1

Erik S. Ericksen, UT 9626

J ed H. Hansen, UT 10679
Eric E. Westerberg, UT 12712
THORPE, NORTH & WESTERN, LLP
8180 South 700 East, Suite 350
Sandy, Utah 84070
Telephone: (801) 566-6633
Facsimile: (801) 566-0750

Attorneys for Plaintiff
Turbo Style Products, LLC

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DISTRICT


TURBO STYLE PRODUCTS, LLC, a Utah
limited liability company

Plaintiff
v.

LUIGIAS LASHES, LLC, a Alabama
limited liability company; and CARLO
MARK BONE, an individual residing in the
United Kingdom, dba EYELASHES FOR
CARS, dba TRANSGLOBAL
DISTRIBUTION NETWORK,

Defendants.


Case No.: 2:13-cv-00852


COMPLAINT
WITH JURY DEMAND


J udge Brooke C. Wells

Plaintiff Turbo Style Products, LLC (Turbo Style) by and through its counsel hereby
files this Complaint with J ury Demand against Defendants Luigias Lashes, LLC (LL) and
Carlo Mark Bone, dba Eyelashes For Cars, dba Transglobal Distribution Network (Bone)
(collectively Defendants).

Case 2:13-cv-00852-BCW Document 2 Filed 09/17/13 Page 1 of 11
2

COMPLAINT
Plaintiffs complain and allege as follows:
PARTIES, JURISDICTION AND VENUE
1. Turbo Style Products, LLC is a Utah corporation having a principal place of
business at 2402 Lake View Ct., Park City, Utah 84060.
2. Upon information and belief, Luigias Lashes, LLC is a Alabama limited liability
company with its principal place of business at 6097 County Rd 33, Hollywood, Alabama 35752.
3. Upon information and belief, Carlo Mark Bone is an individual residing in the
United Kingdom at 23 Seymour Road, Luton, LU1 3NL, United Kingdom.
4. Upon information and belief, Carlo Mark Bone does business under the names
Eyelashes For Cars and Transglobal Distribution Network.
5. Turbo Style brings this action under U.S. patent laws, 35 U.S.C. 1 et seq.,
under the Lanham Trademark Act, Title 15, United States Code 1051, et seq., and under various
other Utah state law and common law provisions.
6. This Court has subject matter jurisdiction over this action under 28 U.S.C.
1331 and 1338.
7. This Court has supplemental jurisdiction over any state law statutory and common
law claims pursuant to 28 U.S.C. 1367.
8. Upon information and belief, this Court has specific personal jurisdiction over
Defendants as Defendants have purposefully directed their activities toward the state of Utah.
9. Upon information and belief, this Court has general personal jurisdiction over
Defendants since Defendants contacts with Utah are substantial, continuous, and systematic and
this action is based upon activities that arise out of or are related to those contacts.
10. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 because
Defendants conduct business directly related to the patents and trade dress at issue in this case,
thereby harming Plaintiffs in this judicial district.


Case 2:13-cv-00852-BCW Document 2 Filed 09/17/13 Page 2 of 11

1
distributi
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PLAINTIFFS
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Case 2:13-cv-00852-BCW Document 2 Filed 09/17/13 Page 3 of 11
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13. Turbo Style manufactures, markets, and sells throughout the United States
automobile accessory products, including products that approximate the shape of eyelashes and
that are sold under the CARLASHES mark (the CARLASHES Products). Through the
extensive sale, marketing, and distribution of the CARLASHES Products, the design and trade
dress of the CARLASHES Products has become distinctive and consumers associate the design
and trade dress with Turbo Style. An image of one example of the CARLASHES Products is
illustrated below.









DEFENDANTS MISCONDUCT
14. Upon information and belief, Defendants make, use, sell, offer for sale, and/or
import into the United States an automobile accessory that infringes the Turbo Style Patents (the
Infringing Products). Images of several example Defendants Infringing Products are shown
below.





