California - Beach V Exqline PDF

Case 3:20-cv-01994 Document 1 Filed 03/20/20 Page 1 of 20
1 HELEN E. CHACON (CA SBN: 293067)

FAEGRE DRINKER BIDDLE & REATH LLP
2 1950 University Avenue, Suite 450
3 East Palo Alto, CA 94303
Telephone: 650-324-6700
4 Facsimile: 650-324-6701
5 JARED B. BRIANT (CO SBN: 35773)*

6 1144 15th Street, Suite 3400
7 Denver, CO 80202
Telephone: 303-607-3500
8 Facsimile: 303-607-3600
9 JESSIE PELLANT (CO SBN: 42096)*
STUDIOIP
10
600 17th St., Suite 2800
11 Denver, CO 80202
Telephone: 720-443-1773
12
*Pro hac vice applications forthcoming
13
ATTORNEYS FOR PLAINTIFF
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15 UNITED STATES DISTRICT COURT
16 NORTHERN DISTRICT OF CALIFORNIA
17 THE CALIFORNIA BEACH CO., LLC., Case No.

18 Plaintiff,
19 v. COMPLAINT FOR PATENT
INFRINGEMENT, TRADEMARK
20 EXQLINE, INC., and INFRINGEMENT AND UNFAIR
SHOPIFY INC., COMPETITION IN VIOLATION OF
21 CALIFORNIA STATUTORY LAW
22 Defendants. JURY TRIAL DEMANDED
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COMPLAINT
1 Plaintiff The California Beach Co., LLC., (“CBC” or “Plaintiff”) brings this complaint
2 against Defendants Exqline, Inc. (“Exqline”) and Shopify, Inc. (“Shopify”) (collectively
3 “Defendants”) because Exqline knowingly has manufactured and sold and continues to
4 manufacture and sell products that infringe CBC’s patent and trademark rights, by selling a direct
5 design copy of CBC’s patented design using terms confusingly similar to CBC’s registered
6 trademark in an attempt to mislead consumers and capitalize on CBC’s goodwill. Shopify has
7 actively induced Exqline’s infringement of CBC’s patent rights by continuing to provide and/or
8 make available the Shopify e-commerce platform for the direct infringement of CBC’s patent
9 rights by Exqline. To remedy these harms, CBC seeks, among other things, monetary damages
10 and injunctive relief. In support of its Complaint, CBC alleges as follows:
11 NATURE OF THE ACTION
12 1. This is an action for patent infringement, trademark infringement, and unfair
13 competition, arising under the Patent Act, 35 U.S.C. §§ 1, et seq., the Lanham Act, 15 U.S.C. §§
14 1051, et seq., and California statutory and common law.
15 2. Defendants have directly made, used, imported, offered to sell, and sold, and are
16 currently directly and are directly and/or actively inducing the making, using, importing, and
17 offering for sale and selling, imitation play-pens that infringe CBC’s patent and trademark rights.
18 The infringing play-pens are not manufactured by CBC, nor are Defendants connected or
19 affiliated with, or authorized by, CBC in any way. In addition to infringing CBC’s patents, the
20 infringing play-pens are likely to cause confusion and to deceive consumers and the public
21 regarding their source, and otherwise dilute and tarnish the distinctive quality of CBC’s brand.
22 PARTIES, JURISDICTION AND VENUE
23 3. CBC is the exclusive distributor of the POP N GO PLAYPEN®—a compact,
24 durable and portable kids playpen. CBC sells its POP N GO PLAYPEN® through various sales
25 outlets including its website, social media accounts, and third-party reseller platforms such as
26 Amazon. CBC is the exclusive patent licensee of the rights conferred under United States Patent
27 Number D862,913 (the ’913 Patent) entitled the “Playpen with Canopy,” and the POP N GO
28 PLAYPEN® is an embodiment of the ornamental design claimed in the ‘913 Patent. CBC also
-1- COMPLAINT
1 owns United States Trademark Registration No. 5,869,723 (the ’723 Trademark) for POP N GO
2 PLAYPEN. CBC is headquartered at 8601 Lincoln Blvd Suite 180-560, Los Angeles, CA 90045.
3 4. Mr. Xin Jin, a partner of Yiwu Sanhe Outdoor Product Co. is the inventor of the
4 ’913 Patent. Mr. Xin Jin has assigned the patent rights to Yiwu Sanhe Outdoor Product Co. Yiwu
5 Sanhe Outdoor Product Co. is the manufacturer of the POP N GO PLAYPEN® and exclusively
6 distributes the POP N GO PLAYPEN® product to CBC for sale via an exclusive distribution
7 agreement.
8 5. On information and belief, Mr. Han Xian Du (Exqline in Case 5:19-CV-08426)
9 supplies a knockoff playpen (the “Knockoff”) to Exqline, Inc. which in turn sells the Knockoffs
10 in United States via its website www.exqline.com and on Amazon, Ebay, and other websites
11 believed to owned and operated by Exqline such as www.thebestplaypen.com.
12 6. On information and belief, Exqline is a foreign corporation with listed addresses at
13 R 705, Yu An Commercial Building, 518101 Shenzhen China, 4101 W 42 PL, Chicago, IL, US
14 60632 and 13620 Benson Ave. Suite B Chino, CA 91710.
15 7. Exqline, and/or its agents, subsidiaries and affiliates, upon information and belief,
16 at all relevant times have and continue to conduct business in the State of California. Exqline has
17 also committed acts of infringement, misrepresentation, fraud and tortious interference with CBC
18 in the State of California.
19 8. Defendant Shopify Inc. is a corporation organized and existing under the laws of
20 Canada with its principal place of business at 150 Elgin Street, 8th Floor, Ottawa, Ontario,
21 Canada.
22 JURISDICTION AND VENUE
23 9. This Court has subject matter jurisdiction over CBC’s claims under 28 U.S.C. §§
24 1331, as the Complaint presents well-pleaded federal questions arising under The Patent Act (35
25 U.S.C. §§ 1 et seq.) and the Lanham Act (15 U.S.C. §§ 1114, 1125), and 1332. The Court may
26 exercise supplemental jurisdiction over Plaintiffs’ state law claims pursuant to 28 U.S.C. § 1367.
27 10. The exercise of in personam jurisdiction over Exqline Exqline comports with the
28 laws of the State of California and the constitutional requirements of due process because Exqline
-2- COMPLAINT
1 transacts business and/or offers to transact business within this District. Specifically, Exqline
2 advertises, offers for sale, sells, and distributes infringing pop up playpen products throughout the
3 United States, including within this District.
4 11. Shopify is subject to this Court’s personal jurisdiction because it has induced acts
5 of patent infringement and has regularly and systematically conducted and solicited business in
6 this District by and through at least its sales and offers for sale of Shopify products and services,
7 and other contractual arrangements with Shopify customers and third parties (including
8 Defendant Exqline) using such Shopify products and services located and/or doing business in
9 this District.
10 12. Venue is proper in this District pursuant to 28 U.S.C. § 1391 and 28 U.S.C.
11 § 1400(b) as Defendants have committed acts of infringement and conducted business and
12 affected business in the State of California and this judicial district.
13 FACTUAL BACKGROUND
14 CBC’S BUSINESS
15 13. CBC was launched by two parents who worked for years to find a great, portable,
16 lightweight playpen that was well built. They teamed up with a top outdoor-goods manufacturer
17 and in 2018 launched a successful Kickstarter campaign raising over $395,000 in the first 30-
18 days. Since that time CBC’s innovative Pop N’ Go Playpen® has become a highly successful
19 outdoor playpen product. As a result, numerous entities across the world have attempted to copy
20 the innovative design of the Pop N’ Go Playpen® and appropriate the goodwill embodied by Pop
21 N’ Go Playpen® brand that has been built up by CBC at great expense.
22 14. CBC sells its products through various channels including its website, Amazon.com
23 and other third-party retailers.
24 15. CBC’s sales are driven primarily through its social media presence on Instagram
25 and Facebook. CBC also sells its products through its own website, Amazon.com, and other
26 third-party retailers.
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-3- COMPLAINT
1 CBC’S PATENT AND TRADEMARK RIGHTS

