Neck Hammock v. Danezen - Complaint

Case 2:20-cv-00287-DAK-DBP Document 1 Filed 04/30/20 Page 1 of 31
FILED
2020 APR 30 AM 10:48
CLERK
U.S. DISTRICT COURT
Brent P. Lorimer (#3731)

blorimer@wnlaw.com
Brian N. Platt (#17099)
bplatt@wnlaw.com
WORKMAN NYDEGGER
60 East South Temple Suite 1000
Salt Lake City, UT 84111
Telephone: (801) 533-9800
Facsimile: (801) 328-1707
Attorneys for The Neck Hammock, Inc.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
THE NECK HAMMOCK, INC., a Delaware Case No: 2:20-cv-00287-DAK

corporation,
Plaintiff, [FILED UNDER SEAL]
vs. COMPLAINT FOR COPYRIGHT

INFRINGEMENT, TRADEMARK
DANEZEN.COM, an unknown business INFRINGEMENT, UNFAIR
entity; HENSHUI ZHANG, an individual; COMPETITION, and DESIGN
OPTINALY.COM, an unknown business PATENT INFRINGEMENT
entity; JINGFEI GUO, an individual;
PRETTY DIARY.STORE, an unknown
business entity; and JOHN DOES 1-10, JURY DEMANDED
Defendants.
Plaintiff The Neck Hammock, Inc. (“Neck Hammock”) complains and alleges as follows
against Defendants Danezen.com, Henshui Zhang, Optinaly.com, Jingfei Guo, PrettyDiary.store,
and John Does 1-10 (collectively “Defendants”).
THE NATURE OF THE ACTION
1. Dr. Steve Sudell Jr., DPT, ATC (“Dr. Sudell”), is a physical therapist and the
founder and President of Neck Hammock.
2. While working as a licensed physical therapist, Dr. Sudell repeatedly treated
individuals suffering from compression-related neck pain. Based on his years of experience, Dr.
Sudell knew that cervical traction almost always provided substantial relief for those suffering
from neck pain and was routinely performing cervical traction on his patients during physical
therapy sessions. Dr. Sudell wanted his patients to be able to continue experiencing the therapeutic
benefits of cervical traction in between their physical therapy sessions and even after their routine
physical therapy sessions had ended, but after looking through the array of at-home cervical
traction devices available on the market, Dr. Sudell could not with a good conscience recommend
any at-home cervical traction device to his patients. All of the products available at that time were
either too expensive and too bulky or were cheaply made and ineffective.
3. Instead of watching his clients suffer for lack of an adequate replacement for
professionally-performed cervical traction, Dr. Sudell invested his time and energy into inventing
and developing an economical alternative that was—above all—effective to provide therapeutic
cervical traction but that was also comfortable and economically priced. Dr. Sudell coined his
inventive portable cervical traction device the “Neck Hammock®”.
4. The ingenious design of the Neck Hammock® (e.g., as shown in Figure 1 below)
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allows individuals suffering from a variety of conditions, including neck arthritis, a
herniated/bulging disc in the neck, pinched nerves, neck strains and cervical muscle spasms to
experience therapeutic relief through cervical traction that would normally be administered in the
office of a physical therapist.
Figure 1
5. As illustrated in Figure 2 below, the Neck Hammock® includes shock-absorbing
cords attached to opposite ends of a sling that cradles the user’s head. The shock-absorbing cords
are anchorable to an environmental object, such as a door or railing, and together with the force of
gravity, the tension of the cords provides gentle, therapeutic cervical traction to the user.
Figure 2
6. Used in this way, the Neck Hammock® gradually stretches muscles and ligaments
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around the vertebrae of the spine, expanding space between vertebrae. In the end, pinched nerves
are released, herniated and bulging discs relax as pressure is relieved, and blood circulation
improves to the structures of the cervical spine, which may help oxygenate muscles, nerves,
tendons and ligaments.
7. These, and other health benefits that are enabled by the use of the Neck Hammock®
result in this device being categorized as a “medical device” according to the Federal Drug
Administration (FDA). Such devices require FDA approval for unencumbered commercialization,
and Dr. Sudell abided by the applicable laws and regulations to receive FDA approval of the Neck
Hammock® as a medical device.
8. On October 24, 2017, Neck Hammock launched a campaign on kickstarter.com,
which was fully funded within three hours. By December 1, 2017, Neck Hammock successfully
raised $901,058 in its Kickstarter campaign—more than 4,500% over its original goal of $20,000.
Neck Hammock had a sister crowdfunding campaign for the Neck Hammock® that they launched
on indiegogo.com. This campaign was also extremely successful and fully funded far in advance—
for a total $1,642,934 in crowd-sourced, pre-paid orders.
9. The revolutionary Neck Hammock® was not only widely received by consumers
on crowdfunding websites but in the media as well. The Neck Hammock® was featured on the Dr.
Oz Show as one of the best health finds of 2018. The Neck Hammock® received a spotlight article
in Forbes and was widely covered by myriad other news and personal health sites.
10. However, eager consumers and media outlets were not the only parties interested
in the market success of the Neck Hammock®. Unfortunately, after the crowdfunding campaigns
launched—but before the successful campaigns had even ended—infringers began copying Neck
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Hammock’s design and selling cheaply made knock-off products. The Neck Hammock took great
care in sourcing the materials and selecting trusted manufacturers that would ensure the production
of a consistently safe and reliable product. The shameless copycats that flooded the market in an
attempt to ride the coattails of Neck Hammock’s success were not so concerned about functional
or safe products and often resulted in mechanical failures and consumer injury when the products
were used.
11. Neck Hammock was forced to expedite its intellectual property protections to
combat the widespread copying of the Neck Hammock® device, branding, and marketing
materials. Neck Hammock’s creative achievement resulted in broad intellectual property
protection for the Neck Hammock® and associated brand, including utility and design patents,
trademarks, and copyright protections. Nevertheless, Neck Hammock’s product innovations have
been the subject of widespread copying. Unscrupulous competitors have attempted to capitalize
on Neck Hammock’s success by co-opting Neck Hammock’s copyrighted works and patented
designs and by misappropriating Neck Hammock’s trademark, including its flagship “Neck
Hammock®” mark. To date, over 8,000 unauthorized product listings infringing one or more of
Neck Hammock’s intellectual property rights have been removed, but the endless whack-a-mole
continues despite Neck Hammock’s efforts to police the marketplace.
12. Defendants are some of the principal offenders selling knock-off Neck Hammock®
devices, infringing Neck Hammock’s patented designs, misappropriating its trademarks, and in
some instances, even blatantly ripping off Neck Hammock’s registered copyrights. Defendants sell
their infringing products on eCommerce platforms including www.Danezen.com,
www.Optinaly.com, and www.PrettyDiary.store.
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13. With this action, Neck Hammock seeks to put a stop to Defendants’ illegal conduct
and to obtain compensation for infringement that has occurred thus far.
THE PARTIES
14. Plaintiff The Neck Hammock, Inc. is a Delaware corporation with a principal place
of business at 830 Hill Street, Apt. E, Santa Monica, California. Neck Hammock does business,
has customers, and has suffered injury in the District of Utah.
15. Defendant Danezen.com (“Danezen”) is an unknown Chinese entity with a
principal place of business at fuchenqu, fulelu, 5hao, mianyang, Sichuan 621000, China.
Defendant Danezen sells counterfeit Neck Hammock® products online through its website at
www.Danezen.com and through Facebook at https://www.facebook.com/Danezen-
346278386046934/.
16. Defendant Henshui Zhang (“Zhang”) is an unknown Chinese person with a
business address at fuchenqu, fulelu, 5hao, Mianyang, Sichuan 621000, China. Defendant Zhang
and Danezen sell counterfeit Neck Hammock® products online through a website at
www.Danezen.com and through Facebook at https://www.facebook.com/Danezen-
