IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION Civil Action

No. 1:13-cv-62 ____________________________________ ) i play. inc. ) a North Carolina Corporation, ) ) COMPLAINT FOR PATENT Plaintiff, ) INFRINGMENT AND UNFAIR AND ) DECEPTIVE TRADE PRACTICES v. ) ) Winc Design Limited, ) a Hong Kong Corporation, ) and Pure Precision Limited, ) a British Virgin Islands Corporation, ) ) Defendants. ) ____________________________________)

COMPLAINT FOR PATENT INFRINGEMENT, AND UNFAIR AND DECEPTIVE TRADE PRACTICES Plaintiff, i play. inc., ("i play." or "Plaintiff"), through counsel, by way of Complaint against Defendant Winc Design Limited, ("Winc Design") and Defendant Pure Precision Limited, (Pure Precision) or collectively, Defendants, hereby alleges as follows: NATURE OF ACTION 1. This is an action for patent infringement arising under the Patent Laws of

the United States, 35 U.S.C. 1, et seq. THE PARTIES 2. Plaintiff, i play., Inc., is a North Carolina corporation with its principal

place of business in Asheville, North Carolina.

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3.

Plaintiff is a designer, developer and seller of high quality, healthy and

environmentally-friendly clothing and products for infants and children. 4. On information and belief, Defendant Winc Design Limited, is a Hong

Kong corporation with its principal place of business at Unit O, 7th Floor, Kaiser Estate Phase III, 11, Hok Yuen Street, Hung Hom, Hong Kong. 5. On information and belief, Defendant Pure Precision Limited, is a British

Virgin Island corporation with its principal place of business at P.O. Box 957, Offshore Incorporations Center Road Town, Tortola, British Virgin Islands. 6. The packaging for the product prominently mentions Charlie Banana,

which is a U.S. registered trademark (Reg. No. 3,889,175). Pure Precision owns the trademark for Charlie Banana, which is used on the infringing product packaging. By an assignment dated 4/28/2011 and recorded 1/9/2012, U.S. federal trademark Reg. No. 3,889,175 was assigned from Winc Design Limited to Pure Precision Limited.

JURISDICTION AND VENUE 7. This is an action for patent infringement arising under the patent laws of

the United States, Title 35 of the United States Code. This Court has jurisdiction over the subject matter of this action under 35 U.S.C. 101 et seq. and 28 U.S.C. 1331 and 1338(a). Venue is proper in this judicial district under 28 U.S.C. 1391(b), (c) and 1400(b). 8. This Court has personal jurisdiction over Defendants and venue is

proper in this District, because Defendants maintain systematic and continuous contacts with this District, and because Defendants have committed substantial acts of infringement in this District. Infringing products sold by Defendants under the -2Case 1:13-cv-00062 Document 1 Filed 03/08/13 Page 2 of 6

Charlie Banana trademark are being sold in this district at a Target store located at 115 River Hills Road, Asheville, North Carolina 28805, and are offered for sale online in this district. These acts relate to reusable swim diaper products that are covered by one or more claims of certain patents that are exclusively licensed in all fields of use to i play. Defendants acts of infringement have caused specific damages in this jurisdiction including, at least, lost sales of patented i play. reusable swim diapers that are designed and marketed by i play in this District.

COUNT I - INFRINGEMENT OF U.S. PATENT NO. 7,678,094 9. i play. repeats and re-alleges the allegations of all of the preceding

paragraphs as if fully set forth herein. 10. On March 16, 2010, United States Patent No. 7,678,094 (hereinafter

referred to as the "'094 Patent"), titled REUSABLE SWIM DIAPER, was duly and legally issued by the United States Patent and Trademark Office. A true and correct copy of the '094 Patent is attached as Exhibit A to this Complaint. 11. i play. is the owner of the '094 Patent, by an Assignment recorded on

March 7, 2013. 12. i play. has designed and has swim diapers manufactured for it in

accordance with the '094 Patent, and sells such swim diapers under its i play. trademark as "Ultimate Swim Diaper." Hang tags attached to i play.'s "Ultimate Swim Diaper" product are marked "protected by US patent No. 7,678,094." 13. Upon information and belief, Defendants have in the past and continue to

infringe at least Claim 1 and other claims of the '094 Patent by importing, making, using,

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selling and offering to sell in this judicial district and elsewhere in the United States a reusable swim diaper possessing all of the elements of at least these claims. 14. Defendants acts of infringement have injured and damaged i play. in

an amount to be proven at trial. 15. Upon informaton and belief, Defendants have had at least constructive

knowledge of the 094 patent, and Defendants infringement has been and continues to be willful. 16. Defendants infringement has caused irreparable injury to i play. and

will continue to cause irreparable injury to it unless Defendants are enjoined from further infringement by this Court.

COUNT 2 - UNFAIR COMPETITION AND UNFAIR AND DECEPTIVE TRADE PRACTICES 17. Plaintiff repeats and incorporates by reference the allegations of

paragraphs 1 through 16 of this Complaint. 18. Defendants actions in infringing the '094 Patent constitute unfair

competition and unfair and deceptive trade practices as defined by the laws of the United States of America and the State of North Carolina, including but not limited to N.C.G.S. 75.1-1. 19. Plaintiff has been damaged in an amount in excess of $75,000.00 as the

direct and proximate result of Defendants unfair completion and unfair and deceptive trade practices.

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20.

Plaintiff is entitled to recovery of treble damages and, in the discretions of

the Court, reasonable attorneys fees by virtue of Defendants unfair and deceptive trade practices. EXCEPTIONAL CASE 21. Defendants infringement of the 094 Patent and the circumstances

surrounding that infringement render this case exceptional under 35 U.S.C. 285, and i play. is therefore entitled to their reasonable attorneys fees and costs.

JURY DEMAND 22. Pursuant to Rule 38 of the Federal Rules of Civil Procedure, i play.

demands a trial by jury on all issues triable as such.

PRAYER FOR RELIEF WHEREFORE, i play. respectfully demands judgment for itself and against Defendants as follows: A. For a permanent injunction preventing the Defendants and their

officers, directors, agents, servants, employees, attorneys, licensees, successors, assigns, and customers, and those in active concert or participation with the Defendants, from infringing any claim of the 094 Patent, pursuant to 35 U.S.C. 283; B. C. An adjudication that Defendants have infringed the '094 Patent; An award of damages to be paid by Defendants adequate to compensate

i play. for Defendants past infringements of the '094 Patent and any continuing or future infringement through the date such judgment is entered, including interest, costs,

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expenses and enhanced damages for any willful infringement as justified under 35 U.S.C. 284 and an accounting of all infringing acts including, but not limited to, those acts not presented at trial; D. For enhanced damages pursuant to 35 U.S.C. 284, including

enhanced damages based upon the willful nature of Defendants infringement; E. A declaration that this case is exceptional under 35 U.S.C. 285, and an

award of Plaintiff's costs and reasonable attorneys' fees; and F. G. For trial by jury; and An award to i play. of such further relief at law or in equity as the Court

deems just and proper.

This 8th day of March, 2013.

By: _s/ David M. Wilkerson Steven C. Schnedler, NC Bar No. 16957 Larry S. McDevitt NC. Bar No. 5032 David M. Wilkerson, NC Bar No. 35742 Attorneys for Plaintiff THE VAN WINKLE LAW FIRM 11 North Market Street Asheville, NC 28801 Telephone: 828-258-2991 Facsimile: 828-255-0255 Email: sschnedler@vwlawfirm.com Email: lmcdevitt@vwlawfirm.com Email: dwilkerson@vwlawfirm.com

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