Gold Crest v. Project Light - Complaint

Case 2:19-cv-06982 Document 1 Filed 08/12/19 Page 1 of 14 Page ID #:1
1 Kyri S. Tsircou (SBN 209905)

Konrad L. Trope (SBN 133214)
2 Tsircou Intellectual Property Law PC
515 S. Flower St. Floor 36
3 Los Angeles, California 90071
Telephone: (323) 660-9916
4 Facsimile: (323) 660-9917
Email: kyri@tsircoulaw.com
5 Email: ktrope@tsircoulaw.com
6 Counsel for Plaintiff Gold Crest, LLC,
a California Limited Liability Company
7
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10 WESTERN DIVISION
11
12 GOLD CREST, LLC, a California ) CASE NO. 2:19-cv-6982
Limited Liability Company, )
13 ) COMPLAINT FOR DAMAGES,
Plaintiff, ) INJUNCTIVE RELIEF, ATTORNEYS’
14 vs. ) FEES AND COSTS FOR:
)
15 PROJECT LIGHT, LLC, an Ohio ) 1. Design Patent Infringement Under 35
Limited Liability Company; and DOES ) U.S.C. § 271 for Design Patent No. US
16 1-10, inclusive; ) D769,512; and
) 2. Design Patent Infringement Under 35
17 Defendants. ) U.S.C. § 271 for Design Patent No. US
) D787,735
18 ) 3. Unfair Competition Under 15 U.S.C.
) §1125
19 )
)
20 ) [JURY TRIAL DEMANDED]
21
22 Plaintiff Gold Crest, LLC (“Plaintiff”, or “Gold Crest”) for its claims against
23 Defendant Project Light, LLC (“Defendant”) respectfully alleges as follows:
24 JURISDICTION AND VENUE
25 1. This is an action for patent infringement arising under the patent laws of
26 the United States, 35 U.S.C. § 271 et seq.
27 2. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331
28 and 1338.
1
COMPLAINT FOR DAMAGES AGAINST PROJECT LIGHT
1 3. This Court has personal jurisdiction over Defendant because Defendant

2 conducts business within the state of California.
3 4. This action arises out of wrongful acts, including advertising, offering for
4 sale, selling and distributing products by Defendant within this judicial district. Venue
5 is proper in this district pursuant to 28 U.S.C. §1391 because the claims asserted arise
6 in this district.
7 THE PARTIES
8 5. Plaintiff Gold Crest, LLC is a limited liability company organized and
9 existing under the laws of the State of California with its principal place of business at
10 650 Ward Drive, Santa Barbara, CA 93111. Gold Crest, LLC is the owner of Design
11 Patent No. US D769,512 (“’512 Design Patent”) and Design Patent No. US D787,735
12 (“’735 Design Patent). A copy of the U.S. Patent and Trademark Office’s Design
13 Patent D769,512 is attached hereto as Exhibit “1”. A copy of the U.S. Patent and
14 Trademark Office’s Design Patent D787,735 is attached hereto as Exhibit “2”.
15 6. Plaintiff is informed and believes and based thereon alleges, that
16 Defendant Project Light, LLC. is an Ohio limited liability company with a principal
17 place of business at 4976 Hudson Drive, Stow, Ohio, 44224. Defendant is a seller of
18 lamps, and lighting products, including the infringing products complained of herein.
19 7. Plaintiff is unaware of the names and true capacities of Defendants,
20 whether individual, corporate and/or partnership entities, named herein as DOES 1
21 through 10, inclusive, and therefore sues them by their fictitious names. Plaintiff will
22 seek leave to amend this complaint when their true names and capacities are
23 ascertained. Plaintiff is informed and believes and based thereon alleges that said
24 Defendant and DOES 1 through 10, inclusive, are in some manner responsible for the
25 wrongs alleged herein, and that at all times referenced each was the agent and servant
26 of the other Defendants and was acting within the course and scope of said agency and
27 employment.
28 8. Plaintiff is informed and believes and based thereon alleges, that at all
2
1 relevant times herein, Defendant and DOES 1 through 10, inclusive, knew or
2 reasonably should have known of the acts and behavior alleged herein and the damages
3 caused thereby, and by their inaction ratified and encouraged such acts and behavior.
4 Plaintiff further alleges that Defendant and DOES 1 through 10, inclusive, have a non-
5 delegable duty to prevent or cause such acts and the behavior described herein, which
6 duty Defendant and DOES 1 through 10, inclusive, failed and/or refused to perform.
7 ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
8 A. Background
9 9. Gold Crest is a well-known and respected company in the lighting and
10 home goods field. Gold Crest is well known for its high quality products, and is
11 sought out as the supplier for a number of high-end hospitality chains and
12 corporations.
13 10. Gold Crest filed the D769,512 design patent on September 8, 2015, and
14 was legally registered by the USPTO on October 16, 2016. Additionally, Gold Crest
15 filed the D787,735 design patent on October 14, 2016, and was legally registered by
16 the USPTO on May 23, 2017. The patents have been in force since that time and
17 continues to be in force.
18 11. As a result of Gold Crest’s substantial advertising and promotional
19 efforts, as well as the high quality of the products associated with the ‘512 Design
20 Patent, and ‘735 Design Patent, these distinctive designs have earned valuable and
21 residual goodwill and reputation for Gold Crest being the sole source of said goods in
22 the United States.
23 B. Defendant’s Infringing Conduct
24 12. Defendant has infringed and continues to infringe on the ‘512 Design
25 Patent, ‘735 Design Patent, or a colorable imitation thereof by using, selling and/or
26 offering to sell in the United States, and/or importing into the United States, infringing
27 products as identified in this Complaint.
28 13. Plaintiff is informed and believes and based thereon alleges, that Plaintiff
3
1 was made aware that in 2017 Defendant had displayed and made offers for sale for a
2 desk lamp that direct infringes on the ‘512 Design Patent, and ‘735 Design Patent, at
3 the 2017 “HD Expo” in Las Vegas, Nevada.
4 14. Below is a comparison of the ‘512 Design Patent, and the infringing
5 product Defendant displayed at the “HD Expo” in Las Vegas, Nevada in 2017:
6
7 Design Pat. No. D769,512 Infringing Product
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
27 product Defendant displayed at the “HD Expo” in Las Vegas, Nevada in 2017
28 ///
4

