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Case 2:19-cv-07347 Document 1 Filed 08/23/19 Page 1 of 5 Page ID #:1

1 WANG IP LAW GROUP, P.C.


TOMMY SF WANG (SBN: 272409)
2 CHIEH AN CHEN (SBN: 306296)
3 ANGELICA VICTORIA O. DE MESA (SBN:313602)
18645 E. Gale Ave., Suite 205
4
Industry, CA 91748
5 Telephone: (626) 269-6753
6
Facsimile: (888) 827-8880
twang@thewangiplaw.com, achen@thewangiplaw.com,
7 ademesa@thewangiplaw.com
8
9 Attorneys for Plaintiff, SHANDONG HONGHUI FOOD MACHINERY CO.,
LTD dba SEVEN STYLE
10
11 UNITED STATES DISTRICT COURT
12 CENTRAL DISTRICT OF CALIFORNIA
13
14 SHANDONG HONGHUI FOOD Case No.:
MACHINERY CO., LTD dba SEVEN
15
STYLE, a China Limited Company,
16 COMPLAINT FOR DECLARATORY
Plaintiff, JUDGMENT OF NON-
17
vs. INFRINGEMENT OF A PATENT
18
19 WOULDN’T IT BE NICE LLC, a
Michigan Limited Liability Company;
20 and DOES 1 through 10;
21 Defendants.
22
23
Plaintiff SHANDONG HONGHUI FOOD MACHINERY CO., LTD dba SEVEN
24
STYLE, a China Limited Company, by and through its counsel of record, hereby
25
complains against Defendant WOULDN’T IT BE NICE LLC, a Michigan Limited
26
Liability Company, as follows:
27
//
28
//
1

COMPLAINT FOR DECLARATORY JUDGEMENT


Case 2:19-cv-07347 Document 1 Filed 08/23/19 Page 2 of 5 Page ID #:2

1 THE PARTIES
2 1. Plaintiff SHANDONG HONGHUI FOOD MACHINERY CO., LTD dba
3 SEVEN STYLE (“SEVEN STYLE” or “PLAINTIFF”) is a China Limited Company with
4 its principal place of business at Xingfu Town, Boxing County No. 188, Cungao Village
5 Binzhou, Shandong China 256600.
6 2. Defendant WOULDN’T IT BE NICE LLC (“WIBN LLC” or
7 “DEFENDANT”) is a Michigan Limited Liability Company with its principal place of
8 business in Plymouth, Michigan.
9 NATURE OF THE ACTION
10 3. PLAINTIFF is a seller of velvet hair scrunchies and retails these products
11 through e-commerce websites such as www.amazon.com. DEFENDANT holds a design
12 patent for a similar hair product (i.e. a hair scrunchie) but with a distinct petal-like shape
13 for the style and design of its product.
14 4. PLAINTIFF brings this action for declaratory judgment of non-infringement
15 of United States Design Patent No. D851,833 (“‘833 Patent”) owned by DEFENDANT
16 and issued on June 18, 2019. A true and correct copy of the ‘833 Patent is attached hereto
17 as Exhibit A.
18 JURISDICTION
19 5. This action arises under the laws of the Patent Act under Title 35 of the
20 United States Code.
21 6. This Court has subject matter jurisdiction over this action pursuant to 28
22 U.S.C. §§ 1331 and 1338, because the action arises under the Federal Declaratory
23 Judgment Act, 28 U.S.C. § 2201, et seq. and the Patent Act of the United States 35 U.S.C.
24 § 171 et seq.
25 7. An actual controversy exists between the parties through DEFENDANT’s
26 assertion of its design patent right against PLAINTIFF’s products. Specifically,
27 DEFENDANT asserts that PLAINTIFF’s Scrunchies Velvet Elastic Hair Bands (“Alleged
28 Product”) infringed upon their ‘833 Patent. However, PLAINTIFF contends that the

