Fatboy v. Value Max - Complaint

Civil Action No.
Fatboy is the owner of all rights worldwide in the wildly popular LAMZAC THE
Plaintiffs bring claims for patent infringement under Section 271 of the U.S. Patent
1125(a), and for unfair competition under Texas law. In addition, Fatboy brings a claim for
Act, 35 U.S.C. 271, for unfair competition under Section 43(a) of the Lanham Act, 15 U.S.C.
2.
Lounger Patent and the copyright in certain LAMZAC Lounger marketing materials.
claims asserted herein arise out of Defendants brazen and willful infringement of the LAMZAC
license from Fatboy to use the foregoing intellectual property rights in the United States. The
copyrights to all marketing materials associated with the LAMZAC Lounger. Fatboy USA has a
U.S. Patent No. D764,823 (the LAMZAC Lounger Patent). Fatboy also is the owner of all
ORIGINAL inflatable lounger (the LAMZAC Lounger), the design of which is covered by
1.
SUBSTANCE OF THE ACTION
(Value Max or Defendant), allege as follows:
together with Fatboy, Plaintiffs), for their Complaint against Defendant Value Max Products LLC
Plaintiffs Fatboy the Original B.V. (Fatboy) and Fatboy USA, LLC (Fatboy USA and,
ORIGINAL COMPLAINT
Defendant.
VALUE MAX PRODUCTS LLC
Plaintiffs,
FATBOY THE ORIGINAL B.V. and FATBOY

USA, LLC
v.
Page 1 of 13 PageID 1
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
Case 3:16-cv-02544-L Document 1 Filed 09/02/16
Plaintiffs seek injunctive relief to stop Defendants unlawful distribution, and sale of
This Court has jurisdiction under Section 39 of the Lanham Act, 15 U.S.C. 1121;
This Court has personal jurisdiction over Defendant pursuant to Texas Civil Practice
offering for sale of its infringing product in Texas in violation of Plaintiffs rights.
committed torts in the State of Texas, namely the marketing, promotion, advertising, sale and/or
including shipping its infringing product into the State of Texas; and (iii) Defendant has
promotion, advertising and offering for sale of its infringing product within the State of Texas,
and solicits business within the State of Texas; (ii) Defendant has engaged in the marketing,
and Remedies Code 17.042 because, upon information and belief, (i) Defendant regularly does
5.
jurisdiction exists over Plaintiffs state law claim pursuant to 28 U.S.C. 1367.
1338(a) and (b) of the Judicial Code, 28 U.S.C. 1331, 1332, 1338(a) & (b). Supplemental
under Section 501 of the Copyright Act, 17 U.S.C. 501; and under Sections 1331, 1332 and
4.
JURISDICTION AND VENUE
all other relief the Court deems just and proper.
damages under Section 1203 of the DMCA; prejudgment interest; costs and attorneys fees; and
accounting and award of Defendants total profits flowing from its infringing activities; statutory
Plaintiffs also seek monetary relief in an amount sufficient to compensate for their loss, an
its infringing product as well as its unlawful use of LAMZAC Lounger marketing materials.
3.
(DMCA), 17 U.S.C. 1202.
copyright management information in violation of the Digital Millennium Copyright Act
106, 501, and claims for removal of copyright management information and use of false
copyright infringement under Sections 106 and 501 of the U.S. Copyright Act of 1976, 17 U.S.C.
Venue is proper under Sections 1391(b) and 1400 of the Judicial Code, 28 U.S.C.
Plaintiff Fatboy the Original B.V. is a limited liability company organized and
THE PARTIES
Plaintiff Fatboy USA, LLC is a limited liability company organized and existing
Upon information and belief, Defendant Value Max Products LLC is a limited
10. Mr. Marijn Oomen, a resident of the Netherlands, is the designer of the LAMZAC
THE LAMZAC LOUNGER
are shown below:
11. Sample views of the LAMZAC Lounger as shown in the LAMZAC Lounger Patent
the bag fills with air. The opening is then folded together and the air stays caught in the bag.
scooping, an opening reinforced with ribs is held open and a scooping movement is made, so
Lounger, an inflatable lounger that is filled with air by means of air scooping. During air
I.
FACTS COMMON TO ALL CLAIMS FOR RELIEF
principal place of business in Coldwater, Michigan.
liability company organized and existing under the laws of the State of Michigan, with its
9.
Sandy Lake Road, #100, Coppell, TX 75019.
under the laws of the State of North Carolina, with its principal place of business at 875 West
8.
Bosch, 5215 MG Netherlands.
existing under the laws of the Netherlands, having a place of business at De Steenbok 19 Den
7.
infringing product into this district.
this district, including Defendant selling its infringing product in this district and/or shipping its
1391(b), 1400, because a substantial part of the events giving rise to the claims occurred in
6.
Sales iin the Uniteed States ccommenced soon
14
4. Fatboy is the owner of the LA
AMZAC Louunger Patentt, U.S. Patennt No. D7644823,
The LAM
MZAC Lou
unger Patent
Lounger design.
C
Design
D
No. 0002621904-00001 coverinng the LAM
MZAC
Fatboys Registered European Community
15. The LAMZAC Lou

