E. Mishan & Sons v. As Seen On PC - Complaint

Case 3:19-cv-01602 Document 1 Filed 10/11/19 Page 1 of 22
UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT
------------------------------------------------------x
E. Mishan & Sons, Inc., : Civil Action No.
:
Plaintiff, :
v. :
:
As Seen On PC, Inc., : JURY TRIAL DEMANDED
:
Defendant. : October 11, 2019
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COMPLAINT
E. Mishan & Sons, Inc. (“Emson” or “Plaintiff”), for its Complaint against As Seen
On PC, Inc. (“As Seen On PC” or “Defendant”) alleges as follows.
Nature of the Action
1. This is an action for (i) copyright infringement arising under the Copyright
Act of 1976, 17 U.S.C. § 1, et seq., and for (ii) patent infringement arising under the
patent laws of the United States, 35 U.S.C. § 1, et seq.
The Parties
2. Emson is a New York corporation organized and existing under the laws
of the State of New York with its principal place of business at 230 Fifth Avenue, Suite
800, New York, New York 10001.
3. On information and belief, As Seen On PC is organized and existing under
the laws of the State of Connecticut with a place of business at 25 Walls Drive, Suite 1-
C, Fairfield, Connecticut 06824.

Jurisdiction and Venue
4. This Court has subject matter jurisdiction over this action pursuant to 28
U.S.C. §§ 1331 and 1338(a). Alternatively, this Court has subject matter jurisdiction
pursuant to 28 U.S.C. § 1332 because Emson and As Seen On PC are citizens of
different states and the matter in controversy exceeds the sum or value of $75,000,
exclusive of interest and costs.
5. This Court has personal jurisdiction over As Seen On PC pursuant to 28
U.S.C. § 1400 because As Seen On PC resides in Connecticut.
6. This Court has personal jurisdiction over As Seen On PC because the
claims asserted herein arose in this judicial district and/or because As Seen On PC
transacts business within this district and has committed infringing acts complained of
hereinafter within this district, because As Seen On PC derives substantial revenue
from interstate commerce and has committed acts of copyright infringement and patent
infringement both within and without this district having injurious consequences within
this district, and As Seen On PC is otherwise within the jurisdiction of this Court. As
Seen On PC has purposely availed itself of this forum by, among other things, offering
to sell and selling, and causing others to use, offering to sell, and selling infringing
products in the State of Connecticut including in this judicial district and deriving
revenue from such activities.
7. Venue in this judicial district is proper under 28 U.S.C. § 1400(a) and (b)
because As Seen On PC has committed acts of infringement in this district, and, on
information and belief, has a regular and established place of business in this district.
2
Statement of Facts
A. Emson’s Bell + Howell Disk Lights
8. Emson is in the business of designing, manufacturing and selling
consumer household products, including outdoor solar powered LED lights which are
sold under the trademark “Bell + Howell Disk Lights”.
9. The Bell + Howell Disk Lights are used in landscapes, along pathways and
on walls, railings or stairs to provide portable light where needed.
10. The Bell + Howell Disk Lights are marketed and sold in different styles,
including a paver stone design (hereinafter “Paver Stone Disk Light”) and a block stone
design (hereinafter “Block Stone Disk Light”), shown below.
Block Stone Disk Light Paver Stone Disk Light
11. Emson sells the Bell + Howell Disk Lights throughout the United States
directly to consumers and to nationwide retailers for resale to consumers.