346278386046934/.
17. Defendant Optinaly.com (“Optinaly”) is an unknown Chinese entity with a
principal place of business at hongshanqu, baolihuayan, 16dong, 1802, Wuhan, Hubei 430079,
China. Defendant Optinaly sells counterfeit Neck Hammock® products online through its website
at www.Optinaly.com and through Facebook at https://www.facebook.com/Optinaly-
109756540387736/.
18. Defendant Jingfei Guo (“Guo”) is an unknown Chinese person with a business
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address at hongshanqu, baolihuayan, 16dong, 1802, Wuhan, Hubei 430079, China. Defendant and
Guo and Optinaly sell counterfeit Neck Hammock® products online through a website at
www.Optinaly.com and through Facebook advertising at https://www.facebook.com/Optinaly-
109756540387736/.
19. Defendant PrettyDiary.store (“Pretty Diary”) is an unknown affiliate of Defendants
Danezen, Zhang, Optinaly, and Guo, selling counterfeit Neck Hammock® products online through
its website at www.PrettyDiary.store.
20. Defendants John Does 1-10 are individuals or entities whose true names and
addresses of residence are unknown. Working with the other Defendants, John Does 1-10 sell
infringing, knock-off Neck Hammock® products. At the time of filing, the true names and
addresses of Defendants John Does 1-10 could not be discovered with reasonable effort. When
the true names and addresses are discovered, and upon leave of this Court, they will be added into
the Complaint by amendment.
JURISDICTION
21. This Court has subject matter jurisdiction under 15 U.S.C. § 1121 (action arising
under the Lanham Act); 28 U.S.C. § 1331 (federal question); 28 U.S.C. § 1338(a) (any Act of
Congress relating to patents or trademarks); 28 U.S.C. § 1338(b) (action asserting claim of unfair
competition joined with a substantial and related claim under the trademark laws); and 28 U.S.C.
§ 1367 (supplemental jurisdiction).
22. This Court has personal jurisdiction over Defendants because Defendants have
committed and continue to commit acts of infringement in violation of 35 U.S.C. § 271 and 15
U.S.C. §§ 1114 and 1125 in this District, and because each Defendant places infringing products
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into the stream of commerce, with the knowledge or understanding that such products are sold in
the State of Utah and in this District. In addition, the acts by Defendants cause substantial injury
to Neck Hammock in this District. On information and belief, Defendants derive substantial
revenue from their sale of infringing products within this District, expect their actions to have
consequences within this District, and derive substantial revenue from interstate and international
commerce directed both to and from this District.
VENUE
23. Defendants are individuals or entities subject to personal jurisdiction in this
District. Venue is proper in this District under 28 U.S.C. § 1391(b) because a substantial part of
the events giving rise to this claim took place in this District: Defendants transact business within
this district and Neck Hammock suffered harm in this District. Venue is proper in this district
under 28 U.S.C. § 1391(b)(3) because certain Defendants are individuals whose names and
addresses of residence are unknown that are otherwise subject to personal jurisdiction in this
District. Alternatively, venue is proper in this district because Defendants are foreign persons or
corporations otherwise subject to personal jurisdiction in this District.
BACKGROUND
24. Neck Hammock is a world-leading manufacturer of innovative portable devices
designed to offer pain relief, including the cervical traction device designed to offer neck pain
relief widely known as the Neck Hammock® cervical traction device. Neck Hammock’s business
is dedicated to the development of portable pain relief devices. In its short time providing
affordable pain relief devices, Neck Hammock has filled an important niche in the physical therapy
market by offering innovative home-solutions to physical health problems.
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25. Cervical traction generally refers to methods of applying force to relieve neck pain
for individuals suffering from various ailments, including neck arthritis, herniated/bulging discs in
the neck, pinched nerves, neck strains, or cervical muscle spasms. Cervical traction entails gently
urging the head away from the neck, and gradually stretching muscles and ligaments around the
vertebrae of the spine and expanding space between vertebrae. Cervical traction may release
pinched nerves, relax herniated and bulging discs by relieving pressure, improve blood circulation
to the structures for the cervical spine, and help oxygenate muscles, nerves, tendons and ligaments
in the head and neck area.
26. Traditionally, individuals could only receive cervical traction at a medical facility
or office. Such visits were often time-consuming, inconvenient, and costly. Moreover, due to the
cost, patients could generally only afford such visits periodically.
27. Modern at-home cervical traction devices are available in the market. However,
many of these devices are complex, cumbersome, bulky, expensive and potentially unsafe. For
example, many home cervical traction devices include headgear which includes straps around the
user’s forehead, head, and chin. Such headgear is cumbersome, constricting, and inconvenient; in
addition, such products exert stress at the jaw that may lead to or exacerbate temporomandibular
disorders. Moreover, many such devices require weights and pulleys to exert tension, which are at
the very least bulky, cumbersome, and inconvenient but which are also potentially dangerous.
Other similar devices include clamps and brackets for attachment to doors and furniture, which
can mar surface finishes and interfere with use of the door or furniture.
28. While working as a physical therapist, Dr. Sudell worked with and helped patients
experiencing, inter alia, neck pain. Based on his work, Dr. Sudell recognized the need for an easy
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to use, compact, non-marring, and effective traction device that minimized discomfort and avoided
potentially injurious stresses, while remaining an economically feasible option for users.
Consequently, Dr. Sudell invented the widely recognized device known as the Neck Hammock®
cervical traction device (shown below in Figure 3) and founded the corporation known as “The
Neck Hammock.”
Figure 3
29. Neck Hammock has protected its innovative designs through a broad range of
intellectual property rights. Among those rights are the patents listed below (the “Neck Hammock
Patents”):
Patent Number Title
10,307,284 (“’284 Patent”) Portable Traction Device with Sling
D824,035 (“’D035 Patent”) Portable Traction Device
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30. Neck Hammock obtained a U.S. copyright registration (Registration Number: VA
2-090-260) (“’260 Copyright”) to protect the following pictorial and graphic works (the “Neck
Hammock Copyright”):
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12
13
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31. Neck Hammock obtained U.S. trademarks related to physical therapy and cervical
traction, including the registered trademarks listed below (the “Neck Hammock Trademarks”):
Registration Number Trademark
5,626,795 (“’795 Trademark”) Neck Hammock
5,439,768 (“’768 Trademark”) The Neck Hammock
5,557,079 (“’079 Trademark”)
5,874,909 (“’909 Trademark”)
32. Rather than innovate and develop their own technology and products, Defendants
copied Neck Hammock’s patented technology and designs, and copyrighted images, and market
those infringing designs as “Neck Hammocks” (the “Accused Products”) using the Neck
Hammock Trademarks. Defendants sell or advertise the Accused Products online at URLs
including:
https://danezen.com/products/-last-day-promotions--save-50--off-neck-relief-hammock
https://optinaly.com/products/neck-relief-hammock
https://prettydiary.store/products/-last-day-promotions--save-50--off-neck-relief-hammock
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Figure 4
Figure 5
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Figure 6
33. In addition, Defendants advertise counterfeit products on Facebook and other
websites using Neck Hammock’s trademarks and promotional materials, as shown below.
17
Figure 7
FIRST CAUSE OF ACTION

