Hunter Douglas v. Focus Window Fashions - Complaint

Case 1:15-cv-06764 Document 1 Filed 08/26/15 Page 1 of 10
DAY PITNEY LLP

Anthony J. Marchetta (AM7718)
Richard H. Brown (RB5858)
7 Times Square
New York, NY 10036
Tel: (212) 297-5800
Attorneys for Plaintiff Hunter Douglas, Inc.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
HUNTER DOUGLAS, INC.,

Plaintiff,
v.
FOCUS WINDOW FASHIONS LLC
Defendant.
:
:
: Civil Action No.: ______
:
:
: JURY TRIAL DEMANDED
:
:
:
:
:
COMPLAINT
Plaintiff Hunter Douglas, Inc., by its attorneys, Day Pitney LLP, files this complaint
against Focus Window Fashions LLC, stating and alleging, upon information and belief, as
follows:
THE PARTIES
1.
Plaintiff Hunter Douglas, Inc. (Hunter Douglas) is a corporation organized and
existing under the laws of Delaware, having a principal place of business at 1 Blue Hill Plaza,
Pearl River, New York.
2.
Upon information and belief, Defendant Focus Window Fashions LLC (Focus
Window Fashions) is a corporation organized and existing under the laws of Delaware, with its
principal place of business at 913 Christina Mill Drive, Newark, Delaware.
91889498.5
JURISDICTION AND VENUE

3.
This Court has subject matter jurisdiction over this action under 28 U.S.C. 1331
and 1338(a) and (b), as the action arises under Acts of Congress related to patents and the
protection of trade dress, and pursuant to 28 U.S.C 1367, with respect to the claims under New
York law.
4.
This Court has personal jurisdiction over Defendant Focus Window Fashions by
virtue of, among other things, Defendants transacting, doing, and soliciting business in this
District and because the harm caused by the Defendants actions has occurred in this District,
which is the principal place of business of Plaintiff Hunter Douglas.
5.
Venue is proper in this District pursuant to 28 U.S.C. 1391(b) and 1400.

FACTUAL BACKGROUND
6.
Hunter Douglas is a preeminent manufacturer of a full array of custom window
covering products, including, among other things, roman shades, honeycomb or cellular
shades, pleated shades, vertical blinds, mini blinds, wood blinds, shutters, and window shadings,
and is known as an innovator in the custom window coverings field.
7.
Hunter Douglas distributes its window covering products throughout the United
States and around the world, and has numerous intellectual property assets.
8.
Hunter Douglas sells a line of window covering products under the Hunter
Douglas SILHOUETTE brand, which embody features that are the subject of U.S. Design
Patent No. D456,196 (the 196 Patent or the Asserted Patent), entitled Fabric Light Control
Window Covering. A copy of the 196 Patent is attached hereto as Exhibit A.
9.
Hunter Douglas is the lawful owner, by assignment, of all rights, title, and interest
in the 196 Patent.
-2-
10.
Beginning on a date long before any use, manufacture, sale, offer for sale, and/or
importation by the Defendant, Plaintiff adopted and began using in commerce products sold
under the Hunter Douglas SILHOUETTE brand that bear a distinctive trade dress.
11.
The distinctive trade dress is the s-shape of the vane between and connecting the
front and back sheers in a window covering shade (hereinafter referred to as the Trade Dress).
The Trade Dress is non-functional.
12.
The photographs below show an example of a window covering product sold under
the Hunter Douglas SILHOUETTE brand featuring the Trade Dress.
13.
The goods manufactured and sold by Plaintiff having the Trade Dress are well-
known, and the Trade Dress serves as an indicia that the goods originate from Plaintiff.
-3-
14.
The Trade Dress is valid and has been in continuous use in the District and
throughout the United States by Hunter Douglas since at least 1991. The Trade Dress is
inherently distinctive, has acquired secondary meaning, and/or has become distinctive in the
minds of purchasers of Plaintiffs goods as being associated exclusively with the Plaintiff.
15.
Upon information and belief, Defendant Focus Window Fashions sells and offers
to sell in this District and elsewhere in the United States a window covering product called
Sheerview Horizontal Window Shades (the Infringing Shades). Defendant makes available the
Infringing Shades for sale at least on its website via facsimile and email.
(See, e.g.,
http://www.focuswf.com; Product Reference & Pricing 2014, attached hereto as Exhibit B.)
16.
The Sheerview Horizontal Window Shades infringe the claim of the Asserted
Patent and the Trade Dress. The depictions below show an example of the Infringing Shades
offered for sale and sold by Focus Window Fashions on the left (as shown in its product
reference), and Figure 1 of the 196 Patent on the right:
17.
Hunter Douglas has no agreement of any kind with Focus Window Fashions that
would authorize the Defendant reproduction of the Asserted Patent or the Trade Dress, or the
-4-
sale or distribution of the Infringing Shades.

