Innovative Imports v. Xtreme - Complaint

Case 5:20-cv-01473 Document 1 Filed 07/24/20 Page 1 of 18 Page ID #:1
Michael M. Ahmadshahi, Esq. (Bar No. 219933)

Email: mahmadshahi@mmaiplaw.com
AHMADSHAHI LAW OFFICES
17901 Von Karman Avenue, Suite 600
Irvine, CA 92614
Telephone: 949.556.8800
Facsimile: 949.556.8701
Attorney for Plaintiff
Innovative Imports, Inc.
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA
EASTERN DIVISION
INNOVATIVE IMPORTS, INC., a )

) Civil Action No. 5:20-cv-1473
California Corporation )
Plaintiff, ) COMPLAINT
)
) DEMAND FOR JURY TRIAL
)
v. )
)
)
XTREME INC., dba xpriteusa.com, a )
)
California Corporation )
Defendant. )
)
)
1 Plaintiff Innovative Imports, Inc. (“Innovative” or “Plaintiff”) for its causes

2 of action against defendant Xtreme, Inc. dba xpriteusa.com (“Xtreme” or
3 “Defendant”) alleges as follows:
4 JURISDICTION AND VENUE
5 1. This Court has original subject matter jurisdiction over the claims in
6 this action pursuant to 35 U.S.C. §§ 271 and 281, 15 U.S.C. §§ 1116(a), 1121, and
7 28 U.S.C. §§ 1331 and 1338 as these claims arise under the laws of the United
8 States. This Court has supplemental jurisdiction over the claims in this Complaint
9 which arise under state statutory and common law pursuant to 28 U.S.C. § 1367(a)
10 because the state law claims are so related to the federal claims that they form part
11 of the same case or controversy and derive from a common nucleus of operative
12 facts.
13 2. This Court has personal jurisdiction over Defendant because
14 Defendant has a continuous, systematic, and substantial presence within this
15 judicial district including by selling and offering for sale infringing products in
16 this judicial district, and by committing acts of infringement in this judicial
17 district, including but not limited to selling infringing light emitting diodes
18 (“LED”) whips directly to consumers and/or retailers in this district and selling
19 into the stream of commerce knowing such products would be sold in California
20 and this district, which acts form a substantial part of the events or omissions
21 giving rise to Innovative’s claim.
22 3. Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b),
23 1391(d), and 1400(b).
24 PARTIES
25 4. Plaintiff Innovative is a corporation organized and existing under the
26 laws of the State of California and has its principal place of business at 555 W.
27 Allen Ave., Ste. 10, San Dimas, CA 91773.
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2
COMPLAINT
1 5. Upon information and belief, Defendant Xtreme is a corporation

2 organized and existing under the laws of the State of California and has its
3 principal place of business at 13825 Benson Ave., Ste. A, Chino, CA 91710.
4 COMMON ALLEGATIONS
5 6. Innovative was founded in 2006 and has been engaged in the design
6 distribution, marketing, offering for sale, and sale of LED whips in interstate
7 commerce. Innovative designs and develops high quality products for demanding
8 applications such as those encountered in harsh environments. Since its founding,
9 Innovative’s engineers and designers have worked continuously to bring new
10 technology and breakthrough designs to the market.
11 7. Innovative has been actively engaged in the manufacture and sale of
12 high-quality LED whips that have enjoyed substantial success and are protected by
13 various intellectual property rights owned by Innovative.
14 8. On April 4, 2017, the United States Patent and Trademark Office
15 (“USPTO”) duly and lawfully issued United States Design Patent No. D783,191
16 (“the D191 Patent”), titled “LED Stern Light.” Innovative is the owner by
17 assignment of all right, title, and interest in the D191 Patent. A true and correct copy
18 of the D191 Patent is attached hereto as Exhibit-1.
19 9. Defendant makes, uses, sells, offers for sale, and/or imports into the
20 United States counterfeit LED whips that have infringed Innovative’s intellectual
21 property rights, including the D191 Patent.
22 10. Innovative has provided the public with constructive notice of its
23 patent rights pursuant to 35 U.S.C. § 287.
24 11. Innovative manufactures and sells LED whips comprising distinctive
25 packaging of the LEDs and their associated electronic components which serves as
26 an inherently distinctive product packaging trade dress (“INNOVATIVE Trade
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COMPLAINT
1 Dress”). An example of an Innovative product bearing the distinctive

