Case 2:18-cv-03932 Document 1 Filed 05/10/18 Page 1 of 11 Page ID #:1

1 Heedong Chae (SBN: 263237)

Email: hdchae@lucemlaw.com
2
Karen Kim (SBN 297857)
3 Email: kkim@lucemlaw.com
LUCEM, PC
4
660 South Figueroa St., Suite 1200
5 Los Angeles, CA 90017
Phone: 213-387-3630
6
Fax: 213-863-6332
7
8 Attorneys for Plaintiff,
CART & SUPPLY, INC.
9
10 UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
11
12 CART & SUPPLY, INC., a California Case No:
corporation,
13
14 Plaintiff, COMPLAINT FOR DESIGN
PATENT INFRINGEMENT
15 v.
16
EVERSTRONG COMMERCIAL JURY TRIAL DEMANDED
17
PRODUCTS, LLC, a Florida limited
18 liability company; EVERSTRONG
PRODUCTS CO., LTD., a People’s
19
Republic of China corporation; DOES 1
20 though 10, inclusive,
21
Defendants.
22
23
Plaintiff Cart & Supply, Inc., for its complaint for design patent infringement
24
against Defendants Everstrong Commercial Products, LLC and Everstrong Products
25
Co., Ltd., alleges as follows:
26
JURISDICTION AND VENUE
27
1. This is an action for patent infringement arising under the patent laws of
28
the United States, Title 35, United States Code.
 Case 2:18-cv-03932 Document 1 Filed 05/10/18 Page 2 of 11 Page ID #:2

1 2. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331

2 and 1338(a).
3 3. This Court has personal jurisdiction over all the Defendants by virtue of
4 their transacting, doing, and soliciting business in this District, and because a
5 substantial part of the relevant events occurred in this District.
6 4. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b),
7 1391(c), 1391(d), and 1400(b).
8 PARTIES
9 5. Plaintiff Cart & Supply, Inc. (hereinafter, “Cart & Supply” or
10 “Plaintiff”), is a corporation organized and existing under the laws of the State of
11 California, with its principal place of business at 2201 Long Beach Ave., Los
12 Angeles, CA 90058, the USA.
13 6. Plaintiff is informed and believes, and thereon alleges, that Defendant
14 Everstrong Commercial Products, LLC (“ECP”), is a corporation organized and
15 existing under the laws of the State of Florida, with its principal place of business at
16 1001 E 24 Street, Hialeah, FL 33013, the USA.
17 7. Plaintiff is informed and believes, and thereon alleges, that Defendant
18 Everstrong Products Co., Ltd. (“EP”), is a corporation organized and existing under
19 the laws of the People’s Republic of China, with its principal place of business at
20 Wangjiao Plaza, No. 175, East Yan'an Rd. Unit 1710, Shanghai, 200002, PRC.
21 8. Plaintiff is unaware of the true names and capacities, whether
22 individual, corporate, or otherwise, of the Defendants named herein as Does 1
23 through 10, inclusive, but is informed and believes, and thereon alleges, that each of
24 the fictitiously named defendants engaged in, or is in some manner responsible for,
25 the wrongful conduct alleged herein. Plaintiff therefore sues these defendants by
26 such fictitious names and will amend this complaint to state their true names and
27 capacities when such names have been discovered.
28

