The Neck Hammock v. DFO Global Performance Commerce - Complaint

Case 2:20-cv-00222-NJK Document 1 Filed 01/31/20 Page 1 of 38
1 JAMES D. BOYLE, ESQ.

Nevada Bar No. 08384
2 Email: jboyle@nevadafirm.com
JESSICA M. LUJAN, ESQ.
3 Nevada Bar No. 14913
Email: jlujan@nevadafirm.com
4 HOLLEY DRIGGS WALCH
FINE PUZEY STEIN & THOMPSON
5 400 South Fourth Street, Third Floor
Las Vegas, Nevada 89101
6 Telephone: (702) 791-0308
Facsimile: (702) 791-1912
7
Brian N. Platt (pro hac vice forthcoming)
8 Brent Lorimer (pro hac vice forthcoming)
WORKMAN NYDEGGER
9 60 East South Temple Suite 1000
Salt Lake City, Utah 84111
10 Telephone: (801) 533-9800
Facsimile: (801) 328-1707
11 Email: bplatt@wnlaw.com
blorimer@wnlaw.com
12
Attorneys for Plaintiff The Neck Hammock, Inc.
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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THE NECK HAMMOCK, INC., a Delaware Case No:
16 corporation,
17 Plaintiff,
COMPLAINT
18 vs.
19 DFO Global Performance Commerce JURY DEMANDED

Limited, a Nevada limited liability company,
20 STRONG CURRENT ENTERPRISES,
LIMITED, a business entity of unknown
21 registration, HEALTH AND SOLE, a
business entity of unknown registration, and
22 THINK TECH ENTERPRISES, LTD, a
business entity of unknown registration, and
23 JOHN DOES 1-10,
24 Defendants.
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COMPLAINT - 1
1 Plaintiff The Neck Hammock, Inc. (“Neck Hammock”) complains and alleges as follows
2 against Defendants DFO Global Performance Commerce Limited (“Defendant” or “DFO”),
3 Strong Current Enterprises, Limited (“Strong Current”), Health and Sole, Think Tech Enterprises,
4 Ltd. (“Think Tech”), and John Does 1-10 (doing business as “NecKomfort”).
5 THE NATURE OF THE ACTION
6 1. Dr. Steve Sudell Jr., DPT, ATC (“Dr. Sudell”), is a physical therapist and the
7 founder and President of Neck Hammock.
8 2. While working as a licensed physical therapist, Dr. Sudell repeatedly treated
9 individuals suffering from compression-related neck pain. Based on his years of experience, Dr.
10 Sudell knew that cervical traction almost always provided substantial relief for those suffering
11 from neck pain and was routinely performing cervical traction on his patients during physical
12 therapy sessions. Dr. Sudell wanted his patients to be able to continue experiencing the therapeutic
13 benefits of cervical traction in between their physical therapy sessions and even after their routine
14 physical therapy sessions had ended, but after looking through the array of at-home cervical
15 traction devices available on the market, Dr. Sudell could not with a good conscience recommend
16 any at-home cervical traction device to his patients. All of the products available at that time were
17 either too expensive and too bulky or were cheaply made and ineffective.
18 3. Instead of watching his clients suffer for lack of an adequate replacement for
19 professionally-performed cervical traction, Dr. Sudell invested his time and energy into inventing
20 and developing an economical alternative that was—above all—effective to provide therapeutic
21 cervical traction but that was also comfortable and economically priced. Dr. Sudell coined his
22 inventive portable cervical traction device the Neck Hammock®.
23 4. The ingenious design of the Neck Hammock® (e.g., as shown in Figure 1 below)
24 allows individuals suffering from a variety of conditions, including neck arthritis, a
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COMPLAINT - 2
1 herniated/bulging disc in the neck, pinched nerves, neck strains and cervical muscle spasms to
2 experience therapeutic relief through cervical traction that would normally be administered in the
3 office of a physical therapist.
4
Figure 1
5
9 5. As illustrated in Figure 2 below, the Neck Hammock® includes shock-absorbing

