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Case: 1:16-cv-00517 Doc #: 1 Filed: 03/03/16 1 of 20.

PageID #: 1

IN TH E UN ITE D S TA TE S D IS TRIC T C O URT


N O RTH E RN D IS TRIC T O F O H IO
E A S TE RN D IV IS IO N
W IRE L E S S E N V IRO N M E N T,L L C ,
32333 A u roraRoad ,S u ite 100
S olon,O hio 44139

C A SE NO .
JUD GE
C O M P L A IN T

P laintiff,

JURY D E M A N D E N D O RS E D H E RE O N

v.
M IKA FE N TE C H ,IN C .
c/o C u nyu C hen,S tatu toryA gent
36 S ou th 18 th A venu e,S u ite A
B righton,C olorad o 8 0601
D efend ant.

Plaintiff Wireless Environment, LLC (Wireless Environment), for its Complaint


against Defendant Mikafentech, Inc. (Defendant) alleges the following:
TH E P A RTIE S
1.

Wireless Environment is an Ohio Limited Liability Company, with its principal

place of business located at 32333 Aurora Road, Suite 100, Solon, Ohio 44139.
2.

The members of Wireless Environment are citizens of the State of Ohio and

Maryland.
3.

Defendant is a Colorado corporation with its principal place of business and its

statutory agent, Cunyu Chen, located at 36 South 18th Avenue, Suite A, Brighton, Colorado
80601.
4.

Defendant is a citizen of the state of Colorado.


JURIS D IC TIO N A N D V E N UE

5.

This is a civil action against Defendant for patent infringement arising under the

patent laws of the United States, specifically 35 U.S.C. 271 and 35 U.S.C. 281; for trademark
15606302.1

Case: 1:16-cv-00517 Doc #: 1 Filed: 03/03/16 2 of 20. PageID #: 2

infringement arising under the trademark laws of the United States, specifically, 15 U.S.C.
1117 and 1125; for copyright infringement under the copyright laws of the United States,
specifically 17 U.S.C. 501 et seq.; and for acts of deceptive trade practices and unfair
competition.
6.

This Court has subject matter jurisdiction over this action under 28 U.S.C. 1331,

as it involves a federal question; under 28 U.S.C. 1338(a), as it involves patent, trademark, and
copyright infringement claims; and under 28 U.S.C. 1332, because the matter in controversy
exceeds $75,000.00 and is between citizens of different states.
7.

This Court also has supplemental jurisdiction under 28 U.S.C. 1367 over

Wireless Environments Deceptive Trade Practices Act and unfair competition claims, which are
related to the patent, trademark, and copyright infringement claims asserted in this Complaint
and which form part of the same case or controversy.
8.

This Court has personal jurisdiction over Defendant, based upon Defendants

contacts with Ohio and Wireless Environment, satisfying both Ohios long-arm statute and Due
Process.
9.

Defendant is subject to personal jurisdiction in Ohio because, among other

actions, Defendant advertised and sold spotlights in this judicial district and Ohio that infringe
Wireless Environments design patents and trademark; infringed Wireless Environments
copyright while advertising those spotlights; caused injury to Wireless Environment including
the loss of good will, reputation, brand standing, position in the marketplace, sales, and price
erosion; and is persistently soliciting business and deriving substantial revenue from sales of
those infringing spotlights in Ohio.

Case: 1:16-cv-00517 Doc #: 1 Filed: 03/03/16 3 of 20. PageID #: 3

10.

Venue in this judicial district is proper pursuant to 28 U.S.C. 1391 because

Defendant resides in this judicial district for the purposes of venue and because a substantial
part of the events or omissions giving rise to the asserted claims occurred in this judicial district.
11.

Defendant is advertising, marketing, making, using, importing, selling, and

offering for sale, products to consumers in this judicial district that infringe Wireless
Environments patent and trademark rights and copyright, causing harm to Wireless
Environment (Exhibit A).
W IRE L E S S E N V IRO N M E N TS S P O TL IGH T
12.

Wireless Environment has developed a number of convenient and affordable

wireless lighting solutions, including a line of indoor/outdoor portable light-emitting diode


(LED) products and fixtures.
13.

Wireless Environments top-selling and most-recognizable LED products are

lighting products marketed under its Wireless EnvironmentTM and MR BEAMS trademarks,
including the Wireless EnvironmentTM MR BEAMS MB390TM UltraBright LED Wireless
Motion Sensor Spotlight (the Wireless Environment Spotlight), depicted below:

Wireless Environment
Spotlight

W IRE L E S S E N V IRO N M E N TS P A TE N T RIGH TS


14.

Wireless Environment is the assignee of record and owner of design patents

D729,965S (the 965 Patent)(Exhibit B) and D733,345S (the 345 Patent)(Exhibit


3

Case: 1:16-cv-00517 Doc #: 1 Filed: 03/03/16 4 of 20. PageID #: 4

C)(collectively, the Design Patents), registered with the United States Patent and Trademark
Office (USPTO).
15.

The Wireless Environment Spotlight embodies the claimed design of the Design

Patents.
16.

The 965 Patent, issued on May 19, 2015, and the 345 Patent, issued on June 30,

2015 and are valid and cover an inventive, novel, and ornamental product design for a spotlight.
D E FE N D A N TS IN FRIN GIN G S P O TL IGH TS
17.

Defendant is advertising, marketing, making, using, importing, selling, and

offering for sale, an LED spotlight, the MIKAFEN 600-lumen Super Bright Weatherproof
Wireless Battery Powered 4 LED Spotlight Wall Light with Motion Sensor & Light Sensor (the
four-LED Infringing Spotlight) in Northeast Ohio, the entire state of Ohio, and throughout the
United States, as depicted below and also in Exhibits A and D.
18.

For example, Defendant is offering for sale and selling the four-LED Infringing

Spotlight on amazon.com, product ASIN number B0185LEW1I:

Case: 1:16-cv-00517 Doc #: 1 Filed: 03/03/16 5 of 20. PageID #: 5

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As another example, Defendant is advertising the four-LED Infringing Spotlight

for sale, as demonstrated in the below advertisement on a website dedicated to The Ohio State
University athletics and as seen in Ohio:
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Case: 1:16-cv-00517 Doc #: 1 Filed: 03/03/16 6 of 20. PageID #: 6

20.

The design of the four-LED Spotlight infringes the Design Patents:

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Case: 1:16-cv-00517 Doc #: 1 Filed: 03/03/16 7 of 20. PageID #: 7

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21.

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Defendant is also advertising, marketing, making, using, importing, selling, and

offering for sale a second LED spotlight, the Mikafen 300-Lumen Weatherproof Wireless
Battery Powered LED Ultra Bright Spotlight with Motion Sensor (the two-LED Infringing
Spotlight)(the two-LED Infringing Spotlight and the four-LED Infringing Spotlight collectively,
the Infringing Spotlights) that also infringes the Design Patents:
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Case: 1:16-cv-00517 Doc #: 1 Filed: 03/03/16 8 of 20. PageID #: 8

22.

Through its advertising, marketing, making, using, importing, selling, and

offering for sale the Infringing Spotlights, Defendant is selling a colorable imitation of the
claimed design of the Design Patents, without license from Wireless Environment.
23.

In the eye of an ordinary observer, giving such attention as a purchaser usually

gives, the claimed design of the Design Patents and the designs of the Infringing Spotlights are
substantially the same and virtually identical, so as to deceive the observer into purchasing the
Infringing Spotlights under the mistaken belief that they are Wireless Environment Spotlights
and MR BEAMS-brand products.
W IRE L E S S E N V IRO N M E N TS TRA D E D RE S S RIGH TS
24.