Trademark Infringement
15 U.S.C. § 1114
34. Neck Hammock incorporates and realleges each and every allegation in the
preceding paragraphs, as if fully set forth herein.
35. Neck Hammock owns the Neck Hammock Trademarks.
36. Neck Hammock registered the Neck Hammock Trademarks with the United States
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Patent and Trademark Office. A true and correct copy of the ’795 Trademark is attached as Exhibit
A. A true and correct copy of the ’768 Trademark is attached as Exhibit B. A true and correct copy
of the ’079 Trademark is attached as Exhibit C.
37. The Neck Hammock Trademarks are valid and subsisting trademarks in full force
and effect.
38. Defendants infringe the Neck Hammock Trademarks by advertising products using
the Neck Hammock Trademarks in commerce for products offered for sale at
as shown in Figures 4, 5, 6, and 7.
39. Defendants’ unauthorized use of the Neck Hammock Trademarks is likely to cause
confusion, to cause mistake, or to deceive the consumer as to the affiliation, connection, or
association of Defendants’ counterfeit products with Neck Hammock, or as to the origin, or
approval by Neck Hammock of Defendants’ goods, services, or commercial activities, in violation
of 15 U.S.C. § 1114(a).
40. Defendants’ unauthorized use of the Neck Hammock Trademarks enables
Defendants to benefit unfairly from Neck Hammock’s reputation and success, thereby giving
Defendants infringing product sales and commercial value they would not have otherwise
received.
41. Defendants’ unauthorized use of the Neck Hammock Trademarks has been and
continues to be intentional, willful, and without regard to Neck Hammock’s rights.
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42. Defendants have gained profits by virtue of their infringement of the Neck
Hammock Trademarks.
43. Neck Hammock is suffering irreparable harm from Defendants’ infringement of the
Neck Hammock Trademarks insofar as Neck Hammock’s good will is being eroded by
Defendants’ continued infringement. Neck Hammock has no adequate remedy at law to
compensate it for the loss of business reputation, customers, market position, confusion of
potential customers, and goodwill flowing from Defendants’ infringing activities. Pursuant to 15
U.S.C. § 1116, Neck Hammock is entitled to an injunction against Defendants’ continuing
infringement of the Neck Hammock Trademarks.
44. Because Defendants’ actions have been committed with intent to damage Neck
Hammock and to confuse and deceive the public, Neck Hammock is entitled to treble its actual
damages or Defendants’ profits, whichever is greater, and to an award of costs and, this being an
exceptional case, reasonable attorneys’ fees pursuant to 15 U.S.C. § 1117(a) and 1117(b).
SECOND CAUSE OF ACTION

Unfair Competition
15 U.S.C. § 1125(a)
46. Neck Hammock owns the Neck Hammock Trademarks.
47. Neck Hammock registered the Neck Hammock Trademarks with the United States
Patent and Trademark Office.
48. The Neck Hammock Trademarks are valid and subsisting trademarks in full force
and effect.
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49. Defendants infringe the Neck Hammock Trademarks by advertising products using
the Neck Hammock Trademarks in commerce for products for sale at Defendants’ various web
listings and advertisement, as shown in Figures 4, 5, 6, and 7.
50. Defendants’ unauthorized use of the Neck Hammock Trademarks is likely to cause
confusion, to cause mistake, or to deceive the consumer as to the affiliation, connection, or
association of Defendant’s knock-off products with Neck Hammock, or as to the origin, or
approval by Neck Hammock of Defendants’ goods, services, or commercial activities, in violation
of 15 U.S.C. § 1125(a).
51. Defendants’ unauthorized use of the Neck Hammock Trademarks enables
Defendants to benefit unfairly from Neck Hammock’s reputation and success, thereby giving
Defendants infringing product sales and commercial value they would not have otherwise
received, in violation of 15 U.S.C. § 1125(a).
52. Defendants’ unauthorized use of the Neck Hammock Trademarks as described
herein has been and continues to be intentional, willful, and without regard to Neck Hammock’s
rights.
53. Neck Hammock is suffering irreparable harm from Defendants’ infringement of the
Neck Hammock Trademarks insofar as Neck Hammock’s good will is being eroded by
Defendants’ continued infringement. Neck Hammock has no adequate remedy at law to
compensate it for the loss of business reputation, customers, market position, confusion of
potential customers, and goodwill flowing from Defendants’ infringing activities. Pursuant to 15
U.S.C. § 1116, Neck Hammock is entitled to an injunction against Defendants’ continuing
infringement of the Neck Hammock Trademarks.
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54. Because Defendants’ actions have been committed with intent to damage Neck
Hammock and to confuse and deceive the public, Neck Hammock is entitled to treble its actual
damages or Defendants’ profits, whichever is greater, and to an award of costs and, this being an
exceptional case, reasonable attorneys’ fees pursuant to 15 U.S.C. § 1117(a) and 1117(b).
THIRD CLAIM FOR RELIEF

Infringement of the ’260 Copyright
17 U.S.C. § 106 et seq
55. Neck Hammock incorporates and realleges paragraphs 1 through 54 of the
Complaint, as if fully set forth herein.
56. On January 7, 2018, United States Copyright Registration No. VA 2-090-260 was
duly and legally issued by the United States Copyright Office. A true and correct copy of the ’260
Copyright is attached as Exhibit D.
57. Neck Hammock is the owner of the ’260 Copyright.
58. Defendants have made and used unauthorized reproductions of Neck Hammock’s
original works, which are the subject of the ’260 Copyright, as outlined in the chart below:
U.S. Copyright No. VA 2-090-260 Defendants’ Websites
Note: Defendants have “flipped” the image about its

horizontal axis, cropped the image, removed the Neck
Hammock logo, and added additional text
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59. Defendants have produced, reproduced, and/or prepared reproductions of Neck
Hammock’s protected works without Neck Hammock’s consent. Defendants’ acts violate Neck
Hammock’s exclusive rights under the Copyright Act, 17 U.S.C. §§ 106 and 501, including its
exclusive rights to produce, reproduce, and distribute copies of its work, to create derivative works,
and to publicly display its work.
60. Defendants’ infringement has been undertaken willfully with the intent to
financially gain from Neck Hammock’s copyrighted work. Accordingly, Defendants have
infringed Neck Hammock’s copyrighted work.
61. Because of Defendants’ infringing acts, Neck Hammock is entitled to its actual
and/or statutory damages, and Defendants’ profits attributable to the infringement in an amount to
be proved at trial, together with all other relief allowed under the Copyright Act.
62. Because of Defendants’ willful infringement, Neck Hammock is entitled to
increased damages pursuant to 17 U.S.C. § 504(c)(2).
63. Defendants’ infringement has caused and continues to cause irreparable harm to
Neck Hammock, for which it has no adequate remedy at law. Unless this Court restrains
Defendants from infringing Neck Hammock’s protected work, the harm will continue to occur in
the future. Accordingly, Neck Hammock is entitled to a preliminary and permanent injunction.
FOURTH CAUSE OF ACTION