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 16. Defendant was made aware of their infringing activity in August 2017,
23 and responded through an individual named Mitch Stanley, who claimed that
24 Defendant was his “client” in an August 22, 2017 email. A settlement offer was
25 circulated between parties, but communications were terminated by Defendant.
26 17. In March 2019 a second cease and desist letter was sent to Defendant
27 based on an infringing product being listed on their website under the listing name
28 “D63”.
5
2 product Defendant has displayed for sale on their website at www.projectlightinc.com:
3
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
24 product Defendant had displayed for sale on their website www.projectlightinc.com
25 ///
26 ///
27 ///
28
6

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 20. Defendant has initially responded to the notice of infringement and cease
23 and desist letter, but has since terminated communication.
24 21. An ordinary observer familiar with the prior art would be deceived into
25 thinking that the design of the infringing products was the same as the ‘512 Design
26 Patent, and ‘735 Design Patent.
27 22. Defendant’s actions have been without license or authority of Gold Crest.
28 23. Defendant’s actions have been taken knowingly and willingly.
7
1 24. Defendant has been made aware of their infringing conduct since May 4,
2 2017, and after having initially responded and engaged in settlement negotiations,
3 continued their infringing conduct all the way up and until the present. As such this
4 conduct was knowing and willful.
5 FIRST CLAIM FOR RELIEF
6 [Infringement of ‘512 Design Patent Under 35 U.S.C. § 271
7 Against All Defendants]
8 25. Plaintiff realleges, adopts and incorporates by reference, each and every
9 allegation contained in Paragraphs 1 through 24, inclusive, of this Complaint as though
10 fully set forth herein
11 26. Plaintiff is informed and believes and thereon alleges that Defendant has
12 infringed and continues to infringe the ‘512 Design Patent by manufacturing,
13 distributing, promoting, using, selling and/or offering to sell in the United States,
14 and/or importing into the United States infringing products as identified in this
15 Complaint, which embody the design covered by the ‘512 Design Patent. Defendant’s
16 actions constitute infringement of the ‘512 Design Patent under 35 U.S.C. § 271 and
17 35 U.S.C. § 289.
18 27. Plaintiff is informed and believes and thereon alleges that Defendant’s
19 acts of infringement were and are willful and deliberate.
20 28. Plaintiff is informed and believes and thereon alleges that Defendants,
21 through their agents, employees and servants, have, knowingly, intentionally and
22 willfully directly infringed, engaged in acts of contributory infringement, and/or
23 induced the infringement of the ‘512 Design Patent by directly and/or indirectly
24 making, using, selling, offering for sale and/or importing products into the United
25 States that were covered by the claims of the ‘512 Design Patent.
26 29. Defendants’ acts of infringement of the ‘512 Design Patent were
27 undertaken without permission or license from Plaintiff Gold Crest. Defendants had
28 actual and/or constructive knowledge of the ‘512 Design Patent, and their actions
8
1 constitute willful and intentional infringement of the ‘512 Design Patent.

