Skull Shaver v. Freedom Grooming - Complaint

Case 5:20-cv-03670 Document 1 Filed 07/28/20 Page 1 of 5
IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF PENNSYLVANIA
:
SKULL SHAVER, LLC :
:
Plaintiff, :
v. : No. _________________
:
FREEDOM GROOMING, : VERIFIED COMPLAINT
:
Defendant. : JURY TRIAL DEMANDED
:
Plaintiff Skull Shaver, LLC (“Plaintiff”), by and through its undersigned counsel,
hereby brings this Complaint against Defendant Freedom Grooming and in support thereof
says:
PARTIES
1. Plaintiff Skull Shaver, LLC is a limited liability company of New Jersey,
having its principle place of business at 1503 Glen Avenue, Suite 601, Moorestown, NJ
08057.
2. Defendant Freedom Grooming (“Defendant”) is, upon information and
belief, a corporate entity organized under the laws of Pennsylvania, located at 1631
Wethersfield Drive, Allentown, PA 18104 and having a place of business at 233 Mickley
Road, Whitehall, PA 18052.
JURISDICTION AND VENUE
3. This Court has jurisdiction over this action pursuant to 28 U.S.C.
§ 1338(a) because the cause of action arises under the Patent Laws of the United States
and, specifically, 35 U.S.C. §§ 271 and 289.
1
4. This Court has personal jurisdiction over the Defendant because it is
located in this judicial district and incorporated in this district.
5. Venue is proper pursuant to 28 U.S.C. §1400(b) in that Defendant resides
in this judicial district.
DESIGN PATENT INFRINGEMENT
6. Skull Shaver is in the business of designing and selling electric shavers in
the United States and throughout the world.
7. Skull Shaver is the owner of U.S. Design Patent No. D672504 entitled
“Electric Head Shaver” which duly and legally issued on December 11, 2012 (hereinafter
the “Patent”). The Patent is in full force and effect and a copy is attached hereto as
Exhibit A.
8. In contravention to 35 U.S.C. §§271 and 289, Defendant has willfully and
deliberately infringed the Patent by making, using, selling, and/or offering to sell, or
causing others to make, use, sell, and/or offer to sell an electric shaver which it refers to
as “Eagle Flex Shaver” or “Flex Series Grooming Kit” (hereinafter “Flex Series”) and
which embodies the invention claimed in the Patent. Photographs of the Flex Series
shaver are attached hereto as Exhibit B.
9. Defendant’s shavers are relatively inexpensive costing only about $60.00.
10. On information and belief, Defendant’s Flex Series shavers are sold only
online, and are not available in stores.
11. As a result of the manner in which the Flex Series shavers are sold, a
prospective consumer does not have an opportunity to closely examine the same. He or
she can see only what is shown on online.
2
12. Although there are some differences in the designs, the overall appearance of
the Flex Series shaver is substantially the same as the design in the Patent or is at least a
colorable imitation thereof.
13. By way of example, both designs compromise: (1) a housing which contains
the battery-operated electrical source and drive components; (2) a central hub extending
from under the center of the housing to the cutter mechanism, connecting the two parts;
and (3) the cutter mechanism defines a plane.
14. The ordinary observer, seeing the Flex Series shaver on online, would be
deceived into believing that the Flex Series shaver is the same as the patented design.
WHEREFORE, Skull Shaver prays for judgment against Defendant as follows:
A. That, pursuant to 35 U.S.C. §283, preliminary and final injunctions be issued
enjoining Defendant, its officers, agents, servants, employees and all those persons in
active concert or participation with any of them from further infringement of the Patent;
B. That, pursuant to 35 U.S.C. §284, Defendant account to Skull Shaver for
damages for all past infringement, including treble damages because of the willful nature
of such infringement;
C. That, pursuant to 35 U.S.C. §285, Skull Shaver be awarded costs and
attorney’s fees incurred in connection with this action;
D. That, pursuant to 35 U.S.C. §289, Defendant account to Skull Shaver for the
total extent of Defendant’s profits resulting from Defendant’s past infringement; and
E. Such other and further relief as this court deems just and proper.
3
Dated: July 28, 2020 Respectfully submitted,
/s/ Ahmed Soliman

