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Case: 1:16-cv-07802 Document #: 1 Filed: 08/02/16 Page 1 of 6 PageID #:1

UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF ILLINOIS
Case Number:
PARIS PRESENTS INCORPORATED,
Plaintiff,
vs.
LIFESTYLE PRODUCTS, LLC,
Defendant.
________________________________________________________________________
COMPLAINT AND DEMAND FOR JURY TRIAL
________________________________________________________________________
Paris Presents Incorporated, by and through its undersigned attorneys, for its
Complaint against Lifestyle Products, LLC ("Lifestyle"), states as follows:
PARTIES
1.

Paris Presents Incorporated (Paris Presents) is an Illinois corporation

with its principal place of business located at 3800 Swanson Court, Gurnee, IL 60031.
2.

Lifestyle Products, LLC (Lifestyle) is a Utah limited liability

corporation with its principal place of business at 619 Mount Logan Drive, Logan, UT
84321.
JURISDICTION AND VENUE
3.

This is a civil action for patent infringement arising under the patent laws

of the United States, 35 U.S.C. 101, et seq.


4.

This Court has jurisdiction over the subject matter of this action pursuant

to 28 U.S.C. 1331 and 1338(a).

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5.

Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 and

1400.
BACKGROUND OF DISPUTE
Paris Presents is an Innovator in the Beauty and Bath Industries
6.

Paris Presents has long been recognized as an innovator of beauty and bath

products and accessories, providing quality, inventive products in the beauty and bath
industries.
7.

The Real Techniques line of products launched in 2011 by Paris Presents

has become well known in the online and retail sections of the beauty industry with
quality products coupled with advice from well-known makeup artists.
8.

The Bold Metals collection is a premium line of products included in the

Real Techniques line of products and includes luxury brushes that are unique in the
industry being comprised of tapered handles that are weighted for optimal control and
comfort.
The Patent in Suit
9.

Paris Presents has been granted eight (8) U.S. Patents on inventions

ranging from bath brushes with a removable brush to animal themed bath accessories to a
portable organizer for beauty care products.
10.

One of Plaintiffs inventions covered by U.S. Patent No. D758,742 (the

742 Patent), entitled Brush Handle, was duly and legally issued on June 14, 2016. A
true and correct copy of the 742 Patent is attached hereto as Exhibit A.
11.

The application that became the 742 Patent was filed with the USPTO on

October 10, 2014 and assigned Application No. 29/504,879.

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12.

By assignment, Paris Presents owns all right, title and interest to the 742

13.

Upon information and belief, Lifestyle became aware of the 742 Patent

Patent.

upon its issuance.


Lifestyles Infringing Products
14.

Lifestyle is aware of Paris Presents and competes against Paris Presents in

the United States.


15.

Upon information and belief, Lifestyle has imported into the United States

one or more makeup brushes with handles, such as the handles shown in Exhibit B,
which are sold under Lifestyles TRUBEAUTY product line.
16.

Upon information and belief, Lifestyle is currently importing the

TRUBEAUTY products such as the ones identified in Exhibit B.


17.

Lifestyle has been offering to sell and selling, in the United States, one or

more makeup brushes as part of its TRUBEAUTY product line.


18.

Upon information and belief, Lifestyle has offered to sell and has sold at

least one each of its TRUBEAUTY makeup brush handles, in the State of Illinois.
19.

The TRUBEAUTY makeup brushes comprise a variety of handles

covered by the 742 Patent. True and correct images of the infringing makeup brush
handles, offered for sale, and/or sold by Lifestyle are included in Exhibit B.
20.

Lifestyles copying and importation of Plaintiffs products undercut

Plaintiffs prices and steals its customers.

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21.

Paris Presents has been damaged by Lifestyles sale of infringing makeup

brushes, by virtue of lost sales and by incurring the expense of litigation to enforce its
patent rights.
CLAIM FOR RELIEF
(Infringement of the 742 Patent)
22.

The allegations of the preceding Paragraphs 1-21 are repeated, realleged,

and incorporated herein by reference as if fully set forth herein.


23.

Defendants activities in making, using, selling and/or offering to sell in

the United States, and/or importing into the United States, the product depicted below
and the products depicted in Exhibit B constitute direct infringement of the 742 Patent,
in violation of 35 U.S.C. 271(a).

Fig. 1 of the 742 Patent

Lifestyle TRUBEAUTY Pro Metalic


Tapered Foundation Brush

24.

Defendants actions as alleged herein are without right, license, or

permission under the 742 Patent from Paris Presents.

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25.

Paris Presents is informed and believes that Defendant will continue to

infringe the 742 Patent unless and until it is enjoined by this Court
26.

Defendants actions in infringing the 742 Patent have been, and are,

willful, deliberate and/or in conscious disregard of Plaintiffs rights, making this an


exceptional case within the meaning of 35 U.S.C. 285 and entitling Paris Presents to
enhanced damages and an award of its attorneys' fees.
27.

Defendants infringement of the 742 Patent has caused damage to Paris

Presents in an amount to be ascertained at trial.


28.

Defendants infringement of the 742 Patent has caused and will continue

to cause irreparable injury to Paris Presents, to which there exists no adequate remedy at
law. Lifestyles infringement of the 742 Patent will continue unless enjoined by this
Court.
PRAYER FOR RELIEF
WHEREFORE, Paris Presents requests that judgment be entered in its favor and
against Defendant as follows:
A.

Declaring that Defendant has infringed U.S. Patent No. D758,742, and

that Defendants infringement of the 742 Patent was and continues to be willful;
B.