2 30. As a direct and proximate result of Defendants’ infringement of the ‘512
3 Design Patent, Defendants have derived and received gains, profits, and advantages in
4 an amount not presently known to Plaintiff Gold Crest.
5 31. Accordingly, pursuant to 35 U.S.C. § 289, Plaintiff Gold Crest is entitled
6 to Defendants’ total profits from Defendants’ infringement of the ‘512 Design Patent.
7 32. In addition, pursuant to 35 U.S.C. § 284, Plaintiff Gold Crest is entitled to
8 damages for Defendant’s infringing acts and treble damages together with interest and
9 costs as fixed by this Court.
10 33. Pursuant to 35 U.S.C. § 285, Plaintiff Gold Crest is entitled to reasonable
11 attorneys’ fees and costs for the necessity of bring this action.
12 34. Defendants, and each of them, in performing the conduct complained of
13 herein, acted willfully and with intent to cause injury to Plaintiff Gold Crest.
14 Defendants, and each of them, are therefore guilty of malice and oppression in
15 conscious disregard of Plaintiff Gold Crest’s rights thereby warranting an assessment
16 of punitive damages or exemplary damages or enhanced damages to the extent allowed
17 by law in an amount appropriate to punish Defendants and deter others from engaging
18 in such conduct.
19 35. Defendants have engaged in, continue to engage in, and unless restrained,
20 will continue to engage in the wrongful acts described herein. As a result, Plaintiff
21 will suffer great and irreparable injury, for which damages would not afford adequate
22 relief, in that said damages would not adequately compensate for the injury to Gold
23 Crest’s business operations, reputation, good will, and customer base. Consequently,
24 Defendants’ conduct, if allowed to continue, would inevitably result in the destruction
25 of Plaintiff Gold Crest. Accordingly, Plaintiff Gold Crest is entitled to preliminary and
26 permanent injunctive relief against all Defendants for their misconduct.
27 SECOND CLAIM FOR RELIEF
28 [Infringement of ‘735 Design Patent Under 35 U.S.C. § 271
9

4 fully set forth herein
5 37. Plaintiff is informed and believes and thereon alleges that Defendant has
6 infringed and continues to infringe the ‘735 Design Patent by manufacturing,
7 distributing, promoting, using, selling and/or offering to sell in the United States,
8 and/or importing into the United States infringing products as identified in this
9 Complaint, which embody the design covered by the ‘735 Design Patent. Defendant’s
10 actions constitute infringement of the ‘735 Design Patent under 35 U.S.C. § 271 and
11 35 U.S.C. § 289.
12 38. Plaintiff is informed and believes and thereon alleges that Defendants,
13 through their agents, employees and servants, have, knowingly, intentionally and
14 willfully directly infringed, engaged in acts of contributory infringement, and/or
15 induced the infringement of the ‘512 Design Patent by directly and/or indirectly
16 making, using, selling, offering for sale and/or importing products into the United
17 States that were covered by the claims of the ‘512 Design Patent.
18 39. Defendants’ acts of infringement of the ‘512 Design Patent were
19 undertaken without permission or license from Plaintiff Gold Crest. Defendants had
20 actual and/or constructive knowledge of the ‘512 Design Patent, and their actions
21 constitute willful and intentional infringement of the ‘512 Design Patent.
22 40. As a direct and proximate result of Defendants’ infringement of the ‘512
23 Design Patent, Defendants have derived and received gains, profits, and advantages in
24 an amount not presently known to Plaintiff Gold Crest.
25 41. Accordingly, pursuant to 35 U.S.C. § 289, Plaintiff Gold Crest is entitled
26 to Defendants’ total profits from Defendants’ infringement of the ‘512 Design Patent.
27 42. In addition, pursuant to 35 U.S.C. § 284, Plaintiff Gold Crest is entitled to
28 damages for Defendant’s infringing acts and treble damages together with interest and
10
1 costs as fixed by this Court.