unger Patent claims a priiority date of January 288, 2015, baseed on
copy of the
t LAMZAC Lounger Patent
P
is attaached hereto as Exhibit A.
which co
overs the design of the LAMZAC Lounger
L
andd which issuued on Auggust 30, 20166. A
A.
various retail
r
outlets and online channels.
c
availablee for sale in the United States

S
on Faatboy USAss website at www.fatboyyusa.com annd via
thereafterr, and were met with siimilar immeediate successs. The LA

AMZAC Louunger is currrently
became an immediaate sensation in Europ

pe.
13. The LAM

MZAC Lou
unger was laaunched for commerciaal sale in Feebruary 20155. It
the copyrrights in all marketing

m
materials
m
for LAMZAC L
Lounger.
LAMZA
AC Lounger, including without
w
limitaation, his rigghts in the LA
AMZAC Loounger Patennt and
12. Mr. Oom

men assigned
d to Fatboy all of his inntellectual pproperty righhts relating tto the
16.
Fatboy obtained by assignment from Mr. Oomen copyright in and to all marketing
Fatboys Copyrights in the LAMZAC Marketing Material
17. Upon information and belief, Defendant has manufactured, advertised, offered for
DEFENDANTS UNLAWFUL ACTIVITIES
Infringing Product and without Plaintiffs authorization, Defendant has displayed copies,
18. Upon information and belief, in connection with the promotion and sale of the
Infringing Product). Examples of images of the Infringing Product are shown below:
with a design that is substantially the same as the design of the LAMZAC Lounger (the
sale, sold, distributed, imported, and/or exported an inflatable lounger called the Aero Lounger
II.
States.
connection with the advertisement, promotion, and sale of the LAMZAC Lounger in the United
Europe. Fatboy USA, as Fatboys licensee, subsequently used these marketing materials in
videos of the LAMZAC Lounger. The marketing materials were authored and first published in
materials concerning the LAMZAC Lounger, including without limitation photographs and
B.
D
Defendantss Copied Im
mages
Upon information and belief, Defendantss activities sset forth above have caaused
substantiial consumerr confusion, with many consumers mistakenly believing thhat the Infrinnging
20.
Defendan
nts Infringin
ng Product.
has falseely represen

nted that Plaintiffs
P
proprietary L
LAMZAC M
Marketing Materials ddepict
Marketin
ng Materials on its webssite and on print
p
advertiising. Throough this connduct, Defenndant
19. Upon in
nformation and belief,, Defendantt has previously usedd the Infrinnging
collectiveely be referrred to as the Infringing Marketing M

Materials
Marketin
ng Materials and Defen
ndants mark
keting materiials shown aabove and inn Exhibit B shall
Fatboys marketing materials

m
deepicted above shall be coollectively rreferred to as the LAM
MZAC
Fatboy Original
O
Ima
ages
shown beelow and in Exhibit B hereto:

h
including
g digitally-aaltered versio
ons, of Plaiintiffs LAM
MZAC Lounnger marketting materialls, as
Defendant is not related to or affiliated with Plaintiffs in any way. Defendant has
Defendants unauthorized acts as described herein have caused and will continue
FIRST CLAIM FOR RELIEF:

