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1 claimed in United States Design Patent No. D642,743 (the 743 Patent or the patent-in-suit), 2 entitled Cosmetic Holder including the right to sue for past infringement. Defendant has used and 3 continues to use Z Produxs patented designs in products that it makes, uses, sells, and offers to sell, 4 without Z Produxs permission. Z Produx seeks damages and/or a disgorgement of Defendants total 5 profits for patent infringement and an injunction preventing Defendant from making, using, selling, or 6 offering to sell, and from inducing others to make, use, sell, or offer to sell Z Produxs patented 7 designs without permission. 8 9
2. JURISDICTION & VENUE This is an action for patent infringement arising under the patent laws of the United

10 States, 35 U.S.C. 1, et seq. The Court has original jurisdiction over this patent infringement action 11 pursuant to 28 U.S.C. 1331, 1338(a). 12
3. This Court has personal jurisdiction over Defendant and venue in this judicial district is

13 proper because, on information and belief, Defendant engages in continuous and systematic business 14 within the United States and within this judicial district and/or Defendant has placed infringing 15 products into the stream of commerce by selling and/or offering to sell products into the United States 16 and this judicial district with knowledge that such products would be shipped into and/or used in the 17 United States and this judicial district. 18 19
4. PLAINTIFF Z PRODUX Z Produx is a corporation organized and existing under the laws of the State of

20 California, with its principal place of business in Sherman Oaks, California. 21

5. Z Produxs Z Palette product line was conceived and designed by Zena Shteysel, a

22 make-up artist who has worked with Laila Ali, Mel B., Kelly Osbourne, Melissa Joan Hart, and 23 Brooke Burke to name a few. An image of the Z Palette Black Large Palette appears below: 24 25 26 27 28
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COMPLAINT FOR PATENT INFRINGEMENT

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6. Z Produxs designs are embodied in the line of Z Palette products, which are

10 customizable empty makeup palettes which have an open bottom to fit the colorpans that the user 11 chooses. Z Produxs Z Palette line is sold online on its website, www.zpalette.com, and at retailers 12 such as Alcone LLC, Naimies Beauty Supply, Beauty.com, Cinema Secrets, Makeup Mania, Nigels 13 Beauty Supply, MakeupGeek.com and Frends Beauty Supply. 14
7. Z Produx launched its Z Palette line in May 2009. Z Palette quickly became a

15 success, being touted as stylish and Z Greatest in beauty and make-up magazines. For example, Z 16 Palette was featured in the Spring 2010 issue of GenLux as GenLuxs Beauty Editors Picks. Z 17 Palette also appeared in America Salon in April 2011, Self Magazine in March 2011, Juicy 18 Magazine in January 2011, Beauty Store Business in January 2011, yhc in July 2010, America Salon 19 in June 2010, Make-Up Artist in Issue #83 and in TTLRN in April 2010. Furthermore, the Z Palette 20 has been praised by Jennifer Grey, Laila Ali, Kate Gosselin, Chelsie Hightower, Brandy and others. 21 22
8. Z PRODUXS DESIGN PATENTS The United States Patent and Trademark Office issued the 743 Patent on August 2,

23 2011. A copy of the 743 Patent is attached hereto as Exhibit A. Z Produx is the owner by 24 assignment of all right, title, and interest in the 743 Patent, including the right to sue for past 25 infringement. 26
9. Z Produx has complied with the statutory requirement of placing a notice of the patent-

27 in-suit on all necessary products it manufactures and sells. 28

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COMPLAINT FOR PATENT INFRINGEMENT

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10.

DEFENDANT MAC On information and belief, MAC is a corporation organized and existing under the laws

3 of the State of Delaware, with its principal place of business in Melville, New York. Further, MAC is 4 registered to do business in the State of California, maintaining as its agent for service of process CSC 5 Lawyers Incorporating Service located at 2710 Gateway Oaks Drive, Suite 150N, Sacramento, 6 California 95833. 7 8
11. MACS ACTS OF INFRINGEMENT Defendant has used and continues to use the designs of the patent-in-suit in products

9 that it makes, uses, sells, and offers to sell, without Z Produxs permission, including, without 10 limitation, Defendants Pro Palette Large/Single (having UPC 7-73602-23605-3) (the Knock-Off 11 Palette). An image of the Knock-Off Palette appears below: 12 13 14 15 16 17 18 19 20 21
12. On information and belief, MAC intentionally designed the Knock-Off Palette to copy

22 the design embodied by the patent-in-suit, in order to trade off of the innovative, patented designs that 23 are associated with Z Produxs Z Palette line of make-up palettes. The design of the Knock-Off24 Palette is strikingly similar to the design of Z Produxs Z Palette line of make-up palettes and the 25 design embodied by the patent-in-suit. 26 27 28
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COMPLAINT FOR PATENT INFRINGEMENT

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COUNT I DESIGN PATENT INFRINGEMENT, 35 U.S.C. 271 Z Produx incorporates the allegations contained in paragraphs 1 through 12 as though

4 fully set forth herein. 5

14. MAC has been and, on information and belief, still is making, using, offering to sell,

6 selling, and/or importing in the State of California, this judicial district and elsewhere in the United 7 States, Knock-Off-Palettes that infringe the 743 Patent in violation of 35 U.S.C. 27l(a). 8
15. On information and belief, MAC has been and is now indirectly infringing the 743

9 Patent pursuant to 35 U.S.C. 271(b) and/or (c) by intentionally inducing infringement and/or 10 contributing to the infringement of the 743 Patent in the State of California, this judicial district, and 11 elsewhere in the United States by providing and/or selling the Knock-Off-Palettes to customers and/or 12 users of those products. 13
16. On information and belief, MACs infringement has been intentional and willful,

14 making this an exceptional case. 15

17. Z Produx has been damaged and injured by Defendants infringement of the 743

16 Patent. Because of its infringing acts and for its unauthorized use of the inventions claimed in the 17 743 Patent, Defendant is liable to Z Produx for damages in an amount no less than a reasonable 18 royalty. 19
18. By reason of MACs infringement, Z Produx has suffered, and unless MACs conduct

20 is permanently enjoined, will continue to suffer, actual damages and irreparable harm, as to which it 21 has no adequate remedy at law. 22 23 24 25
1. 2. PRAYER FOR RELIEF WHEREFORE, Z Produx respectfully requests that this Court: Enter judgment in favor of Z Produx; Permanently enjoin MAC and its predecessors, successors, divisions, subsidiaries, or

26 joint ventures thereof, together with any and all parent or affiliated companies or corporations, and all 27 officers, directors, employees, agents, attorneys, representatives, those acting in privity or concern 28 with MAC, or on its behalf, from further infringing the 743 Patent, and from inducing others to
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COMPLAINT FOR PATENT INFRINGEMENT

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