The non-functional product design of the Wireless Environment Spotlight also

attained secondary meaning and Wireless Environment now owns valid trademark rights over
that distinctive design.
25.

Consumers have come to associate the Wireless Environment Spotlights unique,

distinctive product design with one source.


26.

Among other reasons why the design of the Wireless Environment Spotlight

attained secondary meaning, Wireless Environment has invested significant marketing and
advertising resources in connection with that product, which is featured on numerous websites,
in catalogs that are in circulation in over 70 million homes, and on Shop HQ, which has a
viewership in excess of 15 million households.
27.

Among other reasons the design of the Wireless Environment Spotlight attained

secondary meaning, Wireless Environment has enjoyed significant sales of that product
throughout the United States, as well as in Europe and in Asia.

Case: 1:16-cv-00517 Doc #: 1 Filed: 03/03/16 9 of 20. PageID #: 9

28.

Furthermore, Wireless Environment began selling the Wireless Environment

Spotlight prior to Defendants sale of the Infringing Spotlights, and, as a result, has priority over
the trademark rights to the design of the Wireless Environment Spotlight.
29.

The substantial similarities between the design of the Infringing Spotlights and

the design of the Wireless Environment Spotlight are causing consumers to confuse, mistake, or
to be deceived about an affiliation, connection, or association between Defendant and Wireless
Environment and its MR BEAMS-brand products.
30.

The substantial similarities between the design of the Infringing Spotlights and

the design of the Wireless Environment Spotlight are causing consumers to be deceived as to the
origin, as well as Wireless Environments sponsorship, or approval, of the Infringing Spotlights.
31.

Defendants infringement of Wireless Environments trademark rights over the

design of the Wireless Environment Spotlight is willful and deceptive, further demonstrating
acquired distinctiveness in Wireless Environments product design.
D E FE N D A N TS C O P Y RIGH T IN FRIN GE M E N T
32.

Wireless Environment created and owns the below photo of the Wireless

Environment Spotlight (the Wireless Environment Spotlight Photo):

Case: 1:16-cv-00517 Doc #: 1 Filed: 03/03/16 10 of 20. PageID #: 10

33.

Wireless Environment registered its valid copyright to the Wireless Environment

Spotlight Photo, effective on April 13, 2015, Registration Nos. VAu 1-204-310 and VAu 1-204307, attached as Exhibits E and F, respectively.
34.

The Wireless Environment Spotlight Photo has value and was created and

produced at Wireless Environments expense.


35.

In connection with the sale of the two-LED Infringing Spotlight on amazon.com,

Defendant copied and used the Wireless Environment Spotlight Photo in a listing for the twoLED Infringing Spotlight, as depicted in the attached Exhibit G and below:

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Case: 1:16-cv-00517 Doc #: 1 Filed: 03/03/16 11 of 20. PageID #: 11

36.

Defendant used the Wireless Environment Spotlight Photo without Wireless

Environments authorization and, in so doing, infringed Wireless Environments copyright in


that photo.
37.

Defendants unauthorized use of the Wireless Environment Spotlight Photo while

advertising, marketing, and selling its own products further evidences its willful and intentional
trading off of Wireless Environments good will, reputation and brand standing.
38.

Defendants infringing activities are causing further irreparable harm to Wireless

Environment, as described below.


H A RM TO W IRE L E S S E N V IRO N M E N T
39.

Through its marketing and advertising activities, the high quality of the Wireless

Environment Spotlight, reasonable pricing, and through its sales worldwide, Wireless
Environment attained significant good will and, moreover, a high reputation with consumers,
retail buyers, and the marketplace with respect to the Wireless Environment Spotlight and other
MR BEAMS-brand products.
40.

As a result of the good will it attained with consumers, retail buyers, and the

marketplace, Wireless Environment enjoys repeat business for the Wireless Environment
Spotlight as well as its other products.
41.

Wireless Environment also enjoys significant brand standing in the LED product

industry for its high-quality and innovative products.


42.

Through advertising, marketing, making, using, importing, selling, and offering

the sale of the Infringing Spotlights, Defendant is confusing consumers into believing that its
spotlights are Wireless Environment Spotlights and MR BEAMS-brand products, in an attempt
to trade off of Wireless Environments good will, reputation, and brand standing.

11

Case: 1:16-cv-00517 Doc #: 1 Filed: 03/03/16 12 of 20. PageID #: 12

43.

On information and belief, the Infringing Spotlights are lesser quality spotlights

than the Wireless Environment Spotlight.


44.

If Defendant continues its infringing sales, Wireless Environment will continue to

suffer irreparable harm that is difficult to quantify and that cannot be adequately addressed
through monetary damages, including:

Loss of the reputation, good will, and brand standing attained with
consumers, retail buyers, and the marketplace;

Immeasurable loss of downstream sales of later product versions and


associated MR BEAMS-brand products;

Immeasurable continued costs associated with having to continually


enforce the Design Patents against resellers of the Infringing Spotlights on
e-commerce sites, such as amazon.com and eBay.com, which facilitate the
reselling and on-going proliferation of the Infringing Spotlights;

Erosion of product pricing as a result of Defendants and resellers


constant lowering of prices toward liquidation levels; and,

Loss of market share, sales, and consumers, not only for the Wireless
Environment Spotlight but other MR BEAMS-brand products.

45.

The irreparable harm that Wireless Environment is suffering and continues to

suffer as a result of Defendants sale of the Infringing Spotlights outweighs any inconvenience
imposed upon Defendant, if required to cease selling the Infringing Spotlights and sell a noninfringing product, instead.
46.

The public has an interest in the enforcement of Wireless Environments patent

rights and, furthermore, an interest in preventing Defendant from unfairly competing with
Wireless Environment through the sale of its Infringing Spotlights.
C O UN T O N E
(Infringementof U.S .P atentN o.D 7 29,965S )
47.

Wireless Environment incorporates each and every paragraph set forth above as if

fully rewritten herein.


12

Case: 1:16-cv-00517 Doc #: 1 Filed: 03/03/16 13 of 20. PageID #: 13

48.

Wireless Environment owns the 965 Patent and is the assignee of record with the

United States Patent and Trademark Office.


49.

Defendant is infringing the 965 Patent by, among other things, advertising,

making, using, importing into the United States, selling, and offering to sell the Infringing
Spotlights, which are substantially similar to and virtually identical in appearance and design as
the inventive, novel, and ornamental design claimed in the 965 Patent.
50.

As a result of Defendants infringement of the 965 Patent, Wireless Environment

suffered and will continue to suffer irreparable harm unless Defendants infringing activities are
enjoined.
51.

Wireless Environment has no adequate remedy at law for the irreparable harm

caused by Defendants infringement and is entitled to injunctive relief.


52.

Wireless Environment also suffered monetary damages.

53.

Having notice of the Design Patents, Defendants infringement is willful and

intentional, making this an exceptional case and justifying the imposition of treble damages and
an award of reasonable attorneys fees pursuant to the provisions of 35 U.S.C. 284 and 285.
C O UN T TW O
(Infringementof U.S .P atentN o.D 7 33,345S )
54.

Wireless Environment incorporates each and every paragraph set forth above as if

fully rewritten herein.


55.

Wireless Environment owns the 345 Patent and is the assignee of record with the

United States Patent and Trademark Office.


56.