Ahmed M. Soliman, Esq./ I.D. #309115
Soliman & Associates, PC
923 Haddonfield Road, Ste. 300
Cherry Hill, NJ 08002
Tel: (856) 324-8313/Fax: (856) 324-9080
E-mail: soliman@solimanlegal.com
Attorney for Plaintiff
4
VERIFICATION
I, Neel Kulshreshtha, hereby verify that I am the Chief Executive Officer of
Plaintiff in this matter, and further verify that the factual statements and averments made
in the forgoing Complaint are true and correct to the best of my knowledge, information
and belief. I understand that the statements therein are made subject to the penalties of 28
U.S.C. § 1746 relating to unsworn falsification to authorities.
_____________________________
Neel Kulshreshtha
7/28/2002
Dated: ________________
5
Case 5:20-cv-03670 Document 1-1 Filed 07/28/20 Page 1 of 9
USOOD672504S
(12) United
Lyles
States Design Patent (10) Patent No.: US D672,504 S
(45) Date of Patent: . Dec. 11, 2012
(54) ELECTRICHEAD SHAVER D601,301 S 9, 2009 Bao
D663,897 S * 7/2012 Aulwes et al. ................. D28,54
2009 OO25234 A1 1/2009 Carlucci
(76) Inventor: John Lyles, Mount Ephraim, NJ (US)
* cited by examiner
(**) Term: 14 Years
Primary Examiner — Jennifer Rivard
(21) Appl. No.: 29/374,431 (74) Attorney, Agent, or Firm — Norman E. Lehrer
(57) CLAM
(22) Filed: Aug. 11, 2011
The ornamental design for an “electric head shaver, as shown
(51) LOC (9) Cl. .................................................. 28-03 and described.
(52) U.S. Cl. ........................................................ D28/SO DESCRIPTION
(58) Field of Classification Search ................... D28/44,
D28/44.1, 49–54; 30/34.05, 34.1, 34.2, 43–43.92, FIG. 1 is a top perspective view of an electric head shaver
30/526, 527, 44-45, 341, 195-223, 272.1, showing my new design;
30/226 227, 231, 233 233.5 FIG. 2 is a bottom perspective view thereof;
See application file for complete search history. FIG. 3 is a front elevational view thereof
FIG. 4 is a right side elevational view thereof;
(56) References Cited
FIG. 5 is a rear elevational view thereof;
U.S. PATENT DOCUMENTS FIG. 6 is a left side elevational view thereof;
FIG. 7 is a top plan view thereof; and,
5,520,616 A 5, 1996 Hofmeister FIG. 8 is a bottom plan view thereof.
D426,918 S * 6/2000 Greene .......................... D28/48 The broken lines shown in the drawings illustrate portions of
6,112,421 A * 9/2000 Greene ... ... 30.526
D446,351 S * 8/2001 Greene . ... D28/46 the article and form no part of the claimed design.
D528,701 S * 9/2006 Oh ........... ... D28.50
D558,924 S * 1/2008 Cafaro et al. .................. D28,52 1 Claim, 8 Drawing Sheets
U.S. Patent Dec. 11, 2012 Sheet 1 of 8 US D672,504 S
Figure 1
Figure 2
Figure 3
Figure 4
Figure 5
Figure 6
Figure 7
igure 8
U SER M AN U A L FAQS
Case
FlexSeries™ Electric Head Shaver & Bald 5:20-cv-03670 Document
Razor Grooming Kit – Freedom Grooming1-2 Filed 07/28/20 Page 1 of 1 7/9/20, 11)32 AM
E N J OY 5 0 % O F F FO R I N D E P E N D E N C E W E E K !
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Case 5:20-cv-03670 Document 1 Filed 07/28/20 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE

1. Plaintiff Skull Shaver, LLC is a limited liability company of New Jersey,

2. Defendant Freedom Grooming (“Defendant”) is, upon information and

Road, Whitehall, PA 18052.

JURISDICTION AND VENUE

3. This Court has jurisdiction over this action pursuant to 28 U.S.C.

and, specifically, 35 U.S.C. §§ 271 and 289.

4. This Court has personal jurisdiction over the Defendant because it is

located in this judicial district and incorporated in this district.

5. Venue is proper pursuant to 28 U.S.C. §1400(b) in that Defendant resides

in this judicial district.

DESIGN PATENT INFRINGEMENT

6. Skull Shaver is in the business of designing and selling electric shavers in

the United States and throughout the world.

8. In contravention to 35 U.S.C. §§271 and 289, Defendant has willfully and

shaver are attached hereto as Exhibit B.

9. Defendant’s shavers are relatively inexpensive costing only about $60.00.

online, and are not available in stores.

she can see only what is shown on online.

colorable imitation thereof.

and (3) the cutter mechanism defines a plane.

WHEREFORE, Skull Shaver prays for judgment against Defendant as follows:

A. That, pursuant to 35 U.S.C. §283, preliminary and final injunctions be issued

B. That, pursuant to 35 U.S.C. §284, Defendant account to Skull Shaver for

C. That, pursuant to 35 U.S.C. §285, Skull Shaver be awarded costs and

attorney’s fees incurred in connection with this action;

Dated: July 28, 2020 Respectfully submitted,

/s/ Ahmed Soliman

I, Neel Kulshreshtha, hereby verify that I am the Chief Executive Officer of

U.S.C. § 1746 relating to unsworn falsification to authorities.

U.S. Patent Dec. 11, 2012 Sheet 1 of 8 US D672,504 S

U.S. Patent Dec. 11, 2012 Sheet 2 of 8 US D672,504 S

U.S. Patent Dec. 11, 2012 Sheet 3 of 8 US D672,504 S

U.S. Patent Dec. 11, 2012 Sheet 4 of 8 US D672,504 S

U.S. Patent Dec. 11, 2012 Sheet 5 of 8 US D672,504 S

U.S. Patent Dec. 11, 2012 Sheet 6 of 8 US D672,504 S

U.S. Patent Dec. 11, 2012 Sheet 7 of 8 US D672,504 S

U.S. Patent Dec. 11, 2012 Sheet 8 of 8 US D672,504 S

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