10 cords attached to opposite ends of a sling that cradles the user’s head. The shock-absorbing cords
11 are anchorable to an environmental object, such as a door or railing, and together with the force of
12 gravity, the tension of the cords provides gentle, therapeutic cervical traction to the user.
13
14 Figure 2
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21 6. Used in this way, the Neck Hammock® gradually stretches muscles and ligaments
22 around the vertebrae of the spine, expanding space between vertebrae. In the end, pinched nerves
23 are released, herniated and bulging discs relax as pressure is relieved, and blood circulation
24 improves to the structures of the cervical spine, which may help oxygenate muscles, nerves,
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COMPLAINT - 3
1 tendons and ligaments.
2 7. These, and other health benefits that are enabled by the use of the Neck Hammock®
3 result in this device being categorized as a “medical device” according to the Federal Drug
4 Administration (FDA). Such devices require FDA approval for unencumbered commercialization,
5 and Dr. Sudell abided by the applicable laws and regulations to receive FDA approval of the Neck
6 Hammock® as a medical device.
7 8. On October 24, 2017, Neck Hammock launched a campaign on kickstarter.com,
8 which was fully funded within three hours. By December 1, 2017, Neck Hammock successfully
9 raised $901,058 in its Kickstarter campaign—more than 4,500% over its original goal of $20,000.
10 Neck Hammock had a sister crowdfunding campaign for the Neck Hammock® that they launched
11 on indiegogo.com. This campaign was also extremely successful and fully funded far in advance—
12 for a total $1,642,934 in crowd-sourced, pre-paid orders.
13 9. The revolutionary Neck Hammock® was not only widely received by consumers
14 on crowdfunding websites but in the media as well. The Neck Hammock® was featured on the Dr.
15 Oz Show as one of the best health finds of 2018. The Neck Hammock® received a spotlight article
16 in Forbes and was widely covered by myriad other news and personal health sites.
17 10. However, eager consumers and media outlets were not the only parties interested
18 in the market success of the Neck Hammock®. Unfortunately, after the crowdfunding campaigns
19 launched—but before the successful campaigns had even ended—infringers began copying Neck
20 Hammock’s design and selling cheaply made knock-off products. The Neck Hammock took great
21 care in sourcing the materials and selecting trusted manufacturers that would ensure the production
22 of a consistently safe and reliable product. The shameless copycats that flooded the market in an
23 attempt to ride the coattails of Neck Hammock’s success were not so concerned about functional
24 or safe products and often resulted in mechanical failures and serious consumer injuries when the
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COMPLAINT - 4
1 products were used.
2 11. Neck Hammock was forced to expedite its intellectual property protections to
3 combat the widespread copying of the Neck Hammock® device, branding, and marketing
4 materials. Neck Hammock’s creative achievement resulted in broad intellectual property
5 protection for the Neck Hammock® and associated brand, including utility and design patents,
6 trademarks, and copyright protections. Nevertheless, Neck Hammock’s product innovations have
7 been the subject of widespread copying. Unscrupulous competitors have attempted to capitalize
8 on Neck Hammock’s success by co-opting Neck Hammock’s copyrighted works and patented
9 designs and by misappropriating Neck Hammock’s trademark, including its flagship “Neck
10 Hammock®” mark. To date, over 8,000 unauthorized product listings infringing one or more of
11 Neck Hammock’s intellectual property rights have been removed, but the endless whack-a-mole
12 continues despite Neck Hammock’s efforts to police the marketplace.
13 12. Defendants are some of the principal offenders selling knock-off Neck Hammock®
14 devices, infringing Neck Hammock’s patented designs, misappropriating its trademarks, and in
15 some instances, even blatantly ripping off Neck Hammock’s registered copyrights. Defendants sell
16 their infringing products on eCommerce platforms including https://buyneckomfort.com.
17 13. With this action, Neck Hammock seeks to put a stop to Defendants’ illegal conduct
18 and to obtain compensation for infringement that has occurred thus far.
19 THE PARTIES
20 14. Plaintiff The Neck Hammock, Inc. is a Delaware corporation with a principal place
21 of business at 830 Hill Street, Apt. E, Santa Monica, California. Neck Hammock does business,
22 has customers, and has suffered injury in the District of Nevada.
23 15. Defendant DFO Global Performance Commerce Limited (“Defendant” or “DFO”)
24 is a Nevada limited liability corporation with a registered agent located at 500 N. Rainbow Blvd.,
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COMPLAINT - 5
1 Suite 300 A, Las Vegas, Nevada, 89107, and with a place of business at 260 West 39th Street, Suite
2 202, New York, New York, 10018.
3 16. Defendant Strong Current Enterprises Limited is a business entity of unknown
4 origin. Defendant DFO owns the U.S. Trademark Serial No. 88137806 for “Strong Current” in
5 the field of “advertising and marketing,” and Defendant Strong Current receives payments for the
6 sale of Defendant DFO’s infringing products. On information and belief, Defendant Strong
7 Current is controlled by or is an affiliate of DFO.
8 17. Defendant Health and Sole is a business entity of unknown origin. Defendant
9 purports to maintain a place of business at Think Tech Enterprises LTD., Rm 709B, 7/F, Opulent
10 Building, 402-406 Hennessy Road, Wanchai, Hong Kong. Defendant sells Defendant DFO’s
11 infringing products through its website http://www.healthandsole.com. On information and belief,
12 Defendant Health and Sole is controlled by or is an affiliate of DFO.
13 18. Defendant Think Tech Enterprises, Ltd. is a business entity of unknown origin.
14 Defendant purports to maintain a place of business at Think Tech Enterprises LTD., Rm 709B,
15 7/F, Opulent Building, 402-406 Hennessy Road, Wanchai, Hong Kong. Defendant sells Defendant
16 DFO’s infringing products through its website http://www.healthandsole.com and maintains a
17 business website at https://www.thinktech.global/. On information and belief, Defendant Think
18 Tech is controlled by or is an affiliate of DFO.
19 19. Defendants John Does 1-10 are individuals or entities whose true names and
20 addresses of residence are unknown. Working with DFO and its affiliate/partner defendants,
21 Defendant John Does sell infringing, knock-off Neck Hammock® products on various
22 eCommerce platforms including “buyneckomfort.com” and “healthandsole.com.” At the time of
23 filing, the true names and addresses of Defendants John Does 1-10 could not be discovered with
24 reasonable effort. When the true names and addresses are discovered, and upon leave of this Court,
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COMPLAINT - 6
1 they will be added into the Complaint by amendment.
2 JURISDICTION
3 20. This Court has subject matter jurisdiction under 15 U.S.C. § 1121 (action arising
4 under the Lanham Act); 28 U.S.C. § 1331 (federal question); 28 U.S.C. § 1338(a) (any Act of
5 Congress relating to patents or trademarks); 28 U.S.C. § 1338(b) (action asserting claim of unfair
6 competition joined with a substantial and related claim under the trademark laws); and 28 U.S.C.
7 § 1367 (supplemental jurisdiction).
8 21. This Court has personal jurisdiction over Defendant DFO, Strong Current, Health
9 and Sole, Think Tech, and John Does 1-10 because Defendants have committed and continue to
10 commit acts of infringement in violation of 35 U.S.C. § 271 and 15 U.S.C. §§ 1114 and 1125 in
11 this District, and because each Defendant places infringing products into the stream of commerce
12 with the knowledge or understanding that such products are sold in the State of Nevada and in this
13 District. In addition, the Court has personal jurisdiction because Defendant DFO is a Nevada
14 corporation residing within this district, and because each of these Defendants has participated in
15 a scheme to sell infringing products in this district. The acts by Defendants cause substantial injury
16 to Neck Hammock in this District. On information and belief, Defendants derive substantial
17 revenue from their sale of infringing products within this District, expect their actions to have
18 consequences within this District, and derive substantial revenue from interstate and international
19 commerce directed both to and from this District.
20 VENUE
21 22. Defendants are individuals or entities subject to personal jurisdiction in this
22 District. Venue is proper in this District under 28 U.S.C. § 1391(b) and 28 U.S.C. § 1400(b)
23 because DFO is a resident of this district and because a substantial part of the events giving rise to
24 this claim took place in this District. In addition, Neck Hammock suffered harm in this District
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COMPLAINT - 7
1 and Defendants transact business within this district. Venue is also proper in this district under 28
2 U.S.C. § 1391(b)(3) because certain Defendants are individuals whose names and addresses of
3 residence are unknown that are otherwise subject to personal jurisdiction in this District.
4 Alternatively, upon information and belief, venue is proper in this district as to any Defendant that
5 is a foreign person or corporation otherwise subject to personal jurisdiction in this District.
6 BACKGROUND
7 23. Neck Hammock is a world-leading manufacturer of innovative portable devices
8 designed to offer pain relief, including the cervical traction device designed to offer neck pain
9 relief widely known as the Neck Hammock® cervical traction device. Neck Hammock’s business
10 is dedicated to the development of portable pain relief devices. In its short time providing
11 affordable pain relief devices, Neck Hammock has filled an important niche in the physical therapy
12 market by offering innovative home-solutions to physical health problems.
13 24. Cervical traction generally refers to methods of applying force to relieve neck pain
14 for individuals suffering from various ailments, including neck arthritis, herniated/bulging discs in
15 the neck, pinched nerves, neck strains, or cervical muscle spasms. Cervical traction entails gently
16 urging the head away from the neck, and gradually stretching muscles and ligaments around the
17 vertebrae of the spine and expanding space between vertebrae. Cervical traction may release
18 pinched nerves, relax herniated and bulging discs by relieving pressure, improve blood circulation
19 to the structures for the cervical spine, and help oxygenate muscles, nerves, tendons and ligaments
20 in the head and neck area.
21 25. Traditionally, individuals could only receive cervical traction at a medical facility
22 or office. Such visits were often time-consuming, inconvenient, and costly. Moreover, due to the
23 cost, patients could generally only afford such visits periodically.
24 26. Modern at-home cervical traction devices are available in the market. However,
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COMPLAINT - 8
1 many of these devices are complex, cumbersome, bulky, expensive and potentially unsafe. For
2 example, many home cervical traction devices include headgear which includes straps around the
3 user’s forehead, head, and chin. Such headgear is cumbersome, constricting, and inconvenient; in
4 addition, such products exert stress at the jaw that may lead to or exacerbate temporomandibular
5 disorders. Moreover, many such devices require weights and pulleys to exert tension, which are at
6 the very least bulky, cumbersome, and inconvenient but which are also potentially dangerous.
7 Other similar devices include clamps and brackets for attachment to doors and furniture, which
8 can mar surface finishes and interfere with use of the door or furniture.
9 27. While working as a physical therapist, Dr. Sudell worked with and helped patients
10 experiencing, inter alia, neck pain. Based on his work, Dr. Sudell recognized the need for an easy
11 to use, compact, non-marring, and effective traction device that minimized discomfort and avoided
12 potentially injurious stresses, while remaining an economically feasible option for users.
13 Consequently, Dr. Sudell invented the widely recognized device known as the Neck Hammock®
14 cervical traction device (shown below in Figure 3) and founded the corporation known as “The
15 Neck Hammock.”
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Figure 3
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COMPLAINT - 9
1 28. Neck Hammock has protected its innovative designs through a broad range of
2 intellectual property rights. Among those rights are the patents listed below (the “Neck Hammock
3 Patents”):
4
Patent Number Title
5
10,307,284 (“’284 Patent”) Portable Traction Device with Sling
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D824,035 (“’D035 Patent”) Portable Traction Device
7
8 D845,492 (“’D492 Patent”) Portable Traction Device
9 D845,494 (“’D494 Patent”) Portable Traction Device