3
B. Emson’s Copyrights
12. The Block Stone Disk Light design was created for Emson in 2018.
Photographs of the Block Stone Disk Light design are attached as Exhibit A.
13. On or about August 30, 2018, Emson applied to the Register of Copyrights
for a Certificate of Registration for the Block Stone Disk Light work. The Certificate was
duly issued by the Register of Copyrights entitled “Decorative Lawn Sculpture III” with
an effective date of August 30, 2018, and bearing Registration No. VAu 1-328-305. A
true and accurate copy of Registration No. VAu 1-328-305 is attached as Exhibit B.
14. Emson is the sole owner of all rights, title and interest in and to the
copyright in of the Block Stone Disk Light work.
15. The Block Stone Disk Light work is an original creation and constitutes
copyrightable subject matter under the Copyright Act.
16. Emson has duly complied with all relevant requirements of the Copyright
Act with respect to the Block Stone Disk Light work and the certificate of registration
issued in connection with that design is valid and subsisting.
17. The Paver Stone Disk Light work was created for Emson in 2018.
Photographs of the Paver Stone Disk Light work are attached as Exhibit C.
18. On or about August 30, 2018, Emson applied to the Register of Copyrights
for a Certificate of Registration for the Paver Stone Disk Light work. The Certificate was
duly issued by the Register of Copyrights entitled “Decorative Lawn Sculpture IV” with
an effective date of August 30, 2018, and bearing Registration No. VAu 1-328-679. A
true and accurate copy of Registration No. VAu 1-328-679 is attached as Exhibit D.
4
19. Emson is the sole owner of all rights, title and interest in and to the
copyright in the Paver Stone Disk Light work.
20. The Paver Stone Disk Light work is an original creation and constitutes
copyrightable subject matter under the Copyright Act.
21. Emson has duly complied with all relevant requirements of the Copyright
Act with respect to the Paver Stone Disk Light work and the certificate of registration
issued in connection with that design is valid and subsisting.
C. Emson’s Patents
22. United States Design Patent No. D842,523 (“the D’523 Patent”) entitled
“Rock Disk Light” duly and legally issued on March 5, 2019. A true and correct copy of
the D’523 Patent is attached as Exhibit E.
23. Emson is the owner by assignment of all right, title, and interest in the
D’523 Patent.
24. The D’523 Patent claims the ornamental design for a light as shown and
described in seven figures of Exhibit E. Figures 1 and 2 of the D’523 Patent are
reproduced below:
5
25. United States Design Patent No. D842,521 (“the D’521 Patent”) entitled
“Paver Stone Disk Light” duly and legally issued on March 5, 2019. A true and correct
copy of the D’521 Patent is attached as Exhibit F.
26. Emson is the owner by assignment of all right, title, and interest in the
D’521 Patent.
27. The D’521 Patent claims the ornamental design for a light as shown and
described in the seven figures of Exhibit F. Figures 1 and 2 of the D’521 Patent are
reproduced below:
D. Facts Pertaining to Defendant As Seen On PC, Inc.
28. Upon information and belief, Defendant As Seen On PC imports, offers for
sale and sells solar powered LED lights under the trademark “Rockrays.”
29. As Seen On PC’s Rockrays lights are marketed and sold in two styles
under the names “Belgium Block” (hereinafter “Belgium Block Rockrays”) and “Mixed
Stone” (hereinafter “Mixed Stone Rockrays”) (collectively, “Defendant’s Rockrays
Lights”). Photographs of Defendant’s products are shown below:
6
Defendant’s Belgium Block Defendant’s Mixed Stone

