Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
v. COMPLAINT
Defendants.
Plaintiff, Squatty Potty, LLC, by and through its counsel, Gurr Brande & Spendlove,
PLLC, hereby brings this Complaint against the Defendants, Xuzhou MallBoo Network
Technology Co., Ltd., DOES I-X, and ROES I-X, and alleges as follows:
THE PARTIES
with its principal place of business at 1664 S. Dixie Dr., Ste. G-102, Saint George, Utah 84770.
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“MallBoo”) is a Chinese limited liability company with a business address of No. 2, East Third
3. DOES I-X are individuals, who are yet to be discovered whose rights and interests
may be affected herein or who may be liable for the damages set forth herein. Plaintiff reserves
the right to amend its Complaint to name DOES I-X as they are discovered.
4. ROES I-X are legal entities (corporations, limited liability companies, trusts, etc.),
who are yet to be discovered and whose rights and interests may be affected herein or who may
be liable for the damages set forth herein. Plaintiff reserves the right to amend its Complaint to
5. Squatty Potty, LLC (“Plaintiff”), files this design and utility patent infringement
under the patent laws of the United States; for trademark infringement under the trademark laws
of the United States; and for related claims of unfair competition and trade practices under
federal laws and the laws of the state of Utah. This Court has subject matter jurisdiction over the
patent claims under 28 U.S.C. § 1338(a), over the trademark infringement claims under 15
U.S.C. § 1121, over the unfair trade practices and unfair competition claims under 28 U.S.C. §§
1331 and 1338(b), and over the remaining claims under 28 U.S.C. §§ 1338(b) and 1367(a). The
Court also has jurisdiction over this action pursuant to 28 U.S.C. §1332(a).
6. This Court has personal jurisdiction over MallBoo because MallBoo conducts
business throughout the United States and has conducted business within the District of Utah.
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GENERAL ALLEGATIONS
8. Plaintiff is also the owner, by virtue of assignment, of the entire right, title, and
interest in and to U.S. Design Patent D766,604, entitled “Adjustable Toilet Footrest,” which was
filed on March 23, 2016 and granted on September 20, 2016 (hereafter the “‘604 Patent”). (See
Exhibit A).
9. Plaintiff is the owner, by virtue of assignment, of the entire right, title, and interest
in and to U.S. Utility Patent 9,895,036, entitled “Adjustable Toilet Footrest and Method of Use,”
which was filed on May 15, 2015 and granted on February 20, 2018 (hereafter the “‘036
10. Plaintiff is also the owner of three design patents in the United States, each
entitled “Flippable Toilet Footrest”: D840,166 (hereafter the “‘166 Patent”), granted February
12, 2019; D840,167 (hereafter the “‘167 Patent”), granted February 12, 2019; and D842,618
(hereafter the “‘618 Patent”), granted March 12, 2019. The patent certificates for each of these
design patents for the Flippable Toilet Footrest are attached hereto as Exhibit C.
11. Plaintiff has also filed a utility patent application for the Flippable Toilet Footrest
(Application No. 16/198,534), which was published on May 23, 2019 (See Exhibit D).
12. Plaintiff has invested substantial time and resources into developing its product
13. Plaintiff’s Adjustable Toilet Footrest (the subject of the ‘036 and ‘604 Patents)
incorporates various ornamental features as shown in the figures accompanying the ‘604 Patent.
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14. Plaintiff’s Flippable Toilet Footrest (the subject of the ‘166, ‘167, and ‘618
Patents) incorporates various ornamental features as shown in the figures accompanying the
15. Plaintiff is also the owner of a stylized trademark registered with the United
States Patent and Trademark Office (Registration No. 4354138). The mark consists of a stylized
representation of a person sitting on the toilet with his feet resting on a toilet foot stool in front of
him to put him into a 35-degree angle (hereafter the “Trademark”). (See Exhibit E)
17. Plaintiff became aware that MallBoo was selling on Amazon.com a toilet stool
19. The link to the webpage where MallBoo sells the MallBoo Adjustable Stool is:
below:
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20. MallBoo uses the following image in connection with its Amazon listing for the
21. Plaintiff’s counsel reached out to MallBoo through the messaging platform on
Amazon.com and advised the latter that the MallBoo Adjustable Stool infringes the ‘604 Patent
22. MallBoo never responded to Plaintiff’s counsel and continued to sell the
infringing MallBoo Adjustable Stool and to use the Trademark without authorization from
Plaintiff.