COMPLAINT FOR DECLARATORY JUDGEMENT


Case 2:19-cv-07347 Document 1 Filed 08/23/19 Page 3 of 5 Page ID #:3

1 Alleged Product did not infringe DEFENDANT’s ‘833 Patent and has the right to make,
2 use, sell, and/or offer to sell the Alleged Product in the United States and elsewhere.
3 8. The Court has personal jurisdiction of the parties because the parties have
4 established minimum contacts with the forum such that the exercise of jurisdiction over
5 either party will not offend traditional notions of fair play and substantial justice. Upon
6 information and belief, PLAINTIFF and DEFENDANT conducts business throughout the
7 United States and actively transacts businesses in this judicial district, including the sale
8 of its products through the internet to California Residents.
9 VENUE
10 9. Venue in this judicial district is proper pursuant to 28 U.S.C. § 1391 because
11 a substantial part of the events giving rise to the claim occurred in this district and the
12 DEFENDANT is subject to the Court’s personal jurisdiction with respect to this action.
13 GENERAL ALLEGATIONS
14 DEFENDANT Accuses PLAINTIFF of Design Patent Infringement
15 10. PLAINTIFF manufactures and sells the Alleged Product on e-commerce
16 retailers such as Amazon.com. A true and correct copy of one PLAINTIFF’s listing on
17 www.amazon.com is attached hereto as Exhibit B. On or around June 25, 2019,
18 PLAINTIFF received an email from Amazon.com stating that their listing for the Alleged
19 Product was removed based on a third-party complaint for the potential intellectual
20 property infringement of United States Design Patent No. D851,833 (‘833 Patent).
21 11. DEFENDANT owns the intellectual property rights to the ‘833 patent, a
22 design patent for an ornamental design of a hair scrunchie with a distinct petal-like shape.
23 (See Exhibit A.) Upon information and belief, DEFENDANT made the complaint to
24 Amazon.com in order to prevent PLAINTIFF from making, using, selling, and/or offering
25 to sell the Alleged Product in the United States and through Amazon.com.
26 12. At all relevant times and contrary to DEFENDANTS’ assertion,
27 PLAINTIFF’s Alleged Product does not infringe the ‘833 Patent. First, similar to a regular
28 hair scrunchie, the Alleged Product has an unfixed shape and is hard to form into a petal-

COMPLAINT FOR DECLARATORY JUDGEMENT


Case 2:19-cv-07347 Document 1 Filed 08/23/19 Page 4 of 5 Page ID #:4

1 like shape whereas DEFENDANT’s ‘833 Patent retains its petal-like shape at all times.
2 Attached hereto as Exhibit C is a comparison of the ‘833 Patent’s petal-like shape with
3 the shape of a regular scrunchie.
4 13. Second, the connection line of ‘833 Patent is in the middle between the top
5 portion and bottom portion of the scrunchie whereas the connection lines of the Alleged
6 Product are located randomly. Moreover, the connection lines of the Alleged Product have
7 a higher likelihood of being biased to the top portion or bottom portion as opposed to the
8 middle portion.
9 14. The differences between the Alleged Product and the ‘833 Patent establishes
10 that PLAINTIFF did not infringe, either directly or indirectly, the ‘833 Patent. By virtue
11 of the foregoing, there now exists an actual, justiciable, and substantial controversy
12 between the parties with respect to the validity, enforceability, and infringement of the
13 ‘833 Patent. Accordingly, PLAINTIFF is entitled to have a declaration of its rights and
14 further relief as requested herein.
15 FIRST CLAIM FOR RELIEF
16 (Declaratory Judgment of Non-Infringement of the ‘833 Patent)
17 15. PLAINTIFF hereby incorporates allegations asserted in paragraphs 1-14.
18 16. PLAINTIFF’s Alleged Product does not infringe the ‘833 Patent, directly or
19 indirectly, either literally or under the doctrine of equivalents.
20 17. PLAINTIFF seeks a declaration that it has not infringed and does not
21 infringe, directly or indirectly, any valid and enforceable claim of the ‘833 patent.
22 18. A judicial declaration is necessary and appropriate so that PLAINTIFF may
23 ascertain its rights and duties with respect to the ‘833 Patent.
24 DEMAND FOR JURY TRIAL
25 19. PLAINTIFF hereby demands a jury trial on all claims, damages, and any
26 other issues presented herein that are triable to a jury.
27 //
28 //

COMPLAINT FOR DECLARATORY JUDGEMENT


Case 2:19-cv-07347 Document 1 Filed 08/23/19 Page 5 of 5 Page ID #:5

1 PRAYER FOR RELIEF


2 WHEREFORE, PLAINTIFF prays for judgment against DEFENDANT as
3 follows:
4 1. For the Court to declare that the velvet hair scrunchies manufactured, sold or
5 distributed by PLAINTIFF do not and would not infringe the United States Design Patent
6 No. D851,833, directly or indirectly, literally or under the doctrine of equivalents, if made,
7 used, offered for sale, or sold in the United States or imported into the United States;
8 2. For the Court to deem this case to be “exceptional” within the meaning of 35
9 U.S.C. §285 entitling PLAINTIFF to an award of its reasonable attorneys’ fees and
10 expenses in this action; and
11 3. For such other and further relief as the Court deems just and proper.
12
13
14 Dated: August 23, 2019 Respectfully submitted,
15
16
17
18
Attorney for Plaintiff SHANDONG
19
HONGHUI FOOD MACHINERY
20 CO., LTD dba SEVEN STYLE
21
22
23
24
25
26
27
28