DESIGN PATENT INFRINGEMENT
IN VIOLATION OF 35 U.S.C. 271 (Patent No. D764,823)
(Asserted By Both Plaintiffs Against Defendant)
23. Plaintiffs repeat and incorporate by reference the foregoing allegations as if fully set
Upon information and belief, Defendant, without authorization from Plaintiffs,
25.
Defendants Infringing Product appropriates the novel ornamental features set
induced to purchase one supposing it to be the other.
same and would find the two designs to resemble each other sufficiently to be deceived and to be
purchaser usually gives, would find Plaintiffs and Defendants designs to be substantially the
forth in U.S. Patent No. D764,823 such that an ordinary observer, giving such attention as a
26.
and embodies the design protected by such patent.
of which is substantially the same as the design set forth in U.S. Design Patent No. D764,823,
has distributed, advertised, promoted, offered for sale and sold the Infringing Product, the design
U.S. Patent No. D764,823 is valid and subsisting.
24.
forth herein.
Court.
to cause irreparable damage to Plaintiffs and their business and goodwill unless restrained by this
22.
including for the acts described herein.
not sought or received a license or authorization from Plaintiffs for any purpose whatsoever,
21.
infringement is damaging Plaintiffs reputation.
Product is being offered by Plaintiffs or is a genuine LAMZAC Lounger. As such, Defendants
By the foregoing acts, Defendant has directly infringed, infringed under the
Upon information and belief, Defendants aforesaid conduct has been undertaken
Defendants conduct violates Section 271 of the Patent Act, 35 U.S.C. 271, and
Plaintiffs repeat and incorporate by reference the foregoing allegations as if fully
Defendants use of the Infringing Marketing Materials in connection with the
Upon information and belief, Defendants conduct is willful and deliberate and
Defendants acts are in violation of Section 43(a) of the Lanham Act, 15 U.S.C.
Defendants conduct has caused and is causing immediate and irreparable injury to
this Court.
Plaintiffs and will continue to both damage Plaintiffs and deceive the public unless enjoined by
34.
done with an intent to misappropriate the benefit of Plaintiffs goodwill.
33.
1125(a).
32.
source as Plaintiffs LAMZAC Lounger.
believe erroneously that Defendants Infringing Product is the same as or comes from the same
advertising, promotion and sale of their Aero Lounger product is likely to cause consumers to
31.
set forth herein.
30.
SECOND CLAIM FOR RELIEF:

UNFAIR COMPETITION IN VIOLATION OF 15 U.S.C. 1125(a)
irreparable damage, loss, and injury, for which Plaintiffs have no adequate remedy at law.
has caused, and unless enjoined by this Court, will continue to cause, Plaintiffs to sustain
29.
knowingly, willfully, and in bad faith, and with knowledge of Plaintiffs rights.
28.
so infringe, U.S. Patent No. D764,823.
doctrine of equivalents, contributorily infringed, and/or induced infringement of, and continue to
27.
THIRD CLAIM FOR RELIEF:

COMMON LAW UNFAIR COMPETITION UNDER TEXAS LAW
Plaintiffs have no adequate remedy at law.
Fatboys exclusive rights in the LAMZAC Marketing Materials under Section 106 of the
43. Defendant has violated and, upon information and belief, continues to violate,
42. Defendant had access to the LAMZAC Marketing Materials.
advertising material.
and/or displayed the Infringing Marketing Materials on Defendants website and in printed
41. Defendant, without Plaintiffs authorization or consent, has advertised, reproduced,
owner by assignment of all rights under U.S. copyright in the LAMZAC Marketing Materials.
were authored in the Netherlands and are protected under U.S. Copyright Law. Fatboy is the
40. The LAMZAC Marketing Materials are original and creative works of visual art that
forth herein.
39. Fatboy repeats and incorporates by reference the foregoing allegations as if fully set
FOURTH CLAIM FOR RELIEF:

