Case 2:21-cv-09089 Document 1 Filed 11/19/21 Page 1 of 9 Page ID #:1

1
Omid E. Khalifeh, SBN 267340
Ariana Santoro, SBN 300767
2 Lara A. Petersen, SBN 318475
3 OMNI LEGAL GROUP
2029 Century Park E, Suite 400
4 Los Angeles, California 90067
5 Phone: 310.276.6664
Facsimile: 310.305.1550
6 [email protected]
7 [email protected]
[email protected]
8
Attorneys for Plaintiff
9
LALTITUDE LLC
10
11 UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
12
13 ) Case No.: 2:21-cv-9089
)
14 LALTITUDE LLC, a California limited )
liability company, ) PLAINTIFF’S COMPLAINT FOR:
15 )
)
16 Plaintiff, ) 1) DESIGN PATENT
) INFRINGEMENT
17 )
vs. ) 2) UNFAIR COMPETITION
18 )
)
SHENZHEN JINNUO PRECISION )
19 )
PRODUCTS CO., LTD., a Chinese
business entity of form unknown; )
20 )
SHENZHEN WYN-WORLD )
21 )
TECHNOLOGY LTD., a Chinese
)
22 corporation; and DOES 1-10, inclusive, )
) JURY TRIAL DEMAND
23 )
Defendants. )
24 )
25
26
27
28

COMPLAINT
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1 PLAINTIFF LALTITUDE LLC (“Plaintiff”) hereby files this Complaint against

2 DEFENDANTS SHENZHEN JINNUO PRECISION PRODUCTS CO., LTD., a
3 Chinese business entity of form unknown, doing business as Genortek (“Genortek”),
4 SHENZHEN WYN-WORLD TECHNOLOGY LTD. (“Wyn-World”) and DOES 1
5 to 10 (collectively, “Defendants”), and alleges as follows:
6 SUMMARY OF THE ACTION
7 1. Plaintiff is the inventor of an ornamental design for a Bluetooth shower
8 speaker, which is protected by United States Patent No. D742,359 (“Patent”). See
9 EXHIBIT A.
10 2. Defendants have willfully and blatantly infringed the Patent by offering
11 for sale, and presumably selling, on Amazon.com Bluetooth shower speakers
12 (“Infringing Product”) having a substantially similar, if not identical, ornamental
13 design to that protected by Plaintiff’s Patent. See EXHIBIT B.
14 3. Though Plaintiff has unsuccessfully attempted to address Defendants’
15 infringement with Amazon directly, Defendants persist in their wrongful conduct.
16 Thus, Plaintiff now seeks relief from this Court to resolve this dispute and be
17 compensated for the injury caused by Defendants’ unlawful business practices.
18 PARTIES
19 4. Plaintiff is now, and at all times relevant herein was, a California
20 limited liability company, having a principal place of business in Hacienda Heights,
21 California.
22 5. Plaintiff is informed and believes, and on that basis alleges, that
23 Defendant Genortek is, and at all times relevant herein was, a Chinese business entity
24 of form unknown, having a principal place of business at A407, Kaitongyuan, 130
25 Ruyi Road, Shenzhen, Longgang District, Guangdong Province, 518000, China.
26 6. Plaintiff is informed and believes, and on that basis alleges, that
27 Defendant Wyn-World is, and at all times relevant herein was, a Chinese
28 corporation, having a principal place of business at Room 4505B, 45/F, SEG Plaza,
2

