Opit v. Jinanmokeyaoshangmaoyouxiangongsi - Complaint
Opit v. Jinanmokeyaoshangmaoyouxiangongsi - Complaint
Opit v. Jinanmokeyaoshangmaoyouxiangongsi - Complaint
INTELLECTUAL STRATEGIES
Danielle N. Byford, SBA #032131
16165 N. 83rd Ave, Suite 200
Peoria, AZ 85382
Trevor Bradford, (pro hac vice to be filed) Utah Bar No. 10942
1371 North 1075 W #6
Farmington, UT 84025
Phone: 801-756-5560
Email: danielle@intellectualstrategies.com
trevor@intellectualstrategies.com
DISTRICT OF ARIZONA
Plaintiffs hereby submit this complaint against Defendant(s) and alleges the following:
1. This is an action for infringement of Simon Opit’s U.S. Design Patent No.
D1,018,049 S (“Patented Pouch”) under the Patent Act, 35 U.S.C. § 271, based on
manufacture, use, importation, offer for sale, and sale of Patented Foldable Tobacco Pipe
PARTIES
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a Chinese limited company and has its principal place of business in China. Plaintiff
8. This court has jurisdiction over the subject matter of this action under 28
presence in Arizona, it has derived substantial revenue from the sales of its infringing
tobacco pouch in Arizona, and it has systematic and continuous business contacts with
Arizona.
10. On information and belief, this Court has general and specific personal
jurisdiction over Defendants because: (1) Defendants have (a) conducted substantial
business in the State of Arizona, (b) derived financial benefits from residents of the State of
Arizona, including by marketing and selling infringing products to residents of the State of
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Arizona and otherwise placing infringing products into the stream of commerce, with the
knowledge or understanding that such products are sold in the State of Arizona, including
within this district, (c) purposely availed themselves of the privilege of conducting business
within the State of Arizona, and (d) sought protection and benefits from the laws of the
State of Arizona; and (2) the causes of action arise directly from the Defendants’ business
11. At all time relevant, Defendants acted under color of state law, and includes
12. This action also includes claims for trademark infringement under Section
13. The nonmonetary remedy Plaintiffs seek will take place in Arizona, thus
STATEMENT OF FACTS
14. Simon Opit is the inventor of the Foldable Tobacco Pipe Pouch, United
States Design Patent Number US D1,018,049 S (“’049 Patent”), which patent was duly and
legally issued on March 19, 2024. Attached as Exhibit A is a true and correct copy of the
‘049 Patent.
15. The ‘049 Patent claims the ornamental design as shown and described in the
patent, including the foldable design and inside stitching and zipper teeth.
16. Opit is the owner of the entire right, title, and interest in the ‘049 Patent.
17. Plaintiff Company holds an exclusive license under the ‘049 Patent, including
the right to make, have made, use, develop, have developed, offer for sale, sell, and import
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products covered by the ‘049 Patent, and the right to assert, defend, maintain, and enforce
18. Plaintiffs bring this lawsuit to protect the substantial goodwill that it has
developed over the past three years in its patented and trade dress protected pipe pouch.
Due to this lengthy use and Plaintiffs’ substantial investment in advertising and promotion,
19. The goodwill and reputation for quality that Plaintiff has worked so hard to
20. Defendants, on the other hand, have unfairly attempted to gain an advantage
in the tobacco pouch market by infringe Plaintiffs’ rights and attempting to trade off
Plaintiffs’ ‘049 Patent and its reputation for high quality pouches.
21. Rather than develop their own product and branding identity, Defendants
have blatantly copied Plaintiff’s ‘049 Patent, thereby infringing the ‘049 Patent; and have
copied the case and other stuff, thereby infringing Plaintiff’s trade dress rights in the ‘049
Patent.
22. Defendant has and continues to make, use, and offer for sale the Foldable
Tobacco Pouch in the United States and import the Foldable Tobacco Pouch into the
United States. As shown below, the Foldable Tobacco Pouch includes key features from and
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23. An ordinary observer or purchaser would find the overall design of ‘049
Patent and Defendant’s Foldable Tobacco Pouch substantially similar and mistakenly
purchase the Foldable Tobacco Pouch. For example, the tri-fold design with the wrap
around, the inside zipper compartment, the stitching, and use of the center pockets are
24. Defendants have known of the existence of the ’049 Patent and accompanying
products.
of Plaintiffs copyright.
were submitted.
