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14 DISTRICT OF NEVADA
15 ***
16 SUNLIGHTEN, INC., CASE NO.
17 Plaintiff,
COMPLAINT
18 vs.
JURY DEMAND
19 FINNMARK DESIGNS, LLC,
20 Defendant.
21
23 attorneys, files this Complaint against Defendant, Finnmark Designs, LLC ("Defendant" or
25 PARTIES
27 having its principal place of business located at 73 73 West 107th Street, Overland Park, Kansas
28 66212.
2 company with its principle place of business at 6000 S. Eastern A venue, Suite 8B, Las Vegas,
3 Nevada 89119.
5 3. This action arises under the patent laws of the United States, 35 U.S.C. § 1 et seq.,
6 the trademark laws of the United States, 15 U.S.C. § 1051 et seq., and the trademark laws of the
7 State of Nevada.
8 4. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a) and
M 11 6. This Court has personal jurisdiction over Defendant because Defendant is a Nevada
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,<-Ott- 13 State and this District by, among other things, selling or offering for sale infringing devices.
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15 events giving rise to the claims asserted herein occurred in this District, Defendant has committed
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16 acts of infringement in this District, Defendant has a regular and established place of business in
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18 BACKGROUND
20 products and services that enable consumers to improve their quality of life. Through extensive
21 market research, Sunlighten has introduced beautiful and effective saunas and other products.
22 9. Sunlighten is a sauna manufacturer based out of Overland Park, Kansas that focuses
24 10. Sunlighten offers a wide range of sauna solutions for both home and commercial
25 use. Sunlighten separates itself from the competition by focusing on the technology associated
27 11. For years Sunlighten has been one of the top innovators in the development of
28 infrared saunas.
12. Sunlighten's patented Solocarbon® heating technology has been shown to raise the
2 body's core temperature, lower blood pressure and help with weight loss.
3 13. Another major factor that Sunlighten has used to exceed the standards set by their
4 competition is the way they construct their saunas. Each sauna is made to be over 30% thicker
5 than the industry standard while the wood and process that they use to construct them is meant to
6 be environmentally friendly.
7 14. Sunlighten offers some of the top infrared saunas for quality, available options and
8 innovative technology.
10 saunas has resulted in intellectual property protection for its innovations, including utility patents,
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.....:i . ..,l QN 16 and interest in and to U. S. Patent No. D676,972 ("the '972 patent") entitled "Sauna Exterior,"
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....t..l 17 which issued February 26, 2013. A true and correct copy of the '972 patent is attached as Exhibit
18 A.
19 18. Sunlighten also owns all right, title and interest in and to U.S. Patent No. D698,033
20 ("the '033 patent") entitled "Sauna," which issued January 21, 2014. A true and correct copy of
22 19. Sunlighten's saunas covered by the '972 and '033 patents are marketed under the
24 20. Sunlighten has marketed and offered its mPulse saunas under the trademark
25 "Empower" ("Empower saunas") exclusively and continuously since at least as early as March
26 2010.
28
1 22. Sunlighten recently learned that Finnmark has begun advertising for sale on its
4 23. The Infringing Saunas are confusingly similar to Sunlighten's Empower saunas in
6 24. On information and belief, Defendant's selection of the term "Empower" for saunas
7 was calculated to trade off of Sunlighten's reputation, name, and goodwill, and to confuse
8 customers into believing that Defendant's goods are affiliated with Sunlighten.
10 25. Sunlighten incorporates by reference the foregoing allegations as if fully set forth
11 herein.
12 26. The design of the Infringing Saunas is substantially similar to the patented
14 27. On information and belief, Finnmark has committed and is continuing to commit
15 direct acts of infringement of the '972 patent under 35 U.S.C. § 271(a) by making, using, selling,
17 28. Sunlighten has been damaged as a direct result of the infringement of the '972
18 patent.
21 30. Sunlighten is entitled under 35 U.S.C. §§ 284 and 289 to an award of damages
22 adequate to compensate Sunlighten for Finnmark's infringement of the '972 patent. Sunlighten is
23 entitled to in no event less than a reasonable royalty for the infringement and use made of the '972
25 31. On information and belief, Finnmark's past and continuing infringement of the '972
28 284.