COUNT ONE
(Patent Infringement)
18.
Plaintiff repeats and realleges Paragraphs 1-17 as if fully set forth herein.
19.
By making, using, offering to sell, selling, and/or importing into the United States
Sheerview Horizontal Window Shades, Defendant has infringed and continue to infringe the
196 Patent, in violation of 35 U.S.C. 271.
20.
Upon information and belief, Defendants infringement of the 196 Patent is
willful, entitling Hunter Douglas to increased damages pursuant to 35 U.S.C. 284.

21.
In addition, this case is exceptional, entitling Hunter Douglas to attorneys fees
and costs pursuant to 35 U.S.C. 285.

22.
As a direct and proximate result of Defendants conduct, Hunter Douglas has
suffered, and will continue to suffer, irreparable harm, for which it has no adequate remedy at
law.
23.
Unless enjoined by the Court, Defendant will continue to infringe the 196 Patent.
24.
Unless this Court preliminarily and permanently enjoins Defendants infringing
product, Hunter Douglas will continue to be irreparably harmed by Defendants infringement of

the 196 Patent.
COUNT TWO
(Trade Dress Infringement)
25.
Plaintiff repeats and realleges paragraphs 1-24 of this Complaint as if fully set
forth herein.
-5-
26.
The photographs below show an example of the Infringing Shades sold by Focus
Window Fashions on the left, and an example of a window covering product sold under the
Hunter Douglas SILHOUETTE brand with the Trade Dress on the right:
SILHOUETTE product
Infringing Shade
27.
Hunter Douglas is the exclusive owner of the Trade Dress, and Plaintiff uses it in
connection with the sale of its window covering products, as demonstrated above.
28.
Upon information and belief, rather than applying creative or financial resources
to the development and design of its own window covering products, Defendant has copied the
Trade Dress in its Sheerview Horizontal Window Shades to convey an impression in the minds
of consumers that the Infringing Shades are the same as or closely related to those window
covering products and other products sold by Plaintiff. These actions are deliberate and willful,
and conducted with the intent of trading on the goodwill and reputation of Plaintiff and are likely
to cause confusion, mistake or deception in violation of 15 U.S.C. 1125(a).
-6-
29.
As a direct and proximate result of Defendants infringement of the Trade Dress,
Plaintiff has suffered, and will continue to suffer, irreparable harm, for which Plaintiff has no
adequate remedy at law.
30.
Unless this Court preliminarily and permanently enjoins Defendants infringing
product, Plaintiff will continue to be irreparably harmed by Defendants infringement of the

Trade Dress.
31.
In addition, Defendants infringement of the Trade Dress has deprived and, unless
enjoined, will continue to deprive Plaintiff of sales, profits, and royalties to which it would
otherwise have been entitled.
32.
Defendants violation of 15 U.S.C. 1125(a) entitles Plaintiff to recover
damages, including but not limited to Defendants profits from the sale of all infringing window
covering products, actual damages, treble damages, litigation costs, and attorneys fees.
COUNT THREE
(Deceptive Acts and Practices under New York law)
33.
Plaintiff repeats and realleges each and every allegation contained in paragraphs
1-32 above as if fully set forth herein.