COPYRIGHT INFRINGEMENT IN VIOLATION OF 17 U.S.C. 501
(Asserted By Fatboy against Defendant)
loss, and injury, for which Plaintiffs have no adequate remedy at law.
unless enjoined by this Court, will continue to cause, Plaintiffs to sustain irreparable damage,
38. Defendants aforesaid conduct of common law unfair competition has caused, and
Plaintiffs under the common law of the State of Texas.
37. Defendants aforesaid conduct constitutes common law unfair competition with
forth herein.
36. Plaintiffs repeat and incorporate by reference the foregoing allegations as if fully set
35.
45. Defendants infringement of Fatboys exclusive rights in the LAMZAC Marketing
44. Defendants aforesaid conduct has been undertaken knowingly, willfully and in bad
Defendant has intentionally removed copyright management information
Fatboy repeats and incorporates by reference the foregoing allegations as if fully set
Defendant has intentionally used false CMInamely, the AERO LOUNGER
Upon information and belief, Defendant removed CMI and/or used false CMI in
Defendant has violated and, upon information and belief, continues to violate, the
10
Digital Millennium Copyright Act (DMCA), 17 U.S.C. 1202.
51.
order to facilitate or conceal its infringement of the LAMZAC Marketing Materials.
50.
mark and namein connection with the Infringing Marketing Materials.
49.
Marketing Materials.
(CMI)namely, the LAMZAC and FATBOY marks and namesfrom the LAMZAC
48.
forth herein.
47.
FIFTH CLAIM FOR RELIEF:

VIOLATION OF THE DIGITAL MILLENIUM COPYRIGHT ACT, 17 U.S.C. 1202
(Asserted By Fatboy Against Defendant)
has no adequate remedy at law.
will continue to cause, Fatboy to sustain irreparable damage, loss and injury, for which Fatboy
46. Defendants copyright infringement has caused, and unless enjoined by this Court,
Materials has caused Fatboy damage, and has enabled Defendant to profit illegally therefrom.
faith.
501.
Copyright Act, 17 U.S.C. 106, in violation of Section 501 of the Copyright Act, 17 U.S.C.
Defendants violation of the DMCA has caused Fatboy damage, and has enabled
Defendants infringement has caused, and unless enjoined by this Court, will
Permanently enjoining and restraining Defendant, its agents, servants, employees,
Infringing the LAMZAC Marketing Materials, including, without limitation, by
Removing or altering any CMI from, or providing or distributing any false CMI in
11
Assisting or authorizing any third party to engage in any of the actions prohibited
by subparagraphs (a)-(d) above, inclusive.
(e)
connection with, the LAMZAC Marketing Materials; and
(d)
LAMZAC Marketing Materials;
or exporting the Infringing Marketing Materials or any other works copied or derived from the
reproducing, distributing, displaying, advertising, promoting, offering for sale, selling, importing
(c)
connected with Plaintiffs, or sponsored, approved or authorized by Plaintiffs
believe that a product or service offered by Defendant is in any manner made by, associated or
performing any act which can, or is likely to, mislead members of the public or the trade to
(b) Engaging in any activity constituting unfair competition with Plaintiffs, including
(a) Infringing or inducing infringement of the LAMZAC Lounger Patent;
successors, and assigns and all those in active concert or participation with it, from:
1.
WHEREFORE, Plaintiffs pray for judgment against Defendant as follows:
adequate remedy at law.
continue to cause Fatboy to sustain irreparable damage, loss and injury, for which Fatboy has no
54.
Defendants aforesaid conduct has been undertaken knowingly, willfully and in
Defendant to profit illegally therefrom.
53.
bad faith.
52.
Directing that Defendant turn over to Plaintiffs for impoundment and eventual
Directing that Defendant, at its own expense, recall from any distributors, retailers,
Directing that Defendant file with the Court and serve upon Plaintiffs, within thirty (30)
Awarding Plaintiffs all damages sustained as a result of Defendants infringement
Awarding Plaintiffs the total profits realized by Defendant from its infringement
If Plaintiffs so elect, and as the Court considers just, awarding Plaintiffs statutory
Granting Plaintiffs their full costs, including, as part of such costs, reasonable
9.
monetary award.
12
10. Granting Plaintiffs both pre-judgment and post-judgment interest on each and every
attorneys fees pursuant to 15 U.S.C. 1117, 17 U.S.C. 1203(b)(4)-(5), and 35 U.S.C. 285.
Granting Plaintiffs punitive damages.
8.
damages of up to $25,000 per violation of the DMCA pursuant to 17 U.S.C. 1203(c)(3)(B).
7.
described above.
6.
described above, together with appropriate interest thereon and that such sums be trebled.
5.
permanent injunction.
penalty of perjury setting forth in detail the form and manner in which it has complied with the
days of the entry of injunction prayed for herein, a written report under oath or affirmed under
4.
(d) above, and that Defendant deliver up to Plaintiffs for destruction all materials returned to it.
vendors, or others to whom it has distributed materials that violate the provisions of paragraph 1(a)-
3.
unauthorized copies may be reproduced.
violate the provisions of paragraph 1(a) above, along with all articles by means of which such
destruction, without compensation to Defendant, all materials in its possession or control that
2.
Dated: September 2, 2016
just and proper.
13
Attorneys for Plaintiffs
David Donahue (pro hac vice forthcoming)