2 INNOVATIVE Trade Dress is depicted in the photograph attached as Exhibit-2.
3 12. As a result of Innovative’s widespread use and display of the
4 INNOVATIVE Trade Dress in association with its LED whips, (a) the public has
5 come to recognize and identify LED whips bearing the INNOVATIVE Trade Dress
6 as emanating from Innovative, (b) the public recognizes that products bearing the
7 INNOVATIVE Trade Dress constitute high quality products that conform to the
8 specifications created by Innovative, and (c) the INNOVATIVE Trade Dress has
9 established strong secondary meaning and extensive goodwill.
10 13. The INNOVATIVE Trade Dress is not functional. The design features
11 embodied by the INNOVATIVE Trade Dress are not essential to the function of the
12 product, do not make the product cheaper or easier to manufacture, and do not affect
13 the quality of the product. The design of the INNOVATIVE Trade Dress is not a
14 competitive necessity.
15 14. Subsequent to Innovative’s use and adoption of the INNOVATIVE
16 Trade Dress, Defendant has developed, manufactured, imported, advertised, and/or
17 sold counterfeit products that use trade dress that is confusingly similar, if not
18 identical, to the INNOVATIVE Trade Dress.
19 15. Defendant’s acts complained of herein have caused Innovative to
20 suffer irreparable injury to its business. Innovative will continue to suffer
21 substantial loss and irreparable injury unless and until Defendant is enjoined from
22 its wrongful actions complained of herein.
23 16. Innovative is informed and believes, and on that basis, alleges, that
24 Defendant’s acts complained of herein are willful and deliberate.
25 17. Plaintiff has requested in writing that Defendant cease and desist
26 from its infringing actions but Defendant has refused to comply. Plaintiff’s letter
27 to Defendant is attached as Exhibit-3.
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COMPLAINT
1 COUNT I: PATENT INFRINGEMENT (35 U.S.C. § 271)

2 18. Plaintiff realleges and incorporates by reference the allegations of
3 paragraphs 1–17 inclusive, as though fully set forth.
4 19. This is a claim for patent infringement under 35 U.S.C. § 271.
5 20. Defendant, through its agents, employees, and servants has, and
6 continues to, knowingly, intentionally, and willfully infringe the D191 Patent by
7 making, using, selling, offering for sale, and/or importing counterfeit LED whips
8 having a design that would appear to an ordinary observer to be substantially
9 similar to the claim of the D191 Patent for example, Defendant’s counterfeit
10 Xprite 38" LED Multi-Color RGB LED Whip Light with White Anchor light for
11 Marine Boat Vessel (“Xprite 38”) as shown below, which were sold and/or offered
12 for sale, for example, on its website at https://xpriteusa.com/xprite-38-led-multi-
13 color-rgb-led-whip-light-with-white-anchor-light-for-marine-boat-vessel/, as well
14 as eBay.com and Walmart.com.
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COMPLAINT
2 Accused Product
3 Xprite 38" LED Multi-Color RGB LED Whip Light with White Anchor light for Marine Boat
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COMPLAINT
1 Innovative’s Patent
2 U.S. Pat No. D783,191
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23 21. Defendant’s acts of infringement of the D434 Patent were undertaken

24 without permission or license from Innovative. Upon information and belief,
25 Defendant had actual knowledge of Innovative’s rights in the design claimed in
26 the D191 Patent. Innovative and its iconic designs are well-known throughout the
27 LED whip industry, and Defendant’s counterfeit Xprite 38 LED whip is a nearly
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COMPLAINT
1 identical copy of Innovative’s design. Accordingly, Defendant’s actions constitute

