Case: 1:14-cv-09595 Document #: 1 Filed: 12/01/14 Page 1 of 4 PageID #:1

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
NEATFREAK GROUP INC., an Ontario, Canada )
corporation,
)
)
Plaintiff,
)
v.
)
)
WHITMOR, INC., a Delaware corporation; and
)
KMART CORP., a Michigan corporation
)
)
Defendants.
)

Case No.
JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT

Neatfreak Group Inc., by its undersigned attorneys, as and for its Complaint against
Whitmor, Inc. and Kmart Corporation, states as follows:
THE PARTIES
1.

Plaintiff Neatfreak Group Inc. (Neatfreak) is a company incorporated under the

laws of the Province of Ontario, Canada, having its registered office at 5320 Timberlea
Boulevard, Mississauga, Ontario L4W256.
2.

Defendant Whitmor, Inc. (Whitmor) is a Delaware corporation having a

principal place of business at 8680 Swinnea Road, Suite 103, Southhaven, Mississippi 38671.
3.

Defendant Kmart Corporation (Kmart) is a Michigan corporation having a

principal place of business at 3333 Beverly Road, Hoffman Estates, Illinois 60179.
4.

Neatfreak is a global designer, manufacturer, and distributor of innovative home

organization products. Neatfreak has head offices in Mississuaga, Ontario and Long Valley,
New Jersey. Neatfreak operates a 110,000 square foot distribution center in Ontario Canada and
warehouse facilities in Long Beach, California. Neatfreak supplies its innovative products to
numerous retailers in the United States including Walmart, Target, and Lowes.

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5.

Whitmor competes directly with Neatfreak in the market for home organization

products. Whitmor supplies products to Kmart for retail sale.

6.

On information and belief, Defendants have transacted business and committed

acts of infringement within the State of Illinois, and the Northern District of Illinois, and are
subject to the personal jurisdiction of this Court.
JURISDICTION
7.

This is an action for patent infringement arising under the Patent Laws of the

United States, 35 U.S.C. 1 et. seq.

8.

The Court has jurisdiction under 28 U.S.C. 1331 and 1338(a).

9.

Venue is proper under 28 U.S.C. 1391 and 1400.

COUNT I
(Patent Infringement Against All Defendants)

10.

On January 25, 2005, United States Patent No. D501,093 (the 093 Patent)

entitled Coat Hanger was duly and legally issued to the Zebra Company as assignee of the
inventors Bertrand Barre, Francis Lepage, and Xavier Gibert. A true and accurate copy of the
093 Patent is attached hereto as Exhibit 1.
11.

Subsequently, Barre & Associes (Barre) (formerly known as the Zebra

Company) granted Neatfreak an exclusive license to the 093 Patent effective as of January 1,
2008.

Neatfreaks rights under the license agreement include the right to bring suit for

infringement of the 093 Patent. Neatfreak has possessed its rights in the 093 Patent throughout
the period of Defendantsinfringing acts and still possesses those rights.
12.

Defendants have been infringing, and continuing to infringe the 093 Patent by

making, using, selling, and/or offering to sell products within this judicial district, including
products sold under the Sure-Grip trademark (style no. 6653-4903-10), in violation of 35

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U.S.C. 271 without authorization from Neatfreak or Barre, and will continue to do so unless
enjoined by this Court.
13.

Defendantsacts of infringement include Whitmors sales of infringing products

to Kmart and Kmarts retail sale of such infringing products in one or more stores in this judicial
district.
14.

Defendantsinfringement of the 093 Patent has caused and will cause Neatfreak

to sustain damages and unless restrained will cause irreparable injury.

15.

Neatfreak has complied with the statutory requirement of placing a notice of the

Letters Patent on the packages of the coat hangers that it sells as its embodiment of the claimed
invention.

Neatfreak has also given Whitmor written notice of the infringement and, on

information and belief, Whitmor has provided such notice to Kmart.

16.

Defendants infringement of the 093 Patent has been and continues to be

wrongful and unlawful, and one or more of Defendantsinfringing acts have been willful and
with full knowledge of the 093 Patent and/or reckless disregard for Neatfreaks rights in the
093 Patent.
WHEREFORE, Neatfreak Group Inc. prays:
(a)

Pursuant to 35 U.S.C. 271, for a judgment that Defendants have

infringed United States Patent No. D501,093;

(b)

Pursuant to 35 U.S.C. 283, for a preliminary and permanent injunction

enjoining and restraining Defendants, their officers, directors, agents,
servants, employees, attorneys and all others acting under or through
them, directly or indirectly, from infringing United States Patent No.
D501,093;

(c)

Pursuant to 35 U.S.C. 284, for a judgment and order that Defendants be

required to pay damages sustained by Neatfreak as a result of Defendants
infringement of the United States Patent No. D501,093, and that such
damages be trebled for Defendantswillful infringement of the patent;

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(d)