Case 2:13-cv-00852-BCW Document 2 Filed 09/17/13 Page 4 of 11
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15. Upon information and belief, Defendants continued manufacture, use, sale,
importing, and offering for sale and distribution of the Infringing Products has injured, is
injuring, and will continue to cause irreparable injury to Turbo Style.
16. Additionally, upon information and belief, Defendants acted in an objectively
reckless manner with respect to Plaintiffs patent rights. Upon information and belief,
Defendants made, used, sold, offered for sale, and/or imported into the United States the
Infringing Products knowing that it was highly likely that their acts would constitute
infringement of a valid patent. Upon information and belief, Defendants knew or should have
known that their actions were highly likely to result in the infringement of a valid patent. As a
Case 2:13-cv-00852-BCW Document 2 Filed 09/17/13 Page 5 of 11
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consequence, Defendants have engaged in willful infringement of the Turbo Style Patents and
Turbo Style is therefore entitled to treble damages and attorneys fees as well as costs incurred in
this action along with prejudgment interest under 35 U.S.C. 284 and 285.
17. Defendants make, use, sell, import, offer for sale, and/or distribute the Infringing
Products in the United States. These products copy the trade dress of Turbo Styles
CARLASHES Products.
18. Upon information and belief, LL owns, maintains, and controls a website at the
URL www.luigiaslashes.com (the LL Website).
19. LL actively markets and sells the Infringing Products, among other channels,
through the LL Website.
20. Upon information and belief, Bone owns, maintains, and controls websites at the
URLs www.eyelashes-for-cars.com, www.pixielips.com and www.autocareyelashes.com (the
Bone Websites).
21. Bone actively markets and sells his Infringing Products, among other channels,
through the Bone Websites in the United States.
22. Upon information and belief, Bone imports its Infringing Products into the United
States for resale by LL and others.
23. Upon information and belief, LL and Bone have marketed, sold, and offered for
sale and continues to market, sell, and offer for sale the Infringing Products on ebay.com.
Representative Ebay listings and a transaction history are attached hereto as Exhibit B.
24. Defendants are in direct competition with Turbo Style and Defendants Infringing
Products are substantially identical to Turbo Styles CARLASHES Products. Defendants and
Case 2:13-cv-00852-BCW Document 2 Filed 09/17/13 Page 6 of 11
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Turbo Styles products are marketed through identical channels of trade and to identical
consumers.
25. In view of the above, it is clear that Defendants use of confusingly similar
product designs are likely to cause confusion, or to cause mistake, or to deceive consumers as to
the affiliation, connection, or association of Defendants with Turbo Styles CARLASHES
Products.
26. Upon information and belief, Defendants have purposefully copied Turbo Styles
CARLASHES Products trade dress to unlawfully benefit from Turbo Styles goodwill in the
marketplace.
27. Turbo Style has been, and continues to be, significantly damaged by Defendants
actions. So long as Defendants continue performing the unlawful and improper actions
described in this complaint, Turbo Style will continue to suffer irreparable harm that will not be
fully compensable by money damages.
FIRST CAUSE OF ACTION
(PATENT INFRINGEMENT OF THE TURBO STYLE PATENTS UNDER 35 U.S.C. 271)
28. Plaintiffs hereby incorporates by reference each and every preceding allegation of
this complaint as if set forth fully herein.
29. Turbo Style owns the Turbo Style Patents.
30. Defendants make, use, sell, offer for sale, and/or import into the United States
automobile accessories that directly infringe the Turbo Style Patents.
31. At no time has Turbo Style granted Defendants permission, license, or
authorization to use the designs claimed in the Turbo Style Patents.
32. Upon information and belief, Defendants infringing activities have damaged
Turbo Style in an amount to be proven at trial. Among other remedies, Turbo Style is entitled to
its lost profits or, in the alternative a reasonable royalty to adequately compensate Turbo Style
Case 2:13-cv-00852-BCW Document 2 Filed 09/17/13 Page 7 of 11
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for Defendants infringing activities under 35 U.S.C. 284. Additionally, the harm to Turbo
Style arising from these acts by Defendants is not fully compensable by money damages. Turbo
Style has suffered and continues to suffer irreparable harm that has no adequate remedy at law
and that will continue unless this infringing conduct by Defendants is preliminarily and
permanently enjoined.
33. Upon information and belief, Defendants acted in an objectively reckless manner
with respect to Turbo Styles patent rights. Upon information and belief, Defendants made,
used, sold, offered for sale and/or imported into the United States their infringing automobile
accessories knowing that it was highly likely that their acts would constitute infringement of a
valid patent. Defendants knew, or should have known, that their actions were highly likely to
result in the infringement of a valid patent. As a consequence, Defendants have engaged in
willful infringement of the Turbo Style Patents and Turbo Style is therefore entitled to treble
damages and attorneys fees as well as costs incurred in this action along with prejudgment
interest under 35 U.S.C. 284 and 285.


