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Richard A. Clegg (SBN 211213) LAW OFFICE OF RICHARD CLEGG 501 West Broadway, Suite 800 San Diego, California 92101 Telephone: (619) 400-4920 rick@rclegglaw.com

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA BLISS HOLDINGS LLC, a California Limited Liability Company, Plaintiff, v. CAN YOU IMAGINE, a California Business Entity, Form Unknown, Defendant.

'13 CV2012 H NLS CIVIL ACTION NO. ______________
COMPLAINT FOR PATENT INFRINGEMENT AND TRADEMARK INFRINGEMENT

Plaintiff Bliss Holdings LLC (“BLISS”) alleges as follows for its complaint against 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 South Vinewood Street, Escondido, CA. 2. CYI is a California business entity, the form of which is presently unknown to BLISS, with a principal place of business at 9314 Eton Avenue,

COMPLAINT FOR PATENT INFRINGEMENT AND 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 California corporation 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 Second Cause of Action, for trademark infringement, arises under the Lanham Act, 15 U.S.C. § 1051 et seq. This court has subject matter jurisdiction with respect to those claims pursuant to 28 U.S.C. §§ 1331 and 1338(a). 4. CYI is subject to personal jurisdiction in this judicial district because CYI (a) has sold its infringing products to customers within this judicial district; (b) has placed its infringing products into the stream of commerce, through established distribution channels, knowing or reasonably foreseeing that the products could be sold to customers within this judicial district; and (c) has offered the infringing products for sale to customers within this judicial district, via an interactive 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. §§ GENERAL ALLEGATIONS 6. On or about November 20, 2006, CYI and BLISS executed a written agreement (“the License Agreement”), pursuant to which BLISS licensed CYI under BLISS intellectual property, patents and trademarks, including the LASER STARS trademark, and authorized CYI to make (or have made) and to sell certain specified laser projection products (“the Licensed Items”). 7. The License Agreement had a six (6) year term, and terminated automatically on or about November 20, 2012.
COMPLAINT FOR PATENT INFRINGEMENT AND TRADEMARK INFRINGEMENT

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

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8. 9.

Upon termination of the License Agreement, all rights and licenses The License Agreement provided CYI with one hundred and twenty

granted to CYI were immediately terminated and reverted back to BLISS. (120) days from the date of termination to sell off its remaining inventory of the Licensed 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 below as the “Accused Products”). FIRST CAUSE OF ACTION INFRINGEMENT OF U.S. PATENT NO. 8,057,045 11. 12. BLISS repeats and re-alleges the allegations of Paragraphs 1-10 BLISS is the owner by assignment of United States Patent No. above, as though fully set forth here. 8,057,045 ("the ‘045 Patent"), entitled "Star Field Projection Apparatus", which was 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 has infringed 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 '045 Patent, within the United States, during the term of the ‘045 Patent, without BLISS’s authorization. The infringing CYI products include each and all of the Accused Products. 14. BLISS is informed and believes, and on that basis alleges, that CYI’s infringement of the ‘045 Patent has been willful and intentional.
COMPLAINT FOR PATENT INFRINGEMENT AND TRADEMARK INFRINGEMENT

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15. 16.

BLISS has suffered monetary damages as a result of CYI’s BLISS has suffered irreparable harm as a result of CYI’s infringement

infringement of the ‘045 Patent. of the ‘045 Patent and will continue to suffer irreparable harm unless and until CYI is enjoined from committing further acts of infringement. SECOND CAUSE OF ACTION TRADEMARK INFRINGEMENT IN VIOLATION OF 15 U.S.C. §1125 17. 18. 19. BLISS repeats and re-alleges the allegations of Paragraphs 1-10 BLISS is the owner of all rights, title and interest in and to the BLISS’s LASER STARS mark was one of the marks that BLISS above, as though fully set forth here. trademark LASER STARS, for use in connection with laser projection products. licensed to CYI under the License Agreement. Section 1.1(c) of the License Agreement provided, “Any and all goodwill arising from COMPANY's manufacturer of the Licensed Item(s) or the proprietary technology and any related trade marks or service marks shall inure solely and exclusively to the benefit of GRANTOR.” BLISS was the GRANTOR in the license Agreement. 20. All of the goodwill and trademark rights to the LASER STARS trademark, arising from CYI’s authorized use of the mark pursuant to the License Agreement, inured solely and exclusively to BLISS’s benefit. 21. After the end of the sell-off period referenced in Paragraph 9, CYI has continued to sell laser projection products using BLISS’s “LASER STARS” trademark, including (a) the Can You Imagine LASER STARS product; (b) the Can You Imagine LASER STARS LAMP product 22. CYI’s use of the LASER STARS trademark in connection with the promotion and sale of laser projection products, is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of CYI
COMPLAINT FOR PATENT INFRINGEMENT AND TRADEMARK INFRINGEMENT

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with BLISS, or as to the origin, sponsorship, or approval of CYI’s goods, services, or commercial activities by BLISS. 23. intentional. 24. 25. BLISS has suffered monetary damages as a result of CYI’s acts of BLISS will continue to suffer irreparable harm unless and until CYI is trademark infringement. enjoined from using the LASER STARS trademark and from committing further acts in violation of 15 U.S.C. §1125. PRAYER FOR RELIEF WHEREFORE, BLISS prays for the Court to grant BLISS the following relief: 1. Enter judgment that CYI has directly infringed the '045 Patent and award monetary damages to BLISS that are adequate to compensate it for CYI’s infringement, along with prejudgment interest; 2. Enter judgment that CYI’s infringement of the ‘045 Patent has been willful, making this case exceptional under 35 U.S.C. §285, and awarding treble damages and attorney’s fees to BLISS. 3. Enter judgment that CYI has infringed BLISS’s LASER STARS trademark and award monetary damages to BLISS that are adequate to compensate it for CYI’s trademark infringement, along with prejudgment interest; 4. Enter judgment that CYI’s infringement of BLISS’s LASER STARS trademark has been willful and intentional, and award treble damages and attorney’s fees to BLISS. BLISS is informed and believes, and on that basis alleges, that CYI’s infringement of BLISS’s LASER STARS trademark has been willful and

COMPLAINT FOR PATENT INFRINGEMENT AND TRADEMARK INFRINGEMENT

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5. 6. and 7. proper.

Enter an injunction to prevent CYI from committing further Award BLISS its costs of suit in connection with this action; Grant BLISS such other and further relief as the Court deems

acts of patent infringement or trademark infringement in the future.

Respectfully submitted, Dated: August 29, 2013 /s Richard A. Clegg/ ________________________________ Richard A. Clegg LAW OFFICE OF RICHARD CLEGG E-mail: rick@rclegglaw.com

COMPLAINT FOR PATENT INFRINGEMENT AND TRADEMARK INFRINGEMENT

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COMPLAINT FOR PATENT INFRINGEMENT AND TRADEMARK INFRINGEMENT

EXHIBIT A (U.S. PATENT NO. 8,057,045)

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