Travel Blue Ltd. v. Sourcing Network Int'l - Complaint

Case 1:17-cv-01710-UNA Document 1 Filed 11/27/17 Page 1 of 11 PageID #: 1
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE
)
TRAVEL BLUE LTD., )
)
Plaintiff, )
)
v. ) C.A. No.
)
JURY TRIAL DEMANDED
SOURCING NETWORK INTERNATIONAL )
LLC, )
)
Defendant )
COMPLAINT
Travel Blue Ltd. (Travel Blue), by and through its undersigned attorneys, for its
Complaint against Sourcing Network International LLC (SNI), hereby alleges:
PARTIES
1. Travel Blue is a company organized and existing under the laws of the United
Kingdom, with a principal place of business located at Magnolia House, Spring Villa Park,
11 Spring Villa Road, Edgware, Middlesex, United Kingdom, HA8 7EB.
2. Travel Blue develops, manufactures, and sells innovative travel accessories
around the world. Travel Blue is a pioneer in the development and sale of travel accessories
and a world leader in this business space.
3. On information and belief, defendant SNI is a limited liability company
organized and existing under the laws of the State of Delaware, with its principal place of
business located at 2525 State Road, Bensalem, PA, 19007.
JURISDICTION
4. This is an action for design patent infringement arising out of SNIs
unauthorized importing, manufacturing, offering for sale, using and/or selling display stands
RLF1 18514487v.1
in violation of Travel Blues patent rights. Because this is an action for infringement under
the patent laws of the United States, 35 U.S.C. 271, et seq., this Court has subject matter
jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a).
5. This Court has personal jurisdiction over SNI, by virtue of, among other
things, SNI being a Delawarelimited liability company, having conducted business in this
District, having availed itself of the rights and benefits of Delaware law, having complied
with Delawares registration statute requiring designation of an agent for service of process,
and having engaged in substantial and continuing contacts with Delaware.
VENUE
6. Venue is proper in Delaware pursuant to 28 U.S.C. 1400(b) because SNI
resides in this District and because SNI markets, distributes, and sells products for use
throughout the United States, including in this District.
BACKGROUND
TRAVEL BLUE IS A LEADER IN THE TRAVEL

PRODUCT AND ACCESSORIES INDUSTRY
7. Travel Blue is a world leader in developing and selling travel accessories,
selling its products in over 110 countries and in thousands of stores around the globe,
including in the United States.
8. Travel Blue is well known for its travel pillows, travel adaptors, locks,
luggage straps, eye masks, and other travel-related products and accessories, including
electronic products, as well as travel bags, and wallets. Travel Blue provides a diverse array
of attractive, practical, high quality products for its customers.
9. Travel Blues products are well-known by the companys global customer
base in part because of Travel Blues extensive advertising and promotional efforts,
2
RLF1 18514487v.1
including, among other things, Travel Blues consistent use of a blue and yellow color
scheme on its product packaging and marketing materials.
10. Travel Blue markets and sells its products online and in retail stores.
11. Travel Blue continuously invests in design and development of new products,
positioning the company as an industry and market leader.
12. Travel Blue developed an innovative and novel display stand for merchandise
and this display stand is used in stores located near travel hubs such as airports and train
stations around the globe.
TRAVEL BLUES DISTINCTIVE MERCHANDISE STAND

