Conair v. Barbar - Complaint

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION

CONAIR CORPORATION and
BABYLISS FACO SPRL,

Plaintiffs,

v.

BARBAR, INC. and DOMINIC BARBAR,

Defendants.

CASE No. 6:14-CV-831-ORL-31-TBS

COMPLAINT FOR PATENT INFRINGEMENT
AND UNFAIR COMPETITION
(INJUNCTIVE RELIEF DEMANDED)
DEMAND FOR JURY TRIAL
Plaintiffs Conair Corporation (Conair) and Babyliss FACO SPRL (Babyliss)
complain of defendants BARBAR, Inc. (BARBAR) and Dominic Barbar (Mr.
Barbar) as follows:
JURISDICTION AND VENUE
1. Jurisdiction exists under 28 U.S.C. 1331 and 1338(a) because this is an
action for infringement of Conair and Babyliss patent rights and for violation of Section
43(a) of the Lanham Trademark Act, 15 U.S.C. 1125(a). This Court has supplemental
jurisdiction of Plaintiffs claim under Florida law pursuant to 28 U.S.C. 1367(a).
2. Defendants are subject to personal jurisdiction in Florida and in this
judicial district and division because they have transacted business here by selling,
offering to sell or distributing hair care products (the BARBAR 2008 Auto Curling Iron
and/or the BARBAR 2008 Digital Auto Curling Iron) that violate Conairs and Babylisss
intellectual property rights, and regularly attending trade fairs in Orlando, Florida. As
discussed below, this includes BARBARs upcoming attendance at Booth 2451 of the
Premiere Orlando International Beauty Event scheduled for May 31-June 2, 2014.
Case 6:14-cv-00831-GAP-TBS Document 1 Filed 05/30/14 Page 1 of 11 PageID 1
2
3. Venue is proper under the general federal venue statute, 28 U.S.C.
1391(d), and under the specific venue provision relating to patent-infringement cases, 28
U.S.C. 1400(b).
PARTIES
4. Conair is a Delaware corporation headquartered in East Windsor, New
Jersey, with sales and marketing offices in Stamford, Connecticut. Conair is the exclusive
licensee and owns all substantial rights in and has standing (without joining the nominal
legal title owner) to sue for infringement of United States Patent No. 8,607,804, entitled
Hair Styling Aid (the 804 patent) and 8,651,118, entitled Hair Styling Device (the
118 patent). Conair holds the exclusive license, including the exclusive right to
manufacture, market and enforce, from TF3 Limited (Birmingham, England). Conair has
complied with all terms of its exclusive license, and that exclusive license is currently in
force.
5. Babyliss is a subsidiary of Conair, and is organized under the laws of
Belgium. It is headquartered and has offices at 25 avenue lindependence 4020, Wandre
(Liege), Belgium. Babyliss is the owner and has standing to sue for infringement of
United States Design Patent D696,456, entitled, Hair Styling Apparatus (the 456
patent).
6. BARBAR is a California corporation with U.S. offices at 9663 Santa
Monica Blvd., Suite 600, Beverly Hills, California. BARBAR has previously and is
presently making, using, selling, offering for sale, and/or importing into the U.S. hair
styling devices that infringe one or more claims of the 804, 118 and 456 patents (the
patents-in-suit). BARBAR has infringed the patents-in-suit either directly or through
acts of contributory infringement or inducement in violation of 35 U.S.C. 271.
7. Mr. Barbar is, on information and belief, a resident of California and the
manager, chief executive officer, and owner of BARBAR. Mr. Barbar has previously and
is presently making, using, selling, offering for sale, and/or importing into the U.S. hair
styling devices that infringe one or more claims of the 804, 118 and 456 patents (the
3
patents-in-suit), including the BARBAR 2008 Auto Curling Iron and/or the BARBAR
2008 Digital Auto Curling Iron. Mr. Barbar has infringed the patents-in-suit either
directly or through acts of contributory infringement or inducement in violation of 35
U.S.C. 271.
BACKGROUND
8. Conair acquired the exclusive license to the 804 and 118 patents on June
7, 2011, and has worked diligently to commercialize the inventions claimed within them.
The 804 and 118 patents, through the inventions embodied in their claims, permit one-
step hair styling and curling, thus saving consumers substantial time and effort. As part of
Conairs commercialization efforts, Conair designer Pierre L. Julemont (working at
Conairs Belgian Babyliss subsidiary) perfected a sleek, novel and consumer-friendly
ornamental design to enclose embodiments of the 804 and 118 patents. That ornamental
design is embodied in the 456 patent.

