ARTIS LLC,
Case No.
Plaintiff,
-against-
COMPLAINT
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Plaintiff Artis LLC ("Artis" or "Plaintiff), by and through its undersigned counsel, GJ_zeit,o
C/5
O'Connor, for its Complaint against Defendant STW Enterprise, Inc. d/b/a Cailyn Cosmetics5
o
This is an action for infringement of Artis' United States Patent No. D699,041 under the
Patent Act, 35 U.S.C. 271, based on Defendant's unauthorized manufacture, use, importation,
offer for sale, and/or sale of certain infringing cosmetic brushes in the United States.
PARTIES
1.
Artis is a New Jersey limited liability company with a principal place of business
principal place of business located at 10450 Pioneer Blvd., Santa Fe Springs, California 90670.
LEGAL\21648748\1
E?
3.
This is an action for patent infringement in violation of the patent laws of the
4.
This court has original jurisdiction over the subject matter of this action pursuant
to 28 U.S.C. 1331 and 1338(a) because this action involves claims arising under the patent
laws of the United States.
5.
This Court has personal jurisdiction over Defendant because, among other
reasons, upon information and belief, it has derived revenue from the sales of products in this
District, it has systematic and continuous business contacts with this District and it has directly
committed acts of patent infringement against the asserted patent referenced below in this
District.
6.
Venue is proper in this District under 28 U.S.C. 1391(b) and 1400(b) because,
among other reasons, Defendant has committed acts of patent infringement in this District and
because Defendant is subject to personal jurisdiction in this District.
FACTS
7.
For the last approximately six years, Artis has been designing, manufacturing
brushes, called the "Elite Collection," that have a unique and ornamental design. Artis'
cosmetic brushes have been featured in numerous publications including Harper's Bazaar and
Allure.
9.
Plaintiffs innovative designs for its cosmetic brushes are protected by various
intellectual property rights including a design patent issued by the United States Patent and
Trademark Office (the "USPTO").
2
LEOAL\21648748\l
10.
On or about February 11, 2014, the USPTO issued U.S. Design Patent No.
D699,041 (the '"041 Patent") entitled "Cosmetic Brush," claiming an ornamental design for a
cosmetic brush. Artis is the owner by assignment of all right, title and interest in the '041
Patent. A true and correct copy of the '041 Patent is attached as Exhibit A to this Complaint
and is incorporated herein.
11.
Defendant has and continues to infringe the '041 Patent by making, using,
selling and/or offering for sale a line of cosmetic brushes under the brand name "O! WOW
BRUSH" (hereinafter the "Infringing Brushes") in the United States as well as importing into the
United States Infringing Brushes that embody or use the inventions claimed in the '041 Patent.
12.
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f-ii^~--'
"_&_*!
FIG. 3
13.
Upon information and belief, Defendant sells the Infringing Brushes directly to
consumers via its Internet website located at cailyncosmetics.com as well as through national
retailers such as amazon.com.
14.
Defendant has known of the existence of the '041 Patent, and its acts of
infringement have been willful and in disregard for the '041 Patent, without any reasonable basis
for believing that it had a right to engage in the infringing conduct.
3
LEGAL\21648748\1
15.
brush products, with Artis' consent, sent a letter to Defendant alleging that Defendant is
infringing Artis' patent rights.
16.
On or about August 19, 2014, counsel for Defendant, responding to the August
Defendant's counsel's August 9, 2014 letter by enclosing a copy of the '041 Patent and again
demanding that Defendant cease and desist its acts of infringement. Counsel for Defendant did
not respond to the September 5,2014 letter.
18.
On or about September 22, 2014, counsel for Artis sent an email to Defendant's
counsel requesting a response to the September 5, 2014 letter. Counsel for Defendant did not
respond to the September 22,2014 email. As of the date of this Complaint, no substantive
response has been received from Defendant or its counsel.
19.
20.
21.
Plaintiff repeats and re-alleges Paragraphs 1-19 hereof as if fully set forth herein.