IS PROTECTED BY THE PATENT-IN-SUIT
13. Travel Blue obtained and owns a U.S. Design Patent, No. D763,021 (the
021 Patent) to protect its innovative stand. Travel Blue values its intellectual property
rights, and seeks to enforce its patents accordingly. The 021 patent, entitled Multi Pillow
Stand was duly and legally issued by the United States Patent and Trademark Office on
August 9, 2016, from Application Serial No. 29/506,731 filed on October 20, 2014. A true
and correct copy of the 021 Patent is attached as Exhibit A.
14. After significant engineering and development expense, Travel Blue
introduced merchandise display stands having the novel and distinctive designs embodied in
the 021 Patent.
15. Travel Blues merchandise display stands have become successful commercial
products for Travel Blue.
16. Travel Blues merchandise display stand design is distinctive and significantly
different from any previously known retail product stand, and therefore provides Travel Blue
wide breadth in its intellectual property rights.
3
RLF1 18514487v.1
SNI COPIED TRAVEL BLUES DESIGN EMBODIED IN THE 021 PATENT
17. Travel Blue, in good faith, provided a sample of a Travel Blue merchandise
stand embodying the 021 Patent to its client Hudsons. Exhibit B includes photographs of
the Travel Blue merchandise stand embodying the 021 Patent, depicted both with and
without merchandise. On information and belief, Hudsons provided the stand, related
drawings, and/or a description of or closely related to the stand, to SNI. On information and
belief, subsequent to examining Travel Blues merchandise display stand, SNI began and
continues to manufacture, use, sell, and distribute a merchandise display stand nearly
identical to that embodied in the 021 Patent (SNIs Infringing Stand). Exhibit C depicts
SNIs Infringing Stand, including photographs both with and without merchandise.
18. SNIs Infringing Stand so closely mimics the style, design, appearance, and
features of the Travel Blue design that SNIs Infringing Stand infringes upon the 021 Patent.
19. In the images below, Travel Blues design appears on the left and SNIs
Infringing Stand appears on the right:
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5
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6
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7
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COUNT I
INFRINGEMENT OF U.S. DESIGN PATENT NO. D763,021
20. Travel Blue repeats and realleges each and every allegation contained in
paragraphs 1-20, inclusive, as though fully set forth herein.
21. The 021 Patent is valid and enforceable.
22. Travel Blue is the owner of all right, title, and interest in and to the design
claimed in the 021 Patent. Travel Blue is entitled to receive all damages and the benefits of
all other remedies for SNIs infringement.
8
RLF1 18514487v.1
23. Figures 1-8 from the 021 Patent illustrate the claimed ornamental design for
Travel Blues merchandise display stand. Exhibit A, a copy of the 021 Patent, includes
Figures 1-8.
24. Without permission or authorization from Travel Blue, SNI makes, uses,
offers to sell, sells and/or imports into this District and elsewhere in the United States, certain
merchandise display stands, including SNIs Infringing Stand shown above and in Exhibit C,
that infringe the 021 Patent.
25. SNIs Infringing Stand contains each and every aspect of the claimed design
in the 021 Patent.
26. SNIs Infringing Stand has an overall appearance that is confusingly similar to
the claimed design in the 021 Patent.
27. SNIs Infringing Stand has an overall appearance that is substantially the same
as the claimed design in the 021 patent.
28. In the eye of an ordinary observer, giving such attention as a purchaser usually
gives, SNIs Infringing Stand is substantially the same as the patented design and the
resemblance would deceive such an observer, inducing a purchase of one supposing it to be
the other.
29. SNI has encouraged and facilitated retail store owners use of the SNI
Infringing Stand, and is therefore liable for contributory infringement and/or induced
infringement of the 021 Patent.
30. To the extent that any marking or notice was required by 35 U.S.C. 287,
Travel Blue has complied with the requirements of that statute by providing actual and/or
constructive notice to SNI of its infringement of the 021 Patent.
9
RLF1 18514487v.1
31. SNIs infringement of the 021 Patent has been and continues to be willful and
deliberate.
32. SNIs conduct has caused and will continue to cause Travel Blue substantial
damage, including irreparable harm, for which Travel Blue has no adequate remedy at law,
unless and until SNI is enjoined from infringing the 021 Patent.
33. SNIs use of the Infringing Stand allows SNI and its customers to market and
sell more products than SNI and its customers would otherwise be able to.
34. SNIs use of the Infringing Stand which mimics the creative and ornamental
display of travel merchandise achieved with Travel Blues proprietary design, encourages
both planned and impulse purchases and increases the overall amount of merchandise
displayed in a retail store, thereby increasing SNIs overall sales volume.
PRAYER FOR RELIEF
Wherefore, Travel Blue respectfully prays for entry for a judgment and relief as
follows:
A. For a judgment that SNI has infringed the 021 Patent both directly and
indirectly;
B. For a preliminary and permanent injunction enjoining SNI and its agents,
officers, directors, employees, and all persons in privity or active concert or participation
with them, directly or indirectly, from infringing, inducing others to infringe, or contributing
to the infringement of the 021 Patent;
C. For a judgment and award that SNI account for and pay to Travel Blue
damages adequate to compensate for SNIs infringement of the 021 Patent, including lost
profits but in no event less than a reasonable royalty;
10
RLF1 18514487v.1
D. For a judgment and award of SNIs total profits in an amount subject to proof
at trial, pursuant to 35 U.S.C. 289;
E. For a judgment and award of any supplemental damages sustained by Travel
Blue for any continuing post-verdict infringement of the 021 Patent until entry of final
judgment with an accounting as needed;
F. For a finding that SNIs infringement is willful and an award of increased
damages for willful infringement pursuant to 35 U.S.C. 284;
G. For an order finding that this case is an exceptional case under 35 U.S.C.
285 and awarding Travel Blue its costs, expenses, and disbursements incurred in this action,
including reasonable attorneys fees as available by law to be paid by SNI;
H. For an award for pre-judgment interest, post-judgment interest, and costs in
this action; and
I. For an award of such other relief to SNI as this Court deems just and proper.
DEMAND FOR JURY TRIAL
Travel Blue demands a trial by jury on all issues so triable.
/s/ Frederick L. Cottrell, III