COMPLAINT FOR DECLARATORY JUDGEMENT


Case 2:19-cv-07347 Document 1-1 Filed 08/23/19 Page 1 of 12 Page ID #:6

EXHIBIT A
Case 2:19-cv-07347 Document 1-1 Filed 08/23/19 Page 2 of 12 Page ID #:7
I 11111 1 111111 1 1 1111 1111 1 1111 111111111111111 1111111 1111 1111 I IIII IIII
US00D851833 S

c12) United States Design Patent c10) Patent No.: US D851,833 S


Thurswell (45) Date of Patent: ** Jun.18,2019

(54) SCRUNCHIE D426,026 S * 5/2000 Maturaporn ................... D28/41


D445,957 S * 7/2001 Maturaporn ................... D28/41
D451,013 S 11/2001 Bridwell et al.
(71) Applicant: Wouldn't It Be Nice LLC, Plymouth, D452,757 S 1/2002 Langford
MI (US) D526,744 S 8/2006 Siilva
7,581,548 B2 9/2009 Henricksen et al.
(72) Inventor: Cassandra Thurswell, Los Angeles, 2007/0084480 Al 4/2007 Chudzik et al.
CA (US) 2010/0001016 Al 1/2010 Savage
2017/0049207 Al 2/2017 Tai
(73) Assignee: Wouldn't It Be Nice LLC, Plymouth,
MI (US) OTHER PUBLICATIONS

(**) Term: 15 Years hittp://www.icing.com:SO/us/hair/hair-ties/scrunchies/; printed Jan.


3, 2019, 9 pages.
(21) Appl. No.: 29/676,358
* cited by examiner
(22) Filed: Jan. 10, 2019
Primary Examiner - Zenia I Bennett
(51) LOC (11) Cl. ............................................... 28-03 (74) Attorney, Agent, or Firm - Brooks Kushman P.C.
(52) U.S. Cl.
USPC ........................................................... D28/41 (57) CLAIM
(58) Field of Classification Search The ornamental design for a scrunchie, as shown and
USPC ........... D28/21-34, 39--43, 92, 93; Dll/3-6; described.
D2/871-875 DESCRIPTION
CPC ............... A45D 8/00; A45D 8/34; A45C 5/00
See application file for complete search history. FIG. 1 is a front perspective view of a scrunchie according
to an embodiment;
(56) References Cited FIG. 2 is a top elevational view of the scrunchie of FIG. 1;
U.S. PATENT DOCUMENTS FIG. 3 is a bottom elevational view of the scrunchie of FIG.
1;
5,156,171 A 10/1992 Goodman FIG. 4 is a front elevational view of the scrunchie of FIG. 1;
D382,800 S * 8/1997 Dedering ..................... 024/199 and,
5,655,224 A * 8/1997 Sears A42C 5/00 FIG. 5 is a rear elevational view of the scrunchie of FIG. 1.
132/273
D389,954 S * 1/1998 McClean ....................... 028/41
The broken lines are for illustrative purposes only and form
D396,128 S * 7/1998 Fergusson ...................... 028/41 no part of the claimed design.
D397,511 s * 8/1998 Levine ........................... 028/41
D415,313 s * 10/1999 Maturaporn ................... 028/41 1 Claim, 2 Drawing Sheets
Case 2:19-cv-07347 Document 1-1 Filed 08/23/19 Page 3 of 12 Page ID #:8

U.S. Patent Jun.18,2019 Sheet 1 of 2 US D851,833 S

FIG. 1

FIG. 2 _FIG. 3
Case 2:19-cv-07347 Document 1-1 Filed 08/23/19 Page 4 of 12 Page ID #:9