34.
Defendants intentional misuse of the Trade Dress is likely to cause and is causing
confusion, mistake, and deception among the general purchasing public as to the origin of
Defendants infringing window covering products, and is likely to deceive the public into
believing that Defendants infringing window covering products originate from, are associated
with, or are otherwise authorized by Hunter Douglas.
35.
The acts of Defendant described above constitute deceptive acts and practices in
violation of New York General Business Law 349.
-7-
36.
As a direct and proximate result of the wrongful conduct of Defendant, Plaintiff
has suffered and continue to suffer injury.

37.
Defendants acts have caused and continue to cause Plaintiff irreparable harm, for
which Plaintiff has no adequate remedy at law.

COUNT FOUR
(Common Law Unfair Competition)
38.
Plaintiff repeats and realleges each and every allegation contained in paragraphs
1-37 above as if fully set forth herein.

39.
Defendants conduct as described above constitutes unfair competition in
violation of the common law of the State of New York by reason, inter alia, of Defendants
misuse and/or imitation of the Trade Dress and proprietary designs to compete with Plaintiff in
the marketing and sale of window covering products in commerce.
40.
has suffered and continues to suffer injury.

41.
has suffered and continues to suffer irreparable injury, for which Plaintiff has no adequate
remedy at law.
WHEREFORE, Plaintiff prays:
A.
For judgment preliminarily and permanently restraining and enjoining Defendant
(and its officers, directors, employees, agents, servants, successors, assigns, and any and all
persons in privity or in concert with them, directly or indirectly) from infringing the claim of the
196 Patent in any manner;
B.
For judgment that the claim of the 196 Patent has been infringed by Defendant;
-8-
C.
For damages adequate to compensate Plaintiff for Defendants patent infringement,
but in no event less than a reasonable royalty, together with interest thereon;
D.
For a threefold increase in damages as a result of willful infringement by
Defendant;
E.
For judgment that the Trade Dress has been infringed by Defendant;
F.
For judgment that Defendant has engaged in unfair competition and deceptive trade
practices;
G.
For judgment preliminarily and permanently restraining and enjoining Defendant
(and its officers, directors, employees, agents, servants, successors, assigns, and any and all
persons in privy or in concert with them, directly or indirectly) from any use of the Trade Dress
or any colorable imitation thereof, and further enjoining Defendant from any other acts which
will injure or are likely to injure the business reputation of Plaintiff;
H.
For judgment awarding, under 15 U.S.C. 1117(a), for all profits realized by
Defendant and all damages sustained by Plaintiff by reasons of Defendants trade dress
infringement, false designation of origin, passing off, and unfair and deceptive trade practices,
and further awarding Plaintiffs costs incurred in prosecution of this action, and increasing the
award three (3) times due to the willful and deliberate nature of the infringement;
I.
For judgment, pursuant to 15 U.S.C. 1118, ordering destruction of all articles
infringing the Trade Dress;

J.
For an order awarding punitive damages in an amount to be determined by the trier
of fact for Defendants willful and deliberate violations of Plaintiffs rights under the common
law;
-9-
K.
For an assessment and award of interest, costs, and attorneys fees against
Defendant; and
L.
For such other and further relief as the Court deems just and proper.
JURY DEMAND
Plaintiff demands a trial by jury of all issues so triable.

DAY PITNEY LLP
7 Times Square
New York, NY 10036
(212) 297-5800
By: s/ Richard H. Brown
Anthony J. Marchetta (AM7718)
Richard H. Brown (RB5858)
amarchetta@daypitney.com
rbrown@daypitney.com
Attorneys for Plaintiff Hunter Douglas, Inc.
Date: August 26, 2015
-10-
Case 1:15-cv-06764 Document 1-1 Filed 08/26/15 Page 1 of 22
Exhibit A
Exhibit B
SHEERVIEW
Horizontal Window Shades
Sheerview
Horizontal Window Shades
Product Reference & Price Guide
June 2014
PRODUCT REFERENCE & PRICING GUIDE 2014
RGA Policy
In order to track your repairs and returns and make sure of service and quality, Sheerview Horizontal Window
Shades has developed a procedure by using a Returned Goods Authorization (RGA) number. All merchandise
returned to Sheerview must have an RGA number issued by us. All RGA orders can be sorted into two larger
categories; (1) repairs or (2) credits. The following are instructions for you to receive the RGA numbers according to
each of the different categories.
1) FOR REPAIRS:
All repair orders can be divided by two sections according to Sheerviews Warranty Policy. One is (A) under
warranty and the other is (B) not under warranty.
(A) UNDER WARRANTY