4 34. Sunlighten incorporates by reference the foregoing allegations as if fully set forth
5 herein.
6 35. The design of the Infringing Saunas is substantially similar to the patented
8 36. On information and belief, Finnmark has committed and is continuing to commit
9 direct acts of infringement of the '033 patent under 35 U.S.C. § 271(a) by making, using, selling,
11 37. Sunlighten has been damaged as a direct result of the infringement of the '033
12 patent.
15 39. Sunlighten is entitled under 35 U.S.C. §§ 284 and 289 to an award of damages
16 adequate to compensate Sunlighten for Finnmark's infringement of the '033 patent. Sunlighten is
17 entitled to in no event less than a reasonable royalty for the infringement and use made of the '033
19 40. On information and belief, Finnmark's past and continuing infringement of the '033
22 284.
27 43. Sunlighten repeats and incorporates the allegations contained in the preceding
28 paragraphs.
1 44. Finnmark has deliberately and willfully attempted to trade on Sunlighten's long-
2 standing and hard-earned goodwill in its marks, including the Empower mark, and the reputation
3 established by Sunlighten in connection with its saunas in order to confuse consumers as to the
4 origin and sponsorship of Finnmark's goods to pass off its products in commerce as those of
5 Sunlighten.
6 45. Finnmark's unauthorized and tortious conduct has deprived and will continue to
7 deprive Sunlighten of the ability to control the consumer perception of its saunas offered under
8 Sunlighten's marks, placing the valuable reputation and goodwill of Sunlighten in the hands of
9 Defendant.
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16 48. This continuing loss of goodwill cannot be properly calculated and thus constitutes
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18 49. Sunlighten will continue to suffer irreparable harm unless this Court enjoins
21 50. Sunlighten repeats and incorporates the allegations contained in the preceding
22 paragraphs.
23 51. Finnmark has deliberately and willfully attempted to trade on Sunlighten's long-
24 standing and hard-earned goodwill in its distinctive trade dress, which includes vertical side panels
25 separated by a horizontal channel, upper and lower horizontal trim, and a glass door offset to one
27 52. Finnmark has deliberately and willfully attempted to trade on the reputation
28 established by Sunlighten in connection with its saunas in order to confuse consumers as to the
1 origin and sponsorship of Finnmark's goods in order to pass off its products in commerce as those
2 of Sunlighten.
3 53. Finnmark's unauthorized and tortious conduct has deprived and will continue to
4 deprive Sunlighten of the ability to control the consumer perception of its saunas offered under
5 Sunlighten's trade dress, placing the valuable reputation and goodwill of Sunlighten in the hands
6 of Defendant.
9 approval of Defendant and its products, in violation of Section 43 of the Lanham Act, 15 U.S.C. §
10 1125(a).
12 well as the continuing loss of the goodwill and reputation established by Sunlighten in its trade
13 dress.
14 56. This continuing loss of goodwill cannot be properly calculated and thus constitutes
15 irreparable harm and an injury for which Sunlighten has no adequate remedy at law.
16 57. Sunlighten will continue to suffer irreparable harm unless this Court enjoins
20 58. Sunlighten repeats and incorporates the allegations contained in the preceding
21 paragraphs.
23 Empower mark and distinctive trade dress to trade on Sunlighten's long-standing and hard-earned
24 goodwill in its mark and trade dress, as well as in order to confuse consumers as to the origin and
25 sponsorship of Defendant's goods and to pass its products off as those of Sunlighten.
27 affiliation, connection or association of Defendant and its goods with Sunlighten, and as to the
1 61. Finnmark had direct and full knowledge of Sunlighten's prior use of and rights in
2 its mark and trade dress before the acts complained of herein.
3 62. Finnmark's unlawful and unfair conduct has led to a material diminution of the
4 reputation and goodwill established by Sunlighten in its mark and trade dress.
5 63. Finmark has engaged in deceptive trade practices, including, but not limited to as
6 defined by NRS 598.0915(3) by knowingly using the term "Empower" in association with the sale
7 of its saunas.