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28. To stop Defendants’ unlawful conduct and obtain compensation for the
violations that have already occurred, Plaintiffs bring this Complaint against Defendants for
patent infringement in violation of 35 U.S.C. § 271, et seq., and federal trade dress
Plaintiff’s ‘049 Patent. This is causing actual consumer confusion. For example, on
November 27, 2024, a consumer reached out to Plaintiff and mentioned they purchased
30. Unless Defendant is enjoined from using its infringing Foldable Tobacco
Pouch, such use will continue to cause consumer confusion and will cause irreparable harm
to Plaintiffs.
31. Plaintiffs have attempted to resolve this issue with Defendants without
resorting to the court, but Defendants have not responded to any of Plaintiffs
through the Amazon platform, emailed a cease and desist letter to the Defendants’ registered
email address, and also text messaged the Defendants’ registered contact number.
unlawful conduct.
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34. This action seeks injunctive relief, damages, and other appropriate relief
arising from Defendant’s willful acts of trade dress infringement, patent infringement and
unfair competition.
35. Plaintiffs repeat and reallege the above paragraphs, as if fully set forth herein.
36. Defendant has been and is infringing the ‘049 Patent by making, using, selling,
or offering for sale in the United States, or importing into the United States, including within
37. Defendant has been and is inducing infringement of the ‘049 Patent by
actively and knowingly inducing others to make, use, sell, offer for sale, or import the
Foldable Tobacco Pouch that embodies or uses the invention claimed in the ‘049 Patent in
and willful.
39. Defendant's acts of infringement of the ‘049 Patent have caused and will
continue to cause Plaintiffs damages for which Plaintiffs are entitled to compensation
40. Defendant's acts of infringement of the ‘049 Patent have caused and will
continue to cause Plaintiffs immediate and irreparable harm unless such infringing activities
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are enjoined by this Court pursuant to 35 U.S.C. § 283. Plaintiffs have no adequate remedy at
law.
41. This case is exceptional and, therefore, Plaintiffs are entitled to an award of
Unfair Competition
42. Plaintiffs repeat and reallege the above paragraphs, as if fully set forth herein.
43. Defendants are engaged in wrongful and deceptive practices that directly
interfere with Plaintiffs’ business operations and damage its commercial reputation and
goodwill.
44. Upon information and belief, Defendants’ actions have caused consumer
45. Defendants’ acts include misappropriating the ‘049 Patent to gain an unfair
competitive advantage; marketing, selling, and distributing its Foldable Tobacco Pouch that
infringes upon the ‘049 Patent; and diverting Plaintiffs’ customers and business
46. Defendants’ actions are unlawful and were undertaken willfully, maliciously,
and with the intent to harm Plaintiff’s business and unjustly enrich Defendants.
47. Upon information and belief, Defendant’s actions in copying the ‘049 Patent
have caused the consumer public to be confused or is likely to cause the public to be
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48. Plaintiffs have no adequate remedy at law for the damages caused thereby and
49. Defendants’ acts of unfair competition are contrary to the public interest and
constitute a violation of Arizona common law and applicable statutes protecting businesses
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(if applicable) for the following dollars, interest, costs and expenses incurred herein, or non-
monetary remedy, including reasonable attorneys’ fees, and for such other and further relief
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
U.S.C. § 271(a);
Plaintiffs for Defendants’ infringement of ‘049 Patent, including for any infringing acts not
presented at trial and pre-judgment and post-judgment interest and costs, pursuant to 35
U.S.C. § 284;
counterfeit and infringing product, and awarding Plaintiffs all of Defendants’ total profits
E. Ordering that the damages award be increased up to three times the actual
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F. Declaring this case exceptional and awarding Plaintiff its reasonable attorneys'
G. Grant other such relief as the Court deems just and proper.
Pursuant to 38(b) of the Fed. R. of Civ. Pro., Plaintiff hereby demands trial by jury
INTELLECTUAL STRATEGIES
/s/Danielle N. Byford
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Verification
2. I have personal knowledge of myself and of the actions that are set out in the
3. I have personal knowledge of Defendant’s activities including those set out in the
4. I verify under penalty of perjury under the laws of the United States of America that
the factual states in the Verified Complaint are true and correct. 28 U.S.C. § 1746.
_________________________
Simon Opit
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