According to Sheerviews Warranty Policy, if the problem is due to defects in Sheerviews workmanship or materials
and it is still under our limited lifetime warranty, please contact our customer service department to get an RGA
number for your repairs. In this case, Sheerview will issue a call tag to pick up the shades, repair them, and ship
them back to you without any charge. When you call our customer service, please tell us the original order number
(which is on every headrail), how many units, what sizes, the nature of the problem, and what needs to be changed or
repaired.
(B) NOT UNDER WARRANTY

If the problem is not under our warranty or you want to change or add something after the blinds have been
made, please call customer service to obtain a RGA number. In this case, Sheerview Horizontal Window Shades
will charge you according to the different repair services and you are responsible for shipping cost back and forth.
When you contact our customer service, please tell us the original order number (which is on every headrail), how
many units, what sizes, the nature of the problem, and what needs to be changed or repaired. Our customer service
representative will tell you the service fee and the RGA number (6 digits). Please attach this RGA number to the
shades which you want to send back for repair.
2) FOR CREDIT:
In some cases, blinds cannot be repaired. For example, the blind was made too short in the length or width in our
factory. Please call customer service to get an approval for a remake order and get an RGA number for the credit
of the original shades. For approving a remake order, please tell us the original order number (which is on every
headrail), how many units, what sizes, the nature of the problem, what needs to be remade, and why.
According to Sheerviews RGA Policy, Sheerview will bill you for the remake order and issue credit back to you after
we inspect the original shades. Remember that credit is upon inspection and no credit will be issued until we inspect
the problem blinds.
Sheerview Horizontal Window Shades will issue a call tag or arrange drivers to pick up any return order which has
been approved. It is the customers responsibility to cooperate with Sheerview to send the problem blinds back
to us. If you do not send the original blinds back, Sheerview will not issue any credit for the original shades. The
merchandise must be returned to Sheerview within 30 days of the remake shipment or you will be required to pay
for both the remake and original order.
Table of Contents
Ordering Instructions................................................... 4
Measuring........................................................................ 5
Operating Information................................................. 7
Pricing Chart.................................................................. 8
Warranty....................................................................... 10
Order Form................................................................. 11
Ordering Instructions
ALL ORDERS MUST BE FAXED
To avoid any mistakes, please fax the all orders to us. Order forms are available on page 11.
CANCELLATIONS AND CHANGES

All blinds are custom made and cannot be canceled. There will be a service charge for changes or cancellations made
after the goods are cut.
HOW TO ORDER
The total retail price for Sheerview Blinds is determined by the following information:
-Color selection
-The size of the blinds ordered
-Any special notes to be aware of
COLOR SELECTION
Each color style uses a separate color number located in the Color Coordination Chart, located on pages 8 & 9.
SIZE OF BLIND
On the appropriate price chart (page 8 & 9), the blinds base price is determined by size.
-Round up the blind measured width and height to the nearest width and height dimensions on the chart.
-Locate the blinds base price: Follow down the column under the shades width until it crosses the line of prices for
the shades height, where the two intersect is the shades correct base price.
RETURNS
All blinds returned to the factory must be accomplished by a Return Goods Authorization as well as explicit
written instructions to what should be done, what the mistake is, our original work order, and invoice number. We
are not responsible for returns missing the Return Goods Authorization.
IMPORTANT ORDERING INFORMATION