2 16. Key to the Pop N’ Go Playpen®’s success is its unique ornamental design. Mr. Xin
3 created, designed and invented the Pop N’ Go Playpen® in 2017 and was issued the ’913 Patent
4 October 15, 2019. A copy of the ’913 Patent is attached hereto as Exhibit A and incorporated
5 herein.
6 17. The ’913 Patent claims an ornamental design for a playpen with canopy as shown
7 and described in the following figures:
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-4- COMPLAINT
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16 18. Mr. Xin assigned all rights in the ’913 Patent to Yiwu Sanhe Outdoor Product Co.
17 Ltd., the manufacturer of the Pop N’ Go Playpen® which embodies the ’913 Patent design. See
18 Exhibit B.
19 19. The Yiwu Sanhe Outdoor Product Co. Ltd. has licensed all rights to use, sell and
20 enforce the ’913 Patent in the United States to CBC. As a result, CBC is the exclusive licensee
21 holding all substantial rights in the ’913 Patent. See Exhibit C.
22 20. The Yiwu Sanhe Outdoor Product Co, Ltd. exclusively manufacturers and
23 distributes the Pop N’ Go Playpen® to CBC for sale in the United States. See Exhibit D.
24 21. CBC is the owner of U.S. Trademark Registration No. 5,869,723 for the POP N’
25 GO PLAYPEN® mark in International Class 020 for “Play yards; Play yards for pets; Playpens
26 for babies” and International Class 022 for “Tents; Tents for mountaineering or camping.” See
27 Exhibit E.
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-5- COMPLAINT
1 DEFENDANT’S INFRINGING ACTIVITIES