9. As a result of Conairs commercialization efforts, Conair and its
subsidiaries have experienced dramatic commercial success worldwide with its
embodiments of those patents the Miracurl (promoted under the Babyliss brand) and
Figure 1 of the '456 Patent
4
the Curl Secret (promoted under the Conair brand). That success has attracted a number
of knock-off efforts and attempts to free ride on Conairs success. Defendants are now
among them.
10. BARBAR sells hair styling devices, including on its websites
barbarartist.com, globalsalon.com and dominicbarbar.com. Mr. Barbar, as the chief
officer of BARBAR, controls, directs, encourages and induces BARBAR to sell such
devices, including the BARBAR 2008 Auto Curling Iron and/or the BARBAR 2008
Digital Auto Curling Iron (the accused devices). BARBAR and Mr. Barbar intend to
sell and/or offer for sale the accused devices at the upcoming May 31 to June 2, 2014
Premiere Orlando International Beauty Event, at Booth 2451. To an ordinary observer,
those accused devices appear substantially and confusingly similar to Conairs
commercial patented products, and to Conairs patented design:

11. Conair owns distinctive, aesthetic, non-functional trade dress in its Infinity
Pro by Conair Curl Secret (Curl Secret) hair curling product. Conair has used this
Defendants Accused Product
5
trade dress consistently in its marketing, including on its websites located on the internet
at www.curlsecret.com, www.miracurlpro.com and Error! Hyperlink reference not
valid.
12. The trade dress of the Curl Secret is recognizable by its color which is a
very deep, dark purple, almost black in appearance. The trade dress is also recognizable
by the positioning of the controls for the Curl Secret which are located on the left side of
the products lower appendage facing left when held in a stylists right hand during
normal use. The trade dress is also recognizable in the unique shape of the Curl Secret,
including its round bulbous clam-shell head and its sleek handle, as well as its swiveling
truncated-cone power cord attachment where the cord trails away from the unit at a
greater-than-90 degree angle, and has flexible ribs at the nearest part to the attachment.
The trade dress for Miracurl is nearly identical, with three buttons instead of two, and
aqua/teal coloring instead of deep purple.
13. The Curl Secret and Miracurl trade dress symbolize the quality of the
Conair products, and have become distinctive to Conair through widespread use and
advertising, which has exposed the Conair Curl Secret and Miracurl to many people,
especially in the hair care industry. Conair has used the Curl Secret and Miracurl trade
dress in a consistent and continuous fashion in commerce though its website, in print
marketing material, and on the websites and marketing material of its authorized dealers
throughout the United States.
14. The Curl Secret and Miracurl trade dress is aesthetic and non-functional,
and through consistent and continuous use it has come to identify the Conair Curl Secret
and Miracurl products, and the public recognizes the trade dress and associates it with
Conair and its Curl Secret and Miracurl products. The trade dress has become an asset of
substantial value and is strongly associated with a single product line and source, namely
the Conair Curl Secret and Miracurl products.
15. As can be seen in the photographs below, Defendants have copied and
used the Curl Secret and Miracurl trade dress in connection with their advertising and
6
marketing of the confusingly similar accused devices in interstate commerce with the
intention of misleading, deceiving or confusing consumers as to the origin of the accused
products while trading on Conairs reputation and good will.

Two views of Conair's Product
Two views of Defendants Infringing Product
7

16. The infringement by Defendants of the Curl Secret and Miracurl trade
dress is likely to cause confusion, deception, and mistake among consumers and potential
consumers of the Conair Curl Secret product.
17. Conair has informed Defendants of its and its subsidiarys rights under the
patents-in-suit, and requested that they immediately cease and desist the infringing
activities. On May 9, 2014, in-house counsel for Conair wrote a letter to Mr. Barbar
naming, among others, the patents-in-suit, identifying the infringement by the accused
products, and demanding that he immediately cease and desist all sales, marketing,
advertising and website listings of the product, and any substantially similar product, and
that you destroy or turn over to us your unsold inventory. On May 28, 2014, Conair
management learned that, rather than cease-and-desist, instead Defendants planned to
display the accused products at the Premiere Orlando International Beauty Event from
May 31 to June 2, 2014, and seek orders that compete directly with Conairs patented
commercial embodiments. Conair will also attend the same show.
18. On information and belief, Defendants intend to sell or offer the accused
products for sale for a retail price well below the usual retail price of Conairs patented
products. Defendants threaten to have their accused products sold at retail for less than
$80 per unit, while Conairs products usually sell at retail for over $140 per unit.