SECOND CAUSE OF ACTION
(TRADE DRESS INFRINGEMENT AND UNFAIR COMPETITION, 15 U.S.C. 1125(A) AND COMMON
LAW)
34. Turbo Style hereby incorporates by this reference each and every preceding
allegation as if set forth fully herein.
35. The trade dress design features associated with the Turbo Style CARLASHES
Products are indicative of Turbo Style and its automobile accessories, are inherently distinctive,
and have acquired secondary meaning with the consuming public.
36. Defendants Infringing Products use design features that are likely to cause
confusion, or to cause mistake, or to deceive as to the affiliation, connection, association, origin,
sponsorship, or approval of their goods and commercial activities in light of Turbo Styles trade
dress.
Case 2:13-cv-00852-BCW Document 2 Filed 09/17/13 Page 8 of 11
9

37. By engaging in these activities, Defendants have infringed Turbo Styles trade
dress and is liable for unfair competition under 15 U.S.C. 1125(a)(1)(A) and under the
common law.
38. Turbo Style has suffered actual damages as a result of Defendants trade dress
infringement and unfair competition in an amount to be proven at trial. Additionally, the harm to
Turbo Style arising from Defendants acts is not fully compensable by money damages. Turbo
Style has suffered, and continues to suffer, irreparable harm that has no adequate remedy at law
and that will continue unless Defendants conduct is preliminarily and permanently enjoined.
39. Defendants continued use of Turbo Styles trade dress is willful and intentional.
As a result, Turbo Style is further entitled to treble damages and an award of costs and attorneys
fees.
THIRD CAUSE OF ACTION
(UNFAIR COMPETITION, UTAH CODE ANN. 13-5A-102, 103 AND/OR 13-5-14 AND UTAH
COMMON LAW)
40. Turbo Style hereby incorporates by this reference each and every preceding
allegation as if set forth fully herein.
41. Turbo Style owns the Turbo Style Patents.
42. Defendants have engaged in unfair methods of competition by infringing the
Turbo Style Patents.
43. Defendants make, use, sell, offer for sale, and/or import into the United States
automobile accessories that infringe the Turbo Style Patents.
44. Defendants have engaged in unfair methods of competition by infringing Turbo
Styles trade dress.
45. Upon information and belief, Turbo Style has been injured by Defendants
infringing acts.
46. By engaging in the above-described activities, Defendants have engaged in unfair
competition under Utah Code Ann. 13-5a-102, 103 and/or 13-5-14 and under Utah common
law.
Case 2:13-cv-00852-BCW Document 2 Filed 09/17/13 Page 9 of 11
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47. Turbo Style has suffered actual damages as a result of unfair business practices by
Defendants in an amount to be proven at trial. Additionally, the harm to Turbo Style arising
from these acts by Defendants is not fully compensable by money damages. Turbo Style has
suffered, and continues to suffer irreparable harm that has no adequate remedy at law and that
will continue unless this unfair conduct by Defendants is preliminarily and permanently
enjoined. Furthermore, Turbo Style is entitled to its attorneys fees and costs.
FORTH CAUSE OF ACTION
(UNJUST ENRICHMENT UNDER UTAH COMMON LAW)
48. Turbo Style hereby incorporates by this reference each and every preceding
allegation as if set forth fully herein.
49. Defendants have benefited from the improper, unfair, and unauthorized use of the
Turbo Style Patents as alleged herein.
50. Defendants knew, or should known, that their actions were improper and fully
appreciated the benefits received as a result of their improper actions.
51. Defendants would be unjustly enriched if they were permitted to retain the
benefits obtained from such actions.
52. Equity and good conscience require that Defendants be required to account for
and pay to Turbo Style an amount equal to value of the benefits conferred upon the Defendants.

WHEREFORE, it is respectfully requested that the Court enter judgment in favor of
Plaintiffs as follows:
A. That the Court enter judgment that Defendants have infringed the Turbo Style
Patents.
B. That the Court enter judgment that the Defendants have competed unfairly
pursuant to 15 U.S.C. 1125 and infringed Turbo Styles trade dress under the Lanham Act and
common law.
Case 2:13-cv-00852-BCW Document 2 Filed 09/17/13 Page 10 of 11
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C. That the Court enter judgment that Defendants have competed unfairly pursuant
to Utah Code. Ann. 13-5a-102 and 13-5-14 and Utah common law.
D. That the Court enter judgment that Defendants have been unjustly enriched
through Defendants misconduct.
E. That Defendants be ordered to pay damages to Turbo Style, together with interest,
in an amount be determined by this Court.
F. That the Court award Turbo Style treble damages pursuant to 35 U.S.C. 284.
G. That the Court award Turbo Style costs and attorneys fees related to this action.
H. That the Court award Turbo Style prejudgment interest.
I. That Turbo Style have such other and further relief as shall seem just and proper
to the Court.
J . That the Court grant preliminary and permanent injunctive relief enjoining
Defendants, Defendants officers, directors, principals, agents, servants, employees, successors
and assigns, and all other aiding, abetting, or acting in concert or active participation therewith,
from directly or indirectly infringing the patents and trade dress in suit, including with limitation,
precluding Defendants from making, using, selling, offering for sale, or importing the infringing
products.

