Case 8:14-cv-01804 Document 1 Filed 11/12/14 Page 1 of 6 Page ID #:1

1 Heedong Chae (SBN: 263237)

Email: hdchae@ewpat.com
2
Chong Roh (SBN: 242437)
3 Email: croh@ewpat.com
East West Law Group PC
4
3600 Wilshire Blvd., STE. 2228
5 Los Angeles, CA 90010
Phone: 213-387-3630
6
Fax: 213-387-3636
7
8 Attorneys for Plaintiff,
Spigen, Inc.
9
UNITED STATES DISTRICT COURT
10
CENTRAL DISTRICT OF CALIFORNIA
11
12 SPIGEN, INC., a California corporation, CASE No.:
13

Plaintiff,

14

COMPLAINT FOR COPYRIGHT

INFRINGEMENT

v.

15

JURY TRIAL DEMANDED

16 R&Y GROUP, LLC, a Florida limited

liability company; GROUPON, INC., a
17 Delaware corporation; DOES 1 though
18 10, inclusive,
19

Defendants.

20
21

Plaintiff SPIGEN, INC. (Plaintiff), for its Complaint for Copyright

22
23

Infringement against Defendants R&Y GROUP, LLC and GROUPON, INC.

24 (Defendants), alleges as follows:

25
26

JURISDICTION AND VENUE

1.

This action arises under the Copyright Act of 1976, Title 17 U.S.C.

27 101 et seq.
28
2.
This Court has federal question jurisdiction pursuant to 28 U.S.C.

Case 8:14-cv-01804 Document 1 Filed 11/12/14 Page 2 of 6 Page ID #:2

1 1331 and 1338(a) and (b).

2

3.

This Court has personal jurisdiction over all the Defendants by virtue of

3 their transacting, doing, and soliciting business in this District, and because a
4 substantial part of the relevant events occurred in this District.
5

4.

Venue is proper in this District pursuant to 28 U.S.C. 1391(b),

6 1391(c), 1391(d), and 1400(b).

7
8

PARTIES
5.

Plaintiff, SPIGEN, INC. (hereinafter Spigen or Plaintiff), is a

9 corporation organized and existing under the laws of the State of California, with its
10 principal place of business at 9838 Research Dr., Irvine, CA 92618.
11

6.

Plaintiff is informed and believes, and thereon alleges, that defendant,

12 R&Y GROUP, LLC (R&Y) is a limited liability company organized and existing
13 under the laws of the State of Florida, with its principal place of business at 19555
14 NE 10th Ave., Miami, FL 33179.
15

7.

Plaintiff is informed and believes, and thereon alleges, that defendant

16 GROUPON, INC. (Groupon) is a corporation organized and existing under the

17 laws of the State of Delaware, with principal place of business at 600 W. Chicago
18 Ave., Chicago, IL 60654.
19

8.

Plaintiff is unaware of the true names and capacities, whether

20 individual, corporate, or otherwise, of the Defendants named herein as Does 1

21 through 10, inclusive, but is informed and believes, and thereon alleges, that each of
22 the fictitiously named defendants engaged in, or is in some manner responsible for,
23 the wrongful conduct alleged herein. Plaintiff therefore sues these defendants by
24 such fictitious names and will amend this complaint to state their true names and
25 capacities when such names have been discovered.
26
27

CLAIM FOR COPYRIGHT INFRINGEMENT

9.

Plaintiff is a leading manufacturer of cell phone cases and well known

28 for its quality products.

2

Case 8:14-cv-01804 Document 1 Filed 11/12/14 Page 3 of 6 Page ID #:3

10.

Plaintiff owns an original two-dimensional artwork used for purposes of

2 cell phone case design entitled Spigen Case Inner Pattern Design (Subject
3 Design). Plaintiff has applied for copyright registration for the Subject Design,
4 Application No. 1-1892300921.
5

11.

Plaintiff has applied for design patent applications with the United

6 States Patent and Trademark Office for its cell phone case (Spigen Cases).
7

12.

Prior to the acts complained of herein, Plaintiff has sold cell phone cases

8 bearing the Subject Design and the Spigen Cases to numerous parties in the industry.
9

13.