2 43. Pursuant to 35 U.S.C. § 285, Plaintiff Gold Crest is entitled to reasonable
3 attorneys’ fees and costs for the necessity of bring this action.
10 in such conduct.
19 THIRD CLAIM FOR RELIEF
20 [Unfair Competition Under 15 U.S.C. §1125
24 fully set forth herein.
25 47. Defendants’ conduct as described above constitutes illegal passing off,
26 and misappropriation of the trademarks, trade names and/or trade dress of Plaintiff in
27 violation of 15 U.S.C. §1125(a).
28 48. By reason of the foregoing, Plaintiff Gold Crest has been irreparably
11
1 harmed and will continued to be irreparably harmed. Plaintiff is entitled to the

2 remedies provided for in 15 U.S.C. §1116 et seq., including but not limited to,
3 damages, treble damages, injunctive relief, and attorneys’ fees.
10 in such conduct.
19 PRAYER FOR RELIEF
20 WHEREFORE, Plaintiff respectfully request that the Court, upon final hearing
21 of this matter, grant the following relief against Defendant:
22 On the First Claim for Relief:
23 1. A judgment that Defendant has infringed the asserted ‘512 Design Patent;
24 2. An order a judgment permanently enjoining Defendant and its officers,
25 directors, agents, servants, employees, affiliates, attorneys, and all others acting in
26 privity or in concert with them, and their parents, subsidiaries, divisions, predecessors,
27 successors and assigns, from further acts of infringement of the asserted design patent;
28 3. A judgment awarding Plaintiff all damages adequate to compensate for
12
1 Defendant's infringement of the asserted patents, and particularly Defendant's total

2 profits pursuant to 35 U.S.C. § 289;
3 4. A judgment awarding Plaintiff all damages, costs, and interest, including
4 treble damages, based on any infringement found to be willful, pursuant to 35 U.S.C. §
5 284, together with prejudgment interest;
6 5. An accounting of Defendant's profits;
7 6. A judgment declaring this case to be exceptional and awarding Plaintiff
8 their reasonable attorneys’ fees pursuant to 35 U.S.C. § 285; and
9 7. For injunctive relief until trial is completed.
10 On Second Claim for Relief:
11 1. A judgment that Defendant has infringed the asserted ‘735 Design Patent;
12 2. An order a judgment permanently enjoining Defendant and its officers,
13 directors, agents, servants, employees, affiliates, attorneys, and all others acting in
14 privity or in concert with them, and their parents, subsidiaries, divisions, predecessors,
15 successors and assigns, from further acts of infringement of the asserted design patent;
16 3. A judgment awarding Plaintiff all damages adequate to compensate for
17 Defendant's infringement of the asserted patents, and particularly Defendant's total
18 profits pursuant to 35 U.S.C. § 289;
19 4. A judgment awarding Plaintiff all damages, costs, and interest, including
20 treble damages, based on any infringement found to be willful, pursuant to 35 U.S.C. §
21 284, together with prejudgment interest;
22 5. An accounting of Defendant's profits;
23 6. A judgment declaring this case to be exceptional and awarding Plaintiff
24 their reasonable attorneys’ fees pursuant to 35 U.S.C. § 285; and
26 On the Third Claim for Relief:
27 1. For general and special damages to be proven at the time of trial to the
28 extent allowed by law;
13
1 2. For attorneys’ fees and costs to the extent allowed by law;