Infringement of the ’D035 Patent
35 U.S.C. § 271
65. On July 24, 2018, United States Design Patent No. D824,035 was duly and legally
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issued by the United States Patent and Trademark Office. A true and correct copy of the ’D035
Patent is attached as Exhibit E.
66. Neck Hammock is the owner of the ’D035 Patent.
67. Defendants have infringed and continue to infringe the ’D035 Patent by using,
selling and/or offering to sell in the United States, and/or importing into the United States one or
more of the Accused Products identified in this Complaint, such that an ordinary observer, familiar
with the prior art, would be deceived into thinking that the accused design was the same as the
patented design, as detailed below.
U.S. Patent No. D842,035 Accused Product
68. Defendants have willfully infringed the ’D035 Patent with knowledge of the ’D035
Patent or were willfully blind to the patent and the risk of infringement.
69. Defendants’ infringement of the ’D035 Patent has caused and continues to cause
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damages to Neck Hammock.
70. As a result of the Defendants’ infringement, Neck Hammock has been damaged
and is entitled to damages, costs, and attorneys’ fees, in an amount to be proven at trial.
irreparable harm to Neck Hammock.
72. As a result of the Defendants’ past and ongoing infringement, Neck Hammock is
entitled to injunctive relief.
FIFTH CAUSE OF ACTION

35 U.S.C. § 271
74. On April 9, 2019, United States Design Patent No. D824,492 was duly and legally
Patent is attached as Exhibit F.
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26
SIXTH CAUSE OF ACTION

35 U.S.C. § 271
83. On April 9, 2019, United States Design Patent No. D824,494 was duly and legally
Patent is attached as Exhibit G.
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PRAYER FOR RELIEF
Wherefore, Neck Hammock respectfully prays that the Court enter judgment in its favor
and award the following relief against Defendants:
A. A judgment in favor of Neck Hammock that Defendants infringed the registered
Neck Hammock Trademarks;
B. A judgment in favor of Neck Hammock that Defendants willfully infringed the
Neck Hammock Trademarks;
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C. A judgment in favor of Neck Hammock that Defendants engaged in unfair
competition and unfair trade practices in violation of 15 U.S.C. § 1125.
D. An order and judgment preliminarily and permanently enjoining Defendants and
its officers, directors, employees, agents, licensees, representatives, affiliates, related companies,
servants, successors and assigns, and any and all persons acting in privity or in concert with any
of them, from infringing the registered Neck Hammock Trademarks; from passing off Defendants’
products as associated with or sponsored or affiliated with Neck Hammock; for the destruction of
any infringing articles; and for reasonable funds for corrective advertising to correct Defendants’
misleading association with Neck Hammock;
E. A judgment awarding Neck Hammock damages in an amount to be determined at
trial, an accounting of Defendants’ profits, and costs of the action pursuant to 15 U.S.C. § 1117.
F. Any other remedy to which Neck Hammock may be entitled, including all remedies
provided for in 15 U.S.C. § 1117 et seq.
G. A judgment in favor of Neck Hammock that Defendants infringed one or more
claims of each of the Neck Hammock Patents;
H. A judgment in favor of Neck Hammock that Defendants willfully infringed each of
the Neck Hammock Patents;
I. An order and judgment preliminarily and permanently enjoining Defendants and
its officers, directors, employees, agents, licensees, representatives, affiliates, related companies,
servants, successors and assigns, and any and all persons acting in privity or in concert with any
of them, from further acts of infringement of the Neck Hammock Patents;
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J. A judgment awarding Neck Hammock damages for infringement of the Neck
Hammock Patents pursuant to 35 U.S.C. § 284, together with prejudgment interest;
K. A judgment trebling damages pursuant to 15 U.S.C. § 1117 and 35 U.S.C. § 284;
L. A judgment that this is an exceptional case, pursuant to 15 U.S.C. § 1117 and 35
U.S.C. § 285, together with an award of Plaintiff’s reasonable attorneys’ fees.
M. A judgment in favor of Neck Hammock that Defendants have infringed the
registered Neck Hammock Copyright;
N. A judgment in favor of Neck Hammock that Defendants infringement of the
registered Neck Hammock Copyright has been willful;
O. A judgment in favor of Neck Hammock that Neck Hammock is entitled to its actual
and/or statutory damages, and Defendants profits attributable to the infringement of the Neck
Hammock Copyright, in an amount to be proved at trial;
P. A judgment in favor of Neck Hammock that Neck Hammock is entitled to increased
damages pursuant to 17 U.S.C. § 504(c)(2) due to Defendants willful infringement;
Q. An order and judgment enjoining Defendants and their officers, directors,
employees, agents, licensees, representatives, affiliates, related companies, servants, successors
and assigns, and any and all persons acting in privity or in concert with any of them, from
infringing the registered Neck Hammock Copyright;
R. Any other relief the Court deems just and proper under all the circumstances.
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Demand for Trial by Jury
Neck Hammock demands a jury trial on all matters triable to a jury.
DATED this 30th day of April 2020.
Respectfully submitted,
By: /s/ Brian N. Platt
BRENT P. LORIMER (#3731)

blorimer@wnlaw.com
BRIAN N. PLATT (#17099)
bplatt@wnlaw.com
WORKMAN | NYDEGGER
60 East South Temple, Suite 1000
Salt Lake City, Utah 84111
Telephone: (801) 533-9800
Counsel for Plaintiff The Neck Hammock, Inc.
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Case 2:20-cv-00287-DAK-DBP Document 1-1 Filed 04/30/20 Page 1 of 3
EXHIBIT A
Reg. No. 5,626,795 The Neck Hammock, Inc. (DELAWARE CORPORATION)

830 Hill Street, Unit E
Registered Dec. 11, 2018 Santa Monica, CALIFORNIA 90405
CLASS 10: Traction apparatus for medical purposes, namely, a cervical traction apparatus
Int. Cl.: 10 that provides traction to the muscles of the neck, decreases compressive forces in the neck,
and relieves pressure off the discs residing between the vertebrae in the neck; Physical
Trademark therapy and cervical traction apparatus for reducing neck pain and headaches; Physical
therapy and cervical traction apparatus for improving posture
Principal Register
FIRST USE 8-15-2016; IN COMMERCE 8-1-2017
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY

PARTICULAR FONT STYLE, SIZE OR COLOR
No claim is made to the exclusive right to use the following apart from the mark as shown:
"NECK"
SER. NO. 87-883,842, FILED 04-19-2018

REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requirements in the First Ten Years*

What and When to File:
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.
Requirements in Successive Ten-Year Periods*