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D845,493 (“’D493 Patent”) Portable Traction Device
11
12
29. Neck Hammock obtained a U.S. copyright registration (Registration Number: VA
13
2-090-260) (“’260 Copyright”) to protect the following pictorial and graphic works (the “Neck
14
Hammock Copyright”):
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COMPLAINT - 10
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COMPLAINT - 11
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COMPLAINT - 12
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COMPLAINT - 13
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15 30. Neck Hammock obtained U.S. trademarks related to physical therapy and cervical
16 traction, including the registered trademarks listed below (the “Neck Hammock Trademarks”):
17
Registration Number Trademark
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5,626,795 (“’795 Trademark”) Neck Hammock
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20 5,439,768 (“’768 Trademark”) The Neck Hammock
21 5,557,079 (“’079 Trademark”)
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COMPLAINT - 14
1 31. Rather than innovate and develop their own technology and products, Defendants
2 copied Neck Hammock’s patented technology and designs, and market those infringing designs as
3 “Neck Hammocks” (the “Accused Products”) using the Neck Hammock Trademarks. Defendants
4 sell or advertise the Accused Products online at URLs including:
5 https://www.buyneckomfort.com/
6 https://www.buyneckomfort.com/en/pre-1b.html
7 https://www.healthandsole.com/
8 https://discounts-usa.com/lp/neckhammock.html and others.
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21 (https://discounts-usa.com/lp/neckhammock.html)
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COMPLAINT - 15
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(http://techdiscountzone.com/en/23-insanely-cool-products/)
14
FIRST CAUSE OF ACTION
15 Trademark Infringement
15 U.S.C. § 1114
16
32. Neck Hammock incorporates and realleges each and every allegation in the
17
preceding paragraphs, as if fully set forth herein.
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33. Neck Hammock owns the Neck Hammock Trademarks.
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34. Neck Hammock registered the Neck Hammock Trademarks with the United States
20
Patent and Trademark Office. A true and correct copy of the ’795 Trademark is attached as Exhibit
21
A. A true and correct copy of the ’768 Trademark is attached as Exhibit B. A true and correct copy
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of the ’079 Trademark is attached as Exhibit C.
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35. The Neck Hammock Trademarks are valid and subsisting trademarks in full force
24
and effect.
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COMPLAINT - 16
1 36. Defendants infringe the Neck Hammock Trademarks by advertising products using
2 the Neck Hammock Trademarks and logos, or marks confusingly similar to the Neck Hammock
3 Trademarks and logos, in commerce for products offered for sale at Defendants’ various internet
4 listings, and through referral “landing pages” controlled by or affiliated with Defendants which
5 link to purchase websites controlled by Defendants:
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22 (https://www.buyneckomfort.com/en/pre-1b.html)
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COMPLAINT - 17
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11 (https://www.healthandsole.com/health-and-wellness/neckomfort-hammock.html)
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(https://en.consumersavedaily.com/o-listicle/lp2/index.html)
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COMPLAINT - 18
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(https://discounts-usa.com/lp/index.html)
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24 (Defendants’ Packaging – photograph taken 12/17/2019)
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COMPLAINT - 19
1 37. Defendants’ unauthorized use of the Neck Hammock Trademarks is likely to cause
2 confusion, to cause mistake, or to deceive the consumer as to the affiliation, connection, or
3 association of Defendant’s knock-off products with Neck Hammock, or as to the origin, or
4 approval by Neck Hammock of Defendants’ goods, services, or commercial activities, in violation
5 of 15 U.S.C. § 1114(a).
6 38. Defendants’ unauthorized use of the Neck Hammock Trademarks enables
7 Defendants to benefit unfairly from Neck Hammock’s reputation and success, thereby giving
8 Defendants infringing product sales and commercial value they would not have otherwise
9 received.
10 39. Defendants’ unauthorized use of the Neck Hammock Trademarks has been and
11 continues to be intentional, willful, and without regard to Neck Hammock’s rights.
12 40. Defendants have gained profits by virtue of their infringement of the Neck
13 Hammock Trademarks.
14 41. Neck Hammock is suffering irreparable harm from Defendants’ infringement of the
15 Neck Hammock Trademarks insofar as Neck Hammock’s good will is being eroded by
16 Defendants’ continued infringement. Neck Hammock has no adequate remedy at law to
17 compensate it for the loss of business reputation, customers, market position, confusion of
18 potential customers, and goodwill flowing from Defendants’ infringing activities. Pursuant to 15
19 U.S.C. § 1116, Neck Hammock is entitled to an injunction against Defendants’ continuing
20 infringement of the Neck Hammock Trademarks.
21 42. Because Defendants’ actions have been committed with intent to damage Neck
22 Hammock and to confuse and deceive the public, Neck Hammock is entitled to treble its actual
23 damages or Defendants’ profits, whichever is greater, and to an award of costs and, this being an
24 exceptional case, reasonable attorneys’ fees pursuant to 15 U.S.C. § 1117(a) and 1117(b).
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COMPLAINT - 20
1 SECOND CAUSE OF ACTION