Defendant is infringing the 345 Patent by, among other things, advertising,

making, using, importing into the United States, selling, and offering to sell the Infringing

13

Case: 1:16-cv-00517 Doc #: 1 Filed: 03/03/16 14 of 20. PageID #: 14

Spotlights, which are substantially similar to and virtually identical in appearance and design as
the inventive, novel, and ornamental design claimed in the 345 Patent.
57.

As a result of Defendants infringement of the 345 Patent, Wireless Environment

suffered and will continue to suffer irreparable harm unless Defendants infringing activities are
enjoined.
58.

Wireless Environment has no adequate remedy at law for the irreparable harm

caused by Defendants infringement and is entitled to injunctive relief.


59.

Wireless Environment has also suffered monetary damages.

60.

Having notice of the Design Patents, Defendants infringement is willful and

intentional, making this an exceptional case and justifying the imposition of treble damages and
an award of reasonable attorneys fees pursuant to the provisions of 35 U.S.C. 284 and 285.
C O UN T TH RE E
(Trad e D ress Infringem ent)
61.

Wireless Environment incorporates each and every paragraph set forth above as if

fully rewritten herein.


62.

By selling the Infringing Spotlights, Defendant is infringing Wireless

Environments trademark rights over the distinctive product design of the Wireless Environment
Spotlight.
63.

Consumers are confusing the Infringing Spotlights design with the Wireless

Environment Spotlights design because they are virtually identical in appearance.


64.

Defendants sale of the Infringing Spotlights is causing consumers to erroneously

believe that Wireless Environment is the origin of, sponsors, and approves those products. and
that the Infringing Spotlights are the same products as the Wireless Environment Spotlight.

14

Case: 1:16-cv-00517 Doc #: 1 Filed: 03/03/16 15 of 20. PageID #: 15

65.

Defendants sale of the Infringing Spotlights is a violation of the Lanham Act, 15

U.S.C. 1125.
66.

As a result of Defendants infringement of Wireless Environments trademark

rights over its product design, Wireless Environment is suffering irreparable harm, which will
continue unless Defendants infringing activities are enjoined.
67.

Wireless Environment has no adequate remedy at law for the irreparable harm

caused by Defendants infringement and is entitled to injunctive relief.


68.

Wireless Environment has also suffered monetary damages and is entitled to

Defendants profits, actual damages, and costs.


69.

Defendants infringing activities are willful and intentional, making this an

exceptional case and justifying the imposition of treble damages pursuant to 15 U.S.C. 1117.
C O UN T FO UR
(V iolation O f C opyrightA ct)
70.

Wireless Environment incorporates each and every paragraph set forth above as if

fully rewritten herein.


71.

Wireless Environment owns the exclusive copyright to the Wireless Environment

Spotlight Photo.
72.

Without permission or consent from Wireless Environment, Defendant is

copying, distributing, and using the Wireless Environment Spotlight Photo in connection with
the advertising and sale of the two-LED Infringing Spotlight.
73.

In so doing, Defendant is violating Wireless Environments exclusive rights to:

Reproduce its copyrighted work in copies;

Prepare derivative works based upon its copyrighted work; and

15

Case: 1:16-cv-00517 Doc #: 1 Filed: 03/03/16 16 of 20. PageID #: 16

To distribute copies of its copyrighted work to the public, among other


rights.

74.

Defendants acts of copyright infringement are willful and intentional.

75.

Defendants conduct is causing Wireless Environment irreparable harm, which

will continue unless Defendants infringing activities are enjoined.


76.

Wireless Environment has no adequate remedy at law for the irreparable harm

caused by Defendants infringement.


77.

Pursuant to 17 U.S.C. 502 and 503, Wireless Environment is entitled to

injunctive relief prohibiting Defendant from further infringing its copyright, ordering it to
destroy all infringing photographs made in violation of Wireless Environments copyright, and
the ordering of the impoundment of all infringing articles for the pendency of this lawsuit.
78.

As a result of Defendants infringement of Wireless Environments exclusive

rights under copyright, Wireless Environment is entitled to actual damages and additional relief
pursuant to 17 U.S.C. 504 and 17 U.S.C. 505, as applicable.
C O UN T FIV E
(C om mon L aw UnfairC ompetition)
79.

Wireless Environment incorporates each and every paragraph set forth above as if

fully rewritten herein.


80.

By advertising, making, using, importing into the United States, selling, and

offering to sell the Infringing Spotlights and by violating Wireless Environments copyright in
the Wireless Environment Spotlight Photo, Defendant is acting with the purpose and intent to
deceive consumers into believing that the Infringing Spotlights are Wireless Environment
Spotlights and MR BEAMS-brand products.

16

Case: 1:16-cv-00517 Doc #: 1 Filed: 03/03/16 17 of 20. PageID #: 17

81.

As a result of Defendants unfairly competitive activities, Wireless Environment

suffered irreparable harm, which will continue unless Defendants unfair competition is
enjoined.
82.

Wireless Environment has no adequate remedy at law for the irreparable harm

caused by Defendants infringement and is entitled to injunctive relief.


83.

Wireless Environment is also entitled to recover monetary damages as a result of

Defendants actions.
C O UN T S IX
(V iolations O f O hio D eceptive Trad e P ractices A ct,R.C . 4165.02)
84.

Wireless Environment incorporates each and every paragraph set forth above as if

fully rewritten herein.


85.

Through its sale of the Infringing Spotlights with designs that are being confused

with the unique, distinctive design of the Wireless Environment Spotlight, Defendant is violating
Ohios Deceptive Trade Practices Act:

By creating confusion and misunderstanding as to the source, sponsorship,


approval, and certification of the Infringing Spotlights, namely, that
Wireless Environment is the source of, sponsors, approves, and certifies
those infringing products; and,

By creating confusion and misunderstanding as to an affiliation,


connection, and association with Wireless Environment and the Wireless
Environment Spotlight and the Infringing Spotlights.

86.

Defendants willful and deceptive actions are influencing consumers purchasing

decisions.
87.

As a result of Defendants deceptive trade practices, Wireless Environment is

suffering irreparable harm, which will continue unless Defendants deceptive trade practices are
enjoined.
17

Case: 1:16-cv-00517 Doc #: 1 Filed: 03/03/16 18 of 20. PageID #: 18

88.

Wireless Environment has no adequate remedy at law for the irreparable harm

caused by Defendants deceptive trade practices, entitling it to injunctive relief under R.C.
4165.03.
89.

Wireless Environment is also entitled to recover monetary damages as a result of

Defendants actions.
W H E RE FO RE , Wireless Environment is entitled to respectfully seek the following
relief against Defendant:
A s to C ou nts Iand II:

Judgment that Defendants conduct infringes Wireless Environments


patent rights, in violation of 35 U.S.C. 271;

Monetary damages in excess of $75,000 and in an amount to be proven at


trial, including the greater of total profit damages under 35 U.S.C. 289,
lost profits or, at the very least, a reasonable royalty based upon
Defendants sales;

Treble damages as a result of the willful and deliberate nature of


Defendants infringement, in accordance with 35 U.S.C. 284; and,

Attorneys fees, in accordance with 35 U.S.C. 285.

A s to C ou ntIII:

Judgment that Defendants conduct infringes Wireless Environments


trade dress rights, in violation of 15 U.S.C. 1125; and,

Damages in excess of $75,000 and in an amount to be proven at trial, in


the form of Defendants profits, actual damages suffered by Wireless
Environment, and compensation for corrective advertising and attorneys
fees, in accordance with 15 U.S.C. 1117.