23. Plaintiff recently became aware that MallBoo has also been selling on
Amazon.com a toilet stool described as “MallBoo Bamboo Squatting Toilet Stool with Flip
24. The ASIN for the MallBoo Flip Stool is B07SLY64XD and could be purchased
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25. MallBoo also uses a colorable imitation of the Trademark in connection with the
27. Plaintiff is the owner of the ‘604 Patent, which is valid and enforceable.
28. MallBoo has infringed, induced others to infringe, and/or contributed to the
infringement of the ‘604 Patent, and continues to do so by manufacturing, using, offering to sell,
selling within, and importing into the United States, without permission from Plaintiff to do so,
products covered by the ‘604 Patent, including but not limited to the MallBoo Adjustable Stool,
29. A side-by-side comparison of figures from the ‘604 Patent (left) and photos of the
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30. An ordinary observer, given such attention as a purchaser usually gives, would be
deceived by the substantial similarity between the design of the MallBoo Adjustable Stool and
31. Despite being notified of the ‘604 Patent, MallBoo has refused to cease its
infringing activities.
32. MallBoo was aware of the ‘604 Patent at least as early as November 7, 2017.
33. MallBoo’s deliberate and willful actions in infringing the design of Plaintiff’s
‘604 Patent, have caused, and will continue to cause, irreparable harm to Plaintiff unless
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34. MallBoo has also profited from, and continues to profit from, its infringing stool.
result of MallBoo’s willful infringement of the ‘604 patent, pursuant to 35 U.S.C. §§284 and
289.
conduct makes this an exceptional case entitling Plaintiff to an award of attorney’s fees and
costs.
38. Plaintiff is the owner of the entire right, title, and interest in the ‘036 Patent.
39. MallBoo has and continues to manufacture, use, import, distribute, offer to sell,
and/or sell in the United States the MallBoo Adjustable Stool that infringes the ‘036 Patent.
Specifically, the MallBoo Adjustable Stool product infringes at least claim 1 of the ‘036 Patent
literally and/or under the doctrine of equivalents. The MallBoo Adjustable Stool product
infringes claim 1 of the ’036 Patent at least because the MallBoo Adjustable Stool product
40. MallBoo was aware of the ‘036 Patent at least as early as June 27, 2018.
41. MallBoo infringes and will continue to infringe the claim of the ‘036 Patent by
making, using, importing, offering to sell, and/or selling within the United States the MallBoo
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43. MallBoo is, and will continue to be, damaged and irreparably harmed by
MallBoo’s infringement, which will continue unless MallBoo is enjoined by this Court.
45. Plaintiff is the owner of the ‘167 Patent, which is valid and enforceable.
46. MallBoo has infringed, induced others to infringe, and/or contributed to the
infringement of the ‘167 Patent, and continues to do so by manufacturing, using, offering to sell,
selling within, and importing into the United States, without permission from Plaintiff to do so,
products covered by the ‘167 Patent, including but not limited to the MallBoo Flip Stool, in
47. A side-by-side comparison of figures from the ‘167 Patent (left) and photos of the
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48. An ordinary observer, given such attention as a purchaser usually gives, would be
deceived by the substantial similarity between the design of the MallBoo Flip Stool and the
50. MallBoo’s deliberate and willful actions in infringing the design of Plaintiff’s
‘167 Patent, have caused, and will continue to cause, irreparable harm to Plaintiff unless
51. MallBoo has also profited from, and continue to profit from, its infringing stool.
result of MallBoo’s willful infringement of the ‘167 patent, pursuant to 35 U.S.C. §§284 and
289.
conduct makes this an exceptional case entitling Plaintiff to an award of attorney’s fees and
costs.
55. Plaintiff is the owner of the ‘166 Patent, which is valid and enforceable.
56. MallBoo has infringed, induced others to infringe, and/or contributed to the
infringement of the ‘166 Patent, and continues to do so by manufacturing, using, offering to sell,
selling within, and importing into the United States, without permission from Plaintiff to do so,
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products covered by the ‘166 Patent, including but not limited to the MallBoo Flip Stool, in
57. A side-by-side comparison of figures from the ‘166 Patent (left) and photos of the
58. An ordinary observer, given such attention as a purchaser usually gives, would be
deceived by the substantial similarity between the design of the MallBoo Flip Stool and the
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60. MallBoo’s deliberate and willful actions in infringing the design of Plaintiff’s
‘166 Patent, have caused, and will continue to cause, irreparable harm to Plaintiff unless
61. MallBoo has also profited from, and continue to profit from, its infringing stool.
result of MallBoo’s willful infringement of the ‘166 patent, pursuant to 35 U.S.C. §§284 and
289.
conduct makes this an exceptional case entitling Plaintiff to an award of attorney’s fees and
costs.