Rockrays Light Rockrays Light
30. The Belgium Block Rockrays lights and Mixed Stone Rockrays lights are
offered for sale and sold in this judicial district, and throughout the United States, on at
least websites at the URLs www.groupon.com, www.amazon.com, and
www.overstock.com. True and accurate copies of web pages downloaded from
websites on which the Defendant’s Rockrays Lights are offered for sale are attached
hereto as Exhibit G.
31. Defendant’s Rockrays Lights are distributed and sold in packaging which
bears the “Rockrays” trademark and includes images of the Rockrays lights. Packaging
for Defendant’s Rockrays Lights is shown below.
7
Belgium Block Packaging Mixed Stone Packaging
Defendant’s Rockrays Light Packaging
32. Upon information and belief, As Seen On PC had access to the work
protected by the Block Stone Disk Light copyright well before the creation of the Belgian
Block Rockrays Light. The similarity is so exact as to preclude any possibility that the
Belgian Block Rockrays light was not copied from Emson’s copyrighted Block Stone
Disk Light. Emson’s Block Stone Disk Light and Defendant’s Belgium Rockrays light
are shown side-by-side, below.
8
Emson’s Copyrighted Defendant’s

Block Stone Disk Light Belgium Block Rockrays Light
33. Upon information and belief, As Seen On PC directly or indirectly
manufactured, marketed, imported, distributed and/or sold Belgium Block Rockrays
lights that are identical and/or strikingly similar to, or substantially similar to, the Block
Stone Disk Light copyrighted work.
34. As Seen On PC has infringed and willfully continues to infringe Emson’s
Block Stone Disk Light copyrighted work by deliberately manufacturing, marketing,
importing, distributing, and/or selling Belgium Block Rockrays lights.
protected by the Paver Stone Disk copyright well before the creation of the Mixed Stone
Rockrays light. The similarity is so exact as to preclude any possibility that the Mixed
Stone Rockrays light was not copied from Emson’s copyrighted Paver Stone Disk Light.
Emson’s Paver Stone Light and Defendant’s Mixed Stone Rockrays light are shown
side-by-side, below.
9
Emson’s Copyrighted Defendant’s

Paver Stone Disk Light Mixed Stone Rockrays Light
36. Upon information and belief, As Seen On PC directly or indirectly
manufactured, marketed, imported, distributed and/or sold Mixed Stone Rockrays lights
that are identical and/or strikingly similar to, or substantially similar to, the Paver Stone
Disk Light copyrighted work.
37. As Seen On PC has infringed and willfully continues to infringe Emson’s
Paver Stone Disk Light copyrighted work by deliberately manufacturing, marketing,
importing, distributing, and/or selling Mixed Stone Rockrays lights.
38. Defendant had access to Plaintiff’s Block Stone Disk Light prior to
importing, making, distributing and/or selling the Belgium Block Rockrays light.
39. Defendant had access to Plaintiff’s Paver Stone Disk Light prior to
importing, making, distributing and/or selling the Mixed Stone Rockrays light.
40. Without Plaintiff’s permission and in violation of the Plaintiff’s rights, the
Defendant has caused the reproduction, manufacture, promotion, importation, and/or
sale of the Belgium Block Rockrays light and Mixed Stone Rockrays light that are
10
copied from, derived from, and strikingly similar to and/or substantially similar to
Plaintiff’s registered designs and have infringed upon the Plaintiff’s original copyrighted
works.
41. As a direct and proximate result of Defendant’s acts of infringement,
Emson has suffered damages.
42. Defendant’s acts of infringement have been and continue to be willful.
43. As Seen On PC is not licensed or authorized by Emson to make, sell, offer
to sell, use or import the infringing Belgium Block Rockrays lights or Mixed Stone
Rockrays lights.
COUNT 1
Copyright Infringement (VAu 1-328-305)
44. Emson repeats and re-alleges the allegations of paragraphs 1-43 of this
Complaint as if set forth fully herein.
45. This is a claim for copyright infringement arising under the copyright law of
the United States, 17 U.S.C. § 101 et seq.
protected by Emson’s Block Stone Disk Light copyright before the creation of the
Belgium Block Rockrays light.
47. As Seen On PC has infringed and is now infringing Emson’s copyrighted
work, by directly or indirectly, reproducing, copying, causing or authorizing the
manufacture, manufacturing, importing, distributing, and/or selling without Emson’s
consent, Belgium Block Rockrays lights that are identical, strikingly similar to, or
substantially similar to, and infringing Emson’s Block Stone Disk Light copyright.
11
48. Plaintiff is entitled to recover from the Defendant the damages it has
sustained and will sustain, and any gains, profits, and advantages obtained by the
Defendant, as a result of its acts of infringement as alleged herein.
49. Plaintiff has been damaged by the Defendant’s acts in an amount as yet
unknown, Plaintiff will be irreparably damaged by the continued acts of the Defendant
unless Defendant is enjoined and Plaintiff has no adequate remedy at law.
COUNT 2
Copyright Infringement (VAu 1-328-679)
51. This is a claim for copyright infringement arising under the copyright law of
the United States, 17 U.S.C. § 101 et seq.
protected by Emson’s Paver Stone Disk Light copyright before the creation of the Mixed
Stone Rockrays light.
53. As Seen On PC has infringed and is now infringing Emson’s copyrighted
work, by directly or indirectly, reproducing, copying, causing or authorizing the
manufacture, manufacturing, importing, distributing, and/or selling without Emson’s
consent, Mixed Stone Rockrays lights that are identical, strikingly similar to, or
substantially similar to, and infringing Emson’s Paver Stone Disk Light copyright.
54. Plaintiff is entitled to recover from the Defendant the damages it has
sustained and will sustain, and any gains, profits, and advantages obtained by the
Defendant, as a result of its acts of infringement as alleged herein.