2 3. For punitive damages or exemplary damages or enhanced damages or
3 treble damages to the extent allowed by law; and
5 Awarding Plaintiff such other and further relief as this Court deems just and
6 proper.
7 DEMAND FOR JURY TRIAL
8 Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff hereby
9 demand a trial by jury as to all claims in this litigation.
10
11 Dated: August 12, 2019 Tsircou Intellectual Property Law
12
13 _______________________________________
Kyriacos S. Tsircou
14 Konrad L. Trope
15 Counsel for Plaintiff Gold Crest, LLC
16
17
18
19
20
21
22
23
24
25
26
27
28
14
Case 2:19-cv-06982 Document 1-1 Filed 08/12/19 Page 1 of 7 Page ID #:15
EXHIBIT "1"
EXHIBIT "2"
USOOD787735S
(12) United States Design Patent (10) Patent No.: US D787,735 S

Edgar et al. (45) Date of Patent: . May 23, 2017
(54) LIGHT ASSEMBLY (56) References Cited
(71) Applicant: Gold Crest LLC, Santa Barbara, CA U.S. PATENT DOCUMENTS
(US) D328,361 S * 7/1992 Paproski ...................... D26, 106
D556,363 S * 11/2007 Komar ... ... D26, 106
(72) Inventors: Roger Edgar, Santa Barbara, CA (US); D618,378 S * 6/2010 Huang ... ... D26/93
Leonardus Josephus van Oord, D639,490 S * 6/2011 Huang ........ D26/93
Voorschoten (NL) D673.321 S * 12/2012 Karkkainen D26/93
D681,865 S * 5/2013 Lee ................. ... D26/93
(73) Assignee: Gold Crest LLC, Santa Barbara, CA D759,290 S * 6/2016 Hsu ... D26/107
D769,512 S * 10/2016 Edgar .......................... D26/107
(US)
* cited by examiner
(**) Term: 15 Years
Primary Examiner — Brian N Vinson
(21) Appl. No.: 29/581,046 (74) Attorney, Agent, or Firm — Tsircou Law, P.C.
(57) CLAM
(22) Filed: Oct. 14, 2016
We claim the ornamental design for a light assembly, as
shown and described.
Related U.S. Application Data DESCRIPTION
(62) Division of application No. 29/538,822, filed on Sep. FIG. 1 a front, left perspective view of of a light assembly
8, 2015, now Pat. No. Des. 769,512.
of the new design.
(51) LOC (10) Cl. ............................................... 26-03 FIG. 2 is a back left perspective of the light assembly of FIG.
(52) U.S. C. 1.
USPC ......................................................... D26/107 FIG. 3 is a left elevational view of the light assembly of FIG.
(58) Field of Classification Search 1; and,
USPC ...... D26/1, 24, 93, 104, 106, 107, 109, 110, FIG. 4 is right elevational view of the light assembly of FIG.
D26/62 1.
CPC ..... F21S 6/00; F21S 6/043; F21S 8/08; F21V The dashed lines depict environmental aspects and form no
21/00; F21V 21/02; F21W 2121/00; part of the claimed design.
F21W 213 1/30
See application file for complete search history. 1 Claim, 3 Drawing Sheets
U.S. Patent May 23, 2017 Sheet 1 of 3 US D787,735 S
FIG. 1
U.S. Patent May 23, 2017 Sheet 2 of 3 US D787.735S
F.G. 3
May 23, 2017 Sheet 3 of 3 US D787,735 s
FIG. 4

Gold Crest v. Project Light - Complaint

Caricato da

Informazioni sul documento

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

Gold Crest v. Project Light - Complaint

Caricato da

Copyright:

Formati disponibili

Case 2:19-cv-06982 Document 1 Filed 08/12/19 Page 1 of 14 Page ID #:1

1 Kyri S. Tsircou (SBN 209905)

1 3. This Court has personal jurisdiction over Defendant because Defendant

1 Design Pat. No. D787,735 Infringing Product

1 Design Pat. No. D787,735 Infringing Product

1 constitute willful and intentional infringement of the ‘512 Design Patent.

1 Against All Defendants]

1 costs as fixed by this Court.

1 harmed and will continued to be irreparably harmed. Plaintiff is entitled to the

1 Defendant's infringement of the asserted patents, and particularly Defendant's total

1 2. For attorneys’ fees and costs to the extent allowed by law;

(12) United States Design Patent (10) Patent No.: US D787,735 S

U.S. Patent May 23, 2017 Sheet 1 of 3 US D787,735 S

U.S. Patent May 23, 2017 Sheet 2 of 3 US D787.735S

May 23, 2017 Sheet 3 of 3 US D787,735 s

Potrebbero piacerti anche