2 willful and intentional infringement of the D191 Patent. Defendant infringed the
3 D191 Patent with reckless disregard of Innovative’s patent rights. Defendant
4 knew, or it was so obvious that Defendant should have known, that its actions
5 constituted infringement of the D191 Patent. Defendant’s acts of infringement of
6 the D191 Patent were not consistent with the standards of commerce for its
7 industry.
8 22. As a direct and proximate result of Defendant’s acts of infringement,
9 Defendant has derived and received gains, profits, and advantages in an amount
10 that is not presently known to Innovative.
11 23. Pursuant to 35 U.S.C. § 284, Innovative is entitled to damages for
12 Defendant’s infringing acts and treble damages together with interests and costs as
13 fixed by this Court.
14 24. Pursuant to 35 U.S.C. § 285, Innovative is entitled to reasonable
15 attorneys’ fees for the necessity of bringing this claim.
16 25. Pursuant to 35 U.S.C. § 289, Innovative is entitled to Defendant’s
17 total profits from Defendant’s infringement of the Asserted Patents.
18 26. Due to the aforesaid infringing acts, Innovative has suffered great and
19 irreparable injury, for which Innovative has no adequate remedy at law.
20 27. Defendant will continue to infringe Innovative’s patent rights to the
21 great and irreparable injury of Innovative, unless enjoined by this Court.
22 COUNT II: FEDERAL TRADE DRESS INFRINGEMENT (15 U.S.C.
23 § 1125(a))
25 paragraphs 1–27 inclusive, as though fully set forth.
26 29. This is a claim for trade dress infringement under 15 U.S.C. §
27 1125(a).
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COMPLAINT
1 30. Subsequent to Innovative’s use and adoption of the INNOVATIVE

2 Trade Dress, Defendant has developed, manufactured, imported, advertised,
3 and/or sold products that use trade dress that is confusingly similar, if not
4 identical, to the INNOVATIVE Trade Dress. As shown below, for example,
5 Defendant’s counterfeit Xprite 38 LED whip, which were sold and/or offered for
6 sale on Defendant’s website at https://xpriteusa.com/xprite-38-led-multi-color-
7 rgb-led-whip-light-with-white-anchor-light-for-marine-boat-vessel/, as well as
8 eBay.com and Walmart.com, are confusingly similar, if not identical, to
9 Innovative’s INNOVATIVE Trade Dress.
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Accused Product
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Xprite 38" LED Multi-Color RGB LED Whip Light with White Anchor light for Marine Boat
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COMPLAINT
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INNOVATIVE Trade Dress
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COMPLAINT
1 31. Defendant’s use of a trade dress that is confusingly similar, if not

2 identical, to the INNOVATIVE Trade Dress in connection with its LED whips is
3 likely to cause confusion, or to cause mistake, or to deceive as to the affiliation,
4 connection, or association of Defendant with Innovative.
5 32. Defendant’s use of a trade dress that is confusingly similar, if not
6 identical, to the INNOVATIVE Trade Dress without Innovative’s consent
7 constitutes a false designation of origin, false or misleading description of fact, or
8 false or misleading representation of fact, which is likely to cause confusion, or to
9 cause mistake, or to deceive as to the affiliation, connection, or association of such
10 person with another person, or as to the origin, sponsorship, or approval of his or
11 her goods or commercial activities by another person in violation of 15 U.S.C. §
12 1125(a).
13 33. Such conduct by Defendant is likely to confuse, mislead, and deceive
14 Defendant’s customers, purchasers, and members of the public as to the origin of
15 the Defendant’s counterfeit products or cause said persons to believe that
16 Defendant and/or its counterfeit products have been sponsored, approved,
17 authorized, or licensed by Innovative or are in some way affiliated or connected
18 with Innovative, all in violation of 15 U.S.C. § 1125(a) and constitutes unfair
19 competition with Innovative.
20 34. Innovative is informed and believes, and thereon alleges, that
21 Defendant’s acts of trade dress infringement and unfair competition were
22 undertaken willfully with the express intent to cause confusion, and to mislead
23 and deceive the purchasing public.
24 35. Innovative is informed and believes, and thereon alleges, that
25 Defendant has derived and received, and will continue to derive and receive,
26 gains, profits, and advantages from Defendant’s trade dress infringement and
27 unfair competition in an amount that is not presently known to Innovative. By
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COMPLAINT
1 reason of Defendant’s actions constituting trade dress infringement, Innovative