2 22. Exqline, themselves and through their respective divisions, subsidiaries, and/or
3 agents are engaged in the business of manufacturing, marketing, distributing and selling a pop up
4 playpens throughout the United States, including within this District, that infringes the ’913
5 Patent.
6 23. The infringing product sold by Exqline is using, has used, and likely will continue
7 to use the mark Pop N’ Go Playpen® to advertise and sell its infringing child tents. See Exhibit
8 F.
9 24. Upon information and belief Exqline has sold and is selling playpen products that
10 infringe the ’913 Patent directly via its website www.exqline.com. See Exhibit G. An example of
11 the infringing Exqline playpen products is depicted below:
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25. Upon information and belief, Exqline is also selling infringing playpen products
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directly via their website www.thebestplaypen.com. See Exhibit H. Thebestplaypen.com website,
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which displays and sells only Exqline brand playpens, is on information and belief owned and
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operated by the Exqline from an address of 13620 Benson Ave. Suite B Chino, CA 91710.
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26. At no time has Exqline sought or received permission or license to use the Pop N’
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Go Playpen® trademark.
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-6- COMPLAINT
1 27. At no time has Exqline sought or received permission or authorization to sell the
2 Pop N’ Go Playpen®, the infringing play pen products, or to in any way utilize the ornamental
3 design claimed in the ’913 Patent in the United States.
4 28. Upon information and belief Exqline was selling playpen products that infringe the
5 CBC’s patent and trademark rights through third party resellers Amazon and Ebay and at one
6 point were also directing traffic for sales through social media outlets such as Facebook and
7 Instagram.
8 29. Upon information and belief, Exqline was aware of Plaintiff’s product and
9 trademark at least as early as February 13, 2019. See Exhibit I.
10 30. On August 5, 2019, Plaintiff notified Exqline that its playpen infringes the issued
11 '913 Patent. See Exhibit J.
12 31. On August 8, 2019, Exqline responded via counsel to the letter denying the
13 intellectual property rights of CBC. See Exhibit K.
14 32. On August 19, 2019, CBC responded to Exqline counsel’s August 8, 2019 letter
15 emphasizing the legal basis for the original assertions of infringement. See Exhibit L.
16 33. On November 14, 2019 CBC sent another letter demanding that Exqline cease its
17 infringing activities following issuance of the ’913 Patent issued. See Exhibit M.
18 34. On November 19, 2019 counsel for Exqline responded, citing for the first time a
19 new design patent, that Exqline asserted gave it the ability to rely on Patent No. US D864,333
20 (the ’333 Patent) in response to CBC’s infringement claims.
21 35. CBC subsequently executed take downs of the infringing Exqline products on
22 Amazon based on infringement of the ’913 Patent. See Exhibit N.
23 36. On November 25, 2019 counsel for Exqline continued to deny the allegations of
24 infringement set forth in CBC’s previous letters and asserted rights under its own ’333 Patent.
25 Upon information and belief, the ’333 Patent is invalid in light of the ’913 Patent, as the screen
26 added to the ’333 Patent is merely functional. In any event, Exqline sells both designs of the
27 playpen depicted in the ’913 and the ’333 patents.
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-7- COMPLAINT
1 37. On December 5, 2019 CBC received a further response from Exqline’s counsel
2 asserting that Mr. Han Xian Du (“Mr. Du”), and not Mr. Xin Jin, is the inventor of the Pop N’ Go
3 Playpen® design claimed in the ’913 Patent.
4 38. CBC responded with evidence supporting the invention of the Pop N’ Go Playpen®
5 and ’913 design patent with pictures of prior iterations of the design, and Chinese patents owned
6 by the father of one of the owners of the Yiwue Sanhe Outdoor Co. that is utilized and licensed to
7 CBC. See Exhibit O.
8 39. Mr. Du purchased a set of playpens from Yiwu Sanhe Outdoor Product Co. in 2018
9 and sold them to Exqline for distribution and resale. Shortly after the sale, Yiwu Sanhe Outdoor
10 Product Co. entered into its exclusive distribution agreement with CBC making CBC the only
11 company able to sell the Pop N’ Go Playpen® in the United States, Mexico and Canada. Mr. Du,
12 a customer of Yiwu Sanhe Outdoor product Co., is not the inventor of the Pop N’ Go Playpen®
13 and did not and does not have a license to make, use or sell the Pop N’ Go Playpen®.
14 40. Mr. Du corresponded with Yiwu Sanhe Outdoor product Co. to ask what material
15 the tents were made from and what patents were associated with the products at the time he
16 purchased the tents to sell to Exqline. This is evidence that Mr. Du is not an inventor of the Pop
17 N’ Go Playpen®. See Exhibit P.
18 41. Upon information and belief, Mr. Du misappropriated the design of the Pop N’ Go
19 Playpen® and took it to another manufacturer in China to have the product continue to be made
20 and sold to Exqline without any license to use, make, or sell the intellectual property.
21 42. Exqline has continued to manufacture, use, sell, offer to sell and/or import the
22 infringing Pop N’ Go Playpen® with full knowledge of infringement of the ’913 Patent and
23 CBC’s exclusive license to make, use, offer for sale, and enforce the ’913 Patent.
24 43. Shopify serves as the e-commerce platform (or online store) for the infringing
25 products that are manufactured, used, imported, offered for sale and/or sold by Exqline. Shopify
26 offers online retailers, including Exqline, a customizable e-commerce platform they can use to set
27 up an online storefront and to engage in online transactions with their customers. Shopify offers
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-8- COMPLAINT
1 its online retailer customers, including Exqline, an integrated payment solution on its e-commerce
2 platform called Shopify Payments.
3 44. On November 18, 2019 and on January 30, 2020, CBC, through its online brand
4 protection agent Red Points Solutions, notified Shopify of Exqline’s infringement of CBC’s
5 patent rights and trademark rights. See Exhibit Q. Shopify confirmed receipt of these notices,
6 and on January 31, 2020, Shopify responded, refused to remove the infringing play-pen products
7 from its online e-commerce platform, and stated that no further action would be taken by Shopify.
8 Through its refusal to remove the infringing Exqline play-pen products, Shopify has actively
9 induced Exqline’s infringement of the ’913 Patent.
10 45. As a result, Defendants have had had actual or at least constructive notice of, or
11 were willfully blind to the existence of, the ’913 Patent and the POP N’ GO PLAYPEN® mark
12 prior to filing this Complaint or, at the very least, possess such knowledge or is willfully blind to
13 their existence going forward from the date of this Complaint. As a result of Defendants’
14 knowledge, their infringing conduct was, and continues to be, willful.
15 46. As set forth below, Defendants’ continued manufacturing, importing, exporting
16 and/or distribution of the infringing Exqline products (or inducing another to do the same)
17 infringe the CBC’s ’913 Patent and POP N’ GO PLAYPEN® mark, and otherwise constitutes
18 unfair competition, resulting in irreparable harm to CBC for which CBC lacks an adequate
19 remedy at law.
20 FIRST CLAIM FOR RELIEF
(Patent Infringement Under 35 U.S.C. § 271(a))
21 (Against Defendant Exqline)
22 47. CBC realleges and incorporates by reference, as if fully set forth herein, the
23 allegations in Paragraphs 1-46, above.
24 48. Exqline has manufactured, used, offered for sale, sold, and/or imported, and
25 continues to manufacture, use, offer to sell, and/or import play-pens, including but not limited to
26 the infringing Exqline playpen products, that infringe the ornamental design claimed in the ’913
27 Patent.
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-9- COMPLAINT
1 49. As a result of Exqline’s infringement of CBC’s rights in the ’913 Patent, CBC has
2 suffered and will continue to suffer damages. In addition to actual damages, CBC is entitled to
3 recovery of Exqline’s profits pursuant to 35 U.S.C. § 289.
4 50. Exqline’s infringement of the ’913 Patent has been with full knowledge of the
5 ’913Patent and CBC’s rights therein.
6 51. Exqline’s willful infringement of CBC’s rights in the ’913 Patent warrants an award
7 of treble damages under 35 U.S.C. § 284 and makes this an exceptional case warranting an award
8 of CBC’s reasonable attorney’s fees and costs under 35 U.S.C. § 285.
9 52. As a result of Exqline’s continuing infringement of CBC’s rights in the ’913 Patent,
10 CBC is suffering irreparable harm. If Exqline’s infringing conduct is not enjoined, CBC will
11 continue to suffer irreparable harm, and otherwise has no adequate remedy at law. As a result,
12 CBC is entitled to injunctive relief pursuant to 35 U.S.C. § 283.
13 SECOND CLAIM FOR RELIEF
(Patent Infringement Under 35 U.S.C. § 271(b))
14 (Against Defendant Shopify)
16 allegations in Paragraphs 1-52 above.
17 54. Shopify has actively induced, and continues to actively induce and encourage,
18 Exqline’s direct infringement of CBC’s rights in the ’913 Patent.
19 55. With knowledge of the ’913 Patent, as described in Paragraphs 51-53 above,
20 Shopify has actively induced and encouraged third-party manufacturers, distributors, importers,
21 retailers, agents, and/or contractors and continues to actively induce third-party manufacturers,
22 distributors, importers, retailers, agents, and/or contractors—such as, for example, Exqline—to
23 directly infringe the ’913 Patent by, for example, continuing to make an online shopping platform
24 available to Exqline and otherwise facilitating the sale of Exqline’s infringing products with
25 actual knowledge that the Exqline play-pen products infringe the ’913 Patent. Shopify did and
26 does so with knowledge, or with willful blindness of the fact, that the induced acts constitute
27 infringement of the ’913 Patent. Shopify intended and intends to cause infringement by these
28 third-party manufacturers, distributors, importers, agents, and/or contractors.
- 10 - COMPLAINT
1 56. As a result of Shopify’s active inducement of infringement of CBC’s rights in the

