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OCS-2384432
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
SUN ZAPPER (AUST)
 
PTY
 
LIMITED Plaintiff v. GARY
 
DEVROY
 
and 
 
TRILLIUM
 
WORLDWIDE,
 
INC.. Defendants Civil Action No. JURY TRIAL DEMANDED
Complaint for Patent Infringement,
Trademark Infringement, False Designation of Origin, Unfair Competition and Deceptive Trade Practices, and for Declaratory Judgment Relief
Plaintiff, Sun Zapper (Aust) Pty Limited. (hereafter “Plaintiff”) brings this action against Defendants, Gary Devroy and his wholly owned company, Trillium Worldwide, Inc. (collectively referred to as “Defendants” and individually referred to as “Devroy” and “Trillium,” respectively). Plaintiff alleges the following facts based upon personal knowledge with respect to its own acts and based upon information and belief as to all other matters:
Nature of the Action and Parties
 
1.
 
Plaintiff is the owner of United States Patent No. 5,842,748 ("the '748 patent") directed to a glare reducing panel used in vehicles as well as U.S trademark Registration 2,339,147 for SUN ZAPPER. The Defendants have imported into and exported from the United States, sold and offered for sale, glare reducing panels in violation of Plaintiff's patent and trademark rights and have induced others to sell and use such products in violation of Plaintiff’s
 
 
OCS-2384432
2 patent and trademark rights. This Complaint also asserts causes of action arising under federal (Lanham Act) and state laws for false designation of origin, unfair competition and deceptive trade practices arising, at least in part, out of Defendants’ unlawful use of Plaintiff’s SUN ZAPPER mark and other marks confusingly similar thereto including, but not limited to, the GLARE ZAP’R and SUN BLASTER marks. Defendants’ actions also constitute trafficking in counterfeit goods under 18 U.S.C. § 2320, invoking the forfeiture and restitution remedies of that act. See, e.g.,18 U.S.C. § 2323(c).
 
2.
 
Plaintiff is an Australian corporation with it principal place of business at 8-32 Campbell Avenue, Dee Why, New South Wales, Australia. 3.
 
Upon information and belief, Defendant Devroy is an individual with a place of  business at 200 N. Milwaukee Ave., Suite 215, Libertyville, Illinois 60048. 4.
 
Upon information and belief, defendant Trillium is an Illinois corporation with a  place of business at 200 N. Milwaukee Ave., Suite 215, Libertyville, Illinois 60048. Trillium’s actions, particularly those set forth herein, are controlled and directed by Devroy. Upon information and belief, Devroy is the President and Secretary of Trillium and owns all or the majority of the common stock of Trillium.
Jurisdiction and venue
5.
 
This Court has jurisdiction over the subject matter of this action under 28 U.S.C. §§ 1331, 1332, 1338(a) and 1367 because the matter in controversy involves a federal question, there is diversity of citizenship, the action arises under the patent and trademark laws of the United States, including 35 U.S.C. § 271, and the Lanham Act, 15 USC. §§ 1051,
et seq
. Supplemental jurisdiction exists with respect to the remainder of the claims, which include
 
 
OCS-2384432
3claims for unfair competition based on the same nexus of operative facts as the other claims. The amount in controversy involves more than $75,000, exclusive of interest and costs. 6.
 
This Court has personal jurisdiction over Defendants in this state and district under 28 U.S.C. §§ 1391(b) and (c), F
ED
.R.C
IV
.P. Rule 4(k)(1), the long-arm statutes of the State of Illinois, and the Due Process Clause of the Constitution since the Defendants regularly conduct business in this state and district, "reside" in this jurisdiction, and have committed acts of patent and trademark infringement in this jurisdiction and a substantial part of the events giving rise to this case occurred in this jurisdiction. 7.
 
Venue is proper in this judicial district under Title 28, United States Code, §1391(b)(1) and (2) and (c), and 28 United States Code §1400(b) because,
inter alia
, the Defendants are subject to personal jurisdiction in this state and district and therefore "reside" in this state and district, a substantial part of the events giving rise to the claims asserted herein arose in this state and district. Defendants also have a regular and established business in this district. 8.
 
Defendants conduct business in this judicial district, including distributing and/or selling products, including those covered by the '748 patent and/or using the infringing trademarks, and by providing technical assistance, instructions and other information regarding the use of such products, all in violation of plaintiff's patent and trademark rights. In addition to retail sales through its own websites, Defendants sell products, including the infringing products, through various other retailers with sales locations throughout the United States and Canada. Such retailers include: Target, True Value, Cabela’s, Fingerhut, Scheel’s, NorthernTool.com, shop.proservsolutions.com, lifestyleshealthsys.com, healthwaysshoppingnetwork.com, sportsimportsltd.com, Gander MTX, Meijer, Menard’s, AutoAnything, Autobarn, AutoSport,

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