2 has been damaged and is entitled to monetary relief in an amount to be determined
3 at trial.
4 36. Due to Defendant’s actions constituting trade dress infringement and
5 unfair competition, Innovative has suffered and continues to suffer great and
6 irreparable injury, for which Innovative has no adequate remedy at law.
7 37. Pursuant to 15 U.S.C. § 1117, Innovative is entitled to damages for
8 Defendant’s infringing acts, up to three times actual damages as fixed by this
9 Court, and its reasonable attorneys’ fees for the necessity of bringing this claim.
10 COUNT III: CALIFORNIA STATUTORY UNFAIR COMPETITION (B&P
11 CODE § 17200 et seq.)
13 paragraphs 1-37 inclusive, as though fully set forth.
14 39. This claim is for unfair competition, arising under California Business
15 & Professions Code § 17200, et seq.
16 40. By using the INNOVATIVE Trade Dress, the Defendant has
17 wrongfully appropriated, adopted and used the Plaintiff’s INNOVATIVE Trade
18 Dress in connection with the sale and offering for sale of its goods and is likely to
19 confuse or mislead consumers into believing that Defendant’s goods are authorized,
20 licensed, affiliated, sponsored, and/or approved by Plaintiff, thus constituting a
21 violation of the California Unfair Competition Law (B&P Code § 17200 et seq.).
22 41. The deceptive, unfair and fraudulent practices set forth herein have
23 been undertaken with knowledge by Defendant willfully with the intention of
24 causing harm to Plaintiff and for the calculated purpose of misappropriating
25 Plaintiff’s goodwill and business reputation.
26 42. Defendant’s use of Plaintiff’s INNOVATIVE Trade Dress has
27 deprived Plaintiff of the right to control the use of its intellectual property.
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COMPLAINT
1 43. As a direct and proximate result of Defendant’s unlawful infringement,