65. Plaintiff is the owner of the ‘618 Patent, which is valid and enforceable.
66. MallBoo has infringed, induced others to infringe, and/or contributed to the
infringement of the ‘618 Patent, and continues to do so by manufacturing, using, offering to sell,
selling within, and importing into the United States, without permission from Plaintiff to do so,
products covered by the ‘618 Patent, including but not limited to the MallBoo Flip Stool, in
67. A side-by-side comparison of figures from the ‘618 Patent (left) and photos of the
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68. An ordinary observer, given such attention as a purchaser usually gives, would be
deceived by the substantial similarity between the design of the MallBoo Flip Stool and the
70. MallBoo’s deliberate and willful actions in infringing the design of Plaintiff’s
‘618 Patent, have caused, and will continue to cause, irreparable harm to Plaintiff unless
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71. MallBoo has also profited from, and continue to profit from, its infringing stool.
result of MallBoo’s willful infringement of the ‘618 patent, pursuant to 35 U.S.C. §§284 and
289.
conduct makes this an exceptional case entitling Plaintiff to an award of attorney’s fees and
costs.
75. MallBoo has been selling the MallBoo Adjustable Stool and MallBoo Flip Stool
on Amazon.com.
toilet with his feet resting on a toilet foot stool in front of him to put him into a 35-degree angle.
Plaintiff’s Trademark.
78. MallBoo does not have Plaintiff’s consent to use the Trademark.
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79. MallBoo’s use of a representation of a person sitting on the toilet with his feet
resting on a toilet foot stool in front of him to put him into a 35-degree angle is a violation of 15
U.S.C. 1114(1)(a) in that MallBoo has, without the consent of Plaintiff, used in commerce a
reproduction, counterfeit, copy, or colorable imitation of the Trademark in connection with the
sale, offering for sale, distribution, or advertising of goods and services provided by MallBoo.
MallBoo has used the imitation in such a manner as is likely to cause confusion, mistake, or to
deceive.
80. MallBoo’s use of a representation of a person sitting on the toilet with his feet
resting on a toilet foot stool in front of him to put him into a 35-degree angle is a violation of 15
U.S.C. 1114(1)(b) in that the MallBoo has, without the consent of Plaintiff, used in commerce a
reproduction, counterfeit, copy, or colorable imitation of the Trademark and applied such
commerce in connection with the sale, offering for sale, distribution, or advertising of goods and
services provided by MallBoo. MallBoo has used the imitation in such a manner as is likely to
that the imitation was intended to be used to cause confusion, mistake, or to deceive.
82. Plaintiff is entitled to injunctive relief under 15 U.S.C 1116 and recovery of
damages from MallBoo pursuant to 15 U.S.C 1117. Damages recoverable are three times the
actual damages sustained by Plaintiff, MallBoo’s profits, and the costs of the action, together
with Plaintiff’s attorney fees, or in the alternative, damages in such sum as the Court may find to
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connection with MallBoo’s goods or services, used an imitation of the Trademark which
mistake or deceive as to whether Plaintiff has anything to do with the origin, sponsorship, or
85. MallBoo has similarly violated 15 U.S.C. 1125(a) intentionally in that their
nature, characteristics, qualities, and/or geographic origin of their goods, services, or commercial
activities.
86. Plaintiff is entitled to injunctive relief under 15 U.S.C. 1116 and recovery of
damages from MallBoo, pursuant to 15 U.S.C. 1117. Damages include, the actual damages
sustained by the Plaintiff, MallBoo’s profits, and the costs of the action together with Plaintiff’s
reasonable attorney fees. In the alternative, Plaintiff is entitled to recover damages in such sums
as the Court may find just according to the circumstances of the case.
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88. MallBoo’s use of an imitation of the Trademark has caused and continues to
cause dilution of the distinctive quality of the Trademark. MallBoo’s use of an imitation of the
Trademark is a violation of 15 U.S.C. 1125(c), Plaintiff’s mark being distinctive and famous
within the meaning of the statute and MallBoo’s use of and imitation of the Trademark in
commerce having begun after the Trademark became distinctive and famous.
89. MallBoo willfully intended to trade on Plaintiff’s reputation and/or cause dilution
90. Plaintiff is entitled to injunctive relief under 15 U.S.C. 1116 and recovery of
damages from MallBoo, pursuant to 15 U.S.C. 1117(a). Damages recoverable are actual
damages sustained by the Plaintiff, MallBoo’s profits, and the costs of the action together with
Plaintiff’s reasonable attorney fees. In the alternative, Plaintiff is entitled to recover damages in
such sum as the Court may find just according to the circumstances of the case.