9 damages, as well as the continuing loss of the goodwill and reputation established by Sunlighten
11 65. This continuing loss of goodwill cannot be properly calculated and thus constitutes
12 irreparable harm and an injury for which Sunlighten has no adequate remedy at law.
15 66. Sunlighten repeats and incorporates the allegations contained in the preceding
16 paragraphs.
17 67. Finnmark has deliberately and willfully attempted to trade on Sunlighten's long
18 standing and hard-earned goodwill in its Empower mark and distinctive trade dress and the
19 reputation Sunlighten established in connection with its saunas, as well as to confuse consumers
20 as to the origin and sponsorship of Finnmark's goods and to pass them off as those of Sunlighten.
21 68. Finnmark's unauthorized and tortious conduct has also deprived and will continue
22 to deprive Sunlighten of the ability to control the consumer perception of its products and offered
23 under Sunlighten's mark, placing the valuable reputation and goodwill of Sunlighten in the hands
24 of Defendants.
27 sponsorship or approval of Defendant and its products in violation of Nevada common law.
28
2 damages, as well as the continuing loss of the goodwill and reputation established by Sunlighten
4 71. This continuing loss of goodwill cannot be properly calculated and thus constitutes
5 irreparable harm and an injury for which Sunlighten has no adequate remedy at law.
6 72. Sunlighten will continue to suffer irreparable harm unless this Court enjoins
7 Finnmark's conduct.
N 11 B. A judgment and order permanently restraining and enjoining Finnmark, its officers,
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13 with or under or through them, from making, using, selling, offering for sale, or importing any systems
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18 directors, agents, servants, employees, attorneys, subsidiaries, affiliates, and all those acting in concert
19 with or under or through them, from making, using, selling, offering for sale, or importing any systems
20 or products that infringe one or more claims of the '033 patent, or otherwise directly or indirectly
23 F. A judgment and order permanently restraining and enjoining Finnmark, its officers,
24 directors, agents, servants, employees, attorneys, subsidiaries, affiliates, and all those acting in concert
25 with or under or through them, from making, using, selling, offering for sale, or importing any systems
26 or products that infringe the Empower trademark, or are otherwise confusingly similar to the
27 Empower trademark;
2 compensate it for Defendant's wrongful infringing acts in accordance with 35 U.S.C. § 284 and 289;
4 times, in view of their willful and deliberate infringement of the '972 and '033 patents;
5 J. A finding in favor of Sunlighten that this is an exceptional case under 35 U.S.C. § 285
6 and an award to Sunlighten its costs, including reasonable attorney's fees and other expenses incurred
9 under 35 U.S.C. § 284 and post-judgment interest under 28 U.S.C. § 1961 on all damages awarded;
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1 R. Such other and further relief as the Court deems just and appropriate.
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EXHIBIT A
EXHIBIT A
Case 2:20-cv-00127 Document 1-1 Filed 01/17/20 Page 2 of 4
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Attorneys alKnown)
(C) Attorneys(hm? Name, Address, and Telephone Number)
Jonathan D. Blum, Esq., Kolesar & Leatham, 400 S. Rampart Blvd.,
Suite 400, Las Vegas, NV 89145 - (702) 362-7800
.
BoxOr Humid
I I. BASIS OF JUR SDICTION (Mace an "X"in One Box Only) 1. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X"in One
Oclendtmt)
(For Oiverstly Cases Only) and One /lox for
PTF DEF PTF DEE
Ti I U.S. Govenunent X3 Federal Question X4
Citizen of This State 0 1 Ti I Incorporated or Principal Place Ti 4
Plaintiff Government Not a Part))
of Business In This State
Statute under which you are fil ing (Dn not cite jurisdictional statutes unless diversity):
Cite the U.S. Civil
35 U.S.C. § 1 et seq.; 15 U.S.C.§ 1051 et seq.; 35 U.S.C. § 283 and 15 U.S.C. § 1116.
V I. CAUSE OF ACTION Brief description of cause:
Patent and Unfair Competition.
DEMAND S CHECK YES only if demanded in complaint:
V II. REQUESTED IN El CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P. JURY DEMAND: j5( Yes ON°
COMPLAINT:
V III. RELATED CASE(S)
(See 111S1ruclions)-
I F ANY JUDGE DOCKET NUMBER