2 Plaintiff has suffered damages and will continue to suffer damages in an amount
3 that is not presently ascertainable but will be proven at trial. Plaintiff is entitled to
4 all available relief provided for in California Unfair Competition Law (B&P Code
5 § 17200 et seq.) including permanent injunctive relief.
6 44. Defendant committed the acts alleged herein intentionally,
7 fraudulently, maliciously, willfully, wantonly and oppressively, with intent to injure
8 Plaintiff in its business and with conscious disregard for Plaintiff’s rights, thereby
9 justifying awards of punitive and exemplary damages in amounts sufficient to
10 punish and to set an example for others.
11 COUNT IV: CALIFORNIA COMMON LAW UNFAIR COMPETITION
13 paragraphs 1-44 inclusive, as though fully set forth.
14 46. This claim is for unfair competition, arising under California common
15 law.
16 47. Defendant’s infringement of the INNOVATIVE Trade Dress by using
17 the INNOVATIVE Trade Dress constitutes unfair competition in violation of the
18 common law of the state of California.
19 48. Defendant is a competitor of Plaintiff and has copied Plaintiff’s trade
20 dress in an effort to exploit Plaintiff’s reputation in the market.
21 49. Defendant’s infringing acts were intended to capitalize on Plaintiff’s
22 goodwill associated therewith for Defendant’s own pecuniary gain. Plaintiff has
23 expended substantial time, resources and effort to obtain an excellent reputation for
24 its brands of LED whips. As a result of Plaintiff’s efforts, Defendant is now unjustly
25 enriched and is benefiting from property rights that rightfully belong to Plaintiff.
26 50. Defendant’s acts are willful, deliberate, and intended to confuse the
27 public and to injure Plaintiff.
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COMPLAINT
1 51. Plaintiff has no adequate remedy at law to compensate it fully for the
2 damages that have been caused and which will continue to be caused by
3 Defendant’s infringing conduct, unless they are enjoined by this Court.
4 52. The conduct herein complained of was extreme, outrageous, and was
5 inflicted on Plaintiff in reckless disregard of Plaintiff’s rights. Said conduct was
6 despicable and harmful to Plaintiff and as such supports an award of exemplary and
7 punitive damages in an amount sufficient to punish and make an example of
8 Defendant and to deter it from similar such conduct in the future.
9 53. In light of the foregoing, Plaintiff is entitled to injunctive relief
10 prohibiting Defendant from infringing Plaintiff’s trade dress and to recover all
11 damages, including attorneys’ fees, that Plaintiff has sustained and will sustain, and
12 all gains, profits and advantages obtained by Defendant as a result of its infringing
13 acts alleged above in an amount not yet known, and the costs of this action.
14 REQUEST FOR RELIEF
15 WHEREFORE, in consideration of the foregoing, Plaintiff respectfully
16 requests that this Court enter an Order granting it the following relief:
17 A. An Order adjudging Defendant to have willfully infringed the D191
18 Patent under 35 U.S.C. § 271;
19 B. A preliminary and permanent injunction enjoining Defendant, its
20 respective officers, directors, agents, servants, employees, and attorneys, and those
21 persons in active concert or participation with Defendant, from directly or indirectly
22 infringing the D191 Patent in violation of 35 U.S.C. § 271, including, for example,
23 through the manufacture, use, sale, offer for sale, and/or importation of Defendant’s
24 counterfeit Xprite 38 LED whips, and any counterfeit products that are not
25 colorably different form these products;
26 C. That Defendant account for all gains, profits, and advantages derived
27 by Defendant’s infringement of the D191 Patent in violation of 35 U.S.C. § 271,
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COMPLAINT
1 and that Defendant pay to Innovative all damages suffered by Innovative and/or
2 Defendant’s total profit from such infringement pursuant to 35 U.S.C. §§ 284 and
3 289;
4 D. That the Court find for Innovative and against Defendant on
5 Innovative’s claims of trade dress infringement and unfair competition under 15
6 U.S.C. § 1125(a);
7 E. That the Court issue a preliminary and permanent injunction against
8 Defendant, its agents, servants, employees, representatives, successors, and assigns,
9 and all persons, firms, or corporations in active concert or participation with
10 Defendant, enjoining them from engaging in the following activities and from
11 assisting or inducing, directly or indirectly, others to engage in the following
12 activities:
13 1. Manufacturing, importing, marketing, displaying, distributing,
14 offering to sell, and/or selling Defendant’s counterfeit Xprite 38
15 LED whips shown above and any counterfeit products that are not
16 colorably different therefrom;
17 2. using Innovative’s INNOVATIVE Trade Dress, and any other
18 trade dress that is confusingly similar to Innovative’s
19 INNOVATIVE Trade Dress;
20 3. unfairly competing with Innovative in any manner whatsoever;
21 4. causing a likelihood of confusion or injuries to Innovative’s
22 business reputation;
23 5. manufacturing, importing, marketing, advertising, displaying,
24 distributing, offering to sell, and/or selling any goods that infringe
25 Innovative’s INNOVATIVE Trade Dress;
26 F. That an accounting be ordered to determine Defendant’s profits
27 resulting from its trade dress infringement and unfair competition;
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COMPLAINT
1 G. That Innovative be awarded monetary relief in an amount to be fixed