U.S. Patent Jun.18,2019 Sheet 2 of 2 US D851,833 S

FI(;. 5
Case 2:19-cv-07347 Document 1-1 Filed 08/23/19 Page 5 of 12 Page ID #:10

EXHIBIT B
Case 2:19-cv-07347 Document 1-1 Filed 08/23/19 Page 6 of 12 Page ID #:11
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SEVEN STYLE 47 Pcs Premium Velvet Hair Scrunchies Hair Price: $9.99 ($0.21 / Count) FREE Shipping on orders over $25
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Bands Scrunchy Hair Ties Ropes Scrunchie for Women or Girls
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1.What You Get: Package includes 47 pieces different color scrunchies, enough for daily
wearing or sharing with friends and families. They're functional, versatile, stylish and
allow for easy, comfortable hairstyling.These colorful velvet scrunchies are suitable for
various occasions, such as parties, ceremonies or daily wearing, make your hairstyle
more attractive. We strive for the a better childhood memory for all the children, a more
gorgeous look for all the girls and a stream of happiness
2. Premium Velvet material : These hair bands are made of high quality velvet, good
texture and shiny, easy to use and comfort soft, each hair band with a durable rubber
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12 Pcs Premium Women
This item: SEVEN STYLE 47 Pcs Premium Velvet Hair Scrunchies Hair Bands Scrunchy Head Bands 8
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Case 2:19-cv-07347 Document 1-1 Filed 08/23/19 Page 7 of 12 Page ID #:12
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Product Description
Case 2:19-cv-07347 Document 1-1 Filed 08/23/19 Page 8 of 12 Page ID #:13

Scrunchies are the ultimate ’80s accessories, and they can be traced back to 1984 with the invention of the “bunch bangle” by a woman named Jane Reid. They shot
to popularity as part of the defining hairstyle of the decade .they were inescapable in the '80s and '90s .

How Did scrunchies are back in style ?

1.the Scrunchies are something so practical so useful. it's ties to teen gril culture. Fashionable

2.scrunchies offer very good support and you don’t feel the headaches. It also doesn’t put weird waves in my hair, like typical hair ties.

3.This Velvety silky smooth fabric slides fluidly on hair reducing hair breakage

4.It also might remind wearers of an period of their lives

Fashion,like the scrunchie, is a flat circle. so you might as well be wearing one right now . You are leading lady running all over town wearing a scrunchie. A
SCRUNCHIE!
Case 2:19-cv-07347 Document 1-1 Filed 08/23/19 Page 9 of 12 Page ID #:14

What You Get?


Package includes 47 pieces different color scrunchies, enough for daily
wearing or sharing with friends and families. These colorful velvet
scrunchies are suitable for various occasions, such as parties, ceremonies
or daily wearing, make your hairstyle more attractive. We strive for the a
better childhood memory for all the children, a more gorgeous look for
all the girls and a stream of happiness for everyone.

Hair scrunchy dimension High Quality Fabric Wide Applications


The SEVEN STYLE diameter is approx. 11 cm/ 4.3 These hair bands are made of high quality velvet, Our hair scrunchies with variety of colors can go
inches, the unexpanded inner diameter is approx. good texture and shiny, easy to use and comfort with any kind of clothing and occasions, birthday,
3.5 cm/ 1.4 inches, with good elasticity, fit most of soft, each hair band with a durable rubber band, party, or family photos.Every one in your package
hairs stretchable and elastic, can fix your hair well and was different and some solids in both light and
will not hurt your hair , easy and soft to wear. This dark colors And also it is a perfect gift for grils.
Fashionable hair accessories for your active life The fabric is soft and easy to clean.you can washed
them in the washer under gentle or perm press in
cold water.

Product details
Color: 47 Pcs Premium Velvet Hair Scrunchies
Item Weight: 15.8 ounces
Shipping Weight: 5.6 ounces (View shipping rates and policies)
ASIN: B07PKSCS9T
UPC: 601982648817
Average Customer Review: 334 customer reviews

Amazon Best Sellers Rank: #63 in Beauty & Personal Care (See Top 100 in Beauty & Personal Care)
Case 2:19-cv-07347 Document 1-1 Filed 08/23/19 Page 10 of 12 Page ID #:15

EXHIBIT C
Case 2:19-cv-07347 Document 1-1 Filed 08/23/19 Page 11 of 12 Page ID #:16

Other Hair
Scrunchies

Produ ct of
Patent: D851833

Patent: D851833
Case 2:19-cv-07347 Document 1-1 Filed 08/23/19 Page 12 of 12 Page ID #:17

After Patent D851833 is expanded, it retains its


petal-like form.

Other Hair Patent: D851833


Scrunchies