2 ’913 Patent, CBC has suffered and will continue to suffer damages.
3 57. Shopify’s active inducement of infringement of the ’913 Patent has been with full
4 knowledge of the ’913 Patent and CBC’s rights therein.
5 58. As a result of Shopify’s continuing active inducement of infringement of CBC’s
6 rights in the ’913 Patent, CBC is suffering irreparable harm. If Shopify’s conduct is not enjoined,
7 CBC will continue to suffer irreparable harm, and otherwise has no adequate remedy at law. As a
8 result, CBC is entitled to injunctive relief pursuant to 35 U.S.C. § 283.
9 THIRD CLAIM FOR RELIEF
(Trademark Infringement Under 15 U.S.C. § 1114)
13 60. CBC owns the valid federal registration for the Pop N’ Go Playpen® mark for baby
14 play-pens and tents.
15 61. Plaintiff’s registration of the Pop N’ Go Playpen® mark constitutes prima facie
16 evidence of the validity of CBC’s trademark rights and CBC’s exclusive right to use the mark in
17 commerce.
18 62. Exqline’s unauthorized use of the term “pop up playpen” as a trademark in
19 connection with its infringing baby playpen and tent is likely to cause confusion or mistake as to
20 the source, affiliation, connection, or association of CBC’s child playpen tents and Plaintiff, or as
21 to the origin, sponsorship, or approval of Exqline’s playpen tent product.
22 63. Exqline’s actions as alleged above constitute trademark infringement in violation of
23 Section 32 of the Lanham Act, 15 U.S.C. §1114.
24 64. By reason of the acts as alleged above, CBC has suffered and will continue to suffer
25 monetary damages and irreparable harm to the value and goodwill of Plaintiff’s Pop N’ Go
26 Playpen® mark as well as irreparable harm to CBC’s business, goodwill and reputation. Plaintiff
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- 11 - COMPLAINT
1 has no adequate remedy at law because damage to Plaintiff’s goodwill and reputation are
2 continuing and difficult to ascertain.
3 65. Exqline’s continued use of the Pop N’ Go Playpen® mark is deliberate, willful,
4 fraudulent, and constitutes a knowing infringement of CBC’s Pop N’ Go Playpen® mark.
5 FOURTH CLAIM FOR RELIEF
(False Designation of Origin in violation of 15 U.S.C. § 1125)
9 67. Plaintiff’s Pop N’ Go Playpen® mark is inherently distinctive or has acquired
10 distinctiveness among the relevant trade and public as identifying the CBC tents.
11 68. Exqline’s use of “pop up playpen” as a trademark for its infringing tents is likely to
12 cause confusion, mistake or to deceive consumers as to the affiliation, connection, or association
13 between Exqline and Plaintiff, or as to the origin, sponsorship, or approval of Exqline’s tents by
14 Plaintiff.
15 69. Exqline’s use of Pop N’ Go Playpen® in connection with its identical children’s
16 tent constitutes trademark infringement, unfair competition, and false designation of origin in
17 violation of Section 43(c) of the Lanham Act, 15 U.S.C. §1125(c).
18 70. By reason of Exqline’s alleged acts as above, CBC has suffered and will continue
19 to suffer monetary damages and irreparable harm to the value and goodwill of Plaintiff’s Pop N’
20 Go Playpen® mark, as well as irreparable harm to CBC’s business, goodwill and reputation.
21 Plaintiff has no adequate remedy at law because damage to Plaintiff’s goodwill and reputation are
22 continuing and difficult to ascertain.
23 71. Exqline’s continued use of the Pop N’ Go Playpen® mark is deliberate, willful,
24 fraudulent, and constitutes a knowing infringement of Plaintiff’s Pop N’ Go Playpen® mark since
25 at least February 13, 2019. See Exhibit I.
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1 FIFTH CLAIM FOR RELIEF