2 by the Court under 15 U.S.C. § 1117, including:
3 1. all profits received by Defendant from sales and revenues of any
4 kind made as a result of its infringing actions;
5 2. all damages sustained by Innovative as a result of Defendant’s acts
6 of trade dress infringement, and that such damages be trebled;
7 3. the costs of this action;
8 H. That such damages and profits be trebled and awarded to Innovative
9 pursuant to 15 U.S.C. § 1117;
10 I. An Order adjudging that this is an exceptional case, including each of
11 Innovative’s patent infringement and Lanham Act claims;
12 J. That, because of the exceptional nature of this case resulting from
13 Defendant’s deliberate infringing actions, this Court award to Innovative all
14 reasonable attorneys’ fees, costs, and disbursements incurred as a result of this
15 action, pursuant to 15 U.S.C. § 1117;
16 K. That Innovative recover exemplary damages pursuant to California
17 Civil Code § 3294;
18 L. An Order for a trebling of damages and/or exemplary damages because
19 of Defendant’s willful conduct pursuant to 35 U.S.C. § 284;
20 M. An award to Innovative of the attorneys’ fees, expenses, and costs
21 incurred by Innovative in connection with this action pursuant to 35 U.S.C. § 285;
22 N. An award of pre-judgment and post-judgment interest and costs of this
23 action against Defendant; and
24 O. Granting Plaintiff such other and further relief as the Court may deem
25 just.
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COMPLAINT
1
Respectfully submitted,
2 Dated: July 24, 2020, AHMADSHAHI LAW OFFICES
3
4 By: /s/Michael M. Ahmadshahi

Michael M. Ahmadshahi, PhD, Esq.
5
Attorney for Plaintiff
6 Innovative Imports, Inc.
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COMPLAINT
1 DEMAND FOR JURY TRIAL

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3 Pursuant to Fed. R. Civ. P. 38(b), Plaintiff demands a trial by jury on all

4 matters to which it is entitled by law.
5
6 Dated: July 24, 2020,

7
By: /s/ Michael M. Ahmadshahi
8 Michael M. Ahmadshahi, Esq.
9 Michael M. Ahmadshahi, Esq.
2030 Main Street, Ste. 1300
10 Irvine, CA 92614
Telephone: 949.260.4997
11 Facsimile: 949.260.4996
Email: mahmadshahi@mmaiplaw.com
12 Attorney for Plaintiff
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COMPLAINT
EXHIBIT-1
Case 5:20-cv-01473 Document 1-1 Filed 07/24/20 Page 1 of 5 Page ID #:19
EXHIBIT-2
EXHIBIT-3
MICHAEL M. AHMADSHAHI, Ph.D.

LAW OFFICES OF MICHAEL M. AHMADSHAHI, A.P.C.
AN INTELLECTUAL PROPERTY LAW CORPORATION
17901 Von Karman Ave., Ste. 600 9701 Wilshire Blvd., Ste. 1000
Irvine, CA 92614 Beverly Hills, CA 90212
Tel.: 949.556.8800 Tel.: 800.747.6081
Website: www.mmaiplaw.com; Email: mahmadshahi@mmaiplaw.com; Fax: 949.556.8701
Via Email and Overnight Mail

July 9, 2020
Luffy Zongxian Liu, CEO

Xtreme, Inc.
Dba Xpriteusa.com
13825 Benson Ave., Ste. A
Chino, CA 91710
customerservive@xpriteusa.com
xtremeincorporation@gmail.com
RE: Infringement of U.S. Patent No. D783,191
Dear Mr. Liu:
My firm represents Innovative Imports, Inc. (“Client” or “INNOVATIVE”) in connection