92. MallBoo has engaged in unfair competition by intentionally using the Trademark
to trade on Plaintiff’s long-standing and hard-earned goodwill in its name and marks, as well as
in order to confuse consumers as to the origin and sponsorship of MallBoo’s goods and services
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affiliation, connection, or association of MallBoo’s products with Plaintiff, and as to the origin,
94. MallBoo had direct and full knowledge of Plaintiff’s prior use of and rights in the
95. MallBoo’s unlawful and unfair conduct has led to a material diminution of the
damages, as well as the continuing loss of the goodwill and reputation established by Plaintiff in
the Trademark. This continuing loss of goodwill cannot be properly calculated and thus
constitutes irreparable harm and an injury for which Plaintiff has no adequate remedy at law.
98. MallBoo has falsely and intentionally indicated that its products are affiliated with
or sponsored or approved by Plaintiff, in violation of the Utah Consumer Sales Practices Act,
99. MallBoo has falsely and intentionally indicated that MallBoo is affiliated with or
sponsored or approved by Plaintiff, in violation of the Utah Consumer Sales Practices Act, Utah
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affiliation, connection or association of MallBoo and its products with Plaintiff, and as to the
damages, as well as the continuing loss of the goodwill and reputation established by Plaintiff in
its Trademark. This continuing loss of goodwill cannot be properly calculated and thus
constitutes irreparable harm and an injury for which Plaintiff has no adequate remedy at law.
Plaintiff will continue to suffer irreparable harm unless this Court enjoins MallBoo’s conduct.
longstanding and hard-earned goodwill in its name and Trademark and the reputation Plaintiff
established in connection with its products, as well as to confuse consumers as to the origin and
sponsorship of MallBoo’s products and to pass its products off as those of Plaintiff.
104. MallBoo’s unauthorized and tortious conduct has also deprived and will continue
to deprive Plaintiff of the ability to control the consumer perception of its products offered under
Plaintiff’s marks, placing the valuable reputation and goodwill of Plaintiff in the hands of
MallBoo.
affiliation, connection or association of MallBoo and its products with Plaintiff, and as to the
origin, sponsorship or approval of MallBoo and its products, in violation of Utah common law.
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damages, as well as the continuing loss of the goodwill and reputation established by Plaintiff in
the Trademark. This continuing loss of goodwill cannot be properly calculated and thus
constitutes irreparable harm and an injury for which Plaintiff has no adequate remedy at law.
Plaintiff will continue to suffer irreparable harm unless this Court enjoins MallBoo’s conduct.
JURY DEMAND
107. Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff requests
a jury trial of all issues that may be tried to a jury in this action.
MallBoo, its officers, directors, principals, agents, servants, employees, successors and assigns,
and all others aiding, abetting, or acting in concert or active participation therewith, from
making, using, importing, selling or offering for sale, or otherwise distributing any product that
derived and/or related to MallBoo’s infringement of the ‘604, ‘036, ‘167, ‘166, and ‘618 Patents;
4. Find that MallBoo has violated 15 U.S.C. 1114 and preliminarily and
permanently enjoin and restrain MallBoo, its officers, directors, principals, agents, servants,
employees, successors and assigns, and all others aiding, abetting, or acting in concert or active
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goods;
MallBoo’s goods;
names, or logos;
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(c), consisting of MallBoo’s profits, any damages sustained by Plaintiff and the cost of the
action; said amount to be trebled; that the court award Plaintiff its attorney fees; that the court in
the alternative award damages in such amount as the court in its discretion shall find to be just.
6. That the court find that MallBoo has violated 15 U.S.C. 1125(a) and grant
Plaintiff preliminary and permanent injunctive relief together with damages, pursuant to 15
U.S.C. 1117(a)-(c) consisting of MallBoo’s profits, any damages sustained by Plaintiff and the
cost of the action; said amount to be trebled; that the court award Plaintiff its attorney fees; that
the court in the alternative award damages in such amount as the court in its discretion shall find
to be just.
7. That the court find that MallBoo has violated 15 U.S.C. 1125 (c) and grant
Plaintiff preliminary and permanent injunctive relief together with damages, pursuant to 15
U.S.C. 1117(a)-(c) consisting of MallBoo’s profits, any damages sustained by Plaintiff and the
cost of the action; said amount to be trebled; that the court award Plaintiff its attorney fees; that
the court in the alternative award damages in such amount as the court in its discretion shall find
to be just.
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Plaintiff’s patents and (ii) willful and deliberate infringement and/or dilution of the Trademark,
and to deter such conduct in the future, award Plaintiff punitive damages;
awards; and
12. Award Plaintiff such other relief as the Court deems just and proper.
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JS 44 (Rev. 08/18) 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.)
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
GURR BRANDE & SPENDLOVE, PLLC
491 E. RIVERSIDE DR. #4B
ST. GEORGE, UT 84790
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