COMPLAINT FOR PATENT INFRINGEMENT

2
 Case 2:18-cv-03932 Document 1 Filed 05/10/18 Page 3 of 11 Page ID #:3

1 FACTUAL ALLEGATIONS
2 9. Since 2014, Plaintiff has engaged in the development, manufacture, and
3 sale of laundry carts, casters, and accessories thereof.
4 10. Plaintiff is the owner of all right, title, and interest in the United States
5 Design Patent No. D707,414 (the “‘414 Patent”), entitled “Cart Support Having
6 Rotating Wheels”, duly and properly issued by the U.S. Patent and Trademark Office
7 on June 17, 2014. A copy of the ‘414 Patent is attached as Exhibit A.
8 11. Defendants have been and/or are directly infringing and/or are inducing
9 infringement of the ‘414 Patent by, without Plaintiff’s permission, among other
10 things, making, using, offering to sell or selling in the United States, or importing
11 into the United States, products that violate the ‘414 Patent, including, by way of
12 example and not limitation, Everstrong Heavy Duty Wire Basket Laundry Carts with
13 size of Large or Standard and with Double Pole and Single Pole (the “Accused
14 Products”). See Exhibit B.
15 12. The Accused Products infringe the ‘414 Patent.
16 13. The Accused Products are almost identical or at least substantially
17 similar in appearance to the ‘414 Patent.
18 14. Defendants directly infringe the ‘414 Design Patents by making, using,
19 selling, offering to sell, and/or importing, by way of example and not limitation, the
20 Accused Products.
21 15. The Accused Products have been sold at least on Amazon.com or
22 Defendants’ website <www.everstrongproducts.com>.
23 16. Defendants have actively induced infringement of the ‘414 Patent by
24 selling or offering to sell and/or importing the Accused Products to their customers
25 and by marketing and promoting the sales of the Accused Products to customers.
26 17. Charts below demonstrate, by way of example and not limitation,
27 Defendants’ infringement by comparing images of the Accused Products with figures
28 from the ‘414 Patent or images of Plaintiff’s product which embodies and practices

COMPLAINT FOR PATENT INFRINGEMENT

3
 Case 2:18-cv-03932 Document 1 Filed 05/10/18 Page 4 of 11 Page ID #:4

1 the ‘414 Patent.

2 Chart 1: Images Depicting Infringement of
3 Plaintiff’s Design Patent 707,414 by Defendants
4 D707,414 Accused Product
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

COMPLAINT FOR PATENT INFRINGEMENT

4
 Case 2:18-cv-03932 Document 1 Filed 05/10/18 Page 5 of 11 Page ID #:5

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

COMPLAINT FOR PATENT INFRINGEMENT

5
 Case 2:18-cv-03932 Document 1 Filed 05/10/18 Page 6 of 11 Page ID #:6

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

COMPLAINT FOR PATENT INFRINGEMENT

6
 Case 2:18-cv-03932 Document 1 Filed 05/10/18 Page 7 of 11 Page ID #:7

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

COMPLAINT FOR PATENT INFRINGEMENT

7
 Case 2:18-cv-03932 Document 1 Filed 05/10/18 Page 8 of 11 Page ID #:8

1 Chart 2: Images Depicting Infringement of

Plaintiff’s Design Patent 707,414 by Defendants
2
3 Plaintiff’s product embodying Accused Product
the ‘414 Patent
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

COMPLAINT FOR PATENT INFRINGEMENT

8
 Case 2:18-cv-03932 Document 1 Filed 05/10/18 Page 9 of 11 Page ID #:9

1 18. Accordingly, the Accused Products infringe the claim of the ‘414 Patent.
2 19. Upon information and belief, Defendants’ infringement of the ‘414
3 Patent has been and continues to be willful and intentional.
4 INFRINGEMENT OF U.S. DESIGN PATENT NO. D707,414
5 20. Plaintiff re-alleges each and every allegation set forth in paragraphs 1
6 through 19 above, inclusive, and incorporates them by reference herein.
7 21. Defendants have made, used, sold, offered to sell, and/or imported into
8 the United States, and are still making, using, selling or offering to sell, and/or
9 importing into the United States, laundry carts having designs that infringe the ‘414
10 Patent without Plaintiff’s permission.
11 22. Defendants have profited through infringement of the ‘414 Patent. As a
12 result of Defendants’ unlawful infringement of the ‘414 Patent, Plaintiff has suffered
13 and will continue to suffer damages. Plaintiff is entitled to recover from Defendants
14 the damages suffered by Plaintiff as a result of Defendants’ unlawful acts.
15 23. Defendants’ infringement is, on information and belief, willful, making
16 this an exceptional case and entitling Plaintiff to enhanced damages and reasonable
17 attorney’s fees and costs.
18 24. On information and belief, Defendants intend to continue its unlawful
19 infringing activity, and Plaintiff continues to and will continue to suffer irreparable
20 harm — for which there is no adequate remedy at law — from such unlawful
21 infringing activity unless Defendants are enjoined by this Court.
22 PRAYER FOR RELIEF
23 WHEREFORE, in consideration of the foregoing, Plaintiff prays for relief as
24 follows:
25 1. For a judgment declaring that Defendants have infringed the ‘414
26 Patent;
27 2. For a judgment awarding Plaintiff compensatory damages as a result of
28 Defendants’ infringement of the ‘414 Patent, together with interest and costs, and in