Unfair Competition
2 15 U.S.C. § 1125(a)
3 43. Neck Hammock incorporates and realleges each and every allegation in the
4 preceding paragraphs, as if fully set forth herein.
5 44. Neck Hammock owns the Neck Hammock Trademarks.
6 45. Neck Hammock registered the Neck Hammock Trademarks with the United States
7 Patent and Trademark Office.
8 46. The Neck Hammock Trademarks are valid and subsisting trademarks in full force
9 and effect.
10 47. Defendants infringe the Neck Hammock Trademarks by advertising products using
11 the Neck Hammock Trademarks, or marks confusingly similar to the Neck Hammock Trademarks,
12 in commerce for products for sale at Defendants’ web listings.
13 48. Defendants’ unauthorized use of the Neck Hammock Trademarks is likely to cause
14 confusion, to cause mistake, or to deceive the consumer as to the affiliation, connection, or
15 association of Defendant’s knock-off products with Neck Hammock, or as to the origin, or
16 approval by Neck Hammock of Defendants’ goods, services, or commercial activities, in violation
17 of 15 U.S.C. § 1125(a).
18 49. Defendants’ unauthorized use of the Neck Hammock Trademarks enables
19 Defendants to benefit unfairly from Neck Hammock’s reputation and success, thereby giving
20 Defendants infringing product sales and commercial value they would not have otherwise
21 received, in violation of 15 U.S.C. § 1125(a).
22 50. Defendants’ unauthorized use of the Neck Hammock Trademarks as described
23 herein has been and continues to be intentional, willful, and without regard to Neck Hammock’s
24 rights.
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COMPLAINT - 21
1 51. Neck Hammock is suffering irreparable harm from Defendants’ infringement of the
2 Neck Hammock Trademarks insofar as Neck Hammock’s good will is being eroded by
3 Defendants’ continued infringement. Neck Hammock has no adequate remedy at law to
4 compensate it for the loss of business reputation, customers, market position, confusion of
5 potential customers, and goodwill flowing from Defendants’ infringing activities. Pursuant to 15
6 U.S.C. § 1116, Neck Hammock is entitled to an injunction against Defendants’ continuing
7 infringement of the Neck Hammock Trademarks.
8 52. Because Defendants’ actions have been committed with intent to damage Neck
9 Hammock and to confuse and deceive the public, Neck Hammock is entitled to treble its actual
10 damages or Defendants’ profits, whichever is greater, and to an award of costs and, this being an
11 exceptional case, reasonable attorneys’ fees pursuant to 15 U.S.C. § 1117(a) and 1117(b).
12 THIRD CLAIM FOR RELIEF