(Violation of California’s Unfair Competition Law (“UCL”) Cal. Bus. & Prof. Code §§
2 17200, et seq. – Unlawful Prong)
72. Plaintiff realleges and incorporates by reference, as if fully set forth herein, the
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allegations in Paragraphs 1-71 above.
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73. Exqline’s conduct constitutes unlawful business practices in violation of U.S. law,
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including, but not limited to, violation of U.S. patent and trademark laws, including 35 U.S.C. §
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271, 15 U.S.C. § 1114, and 15 U.S.C. § 1125, as alleged above.
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74. Exqline has engaged in patent infringement in violation of 35 U.S.C. § 271, as
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described more fully in Paragraphs 55-60, by manufacturing, distributing, marketing, and selling
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playpens and tents through distribution channels throughout the United States, including in the
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state of California, that infringe the ’913 Patent.
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75. Exqline has engaged in trademark infringement in violation of 15 U.S.C. §§ 1114
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and 1125, as described more fully above, by using the confusingly similar term “pop up playpen”
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as a trademark in connection with its infringing playpens and tents, which is likely to cause
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confusion as to the source, affiliation, connection, or association with CBC’s playpens and tents
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sold under the registered trademark Pop N’ Go Playpen®.
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76. On information and belief, Exqline’s acts alleged herein were done in the course of
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business and for a business purpose.
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77. As a direct and proximate result of these unlawful business practices, the public has
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been, and continues to be, deceived.
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78. As a further direct and proximate result of Exqline’s patent and trademark
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infringement and false designation of origin, CBC has suffered economic damages, which
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continue to accrue by the continuance of such wrongful conduct.
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79. Pursuant to California Business & Professions Code § 17203, CBC seeks an order
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requiring Exqline (and Exqline’s divisions, subsidiaries, agents, employees, and all persons acting
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under, in concert with, or for Exqline) to immediately cease the above-described unlawful
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1 business practices, or any other business practice which unlawfully harms CBC and/or which is
2 likely to confuse or deceive the public. In addition, CBC seeks restitution.
3 SIXTH CLAIM FOR RELIEF
4 17200, et seq. – Unfair Prong)
(Against Defendant Exqline)
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81. Exqline’s conduct constitutes unfair business practices, including because Exqline’s
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violations of U.S. laws, including, but not limited to, violation of 35 U.S.C. § 271, 15 U.S.C. §
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1114, and 15 U.S.C. § 1125, as alleged above are injurious to consumers and CBC, and the utility
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of the conduct to Exqline does not outweigh the gravity of the harm to consumers or to CBC.
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82. Exqline’s unfair conduct impacts competition because Exqline’s patent and
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trademark infringement has caused, and continues to cause, consumers to mistakenly purchase
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Exqline’s products thinking they are CBC’s products.
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83. On information and belief, Exqline’s acts alleged herein were done in the course of
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business and for a business purpose.
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84. While Exqline’s decision to market its playpens and tents in violation of CBC’s
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patent and trademark rights may have allowed Exqline to sell more products, this is precisely the
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type of conduct which federal patent and trademark law prohibits.
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85. Exqline’s misconduct not only injures consumers who purchase Exqline’s products
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thinking they are CBC’s products (for example, by providing consumers with products that are
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inferior quality than what the consumer is deceived to believe it is getting), but it also injures
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CBC by diverting consumers from CBC and destroying the goodwill CBC has extensively
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developed in its product line.
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86. Pursuant to California Business & Professions Code § 17203, CBC seeks an order
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requiring Exqline (and Exqline’s divisions, subsidiaries, agents, employees, and all persons acting
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under, in concert with, or for Exqline) to immediately cease the above-described unfair business
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1 practices, or any other business practice which unfairly harms CBC and/or which is likely to
2 confuse or deceive the public. In addition, CBC seeks restitution.
3 SEVENTH CLAIM FOR RELIEF
4 17200, et seq. – Fraudulent Prong)
(Against Defendant Exqline)
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88. Exqline’s conduct constitutes fraudulent business practices, including because
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Exqline’s violations of federal laws, including, but not limited to, violation of 35 U.S.C. § 271, 15
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U.S.C. § 1114, and 15 U.S.C. § 1125, as alleged above, are likely to deceive, have deceived, and
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continue to deceive consumers.
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89. Exqline’s advertising of its playpens and tents using the term “pop up playpen” has
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caused and continues to cause consumers to mistakenly purchase Exqline’s products thinking
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they are CBC’s products lawfully advertised under the federally registered trademark Pop N’ Go
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Playpen®. Consumers are likely to continue to be deceived about the origin or sponsorship of
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Exqline’s products so long as Exqline continues to advertise its infringing playpens and tents
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under a confusingly similar trademark.
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90. For example, Exqline currently sells its playpens on www.thebestplaypen.com
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under the names “Pop Up Playpen Upgraded Full Bugs-Proof Baby Playpen” and “Classic Pop
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Up Baby Playpen Portable Kids Toddlers Play Yard.” See Exhibit R. These web listings were
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accessed on March 9, 2020 through the internet and are available to the public, including
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California consumers. Consumers are likely to believe that Exqline’s products advertised on
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www.thebestplaypen.com are affiliated with CBC (for example, because they are visually
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identical to CBC’s playpens and tents), when they are not. Indeed, the “contact us” page on
24
www.thebestplaypen.com provides no indication to the ordinary consumer that CBC is not
25
26
27
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- 15 - COMPLAINT
1 affiliated with the visually-identical offerings to CBC’s playpens and tents that appear on
2 www.thebestplaypen.com. See Exhibit S.
3 91. On information and belief, Exqline’s acts alleged herein were done in the course of
4 business and for a business purpose.
5 92. Exqline’s misconduct not only injures consumers who purchase Exqline’s products
6 thinking they are CBC’s products, but it also injures CBC by diverting consumers from CBC and
7 destroying the goodwill CBC has extensively developed in its product line.
8 93. Pursuant to California Business & Professions Code § 17203, CBC seeks an order
9 requiring Exqline (and Exqline’s divisions, subsidiaries, agents, employees, and all persons acting
10 under, in concert with, or for Exqline) to immediately cease the above-described fraudulent
11 advertising and business practices, or any other fraudulent business practice which harms CBC
12 and/or which is likely to confuse or deceive the public. In addition, CBC seeks restitution.
13 EIGHTH CLAIM FOR RELIEF
(Violation of California’s False Advertising Law (“FAL”) Cal. Bus. & Prof. Code §§ 17500)
15 94. Plaintiff realleges and incorporates by reference, as if fully set forth herein, the
17 95. Exqline advertised and sold, and continues to advertise and sell, its infringing
18 playpens and tents in California and in interstate commerce.
19 96. Exqline advertised and continues to advertise its infringing playpens and tents,
20 including online, in a manner that is untrue and misleading, and that is known or reasonably
21 should have been known to Exqline to be untrue and misleading. For example, Exqline was made
22 aware of CBC’s patent and trademark rights at least as of August 5, 2019, and Exqline continues
23 to advertise, with the intent to sell (and upon information and belief, actually does sell), as of the
24 date of filing of this Complaint, Exqline’s infringing playpens and tents on www.exqline.com and
25 on www.thebestplaypen.com using an infringing trademark, all of which is intended to deceive
26
27
28
- 16 - COMPLAINT
1 consumers into believing CBC is associated with Exqline’s infringing playpens and tents when it
2 is not.
3 97. Pursuant to California Business & Professions Code § 17535, CBC seeks an order
4 enjoining Exqline (and Exqline’s divisions, subsidiaries, agents, employees, and all persons
5 acting under, in concert with, or for Exqline) from continuing to engage in false or misleading
6 advertising, including as set forth in this Complaint. In addition, CBC seeks restitution.
7 PRAYER FOR RELIEF
8 WHEREFORE, Plaintiff respectfully requests entry of judgment as follows:
9 A. Permanent injunctive relief restraining Defendants, their officers, agents, servants,
10 employees, and attorneys, and those persons acting in concert with Defendants, and each of them,
11 from:
12 (i) making, using, selling, offering to sell, and/or importing (or inducing one
13 or more third parties to do the same) any play-pen or similar product that
14 infringes the ’913 Patent;
15 (ii) actively inducing the making, using, selling, offering to sell, and/or
16 importing (or inducing one or more third parties to do the same) any play-
17 pen or similar product that infringes the ’913 Patent; and
18 (ii) infringing Plaintiff’s Lanham Act and common law rights in the POP N’
19 GO PLAYPEN® mark, and otherwise engaging in unfair competition;
20 B. An award to Plaintiff of its actual damages in an amount according to proof;
21 C. An award to Plaintiffs of the total profits received or derived by Defendant
22 Exqline from the manufacture, use, sale, offering for sale, and/or importation of products bearing
23 or using any copy or colorable imitation of the ’913 Patent pursuant to 35 U.S.C. § 289 and other
24 applicable federal law;
25 E. A declaration that Defendant Exqline’s infringement and other wrongful acts
26 herein alleged be determined deliberate, willful, and in conscious disregard of Plaintiffs’ rights
27
28
- 17 - COMPLAINT
1 pursuant to 15 U.S.C. § 1125(a), 35 U.S.C. § 284, 17 U.S.C. § 504, and/or 18 U.S.C. § 1964(c),
2 and at common law;
3 F. An award to Plaintiff of all of Defendant Exqline’s gross and net sales, revenues,
4 and profits received or derived by Defendant for the use of any of the Furrion Marks pursuant to
5 15 U.S.C. § 1117 and other applicable federal law;
6 G. A declaration that this case is exceptional, and, in conjunction therewith, an
7 award of reasonable attorney’s fees and costs pursuant to 35 U.S.C. § 285;
8 H. An award of treble damages against Defendant Exqline pursuant to 35 U.S.C. §
9 284 as a result of Defendant Exqline’s deliberate and willful infringement in conscious disregard
10 of Plaintiff’s rights;
11 I. For an order that Defendants be directed to file with this Court and serve on
12 Plaintiff within a period of time to be determined by the Court after the service of any injunction
13 order, a report in writing, under oath, setting forth in detail the manner and form in which
14 Defendants have complied with the injunction;
15 J. For an order that Defendants be required during this proceeding to preserve,
16 surrender and deliver up to Plaintiffs all appliances, goods, printed matter, advertising, and
17 designs bearing the words, designations, trademarks or symbols related or similar thereto which
18 violate Plaintiff’s respective federal, statutory, state, or common law rights;
19 K. For an order that upon the conclusion of this proceeding, Plaintiff is authorized by
20 this Court to destroy all appliances, goods, printed matter, advertising, and designs provided by
21 Defendant to Plaintiffs that this Court finds to violate Plaintiff’s respective federal, statutory,
22 state, or common law rights;
23 L. For an order that Defendants be required at the conclusion of this proceeding to
24 destroy in their possession any and all remaining play-pens, goods, printed matter, and
25 advertising, that this Court finds to violate Plaintiff’s federal, statutory, state or common law
26 rights;
27 M. For an award of restitution and other relief, under California statutory law;
28 N. Pre-judgment and post-judgment interest as allowed by law;
- 18 - COMPLAINT
1 O. Such other and further equitable and legal relief as this Court deems just and
2 proper.
3
REQUEST FOR TRIAL BY JURY
4
Plaintiff California Beach Co., LLC respectfully requests a trial by jury on all issues so
5
triable.
6
7
Dated: March 20, 2020
8
9
10 By: Helen E. Chacon
HELEN E. CHACON (CA SBN: 293067)
11 950 University Avenue, Suite 450
East Palo Alto, CA 94303
12 Telephone: 650-324-6700
13 Facsimile: 650-324-6701
Attorneys for Plaintiff,
14
THE CALIFORNIA BEACH COMPANY
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 19 - COMPLAINT
Case 3:20-cv-01994 Document 1-1 Filed 03/20/20 Page 1 of 9
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
Reg. No. 5,869,723 The California Beach Co,LLC (CALIFORNIA LIMITED LIABILITY COMPANY)
614 Evergreen St
Registered Sep. 24, 2019 Burbank, CALIFORNIA 91505
CLASS 20: Play yards; Play yards for pets; Playpens for babies
Int. Cl.: 20, 22
FIRST USE 3-6-2018; IN COMMERCE 3-6-2018
Trademark
CLASS 22: Tents; Tents; Tents for mountaineering or camping
Principal Register
FIRST USE 3-6-2018; IN COMMERCE 3-6-2018
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY

PARTICULAR FONT STYLE, SIZE OR COLOR
No claim is made to the exclusive right to use the following apart from the mark as shown:
"PLAYPEN"
SER. NO. 88-129,425, FILED 09-24-2018

EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT J
August 5, 2019
VIA EMAIL
info@exqline.com
sure.ng@outlook.com
4101 W. 42 PL.
Chicago, IL 60632
RE: Cease and Desist
To Whom It May Concern:
StudioIP represents the Intellectual Property rights of The California Beach Co., LLC (“CBC”).
Since first launching their POP ‘N GO PLAYPEN product in early 2018, CBC has garnered
significant good-will and national trademark rights in the term POP ‘N GO PLAYPEN (the
“Mark”) for portable, lightweight playpens for children and pets. CBC spends a significant
amount of time, energy and monetary resources building a quality product and reputable brand.
CBC markets their product on multiple forums and has sold their product on their
website https://thecaliforniabeachco.com/ since at least as early as March 2018. The Mark is also
the subject of pending Trademark application Serial no. 88129425 for registration with the
United States Patent and Trademark Office (USPTO), attached hereto as Exhibit A. CBC uses
the Mark to identify themselves as the source of their POP ‘N GO PLAYPEN product; a full
description of goods can be found on Exhibit A as applied for through the USPTO. Additionally,
the “pop up mechanism” used in CBC’s POP ‘N GO PLAYPEN product is the subject of
pending Utility Patent application no.505049142 (“the Patent”) for registration with the USPTO,
attached hereto as Exhibit B.
CBC recently became aware of your nearly identical product offered for sale described as a
“POP N GO” baby playpen on your website https://exqline.com/ (as well as on Amazon.com),
beginning sometime after June 1, 2019, well after CBC’s product was on the market. See
screenshot from the Wayback Machine website showing no sign of the playpen product on June
1, 2019 attached hereto as Exhibit C. Using the term “POP N GO” is likely to cause consumer
confusion among consumers purchasing our products thus infringing on the trademark rights of
CBC. Additionally, your product utilizes a pop up mechanism infringing on the patent rights of
CBC.
You will appreciate that the POP ‘N GO PLAYPEN Mark and the Patent are valuable assets of
CBC, and it is our client’s policy and practice to protect their intellectual property rights. The
goods of both parties are nearly identical and wholly overlap. The goods of both parties are
directed to a single pool of consumers through overlapping channels of trade. The dominant
‘POP” portion of marks are identical and the full marks used to identify the goods are
confusingly similar. As such, there is a clear likelihood of confusion as to the source of the
goods, thus infringing on CBC’s trademark rights to the POP ‘N GO PLAYPEN Mark. Further,
due to the identical nature of the goods as well as the timing of your product launch (more than a
year after CBC’s), CBC has reason to believe that you are willfully infringing on their
intellectual property rights by knowingly creating a copy of their product using the “pop up
mechanism” described in the Patent. Willfully infringing upon an owner’s intellectual property
rights not only opens you up to both statutory and actual damages, but also a disgorgement of
your profits and treble damages. Even if it is found that you did not willfully infringe on CBC’s
rights prior to receiving this letter, this letter serves as notice of CBCs rights and any
infringement of the Patent or Mark going forward will be viewed as willful infringement.
Therefore, we must demand that you immediately cease and desist any use of the term “Pop” and
any phrase similar to “Pop ‘N Go” in connection with your playpen products. Additionally,
please immediately cease the manufacturing, distribution or sale of any products using the “pop
up mechanism” described in the Patent application, and remove any and all references to the
playpen products online or in any other retail sales outlet, including Amazon.com.
Please respond within 24 hours of receipt with confirmation of your compliance with the above
demands. Failure to comply will result in further legal action seeking both statutory and actual
damages, as well as disgorgement of your profits and treble damages based on your infringing
use of CBC’s intellectual property. All communication regarding this matter should be directed
to StudioIP, attorneys for The California Beach Co., LLC. We thank you for your prompt
attention to this matter.
The California Beach Co. reserves all rights to the POP ‘N GO PLAYPEN mark and the Patent,
and any offer of compromise is without prejudice to any claim or demand that may be made in
the event we are unable to reach an amicable solution.
Sincerely,
Jessie L. Pellant
EXHIBIT K
EXHIBIT L
August 19, 2019
VIA EMAIL
Hope Man
Yingke Law Firm
suzhanfei@yingkelawyer.com
chenlianhua@yingkelawyer.com
info@exqline.com
RE: Cease and Desist Reply
To Whom It May Concern:
Thank you for your Reply Letter dated August 8, 2019 regarding The California Beach Co.,
LLC’s (“CBC”) Cease and Desist Letter dated August 5, 2019. This letter is in response to said
Reply Letter.
1. We do not dispute that Exqline has trademark rights in the term EXQLINE and that your
company has the right to use EXQLINE as a source identifier of your products. It is
Exqline’s use of the identical term “POP N GO” to describe an identical product to
CBC’s POP ‘N GO PLAYEN that is infringes on CBC’s trademark rights. As explained
in our previous letter, the goods of both parties are identical and directed to a single pool
of consumers through overlapping channels of trade, and the “POP ‘N GO” portion of
marks are identical. As such, there is a clear likelihood of confusion as to the source of
the goods, thus infringing on CBC’s trademark rights to the POP ‘N GO PLAYPEN
Mark.
Under common law, trademark rights are earned from the moment the term is used in
commerce as a source identifier for the owner’s goods and/or services, regardless of
whether the mark is federally registered with the USPTO. The owner of a common law
trademark has the ability to protect their rights and bar another from using a confusingly
similar mark for similar goods and services. As noted in the August 5, 2019 Cease and
Desist Letter, CBC markets their POP ‘N GO PLAYPEN on multiple forums and has
sold their product under that POP “N GO PLAYPEN mark on their website since at least
as early as March 2018. Conversley, from the evidence we have been able to gather,
Exqline began using the term “POP N GO” to describe an identical product sometime
after June 1, 2019, well after CBC’s product was on the market. Therefore, CBC has
priority in the trademark POP ‘N GO PLAYPEN for playpen products and Exqline’s use
of “POP ‘N GO” constitutes trademark infringement.
The fact that the federal trademark registration is still pending has no bearing on CBC’s
right to use their trademark (and to exclude others from using their mark in a confusingly
similar way) going back to March 2018. The registration of the mark will merely give
CBC a legal presumption of validity and an avenue for the collection of attorneys’ fees,
which we will be happy to seek should Exqline continue to infringe on CBC’s trademark
rights. Additionally, as noted in the August 5, 2019 Cease and Desist Letter which gave
you explicit notice of CBC’s rights to the mark, you are now willfully infringing upon
CBC’s’s intellectual property rights which not only opens you up to both statutory and
actual damages, but also a disgorgement of your profits and treble damages.
2. We disagree with your assertion that the product technology belongs to the prior art,
which is to be determined by the United States Patent and Trademark Office (USPTO)
upon examination of the pending application. Further, while you are correct that CBC’s
patent (“the Patent”) is still pending, 35 U.S.C. § 154 gives CBC the right, once the
patent has been issued, to collect payments from anyone who previously sold any product
which utilizes the claimed invention. Therefore, once the Patent has been issued, CBC
has the right to collect statutory and actual damages, as well as treble damages and
attorneys’ fees, for all uses of the invention by Exqline. Further, as mentioned above,
your continued willful infringement of CBC’s intellectual property rights also gives CBC
the ability to request disgorgment of Exqline’s profits, as well as treble damages.
So again, we must demand that you immediately cease and desist any use of the term or any
phrase similar to “Pop ‘N Go” in connection with your playpen products. Additionally, please
immediately cease the manufacturing, distribution or sale of any products using the “pop up
mechanism” described in the Patent application, and remove any and all references to the