Defendant has infringed and continues to infringe the '041 Patent by making,
using, selling and/or offering for sell in the United States, or importing into the United States,
including in this judicial district, one or more Infringing Brushes identified in this Complaint,
which embody the design claimed in the '041 Patent in violation of 35 U.S.C. 271(a).
22.
and willful.
4
LEGAL\21648748\1
23.
Defendant's acts of infringement of the '041 Patent have caused and will
continue to cause Artis damages for which Artis is entitled to compensation pursuant to 35
U.S.C. 284.
24.
Defendant's acts of infringement of the '041 Patent have caused and will
continue to cause Artis immediate and irreparable harm unless such infringing activities are
enjoined by this Court pursuant to 35 U.S.C. 283. Artis has no adequate remedy at law.
25.
U.S.C. 271(a);
B.
officers, directors, attorneys, successors, affiliates, subsidiaries and assigns, and all of those in
active concert and participation with any of the foregoing persons or entities from infringing,
contributing to the infringement of, or inducing infringement of the '041 Patent;
C.
for Defendant's infringement of the '041 Patent, with pre-judgment and post-judgment interest
and costs, pursuant to 35 U.S.C. 284;
D.
Ordering that the damages award be increased up to three times the actual
E.
Declaring this case exceptional and awarding Artis its reasonable attorneys'
F.
Awarding such other and further relief as this Court deems just and proper.
5
LEGAL\21648748\1
Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Artis demands a trial by jury
on all issues so triable.
dsunshine@cozen.com
Attorneysfor PlaintiffArtis LLC
LEGAL\21648748\1
EXHIBIT A
Illllllilllll
US00D699041S
US D699,041 S
(54)
COSMETIC BRUSH
(76)
Inventor:
5,476,334
5,511,276
D373,250
D387,203
5,842,488
A
A
S
S
A
Term:
(21)
(22)
Filed:
Feb. 11,2014
Tello-Vallarino
Lee
Cavazza
Matharu
Belleauetal.
D4/104
D4/104
(Continued)
14 Years
(**)
12/1995
4/1996
9/1996
12/1997
12/1998
**
201453625 U
5/2010
OTHER PUBLICATIONS
LOC(10)C1
04-02
U.S. CI.
USPC
D4/138; D4/104; D4/134
Field of Classification Search
USPC
(Continued)
References Cited
described.
A *
8/1916
A
11/1927 Krantz
A
1/1928 Barnes
S *
2/1952
A
4/1955 Blakeman
A
11/1962 Sexton
S *
2/1977
A
8/1979 Cassai
S
6/1980 Hilletal.
A
10/1980 Ginsburg
A
5/1982 Booth
A
7/1986 Ernest et al.
S
7/1993 Makinami
S
5/1994 Makinami
D357J23 S
4/1995
CLAIM
D4/104
US D699,041 S
Page 2
(56)
5,881,421
6,039,051
6,050,273
6,108,847
6,234,798
6,687,940
6,779,532
7,182,542
D589,258
7,823,593
References Cited
OTHER PUBLICATIONS
A
3/1999
A
3/2000
A
4/2000
A * 8/2000
Bl
5/2001
Bl
2/2004
B2
8/2004
B2
2/2007
S *
3/2009
B2
11/2010
2005/0188486 Al
2007/0143942 Al*
Ducharme
Dorf
Lhuisset
Cueman et al
Bealsetal.
Gross etal.
Dorf
Hohlbein
Littmannetal
Gueret
9/2005 Tubman
6/2007 Fox et al
D4/104
15/143.1
<URL: http://www.orbit.com>.*
* cited by examiner
U.S. Patent
Sheet 1of3
US D699,041 S
FIG. 1
U.S. Patent
Sheet 2of3
US D699,041 S
FIG. 2
U.S. Patent
Sheet 3 of3
US D699,041 S
FIG. 3
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Total Assignments: 1
Patent #: D699041
Application #: 29425384
Assignment: 1
Reel/Frame: 032487/0917
Recorded: 03/20/2014
Pages: 2
FARGO, ND 58103
If you haveany comments or questions concerning the data displayed, contact PRD/ Assignments at 571-272-3350. v.2.5
Web interface last modified: July 25, 2014 v.2.5