You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*
Grace Period Filings*
The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.
*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an

extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).
The time periods for filing are based on the U.S. registration date (not the international registration date). The
deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for
nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations
do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying
international registration at the International Bureau of the World Intellectual Property Organization, under
Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the
date of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the
international registration, see http://www.wipo.int/madrid/en/.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.
NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.
Page: 2 of 2 / RN # 5626795
EXHIBIT B

Registered Apr. 03, 2018 Santa Monica, CALIFORNIA 90405
CLASS 10: physical therapy and cervical traction device for reducing neck pain, headaches,
Int. Cl.: 10 posture improvement
Trademark FIRST USE 8-12-2017; IN COMMERCE 8-12-2017
Principal Register THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
PARTICULAR FONT STYLE, SIZE OR COLOR
"NECK"
SER. NO. 87-500,910, FILED 06-22-2017

REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION
WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requirements in the First Ten Years*

First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.
Requirements in Successive Ten-Year Periods*

You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*
Grace Period Filings*
The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.
*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an

extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).
The time periods for filing are based on the U.S. registration date (not the international registration date). The
deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for
nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations
do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying
international registration at the International Bureau of the World Intellectual Property Organization, under
Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the
date of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the
international registration, see http://www.wipo.int/madrid/en/.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.
NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.
Page: 2 of 2 / RN # 5439768
EXHIBIT C
Neck Hammock

Registered Sep. 04,2018 Santa Monica, CALIFORNIA 90405
CLASS 10: Physical therapy and cervical traction device for reducing neck pain, headaches,
Int. CI.: 10 posture improvement
Trademark FIRST USE 8-12-2017; IN COMMERCE 8-12-2017
Principal Register The mark consists of the phrase "Neck Hammock" above a horizontal crescent.
"NECK"
SER. NO. 87-693,381, FILED 11-21-2017
DOCKETED
JPN File#________________________
Atty______ 21496.13
kplatt
By__________________ 11 Sep 2018
On_______________
8&15 - 8&9
Action_________________________________
9/4/2024 - 9/4/2028
Response Due__________________________
______________________________________
Verified
DPeterson
By:_______________ 11 Sep 2018
On:_____________
Director of the United States

Patent and Trademark Office
EXHIBIT D
Certificate of Registration
y.STAT^ This Certificate issued under the seal of the Copyright
Office in accordance with title 17, United States Code,
attests that registration has been made for the work
=
bj
% v—
identified below. The information on this certificate has
x Registration Number
been made a part of the Copyright Office records.
vt
VA 2-090-260
'^s '870 Effective Date of Registration:
January 07, 2018
Acting United States Register of Copyrights and Director
Title
Title of Work: Group Registration of Published Photographs; Neck Hammock Photographs

Vol. 1; 10/24/2017; approx 13 photos'
Volume; 1
Completion/Publicati on
Year of Completion: 2017

Date of 1st Publication: October 24, 2017
Nation of lsl Publication: United States
Author
• Author: The Neck Hammock Inc.

Author Created: photograph
Work made for hire: Yes
Citizen of: United States
Domiciled in: United States
Copyright Claimant
Copyright Claimant: The Neck Hammock Inc.

830 Hill Street, Unit E, Santa Monica, CA, 90405
Rights a n d P e r m i s s i o n s
Organization Name: Bend Law Group, PC

Name: Vivek Vaidya
Email: vivek@blgtrademarks.com
Telephone: (415)439-0153
Address: 555 California Street #4925
San Francisco, CA 94104
Certification
Page 1 of 2
EXHIBIT E
MINULLA UTTILATA RADITIONATA
USOOD8240355
(12 ) Sudell
United States Design Patent ( 10) Patent No.: US D824 ,035 S
(45) Date of Patent: * * Jul. 24 , 2018
(54) PORTABLE TRACTION DEVICE (74 ) Attorney, Agent, or Firm — Workman Nydegger
(71 ) Applicant: The Neck Hammock , Inc .,
Wilmington, DE (US ) (57) CLAIM
(72 ) Inventor : Steven Sudell , Santa Monica , CA (US) The ornamental design for a portable traction device, as
shown and described .
(73 ) Assignee : THE NECK HAMMOCK , INC .,
Wilmington , DE (US)
DESCRIPTION
(** ) Term : 15 Years FIG . 1 illustrates a top , right perspective view of an exem
(21) Appl. No.: 29 /640, 156 plary use of a portable traction device incorporating a first
embodiment of the new design ;
(22 ) Filed : Mar. 12, 2018 FIG . 2 illustrates a top , right perspective view of the portable
traction device of FIG . 1 incorporating a first embodiment of
Related U .S . Application Data the new design , shown configured for use without a user
(63) Continuation of application No. 29/628 , 190 , filed on associated therewith ;
Dec. 1 , 2017 , which is a continuation -in - part of FIG . 3 illustrates a top , right perspective view of the portable
application No. 15 /600 , 901 , filed on May 22 , 2017 . traction device incorporating the first embodiment of the
new design , the portable traction device illustrated in a flat,
(51) LOC ( 11) CI. .... ...... 24 -01 supine configuration ;
(52) U . S . CI. FIG . 4 illustrates a front elevation view thereof;
USPC . . . . . . . . . . . . . .... D24 /191 FIG . 5 illustrates a rear elevation view thereof;
(58 ) Field of Classification Search FIG . 6 illustrates a top plan view thereof;
USPC ... ........... D24 / 189 – 192 FIG . 7 illustrates a bottom plan view thereof;
CPC ....... A61F 5 /028 ; A61F 5/055 ; A61F 5 /3738; FIG . 8 illustrates a left side elevation view thereof;
A61F 13/ 108 ; A61F 13/062 FIG . 9 illustrates a right side elevation view thereof;
See application file for complete search history. FIG . 10 illustrates a top , right perspective view of a portable
traction device incorporating a second embodiment of the
(56) References Cited new design , the portable traction device illustrated in a flat,
U .S . PATENT DOCUMENTS supine configuration ;
FIG . 11 illustrates a front elevation view thereof;
2 ,674 ,996 A 4 / 1954 Stowell et al . FIG . 12 illustrates a rear elevation view thereof;
3 ,033 , 198 A 5 / 1962 Jensen FIG . 13 illustrates a top plan view thereof;
3 ,118 ,443 A 1/ 1964 Dykinga FIG . 14 illustrates a bottom plan view thereof;
(Continued ) FIG . 15 illustrates a left side elevation view thereof; and,
FIG . 16 illustrates a right side elevation view thereof.
OTHER PUBLICATIONS In the drawings, the broken lines depict portions of the
portable traction device that form no part of the claimed
International Search Report and Written Opinion issued in PCT/ design . The broken line showing of a human figure in FIG .
US2018/015415 dated Mar. 22 , 2018 . 1 is for the purpose of illustrating environment and forms no
part of the claim .
Primary Examiner — George D . Kirschbaum
Assistant Examiner — Jennifer L Watkins 1 Claim , 5 Drawing Sheets
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Page 2
(56 ) References Cited