Jason D. Jones (pro hac vice forthcoming)
FROSS ZELNICK LEHRMAN & ZISSU, P.C.
866 United Nations Plaza
New York, New York 10017
By: /s/ John M. Jackson___________________

John M. Jackson
Texas State Bar No. 24002340
JACKSON WALKER, LLP
2323 Ross Avenue, Suite 600
Dallas, TX 75201
jjackson@jw.com
JACKSON WALKER, LLP
11. Granting Plaintiffs such other and further relief as the Court may consider equitable,
EXHIBIT
A
Case 3:16-cv-02544-L Document 1-1 Filed 09/02/16
EXHIBIT
B
CIVIL COVER
SHEET
Case 3:16-cv-02544-L Document
1-3 Filed
09/02/16
Netherlands
U.S. Government
Defendant
Diversity
(Indicate Citizenship of Parties in Item III)
Federal Question
(U.S. Government Not a Party)
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
Remanded from
Appellate Court
4 Reinstated or
Reopened
Design Patent Infringement
Print
AMOUNT
Save As...
APPLYING IFP
SIGNATURE OF ATTORNEY OF RECORD
/s/ John M. Jackson

09/02/2016
DEMAND $
DATE
RECEIPT #
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark
JUDGE
6
5
CHECK YES only if demanded in complaint:

Yes
No
JURY DEMAND:
8 Multidistrict
Litigation Direct File
375 False Claims Act

376 Qui Tam (31 USC
3729(a))
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes
OTHER STATUTES
MAG. JUDGE
Reset
DOCKET NUMBER 3:16-cv-02520-K
35 U.S.C. 271; 15 U.S.C. 1125; 17 U.S.C. 501; 17 U.S.C. 1202
CHECK IF THIS IS A CLASS ACTION

VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE Ed Kinkeade
FOR OFFICE USE ONLY
Foreign Nation
Incorporated and Principal Place

of Business In Another State
BANKRUPTCY
5 Transferred from
Another District
IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions
LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act
625 Drug Related Seizure

of Property 21 USC 881
690 Other
and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State
422 Appeal 28 USC 158

423 Withdrawal
28 USC 157
Citizen or Subject of a
Foreign Country
FORFEITURE/PENALTY
DEF
1
Citizen of Another State
(For Diversity Cases Only)