Infringement of the ’260 Copyright
13 17 U.S.C. § 106 et seq
14 53. Neck Hammock incorporates and realleges paragraphs 1 through 54 of the
15 Complaint, as if fully set forth herein.
16 54. On January 7, 2018, United States Copyright Registration No. VA 2-090-260 was
17 duly and legally issued by the United States Copyright Office. A true and correct copy of the ’260
18 Copyright is attached as Exhibit D.
19 55. Neck Hammock is the owner of the ’260 Copyright.
20 56. Defendant DFO and its affiliate “https://discounts-usa.com/” have made and used
21 unauthorized reproductions of Neck Hammock’s original works, which are the subject of the ’260
22 Copyright, as shown below.
23 //
24 //
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COMPLAINT - 22
1 U.S. Copyright No. VA 2-090-260 DFO’s Discounts-USA Website
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16 57. Defendant DFO and its affiliate did not even remove the Neck Hammock logo from
17 the misappropriated images, which are the subject of the ’260 Copyright.
18 58. Defendant DFO and its affiliate produced, reproduced, and/or prepared
19 reproductions of Neck Hammock’s protected works without Neck Hammock’s consent.
20 Defendants’ acts of direct infringement and contributory infringement violate Neck Hammock’s
21 exclusive rights under the Copyright Act, 17 U.S.C. §§ 106 and 501, including its exclusive rights
22 to produce, reproduce, and distribute copies of its work, to create derivative works, and to publicly
23 display its work.
24 59. Infringement by Defendant DFO and its affiliate has been undertaken willfully with
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COMPLAINT - 23
1 the intent to financially gain from Neck Hammock’s copyrighted work. Accordingly, Defendants
2 have infringed Neck Hammock’s copyrighted work.
3 60. Because of Defendants’ infringing acts, Neck Hammock is entitled to its actual
4 and/or statutory damages, and Defendants’ profits attributable to the infringement in an amount to
5 be proved at trial, together with all other relief allowed under the Copyright Act.
6 61. Because of Defendants’ willful infringement, Neck Hammock is entitled to
7 increased damages pursuant to 17 U.S.C. § 504(c)(2).
8 62. Defendants’ infringement has caused and continues to cause irreparable harm to
9 Neck Hammock, for which it has no adequate remedy at law. Unless this Court restrains
10 Defendants from infringing Neck Hammock’s protected work, the harm will continue to occur in
11 the future. Accordingly, Neck Hammock is entitled to an injunction.
12 FOURTH CAUSE OF ACTION

Infringement of the ’284 Patent
13 35 U.S.C. § 271
16 1. On June 14, 2018, United States Patent No. 10,307,284 was duly and legally issued
17 by the United States Patent and Trademark Office for an invention entitled “Portable Traction
18 Device with Sling.” A true and correct copy of the ’284 Patent is attached as Exhibit E.
19 64. Neck Hammock is the owner of the ’284 Patent.
20 65. Defendants have each infringed one or more claims of the ’284 Patent under 35
21 U.S.C. § 271(a) by, among other things, offering for sale, selling, importing, and/or distributing
22 the Accused Products in the United States.
23 66. The Accused Products include “a sling assembly” as required by claim 1 of the ’284
24 Patent, the “sling comprising flexible material and having a first side, a second side opposite the
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COMPLAINT - 24
1 first side, a superior edge, and an inferior edge,” as required by claim 1 of the ’284 Patent.
2 Superior Edge
3 Second Side
First Side
4 Flexible
5
Material
10 Inferior Edge
11 Accused Product
(https://www.buyneckomfort.com/en/pre-1b.html)
12
67. The Accused Products include “the sling being elongated and sized to cradle and
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engage an occipital bone portion of a user’s head via at least a frictional portion of the sling
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disposed between the superior edge and the inferior edge of the sling when the first side extends
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to a first side of the user’s head and the second side extends to a second side of the user’s head,”
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as required by claim 1 of the ’284 Patent.
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COMPLAINT - 25
4
Frictional
5 Elongated and portion
sized to cradle and
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engage an occipital
7 bone.
9 Accused Product
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68. The Accused Products include “a base cushion attached to the sling between the
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superior edge and the inferior edge and approximately centered between the first and second sides
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of the sling,” as required by claim 1 of the ’284 Patent.
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Base Cushion
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Accused Product
21 69. The Accused Products include “a first side cushion disposed between the base
22 cushion and the and the first side of the sling,” and “a second side cushion disposed between the
23 base cushion and the second side of the sling,” as required by claim 1 of the ’284 Patent.
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COMPLAINT - 26
7 First Side Second Side

Cushion Cushion
8
Accused Product
10 70. The Accused Products include “a pair of side attachments comprising a first side
11 attachment extending from the first side of the sling and a second side attachment extending from
12 the second side of the sling,” as required by claim 1 of the ’284 Patent.
13
14
15
16
17
18
19
First Side Second Side
20
Attachment Attachment
21 Accused Product
22
71. The Accused Products include “flexible elastic tethers operable to selectively attach
23
to the pair of side attachments via first ends of the flexible elastic tethers,” as required by claim 1
24
of the ’284 Patent.
25
COMPLAINT - 27
1 Flexible Elastic Tethers

2
10
Accused Product
11
12
72. The Accused Products include “an anchor operable to selectively attach to the sling
13
and to an anchoring object, wherein the anchor comprises: an anchor tab; an anchor connector
14
operable to selectively attach to second ends of the flexible elastic tethers; and an anchor strap
15
disposed between and connecting the anchor tab and the anchor connector.” as required by claim
16
1 of the ’284 Patent.
17
//
18
//
19
//
20
//
21
//
22
//
23
//
24
//
25
COMPLAINT - 28
6
Anchor Tab
7
10
11
Anchor Strap
12
Anchor Connector
13
14
15 Accused Product
16
73. Defendants have infringed at least claim 1 of the ’284 Patent and one or more
17
additional claims of the ’284 Patent under 35 U.S.C. § 271 by offering for sale, selling, importing,
18
and/or distributing the Accused Products in the United States.
19
74. Defendants have willfully infringed the ’284 Patent with knowledge of the ’284
20
Patent or were willfully blind to the patent and the risk of infringement.
21
75. Defendants’ infringement of the ’284 Patent has caused and continues to cause
22
damages to Neck Hammock.
23
76. As a result of the Defendants’ infringement, Neck Hammock has been damaged
24
and is entitled to damages, costs, and attorneys’ fees, in an amount to be proven at trial.
25
COMPLAINT - 29
1 77. Defendants’ infringement of the ’284 Patent has caused and continues to cause
2 irreparable harm to Neck Hammock.
3 78. As a result of the Defendants’ past and ongoing infringement, Neck Hammock is
4 entitled to injunctive relief.
5 FIFTH CAUSE OF ACTION