COMPLAINT
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1 No. 1002 Huaqiang Road, Futian District, Shenzhen, 518000, China. Defendant
2 Wyn-World is the registered trademark owner for United States Trademark
3 Registration No. 5497097 for the mark “WYNCO,” which is the brand under which
4 the Infringing Product is being offered for sale and sold on Amazon.com.
5 7. The true names and capacities, whether individual, corporate, associate,
6 or otherwise, of Defendants DOES 1 through 10, inclusive (individual a “Doe
7 Defendant” and collectively, “Doe Defendants”), are unknown to Plaintiff at this
8 time, and Plaintiff, therefore, sues Doe Defendants by such fictitious names. Plaintiff
9 will ask leave of Court to amend this Complaint when the same shall have been
10 ascertained. Plaintiff is informed and believes, and based thereon alleges that each
11 Doe Defendant was responsible intentionally, or in some other actionable manner
12 for the events and happenings referred to herein, which proximately caused injury
13 and damage to Plaintiff, as hereafter alleged. Any reference to Defendants shall refer
14 to each named Defendant and all Doe Defendants, and to each of them. Any
15 reference to a particular Defendant shall refer to the named Defendant only.
16 8. Plaintiff is informed and believes, and on that basis alleges, that
17 Defendants are responsible for their acts and for their conduct, which are the true
18 legal causes of the damages herein alleged.
19 JURISDICTION AND VENUE
20 9. This Court has jurisdiction over the subject matter of this action under
21 28 U.S.C. §§ 1331 (federal question), 1338(a) (patent infringement), and 1332
22 (diversity of citizenship).
23 10. Personal jurisdiction as to these Defendants is conferred on this Court
24 because Defendants have purposefully availed themselves of the benefits and
25 privileges of transacting business within the State of California. In particular, on
26 multiple occasions, Defendants have sold products to customers within the State of
27 California on Amazon’s online platform (www.amazon.com).
28 11. This Court also has personal jurisdiction over Defendants because
3

COMPLAINT
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1 Defendants have caused injury to Plaintiff within the State of California and within
2 this judicial district. Defendants have committed and continue to commit unlawful
3 acts expressly aimed at Plaintiff in California, knowing that the brunt of the harm
4 resulting from this conduct will be suffered by Plaintiff in California.
5 12. Venue is proper in the Central District of California under 28 U.S.C. §
6 1391(b) and (c) in that a substantial injury occurred and continues to occur in this
7 District, a substantial part of the subject property is located here, Defendants’
8 conduct has been directed into this District, and a substantial portion of the events
9 that are the subject of this action took place in this District.
10 FACTUAL BACKGROUND
11 13. On December 25, 2013, a design patent application for a “Bluetooth
12 shower speaker” was filed with the United States Patent Office (USPTO). On
13 November 3, 2015, the Patent was duly and lawfully issued by the USPTO. The
14 Patent has an anticipated expiration date of November 3, 2029. A true and correct
15 copy of the Patent is attached hereto as EXHIBIT A.
16 14. Plaintiff is the true owner of all rights, title, and interest in the Patent
17 that encompasses the Bluetooth shower speaker design. Plaintiff possesses the right
18 to sue for and obtain equitable relief and damages for infringement of the Patent.
19 15. The success and novelty of the Patent prompted third parties, including
20 Defendants, to manufacture and/or distribute blatant counterfeits of Plaintiff’s
21 innovative design to compete with and infringe the Patent. See EXHIBIT B for
22 examples of Defendants’ infringement of the Patent.
23 16. Defendants have directly infringed and continue to directly infringe the
24 Patent by making, using, selling, and offering for sale in the United States, and/or
25 importing into the United States the Infringing Product (exemplified in EXHIBIT
26 B), embodying the invention defined by one or more claims of the Patent, without
27 authority or license from Plaintiff. More particularly, Defendants have infringed and
28 continue to infringe at least Claim 1 of the Patent because Infringing Product is
4

COMPLAINT
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1 substantially similar to the design protected by the Patent.

2 17. Plaintiff has complied with the marking and notice requirements of 35
3 U.S.C. § 287.
4 18. A comparison of the numerous substantially similar, if not nearly
5 identical, ornamental features are apparent with reference to the below chart:
6 U.S. Design Patent No. D742,359 Infringing Product
7
8
9
10
11
12
13
14
15
16
17

18
19
20
21 19. To address Defendants’ infringement, beginning on or around October

22 27, 2021, Plaintiff filed at least three (3) takedown notices against Defendants’

23 Infringing Product on Amazon.com. Because these notices were unsuccessful,

24 Plaintiff was left with no choice but to resolve this dispute in a formalized

25 proceeding.

