UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.

Home Products International, LLC and Actervis GmbH, Plaintiffs, V. Hampton Direct, Inc., Defendant.

COMPLAINT

Home Products International, LLC ("Home Products") and Actervis GmbH ("Actervis") (collectively, "Plaintiffs") for their complaint against Hampton Direct, Inc. ("Hampton Direct") state and allege as follows: INTRODUCTION 1. This is an action under 35 U.S.0 271 for infringement of a design patent

involving an ornamental design for a clothes hanger. PARTIES, JURISDICTION AND VENUE 2. Plaintiff Home Products is a Florida limited liability company with its principal

place of business at 2901 Clint Moore Road, PMB #220, Boca Raton, Florida 33496. 3. Plaintiff Actervis is a limited liability company (GmbH) registered in Switzerland

with an office at c/o PRV Provides, Treuhandgesellschaft AG, Dorfstrasse 38, Baar, Switzerland 6341. 4. Defendant Hampton Direct is a Vermont corporation with its principal place of

business at 291 Hurricane Lane, Williston, Vermont 05495.

5.

This Court has subject-matter jurisdiction over Plaintiffs' patent infringement

claims (Count I) under 28 U.S.C. 1338(a), in that the claims arise under the Acts of Congress relating to patents, 35 U.S.C. 101 et seq. 6. This Court has personal jurisdiction over Hampton Direct becquse, on information

and belief, Hampton Direct regularly conducts business in the State of Florida and has engaged in infringing activities throughout the United States, including the State of Florida, causing injury to Home Products in this judicial district. 7. Venue is proper in this judicial district under the provisions of 28 U.S.C.

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

BACKGROUND

8.

This patent infringement suit between Plaintiffs and Defendant Hampton Direct

involves United States Design Patent No. D466,719 ("the '719 patent") claiming the ornamental design of a clothes hanger. A true and correct copy of the '719 patent is attached hereto as
Exhibit A.

9.

Actervis is the owner of the '719 patent and Home Products is the exclusive

licensee of the '719 patent which sells the patented design under the trademark HangAwayTM. 10. U. S .C. 287. 11. Defendant Hampton Direct makes, uses, sells, and offers for sale in the United The HangAway products are marked with the '719 patent number pursuant to 35

States and imports into the United States a clothes hanger design that is substantially identical to the clothes hanger design illustrated in the '719 patent. 12. Side-by-side comparisons of corresponding representative views of the patented

design of the '719 patent and the accused product as sold by Defendant Hampton Direct (the "Accused Product") are provided below:

'719 Patent

Accused Product

FIG. 7

FIG. 8
3

COUNT I DESIGN PATENT INFRINGEMENT (35 U.S.C. 271) 13. Plaintiffs restate and reallege the allegations contained in Paragraphs 1 through 12

as though set forth herein. 14. Hampton Direct has infringed and continues to infringe the '719 patent by

making, using, selling, and/or offering to sell within the United States and/or by importing into the United States, without authorization, the Accused Product which is so similar in overall appearance to the design illustrated in the '719 patent as to cause an ordinary purchaser to believe the Accused Product is the design illustrated in the '719 patent. 15. Hampton Direct's infringement of the '719 patent has caused and will continue to

cause irreparable harm to Plaintiffs unless Hampton Direct is enjoined from infringing the '719 patent. 16. The infringing acts of Hampton Direct were and continue to be committed

willfully, knowingly, and with conscious and reckless disregard of Plaintiffs' rights, and were and continue to be with actual and constructive knowledge of the '719 patent. 17. Such conduct is willful and deliberate, thus rendering this case exceptional under

35 U.S.C. 285. PRAYER FOR RELIEF WHEREFORE, Plaintiffs Actervis and Home Products pray for the following judgment and relief: a. that defendant Hampton Direct has infringed the '719 patent; b. that defendant Hampton Direct's infringement of the '719 patent is willful; c. that Plaintiffs are entitled to a permanent injunction barring Hampton Direct and Hampton Direct's respective agents, servants, officers, directors, employees, and all persons acting in concert with them, directly or indirectly, from infringing the '719 patent; 4

d. that Hampton Direct shall account for and pay to Plaintiffs the damages to which Plaintiffs are entitled as a consequence of the infringement of the '719 patent pursuant to 35 U.S.C. 289 and/or 35 U.S.C. 284; e. an award to Plaintiffs of their attorney's fees and costs pursuant to 35 U.S.C. 285; f. an award to Plaintiffs of interest and costs; and g. any other reward or relief that the Court deems just and equitable. DEMAND FOR JURY TRIAL A jury trial is demanded on all issues so triable, pursuant to Rule 38 of the Federal Rules of Civil Procedure.

Dated: November 22, 2011

s/ Jason M Murray Jason M. Murray (FL Bar No. 912336) e-mail: jmurray@carltonfields.com CARLTON FIELDS, P.A. 100 S. E. Second Street, Suite 4200 Miami, Florida 33131 Telephone: (305) 530-0050 Facsimile: (305) 530-0055 Attorneys for Plaintiffs Home Products International, LLC and Actervis GmbH.

Of Counsel: John A. Cotter (MN Bar No. 134296) Thomas J. Oppold (MN Bar No. 326318) Glenna L. Gilbert (MN Bar No. 389312) LARKIN HOFFMAN DALY & LINDGREN LTD. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431-1194 Phone: (952) 835-3500 Fax: (952) 896-3333 Email: jcotter@larkinhoffman.com toppold@larkinhoffman.corn ggilbert@larkinhoffman.com