DATED: September 17, 2013 THORPE NORTH & WESTERN, LLP



/Erik S. Ericksen/
Erik S. Ericksen
J ed H. Hansen
Eric E. Westerberg
THORPE NORTH & WESTERN, LLP

Attorneys for Plaintiff
Turbo Style Products, LLC



Case 2:13-cv-00852-BCW Document 2 Filed 09/17/13 Page 11 of 11
Case 2:13-cv-00852-BCW Document 1 Filed 09/17/13 Page 1 of 1 Case 2:13-cv-00852-BCW Document 2-1 Filed 09/17/13 Page 1 of 1
JS 44 (Rev 12/ 12)
CIVIL COVER SHEET
The JS 44 civil cover sheet and lhe infom1a11on contained herein replace nor supplement the fil.ing and service of p!eadings or other papers as required by law, except as
provided byl!>cal rules of.cc;>urt. Thts fonn, approved by lheJudtctal United States m September 1974, ts requtred for the use of !he Clerk of Court for lhe
purpose of inallallng the CIVIl docket sheet. (SEE JNS71WC170NSON NEXT PAGE. 01 1'/f/S 1-t)RM.)
I. (a) PLAINTI FFS
TURBO STYLE PRODUCTS, LLC, a Utah Limited Liability Company
(b) County of Restdence of Ftrst Listed PlainufT Summit County
(hXC' f:P11N U..\: I'LAJNTIFFCASESJ
(C) Allomeys t'F1rm Namr. Adtlr.u. and Number)
Erik S. Etidcsen, Jed H. Hen$tn, Erie E Wtlttrt>e<9
THORPE NORTH & WESTERN. LLP
8180 Soulh 700 Eul, Suote 350
Sandy. Utah 84070
DEFENDANTS
LUIGIA'S LASHES, LLC. a Alabama limited Liability Company; CARLOS
MARK BONE, an Individual residing in the United Kingdom, dba EYELASHES
FOR CARS, dba TRANSGLOBAL DISTRIBUTION NETWORK
County of Residence of First Listed Defendant
(IN U.S. PLA/N'/1/:f.'CASES ONLY}
NOTE IN LAND CONDEMNATION CASES. USE TilE LOCATION OF
THE TRACI OF LAND INVOL VEO.
Attorneys (If Known)
II. BASIS OF J URISDI CTION "X"inOnBoxOnly) Ill. CITIZENSHIP OF PRJ NCIPAL PARTIES (1tacean "X" inOneBoxforl' loinuf!
(For Di>'ersity Cases Only) and One Box for Defendant)
0 I U.S. Oovernmenl 3 Federal Queslion PTF DEF Yl'F DEF
Plain1iff (U.S. Gmemmem Nm a Party) Citi1.en of This Stale 0 0 Incorporated or Principal Place 0 0
0 2 U.S. Government 04 Diversity
Defendant (lnd"'lllt ofParlte$ m I !em Ill)
IV. NATURE OF SUIT "K" in One Hox only)
Citizen of Another Stale
Citizen or Subjeer of a
Forcion CounhV
0
0
of Business In This Srate
0 2 Incorporated and Principal Place
of Business In Another Stale
0 Foreign Nation
0 0 s
0 6 0 b
CONTRACI' TOil'rs l Ul1ti:R :S: AT [t;ll
0 110 Insurance PERSONAL INJURY PE-RSONAL INJURY 0 625 Drug Related Seizure 0 422 Appeal28 USC' ISS 0 375 False Claims Acr
0 120Marine 0 310Auplane 0 36SPersonallnjwy ofPropcnyliUSC881 0 423\Vithdtawal 0 400SrareReapporuonmcnr
0 130MillcrAOI 0 31SAizplaneProduet Product Liability 0 6900rhcr 28USC IS7 0 410AnlitruSI
0 140 Negooable lnSinlment L.itb11ity 0 367 Health CMcl 0 430 Banks and Bank1ng
0 ISO Recovery of0vcrpl)lnxnl 0 320 As$aulr, Libel & Phannaoeutical 1-: 0 4SO ConVDCKe
& EnfO<Cemcnr of Judsroent Slander Penonal Injury 0 820 CopyrisJ!ts 0 460 Deportation
0 1 S I Medicare Aet 0 330 federal Employers' Produel Liability 830 Palall 0 470 RackctCCT Influenced and
0 I S2 Reeovery of Defaulted Liability 0 Jb8 AsbcSios PCt$0f\al 0 840 Trodenwk Cortupt Organizations
Student Loans 0 340 Iarine Injury Product a 480 Con.sumcr Credit
Vererans) 0 34 S Marine Product Liability a 490 C'ablc!Sat TV
0 I 53 Recovery of Overpayment Ltabihty PERSO:-;At. PROPERTY 0 710 Fatr Labor Standards 0 861 HIA (139Stl) a 8SO SecwiticsfCommoditiesl
ofVetcnn' s Benefils 0 :ISO Motor Vehicle 0 370 Other Fraud Act 0 862 Black Lung (923) Exchange
0 160 Stockholders' SutiS 0 355 Mo10r Vehicle 0 371 Truth in Lending 0 720 U.bor/M1!1icment 0 863 DIWC'IOIWW (405(g)) 0 890 Other StaiU!ory Actions
0 190 Oth.,.. Conrract Product Liability 0 380 Other Personal Relalton$ 0 864 SSID Title XVI 0 891 Agricultural Acts
0 195 C'onrraer Product Liblity 0 360 Other Pet$0nal Propeny Damage 0 740 Railway Labor Acr 0 865 RSI (40S(g)) 0 893 Environmental Maners
0 196Franchi$C Injury 0 385 PropcnyDamage 0 751 FamilyandMedJcol 0 895Froedomoflnfoml8tion
0 362 Personal Injury- Product Liability Leave Act Act