26 20. Defendants’ Infringing Product was, and still is manufactured,

27 distributed, and/or offered for sale using a substantially similar design,

28 characteristic, and size as Plaintiff’s Patent.

COMPLAINT
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1 21. Plaintiff is informed and believes, and on that basis alleges, that
2 Defendants were aware of Plaintiff’s rights before they began their infringing
3 activities. Defendants’ use and infringement is therefore willful.
4 FIRST CLAIM FOR RELIEF
5 Design Patent Infringement – 35 U.S.C. § 271
6 22. Plaintiff hereby restates and realleges the allegations set forth in
7 paragraphs 1 through 21 above and incorporates them by reference.
8 23. Plaintiff is the sole owner of the entire right, title, and interest in the
9 Patent, which was duly and lawfully issued by the USPTO.
10 24. Defendants have, and continue to, knowingly, intentionally, and
11 willfully infringe the Patent by selling, offering for sale, and/or importing the
12 Infringing Product that would appear to an ordinary observer to be substantially
13 similar to the claim of the Patent.
14 25. Defendants undertook their acts of infringement of the Patent without
15 permission or license.
16 26. Plaintiff is informed and believes, and on that basis alleges, that
17 Defendants had actual knowledge of Plaintiff’s right in the design claimed in the
18 Patent. Defendants’ actions constitute reckless disregard for Plaintiff’s patent rights
19 or otherwise willful and intentional infringement of the Patent.
20 27. As a direct and proximate result of Defendants’ acts of infringement,
21 Defendants have derived and received gains, profits, and advantages in an amount
22 that is not presently known to Plaintiff.
23 28. Pursuant to 35 U.S.C. § 284, Plaintiff is entitled to damages for
24 Defendants’ infringing acts and treble damages together with interest and cost as
25 fixed by this Court.
26 29. Pursuant to 35 U.S.C. § 285, Plaintiff is entitled to reasonable attorneys’
27 fees for the necessity of bringing this claim.
28 30. Pursuant to 35 U.S.C. § 289, Plaintiff is entitled to recover Defendants’
6

COMPLAINT
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1 total profits from Defendants’ infringement.

2 31. Due to Defendants’ infringing acts, Plaintiff has suffered great and
3 irreparable injury, for which Plaintiff has no adequate remedy at law.
4 32. Defendants will continue to infringe Plaintiff’s patent rights and
5 Plaintiff will continue to suffer irreparable harm unless enjoined by this Court.
6 SECOND CLAIM FOR RELIEF
7 Unfair Competition – Cal. Bus. & Prof. Code § 17200 et seq.
8 33. Plaintiff hereby restates and realleges the allegations set forth in
9 paragraphs 1 through 32 above and incorporates them by reference.
10 34. California Business and Professions Code, Section 17200 states, in
11 pertinent part: “...unfair competition shall mean and include any unlawful, unfair or
12 fraudulent business act or practice and unfair, deceptive, untrue or misleading
13 advertising and any act prohibited by Chapter 1 (commencing with Section 17500)
14 of Part 3 of Division 7 of the Business and Professions Code.”
15 35. At all times mentioned herein, Defendants have engaged in “unfair”
16 business practices. Defendants have maliciously disrupted Plaintiff’s business by
17 offering for sale and selling the Infringing Product, which infringes Plaintiff’s
18 Patent. Such acts by Defendants are unlawful.
19 36. As a direct and proximate result of Defendants’ wrongful acts, Plaintiff
20 has been, is now, and will be irreparable injured and damaged by Defendants’
21 aforementioned acts. Unless Defendants are enjoined by this Court, Plaintiff will
22 suffer further harm to its business. This harm constitutes an injury for which Plaintiff
23 has no adequate remedy at law.
24 37. Defendants have acted with the intent to disrupt Plaintiff’s business and
25 thus, its acts are willful and intentional.
26 38. Defendants should be required to restore to Plaintiff its lost revenue as
27 a result of Defendants’ unlawful business acts or to provide Plaintiff with any other
28 restitutionary relief as the Court deems appropriate.
7

