IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

_______________________________________ HOO-AHHS, LLC, a Minnesota Company Plaintiff, Case No. vs. IRA GREEN, INC., a Rhode Island Corporation Defendants

JURY TRIAL DEMANDED

______________________________________

COMPLAINT FOR PATENT INFRINGEMENT INJUNCTIVE RELIEF SOUGHT Plaintiff Hoo-Ahhs, LLC (“HOO-AHHS”), by and through undersigned attorney, for their Complaint against IRA GREEN, INC., ( “IRA GREEN”) alleges as follows:

NATURE OF THE ACTION 1. This is an action for patent infringement in connection with IRA GREEN’s

making, importing, offering for sale and selling pre-moistened wipes in packaging that are virtually identical and easily confusing to the design covered by United States design patent owned and duly assigned to HOO-AHHS. IRA GREEN entered into an asset purchase

agreement with HOO-AHHS and used that access to obtain information on HOO-AHHS design, further using that access to manufacture knock-offs of HOO-AHHS product and sold in Minnesota, and throughout the United States. IRA GREEN’s infringing conduct has damaged HOO-AHHS and inflicted irreparable harm. 2. HOO-AHHS seeks, inter alia, disgorgement of IRA GREEN’s profits from the

sale of infringing products, and injunctive relief.

PARTIES 3. Hoo-Ahhs, LLC is a Minnesota Limited Liability Company with its principal

place of business located at 2117 Charles Avenue, Saint Paul, Minnesota 55114. 4. Upon information and belief, IRA GREEN is a Rhode Island Corporation

having an address 177 Georgia Avenue, Providence, Rhode Island 02905.

JURSIDICTION AND VENUE 5. This is an action for patent infringement arising under the patent laws of the

United States, Title 35, United States Code. 6. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and

1338(a) et seq. 7. On information and belief, IRA GREEN is subject to personal jurisdiction in

the District of Minnesota (“District”), consistent with the principle of due process and the Minnesota Long Arm Statute, because Defendants offer their products for sale in this District,

have transacted business in this District, have committed and/or induced acts of patent infringement in this District, and/or have placed infringing products into the stream of commerce through established distribution channels with the expectation that such products will be purchased by residents or business of this District. 8. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b), 1391(c),

1391(d), and 1400(b). HOO-AHHS BUSINESS

9.

Since 2002, HOO-AHHS has been involved in the business of manufacturing

high quality wipes used in the military environment. 10. HOO-AHHS products are sold throughout the Army Air Force Exchange Service (AAFES) for resale to the United States military personnel. 11. As a result of the originality and high quality of its products, HOO-AHHS has developed a reputation for excellence and innovation which has generated millions of dollars in sales and loyal customers. HOO-AHHS PATENTS

12. On March 2, 2004, U.S. Patent No. D487,224 (the “’224 Patent”), entitled “Packaging for Pre-Moistened Convenient Field Towels” was issued by the United States Patent and Trademark Office, covering an ornamental design for a packaging for premoistened convenient field towels. The application from which the ‘224 Patent was issued

was filed on April 10, 2003. A true and correct copy of the ‘224 Patent is attached as Exhibit “A” hereto. 13. On November 13, 2007, U.S. Patent No. D554,925 (the “’925 Patent”), entitled “Field Towel Container” was issued by the United States Patent and Trademark Office, covering an ornamental design for a field towel container. The application from which the ‘925 Patent was issued was filed on May 3, 2006. A true and correct copy of the ‘925 Patent is attached as Exhibit “B” hereto. 14. HOO-AHHS is the owner by assignment of the ‘224 and ‘925 Patents. 15. The ‘224 and ‘925 Patents are in full force and effect as of the date of this Complaint and all times relevant to the allegations herein. 16. Subsequent to the filing of the ‘224 and ‘925 Patents, HOO-AHHS began manufacturing and selling a line of field towel wipes in a container embodying the designs covered by the ‘224 and ‘925 Patents. The line of field towel containers is sold under the HOO-AHHS® trademark. True and correct copy of the HOO-AHHS’ product illustrating the field towel container is attached as Exhibit “C” hereto. 17. HOO-AHHS packaging embodies the ornamental designs claimed in the ‘224 Patent sold by HOO-AHHS since at least as early as March 2004 bear the marking “covered by U.S. Patent No. D487,224.” 18. HOO-AHHS packaging embodies the ornamental designs claimed in the ‘925 Patent sold by HOO-AHHS since at least as early as May 2006 bear the marking “covered by U.S. Patent No. D487,224 Addl. Pats Pend.”