COUNT I
UTILITY PATENT INFRINGEMENT
19. Plaintiffs repeat and reallege the allegations contained in paragraphs 1
through 18 of this complaint as if fully set forth herein.
20. Defendants have infringed and continue to infringe the 804 and 118
patents either directly or indirectly through acts of contributory infringement or
inducement in violation of 35 U.S.C. 271, by making, using, selling, importing and/or
offering to sell infringing products, namely the BARBAR 2008 Auto Curling Iron and/or
8
the BARBAR 2008 Digital Auto Curling Iron. Additional infringing models may be
identified through discovery.
21. Defendants infringement, contributory infringement and/or inducement to
infringe has injured Conair and it, therefore, is entitled to recover damages adequate to
compensate it for such infringement, but in no event less than a reasonable royalty.
infringe has been willful and deliberate because Defendants have notice of or knew of the
804 and 118 patents and have nonetheless injured and will continue to injure Conair,
unless and until this Court enters an injunction, which prohibits further infringement and
specifically enjoins further manufacture, use, sale, importation and/or offer for sale of
products or services that come within the scope of the 804 and 118 patents.

COUNT II
DESIGN PATENT INFRINGEMENT
24. Defendants have infringed and continue to infringe the 456 patent either
directly or indirectly through acts of contributory infringement or inducement in violation
of 35 U.S.C. 271 by making, using, selling, importing and/or offering to sell infringing
products, namely the BARBAR 2008 Auto Curling Iron and/or the BARBAR 2008
Digital Auto Curling Iron. Additional infringing models may be identified through
discovery.
infringe has injured Babyliss and it, therefore, is entitled to recover damages adequate to
compensate it for such infringement, but in no event less than a reasonable royalty.
infringe has injured and will continue to injure Babyliss, unless and until this Court enters
an injunction, which prohibits further infringement and specifically enjoins further
9
manufacture, use, sale, importation and/or offer for sale of products or services that come
within the scope of the 456 patent.

COUNT III
FEDERAL TRADE DRESS INFRINGEMENT/UNFAIR COMPETITION
28. Defendant's activities complained of herein constitute infringement of
Conairs trade dress and unfair competition in violation of 15 U.S.C. 1125(a) to the
injury and detriment of Plaintiffs.
29. As a direct and proximate result of Defendants infringement, Conair has
suffered and will continue to suffer loss of income, profits and good will and defendants
will continue to unfairly acquire income, profits, and good will.

COUNT IV
COMMON LAW UNFAIR COMPETITION
31. Defendants activities complained of herein constitute unfair methods of
competition in violation of the common law of the State of Florida.
32. As a direct and proximate result of Defendants competition, Conair has
suffered and will continue to suffer loss of income, profits and good will and defendants
will continue to unfairly acquire income, profits, and good will.

JURY DEMAND
Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Conair requests a
trial by jury on all issues presented that can properly be tried to a jury.

10
PRAYER FOR RELIEF
WHEREFORE, Conair and Babyliss ask this Court to enter judgment against
Defendants and against their subsidiaries, affiliates, agents, servants, employees and all
persons in active concert or participation with them, granting the following relief:
A. An injunction preliminarily and permanently prohibiting further
infringement, inducement and contributory infringement of the patents-in-
suit;
B. An award of damages adequate to compensate Conair and Babyliss for the
infringement that has occurred, together with prejudgment interest from
the date infringement began;
C. All other damages permitted by 35 U.S.C. 284;
D. Additional damages as expressly provided for in the case of a design
patent under 35 U.S.C. 289;
E. A finding that this case is exceptional and an award to Conair of its
attorneys fees and costs as provided by 35 U.S.C. 285;
F. An award of costs; and
G. Such other and further relief as this Court or a jury may deem proper and
just.