PTF
Citizen of This State
1
6 Multidistrict
Litigation -
Transfer
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
2 Removed from
State Court
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
VI. CAUSE OF ACTION Brief description of cause:
1 Original
Proceeding
(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (If Known)
NOTE:
County of Residence of First Listed Defendant
DEFENDANTS
Value Max Products LLC
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
TORTS
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education
V. ORIGIN (Place an X in One Box Only)
CONTRACT
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
IV. NATURE OF SUIT (Place an X in One Box Only)
U.S. Government
Plaintiff
II. BASIS OF JURISDICTION (Place an X in One Box Only)
John M. Jackson, 2323 Ross Ave., Suite 600, Dallas, Texas 7520,
214-953-6109; David Donahue & Jason Jones, Fross Zelnick Lehrman &
Zissu, PC, 866 United Nations Plaza, New York, NY
(c) Attorneys (Firm Name, Address, and Telephone Number)
(EXCEPT IN U.S. PLAINTIFF CASES)
(b) County of Residence of First Listed Plaintiff
Fatboy The Original B.V. and Fatboy USA, LLC
I. (a) PLAINTIFFS
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II.
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IV.
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VII.
VIII.
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I.
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers
as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September
1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to
the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
Authority for Civil Cover Sheet
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
JS 44-TXND Reverse (Rev. 07/16)

Fatboy v. Value Max - Complaint

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Fatboy v. Value Max - Complaint

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Civil Action No.

SUBSTANCE OF THE ACTION

(Value Max or Defendant), allege as follows:

VALUE MAX PRODUCTS LLC

FATBOY THE ORIGINAL B.V. and FATBOY

UNITED STATES DISTRICT COURT

Case 3:16-cv-02544-L Document 1 Filed 09/02/16

JURISDICTION AND VENUE

all other relief the Court deems just and proper.

(DMCA), 17 U.S.C. 1202.

copyright management information in violation of the Digital Millennium Copyright Act

Case 3:16-cv-02544-L Document 1 Filed 09/02/16

THE LAMZAC LOUNGER

are shown below:

FACTS COMMON TO ALL CLAIMS FOR RELIEF

principal place of business in Coldwater, Michigan.

Sandy Lake Road, #100, Coppell, TX 75019.

Bosch, 5215 MG Netherlands.

infringing product into this district.

Case 3:16-cv-02544-L Document 1 Filed 09/02/16

Sales iin the Uniteed States ccommenced soon

15. The LAMZAC Lou

availablee for sale in the United States

thereafterr, and were met with siimilar immeediate successs. The LA

became an immediaate sensation in Europ

13. The LAM

the copyrrights in all marketing

12. Mr. Oom

Case 3:16-cv-02544-L Document 1 Filed 09/02/16

Fatboys Copyrights in the LAMZAC Marketing Material

DEFENDANTS UNLAWFUL ACTIVITIES

Case 3:16-cv-02544-L Document 1 Filed 09/02/16

has falseely represen

collectiveely be referrred to as the Infringing Marketing M

Fatboys marketing materials

shown beelow and in Exhibit B hereto:

Case 3:16-cv-02544-L Document 1 Filed 09/02/16

FIRST CLAIM FOR RELIEF:

Upon information and belief, Defendant, without authorization from Plaintiffs,

Defendants Infringing Product appropriates the novel ornamental features set

induced to purchase one supposing it to be the other.

and embodies the design protected by such patent.

U.S. Patent No. D764,823 is valid and subsisting.

including for the acts described herein.

infringement is damaging Plaintiffs reputation.

Product is being offered by Plaintiffs or is a genuine LAMZAC Lounger. As such, Defendants

Case 3:16-cv-02544-L Document 1 Filed 09/02/16

Plaintiffs repeat and incorporate by reference the foregoing allegations as if fully

Defendants use of the Infringing Marketing Materials in connection with the

done with an intent to misappropriate the benefit of Plaintiffs goodwill.

source as Plaintiffs LAMZAC Lounger.

set forth herein.

SECOND CLAIM FOR RELIEF:

so infringe, U.S. Patent No. D764,823.

Case 3:16-cv-02544-L Document 1 Filed 09/02/16

THIRD CLAIM FOR RELIEF:

Plaintiffs have no adequate remedy at law.

42. Defendant had access to the LAMZAC Marketing Materials.

41. Defendant, without Plaintiffs authorization or consent, has advertised, reproduced,

FOURTH CLAIM FOR RELIEF:

Plaintiffs under the common law of the State of Texas.

Case 3:16-cv-02544-L Document 1 Filed 09/02/16

45. Defendants infringement of Fatboys exclusive rights in the LAMZAC Marketing

Defendant has intentionally removed copyright management information