COMPLAINT FOR PATENT INFRINGEMENT

9
 Case 2:18-cv-03932 Document 1 Filed 05/10/18 Page 10 of 11 Page ID #:10

1 no event less than a reasonable royalty;

2 3. For a judgment declaring that Defendants’ infringement of the ‘414
3 Patents has been willful and deliberate;
4 4. For a judgment awarding Plaintiff treble damages and pre-judgment
5 interest under 35 U.S.C. § 284 as a result of Defendants’ willful and deliberate
6 infringement of the ‘414 Patent;
7 5. For a judgment declaring that this case is exceptional and awarding
8 Plaintiff its expenses, costs, and attorney’s fees in accordance with 35 U.S.C. §§ 284
9 and 285 and Rule 54(d) of the Federal Rules of Civil Procedure;
10 6. For a grant of a permanent injunction pursuant to 35 U.S.C. § 283,
11 enjoining Defendants from further acts of infringement; and
12 7. For such other and further relief as the Court deems just and proper.
13
14 Dated: May 10, 2018 Respectfully submitted,
15
By: /s/ Heedong Chae_______________
16 Heedong Chae
Karen Kim
17
LUCEM, PC
18 Attorneys for Plaintiff,
CART & SUPPLY, INC.
19
20
21
22
23
24
25
26
27
28

COMPLAINT FOR PATENT INFRINGEMENT

10
 Case 2:18-cv-03932 Document 1 Filed 05/10/18 Page 11 of 11 Page ID #:11

1 JURY DEMAND
2 Plaintiff hereby demands a trial by jury on all issues so triable.
3
4 Dated: May 10, 2018 Respectfully submitted,
5
By: /s/ Heedong Chae_______________
6 Heedong Chae
Karen Kim
7
LUCEM, PC
8 Attorneys for Plaintiff,
CART & SUPPLY, INC.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

COMPLAINT FOR PATENT INFRINGEMENT

11
 Case 2:18-cv-03932 Document 1-1 Filed 05/10/18 Page 1 of 6 Page ID #:12
USO0D707414S

(12) United States Design Patent (10) Patent N0.: US D707,414 S

Ch0i (45) Date of Patent: 11* Jun. 17, 2014

(54) CART SUPPORT HAVING ROTATING D180,016 S * 4/1957 Frick ............................ .. D34/23
WHEELS D225,840 S * 1/1973 Ball D34/17
D302,892 S * 8/1989 Callahan . D34/23
. . D386,868 S * 11/1997 Catlett ..... .. D34/17
(71) Appl1cant: Warren W0n Ch01, Los Angeles, CA 1342392 S * 4/2000 Weinstein ““ u 1334/12
(Us) D444,282 s * 6/2001 Lensing et al. 1334/23
D445,229 S * 7/2001 StravitZ et al. ............... .. D34/17
(72) Inventor: Warren W0n Choi, Los Angeles, CA * . .
(Us) c1ted by exammer