Pursuant to 35 U.S.C. 285, for a judgment that this is an exceptional case

and that Neatfreak be awarded its reasonable attorneysfees and other
costs incurred in seeking relief against Defendants;

(e)

Pursuant to 35 U.S.C. 289, for a judgment and order that Defendants be

required to pay Neatfreak the amount of total profit earned by each of the
defendants from infringing sales;

(f)

A judgment that Neatfreak be awarded prejudgment interest on all

damages; and

(g)

A judgment that Neatfreak be awarded such other and further relief as the
Court deems just and equitable.
DEMAND FOR JURY TRIAL

Pursuant to Federal Rule of Civil Procedure 38(b), Neatfreak Group Inc. hereby demands
a trial by jury of all issues in the foregoing action triable as of right by jury.

December 1, 2014

Respectfully submitted,
s/ Paul J. Ripp
An Attorney for Plaintiff Neatfreak Group Inc.

David L. Applegate (Atty. No. 3122573)

312.855.4851 / 312.630.8578 (FAX)
dla@willmont.com
Paul J. Ripp (Atty. No. 6281001)
312.443.3205 / 312.630.8505 (FAX)
pjr@willmont.com
Williams Montgomery & John, Ltd.
233 South Wacker Drive Suite 6100
Chicago, IL 60606
Attorneys for Plaintiff

DocID#1184321

Case: 1:14-cv-09595 Document #: 1-1 Filed: 12/01/14 Page 1 of 8 PageID #:5

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
NEATFREAK GROUP INC., an Ontario, Canada )
corporation,
)
)
Plaintiff,
)
v.
)
)
WHITMOR, INC., a Delaware corporation; and
)
KMART CORP., a Michigan corporation
)
)
Defendants.
)

EXHIBIT 1

DocID#1184361

Case No.
JURY TRIAL DEMANDED

1 1 1 1 1 1 1 10 11111111111111[11fR13p1111111111110 1111111 1

Case: 1:14-cv-09595 Document #: 1-1 Filed: 12/01/14 Page 2 of 8 PageID #:6

(12)

United States Design Patent (10)

Barre et al.

(45)

D340,137 S * 10/1993 Tocci

D407,907 S * 4/1999 Krempa et al.
D408,156 S * 4/1999 Eiley et al.
D415,620 S * 10/1999 Prince et al.
D419,310 S * 1/2000 Abdi
D471,723 S * 3/2003 Laguelle

(54) COAT HANGER

(75) Inventors: Bertrand Barre, Lapeyrouse (FR);
Francis Lepage, Dommartin (FR);
Xavier Gibert, Chassieu (FR)
(73) Assignee: The Zebra Company (FR)
,

**s) Term:

Patent No.:
US D501,093 S
Date of Patent: ** Jan. 25, 2005
D6/317
D6/317
D6/317
D6/319
D6/317
D6/319

* cited by examiner

14 Years

(21)

Appl. No.: 29/199,930

Primary ExaminerStella Reid

Assistant ExaminerDaniel Bui
(74) Attorney, Agent, or FirmCantor Colburn LLP

(22)

Filed:

(57)

(30)

Feb. 20, 2004

Foreign Application Priority Data

Oct. 2, 2003 (FR)

03 4784

(51) LOC (7) Cl.

06-08
(52) U.S. Cl.
D6/319
(58) Field of Search
D6/315, 317, 318,
D6/319, 326, 513; 211/113; 223/85, 86,
88, 92, 95, DIG. 4
(56)

References Cited
U.S. PATENT DOCUMENTS
D140,337 S * 2/1945 Hill
2,810,500 A * 10/1957 Wingate
D318,573 S * 7/1991 Abdi

D6/319
223/89
D6/317

CLAIM

The ornamental design for a coat hanger, as shown and

described.
DESCRIPTION
FIG. 1 is a perspective view of a coat hanger, showing our
new design;
FIG. 2 is a front view thereof;
FIG. 3 is a right-side view thereof;
FIG. 4 is a rear view thereof;
FIG. 5 is a left-side view thereof;
FIG. 6 is a top view thereof; and,
FIG. 7 is a bottom view thereof.
1 Claim, 6 Drawing Sheets

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U.S. Patent

Jan. 25, 2005

Sheet 1 of 6

US D501,093 S

Case: 1:14-cv-09595 Document #: 1-1 Filed: 12/01/14 Page 4 of 8 PageID #:8

U.S. Patent

Jan. 25, 2005

Sheet 2 of 6

US D501,093 S

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U.S. Patent

Jan. 25, 2005

Sheet 3 of 6

FIG. 3

US D501,093 S

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U.S. Patent

Jan. 25, 2005

Sheet 4 of 6

US D501,093 S

..

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U.S. Patent

Sheet 5 of 6

Jan. 25, 2005

4=)

FIG. 5

US D501,093 S

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U.S. Patent

Jan. 25, 2005

Sheet 6 of 6

US D501,093 S