A s to C ou ntIV :

Judgment that Defendants conduct infringes Wireless Environments


copyright under the copyright laws of the United States, specifically 17
U.S.C. 501 etseq.
18

Case: 1:16-cv-00517 Doc #: 1 Filed: 03/03/16 19 of 20. PageID #: 19

Damages in excess of $75,000 and in an amount to be determined at trial,


plus punitive damages and attorneys fees.

A s to C ou ntV -V I:

Damages in excess of $75,000 and in an amount to be determined at trial,


plus punitive damages and attorneys fees.

A s to A llC ou nts:

A preliminary, mandatory, and permanent injunction enjoining, restraining


and ordering Defendant, and its respective officers, agents, servants,
employees, attorneys, and other persons who are in active concert or
participation with them to:
a. Immediately cease advertising, promoting, making, using, importing
into the United States, offering to sell, and selling, the Infringing
Spotlight, and any other product that is substantially similar to the
designs covered under the Design Patents and the Wireless
Environment Spotlight, including through e-commerce websites from
which consumers in the United States are able to purchase products.
b. Immediately cease advertising, promoting, making, using, importing
into the United States, offering to sell, and selling, the Infringing
Spotlight, and any other product that will cause consumers to confuse,
mistake, or to be deceived about an affiliation, connection, or
association between the Infringing Spotlights and Wireless
Environment and its MR BEAMS-brand products.
c. Immediately cease advertising, promoting, making, using, importing
into the United States, offering to sell, and selling, the Infringing
Spotlights and any other product that will cause consumers to
misunderstand the source, sponsorship, approval, and certification of
the Infringing Spotlights, namely, that Wireless Environment is the
origin and source of, sponsors, approves, and certifies those products.
d. Immediately remove each product listing of the Infringing Spotlights
on e-commerce platforms and websites from which consumers in the
United States are able to purchase products including, but not limited
to, amazon.com, product ASIN number B0185LEW1I, and
immediately undertake corrective advertising to remedy any consumer
confusion that Wireless Environment is the origin and source of,
sponsors, approves, and certifies the Infringing Spotlights.
19

Case: 1:16-cv-00517 Doc #: 1 Filed: 03/03/16 20 of 20. PageID #: 20

e. Immediately cease engaging in advertising and promotional activities


that trade off of the good will, reputation, and brand standing of
Wireless Environment and its MR BEAMS-brand products, including
the use of Wireless Environments trademarks and copyrighted
materials, and the purchasing of advertising keywords that incorporate
MR BEAMS, Wireless Environment, Wireless Environment
product numbers, other Wireless Environment-brand product names,
and any combination thereof.
f. Immediately deliver to Wireless Environment all inventory of, and all
literature, advertisements, and other materials displaying, the
Infringing Spotlights or any product that is substantially the same as,
or confusingly similar in appearance to the Wireless Environment
Spotlight, and the immediate impoundment of infringing articles for
the pendency of this lawsuit.

Attorneys fees, pre-judgment interest, and post-judgment interest; and,

For all other relief as this Court may deem just and proper.
JURY D E M A N D

Wireless Environment demands a trial by jury as to all issues so triable.


Dated: March 3, 2016

/s/: Philip R. Bautista


Philip R. Bautista (0073272)
pbautista@taftlaw.com
TAFT STETTINIUS & HOLLISTER LLP
200 Public Square, Suite 3500
Cleveland, OH 44114-2302
Phone: (216) 241-2838
Fax: (216) 241-3707
A ttorney forP laintiff,W ireless E nvironment,
LLC

20

Case: 1:16-cv-00517 Doc #: 1-1 Filed: 03/03/16 1 of 1. PageID #: 21

EXHIBITA

1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ! ! !1 1 1 1 1 1 1 1 1 1 1 1 1

Case: 1:16-cv-00517 Doc #: 1-2 Filed: 03/03/16 1 of 15. PageID #: 22

(12)

United States Design Patent


Recker et al.

(54)

(10) Patent No.:


(45) Date of Patent:

US D729,965 S
** May 19, 2015

OTHER PUBLICATIONS

SPOTLIGHT

(71) Applicants:Michael V Recker, Gaithersburg, MD


(US); David B Levine, Pepper Pike, OH
(US)

UltraBright Outdoor Security Spotlight product page. Available at


http://www.mrbeams.com/new-upcoming-broducts/25-ultrabrightoutdoor-security-spotlignt-mb390.First published Feb. 1, 2013. 2
pgs.

(72) Inventors: Michael V Recker, Gaithersburg, MD


(US); David B Levine, Pepper Pike, OH
(US)

* cited by examiner

(73) Assignee: WIRELESS ENVIRONMENT, LLC,


Solon, OH (US)
(**) Term:
(21)

(57)
CLAIM
The ornamental design for a spotlight, as shown and
described.

14 Years

Appl. No.: 29/455,578

DESCRIPTION

(22)

Filed:

(51)
(52)

LOC (10) Cl.


26-03
U.S. Cl.
USPC
D26/63
Field of Classification Search
CPC
F21V 21/14; F21V 15/01; F21V 14/02;
F21V 21/30; F21V 21/00; F21V 14/00;
F21S 8/00; F21S 8/003; F21S 8/043; F21Y
2105/001
USPC
D26/1, 24, 61, 63, 65, 85, 92
See application file for complete search history.

(58)

(56)

Primary Examiner Brian N Vinson


(74) Attorney, Agent, or Firm Finnegan, Henderson,
Farabow, Garrett & Dunner LLP

May 22, 2013

References Cited
U.S. PATENT DOCUMENTS
D234,801 S * 4/1975 Gore et al.
D316,303 S * 4/1991 Layne
D407,518 S * 3/1999 Yeh
D693,500 S * 11/2013 Souvay et a1.
D698,477 S * 1/2014 Korpi

D26/63
D26/63
D26/63
D26/61
D26/63

FIG. 1 is a front right perspective view of a first embodiment


of a spotlight showing our new design;
FIG. 2 is a front elevation view thereof;
FIG. 3 is a rear view thereof;
FIG. 4 is a top view thereof;
FIG. 5 is a bottom view thereof;
FIG. 6 is a right side view thereof;
FIG. 7 is a left side view thereof;
FIG. 8 is a front right perspective view of the second embodiment of a spotlight showing our new design;
FIG. 9 is front elevation view thereof;
FIG. 10 is rear view thereof;
FIG. 11 is top view thereof;
FIG. 12 is a bottom view thereof;
FIG. 13 is a right side view thereof; and,
FIG. 14 is a left side view thereof.
The elements depicted in broken lines form no part of the
claimed design.