In addition to the correct price chart, all orders must include the following information:
-Color name and color number
-All possible special notes
-Position of controls, left or right side
-Accurate measurements for the shades width and height (To the nearest 1/8)
-Type of mounting required: Either Inside Mount (IB) or Outside Mount (OB)
Prices Subject to Change
Measuring
IMPORTANT MEASURING GUIDELINES FOR
SHEERVIEW HORIZONTAL WINDOW SHADES
-Precise width and height measurements are critical. Fabric width cannot be altered after the shading is fabricated.
-Please use a metal tape measure to ensure accuracy from home to factory.
-The headrail must be installed perfectly level and evenly to ensure smooth operation. On an inside mount, it is
UHFRPPHQGHGWKDW\RXFKHFNWRVHHWKDWWKHPRXQWLQJVXUIDFHLVOHYHODQGFRQVLVWHQW,I\RXUVRIWQHHGVWREH
leveled, this should be done before measuring.
NOTE ON SPECIFICATIONS
'XHWRYDULDWLRQVLQIDEULFZHDYHDQGHQYLURQPHQWDOFRQGLWLRQVWKHQLVKHGGLPHQVLRQVIRUERWKZLGWKDQGKHLJKW
may vary, plus or minus 1/8, from your order measurements.
*Headrail measurements include end caps
INSIDE MOUNT (IB)
OUTSIDE MOUNT (OB)
Measure across the width of your window opening

in three different places: top, middle, and bottom.
Measurements should be taken within the window jamb.
Provide the smallest of the three measurements to
your fabricator. Be exact.Your fabricator will make the
QHFHVVDU\GHGXFWLRQVWRWWKHZLQGRZRSHQLQJ
Measure the exact width and height of the area to

be covered. For the width, allow at least 1 1/2 of an
overlap on each side. An overlap of 3 on each side is
recommended.
Be sure to take into consideration any obstructions
such as window trim, molding, locks, and window cranks.
Measure the height of the window opening from

WKHXQGHUVLGHRIWKHVRIWWRWKHVXUIDFHRIWKH
window sill in two places: use the smallest of the two
measurements.
*Headrail will measure ordered width minus: 3/16

Fabric will measure ordered width minus: 1 3/16
*Headrail will measure ordered width plus: 3/16

Fabric will measure ordered width minus: 13/16
Measuring
FINISHED DIMENSIONS FOR
SHEERVIEW HORIZONTAL WINDOW SHADES
Once ordered and manufactured, the width of the fabric cannot be altered.Your fabricator makes deductions to the
width of Window Shadings depending on the type of mounting indicated. For all mounting types, fabric will measure
exactly the length ordered when the vanes are in the open or view-through position. When the vanes are rotated
to the closed position, the shading will become 3/8 longer.
LENGTH CONSIDERATIONS
When closed on an inside mount, a slight puckering may occur on the lower most sheer section because of contact
with the sill. To compensate, slightly raise the shading until the rail begins to lift off the window sill.
If preferred, the shading can be ordered 3/8 less than the measured height of the window opening. In this case, the
bottom rail will be positioned 3/8 above the sill when the vanes are in the open position. Rotating the vanes closed
will cause the bottom rail to touch the window sill and thus closing any unwanted space.
HEADRAIL INFORMATION
All Sheerview Horizontal Window Shades come with a standard headrail made of *color coordinated aluminum.
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Inside Mount
0LQLPXPGHSWKIRUXVKLQVLGHPRXQWLQFOXGLQJ
installation brackets: 3 1/4
Outside Mount
Minimum surface area required for mounting: 3/4
CORD INFORMATION
Braided polyester cord styles will measure the height
LQGLFDWHGEHORZXQOHVVRWKHUZLVHVSHFLHG
Shade Height
Standard Loop
12 - 36
36 - 48
48 - 72
72 - 96
96 - 120
120 - 132
2 (24)
3 (36)
4 (48)
5 (60)
6 (72)
7 (84)
Maximum Cord Heights: Polyester Cord - 15 ft.