Plaintiff is informed and believes and thereon alleges that, following

10 this distribution of the Spigen Cases and products bearing the Subject Design, R&Y,
11 Groupon, and DOE Defendants created, manufactured, caused to be manufactured,
12 imported, distributed, and/or sold cell phone cases bearing a design which is
13 identical, or substantially similar, to the Subject Design without Plaintiffs
14 authorization (hereinafter "Subject Product").
15

14.

Subject Product includes but is not limited to cell phone cases sold by

16 R&Y and Groupon under the brand name MOGOLIFE.

17

15.

An image of the Subject Design and an exemplar of the Subject Product

18 are set forth in Exhibit A.

19

16.

The Subject Product is so strikingly identical or substantially similar to

20 the Spigen Case bearing the Subject Design that the Subject Product is the result of
21 unlawful copying. An image of the Spigen Case and an exemplar of the Subject
22 Product are set forth in Exhibit B.
23

17.

Plaintiff is informed and believes and thereon alleges that Defendants,

24 and each of them, had access to Plaintiffs cell phone cases and the Spigen Cases
25 distributed on the market.
26

18.

Plaintiff is informed and believes and thereon alleges that Defendants,

27 and each of them, infringed Plaintiffs copyright by creating, making and/or

28 developing directly infringing and/or derivative works from the Subject Design and
3

Case 8:14-cv-01804 Document 1 Filed 11/12/14 Page 4 of 6 Page ID #:4

1 by producing, distributing and/or selling cell phone cases which infringe the Subject
2 Design.
3

19.

Due to Defendants acts of infringement, Plaintiff has suffered damages

4 in an amount to be established at trial.

5

20.

Due to Defendants acts of copyright infringement as alleged herein,

6 Defendants, and each of them, have obtained profits they would not otherwise have
7 realized but for their infringement of the Subject Design.
8

21.

Plaintiff is informed and believes and thereon alleges that the

9 infringement of its copyrighted design was willful, reckless, and/or in blatant

10 disregard for its rights as a copyright holder such that a finding of willful copyright
11 infringement is warranted.
12
13

PRAYER FOR RELIEF

WHEREFORE, in consideration of the foregoing, Plaintiff prays for relief as

14 follows:
15

1.

For compensatory damages in an amount to be determined upon proof at

2.

For disgorgement of profits and restoration of amounts by which

16 trial;
17

18 Defendants were unjustly enriched;

19

3.

For an award of all profits of Defendants plus all losses of Plaintiff, in

20 an amount to be determined at trial;

21

4.

For an injunctive relief prohibiting Defendants from infringing

22 Plaintiffs copyright in any manner;

23

5.

That Defendants, and each of them, account to Plaintiff for their profits

24 and any damages sustained by Plaintiff as a result of the conduct alleged herein;
25

6.

For costs of suit including reasonable attorneys fees, as provided by the

26 Copyright law;
27

7.

For prejudgment interest as provided by law; and

28

8.

For such other and further relief as the Court deems just and proper.
4

Case 8:14-cv-01804 Document 1 Filed 11/12/14 Page 5 of 6 Page ID #:5

1
2 Dated: November 12, 2014

Respectfully submitted,

East West Law Group

4
5
6
7

By: /s/ Heedong Chae_______________

HeeDong Chae
Chong Roh
Attorneys for Plaintiff
Spigen, Inc.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5

Case 8:14-cv-01804 Document 1 Filed 11/12/14 Page 6 of 6 Page ID #:6

JURY DEMAND

1
2

Plaintiff hereby demands a trial by jury on all issues so triable.

3
4
5 Dated: November 12, 2014

East West Law Group

6
7
8
9

By: /s/ Heedong Chae_______________

HeeDong Chae
Chong Roh
Attorneys for Plaintiff
Spigen, Inc.

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6

Case 8:14-cv-01804 Document 1-1 Filed 11/12/14 Page 1 of 4 Page ID #:7

EXHIBIT A

Case 8:14-cv-01804 Document 1-1 Filed 11/12/14 Page 2 of 4 Page ID #:8

Subject Design

Subject Product

Case 8:14-cv-01804 Document 1-1 Filed 11/12/14 Page 3 of 4 Page ID #:9

EXHIBIT B

Case 8:14-cv-01804 Document 1-1 Filed 11/12/14 Page 4 of 4 Page ID #:10

Spigen Case

Subject Product