EXHIBIT B

1 Claim, 14 Drawing Sheets

Case: 1:16-cv-00517 Doc #: 1-2 Filed: 03/03/16 2 of 15. PageID #: 23

U.S. Patent

May 19, 2015

Sheet 1 of 14

FIG. 1

US D729,965 S

Case: 1:16-cv-00517 Doc #: 1-2 Filed: 03/03/16 3 of 15. PageID #: 24

U.S. Patent

May 19, 2015

Sheet 2 of 14

FIG. 2

US D729,965 S

Case: 1:16-cv-00517 Doc #: 1-2 Filed: 03/03/16 4 of 15. PageID #: 25

U.S. Patent

May 19, 2015

Sheet 3 of 14

FIG. 3

US D729,965 S

Case: 1:16-cv-00517 Doc #: 1-2 Filed: 03/03/16 5 of 15. PageID #: 26

U.S. Patent

May 19, 2015

Sheet 4 of 14

FIG. 4

US D729,965 S

Case: 1:16-cv-00517 Doc #: 1-2 Filed: 03/03/16 6 of 15. PageID #: 27

U.S. Patent

May 19, 2015

Sheet 5 of 14

FIG. 5

US D729,965 S

Case: 1:16-cv-00517 Doc #: 1-2 Filed: 03/03/16 7 of 15. PageID #: 28

U.S. Patent

May 19, 2015

Sheet 6 of 14

FIG. 6

US D729,965 S

Case: 1:16-cv-00517 Doc #: 1-2 Filed: 03/03/16 8 of 15. PageID #: 29

U.S. Patent

May 19, 2015

Sheet 7 of 14

FIG. 7

US D729,965 S

Case: 1:16-cv-00517 Doc #: 1-2 Filed: 03/03/16 9 of 15. PageID #: 30

U.S. Patent

May 19, 2015

Sheet 8 of 14

FIG. 8

US D729,965 S

Case: 1:16-cv-00517 Doc #: 1-2 Filed: 03/03/16 10 of 15. PageID #: 31

U.S. Patent

May 19, 2015

Sheet 9 of 14

FIG. 9

US D729,965 S

Case: 1:16-cv-00517 Doc #: 1-2 Filed: 03/03/16 11 of 15. PageID #: 32

U.S. Patent

May 19, 2015

Sheet 10 of 14

FIG. 10

US D729,965 S

Case: 1:16-cv-00517 Doc #: 1-2 Filed: 03/03/16 12 of 15. PageID #: 33

U.S. Patent

May 19, 2015

Sheet 11 of 14

FIG. 11

US D729,965 S

Case: 1:16-cv-00517 Doc #: 1-2 Filed: 03/03/16 13 of 15. PageID #: 34

U.S. Patent

May 19, 2015

Sheet 12 of 14

FIG. 12

US D729,965 S

Case: 1:16-cv-00517 Doc #: 1-2 Filed: 03/03/16 14 of 15. PageID #: 35

U.S. Patent

May 19, 2015

Sheet 13 of 14

FIG. 13

US D729,965 S

Case: 1:16-cv-00517 Doc #: 1-2 Filed: 03/03/16 15 of 15. PageID #: 36

U.S. Patent

May 19, 2015

Sheet 14 of 14

FIG. 14

US D729,965 S

I 1 1 1 1 1 1 1 I 1 1 1 1 1 1 sli p! j11141 1 1 1 1 1 1 1 1 1 1 1 1 1

Case: 1:16-cv-00517 Doc #: 1-3 Filed: 03/03/16 1 of 8. PageID #: 37

(12)

United States Design Patent


Recker et al.

(54)

SPOTLIGHT

(71)

Applicants:Michael V Recker, Gaithersburg, MD


(US); David B Levine, Pepper Pike, OH
(US)

(72)

(73)

Inventors: Michael V Recker, Gaithersburg, MD


(US); David B Levine, Pepper Pike, OH
(US)
Assignee: Wireless Environment LLC, Solon, OH
(US)

(**)

Term:

(21)

Appl. No.: 29/522,074

(22)

Filed:

14 Years

Mar. 27, 2015

Related U.S. Application Data


(63)

Continuation of application No. 29/455,578, filed on


May 22, 2013.

(51)
(52)

LOC (10) Cl.


26-03
U.S. Cl.
USPC
D26/63
Field of Classification Search
USPC
D26/1, 24, 61, 63, 65, 85, 92
CPC
F21V 21/14; F21V 15/01; F21V 14/02;
F21V 21/30; F21V 21/00; F21V 14/00;
F21S 8/00; F21S 8/003; F21S 8/043; F21Y
2105/001
See application file for complete search history.

(58)

(10) Patent No.:


(45) Date of Patent:
(56)

US D733,345 S
** Jun. 30, 2015

References Cited
U.S. PATENT DOCUMENTS
D173,139 S
10/1954 Black
D234,801 S * 4/1975 Gore et al.
D269,464 S
6/1983 Caroli
D316,303 S * 4/1991 Layne
D340,305 S
10/1993 Hall et al.
D407,518 S * 3/1999 Yeh
D562,486 S
2/2008 Luke
D594,997 S
6/2009 Zhu et al.
D618,837 S
6/2010 Leung et al.
D645,180 S
9/2011 Slater
D693,500 S * 11/2013 Souvay et al.
D698,477 S * 1/2014 Korpi

D26/63
D26/63
D26/63

D26/61
D26/63

* cited by examiner
Primary Examiner Brian N Vinson
(74) Attorney, Agent, or Firm Finnegan, Henderson,
Farabow, Garrett & Dunner LLP
(57)
CLAIM
The ornamental design for a spotlight, as shown and
described.
DESCRIPTION
FIG. 1 is a front right perspective view of a spotlight showing
our new design;
FIG. 2 is a front elevation view thereof;
FIG. 3 is a rear view thereof;
FIG. 4 is a top view thereof;
FIG. 5 is a bottom view thereof;
FIG. 6 is a right side view thereof; and,
FIG. 7 is a left side view thereof.
The broken lines shown in the drawings illustrate portions of
the spotlight that form no part of the claimed design.
1 Claim, 7 Drawing Sheets

Case: 1:16-cv-00517 Doc #: 1-3 Filed: 03/03/16 2 of 8. PageID #: 38

U.S. Patent

Jun. 30, 2015

Sheet 1 of 7

FIG. 1

US D733,345 S

Case: 1:16-cv-00517 Doc #: 1-3 Filed: 03/03/16 3 of 8. PageID #: 39

U.S. Patent

Jun. 30, 2015

Sheet 2 of 7

FIG. 2

US D733,345 S

Case: 1:16-cv-00517 Doc #: 1-3 Filed: 03/03/16 4 of 8. PageID #: 40

U.S. Patent

Jun. 30, 2015

Sheet 3 of 7

FIG. 3

US D733,345 S

Case: 1:16-cv-00517 Doc #: 1-3 Filed: 03/03/16 5 of 8. PageID #: 41

U.S. Patent

Jun. 30, 2015

Sheet 4 of 7

FIG. 4

US D733,345 S

Case: 1:16-cv-00517 Doc #: 1-3 Filed: 03/03/16 6 of 8. PageID #: 42

U.S. Patent

Jun. 30, 2015

Sheet 5 of 7

FIG. 5

US D733,345 S

Case: 1:16-cv-00517 Doc #: 1-3 Filed: 03/03/16 7 of 8. PageID #: 43

U.S. Patent

Jun. 30, 2015

Sheet 6 of 7

FIG. 6

US D733,345 S

Case: 1:16-cv-00517 Doc #: 1-3 Filed: 03/03/16 8 of 8. PageID #: 44

U.S. Patent

Jun. 30, 2015

Sheet 7 of 7

((
FIG. 7

US D733,345 S

Case: 1:16-cv-00517 Doc #: 1-4 Filed: 03/03/16 1 of 1. PageID #: 45

EXHIBIT D

Case: 1:16-cv-00517 Doc #: 1-5 Filed: 03/03/16 1 of 2. PageID #: 46

Certificate
Registration
Certificate of Registration
l'A
l'A //

seal of
This Certificate
issued under
under the
the seal
of the
the Copyright
Copyright
Certificate issued
This
States Code,
United States
with title
title 17,
17, United
Office
in accordance
accordance with
Office in
attests
that registration
registration has been made
made for
for the
the work
attests that
certificate has
identified below.
below.The
Theinformation
information on this
this certificate
identified
Copyright Office
Office records.
the Copyright
records.
part of the
madea part
been made

' 1870
870

ocAtc,

Few

Registration
Number
Registration Number

1-204-310
VAu
VAu1-204-310
of Registration:
Registration:
Effective
Effective Date
Date of
April 13,
13, 2015
April
2015

