Boostnatics v. I-Max Trading - Complaint
Boostnatics v. I-Max Trading - Complaint
Boostnatics v. I-Max Trading - Complaint
1 wallets, cuff links, and decals, primarily with automotive themes. Boostnatics designs many of
2 its products and produces them through its manufacturing partnerships, sourcing and importing
3 other products and selling all of its products through various online retail channels, including
6 Trading Inc. (I - Max) is a California corporation headquartered at 382 N Lemon Ave Ste 119,
9 lanyards, car accessories/parts, and novelty items with an automotive theme, including on eBay
10 under the username speed_priority (and formerly speed_power). On information and belief, I
11 - Max distributes products throughout the United States, including within the State of California
14 4. This action arises under, inter alia, the patent laws of the United
16 5. This Court has original jurisdiction over the subject matter of this action
17 under 28 U.S.C. 1331 and 1338(a) because this action involves substantial claims
20 and belief, Defendant regularly conducts business in, and has continuous and systematic
21 contacts with, the State of California.
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1 DIVISIONAL ASSIGNMENT
2 8. This action arises in part due to activities in Los Angeles County, and is
4 FACTS
5 Patent-in-Suit
6 9. On February 24, 2015, the 763 Patent duly and legally issued from the United
7 Stated Patent and Trademark Office (USPTO), entitled KEYCHAIN DEVICE, to assignee
8 Boost Keychains. The patent covers an ornamental design for a keychain device and is attached
9 as Exhibit A.
10 10. Boostnatics is the owner of the 763 Patent by virtue of an assignment from
11 Boost Keychains dated July 21, 2015 and recorded with the United States Patent and
12 Trademark Office at Reel/Frame 36150/974, and Boostnatics has the right to enforce the patent
14 11. On March 15, 2016, the 283 Patent duly and legally issued from the USPTO,
17 12. The 283 Patent and the 763 patent are collectively referred to herein as the
18 Boostnatics Patents.
20 12. I - Max markets and sells Turbo Keychains, which are novelty item devices that attach to
21 keychains. Photographs of one of I - Maxs Turbo Keychains are attached Exhibit C.
22 13. On information and belief, I - Max markets and sells its Turbo Keychains
23 throughout the United States, including within and throughout the State of California, through
25 COUNT I
26 (Patent Infringement)
27 14. Boostnatics repeats and realleges each and every allegation set forth in
1 15. Defendant manufactures, uses, or offers to sell, sells, and/or induces the use of
2 the ornamental designs recited in the Boostnatics Patents, including but not limited to
4 16. Through Defendants manufacture, use, or offer to sell, sale, and/or inducement
5 of others to sell or use Defendants Turbo Keychains, Defendants have and continue to
6 infringe the claims of the Boostnatics Patents as defined by 35 U.S.C. 271(a), (b) and/or (c).
8 Boostnatics keychain device are attached as Exhibit C. The parties products are virtually
9 identical.
10 18. On information and belief, the design of Defendants Turbo Keychains were
11 not independently developed, but rather were created with knowledge of Boostnatics keychain
14 will continue to suffer damage until this Court enjoins the infringing conduct.
15 20. In letters dated January 13, 2016, Boostnatics has provided actual notice to I -
17 21. To the extent that I - Max has continued its infringing activities, such
19 U.S.C. 284.
22 23. I - Maxs infringing activity has caused Boostnatics irreparable harm and will
23 continue to cause such harm without the issuance of an injunction. Defendant will continue to
24 infringe and/or induce others to infringe the Boostnatics Patents unless enjoined by this Court.
4 Defendant, its agents, servants, employees, and other persons connected to or affiliated with
5 Defendant;
7 infringement that has occurred pursuant to 35 U.S.C. 285, which shall be trebled as a result of
13 F. Grant such other relief as this Court deems just and proper.
14 JURY DEMAND
16 Respectfully submitted,
17
EXHIBIT A
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EXHIBIT A
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FIG. 1
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FIG. 2
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FIG. 3
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FIG. 4
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FIG. 5
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FIG. 6
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EXHIBIT A
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EXHIBIT B
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EXHIBIT B
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EXHIBIT B
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EXHIBIT B
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EXHIBIT B
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FIG. 7
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EXHIBIT B
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EXHIBIT C
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EXHIBIT C
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EXHIBIT C
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