playpen products online or in any other retail sales outlet, including Amazon.com.
Please respond within 24 hours of receipt with confirmation of your compliance with the above
demands. All communication regarding this matter should be directed to StudioIP, attorneys for
The California Beach Co., LLC. We thank you for your prompt attention to this matter.
The California Beach Co. reserves all rights to the POP ‘N GO PLAYPEN mark and the Patent,
and any offer of compromise is without prejudice to any claim or demand that may be made in
the event we are unable to reach an amicable solution.
Sincerely,
Jessie L. Pellant
EXHIBIT M
November 14, 2019
VIA EMAIL
George Chen
Hope Man
Yingke Law Firm
suzhanfei@yingkelawyer.com
chenlianhua@yingkelawyer.com
info@exqline.com
RE: Cease and Desist
Dear Mr. Chen & Mr. Man,
As you know from our previous correspondence, StudioIP represents the Intellectual
Property rights of The California Beach Co., LLC (“CBC”). StudioIP reached out in August
2019 identifying Exqline as an infringer of the intellectual property rights enjoyed by CBC.
Exqline denied infringement and continues to infringe on the rights of CBC by selling counterfeit
copies of the infamous POP ‘N GO PLAYPEN owned and sold by CBC. Our client intends to
pursue further legal action if an agreement between the parties cannot be reached within the next
7 days.
CBC’s POP ‘N GO PLAYPEN product has garned significant goodwill and popularity
with consumers since early 2018. CBC owns United States federal trademark rights in the term
POP ‘N GO PLAYPEN (the “Mark”), U.S. Registration No. 5869723, for portable, lightweight
playpens for children and pets in international classes 020 and 022. See the POP ‘N GO
PLAYPEN registration certificate attached hereto as Exhibit A. CBC spends a significant
amount of time, energy and monetary resources building a quality product and reputable brand
and takes offense to the blatent infringement by Exqline, using CBC’s goodwill to their
advantage to sell a copy of our client’s product. CBC markets their product on multiple forums
and has sold their product on their website https://thecaliforniabeachco.com/ since at least as
early as March 2018, enjoying priority in the mark POP ‘N GO PLAYPEN. The goods of both
parties are identical and wholly overlap. Evidence of this is established by conducting a Google
search for the term “pop n go.” The results show both CBC’s website and mark and the Exqline
website also using the Mark as a whole on the first results page of Google. See Google search
results attached hereto as Exhibit B. As previously explained, using the term “POP N GO” is
likely to cause consumer confusion, leading customers to think the Exqline product is affiliated
with CBC. Exqline was made aware of the assertion of CBC’s trademark rights at least as early
as August 5, 2019 and has willfully infringed on CBC’s trademark in commerce ever since,
opening itself up to a disgourgement of profits, attorney fees and treble damages.
Additionally, CBC owns the right to enforce U.S. Patent Registration No. D862913
“Playpen with Canopy” (the “Patent”) within the United States, Canada and Mexico. A side by
side comparison of Exqline’s pop up playpen evidences the playpen is a direct copy of our
client’s product. The Patent is attached hereto as Exhibit C. As noted in both our letters, dated
August 5, 2109 and August 19, 2019, CBC is aware of your identical product offered for sale
described as a “POP N GO” baby playpen on your website https://exqline.com/ (as well as on
Amazon.com, Ebay, Facebook, and Instagram), beginning sometime after CBC began offering
its product for sale. The earliest evidence found of sales made by Exqline appear to be in August
2018. See screenshot from Amazon product listing page “Customer Questions & Answers”
section attached hereto as Exhibit D. There is also a comment made by Exqline acknowledging
the product is copied from CBC further adding to the creation of consumer confusion. See
screenshot from Amazon product listing page “Customer Questions & Answers” section attached
hereto as Exhibit E. The design of your product infringes the Patent, and CBC has the
contractual right to enforce the Patent against you.
As noted in our letter dated August 19, 2019, 35 U.S.C. § 154 gives CBC the right, now
that the Patent has issued, to collect payments from anyone who previously sold any product
which utilizes the claimed invention. Therefore CBC has the right to collect statutory and actual
damages, as well as treble damages and attorneys’ fees for all uses of the invention by Exqline.
As such, please provide a full and true accounting of sales of your products. This is in an effort
to settle this dispute between the parties and enter into a settlement agreement, otherwise our
client will move forward with legal action against you.
Further, due to the identical nature of the goods as well as the timing of your product
launch (more than a year after CBC’s), CBC has reason to believe that you are willfully
infringing on their intellectual property rights by knowingly creating a copy of their product
asdescribed in the Patent. Not only is your product infringing the patent, but Exhibit E evidences
that you are engaging in unfair competition under section 43 of the Lanham Act, 15 U.S.C. §
1125, which prohibits false designations of origin and false or misleading representations of fact
likely to cause confusion or deceive as to the affiliation between the sources of the separate
products. The law does not take kindly to those who pass another’s product off as their own and
tread on the goodwill and brand of another’s creation. It is also noted that the look and feel of
the Exqline website is designed to mirror that of CBC, including the pop up box notifiying the
website visitor of customers purchasing the product. The pop up box and look and feel of the
CBC website is protectable trade dress of CBC and Exqline is also infringing the trade dress of
CBC with its website design and the copying of the pop up purchase box. See Millennium Labs.
v. Ameritox, Ltd., 817 F.3d 1123, 1125 (9th Cir. 2016). As noted in our previous letters,
willfully infringing upon an owner’s intellectual property rights not only opens you up to both
statutory and actual damages, but also a disgorgement of your profits and treble damages. The
comment in Exhibit E evidences the fact that Exqline was aware of CBC, its product and its
intellectual property as early as February 2019 and has continued to infringe the rights held by
CBC ever since.
Therefore we must demand that you immediately cease and desist any use of the term
“Pop” and any phrase similar to “Pop ‘N Go” in connection with your playpen products.
Additionally, it is requested that you immediately cease the manufacturing, distribution or sale of
any products infringing on the “Playpen with Canopy” as described in the Patent, and remove
any and all references to the playpen products online or in any other retail sales outlet, including,
but not limited to, any advertising, Adwords and other SEO efforts, Amazon.com, Facebook,
Instagram, and any other retail or social media outlet.
CBC has already begun to take action by submitting intellectual property violation
reports with Amazon, Facebook and Instagram, requesting your pages and product listings be
removed immediately. CBC is taking similar action with the Registrar for the Exqline website,
informing them of the violations and requesting they deactive the entire website.
Please respond within 3 days of receipt with confirmation of your compliance with the
above demands and to negotiate a settlement agreement. Failure to comply will result in further
legal action seeking both statutory and actual damages, as well as disgorgement of your profits
and treble damages based on your infringement of CBC’s intellectual property. If we cannot
immediately negotiate a settlement agreement, CBC is prepared to file a civil complaint in
United States Federal Court and will request a Temporary Restraining Order barring the sale of
your product until the completion of litigation.
All communication regarding this matter should be directed to StudioIP, attorneys for
The California Beach Co., LLC. We thank you for your prompt attention to this matter. The
California Beach Co. reserves all rights to the POP ‘N GO PLAYPEN mark and the Patent, and
any offer of compromise is without prejudice to any claim or demand that may be made in the
event we are unable to reach an amicable solution.
Sincerely,
Jessie L. Pellant
EXHIBIT N
11/13/2019 Case 3:20-cv-01994 Document 1-14- Report
Amazon.com Filed 03/20/20 Page 2 of 2
Infringement
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in the Amazon Brand Registry. Amazon Brand Registry provides access to powerful tools
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Submitted Allegation of Infringement