U . S . PATENT DOCUMENTS
D213 ,478 S 3/ 1969 Nightingale
4 ,220 , 147 A 9 / 1980 Allen
D332 ,495 S 1/ 1993 Lake
5 ,479,667 A 1/ 1996 Nelson et al.
D422,710 S * 4 /2000 Maynard ** * ** * ** * ** D24 / 190
6 , 183 ,501 B1 2 / 2001 Latham
6 ,939 ,269 B2 * 9 /2005 Makofsky ........... A63B 21/ 154
482/ 10
D550 .847 S 9 /2007 Kixmiller
D626 ,244 S * 10 /2010 Sagnip D24 / 190
8 ,782,831 B2 * 7 /2014 Houston A41B 13/ 06
5 /482
D713 , 049 S * 9 / 2014 Shah ...... D24 /200
D713 ,535 S 9 /2014 Chiang et al.
D749,230 S * 2 /2016 Safko . . .. . . . .. . D24 / 190
D784,546 S * 4 /2017 Gordon D24 / 190
D789 ,546 S * 6 / 2017 Matfus .... ... . ........ ... .. ... D24 / 190
D790 ,072 S 6 /2017 Hiebert
9 , 668,906 B2 * 6 / 2017 Thorgilsdottir ......... A61F 5 / 055
9 ,713 ,546 B2 * 7/ 2017 Thorsteinsdottir ..... A61F 5 /055
D794 ,809 S * 8 /2017 Gramza ....................... D24 / 190
D812 ,236 S * 3 / 2018 Burke D24 / 190
2006 /0288490 Al 12 / 2006 Mikkelsen et al.
2010 / 0222729 AL 9 / 2010 Chin et al.
2018/ 0042757 AL 2/ 2018 Sudell
* cited by examiner
U . S . Patent Jul. 24, 2018 Sheet 1 of 5 US D824 ,035 S
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EXHIBIT F
USOOD845492S
(12 ) Sudell
(45) Date of Patent: * * Apr . 9, 2019
(54 ) PORTABLE TRACTION DEVICE International Search Report and Written Opinion issued in PCT/
US2018 /015415 dated Mar. 22 , 2018 .
(71) Applicant: THE NECK HAMMOCK , INC ., (Continued )
Wilmington, DE (US)
Primary Examiner — Jennifer L Watkins
(72 ) Inventor : Steven Sudell , Santa Monica , CA (US) (74 ) Attorney, Agent, or Firm — Workman Nydegger
(73 ) Assignee : THE NECK HAMMOCK , INC .,
Wilmington , DE (US ) (57) CLAIM
(** ) Term : 15 Years The ornamental design for a portable traction device , as
shown and described .
(21 ) Appl . No.: 29/628, 190
DESCRIPTION
(22 ) Filed : Dec. 1, 2017
Related U .S . Application Data FIG . 1 illustrates a top , right perspective view of an exem
plary use of a portable traction device incorporating a first
(63) Continuation - in -part of application No. 15 /600 , 901, embodiment of the new design ;
filed on May 22 , 2017 . FIG . 2 illustrates a top , right perspective view of the portable
(51) LOC (11) Cl. .... ........... 24 -01 traction device incorporating the first embodiment of the
(52) U . S . CI. new design , the portable traction device illustrated in a flat,
USPC D24 / 190 supine configuration ;
(58 ) Field of Classification Search FIG . 3 illustrates a front plan view thereof;
USPC ... D24 /189 – 192 FIG . 4 illustrates a rear plan view thereof ;
CPC ........ A61F 5/028 ; A61F 5 /055; A61F 5 /3738 ; FIG . 5 illustrates a top elevation view thereof;
A61F 13 / 108 ; A61F 13 /062 FIG . 6 illustrates a bottom elevation view thereof;
See application file for complete search history . FIG . 7 illustrates a left side elevation view thereof;
FIG . 8 illustrates a right side elevation view thereof;
(56 ) References Cited FIG . 9 illustrates a top , right perspective view of a portable
traction device incorporating an alternative embodiment of
U . S . PATENT DOCUMENTS the new design , the portable traction device illustrated in a
flat, supine configuration ;
2 ,674, 996 A 4 / 1954 Stowell et al. FIG . 10 illustrates a front plan view thereof;
3 ,033, 198 A 5 / 1962 Jensen FIG . 11 illustrates a rear plan view thereof;
3 , 118 , 443 A 1 / 1964 Dykinga
D213 ,478 S 3 / 1969 Nightingale
4 .220 ,147 A 9 / 1980 Allen FIG . 13 illustrates a bottom elevation view thereof;
D332,495 S 1/ 1993 Lake FIG . 14 illustrates a left side elevation view thereof; and ,
(Continued ) FIG . 15 illustrates a right side elevation view thereof .
The broken lines in FIG . 1 depicting a user are for the
OTHER PUBLICATIONS purpose of illustrating environment and form no part of the
claim . All other broken lines depict stitching and portions of
YouTube The Neck Hammock , announced Nov . 28 , 2017 , [online ], the portable traction device and form no part of the claim .
[site visited Oct. 4 , 2018 ]. Available from Internet, < URL : https://
www . youtube. com /watch ?v = CdpecklmCCw > * 1 Claim , 5 Drawing Sheets
-
-
US D845 ,492 S
Page 2
References Cited 9 ,668,906 B2