OF COUNSEL: Frederick L. Cottrell, III (#2555)
Christine D. Haynes (#4697)
Christopher T. McWhinney Richards, Layton & Finger, P.A.
Gerry Silver 920 N. King Street
Kimberly Herman Wilmington, Delaware 19801
Sullivan & Worcester 302-651-7700
1666 K Street, NW Cottrell@rlf.com
Washington, D.C. 20006 Haynes@rlf.com
202-775-1216
cmcwhinney@sandw.com Attorneys for Plaintiff
gerry.silver@sandw.com
kherman@sandw.com
Dated: November 27, 2017
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RLF1 18514487v.1
Case 1:17-cv-01710-UNA Document 1-1 Filed 11/27/17 Page 1 of 10 PageID #: 12
EXHIBIT A
Exhibit A
{B2179098; 5}
{B2179098; 5}
{B2179098; 5}
{B2179098; 5}
{B2179098; 5}
{B2179098; 5}
{B2179098; 5}
{B2179098; 5}
{B2179098; 5}
EXHIBIT B
Exhibit B
{B2179098; 5}
{B2179098; 5}
EXHIBIT C
Exhibit C
{B2179098; 5}
{B2179098; 5}
{B2179098; 5}
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

Travel Blue Ltd. Sourcing Network International LLC
(b) County of Residence of First Listed Plaintiff United Kingdom 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)
Frederick L. Cottrell, III, Richards, Layton & Finger, P.A., 920 North King
Street, Wilmington, DE 19801, (302) 651-7700
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)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6 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
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY 480 Consumer Credit
of Veterans Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards 861 HIA (1395ff) 490 Cable/Sat TV
160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending Act 862 Black Lung (923) 850 Securities/Commodities/
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management 863 DIWC/DIWW (405(g)) Exchange
195 Contract Product Liability 360 Other Personal Property Damage Relations 864 SSID Title XVI 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 865 RSI (405(g)) 891 Agricultural Acts
362 Personal Injury - Product Liability 751 Family and Medical 893 Environmental Matters
Medical Malpractice Leave Act 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act or Defendant) 899 Administrative Procedure
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party Act/Review or Appeal of
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 Agency Decision
245 Tort Product Liability Accommodations 530 General 950 Constitutionality of
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION State Statutes
Employment Other: 462 Naturalization Application
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 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 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
VI. CAUSE OF ACTION Brief description of cause:
Patent infringement
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)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
11/27/2017 /s/ Frederick L. Cottrell, III
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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Case 1:17-cv-01710-UNA Document 1 Filed 11/27/17 Page 1 of 11 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

Complaint against Sourcing Network International LLC (SNI), hereby alleges:

11 Spring Villa Road, Edgware, Middlesex, United Kingdom, HA8 7EB.

2. Travel Blue develops, manufactures, and sells innovative travel accessories

and a world leader in this business space.

3. On information and belief, defendant SNI is a limited liability company

business located at 2525 State Road, Bensalem, PA, 19007.

4. This is an action for design patent infringement arising out of SNIs

jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a).

and having engaged in substantial and continuing contacts with Delaware.

6. Venue is proper in Delaware pursuant to 28 U.S.C. 1400(b) because SNI

throughout the United States, including in this District.

TRAVEL BLUE IS A LEADER IN THE TRAVEL

7. Travel Blue is a world leader in developing and selling travel accessories,

including in the United States.

of attractive, practical, high quality products for its customers.

9. Travel Blues products are well-known by the companys global customer

scheme on its product packaging and marketing materials.

positioning the company as an industry and market leader.

stations around the globe.

TRAVEL BLUES DISTINCTIVE MERCHANDISE STAND

and correct copy of the 021 Patent is attached as Exhibit A.

14. After significant engineering and development expense, Travel Blue

the 021 Patent.

products for Travel Blue.

wide breadth in its intellectual property rights.

SNI COPIED TRAVEL BLUES DESIGN EMBODIED IN THE 021 PATENT

Infringing Stand appears on the right:

INFRINGEMENT OF U.S. DESIGN PATENT NO. D763,021

paragraphs 1-20, inclusive, as though fully set forth herein.

21. The 021 Patent is valid and enforceable.

all other remedies for SNIs infringement.

that infringe the 021 Patent.

in the 021 Patent.

the claimed design in the 021 Patent.

as the claimed design in the 021 patent.

resemblance would deceive such an observer, inducing a purchase of one supposing it to be

infringement of the 021 Patent.

constructive notice to SNI of its infringement of the 021 Patent.

displayed in a retail store, thereby increasing SNIs overall sales volume.

PRAYER FOR RELIEF

to the infringement of the 021 Patent;

profits but in no event less than a reasonable royalty;

at trial, pursuant to 35 U.S.C. 289;

E. For a judgment and award of any supplemental damages sustained by Travel

judgment with an accounting as needed;

F. For a finding that SNIs infringement is willful and an award of increased

damages for willful infringement pursuant to 35 U.S.C. 284;

including reasonable attorneys fees as available by law to be paid by SNI;

H. For an award for pre-judgment interest, post-judgment interest, and costs in

this action; and

DEMAND FOR JURY TRIAL

Travel Blue demands a trial by jury on all issues so triable.

/s/ Frederick L. Cottrell, III

Dated: November 27, 2017

I. (a) PLAINTIFFS DEFENDANTS

Citizen or Subject of a 3 3 Foreign Nation 6 6

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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