790 Other Labor Lirigorion 0 896 Arbitration

REAL PROPER rY (: ML RIG tiTS PRISON NS 0 791 E111ployee Retirement 0 899 Administralive Procedure
0 210 l.and Condemnation 0 440 Other Civil Rihts Habus Corpus: Income Security Act 0 870 TexC$ (U.S. Plaintiff Acr/Review or Appeal of
0 220 Foreclosure 0 441 V01ing 0 463 Alien Detainee or Defendant) Agency Decision
0 230 Rent Lease & J;iectmcnt 0 442 Employment 0 SIO Motions to Vacate 0 8711RS-Third Party 0 950Const iiU!ionalityof
0 240 Tons to Land 0 443 Housing/ Sentence 26 USC 7609 Stare Statutes
0 145 Tort Product Liability Accommodalious 0 530 General
0 290 All Other Real Propcny 0 445 Amcr. w/Oisabilitics 0 535 Death Penalty
Employment Other:
0 446 Amer. w/Oisabilities 0 540 Mandamus & Other
Other 0 550 Civil RisJ!ts
0 448 Education 0 SSS Prison Conditoon
0 560 Civil Detainee
Conditions of
Confinement
V. ORIGIN (Piti<'<'UII "X " mOneHrulJnly)
N
0 462 Naturalization Applicalton
0 465 Other lmmigra11on
Actions
)8f I Onginal 0 2 Removed from 0 3 Remanded from
Appellate Coun
0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict
Proceeding State Coun Reopened District Litigation
(<ptCijy)
Cue lhe U.S. fivil Statute under filing (DunutcitejwrisdictiOIIIIItutes
VI.
Brief description of cause:
Patent Infringement, Unjust Enrichment, Trade Dress Infringement, and Unfair Competition
VII. REQUESTED IN
COMPLAINT:
0 CHECK IF THIS IS A CLASS ACfiON DEMANDS CHECK YES only if demanded in complaint:
VIII. RELATED CASE(S)
IF ANY
DATE
09/17/2013
FOR OFFICE USE ONLY
RECEIPT# AMOUNT
UNDER RULE 23. F.R.Cv.P. TBD by Judge JURY DEMAND: Yes 0 No
(Se lnYITU(' /1011.<):
JUDGE DOCKET NUMBER
SIGNA TIJRE OF ATTORNEY OF RECORD
/Erik E. Ericksen/
APPLYING IFP
Case: 2: 13- cv- 00852
Assigned To : Wells, Brooke C.
Assign. Date : 9/ 17/2013
Description: Turbo Style Products v.
Luigia's Lashes et al