Register of
of Copyrights,
Copyrights, United
United States
States of
of America
America
Register

Title
Title
Title
Title of Work:

12.31.2012
Zorc, Steve
Beams Photographs
Photographs 12.31.2012
Stcve Mr.
Mr. Beams
Zorc,

Content
Content Title:
Title:

330-360-brick-HR;
330-brick-HR;
-HR; 330-close-LR;
330-close-LR; 330-whtspotporch-LR;
330-whtspotporeh-LR; 360360-brick -HR; 330-brick
330-360
530-stairlanding-LR;
530-brick -HR; 530-stairlanding-LR;
brick-HR;
360flipPKG Ha;
Ha; 360PKG
HR;530-brick-HR;
360PKGRR;
brick
-HR; 360flipPKG
530-stairlandingupward-LR;
-1R; 723-hall-LR;
530-stairlandingupward-LR; 542-572=brick-1
542-572-brick-BR;
723-hall-LR; 723-hallbystairs723-hallbystairs850-coffeekaren-HR; 850-coffeekaren723-hallvertical-LR; 850-bigkitchen-LR;
850-bigkitchen-LR; 850-brick
850-brick-HR;
LR; 723-hallvertical-LR;
LR;
-HR;
850-kitchen-LR; 850-laundry-LR;
850-laundry-LR; 850-LR;
850-LR; 850-movieshelf-LR;
850-movieshelf-LR; 850-phone
850-phone-HR;
850-kitchen-LR;
850-smallkitchenW-LR;
850-phone-LR; 850-shoes-LR;
850-shoes-LR; 850-smallkitchen-LR;
850-smallkitchen-LR; 850-smallkitchenW-LR;
850-phone-LR;
850-utilitysink-LR;
850-utilitysink-LR;
860-batteries-LR; 860-bigkitchen-LR;
860-bigkitchen-LR; 860-bigkitchencuttingboard-LR;
860-bigkitchencuttingboard-LR; 860860860-batteries-LR;
860-dresserdoor-LR; 860-LR;
860-LR; 860-on-LR;
860-on-LR;
coffee-LR; 860-coffeekaren-LR
860-coffeekaren-LR-;- 860-dresserdoor-LR;
coffee-LR;
860-workbench-LR;
860-workbench-LR;
980-kitebenpantry-LR;
860PKG HR;
-HR;-980-brick-HR; 980-kitebermantry-LR;
862PKG-HR;-980-brick-HR;
860PKG
HR;862PKG
MB330
PKG_CMYK; MB360CMYK;
MB360CMYK;
MB33
-0 PKG_CMYK;
CMYK;
MB330
CM
MB330--YK;
_PKG CMYK;
380_PKG_v2_CMYK;MB380_v2CMYK;
MB380_v2CMYK;
M13360:PKG
CMYK;M13380_PKG_v2_CMYK;
M13360
M13390 CMV
M13390
CMV--K;
MB522PKG;MB720PKG_HR;
MB720PKG_HR;
MB390
MB520PKG;
MB520PKG;MB522PKG;
CMYK;
MB390PKG
PKGCMYK;
MB850PKG_HR;MB852PKG_HR;
KG_HR; MB850PKG_HR;
MB852PKG_HR;
MF372213KG_HR;
ReadyBright
ReadyBriLditKitPKGHR,
KitPKGFIR

Completion/Publication
Completion/Publication
Year of Completion:
Year
Completion:

2012

Author:
Author:
Created:
Author
Author Created:
hire:
Work made
madefor
Work
for hire:
Citizen of:
of:
Citizen
Domiciled in:
in:
Domiciled

Wireless
Environment, LLC
LLC
Wireless Environment,
photograph
photograph
Yes
United
States
United States
United
United States
States

Author
Author

Claimant
Copyright Claimant
Copyright
Claimant:
Copyright
Copyright Claimant:

Wireless
Environment, LLC
LLC
Wireless Environment,
100, Salon,
Salon, OH,
32333 Aurora
Road, Ste
OH, 44139,
44139, United
United States
States
Aurora Road,
Ste 100,
32333

Page 1 of 2

EXHIBIT E

Case: 1:16-cv-00517 Doc #: 1-5 Filed: 03/03/16 2 of 2. PageID #: 47

Rights and Permissions


Rights
Permissions
Organization
Name: Taft/
Taft/
Organization Name:
LeonDavid
David Bass
Name: Leon
Bass
Email:
Email: lbass@taftlaw.com
lbass@taftlaw.com
Telephone:
(614)431-2277
Telephone: (614)431-2277
Address: 6565E.E.State
State Street
Street
Address:
Suite
Suite 1000
OH 43215
43215 United
United States
States
Columbus, OH

Certification
Certification
LeonBass
Name: Leon
Bass
Date: April
April 13,
13, 2015
2015
Date:
Applicant's Tracking
Tracking Number: WIRO5
Applicant's
WIRO5GN002
GN002

CtOZ1.0011VA0000,,
.Z0Z00,.......

.1E11MIME 111 11E111 WM ii

Copyright
Office notes:
notes: Regarding
Regardingregistration
Copyright Office
registration ofofmultiple
multiple works:
works: Registered
Registered as
as an
an unpublished
unpublished
collection.
collection.

C
0

0
o

O
IV

Page 2 of 2

Case: 1:16-cv-00517 Doc #: 1-6 Filed: 03/03/16 1 of 2. PageID #: 48

Certificate of
of Registration
issued under
under the
the seal of
of the
the Copyright
This Certificate issued
Code,
title17,
17, United States Code,
withtitle
Office in
in accordance
accordance with
attests that
that registration has been made for the work
Theinformation
information on
on this
this certificate has
identified below. The
CopyrightOffice
Office records.
been made apart
ofthe
theCopyright
apart of

Registration
Registration Nifib.er
Nifib.er

VAu 1-204-307
Effective Date of
of Registration:
13, 2015
April 13,

of Copyrights,
Copyrights, United States of America
America
Register of

Title
Work:
Title of
of Work:

Zorc,
Mr. Beams
Beams Photographs 12.31.2013
Zorc, Steve Mr.

300-14Hallway-LR; 300-2-comparison3004cOrnparison-HR; 300-14Hallway-LR;