9 ,713 ,546 B2
6 /2017 Thorsteindottir
7 /2017 Thorsteindottir
U . S . PATENT DOCUMENTS D794 ,809 S 8 / 2017 Gramza
D812 , 236 S 3 / 2018 Burke
5 ,421, 809 A * 6 / 1995 Rise ........................ A61F 5 /028 9 ,930 ,882 B2 4 /2018 Owen
128 /876 D817 ,664 S * 5 /2018 Kim D6 /601
5 ,479 ,667 A 1/ 1996 Nelson et al. D824 ,035 S * 7/2018 Sudell ...... .. D24 / 191
D373 , 803 S 9 / 1996 Winans 2006 / 0264302 A1 11/ 2006 Sjodin
5 ,908 ,206 A 6 / 1999 LoPresti 2006 / 0288490 A112 / 2006 Mikkelsen et al.
D422 ,710 S 4 / 2000 Maynard 2010 / 0222729 A1 9 / 2010 Chin et al.
6 , 183, 501 B1 2 / 2001 Latham 2012 /0329620 Al 12 /2012 White et al.
6 ,939, 269 B2 9 / 2005 Makofsky 2013 / 0005544 AL 1/ 2013 Butler et al.
D550 ,847 S 9 / 2007 Kixmiller 2018/0042757 A1 2 /2018 Sudell
D626 , 244 S 10 / 2010 Sagnip
D631,924 S 2 / 2011 Baldwin OTHER PUBLICATIONS
D636 ,036 S 4 /2011 Rios
D654 , 124 S 2 / 2012 Davis Selenechen Hammock for Neck , Neck Massager for Men Women ,
D660 ,439 S * 5 /2012 Chen .... D24 / 190 Relaxation Massager Great for Neck Pain Relief Amazon .
8 , 782 , 831 B2 7 /2014 Houston
D713,049 S 9 / 2014 Shah U . S . Appl. No. 29/640 , 156 , Apr. 12 , 2018 , Office Action .
D713 ,535 S 9 / 2014 Chiang et al. Amazon , The Neck Hammock 2 . 0 , reviewed Apr. 2018 [ online ] [ site
D726 , 262 S 4 / 2015 Linkjendal visited Oct. 4 , 2018 ] URL : https://www .amazon. com /Neck -Hammock
D742 ,461 S 11/ 2015 Baldwin 2 -0 -Original-Relaxation /dpB07FX5CXKC /ref = cm _ cr _ arp _ d _ product_
S 2 /2016 Safko top ? ie = UTF8.
9 ,386 ,943 B2 7 / 2016 Strickland Office Action issued in U . S . Appl. No. 29 /643 ,079 dated Jul. 26 ,
9 ,420 ,905 B2 * 8 / 2016 Willingham ............. A476 9 / 10 2018 .
9 ,498 ,675 B2 * 11/2016 Walworth ............ A63B 23/025 Office Action issued in U .S . Appl. No. 29/653, 232 dated Oct. 11,
9 , 526 , 965 B2 * 12 / 2016 Gatherer ............ A63B 71/ 0054 2018 .
9 ,586 ,074 B2 3 / 2017 Autogue
9 ,597 ,541 B2 3 / 2017 Hinds Office Action issued in U .S . Appl. No. 29 /643 ,079 dated Oct. 11 ,
D784, 546 S 4 / 2017 Gordon 2018 .
D789,546 S 6 / 2017 Matfus
D790 ,072 S 6 / 2017 Hiebert * cited by examiner
U . S . Patent Apr. 9 , 2019 Sheet 1 of 5 US D845 ,492 S
www .
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USOOD8454945
(12 ) Sudell
US Dept ,2015
(45) Date of Patent : * * Apr. 9 , 2019
(54) PORTABLE TRACTION DEVICE 5 ,479 ,667 A
D373 ,803 S
1/ 1996 Nelson et al.
9 / 1996 Winans
(71 ) Applicant: The Neck Hammock , Inc ., 5 ,908 ,206 A 6 /1999 LoPresti
Wilmington, DE (US ) D422 ,710 S 4 /2000 Maynard
6 , 183 ,501 B1 2 /2001 Latham
(72 ) Inventor: Steven Sudell , Santa Monica, CA (US)
(73 ) Assignee : THE NECK HAMMOCK , INC ., OTHER PUBLICATIONS
Wilmington , DE (US) YouTube The Neck Hammock , announced Nov . 28 , 2017 , [ online ],
(** ) Term : 15 Years [site visited Oct. 4 , 2018 ]. Available from Internet, < URL : https://
www .youtube.com /watch ?v = CdpecklmCCw > *
(21 ) Appl . No.: 29/653,232 (Continued )
( 22 ) Filed : Jun . 13, 2018 Primary Examiner - Jennifer L Watkins
(74 ) Attorney, Agent, or Firm — Workman Nydegger
Related U . S. Application Data
(60 ) Division of application No. 29/640 , 156 , filed on Mar. (57 ) CLAIM
12 , 2018 , now Pat. No . Des . 824 ,035 , which is a The ornamental design for a portable traction device , as
continuation of application No. 29 /628 , 190 , filed on shown and described .
Dec . 1 , 2017 , which is a continuation - in -part of
application No. 15 /600 , 901 , filed on May 22 , 2017 .
DESCRIPTION
(51 ) LOC (11) Ci. ... 24 -01
( 52 ) U .S . CI. FIG . 1 illustrates a top , right perspective view of an exem
USPC ........... D24 / 190 plary use of a portable traction device showing the new
(58 ) Field of Classification Search design ;
USPC ..... D24 /189– 192 FIG . 2 illustrates a top, right perspective view of the portable
CPC ........ A61F 5 /028 ; A61F 5 /055; A61F 5 /3738 ; traction device showing the new design , the portable traction
A61F 13 / 108 ; A61F 13 /062 device illustrated in a flat , supine configuration ;
See application file for complete search history. FIG . 3 illustrates a front plan view thereof;
FIG . 4 illustrates a rear plan view thereof;
(56 ) References Cited FIG . 5 illustrates a top elevation view thereof;
U . S . PATENT DOCUMENTS FIG . 6 illustrates a bottom elevation view thereof;
FIG . 7 illustrates a left side elevation view thereof; and ,
2 ,674, 996 A 4 / 1954 Stowell et al. FIG . 8 illustrates a right side elevation view thereof.
3 ,033, 198 A 5 / 1962 Jensen The broken lines in FIG . 1 depicting a user are for the
3 , 118 ,443 A 1 / 1964 Dykinga purpose of illustrating environment and form no part of the
D213 ,478 S 3 / 1969 Nightingale claim . All other broken lines depict stitching and portions of
4 ,220 , 147 A 9 / 1980 Allen
D332, 495 S 1 / 1993 Lake the portable traction device and form no part of the claim .
5 ,421, 809 A * 6 / 1995 Rise A61F 5 /028
128 /876 1 Claim , 3 Drawing Sheets
-
US D845 ,494 S
Page 2
(56 ) References Cited D817 ,664 S *

D824 ,035 S *
5 / 2018
7 / 2018
Kim ...**.*.*.*.................... ......... D6 /601
Sudell ... ... .......... D24 / 191
U . S . PATENT DOCUMENTS 2006 /0264302 AL 11/2006 Sjodin
2006 /0288490 A1 12/2006 Mikkelsen et al.
6 ,939 ,269 B2 9 / 2005 Makofsky 2010 /0222729 AL 9 /2010 Chin et al.
D550 , 847 S 9 / 2007 Kixmiller 2012 /0329620 A112/2012 White et al.
D626 , 244 S 10 / 2010 Sagnip 2013 /0005544 AL 1/ 2013 Butler et al.
D631 ,924 S 2 / 2011 Baldwin 2018 /0042757 AL 2 /2018 Sudell
D636 , 036 S 4 / 2011 Rios
D654 , 124 S 2/ 2012 Davis OTHER PUBLICATIONS
D660 ,439 S * 5 /2012 Chen D24 / 190
8 ,782, 831 B2 7 / 2014 Houston International Search Report and Written Opinion issued in PCT/
D713 ,049 S 9 / 2014 Shah
D713 ,535 S 9 / 2014 Chiang et al. US2018 /015415 dated Mar. 22 , 2018 .
D726 ,262 S 4 / 2015 Linkjendal Selenechen Hammock for Neck , Neck Massager for Men Women ,
D742 ,461 S 11/ 2015 Baldwin Relaxation Massager Great for Neck Pain Relief Amazon.
D749,230 S 2 /2016 Safko U . S . Appl. No. 29 /640,156 , dated Apr. 12, 2018 , Office Action .
9 ,386 ,943 B2 7 / 2016 Strickland Amazon , The Neck Hammock 2 .0 , reviewed Apr. 2018 [online ] [site
9 , 420 ,905 B2 * 8 / 2016 Willingham ............. A47G 9 / 10
9 ,498,675 B2 * 11/ 2016 Walworth ............ A63B 23/ 025 visited Oct. 4, 2018 ] URL: https://www .amazon .com Neck -Hammock
9 ,526 , 965 B2 * 12 / 2016 Gatherer ............ A63B 71/0054 2 -0 -Original-Relaxation /dpB07FX5CXKC/ref= cm _ cr_ arp _ d _ product_
9 ,586 ,074 B2 3 / 2017 Autogue top ? ie = UTF8.
9 ,597 ,541 B2 3 /2017 Hinds Office Action issued in U .S . Appl. No. 29 /643,079 dated Jul. 26 ,
D784 ,546 S 4 / 2017 Gordon 2018 .
D789 ,546 S 6 / 2017 Matfus Office Action issued in U .S . Appl. No. 29/628 , 190 dated Oct. 11 ,
D790 ,072 S 6 / 2017 Hiebert 2018 .
9 ,668, 906 B2 6 / 2017 Thorsteindottir
9 ,713 ,546 B2 7 /2017 Thorsteindottir Office Action issued in U .S . Appl. No. 29 /643 ,079 dated Oct. 11,
D794 , 809 S 8 /2017 Gramza 2018.
D812 , 236 S 3 / 2018 Burke
9 , 930 ,882 B2 4 / 2018 Owen * cited by examiner
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JS 44 (Rev. 06/17) CIVIL COVER SHEET
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