IRA GREEN’S ACTS OF INFRINGEMENT 19. On or about September 16, 2011, IRA GREEN entered into a Non-Binding Letter of Intent with HOO-AHHS to negotiate the acquisition of HOO-AHHS, including its intellectual property. This negotiation did not culminate in the purchase of HOO-AHHS assets and business. However, IRA GREEN became keenly aware of HOO-AHHS products, including its Intellectual property assets. 20. Shortly thereafter, IRA GREEN caused the manufacture, importation, and offer for sale of pre-moistened field towels under the name “FIELD BATH™ WIPES” in packaging that clearly appropriates the ornamental design covered by the ‘224 and ‘925 Patents. True and correct copy of the “FIELD TOWEL™ WIPES” is attached as Exhibit “D” hereto. 21. IRA GREEN imported, or caused to be imported on its behalf and for its benefit, tens of thousands of the knock-off containers into the United States. 22. IRA GREEN has offered for sale and sold the knock-off containers through the AAFES, including within this District. 23. On information and belief, IRA GREEN has sold the knock-off containers throughout the United States with actual knowledge that they would be resold to consumers in the United States. 24. The knock-off containers are in all respects virtually identical or confusingly similar copies of the HOO-AHHS® containers and of the designs covered by the ‘224 and ‘925 Patents.

COUNT I INFRINGEMENT OF U.S. PATENT NO. D487,224

25. HOO-AHHS re-alleges and incorporates by reference the allegations set forth in paragraphs 1- 24. 26. HOO-AHHS is the owner of all right, title, and interest in the ‘224 Patent, entitled “Packaging for Pre-moistened Convenient Field Towels” duly and properly issued by the United States Patent and Trademark office on March 2, 2004. A copy of the ‘224 patent is attached hereto as Exhibit “A.” 27. IRA GREEN has infringed and continues to infringe the ‘224 Patent. IRA GREEN has imported into the United States, sold and offered for sale, packaging that are virtually identical to the ornamental design claimed in the ‘224 Patent, and will continue to do so unless enjoined by this Court. 28. In addition, through the sale of its knock-off products to others for resale, IRA GREEN has induced infringement of the ‘224 Patent by others and has committed acts of contributory infringement of the ’224 Patent. 29. IRA GREEN’s infringement of the ‘224 Patent has been willful and malicious and with actual or constructive knowledge that HOO-AHHS is the owner of the patent claiming the infringed design. 30. HOO-AHHS has sustained damages as a result of the infringing acts of IRA GREEN.

31. HOO-AHHS has suffered and will continue to suffer irreparable harm unless infringement of the ‘224 Patent is enjoined. COUNT II INFRINGEMENT OF U.S. PATENT NO. D554,925

32. HOO-AHHS re-alleges and incorporates by reference the allegations set forth in paragraphs 1- 31. 33. HOO-AHHS is the owner of all right, title, and interest in the ‘925 Patent, entitled “Field Towel Container” duly and properly issued by the United States Patent and Trademark office on November 13, 2007. A copy of the ‘925 patent is attached hereto as Exhibit “B.” 34. IRA GREEN has infringed and continues to infringe the ‘925 Patent. IRA GREEN has imported into the United States, sold and offered for sale, packaging that are virtually identical to the ornamental design claimed in the ‘925 Patent, and will continue to do so unless enjoined by this Court. 35. In addition, through the sale of its knock-off products to others for resale, IRA GREEN has induced infringement of the ‘925 Patent by others and has committed acts of contributory infringement of the ’925 Patent. 36. IRA GREEN’s infringement of the ‘925 Patent has been willful and malicious and with actual or constructive knowledge that HOO-AHHS is the owner of the patent claiming the infringed design.

37. HOO-AHHS has sustained damages as a result of the infringing acts of IRA GREEN. 38. HOO-AHHS has suffered and will continue to suffer irreparable harm unless infringement of the ‘925 Patent is enjoined.

DEMAND FOR JURY TRIAL Pursuant to Federal Rules of Civil Procedure 38(b), Plaintiff demands a trial by jury as to all issues so triable in this action

WHEREFORE, Plaintiff HOO-AHHS prays judgment against Defendants IRA GREEN, as follows: 1. Enter a judgment that IRA GREEN has infringed, induced infringement and

contributed to the infringement of U.S. Patent No. D487,224; 2. Enter a judgment that IRA GREEN has infringed, induced infringement and

contributed to the infringement of U.S. Patent No. D554,925 3. Order IRA GREEN to pay damages under 35 U.S.C. §§ 285 and 289 to

adequately compensate HOO-AHHS for IRA GREEN’s patent infringement, including an award of IRA GREEN’s profits from its infringement of U.S. Patent Nos. D487,224 and D554,925, together with pre-and post-judgment interest. 4. For a grant of a permanent injunction pursuant to 35 U.S.C. § 283, enjoining

the Defendants from further acts of infringement.

5.

Find the IRA GREEN’s patent infringement was willful and malicious and

award treble damages to HOO-AHHs under 35 U.S.C. § 284. 6. Find the IRA GREEN’s patent infringement was willful and malicious and

award reasonable attorneys’ fees to HOO-AHHs under 35 U.S.C. § 285. 7. Award such other and further relief as the Court deems just and equitable.

Dated: April 17, 2014

Essien Law Offices, PLLC.

By _s/Mike Essien/________________ Michael A. Essien, Atty No. 031741X 245 Ruth Street North, Suite 201 Saint Paul, Minnesota 55119 (651) 340-4310 Telephone (651) 340-4311 Facsimile Attorney For Plaintiff HOO-AHHS,LLC

Sign up to vote on this title
UsefulNot useful