12
55. Plaintiff has been damaged by the Defendant’s acts in an amount as yet
unknown, Plaintiff will be irreparably damaged by the continued acts of the Defendant
unless Defendant is enjoined and Plaintiff has no adequate remedy at law.
COUNT 3
Infringement of U.S. Design Patent No. D842,523
57. The table below compares the figures of the D’523 Patent with the
Belgium Block Rockrays light:
D’523 Patent Defendant’s

Belgium Block Rockrays Light
13
14
58. As Seen On PC has infringed and continues to infringe the D’523 Patent,
in violation of 35 U.S.C. § 271, by importing, offering for sale and selling Belgium Block
Rockrays lights that infringe the D’523 Patent.
59. Emson is entitled to damages for As Seen On PC’s infringement of the
D’523 Patent pursuant to 35 U.S.C. § 284.
60. Emson is entitled to an award of the total profits realized by As Seen On
PC from its infringement of the D’523 Patent pursuant to 35 U.S.C. § 289.
61. As Seen On PC’s infringement of the D’523 Patent has caused and,
unless enjoined and restrained by this Court, will continue to cause, irreparable injury to
Emson that is not fully compensable in monetary damages and for which Emson has no
15
adequate remedy at law. Emson is therefore entitled to preliminary and permanent
injunctions enjoining As Seen On PC from further infringement of the D’523 Patent.
COUNT 4
Infringement of United States Design Patent No. D842,521
63. The table below compares the figures of the D’521 Patent with the Mixed
Stone Rockrays Light:
D’521 Patent Defendant’s

Mixed Stone Rockrays Light
16
17
64. As Seen On PC has infringed and continues to infringe the D’521 Patent,
in violation of 35 U.S.C. § 271, by importing, offering for sale and selling Mixed Stone
Rockrays lights that infringe the D’521 Patent.
65. Emson is entitled to damages for As Seen On PC’s infringement of the
D’521 Patent pursuant to 35 U.S.C. § 284.
66. Emson is entitled to an award of the total profits realized by As Seen On
PC from its infringement of the D’521 Patent pursuant to 35 U.S.C. § 289.
67. As Seen On PC’s infringement of the D’521 Patent has caused and,
unless enjoined and restrained by this Court, will continue to cause, irreparable injury to
Emson that is not fully compensable in monetary damages and for which Emson has no
18
adequate remedy at law. Emson is therefore entitled to preliminary and permanent
injunctions enjoining As Seen On PC from further infringement of the D’521 Patent.
19
PRAYER FOR RELIEF
WHEREFORE, E. Mishan & Sons, Inc. respectfully requests that this Court enter
judgment in its favor, against As Seen On PC, Inc. and grant the following relief:
A. An order adjudging As Seen On PC, Inc. to have willfully

infringed Copyright Registration Nos. VAu 1-328-305 and
VAu 1-328-679 (hereafter the “Emson Copyrights”) pursuant
to 17 U.S.C. § 501;
B. Judgment against As Seen On PC, Inc. for preliminary and

permanent injunctions pursuant to 17 U.S.C. § 502,
enjoining As Seen On PC, Inc. and its officers, agents,
servants, employees, and attorneys, and all other persons in
active concert, privity or participation with any of them from
(a) importing, selling, offering for sale, selling and/or
distributing the products accused of infringing the Emson
Copyrights and any products that are not colorably different
from those products, and (b) from directly or indirectly
infringing the Emson Copyrights;
C. An order requiring As Seen On PC, Inc. to account to Emson

for all gains, profits, and advantages derived by As Seen On
PC, Inc. from its infringement of the Asserted Copyrights or
such damages as are proper, and an award of actual
damages and profits pursuant to 17 U.S.C. § 504(b);
D. At the election of Emson pursuant to 17 U.S.C § 504(c),

statutory damages of at least three hundred thousand dollars
($300,000), which is one-hundred and fifty thousand dollars
($150,000) per copyright, for As Seen On PC, Inc.’s willful
infringement of each of the Emson Copyrights;
E. An order that all material infringing the Emson Copyrights,

including but not limited to Defendant’s Rockrays Lights,
packaging and printed materials, be impounded and
destroyed, pursuant to 17 U.S.C. § 503; and
F. An award of Emson’s costs, reasonable attorneys’ fees, and

disbursements in this action, pursuant to 17 U.S.C. § 505.
G. A judgment that As Seen On PC has infringed and is

infringing each of U.S. Design Patent No. D842,523 and
U.S. Design Patent No. D842,521 (hereafter the “Emson
20
Patents”) under 35 U.S.C. § 271;
H. A judgment awarding damages adequate to compensate