Cord can be ordered in custom lengths in one foot increments only.
Operating Information
SHADING OPERATION
Sheerview Horizontal Window Shades feature the Continuous Cord System. This system provides the ability to
manipulate the shading into various viewing positions. From the closed and retracted position (fabric inside the
headrail), lower the fabric by pulling down on the rear of the loop cord until you reach the desired shading position.
Once lowered completely to the window sill, continuing to pull the cord in the same direction will open the
horizontal fabric vanes, offering varied views to the outside. Continuing to pull the cord in the same direction will
also lift the shading in the view-through mode. To retract the shading, simply pull down on the front of the cord until
the shading reaches the desired viewing mode or fabric position.
HARDWARE
Hold Down Brackets
+ROGGRZQEUDFNHWVDUHPDGHRIFOHDUSODVWLFWKDWWLQWRKROHVRQWKHHQGFDSRIWKHERWWRPUDLO+ROGGRZQVDUH
generally used to secure the bottom of the window shading in order to prevent swaying.
Extension Brackets
Extension or L brackets are available which can be used to project the back of the shading 4 1/4 from the
mounting surface.
Spacer Blocks
Spacer blocks project the shading 3/8 from the mounting surface. Use spacer blocks to obtain clearance when
obstructions, such as window cranks or door handles, obstruct the movement of shading.
Cord Tensioner
The cord tensioner keeps the cord taut to prevent children and pets from entangling and subsequently injuring
themselves. Cord tensioners must be used for this product to comply with the Consumer Product Safety
Commission (CPSC) Child Safety Guidelines.
SKEW ADJUSTING BOTTOM RAIL

Sheerview Horizontal Window shades are leveled and weighed in the factory. When installed level, the fabric will not
skew when raised. If the headrail is not installed level, skewing can occur that can damage the edge of the fabric. Be
sure to follow the instructions below carefully to ensure correct and balanced operation.
Simply turn over the bottom rail and pull up both stoppers
on the left and right side of the counterweight slide.
Slide the bar to where the counterweight is needed to

combat the shifting of the shades. Press back down on both
stoppers in order to once again lock the counterweight.
Pricing Chart
2 SHEER FABRICS
HEIGHT
UP TO
36
42
48
54
60
66
72
78
84
90
96
102
108
114
120
24
379
397
420
434
452
470
490
501
523
544
562
638
670
710
758
Minimum Width: 12
Minimum Height: 12
32
422
444
466
489
515
536
560
578
602
623
650
734
770
816
870
36
466
490
519
545
574
602
629
652
677
706
736
831
872
923
990
42
509
541
570
603
634
666
698
726
762
795
828
934
982
1039
1111
WIDTH UP TO
48
54
60
553
598
640
586
638
686
623
676
733
661
718
778
693
758
824
734
802
876
772
848
925
803
884
963
845
928
1018
883
977
1063
925
1018 1114
1030 1122 1248
1080 1179 1311
1150 1253 1390
1223 1338 1484
66
686
734
786
840
889
944
998
1045
1100
1154
1206
1370
1438
1526
1629
72
794
844
899
952
998
1053
1109
1159
1218
1275
1334
1462
1535
1629
1741
84
885
942
1001
1062
1128
1197
1260
1322
1393
1459
1526
1656
1740
1845
1974
96
974
1039
1109
1183
1258
1338
1413
1481
1560
1638
1714
1845
1941
2058
2199
LOOP CORD
LENGTH
36
36
48
48
48
48
60
60
60
60
72
72
72
84
84
Maximum Width: 120