COMPLAINT
 Case 2:21-cv-09089 Document 1 Filed 11/19/21 Page 8 of 9 Page ID #:8

1 PRAYER FOR RELIEF

2 WHEREFORE, Plaintiff respectfully prays for judgment against Defendants
3 as follows:
4 A. Entry of a judgment that Defendants have infringed one or more claims
5 of the Patent;
6 B. Entry of a judgment that Defendants willfully and deliberately
7 infringed Plaintiff’s Patent;
8 C. An order preliminarily and permanently restraining and enjoining
9 Defendants, its officers, agents, attorneys and employees, and those acting in privity
10 or concert with Defendants, from engaging in the manufacture, use, offer for sale or
11 sale within the United States, or importation into the United States, of the Infringing
12 Product until after the expiration date of the Patent;
13 D. An order requiring Defendants to deliver and be impounded during the
14 pendency of this action all material in Defendants’ possession, custody, or control
15 that includes or incorporates products that infringe Plaintiff’s Patent rights, including
16 but not limited to, any products, containers, packages, labels, and advertisements in
17 their possession or under their control utilizing Plaintiff’s Patent, or any simulation,
18 reproduction, counterfeit, copy, or colorable imitation thereof;
19 E. An order of an independent accounting of all of Defendants’ financial
20 records relating to their infringing activities in order to determine the sums of money
21 owed to Plaintiff;
22 F. An order requiring Defendants to pay to Plaintiff all damages or other
23 monetary relief, including but not limited to all gains, profits, and advantages
24 derived by Defendants as a result of Defendants’ infringement of the Patent;
25 G. An order requiring Defendants to pay to Plaintiff treble damages and/or
26 exemplary damages because of Defendants’ willful conduct pursuant to 35 U.S.C. §
27 284;
28 H. Costs and reasonable attorneys’ fees relating to this action pursuant to
8

COMPLAINT
 Case 2:21-cv-09089 Document 1 Filed 11/19/21 Page 9 of 9 Page ID #:9

1 35 U.S.C. § 285;
2 I. Pre-judgment and post-judgment interest and costs in bringing this
3 action against Defendants; and
4 J. Such other and further relief as the Court may deem just and proper.
5 DEMAND FOR A JURY TRIAL
6 Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff
7 requests a jury trial of all issues that may be tried to a jury in this action.
8
9 RESPECTFULLY SUBMITTED this 19th day of November, 2021.
10
11 OMNI LEGAL GROUP
12
13 /s/ Omid E. Khalifeh
14 Omid E. Khalifeh
Ariana Santoro
15 Lara A. Petersen
16 Attorneys for Plaintiff,
LALTITUDE LLC
17

18
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25
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27
28

COMPLAINT
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EXHIBIT A
Case 2:21-cv-09089 Document 1-1 Filed 11/19/21 Page 2 of 11 Page ID #:11

USOOD7423.59S

(12) United States Design Patent (10) Patent No.: US D742,359 S

Zhao (45) Date of Patent: . Nov. 3, 2015

(54) BLUETOOTH SHOWER SPEAKER (56) References Cited

(71) Applicant: Baohua Zhao, Shenzhen (CN) U.S. PATENT DOCUMENTS
D432,516 S * 10/2000 Chen ............................ D14f1 70
(72) Inventor: Baohua Zhao, Shenzhen (CN) D437,842 S * 2/2001 Chen ....... D14f194
D474,169 S * 5/2003 Fletcher. D14f159
D495,679 S * 9/2004 Chen ....... D14f171
(**) Term: 14 Years D503,166 S * 3/2005 Tse ... D14f171
D587,240 S * 2/2009 Zadro ......... D14f189
(21) Appl. No. 29/477,686 D602,911 S * 10/2009 Wang et al. . D14,216
D635,956 S * 4/2011 Zadro ......... D14f197
D641.342 S * 7/2011 Chang ... D14/240
(22) Filed: Dec. 25, 2013 D643,022 S * 8/2011 Hou ... D14,216
D651,216 S * 12/2011 Pail ......... D14.f496
(51) LOC (10) Cl. ................................................ 14-03 D671,528 S * 1 1/2012 Fathollahi D14,216
(52) U.S. Cl. D682,805 S * 5/2013 Rath ........... D14f149
D698,753 S * 2/2014 Yiu et al. ... D14,216
USPC - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - D14/216 D719,138 S ck 12/2014 Schwartz . . . . . . . . . . . . . . . . . . . . D14,216

