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Bliss Holdings v. Can You Imagine

Bliss Holdings v. Can You Imagine

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-02012-H-NLS: Bliss Holdings LLC v. Can You Imagine. Filed in U.S. District Court for the Southern District of California, the Hon. Marilyn L. Huff presiding. See http://news.priorsmart.com/-l92t for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-02012-H-NLS: Bliss Holdings LLC v. Can You Imagine. Filed in U.S. District Court for the Southern District of California, the Hon. Marilyn L. Huff presiding. See http://news.priorsmart.com/-l92t for more info.

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Published by: PriorSmart on Aug 29, 2013
Copyright:Public Domain

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04/25/2014

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COMPLAINT FOR PATENT INFRINGEMENTAND TRADEMARK INFRINGEMENT
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Richard A. Clegg (SBN 211213)LAW OFFICE OF RICHARD CLEGG501 West Broadway, Suite 800San Diego, California 92101Telephone: (619) 400-4920rick@rclegglaw.com
IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF CALIFORNIA
BLISS HOLDINGS LLC, a CaliforniaLimited Liability Company,Plaintiff,v.CAN YOU IMAGINE, a CaliforniaBusiness Entity, Form Unknown,Defendant.CIVIL ACTION NO. _____________
COMPLAINT FOR PATENTINFRINGEMENT ANDTRADEMARK INFRINGEMENT
Plaintiff Bliss Holdings LLC (“BLISS”) alleges as follows for its complaintagainst defendant Can You Imagine (“CYI”).
PARTIES
1.
 
BLISS is a limited liability corporation organized and existing under the laws of the State of California, with a primary place of business at 745 SouthVinewood Street, Escondido, CA.2.
 
CYI is a California business entity, the form of which is presentlyunknown to BLISS, with a principal place of business at 9314 Eton Avenue,
 
'13
CV2012
NLS
H
 
 
COMPLAINT FOR PATENT INFRINGEMENTAND TRADEMARK INFRINGEMENT
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Chatsworth, CA 91311. BLISS is informed and believes, and on that basis alleges,that CYI was once incorporated in California, but that CYI’s status as a Californiacorporation has been suspended.
JURISDICTION AND VENUE
3.
 
The First Cause of Action, for patent infringement, arises under the patent laws of the United States, including 35 U.S.C. §§ 271
et seq
. The SecondCause of Action, for trademark infringement, arises under the Lanham Act, 15U.S.C. § 1051
et seq
. This court has subject matter jurisdiction with respect tothose claims pursuant to 28 U.S.C. §§ 1331 and 1338(a).4.
 
CYI is subject to personal jurisdiction in this judicial district becauseCYI (a) has sold its infringing products to customers within this judicial district;(b) has placed its infringing products into the stream of commerce, throughestablished distribution channels, knowing or reasonably foreseeing that the products could be sold to customers within this judicial district; and (c) has offeredthe infringing products for sale to customers within this judicial district, via aninteractive web site through which the products can be purchased from within this judicial district.5.
 
Venue is proper in this judicial district pursuant to 28 U.S.C. §§1391(b), (c) and 1400(b).
GENERAL ALLEGATIONS
6.
 
On or about November 20, 2006, CYI and BLISS executed a writtenagreement (“the License Agreement”), pursuant to which BLISS licensed CYIunder BLISS intellectual property, patents and trademarks, including the LASER STARS trademark, and authorized CYI to make (or have made) and to sell certainspecified laser projection products (“the Licensed Items”).7.
 
The License Agreement had a six (6) year term, and terminatedautomatically on or about November 20, 2012.
 
 
COMPLAINT FOR PATENT INFRINGEMENTAND TRADEMARK INFRINGEMENT
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8.
 
Upon termination of the License Agreement, all rights and licensesgranted to CYI were immediately terminated and reverted back to BLISS.9.
 
The License Agreement provided CYI with one hundred and twenty(120) days from the date of termination to sell off its remaining inventory of theLicensed Items. The sell-off period ended on or about March 20, 2013.10.
 
After the end of the sell-off period, CYI has continued importing,selling and offering products for sale to customers within the United States,without BLISS’s authorization, including: (a) the Can You Imagine LASER STARS product; (b) the Can You Imagine LASER STARS LAMP product; and (c)the Can You Imagine LASER TWILIGHT product (referred to collectively belowas the “Accused Products”).
FIRST CAUSE OF ACTIONINFRINGEMENT OF U.S. PATENT NO. 8,057,045
11.
 
BLISS repeats and re-alleges the allegations of Paragraphs 1-10above, as though fully set forth here.12.
 
BLISS is the owner by assignment of United States Patent No.8,057,045 ("the ‘045 Patent"), entitled "Star Field Projection Apparatus", whichwas issued by the United States Patent and Trademark Office on November 15,2011. A true and correct copy of the ‘045 Patent is attached as Exhibit A.13.
 
After the end of the sell-off period referenced in Paragraph 9, CYI hasinfringed the ‘045 Patent by,
inter alia
, selling and offering to sell laser light projection products that are covered by one or more patent claims of the '045Patent, within the United States, during the term of the ‘045 Patent, withoutBLISS’s authorization. The infringing CYI products include each and all of theAccused Products.14.
 
BLISS is informed and believes, and on that basis alleges, that CYI’sinfringement of the ‘045 Patent has been willful and intentional.

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