I&I’s goodwill and business reputation.

18 entitled to a permanent injunction against further infringing conduct by Defendants.

23 2. A determination that Defendants have infringed the Patents-In-Suit;

24 3. That Defendants and their officers, directors, partners, agents, servants,

2 infringing the Patents-In-Suit in the manufacturing, marketing, sales, distribution, promotion,

3 advertising, identification, or in any other manner in the United States;

8 infringing the Patents-In-Suit.

14 I&I in any way or are approved by I&I;

24 complied with 3 through 7 above;

26 and as detailed in this Complaint;

3 detailed in this Complaint;

6 result of unjust enrichment as detailed in this Complaint;

7 12. For an award of punitive damages according to proof;

9 pursuant to 35 U.S.C. section 285 and all applicable state statutes;

15 pursuant to Fed. R. Civ. P. 38(b).

17 Dated: January 18, 2018

19 By: /s/ Andrew P. Holland

Table 1: Comparison of United States Non-Provisional Patent 7,676,852 (the “’852

Patent”) and Defendants’ Womens Maternity Belly Band

’852 Patent Figures Defendant’s Infringing Product

Table 2: Comparison of United States Non-Provisional Patent 8,276,216 (the “’216

Patent”) and Defendants’ Womens Maternity Belly Band

’216 Patent Figures Defendant’s Infringing Product