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Red.com v. Wooden Camera

Red.com v. Wooden Camera

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:12-cv-01336-WQH-RBB: Red.com, Inc. v. Wooden Camera, LLC. Filed in U.S. District Court for the Southern District of California, the Hon. William Q. Hayes presiding. See http://news.priorsmart.com/-l6ci for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:12-cv-01336-WQH-RBB: Red.com, Inc. v. Wooden Camera, LLC. Filed in U.S. District Court for the Southern District of California, the Hon. William Q. Hayes presiding. See http://news.priorsmart.com/-l6ci for more info.

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Published by: PriorSmart on Jun 05, 2012
Copyright:Public Domain

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12/12/2013

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 1 Complaint12345678910111213141516171819202122232425262728
Gregory L. Weeks, Esq., CSB No. 58584Email: gweeks@wknjlaw.comGregory K. Nelson, Esq., CSB No. 203029Email: gnelson@wknjlaw.comChandler G. Weeks, Esq., CSB No. 245503Email: chandlerw@wknjlaw.comWEEKS, KAUFMAN, NELSON & JOHNSON462 Stevens Avenue, Suite 310Solana Beach, CA 92075Telephone: (858) 794-2140Fax: (858) 794-2141Email:Office@wknjlaw.com Attorneys for Plaintiff UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF CALIFORNIA
RED.COM, INC., dba RED DIGITALCINEMA
, a Washington Corporation,Plaintiff,vs.
WOODEN CAMERA, LLC
, a Texas limitedliability corporation,Defendant.))))))))))))Case No.:COMPLAINT FOR PATENTINFRINGEMENT, TRADE DRESSINFRINGEMENT, AND UNFAIRCOMPETITION AND FALSEDESIGNATION OF ORIGINDEMAND FOR JURY TRIAL
 
'12
CV1336
RBB
WQH
 
 2 Complaint12345678910111213141516171819202122232425262728
Plaintiff Red.com, Inc. dba Red Digital Cinema (hereinafter referred to as "RED") herebycomplains of Defendant Wooden Camera, LLC (hereinafter referred to as “Wooden”), andalleges as follows:
JURISDICTION AND VENUE
 1.
 
Jurisdiction over this action is founded upon 15 U.S.C. § 1121, and 28 U.S.C. §§1331 and 1338.2.
 
Venue is proper under 28 U.S.C. §§ 1391(b) and (c) and 28 U.S.C. § 1400(b).The Defendant has sold infringing products in this district, attempted to pass off infringingproducts in this district, has directed sales and marketing efforts toward this district and/or ownor operate retail stores in this judicial district and/or on the internet and selling in this district atits website below.
THE PARTIES
 3.
 
Plaintiff RED is a corporation organized and existing under the laws of the Stateof Washington, having its principal place of business at 34 Parker, Irvine, California 92618, anddoing business within this judicial district.4.
 
RED is informed and believes, and thereupon alleges that Defendant WoodenCamera, LLC is a Texas limited liability corporation doing business at 1042 West 43
rd
Street,Houston, Texas 77018, and is doing business within this judicial district at least on its website,www.woodencamera.com. RED is informed and believes, and thereupon alleges, that Defendanthas been offering to sell, advertising and selling products, including the accused productsidentified below, directly and in the stream of commerce knowing such products would be soldin California and in this judicial district.
FACTUAL BACKGROUND
 5.
 
Since at least 2005, RED has been and continues to be actively engaged in thedesign, development, manufacture and sale of high performance digital still and motioncinematography cameras, video equipment and accessories, digital editing software, videoplayers and generally, imaging format technology used in the dissemination, broadcast, ortransmission of video. Since the introduction of its revolutionary RED ONE® camera, RED’s
 
 3 Complaint12345678910111213141516171819202122232425262728
products have been used to film several blockbuster movies, as well as many other movies andtelevision series. The RED camera and products have been one of the hottest items in theHollywood industry.6.
 
RED introduced its EPIC and SCARLET cameras in the past few years. Attendantwith these two cameras, RED has also designed and introduced unique accessory components forthe cameras. The accessories are unique in their styling and look, reminiscent of anindustrial/military look. Because of their unique styling and successful sales, these products havebecome uniquely identifiable as having originated from RED.7.
 
RED is informed and believes, and thereupon alleges, that Defendant WOODENmanufactures, imports, advertises, offers for sale and/or sells digital cinema camera accessoriesspecifically designed to knock-off the look of RED’s accessories and engage with the RED EPICand SCARLET cameras.
PATENT INFRINGEMENT FACTS
8.
 
RED is the owner by assignment of U.S. Patent No. D654,110, duly and lawfullyissued on February 7, 1995, describing and claiming the invention entitled "CameraComponent." A correct copy of U.S. Patent No. D654,110 is attached hereto as Exhibit 1.9.
 
RED is informed and believes, and thereupon alleges that Defendant WOODENis selling a digital cinema camera accessory that unlawfully embodies the claimed subject matterof U.S. Patent No. D654,110. In particular, RED alleges that Defendant’s “A-Lock” mount forQuick Back and REDmote embodies the subject matter claimed in RED's design patent referredto above without any license thereunder and is thereby infringing the patent. RED is informedand believes and based thereon alleges that Defendant made, used, imported, advertised, offeredfor sale and/or sold its accused accessory to multiple distributors, retailers, and/or retailcustomers.10.
 
Defendant has received written notice of RED's proprietary rights in its patents byway of a cease and desist letter it caused to be sent to Defendant. Further, Defendant hasreceived constructive notice of RED's patents as RED caused its patents to be placed plainly onthe product and/or packaging. Despite actual and constructive knowledge, Defendant continues

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