(M) Term: 14 Years Primary Examiner * Cynthia Ramirez

(74) Attorney, Agent, or FirmiEast West Law Group;
(21) App1.No.: 29/454,695 Heedong Chae
(22) Filed: May 13, 2013 (57) _ CLAIM _ _
(51) LOC (10) Cl. .............................................. .. 12-02 The Omamemal deSIgn for. a can supp“ havmg rotanng
(52) U 5 Cl wheels, as shown and descnbed.
USPC ......................................................... .. D34/12
DESCRIPTION
(58) Field of Classi?cation Search
CPC ~~~~ ~~ B6213 2205/06; B62B 1/12; B6213 1/002; FIG. 1 is a perspective view ofa cart support having rotating
B62B 3/027; B62B 5/0003; B62B 2202/404; Wheels Showing my new design;
B6213 5/0083; B6013 33/0002 FIG. 2 is a front elevational view thereof;
USPC ....... .. D34/12427; 280/651, 641, 79.11, 79.3, FIG 3 is a rear elevational View thereof;
_ _ _ 280/42 FIG. 4 is a left side elevational view thereof;
see apphcanon ?le for complete searCh hIStOrY FIG. 5 is a right side elevational view thereof;
_ FIG. 6 is a top plan view thereof; and,
(56) References Clted FIG. 7 is a bottom plan view thereof.
Us PATENT DOCUMENTS The broken line showing of environment is for illustrative
purposes only and forms no part of the claimed design.
272,227 A * 2/1883 Foreman ..................... .. 248/129
D149,411 S * 4/1948 Harley ......................... .. D34/23 1 Claim, 5 Drawing Sheets
 Case 2:18-cv-03932 Document 1-1 Filed 05/10/18 Page 2 of 6 Page ID #:13

US. Patent Jun. 17, 2014 Sheet 1 0f 5 US D707,414 S

 Case 2:18-cv-03932 Document 1-1 Filed 05/10/18 Page 3 of 6 Page ID #:14

US. Patent Jun. 17 2014 Sheet2 0f5

FIG. 2

FIG. 3
 Case 2:18-cv-03932 Document 1-1 Filed 05/10/18 Page 4 of 6 Page ID #:15

US. Patent Jun. 17, 2014 Sheet 3 0f 5 US D707,414 S

FIG. 4

FIG. 5
 Case 2:18-cv-03932 Document 1-1 Filed 05/10/18 Page 5 of 6 Page ID #:16

US. Patent Jun. 17, 2014 Sheet 4 0f5 US D707,414 S

FIG. 6

ii
 Case 2:18-cv-03932 Document 1-1 Filed 05/10/18 Page 6 of 6 Page ID #:17

US. Patent Jun. 17, 2014 Sheet 5 0f5 US D707,414 S

FIG. 7
 Case 2:18-cv-03932 Document 1-2 Filed 05/10/18 Page 1 of 4 Page ID #:18

Try Prime
Industrial & Scientific everstrong heavy duty wire

EN Hello. Sign in 0
Departments Your Amazon.com Today's Deals Gift Cards Account & Lists Orders Try Prime Cart

Industrial & Scientific Lab Test & Measurement Safety Janitorial & Facilities Food Service Education Material Handling Materials Metalworking

‹ Back to search results for "everstrong heavy duty wire basket laundry cart"

Everstrong Share
Everstrong Heavy Duty Wire Basket
Laundry Cart
Available in multiple versions
Be the first to review this item

Price: $119.00 - $169.99

Product Specifications

Part Number WB300

Number of Items 1

Brand Name Everstrong

Item Weight 34.0  pounds

Click to open expanded view
    
See more product details
Image is representative of the product family. Select
individual products in the table below for more
specific images and product specifications
Currently showing 1-4 of 4

ASIN Size Price

In Stock
All    
Only

$145.99
B0798143HD Double Pole + $20.21 See all buying options
Shipping

$169.99
B07958YTS9 Large + $18.33 See all buying options
Shipping

$144.99
B0798233MT Single Pole + $19.27 See all buying options
Shipping

$119.00
B079582MD9 Standard + $15.98 See all buying options
Shipping

Currently showing 1-4 of 4

Sponsored products related to this item (What's this?) Page 1 of 12

 Case 2:18-cv-03932 Document 1-2 Filed 05/10/18 Page 2 of 4 Page ID #:19

Medline Heavy Duty Learniture Profile Series Finether Cart Aluminum BindMaster 4627 10' Olympia Tools 85-188
Bariatric Rollator Walker Triple-Wide Mobile Folding 2-wheel Hand Extension Cord/Wire, 3 Collapsible Service Cart
with 8" Wheels, 500 lb. Classroom Storage Tower truck Lightweight Portable Prong Grounded, 3 outlets, 421
Capacity with 36 Small ... Trolley doll... Angled Flat P... $74.92
384 3 16 70
$92.00 $992.27 $72.99 $10.99
Ad feedback

Have a question?
Find answers in product info, Q&As, reviews

Product features
Chrome Plated Base and Wire Basket
Antibacterial Wrap Around Top Bumper
Heavy Duty 5" Thread Guard & Precision Bearing Swivel Casters

Product description
Everstrong heavy duty wire laundry carts are used in coin laundries, laundromats, and other commercial and industrial settings the world over. Thread Guard
swivel casters and non-marking corner bumpers will protect your cart and machinery for years of service. Protect your investment with Everstrong.