Issuing temporary, preliminary, and permanent injunctions enjoining

Defendant, its officers, agents, subsidiaries, and employees, and those in privity with or
that act in concert with any of the foregoing, from further activities that constitute
infringement of U.S. Patent No. D758,742, pursuant to 35 U.S.C. 283;
C.

Awarding Paris Presents damages arising out of Defendants infringement

of U.S. Patent No. D758,742 in an amount not less than Defendants profits pursuant to

Case: 1:16-cv-07802 Document #: 1 Filed: 08/02/16 Page 6 of 6 PageID #:6

35 U.S.C. 289 and/or a reasonable royalty and trebling thereof pursuant to 35 U.S.C.
284, together with costs and pre- and post-judgment interest;
D.

Finding that this is an exceptional case within the meaning of 35 U.S.C.

285 and awarding reasonable attorneys' fees to Paris Presents; and


E.

Awarding Paris Presents such further legal and equitable relief as the

Court deems just and proper.


JURY DEMAND
Pursuant to Fed. R. Civ. P. 38, Paris Presents demands a trial by jury on all issues
so triable.

Dated: August 2, 2016


PARIS PRESENTS INCORPORATED

By: s/Lynn Rosenthal Mayer


Lynn Rosenthal Mayer
Its: Corporate Counsel
3800 Swanson Court
Gurnee, Illinois 60031
(847) 263-4107
ID No. 6182126

Exhibit A
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1 of 3

Exhibit A
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2 of 3

Exhibit A
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3 of 3

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Sample Lifestyles TRUBEAUTY Pro Metallics Brushes

ILND 44 (Rev. 07/13/16)

Case: 1:16-cv-07802 Document


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CIVIL#:COVER
SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS
Lifestyle Products, LLC

Paris Presents Incorporated

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

Lake County, Illinois

(EXCEPT IN U.S. PLAINTIFF CASES)


NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

Cache County, Utah

(IN U.S. PLAINTIFF CASES ONLY)


IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

Lynn R. Mayer - In-house Counsel Paris Presents Incorporated


3800 Swanson Court
Gurnee, Illinois 60031

II. BASIS OF JURISDICTION (Place an X in One Box Only)


1

U.S. Government
Plaintiff

3 Federal Question
(U.S. Government Not a Party)

U.S. Government
Defendant

4 Diversity
(Indicate Citizenship of Parties in Item III)

IV. NATURE OF SUIT


CONTRACT
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of
Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff


(For Diversity Cases Only)
PTF
Citizen of This State
1

Incorporated and Principal Place


of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

FORFEITURE/PENALTY

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
510 Motions to Vacate
Sentence
Habeas Corpus:
530 General
535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

625 Drug Related Seizure


of Property 21 USC 881
690 Other

2 Removed from
State Court

3 Remanded from
Appellate Court

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS


870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

IMMIGRATION
462 Naturalization Application
463 Habeas Corpus Alien Detainee
(Prisoner Petition)
465 Other Immigration
Actions

V. ORIGIN (Place an X in One Box Only)


1 Original
Proceeding

Citizen of Another State

(Place an X in One Box Only)


TORTS
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities
Employment
446 Amer. w/Disabilities
Other
448 Education

and One Box for Defendant)


PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

DEF

Reinstated or
Reopened

Multidistrict
6 LitigationTransfer

Transferred from
5 Another District
(specify)

OTHER STATUTES
375 False Claims Act
376 Qui Tam (31 USC
3729 (a))
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

Multidistrict
8 Litigation Direct File

VI. CAUSE OF ACTION (Enter U.S. Civil Statute under which you are

VII. Previous Bankruptcy Matters (For nature of suit 422 and 423, enter the case

filing and write a brief statement of cause.)

number and judge for any associated bankruptcy matter previously adjudicated by a judge of
this Court. Use a separate attachment if necessary.)

35 U.S.C. 271(a) - Patent Infringement

VIII. REQUESTED IN
COMPLAINT:

CHECK IF THIS IS A CLASS ACTION


UNDER RULE 23, F.R.Cv.P.

CHECK YES only if demanded in complaint:

DEMAND $

JURY DEMAND:

IX. RELATED CASE(S)


IF ANY
X. This case (check one box)
DATE August 2, 2016

(See instructions):

JUDGE
Is not a refiling of a previously dismissed action

DOCKET NUMBER
is a refiling of case number

previously dismissed by Judge

SIGNATURE OF ATTORNEY OF RECORD /s/ Lynn Rosenthal Mayer

Yes

No

Case: 1:16-cv-07802 Document #: 1-3 Filed: 08/02/16 Page 2 of 2 PageID #:12


INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law,
except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of
Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney
filing a case should complete the form as follows:
I.
(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the
full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both
name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of
filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the
county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this
section "(see attachment)".
II.
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of
the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution,
an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be
marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the
different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.)
III.
Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section
for each principal party.
IV.
Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient
to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the
most definitive.
V.

Origin. Place an "X" in one of the six boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for
removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation
transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is
checked, do not check (5) above.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes
unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII.
Previous Bankruptcy Matters For nature of suit 422 and 423 enter the case number and judge for any associated bankruptcy matter previously adjudicated
by a judge of this court. Use a separate attachment if necessary.
VIII.
Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the
actual dollar amount being demanded or indicate other demand, such as a preliminary injunction Jury Demand. Check the appropriate box to indicate whether or not a
jury is being demanded.
IX.
Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the
corresponding judge names for such cases.
X.
Refiling Information. Place an "X" in one of the two boxes indicating if the case is or is not a refilling of a previously dismissed action. If it is a refiling of a
previously dismissed action, insert the case number and judge.
Date and Attorney Signature. Date and sign the civil cover sheet.
Rev. 1 - 04/13/2016