Car-LR; 3004cOrnparison-HR;
Title: -- 300-1.--Car-LR;
Content Title:
300-angled-doWn-L.R; 300-angled-up-LR;
-11R;
300-3-comparison4IR; 300-angled-doWn-L.R;
300-angled-up-LR; 300HR;300-3-comparison7HR;
fottward-LR; 300-side-LR;
300-side-LR;
forward-UR;
310-1.-.Hallway-LR: 310-2-Car-LR;
310-2-Car-LR;310-2-Hallway-LR;
310-2-Hallway-LR; 310-- 310-1-Car-LR;
31071-Car-LR; 310-1.-.Hallway-LR;
.angled7down-LR.;
angled7down-LR.; 310-angled-up-LR;
310-angled-up-LR; 310-Back
310-Back Dook-LR;
Dook-LR; 310-face-LR;
310-face-LR; 310- Girl Shelf-LR;
Shelf-LR;
310-Girl Walking-LR;
310-side-LR: 310-Wall-LR;
310-Wall-LR; 330-eave310-Kids-LR; 310-side-LR;
310-Girl
Walking-LR; 310-Kids-LR;
base330-New-base-- NewBase-HR;
NewBase-HR; 330-eave-NewBase-LR;
330-eave-NewBase-LR; 330-hang-NewBase-LR;
330-hang-NewBase-LR; 330-New- LR;
LR; 330-takingouttrash-LR;
360-eave-NewBase-LR; 360-hand-NewBase7LR:
360-hand-NewBase7LR: 3601 1 33607eaVe-NewBase-HR;
607eaVe-NewBase-HR; 360-eave-NewBase-LR;
380-1-oldbase-LR; 380-BasketBall-LR; 380-eave-NewBase-HR;
NewBase-LR; 380-1-oldbase-LR;
380-eave-NewBase-HR;
NewBase4a;
3S07eaVe-NewBase-LR;
3S07eaVe-NewBase-LR;
Car-LR; 380-grill-LR; 380-hang-NewBase-LR;
of Car-LR;
380-hang-NewBase-LR; 380-hang. 3-807Getting Out of
oldbaSe-LR;
oldbase-LR; 380-mangrilling-LR; 380-mangrillingnolight-LR; 380-NewBase'' LR;
LR;390-close-LR;
390-close-LR;
390-dog-LR; 390-driveway-LE;
390-driveway-LR; 390-drivewaybrian-LR;
390-drivewaybrian-LR; 390-eave-NewBase390-dog-LR;
1-1R;
390-eave-NewBase-LR;390-hang-NewBase-LR;
390-hang-NewBase-LR; 390-housedoor-LR;
390-housedoor-LR; 3901-1R; 390-eave-NewBase-LR;
housedoordarby-LR;
housedoordarby-LR;
390-MBsign.door7LR;390-NewBase-LR;
390-NewBase-LR;390-officedoor-LR;
390-officedoor-LR; 390-oldbase-LR;
390-oldbase-LR;
390-MBsigndoor7LR;
390-pathlightwalkwaY-LR; 390-paffilightwalkwayvertical-LR; 390-warehouse390-warehouse390-pathlightwalkwa'y-LR;
LR;
LR;
390AlleyFIR:
3901.1ippednoglare_HR; 390flipPKG_HR_noglare;
390AlleyHR; 3901.1ippednoglare_HR;
390flipPKG_HR_noglare;
390PKG_HR; 470-angled-LR;
470-angled-LR; 470-brushteeth-LR;
470-brushteeth-LR; 470-Car390flipPKG_EIR; 390PKG_HR;
LR; 470-chargingphone-LR;
470-chargingphone-LR;
LR;
470-cuttineggies-LR;470-gameboard-LR;
470-hanging-LR.; 470470-cuttingveggies-LR; 470-gameboard-LR; 470-hanging-LR.;
470-lanternkidsstairs-LR: 470-lanterntent-LR;
470-lanterntent-LR; 470-LR:
470-LR: 470hangingnotop-LR.; 470-lanternkidsstairs-LR:
off-LR; 470-ReadLR;
470-ReadLR;
off-LR;
470-Table2-LR; 470-TentLantem-LR:
470-TentLantem-LR:480_Car-LR;
480_Car-LR;480-angled-LR;
480angled-LR; 480brushteeth-LR;480-chargingphone-LR;
brushteeth-LR;480-ehargingphone-LR; 480-cuttingveggies-LR:.480480-cuttingveggies-LR:. 480gameboard-LR; 480-hanging-LR;
480-hanging-LR;
g-ameboard-LR;

480-hangingnotop-LR; 480-lanternkidsstairs-LR; 480-lanterntent-LR; 480-LR;


480-LR;
480-hangingnotop-LR;
480-off-LR; 480-Read-LR;
480-Read-LR; 480-Table-LR; 480-WTable2-LR;
480-WTable2-LR; 480-WTable-LR;
480-WTable-LR;
480-off-LR;
480-WTab
480-WTab IIeC
eClose-LR;
lose-LR;
490-LR;
490-LR; 490-off-LR;
490-off-LR; 530-litdeck-LR; 530-litdeckgirl-LR; 530-litdeckinsideLR; 542-572-childonsteps-LR;
542-572-childonsteps-LR; 542-572--litupsteps-LR;
542-572--litupsteps-LK; 720-litdeckstairs-LR;
LR;
720-litdeekstairsside-LR;860-briantoybox-L,R;
860-briantoybox-L,R; 860720-litdeckstairsfront-LR; 720-litdeekstairsside-LR;
720-litdeckstairsfront-LR;
reachingfortools-LR;
reachingfortools-LR; 860-toolsinhand-LR; 860-toybox-LR;
860-toybox-LR; indoor-480comparison-forweb;
comparison-forweb;
indoor-530-comparison-forweb;
indoor-530-comparison-forweb; indoor-720-comparison-forvveb; indoor-850indoor-850
indoor-980-comparison-forweb;indoor-4802-comparisoncomparison-for eb;
comparison-forw
eb;indoor-980-comparison-forweb;
2
Page 1 of
of2
EXHIBIT F

Case: 1:16-cv-00517 Doc #: 1-6 Filed: 03/03/16 2 of 2. PageID #: 49

forweb;
forweb;
indoor-dark-comparison-forweb; indoor-lit-comparison-forweb;
indoor-lit-comparison-forweb; Original-480Original-480indoor-dark-comparison-forweb;
outdoor-360LR; Original-480-withhandle-LR;
Original-480-withhandle-LR; Original-480withphone-LR;
Original-480withphone-LR; outdoor-360comparison-forweb;
comparison-forweb;
outdoor-380-comparison-forweb; outdoor-480-comparison-forweb;
outdoor-480-comparison-forweb; outdooroutdooroutdoor-380-comparison-forweb;
530-comparison-forweb;
530-comparison-forweb; outdoor-572-comparison-forweb;
outdoor-572-comparison-forweb; outdoor-720outdoor-720comparison-forweb;
comparison-forweb;
outdoor-980-comparison-forweb; RB-allbasement-LR;
RB-allbasement-LR; RB-basement-LR;
RB-basement-LR; RBoutdoor-980-comparison-forweb;
couch-LR; RB-remote-LR;
RB-remote-LR; RB-remoteandceiling-LR;
RB-remoteandceiling-LR; RB-remoteinhand-LR;
RB-remoteinhand-LR;
couch-LR;
RB-remoteinwall-LR;
RB-remoteinwall-LR;
RB-remoteinwallRyan-LR; RB-remotelitinwall-LR;
RB-remotelitinwall-LR; RB-RemoteWallRyan-LR;
RB-RemoteWallRyan-LR;
RB-remoteinwallRyan-LR;
Rb-stair-LR;
Rb-stair-LR; RB-staircaseremote-LR;
RB-staircaseremote-LR; RB-stairsremote-LR
RB-stairsremote-LR

Completion/Publication
Completion/Publication
2013
Year of
ofCompletion:
Completion: 2013
Year

Author
Author
Author:
Author:
Author
Author Created:
Created:
madefor
Work
Work made
for hire:
hire:
Citizen
of:
Citizen of:
Domiciled
Domiciled in:
in:

Wireless Environment,
Wireless
Environment, LLC
LLC
photograph
photograph
Yes
United
States
United States
United States
States
United

Copyright Claimant
Copyright
Claimant
LLC
Environment, LLC
Copyright Claimant:
Claimant: Wireless
Wireless Environment,
Copyright
32333 Aurora
Aurora Road,
Road, Ste
Ste 100,
100, Salon,
Salon, OH,
OH, 44139,
44139, United
United States
States
32333

0*cp
o
0

c
o
o

Permissions
Rights and Permissions
Rights
Name:
Organization
Organization Name:
Name:
Name:
Email:
Email:
Telephone:
Telephone:
Address:
Address:

Taft/
Taft/
David Bass
Leon David
lbass@taftlaw.com
lbass@taftlaw.com
(614)431-2277
(614)431-2277
State Street
Street
65 E. State
Suite
Suite 1000
1000
OH 43215
43215 United
United States
States
Columbus, OH

Certification
Certification
Name:
Name: Leon Bass
13, 2015
April 13,
2015
Date:
Date: April
GN002
WIRO5
GN002
Wilt05
Applicant's
Applicant's Tracking
Tracking Number:

Registered as
works: Registered
multiple works:
Copyright Office
registration ofofmultiple
Regardingregistration
unpublished
an unpublished
as an
notes: Regarding
Office notes:
Copyright
collection.
collection.