Danezen.com, Henshui Zhang, Optinaly.com, Jingfei Guo,
THE NECK HAMMOCK, INC. Prettydiary.store, and John Does 1-10
(b) County of Residence of First Listed Plaintiff SALT LAKE County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Workman Nydegger
60 E. South Temple St., Ste 1000
Salt Lake City, UT 84111 (801) 533-9800
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State
u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers’ Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 835 Patent - Abbreviated u 460 Deportation
Student Loans u 340 Marine Injury Product New Drug Application u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability u 840 Trademark Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY u 480 Consumer Credit
of Veteran’s Benefits u 350 Motor Vehicle u 370 Other Fraud u 710 Fair Labor Standards u 861 HIA (1395ff) u 490 Cable/Sat TV
u 160 Stockholders’ Suits u 355 Motor Vehicle u 371 Truth in Lending Act u 862 Black Lung (923) u 850 Securities/Commodities/
u 190 Other Contract Product Liability u 380 Other Personal u 720 Labor/Management u 863 DIWC/DIWW (405(g)) Exchange
u 195 Contract Product Liability u 360 Other Personal Property Damage Relations u 864 SSID Title XVI u 890 Other Statutory Actions
u 196 Franchise Injury u 385 Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 891 Agricultural Acts
u 362 Personal Injury - Product Liability u 751 Family and Medical u 893 Environmental Matters
Medical Malpractice Leave Act u 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 790 Other Labor Litigation FEDERAL TAX SUITS Act
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: u 791 Employee Retirement u 870 Taxes (U.S. Plaintiff u 896 Arbitration
u 220 Foreclosure u 441 Voting u 463 Alien Detainee Income Security Act or Defendant) u 899 Administrative Procedure
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRS—Third Party Act/Review or Appeal of
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 Agency Decision
u 245 Tort Product Liability Accommodations u 530 General u 950 Constitutionality of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION State Statutes
Employment Other: u 462 Naturalization Application
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict u 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
15 USC 1114
VI. CAUSE OF ACTION Brief description of cause:
Trademark Infringement, Copyright Infringement and Patent Infringement
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE Kimball / Pead DOCKET NUMBER 2:19-cv-501, 502, 503, 504,
DATE SIGNATURE OF ATTORNEY OF RECORD
04/30/2020 /Brian N. Platt/
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Neck Hammock v. Danezen - Complaint

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Neck Hammock v. Danezen - Complaint

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Case 2:20-cv-00287-DAK-DBP Document 1 Filed 04/30/20 Page 1 of 31

Brent P. Lorimer (#3731)

Attorneys for The Neck Hammock, Inc.

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH

THE NECK HAMMOCK, INC., a Delaware Case No: 2:20-cv-00287-DAK

Plaintiff, [FILED UNDER SEAL]

vs. COMPLAINT FOR COPYRIGHT

against Defendants Danezen.com, Henshui Zhang, Optinaly.com, Jingfei Guo, PrettyDiary.store,

and John Does 1-10 (collectively “Defendants”).

THE NATURE OF THE ACTION

founder and President of Neck Hammock.

2. While working as a licensed physical therapist, Dr. Sudell repeatedly treated

and developing an economical alternative that was—above all—effective to provide therapeutic

inventive portable cervical traction device the “Neck Hammock®”.

allows individuals suffering from a variety of conditions, including neck arthritis, a

office of a physical therapist.

5. As illustrated in Figure 2 below, the Neck Hammock® includes shock-absorbing

tendons and ligaments.

Hammock® as a medical device.

8. On October 24, 2017, Neck Hammock launched a campaign on kickstarter.com,

for a total $1,642,934 in crowd-sourced, pre-paid orders.

materials. Neck Hammock’s creative achievement resulted in broad intellectual property

continues despite Neck Hammock’s efforts to police the marketplace.

their infringing products on eCommerce platforms including www.Danezen.com,

www.Optinaly.com, and www.PrettyDiary.store.

has customers, and has suffered injury in the District of Utah.

15. Defendant Danezen.com (“Danezen”) is an unknown Chinese entity with a

www.Danezen.com and through Facebook at https://www.facebook.com/Danezen-

16. Defendant Henshui Zhang (“Zhang”) is an unknown Chinese person with a

www.Danezen.com and through Facebook at https://www.facebook.com/Danezen-

17. Defendant Optinaly.com (“Optinaly”) is an unknown Chinese entity with a

at www.Optinaly.com and through Facebook at https://www.facebook.com/Optinaly-

www.Optinaly.com and through Facebook advertising at https://www.facebook.com/Optinaly-

19. Defendant PrettyDiary.store (“Pretty Diary”) is an unknown affiliate of Defendants

its website at www.PrettyDiary.store.

the Complaint by amendment.

§ 1367 (supplemental jurisdiction).

commerce directed both to and from this District.

23. Defendants are individuals or entities subject to personal jurisdiction in this

corporations otherwise subject to personal jurisdiction in this District.

24. Neck Hammock is a world-leading manufacturer of innovative portable devices

market by offering innovative home-solutions to physical health problems.

in the head and neck area.

cost, patients could generally only afford such visits periodically.

Patent Number Title

10,307,284 (“’284 Patent”) Portable Traction Device with Sling

D824,035 (“’D035 Patent”) Portable Traction Device

D845,492 (“’D492 Patent”) Portable Traction Device

D845,494 (“’D494 Patent”) Portable Traction Device

30. Neck Hammock obtained a U.S. copyright registration (Registration Number: VA

Registration Number Trademark

5,626,795 (“’795 Trademark”) Neck Hammock

5,439,768 (“’768 Trademark”) The Neck Hammock

5,557,079 (“’079 Trademark”)

5,874,909 (“’909 Trademark”)

33. In addition, Defendants advertise counterfeit products on Facebook and other

FIRST CAUSE OF ACTION

preceding paragraphs, as if fully set forth herein.

35. Neck Hammock owns the Neck Hammock Trademarks.

of the ’079 Trademark is attached as Exhibit C.

as shown in Figures 4, 5, 6, and 7.

confusion, to cause mistake, or to deceive the consumer as to the affiliation, connection, or

association of Defendants’ counterfeit products with Neck Hammock, or as to the origin, or