Maximum Height: 120
2 COLOR COORDINATION CHART

Color Number
S55145
S55895
S55370
S55820
S55897
Color
Autumn
Bark
Cedar
Champagne
Charcoal
Color Number
S55378
S55125
S55113
S55414
S55110
Color
Cranberry
Cream
Pearl
Sand
Snow
Pricing Chart
3 SHEER FABRICS
HEIGHT
UP TO
36
42
48
54
60
66
72
78
84
90
96
102
108
114
120
24
427
446
473
488
509
528
551
563
589
612
632
717
753
798
853
32
474
500
525
550
580
603
630
651
678
701
731
826
867
918
978
Minimum Width: 12
Minimum Height: 12
36
524
551
584
613
645
678
707
734
761
794
828
935
981
1039
1113
42
572
608
641
679
713
750
785
816
857
895
932
1051
1104
1169
1250
WIDTH UP TO
48
54
60
622
673
720
660
717
772
701
761
824
743
807
875
779
852
927
825
903
986
869
954
1040
904
995
1084
950
1044 1145
994
1099 1196
1040 1146 1253
1159 1262 1404
1215 1327 1475
1293 1409 1564
1376 1505 1670
66
772
825
884
945
1000
1062
1122
1175
1238
1299
1357
1541
1617
1716
1832
72
893
950
1012
1071
1122
1184
1247
1304
1370
1435
1501
1644
1727
1832
1958
84
995
1060
1126
1194
1269
1346
1418
1488
1567
1642
1717
1863
1958
2075
2220
96
1095
1169
1247
1331
1416
1505
1589
1666
1755
1842
1929
2075
2183
2315
2474
LOOP CORD
LENGTH
36
36
48
48
48
48
60
60
60
60
72
72
72
84
84
Maximum Width: 120

Maximum Height: 120
3 COLOR COORDINATION CHART

Color Number
S75203
S75897
S75378
Blush
Charcoal
Cranberry
S75113
S75110
S75125
Pearl
Snow
Vanilla
Warranty
The Sheerview Collection will be free from defects in materials and workmanship for as long as the original
purchaser owns the product, provided that the product was installed properly. The limited lifetime warranty is
extended to the original purchaser only, for the original window for which it was intended. The warranty does not
include any condition or damage resulting from accidents, alterations, misuse, installation failures, or other instances
outside of company control. This warranty also does not apply to conditions resulting from normal wear and tear.
To obtain service, contact the dealer from whom you purchased the product. Sheerview will repair or replace
defective parts or components at no charge. This warranty is exclusive and in lieu of all other obligations, liabilities
or warranties. In no event will any manufacturer be liable for incidental or consequential damages, or for any other
damage, loss, or expense (cost or free) associated with such damage. In some states, exclusion for incidental or
consequential damages are not allowable. These warranties do not cover any transport, removal, or re-installation
FKDUJHVZKLFKPD\RFFXUDVDUHVXOWRIGHIHFWVLQPDWHULDOVRUZRUNPDQVKLS7KLVZDUUDQW\JLYHV\RXVSHFLFOHJDO
rights, and may also give other rights, which vary from state to state.
WARRANTY INFORMATION REGARDING

POLYESTER CORD OPERATION
The braided polyester cord does not have a reverse roll stop. If a shade with a braided polyester cord is above 24 in
the reverse roll mode, there is a possibility of the fabric rubbing on the headrail.Your fabricator reserves the right
NOT to warrant wear and tear of fabrics if damaged by roll-up in excess of 24.
WARRANTY INFORMATION REGARDING SHEER FABRIC

Knitted fabric may experience minor weave variations due to heat, humidity, and other room conditions. These
variations can result in light bowing, puckering, and dimpling of the material. This is considered normal and does
not constitute failure in either workmanship or materials. The possible variations are minor and have been shown
through case study not to detract from the beauty of the product.
CLEANING AND CARE

The soft delicate feel of the fabric belies the durability of the material. It is made from a sturdy knitted polyester
fabric which can be feather dusted or vacuumed at a low setting. Spots or stains can be lightly rubbed clean with
a damp sponge and a mild soap. To avoid discoloration of the material, we recommend against the use of chemical
cleaners. The sheer fabric may also be ultrasonically cleaned.
10
Order Form
Please make multiple copies.
BILL TO:
SHIP TO:
COMPANY NAME:_____________________________
COMPANY NAME:_____________________________
ADDRESS:___________________________________
ADDRESS:___________________________________
CITY:____________________STATE: ___ ZIP:_______
CITY:____________________STATE: ___ ZIP:_______
TELEPHONE:_______________FAX:_______________
ORDER DATE:________________________________
P.O. NUMBER:_________________________________
ORDER BY:__________________________________
SIDE MARK:__________________________________
IB
OB WIDTH x HEIGHT
1.
2 VANE
3 VANE
COLOR
NUMBER
COLOR
NAME
LEFT
PULL
RIGHT
PULL
SPECIAL NOTE:
2.
SPECIAL NOTE:
3.
SPECIAL NOTE:
4.
SPECIAL NOTE:
5.
SPECIAL NOTE:
6.
SPECIAL NOTE:
7.
SPECIAL NOTE:
8.
SPECIAL NOTE:
9.
SPECIAL NOTE:
10.
SPECIAL NOTE:
IB: Factory will deduct 3/16 off the width. OB: Factory will add 3/16 to the width.
11
12