Page 2 of 2

Case: 1:16-cv-00517 Doc #: 1-7 Filed: 03/03/16 1 of 1. PageID #: 50

EXHIBIT G

Case: 1:16-cv-00517 Doc #: 1-8 Filed: 03/03/16 1 of 3. PageID #: 51

CIVIL COVER SHEET

JS 44 (Rev. 11/15)

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS
MIKAFENTECH,INC.
C/O Cunyu Chen, Statutory Agent
36 South 18th Avenue, Suite A
Brighton, Colorado, 80601

WIRELESS ENVIRONMENT, LLC


32333 Aurora Road, Suite 100
Solon, Ohio 44139

Cuyahoga County

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)


NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

Adams County (Colorado)

(IN U.S. PLAINTIFF CASES ONLY)


IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

Philip R. Bautista
Taft Stettinius & Hollister, LLP
200 Public Square, Suite 3500
Cleveland, OH 44114

II. BASIS OF JURISDICTION (Place an X in One Box Only)


1

U.S. Government
Plaintiff

Federal Question
(U.S. Government Not a Party)

U.S. Government
Defendant

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff


(For Diversity Cases Only)
PTF
Citizen of This State
1

DEF
1

and One Box for Defendant)


PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

Citizen of Another State

Incorporated and Principal Place


of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

IV. NATURE OF SUIT (Place an X in One Box Only)


CONTRACT

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

625 Drug Related Seizure


of Property 21 USC 881
690 Other

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS


870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

OTHER STATUTES
375 False Claims Act
376 Qui Tam (31 USC
3729(a))
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

V. ORIGIN (Place an X in One Box Only)


1 Original
Proceeding

2 Removed from
State Court

Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District
(specify)

6 Multidistrict
Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

35 U.S.C. 271; 35 U.S.C. 281; 15 U.S.C. 1117; 15 U.S.C. 1125 and 17 U.S.C. 501 et seq.

VI. CAUSE OF ACTION Brief description of cause:

Patent, trademark, copyright infringement, unfair competition, and deceptive trade practice claims.

CHECK IF THIS IS A CLASS ACTION


VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:


Yes
No
JURY DEMAND:

DEMAND $

> $ 75,000

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/s/ Philip R. Bautista

03/03/2016
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

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APPLYING IFP

Save As...

JUDGE

MAG. JUDGE

Reset

Case: 1:16-cv-00517 Doc #: 1-8 Filed: 03/03/16 2 of 3. PageID #: 52

UNITED STATES DISTRICT COURT


NORTHERN DISTRICT OF OHIO
I.

Civil Categories: (Please check one category only).

1.
2.
3.

General Civil
Administrative Review/Social Security
Habeas Corpus Death Penalty

*If under Title 28, 2255, name the SENTENCING JUDGE:


CASE NUMBER:

II.

RELATED OR REFILED CASES. See LR 3.1 which provides in pertinent part: "If an action is filed or removed to this Court
and assigned to a District Judge after which it is discontinued, dismissed or remanded to a State court, and
subsequently refiled, it shall be assigned to the same Judge who received the initial case assignment without regardfor
the place of holding court in which the case was refiled. Counsel or a party without counsel shall be responsible for
bringing such cases to the attention of the Court by responding to the questions included on the Civil Cover Sheet."
This action is

RELATED to another PENDING civil case. This action is

REFILED pursuant to LR 3.1.

If applicable, please indicate on page 1 in section VIII, the name of the Judge and case number.

III.

In accordance with Local Civil Rule 3.8, actions involving counties in the Eastern Division shall be filed at any of the
divisional offices therein. Actions involving counties in the Western Division shall be filed at the Toledo office. For the
purpose of determining the proper division, and for statistical reasons, the following information is requested.
ANSWER ONE PARAGRAPH ONLY. ANSWER PARAGRAPHS 1 THRU 3 IN ORDER. UPON FINDING WHICH
PARAGRAPH APPLIES TO YOUR CASE, ANSWER IT AND STOP.
(1)
Resident defendant. If the defendant resides in a county within this district, please set forth the name of such
county
COUNTY:
Corporation For the purpose of answering the above, a corporation is deemed to be a resident of that county in which
it has its principal place of business in that district.
Non-Resident defendant. If no defendant is a resident of a county in this district, please set forth the county
wherein the cause of action arose or the event complained of occurred.
COUNTY: Cuyahoga County
(2)

(3)

Other Cases. If no defendant is a resident of this district, or if the defendant is a corporation not having a principle
place of business within the district, and the cause of action arose or the event complained of occurred outside
this district, please set forth the county of the plaintiff's residence.
COUNTY:

IV.

The Counties in the Northern District of Ohio are divided into divisions as shown below. After the county is
determined in Section III, please check the appropriate division.
EASTERN DIVISION
AKRON
CLEVELAND
YOUNGSTOWN

(Counties: Carroll, Holmes, Portage, Stark, Summit, Tuscarawas and Wayne)


(Counties: Ashland, Ashtabula, Crawford, Cuyahoga, Geauga, Lake,
Lorain, Medina and Richland)
(Counties: Columbiana, Mahoning and Trumbull)

WESTERN DIVISION
TOLEDO

(Counties: Allen, Auglaize, Defiance, Erie, Fulton, Hancock, Hardin, Henry,


Huron, Lucas, Marion, Mercer, Ottawa, Paulding, Putnam, Sandusky, Seneca
VanWert, Williams, Wood and Wyandot)

JS 44 Reverse (Rev. 11/15)

Case: 1:16-cv-00517 Doc #: 1-8 Filed: 03/03/16 3 of 3. PageID #: 53

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44


Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)

(b)

(c)

Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II.

Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III.

Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV.

Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.

V.

Origin. Place an "X" in one of the six boxes.


Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.

VI.

Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII.

Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

Case: 1:16-cv-00517 Doc #: 1-9 Filed: 03/03/16 1 of 2. PageID #: 54


AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the

__________ District of __________


WIRELESS ENVIRONMENT, LLC
Plaintiff

v.
MIKAFENTECH, INC.
Defendant

)
)
)
)
)
)
)

Civil Action No.

SUMMONS IN A CIVIL ACTION


To: (Defendants name and address) MIKAFENTECH,INC.
c/o Cunyu Chen, Statutory Agent
36 South 18th Avenue, Suite A
Brighton, CO 80601

A lawsuit has been filed against you.


Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
Philip R. Bautista
Taft Stettinius & Hollister, LLP
200 Public Square, Suite 3500
Cleveland, OH 44114

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:

03/03/2016
Signature of Clerk or Deputy Clerk

Case: 1:16-cv-00517 Doc #: 1-9 Filed: 03/03/16 2 of 2. PageID #: 55


AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No.


PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

I personally served the summons on the individual at (place)


on (date)

; or

I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individuals last known address; or

I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)


on (date)

; or

I returned the summons unexecuted because

; or

Other (specify):
.

My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of perjury that this information is true.

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:

Print

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