Emson for As Seen On PC, Inc.’s infringement under 35
U.S.C. § 284, including prejudgment and post-judgment
interest, costs, and damages for any post-verdict
infringement occurring prior to entry of a final judgment;
I. A judgment that As Seen On PC, Inc’s infringement of the

Emson Patents has been willful and awarding Emson treble
damages under 35 U.S.C. § 284;
J. A judgment awarding Emson the total profits realized by As

Seen On PC, Inc. from its infringement of the Emson Patents
pursuant to 35 U.S.C. § 289;
K. An order enjoining As Seen On PC, Inc. and its officers,

agents, servants, employees, and attorneys, and all other
persons acting in concert or participation with any of them,
from directly or indirectly infringing the Emson Patents in any
manner; and
L. A judgment that this is an exceptional case under 35 U.S.C.

§ 285 and awarding Emson its reasonable attorney’s fees
and costs.
M. A judgment awarding E. Mishan & Sons, Inc. its costs under

28 U.S.C. § 1920.
N. Such other and further relief as this Court may deem just
and proper.
21
DEMAND FOR JURY TRIAL
Emson hereby demands a trial by jury on all issues so triable.
October 11, 2019 Respectfully submitted,

/s/ John L. Cordani, Jr.
John L. Cordani Jr. (ct28833)
Robinson + Cole LLP
280 Trumbull Street
Hartford, Connecticut 06103
Telephone: (800) 275-8287
Facsimile: (860) 275-8299
Email: jcordani@rc.com
John Zaccaria (To Be Admitted Pro Hac Vice)

Alan Federbush (To Be Admitted Pro Hac Vice)
Brian J. Doyle (To Be Admitted Pro Hac Vice)
Notaro, Michalos & Zaccaria P.C.
100 Dutch Hill Road, Suite 240
Orangeburg, NY 10962
Telephone: (845) 359-7700
Facsimile: (845) 359-7798
Attorneys for Plaintiff

E. Mishan & Sons, Inc.
22
Case 3:19-cv-01602 Document 1-1 Filed 10/11/19 Page 1 of 5
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
https://www.amazon.com/Touch-ECO-RockRays-Outdoor-Lights/dp/B07SS3YGKJ
09.10.2019
https://www.overstock.com/Lighting-Ceiling-Fans/Solar-LED-Rock-Disc-Lights-2-styles/28366340/product.html?
09.10.2019
https://www.groupon.com/deals/gg-cm-touch-of-eco-solar-rockrays-outdoor-led-disk-lights-2-pack-4-pack-8-pack?
utm_campaign=UserReferral_mih&utm_source=undefined&utm_medium=email
16.09.2019
https://www.groupon.com/deals/gg-cm-touch-of-eco-solar-rockrays-outdoor-led-disk-lights-2-pack-4-pack-8-pack?
utm_campaign=UserReferral_mih&utm_source=undefined&utm_medium=email
16.09.2019
JS 44 (Rev. 09/19) 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

E. Mishan & Sons, Inc. As Seen on PC, Inc.
(b) County of Residence of First Listed Plaintiff New York County, NY County of Residence of First Listed Defendant Fairfield County, CT
(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)
John L. Cordani, Jr., Robinson & Cole LLP, 280 Trumbull Street,
Hartford, CT 06103; 860-275-8287
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 Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) (15 USC 1681 or 1692)
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 485 Telephone Consumer
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Protection Act
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 490 Cable/Sat TV
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 850 Securities/Commodities/
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical Exchange
Medical Malpractice Leave Act ’ 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS ’ 891 Agricultural Acts
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 893 Environmental Matters
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 895 Freedom of Information
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 ’ 896 Arbitration
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 899 Administrative Procedure
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION Act/Review or Appeal of
Employment Other: ’ 462 Naturalization Application Agency Decision
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration ’ 950 Constitutionality of
Other ’ 550 Civil Rights Actions State Statutes
’ 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):
17 U.S.C. 101 et seq. & 35 U.S.C. 271
VI. CAUSE OF ACTION Brief description of cause:
Defendant's outdoor solar powered LED lights infringe on Plaintiff's copyrights and patents.
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
10/11/2019 /s/ John L. Cordani, Jr. (ct28833)
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
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Case 3:19-cv-01602 Document 1 Filed 10/11/19 Page 1 of 22