(58) Field of Classification Search * cited by examiner

USPC ........ D14/167, 168, 170–172, 188, 194-196,
D14/204, 207, 209.1, 210 216, 219, 221, Primary Examiner — Keli L Hill
D14/222,s 224,496,
s s
181/143.s 144,s 147,148
s s
(74), Attorney, Agent, or Firm Novoclaims Patent Services
LLC; Mei Lin Wong
18.1/150,153,157,198, 199381/300-303,
381/306, 332,333,336,345, 361-364, SC CLAM
The ornamental design for a bluetooth shower speaker, as
381/386 388; 369/6-12: D10/52, 53, shown and described.
D10/55 57 DESCRIPTION
CPC ... B60R 11/0217: G06F 1/1688; H04M 1/03; FIG.. 1I i1s a perspecuve
tive V1ew
view of
of aa bluetooth sh
bluetooln Snower k
speaker
H04M1/021;
1035,H04R
H04R1/025;
1/02; H04R
H04R1/026;
106. H04R
H04R Eily Sai,
FIG. 2 is a front view thereof.
1/028; H04R 1/105, H04R 1/323; H04R FIG. 3 is a rear view thereof.
1/403; H04R 1/2803; H04R 1/2834; H04R
FIG. 4 is a right end view thereof.
FIG. 5 is a left end view thereof.
5/02; H04R 7/20: H04R 9/06; H04R 9/025; FIG. 6 is a top view thereof; and,
H04R 2201/021; H04R 2400/00; H04R FIG.7 is a bottom View thereof.
The broken lines in FIG. 7 depict a portion of the bluetooth
2400/07; H04R 2499/11; H04R 2499/13; shower speaker that forms no part of the claimed design.
H04R 2499/15; HO4S 3/00: HO4S 7/30
See application file for complete search history. 1 Claim, 7 Drawing Sheets
Case 2:21-cv-09089 Document 1-1 Filed 11/19/21 Page 3 of 11 Page ID #:12

U.S. Patent Nov. 3, 2015 Sheet 1 of 7 US D742,359 S

FIG.1
Case 2:21-cv-09089 Document 1-1 Filed 11/19/21 Page 4 of 11 Page ID #:13

U.S. Patent Nov. 3, 2015 Sheet 2 of 7 US D742,359 S

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FIG.2
Case 2:21-cv-09089 Document 1-1 Filed 11/19/21 Page 5 of 11 Page ID #:14

U.S. Patent Nov. 3, 2015 Sheet 3 of 7 US D742,359 S

TOE:
FIG.3
Case 2:21-cv-09089 Document 1-1 Filed 11/19/21 Page 6 of 11 Page ID #:15

U.S. Patent Nov. 3, 2015 Sheet 4 of 7 US D742,359 S

FG4
Case 2:21-cv-09089 Document 1-1 Filed 11/19/21 Page 7 of 11 Page ID #:16

U.S. Patent Nov. 3, 2015 Sheet 5 Of 7 US D742,359 S

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FIG.5
Case 2:21-cv-09089 Document 1-1 Filed 11/19/21 Page 8 of 11 Page ID #:17

U.S. Patent Nov. 3, 2015 Sheet 6 of 7 US D742,359 S

FIG.6
Case 2:21-cv-09089 Document 1-1 Filed 11/19/21 Page 9 of 11 Page ID #:18

U.S. Patent Nov. 3, 2015 Sheet 7 Of 7 US D742,359 S

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FIG.7
Case 2:21-cv-09089 Document 1-1 Filed 11/19/21 Page 10 of 11 Page ID #:19

EXHIBIT B
Case 2:21-cv-09089 Document 1-1 Filed 11/19/21 Page 11 of 11 Page ID #:20