Product details
Item Weight: 34 pounds
Shipping Weight: 34 pounds (View shipping rates and policies)
ASIN: B07958C3D7
Average Customer Review: Be the first to review this item
Product Warranty: For warranty information about this product, please click here

Would you like to tell us about a lower price?

Customer questions & answers

Have a question? Search for answers

Typical questions asked about products:

- Is the item durable?
- Is this item easy to use?
- What are the dimensions of this item?

Customer reviews
There are no customer reviews yet.

5 star 0% Share your thoughts with other customers

4 star 0%
3 star 0% Write a customer review
 Case 2:18-cv-03932 Document 1-2 Filed 05/10/18 Page 3 of 4 Page ID #:20
2 star 0%
1 star 0%

Ad feedback

Ad feedback

Back to top

Get to Know Us Make Money with Us Amazon Payment Products Let Us Help You
Careers Sell on Amazon Amazon Rewards Visa Signature Cards Your Account
About Amazon Sell Your Services on Amazon Amazon.com Store Card Your Orders
Investor Relations Sell on Amazon Business Amazon.com Corporate Credit Line Shipping Rates & Policies
Amazon Devices Sell Your Apps on Amazon Shop with Points Amazon Prime
Become an Affiliate Credit Card Marketplace Returns & Replacements
Advertise Your Products Reload Your Balance Manage Your Content and Devices
Self-Publish with Us Amazon Currency Converter Amazon Assistant
Become an Amazon Vendor Help

› See all

English United States

Amazon Music Amazon Drive 6pm AbeBooks ACX Alexa Amazon Business
Stream millions Cloud storage Score deals Books, art Audiobook Publishing Actionable Analytics Everything For
of songs from Amazon on fashion brands & collectibles Made Easy for the Web Your Business

AmazonFresh AmazonGlobal Home Services Amazon Inspire Amazon Rapids Amazon Restaurants Amazon Video Direct
Groceries & More Ship Orders Handpicked Pros Digital Educational Fun stories for Food delivery from Video Distribution
Right To Your Door Internationally Happiness Guarantee Resources kids on the go local restaurants Made Easy

Amazon Web Services Audible AudiobookStand Book Depository Box Office Mojo ComiXology CreateSpace
Scalable Cloud Download Discount Audiobooks Books With Free Find Movie Thousands of Indie Print Publishing
Computing Services Audio Books on Disc Delivery Worldwide Box Office Data Digital Comics Made Easy

DPReview East Dane Fabric Goodreads IMDb IMDbPro Junglee.com

Digital Designer Men's Sewing, Quilting Book reviews Movies, TV Get Info Entertainment Shop Online
Photography Fashion & Knitting & recommendations & Celebrities Professionals Need in India

Kindle Direct Publishing Prime Now Prime Photos Shopbop TenMarks.com Warehouse Deals Whole Foods Market
Indie Digital Publishing 2-Hour Delivery Unlimited Photo Storage Designer Math Activities Open-Box America’s Healthiest
Made Easy on Everyday Items Free With Prime Fashion Brands for Kids & Schools Discounts Grocery Store

Withoutabox Woot! Zappos Souq.com Subscribe with Amazon

Submit to Deals and Shoes & Shop Online in Discover & try
Film Festivals Shenanigans Clothing the Middle East subscription services
Case 2:18-cv-03932 Document 1-2 Filed 05/10/18 Page 4 of 4 Page ID #:21
Conditions of Use Privacy Notice Interest-Based Ads © 1996-2018, Amazon.com, Inc. or its affiliates