Infringement of the ’D035 Patent
6 35 U.S.C. § 271
9 80. On July 24, 2018, United States Design Patent No. D824,035 was duly and legally
10 issued by the United States Patent and Trademark Office. A true and correct copy of the ’D035
11 Patent is attached as Exhibit F.
12 81. Neck Hammock is the owner of the ’D035 Patent.
13 82. Defendants have infringed and continue to infringe the ’D035 Patent by using,
14 selling and/or offering to sell in the United States, and/or importing into the United States one or
15 more of the Accused Products identified in this Complaint, such that an ordinary observer, familiar
16 with the prior art, would be deceived into thinking that the accused design was the same as the
17 patented design, as detailed below.
18 U.S. Patent No. D842,035 Accused Product
19
20
21
22
23
24
25
COMPLAINT - 30
5
83. Defendants have willfully infringed the ’D035 Patent with knowledge of the ’D035
6
7
84. Defendants’ infringement of the ’D035 Patent has caused and continues to cause
8
9
10
11
12
irreparable harm to Neck Hammock.
13
87. As a result of the Defendants’ past and ongoing infringement, Neck Hammock is
14
entitled to injunctive relief.
15
SIXTH CAUSE OF ACTION
16 Infringement of the ’D492 Patent
35 U.S.C. § 271
17
18
19
89. On April 9, 2019, United States Design Patent No. D824,492 was duly and legally
20
issued by the United States Patent and Trademark Office. A true and correct copy of the ’D492
21
Patent is attached as Exhibit G.
22
90. Neck Hammock is the owner of the ’D492 Patent.
23
91. Defendants have infringed and continue to infringe the ’D492 Patent by using,
24
selling and/or offering to sell in the United States, and/or importing into the United States one or
25
COMPLAINT - 31
9
10
11
12
14
15
16
17
18
19
20
21
22
23
24
25
COMPLAINT - 32
1 SEVENTH CAUSE OF ACTION