Hunter Douglas v. Focus Window Fashions - Complaint

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Hunter Douglas v. Focus Window Fashions - Complaint

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Case 1:15-cv-06764 Document 1 Filed 08/26/15 Page 1 of 10

DAY PITNEY LLP

HUNTER DOUGLAS, INC.,

Plaintiff Hunter Douglas, Inc. (Hunter Douglas) is a corporation organized and

Case 1:15-cv-06764 Document 1 Filed 08/26/15 Page 2 of 10

JURISDICTION AND VENUE

Venue is proper in this District pursuant to 28 U.S.C. 1391(b) and 1400.

Hunter Douglas is a preeminent manufacturer of a full array of custom window

in the 196 Patent.

Case 1:15-cv-06764 Document 1 Filed 08/26/15 Page 3 of 10

the Hunter Douglas SILHOUETTE brand featuring the Trade Dress.

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Case 1:15-cv-06764 Document 1 Filed 08/26/15 Page 5 of 10

sale or distribution of the Infringing Shades.

Upon information and belief, Defendants infringement of the 196 Patent is

willful, entitling Hunter Douglas to increased damages pursuant to 35 U.S.C. 284.

In addition, this case is exceptional, entitling Hunter Douglas to attorneys fees

and costs pursuant to 35 U.S.C. 285.

As a direct and proximate result of Defendants conduct, Hunter Douglas has

Unless this Court preliminarily and permanently enjoins Defendants infringing

product, Hunter Douglas will continue to be irreparably harmed by Defendants infringement of

Case 1:15-cv-06764 Document 1 Filed 08/26/15 Page 6 of 10

Case 1:15-cv-06764 Document 1 Filed 08/26/15 Page 7 of 10

As a direct and proximate result of Defendants infringement of the Trade Dress,

Unless this Court preliminarily and permanently enjoins Defendants infringing

product, Plaintiff will continue to be irreparably harmed by Defendants infringement of the

Defendants violation of 15 U.S.C. 1125(a) entitles Plaintiff to recover

1-32 above as if fully set forth herein.

violation of New York General Business Law 349.

Case 1:15-cv-06764 Document 1 Filed 08/26/15 Page 8 of 10

As a direct and proximate result of the wrongful conduct of Defendant, Plaintiff

has suffered and continue to suffer injury.

which Plaintiff has no adequate remedy at law.

1-37 above as if fully set forth herein.

Defendants conduct as described above constitutes unfair competition in

As a direct and proximate result of the wrongful conduct of Defendant, Plaintiff

has suffered and continues to suffer injury.

As a direct and proximate result of the wrongful conduct of Defendant, Plaintiff

For judgment preliminarily and permanently restraining and enjoining Defendant

Case 1:15-cv-06764 Document 1 Filed 08/26/15 Page 9 of 10

For damages adequate to compensate Plaintiff for Defendants patent infringement,

For a threefold increase in damages as a result of willful infringement by

For judgment preliminarily and permanently restraining and enjoining Defendant

For judgment, pursuant to 15 U.S.C. 1118, ordering destruction of all articles

infringing the Trade Dress;

For an order awarding punitive damages in an amount to be determined by the trier

Case 1:15-cv-06764 Document 1 Filed 08/26/15 Page 10 of 10

Plaintiff demands a trial by jury of all issues so triable.

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CITY:__________________STATE: _ ZIP:_______

CITY:__________________STATE: _ ZIP:_______