with intellectual property and business matters. INNOVATIVE was founded in 2006 and has
established market recognition and market presence that it protects rigorously. INNOVATIVE is
a reputable company that manufactures state-of-the-art LED whip products. INNOVATIVE
maintains a dedicated engineering staff to design and develop high quality products for demanding
applications, such as those encountered in harsh environments. To meet this challenge,
INNOVATIVE invests capital, time, and effort to design, test, and evaluate all manufactured units.
In order to protect its investment, INNOVATIVE maintains one or more patents on its products,
including the U.S. Pat. No. D783,191 (“the ’191 Patent”). Exhibit-1 is a true and correct copy of
the ’191 Patent.
Our Client recently became aware that your company, Xtreme, Inc. dba Xpriteusa.com
(“XTREME”) is making, using, offering to sell, selling, and/or importing certain counterfeit LED
whip products (“INFRINGING PRODUCTS”) that are identical to INNOVATIVE’s patented
LED whip products, thereby, infringing the ’191 Patent pursuant to 35 U.S.C. § 271. Exhibit-2 is
a true and correct copy of samples of your INFRINGING PRODUCTS which are sold on
Xpriteusa.com, eBay.com, and Walmart.com.
While INNOVATIVE regards this matter as very serious, we hope to resolve it on a cordial
basis, without the expense and inconvenience of adversarial proceedings. We are therefore writing
to ask that you immediately comply with the following demands:
(1) Cease and desist from making, using, offering to sell, selling, and/or importing LED
whip products, including the INFRINGING PRODUCTS, that infringe the ’191 Patent;
(2) Identify by name, address, telephone number, and/or principal place of business of
all persons and entities having knowledge of the INFRINGING PRODUCTS, including, but not
limited to, manufacturers, suppliers, distributors, and/or resellers of the INFRINGING
PRODUCTS;
1/2
(3) Turn over to our Client all similar products in your possession; and
(4) Provide a full written accounting of all sales and/or revenues made to date from the
above-mentioned infringement acts, including, but not limited to, number of units sold, number of
units in inventory, sales price, and price paid for the INFRINGING PRODUCTS.
This letter, and the statements made herein, are for purposes of resolving a disputed claim.
Nothing herein shall be construed as an admission by Client or as a waiver of any legal, equitable,
or factual claim or defense, all of which are hereby expressly reserved.
Thank you for your attention and I look forward to your written response. As time is of the
essence, I request that you respond to this correspondence within seven (7) days.
Very truly yours,
__________________________
MICHAEL M. AHMADSHAHI, PhD, Esq.
17901 Von Karman Avenue, Suite 600
Irvine, CA 92614
Tel.: 949.556.8800
Fax: 949.556-8701
2/2
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Case 5:20-cv-01473 Document 1 Filed 07/24/20 Page 1 of 18 Page ID #:1

Michael M. Ahmadshahi, Esq. (Bar No. 219933)

UNITED STATES DISTRICT COURT

INNOVATIVE IMPORTS, INC., a )

1 Plaintiff Innovative Imports, Inc. (“Innovative” or “Plaintiff”) for its causes

1 5. Upon information and belief, Defendant Xtreme is a corporation

1 Dress”). An example of an Innovative product bearing the distinctive

1 COUNT I: PATENT INFRINGEMENT (35 U.S.C. § 271)

23 21. Defendant’s acts of infringement of the D434 Patent were undertaken

1 identical copy of Innovative’s design. Accordingly, Defendant’s actions constitute

1 30. Subsequent to Innovative’s use and adoption of the INNOVATIVE

1 31. Defendant’s use of a trade dress that is confusingly similar, if not

1 reason of Defendant’s actions constituting trade dress infringement, Innovative

1 43. As a direct and proximate result of Defendant’s unlawful infringement,

1 G. That Innovative be awarded monetary relief in an amount to be fixed

4 By: /s/Michael M. Ahmadshahi

1 DEMAND FOR JURY TRIAL

3 Pursuant to Fed. R. Civ. P. 38(b), Plaintiff demands a trial by jury on all

6 Dated: July 24, 2020,

MICHAEL M. AHMADSHAHI, Ph.D.

Via Email and Overnight Mail

Luffy Zongxian Liu, CEO

RE: Infringement of U.S. Patent No. D783,191

Dear Mr. Liu:

My firm represents Innovative Imports, Inc. (“Client” or “INNOVATIVE”) in connection

Very truly yours,

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