Infringement of the ’D494 Patent
2 35 U.S.C. § 271
5 98. On April 9, 2019, United States Design Patent No. D824,494 was duly and legally
6 issued by the United States Patent and Trademark Office. A true and correct copy of the ’D494
7 Patent is attached as Exhibit H.
8 99. Neck Hammock is the owner of the ’D494 Patent.
9 100. Defendants have infringed and continue to infringe the ’D494 Patent by using,
10 selling and/or offering to sell in the United States, and/or importing into the United States one or
15
16
17
18
19
20
21
22
23
24
25
COMPLAINT - 33
1
2
3
4
5
6
7
8
9
10
11
EIGHTH CAUSE OF ACTION
12 Infringement of the ’D493 Patent
35 U.S.C. § 271
13
14
15
107. On April 9, 2019, United States Design Patent No. D824,493 was duly and legally
16
issued by the United States Patent and Trademark Office. A true and correct copy of the ’D493
17
Patent is attached as Exhibit I.
18
108. Neck Hammock is the owner of the ’D493 Patent.
19
109. Defendants have infringed and continue to infringe the ’D493 Patent by using,
20
selling and/or offering to sell in the United States, and/or importing into the United States one or
21
more of the Accused Products identified in this Complaint, such that an ordinary observer, familiar
22
with the prior art, would be deceived into thinking that the accused design was the same as the
23
patented design, as detailed below.
24
25
COMPLAINT - 34
7
Accused Product Photo (12/17/2019)
8
9 110. Defendants have willfully infringed the ’D493 Patent with knowledge of the ’D493
10 Patent or were willfully blind to the patent and the risk of infringement.
11 111. Defendants’ infringement of the ’D493 Patent has caused and continues to cause
12 damages to Neck Hammock.
13 112. As a result of the Defendants’ infringement, Neck Hammock has been damaged
14 and is entitled to damages, costs, and attorneys’ fees, in an amount to be proven at trial.
15 113. Defendants’ infringement of the ’D493 Patent has caused and continues to cause
16 irreparable harm to Neck Hammock.
17 114. As a result of the Defendants’ past and ongoing infringement, Neck Hammock is
18 entitled to injunctive relief.
19 PRAYER FOR RELIEF
20 Wherefore, Neck Hammock respectfully prays that the Court enter judgment in its favor
21 and award the following relief against Defendants:
22 A. A judgment in favor of Neck Hammock that Defendants infringed the registered
23 Neck Hammock Trademarks;
24 B. A judgment in favor of Neck Hammock that Defendants willfully infringed the
25
COMPLAINT - 35
1 Neck Hammock Trademarks;
2 C. A judgment in favor of Neck Hammock that Defendants engaged in unfair
3 competition and unfair trade practices in violation of 15 U.S.C. § 1125.
4 D. An order and judgment enjoining Defendants and its officers, directors, employees,
5 agents, licensees, representatives, affiliates, related companies, servants, successors and assigns,
6 and any and all persons acting in privity or in concert with any of them, from infringing the
7 registered Neck Hammock Trademarks; from passing off Defendants’ products as associated with
8 or sponsored or affiliated with Neck Hammock; for the destruction of any infringing articles; and
9 for reasonable funds for corrective advertising to correct Defendants’ misleading association with
10 Neck Hammock;
11 E. A judgment awarding Neck Hammock damages in an amount to be determined at
12 trial, an accounting of Defendants’ profits, and costs of the action pursuant to 15 U.S.C. § 1117.
13 F. Any other remedy to which Neck Hammock may be entitled, including all remedies
14 provided for in 15 U.S.C. § 1117 et seq.
15 G. A judgment in favor of Neck Hammock that Defendants infringed one or more
16 claims of each of the Neck Hammock Patents;
17 H. A judgment in favor of Neck Hammock that Defendants willfully infringed each of
18 the Neck Hammock Patents;
19 I. An order and judgment enjoining Defendants and its officers, directors, employees,
20 agents, licensees, representatives, affiliates, related companies, servants, successors and assigns,
21 and any and all persons acting in privity or in concert with any of them, from further acts of
22 infringement of the Neck Hammock Patents;
23 J. A judgment awarding Neck Hammock damages for infringement of the Neck
24 Hammock Patents pursuant to 35 U.S.C. § 284, together with prejudgment interest;
25
COMPLAINT - 36
1 K. A judgment trebling damages pursuant to 15 U.S.C. § 1117 and 35 U.S.C. § 284;
2 L. A judgment that this is an exceptional case, pursuant to 15 U.S.C. § 1117 and 35
3 U.S.C. § 285, together with an award of Plaintiff’s reasonable attorneys’ fees.
4 M. A judgment in favor of Neck Hammock that Defendant DFO has infringed the
5 registered Neck Hammock Copyright;
6 N. A judgment in favor of Neck Hammock that Defendant DFO’s infringement of the
7 registered Neck Hammock Copyright has been willful;
8 O. A judgment in favor of Neck Hammock that Neck Hammock is entitled to its actual
9 and/or statutory damages, and Defendants DFO’s profits attributable to the infringement of the
10 Neck Hammock Copyright, in an amount to be proved at trial;
11 P. A judgment in favor of Neck Hammock that Neck Hammock is entitled to increased
12 damages pursuant to 17 U.S.C. § 504(c)(2) due to Defendants DFO’s willful infringement;
13 Q. An order and judgment enjoining Defendant DFO and its officers, directors,
14 employees, agents, licensees, representatives, affiliates, related companies, servants, successors
15 and assigns, and any and all persons acting in privity or in concert with any of them, from
16 infringing the registered Neck Hammock Copyright;
17 R. Any other relief the Court deems just and proper under all the circumstances.
18 ///
19 ///
20 ///
21 ///
22 ///
23 ///
24 ///
25
COMPLAINT - 37
1 Demand for Trial by Jury
2 Neck Hammock demands a jury trial on all matters triable to a jury pursuant to Fed. R. Civ.
3 P. 38.
4 DATED this 31st day of January, 2020.
5
HOLLEY DRIGGS WALCH FINE
6 PUZEY STEIN & THOMPSON
7
/s/ James D. Boyle
8 JAMES D. BOYLE, ESQ. (Bar No. 08384)
jboyle@nevadafirm.com
9 JESSICA M. LUJAN, ESQ.
Nevada Bar No. 14913
10 400 South Fourth Street, Third Floor
11
WORKMAN | NYDEGGER
12
BRENT P. LORIMER (PHV Forthcoming)
13 blorimer@wnlaw.com
BRIAN N. PLATT (PHV Forthcoming)1
14 bplatt@wnlaw.com
60 East South Temple, Suite 1000
15 Salt Lake City, Utah 84111
16 Counsel for Plaintiff The Neck Hammock, Inc.
17
18
19
20
21
22
23
1
24 Mr. Platt and Mr. Lorimer will comply with the requirements of LR IA 11-2 within twenty-one (21) days of filing
this Complaint.
25
COMPLAINT - 38
Case 2:20-cv-00222-NJK Document 1-1 Filed 01/31/20 Page 1 of 3
JS 44 (Rev. 06/17) 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

The Neck Hammock, Inc., a Delaware corporation DFO Global Performance Commerce Limited, a Nevada LLC; Strong
Current Enterprises, Limited, unknown registration; Health and Sole,
unknown registration; Think Tech Enterprises, LTD, unknown reg.
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(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)
(see attached)
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) ’ 490 Cable/Sat TV
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 850 Securities/Commodities/
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Exchange
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 890 Other Statutory Actions
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 893 Environmental Matters
Medical Malpractice Leave Act ’ 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS Act
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 899 Administrative Procedure
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes
Employment Other: ’ 462 Naturalization Application
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
Other ’ 550 Civil Rights Actions
’ 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):
35 U.S.C. § 271; 17 U.S.C. § 106 et seq.; 15 U.S.C. § 1125(a); 15 U.S.C. § 1114
VI. CAUSE OF ACTION Brief description of cause:
Patent infringement, trademark infringement, copyright infringement, unfair competition; injunctive relief/damages
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
January 31, 2020 /s/James D. Boyle
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
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Lead Counsel (pro hac vice applications forthcoming):
Brent P. Lorimer, Esq. (UBN 3731)

Brian N. Platt, Esq. (UBN 17099)
WORKMAN | NYDEGGER
60 East South Temple, Suite 1000
Salt Lake City, Utah 84111
Telephone: (801) 533-9800
Local Counsel:
James D. Boyle, Esq. (NBN 08384)

Jessica M. Lujan, Esq. (NBN 14913)
HOLLEY DRIGGS WALCH

400 South Fourth Street, Third Floor
JS 44 Reverse (Rev. 06/17) Case 2:20-cv-00222-NJK Document 1-1 Filed 01/31/20 Page 3 of 3
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
AO 440 (Rev. 06/12) Summons in a Civil Action

for the
District
__________ of Nevada
District of __________
The Neck Hammock, Inc., a Delaware corporation )