Dated: May 30, 2014 Respectfully submitted,

By: /s/ Joel B. Rothman
Joel B. Rothman
Joel.rothman@sriplaw.com
Florida Bar No. 98220
Schneider Rothman IP Law Group
4651 North Federal Highway
Boca Raton, Florida 33431
voice: 561.404.4350
fax: 561.404.4353

Of counsel:
Robert P. Greenspoon
rpg@fg-law.com
11
William W. Flachsbart
wwf@fg-law.com
Flachsbart & Greenspoon, LLC
333 N. Michigan Ave., 27
th
Floor
Chicago, IL 60601
Phone: 312-551-9500
Fax: 312-551-9501

Attorneys for Plaintiffs,
Conair Corporation and Babyliss FACO
SPRL


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Case 6:14-cv-00831-GAP-TBS Document 1-1 Filed 05/30/14 Page 1 of 2 PageID 12
The groundbreaking innovations that made inniti Pro by Conair

Curl Secret
the rst-ever appliance to win the WWD Product of

the Year award did not happen by accident. Conair put millions of
dollars worth of time and resources into the patented technology
and proprietary design that let this revolutionary new retail styler,
and its professional counterpart, automatically create a perfect curl.
Conair Corporation is the sole owner of worldwide patents and
trademarks for Curl Secret.
These legal entities protect both Conair

and our retail partners from the dangers and liabilities of poor-quality
imitations that may not follow safety guidelines. Conair cares about
the safety of its consumers and has conducted rigorous testing to
ensure the safety and integrity of these products. Poor quality
imitations and counterfeit electrical hair appliances have exhibited
signicant defects and can cause serious harm to consumers and/or
damage to their homes or other property if left undetected.
Conair is actively working with local, state, federal and international
law enforcement, as well as U.S. and foreign customs ofcials, to stop
the sale of counterfeit goods. All legitimate Conair styling appliances
are protected by granted and/or pending patents.
We are proud to partner with reputable companies that are as
dedicated as we are to ensuring the legitimacy, quality and safety
of products that carry our name.
CONAI R CORPORATI ON
ONE CUMMI NGS POI NT ROAD
STAMFORD CT 06902
203. 351. 9000

Conair Granted Patents
for Award-Winning Styler
PATENTS granted and/or pending include U.S. Patents 8,607,804, XXXXXXX,
and XXXXXXX. BABYLISS,
BABYLISSPRO,
MIRACURL,
CURL SECRET,
CURL
GENIUS,
PERFECT CURL,
RUSK MIRACURL,
and CURLMATIC
are trademarks
of Conair Corporation. 2014 Conair Corporation. All rights reserved.

!"#$%$& (

!"#$%$& (

!"#$%$& (
IMPORTANT MESSAGE ABOUT COUNTERFEIT RUSK MIRACURL STYLERS

RUSK MIRACURL STYLER
The RUSK MiraCurl styler was developed by Conair Corporation and utilizes a significant investment of time, effort and money.
This innovative product is based on patented technology and a proprietary design, which allows professional stylists to automatically
create one perfect curl after another -consistently, effortlessly, safely.

WE CARE ABOUT YOUR SAFETY
Conair Corporation has obtained worldwide patents and trademarks* for the MiraCurl styler and is serious about enforcing its rights
against sellers, importers and makers of counterfeit and imitation goods. Conair and RUSK care deeply about the safety of salon
professionals and their clients. We conduct rigorous testing to ensure the safety and integrity of our products. Poor-quality imitations
and counterfeit electrical hair appliances have exhibited significant defects that can cause serious harm to users and/or damage to their
businesses or other property.
Conair is actively working with local, federal and international law enforcement, as well as Australian and foreign customs officials,
to stop the sale and manufacture of counterfeit and imitation goods. The Companys goal is to protect its brands, products and
customers. All legitimate RUSK MiraCurl stylers are protected by granted and/or pending patents as well as registered trademarks.
Please be sure to purchase the RUSK MiraCurl styler from a trusted retailer or distributor to ensure product performance and
satisfaction as well as your safe use.
*PATENTS include Australian Patents 348730 and 351553 and New Zealand Patent 417455. Additional Australia patent rights are pending. Babyliss, BabylissPro, MiraCurl and
RUSK are trademarks of Conair Corporation. 2014 Conair Corporation. All rights reserved.
If you have seen counterfeit goods or have encountered a counterfeit or product of inferior quality that looks suspicious, please
contact us on:
Email ruskaustralia@conair.com
Call 1800 126 806 (Australia) or
Call 0800 003 618 (New Zealand).