B07W14B625: Baby Playpen, Exqline Portable Playard with Safety Mattress for Infants and Babies, Best
6-Panel Kids Playpen with Anti UV Canopy for Indoor and Outdoor Blue
B07VLLJ2P4: Baby Playpen, Exqline Portable Playard with Safety Mattress for Infants and Babies, Best 6-
Panel Kids Playpen with Anti UV Canopy for Indoor and Outdoor Gray
B07T6LYYV5: Baby Playpen, Exqline Portable Safety Kids Playpen for Infants and Babies, Foldable and
Compact with Safety Mattress Best 6-Panel Baby Playard for Indoor and Outdoor Black
B07VF94LBP: Baby Playpen, Exqline Kids Playpen with Safety Mattress and Stakes and Canopy for
Infants and Babies, Foldable and Compact 6-Panel Baby Playard for Indoor and Outdoor Orange
B07D6M1XV5: Baby Playpen, Exqline Portable Safety Kids Playpen for Infants and Babies, Foldable and
Compact Best 6-Panel Baby Playard for Indoor and Outdoor[2018 Updated New Version]
B07SBVKRJF: Baby Playpen, Exqline Best Portable Safety Kids Playpen for Infants and Babies, Foldable
and Compact 6-Panel Baby Playard for Indoor and Outdoor Blue
https://www.amazon.com/report/infringement? 1/5
EXHIBIT O
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'$7( March 20, 2020 6,*1$785(2)$77251(<2)5(&25' /s/ Helen E. Chacon

Attachment to Civil Cover Sheet
Plaintiff’s Counsel:
Helen E. Chacon
Faegre Drinker Biddle & Reath LLP
1950 University Avenue, Suite 450
East Palo Alto, CA 94303
Telephone: 650-324-6700
Jared B. Briant (Pro hac vice Application forthcoming)

Faegre Drinker Biddle & Reath LLP
1144 15th Street, Suite 3400
Denver, CO 80202
Telephone: 303-607-3500
Jessie Pellant (Pro hac vice Application forthcoming)

STUDIOIP
600 17th St., Suite 2800
Denver, CO 80202
Telephone: 720-443-1773

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Case 3:20-cv-01994 Document 1 Filed 03/20/20 Page 1 of 20

1 HELEN E. CHACON (CA SBN: 293067)

5 JARED B. BRIANT (CO SBN: 35773)*

17 THE CALIFORNIA BEACH CO., LLC., Case No.

1 CBC’S PATENT AND TRADEMARK RIGHTS

21 holding all substantial rights in the ’913 Patent. See Exhibit C.

1 DEFENDANT’S INFRINGING ACTIVITIES

1 56. As a result of Shopify’s active inducement of infringement of CBC’s rights in the

1 FIFTH CLAIM FOR RELIEF

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY

SER. NO. 88-129,425, FILED 09-24-2018

RE: Cease and Desist

To Whom It May Concern:

August 19, 2019

RE: Cease and Desist Reply

To Whom It May Concern:

November 14, 2019

RE: Cease and Desist

Dear Mr. Chen & Mr. Man,

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Submitted Allegation of Infringement

:HFRQWDFW\RXRQEHKDOIRIRXUFOLHQW7KH&DOLIRUQLD%HDFK&R KWWSVWKHFDOLIRUQLDEHDFKFRFRP LQRXUFDSDFLW\DV

'$7( March 20, 2020 6,*1$785(2)$77251(<2)5(&25' /s/ Helen E. Chacon

Attachment to Civil Cover Sheet

Jared B. Briant (Pro hac vice Application forthcoming)

Jessie Pellant (Pro hac vice Application forthcoming)

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