)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
DFO Global Performance Commerce Limited, a )
Nevada LLC; Strong Current Enterprises, Limited, )
unknown registration; Health and Sole, unknown )
regist.; Think Tech Enterprises, LTD, unknown regist. )
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) DFO Global Performance Commerce Limited
500 N. Rainbow Blvd., Suite 300 A,
Las Vegas, Nevada, 89107
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: James D. Boyle, Esq.
HOLLEY DRIGGS WALCH
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:


for the
District

)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
Defendant(s) )
To: (Defendant’s name and address) Health and Sole

Think Tech Enterprises LTD., Rm 709B, 7/F,
Opulent Building, 402-406 Hennessy Road,
Wanchai, Hong Kong
HOLLEY DRIGGS WALCH
CLERK OF COURT
Date:
Civil Action No.
PROOF OF SERVICE


on (date) ; or

on (date) ; or
.
Date:
Server’s address


for the
District

)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
Defendant(s) )
To: (Defendant’s name and address) Strong Current Enterprises Limited

DFO Global Performance Commerce Limited
500 N. Rainbow Blvd., Suite 300 A,
Las Vegas, Nevada, 89107
HOLLEY DRIGGS WALCH
CLERK OF COURT
Date:
Civil Action No.
PROOF OF SERVICE


on (date) ; or

on (date) ; or
.
Date:
Server’s address


for the
District

)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
Defendant(s) )
To: (Defendant’s name and address) Think Tech Enterprises LTD., Rm 709B, 7/F,
Opulent Building, 402-406 Hennessy Road,
Wanchai, Hong Kong
HOLLEY DRIGGS WALCH
CLERK OF COURT
Date:
Civil Action No.
PROOF OF SERVICE


on (date) ; or

on (date) ; or
.
Date:
Server’s address

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Case 2:20-cv-00222-NJK Document 1 Filed 01/31/20 Page 1 of 38

1 JAMES D. BOYLE, ESQ.

19 DFO Global Performance Commerce JURY DEMANDED

2 against Defendants DFO Global Performance Commerce Limited (“Defendant” or “DFO”),

5 THE NATURE OF THE ACTION

7 founder and President of Neck Hammock.

8 2. While working as a licensed physical therapist, Dr. Sudell repeatedly treated

20 and developing an economical alternative that was—above all—effective to provide therapeutic

22 inventive portable cervical traction device the Neck Hammock®.

24 allows individuals suffering from a variety of conditions, including neck arthritis, a

3 office of a physical therapist.

9 5. As illustrated in Figure 2 below, the Neck Hammock® includes shock-absorbing

1 tendons and ligaments.

6 Hammock® as a medical device.

7 8. On October 24, 2017, Neck Hammock launched a campaign on kickstarter.com,

12 for a total $1,642,934 in crowd-sourced, pre-paid orders.

1 products were used.

4 materials. Neck Hammock’s creative achievement resulted in broad intellectual property

12 continues despite Neck Hammock’s efforts to police the marketplace.

16 their infringing products on eCommerce platforms including https://buyneckomfort.com.

22 has customers, and has suffered injury in the District of Nevada.

23 15. Defendant DFO Global Performance Commerce Limited (“Defendant” or “DFO”)

2 202, New York, New York, 10018.

3 16. Defendant Strong Current Enterprises Limited is a business entity of unknown

7 Current is controlled by or is an affiliate of DFO.

11 infringing products through its website http://www.healthandsole.com. On information and belief,

12 Defendant Health and Sole is controlled by or is an affiliate of DFO.

16 DFO’s infringing products through its website http://www.healthandsole.com and maintains a

17 business website at https://www.thinktech.global/. On information and belief, Defendant Think

18 Tech is controlled by or is an affiliate of DFO.

22 eCommerce platforms including “buyneckomfort.com” and “healthandsole.com.” At the time of

1 they will be added into the Complaint by amendment.

7 § 1367 (supplemental jurisdiction).

19 commerce directed both to and from this District.

21 22. Defendants are individuals or entities subject to personal jurisdiction in this

5 is a foreign person or corporation otherwise subject to personal jurisdiction in this District.

7 23. Neck Hammock is a world-leading manufacturer of innovative portable devices

12 market by offering innovative home-solutions to physical health problems.

20 in the head and neck area.

23 cost, patients could generally only afford such visits periodically.

8 D845,492 (“’D492 Patent”) Portable Traction Device

9 D845,494 (“’D494 Patent”) Portable Traction Device

20 5,439,768 (“’768 Trademark”) The Neck Hammock

21 5,557,079 (“’079 Trademark”)

4 sell or advertise the Accused Products online at URLs including:

8 https://discounts-usa.com/lp/neckhammock.html and others.

5 link to purchase websites controlled by Defendants:

24 (Defendants’ Packaging – photograph taken 12/17/2019)

2 confusion, to cause mistake, or to deceive the consumer as to the affiliation, connection, or

3 association of Defendant’s knock-off products with Neck Hammock, or as to the origin, or

4 approval by Neck Hammock of Defendants’ goods, services, or commercial activities, in violation

6 38. Defendants’ unauthorized use of the Neck Hammock Trademarks enables

11 continues to be intentional, willful, and without regard to Neck Hammock’s rights.

16 Defendants’ continued infringement. Neck Hammock has no adequate remedy at law to

19 U.S.C. § 1116, Neck Hammock is entitled to an injunction against Defendants’ continuing

20 infringement of the Neck Hammock Trademarks.

1 SECOND CAUSE OF ACTION

4 preceding paragraphs, as if fully set forth herein.

5 44. Neck Hammock owns the Neck Hammock Trademarks.

7 Patent and Trademark Office.

12 in commerce for products for sale at Defendants’ web listings.

14 confusion, to cause mistake, or to deceive the consumer as to the affiliation, connection, or

15 association of Defendant’s knock-off products with Neck Hammock, or as to the origin, or

16 approval by Neck Hammock of Defendants’ goods, services, or commercial activities, in violation