UNITED STATES DISTRICT COURT

On PC, Inc. (“As Seen On PC” or “Defendant”) alleges as follows.

Nature of the Action

patent laws of the United States, 35 U.S.C. § 1, et seq.

800, New York, New York 10001.

3. On information and belief, As Seen On PC is organized and existing under

C, Fairfield, Connecticut 06824.

Jurisdiction and Venue

pursuant to 28 U.S.C. § 1332 because Emson and As Seen On PC are citizens of

exclusive of interest and costs.

5. This Court has personal jurisdiction over As Seen On PC pursuant to 28

U.S.C. § 1400 because As Seen On PC resides in Connecticut.

6. This Court has personal jurisdiction over As Seen On PC because the

hereinafter within this district, because As Seen On PC derives substantial revenue

revenue from such activities.

because As Seen On PC has committed acts of infringement in this district, and, on

A. Emson’s Bell + Howell Disk Lights

8. Emson is in the business of designing, manufacturing and selling

sold under the trademark “Bell + Howell Disk Lights”.

on walls, railings or stairs to provide portable light where needed.

design (hereinafter “Block Stone Disk Light”), shown below.

Block Stone Disk Light Paver Stone Disk Light

directly to consumers and to nationwide retailers for resale to consumers.

copyright in of the Block Stone Disk Light work.

copyrightable subject matter under the Copyright Act.

issued in connection with that design is valid and subsisting.

copyright in the Paver Stone Disk Light work.

copyrightable subject matter under the Copyright Act.

issued in connection with that design is valid and subsisting.

the D’523 Patent is attached as Exhibit E.

copy of the D’521 Patent is attached as Exhibit F.

D. Facts Pertaining to Defendant As Seen On PC, Inc.

Stone” (hereinafter “Mixed Stone Rockrays”) (collectively, “Defendant’s Rockrays

Lights”). Photographs of Defendant’s products are shown below:

Defendant’s Belgium Block Defendant’s Mixed Stone

least websites at the URLs www.groupon.com, www.amazon.com, and

www.overstock.com. True and accurate copies of web pages downloaded from

for Defendant’s Rockrays Lights is shown below.

Belgium Block Packaging Mixed Stone Packaging

Defendant’s Rockrays Light Packaging

are shown side-by-side, below.

Emson’s Copyrighted Defendant’s

33. Upon information and belief, As Seen On PC directly or indirectly

manufactured, marketed, imported, distributed and/or sold Belgium Block Rockrays

Stone Disk Light copyrighted work.

34. As Seen On PC has infringed and willfully continues to infringe Emson’s

Block Stone Disk Light copyrighted work by deliberately manufacturing, marketing,

importing, distributing, and/or selling Belgium Block Rockrays lights.

Emson’s Copyrighted Defendant’s

36. Upon information and belief, As Seen On PC directly or indirectly

Disk Light copyrighted work.

37. As Seen On PC has infringed and willfully continues to infringe Emson’s

Paver Stone Disk Light copyrighted work by deliberately manufacturing, marketing,

importing, distributing, and/or selling Mixed Stone Rockrays lights.

Defendant has caused the reproduction, manufacture, promotion, importation, and/or

41. As a direct and proximate result of Defendant’s acts of infringement,

Emson has suffered damages.

42. Defendant’s acts of infringement have been and continue to be willful.

43. As Seen On PC is not licensed or authorized by Emson to make, sell, offer

Copyright Infringement (VAu 1-328-305)

Complaint as if set forth fully herein.

the United States, 17 U.S.C. § 101 et seq.

U.S.C. § 1400 because As Seen On PC resides in Connecticut.