HOW TO SPOT A COUNTERFEIT
1. Colour - The professional RUSK MiraCurl styler is only available in the following colours:
Black
Metallic charcoal finish with purple highlights
Pink limited stock, only sold through Hairhouse Warehouse
Blue limited stock, only sold through Price Attack
2. Plug The professional RUSK MiraCurl styler sold in Australia and New Zealand s has an Australian SAA plug. Any styler
sold in Australia or New Zealand containing a non-Australian SAA plug with a separate adaptor is not a genuine product. Any
product advertised as dual voltage, is not genuine.
3. Packaging Damaged, faded or missing packaging are often signs of counterfeit goods. Also, look for misspelled words, odd
markings, missing manuals and/or warranty documentation.
4. Distributor The professional RUSK MiraCurl styler is sold only through reputable RUSK approved wholesalers and salons
listed on our website at www.rusk.com.au.
5. Websites Beware of websites containing domain names using our trademark name, MiraCurl, in combination with words
such as cheap, discount, outlet, bargain, buy, 4sale, sold, shop, a country name and any other extraneous wording. These are
all illegal sites that intend to deceive consumers. The official website for the professional RUSK MiraCurl styler is
www.rusk.com.au or www.rusk.co.nz.
Also beware of eBay stores selling different brands and versions of the MiraCurl.
6. Price If the price looks too good to be true, then it probably is. In Australia, the RUSK MiraCurl is around $199. In New
Zealand, the RUSK MiraCurl is around $275.
7. Shipping The professional RUSK MiraCurl styler is only shipped from within Australia, nowhere else. Items shipped from
Asia, the US and some locations within Australia may also be fake or counterfeit


WHAT TO DO IF YOUVE BOUGHT A COUNTERFEIT OR IMITATION
1. Contact the seller for a complete refund
2. Call your credit card company and request a chargeback to the seller
3. Report your purchase to RUSK/Conair Professional.

WHAT WE ARE DOING
Conair and its subsidiaries and affiliates worldwide are actively working with local, federal and international law enforcement, as
well as Australian and foreign customs officials, to stop the sale of counterfeit and imitation goods. We have already removed
hundreds of illegal websites and listings of counterfeit goods from online auction and marketplace sites such as Amazon, eBay,
AliBaba and TaoBao, to name a few. We actively conduct investigations, raids and seizures globally to remove dangerous
counterfeit goods from the market. We want you to be safe and buy only authentic goods. We guarantee the performance of our
professional RUSK MiraCurl styler and are proud to partner with distributors that support our efforts to ensure the legitimacy,
quality and safety of our goods.

!"#$%$& !
U.S. Patent No. 8,651,118 vs. BARBAR 2008 Auto Curling Iron
Page 1 of 27
United States Patent 8,651,118 BARBAR 2008 Auto Curling Iron
Claim 1
A hair styling device having:
a body defining a chamber adapted to
accommodate a length of hair, the
chamber having a primary opening
through which the length of hair may
pass into the chamber;

The area between the
outer wall of the
central cylinder and
the inner wall of the
outer housing
constitutes the
chamber, with hair
passing into the
chamber through the
opening shown.
Page 2 of 27
a rotatable element adapted to engage
the length of hair adjacent to the
primary opening;

The crescent-shaped
rotating element
(bracketed in bottom
picture) rotates adjacent
to the primary opening
where hair is drawn in.
Page 3 of 27
an elongate member around which, in
use, the length of hair is wound by the
rotatable element, the elongate member
having a free end;

The crescent-shaped
rotating element
(bracketed in bottom
picture) wraps the hair
around the center
cylindrical piece. The end
of the cylindrical piece
(bottom arrow) constitutes
the free end.
Page 4 of 27
the chamber having a secondary
opening through which the length of
hair may pass out of the chamber, the
secondary opening being located
adjacent to the free end; and

a movable abutment which can engage
the length of hair in use, the movable
abutment having an open position in
which the length of hair can pass
through the secondary opening, and a
closed position in which the length of
hair is retained within the chamber,
wherein the movable abutment is
located within one of (i) the secondary
opening, (ii) the primary opening, and
(iii) a passageway connecting the
secondary opening to the primary
opening.

The secondary opening is at
the free end of the chamber.
The top portion of the
device opens to allow hair to
pass through the secondary
opening. The top portion
closes down on the primary
opening (displayed), causing
the hair to be retained inside
the chamber. The top
portion is located within the
primary opening.
Page 5 of 27
Claim 2
A hair styling device according to
claim 1, wherein the secondary opening
is annular and surrounds the free end of
the elongate member.

Claim 4
claim 1, wherein the secondary opening
is permanently connected to the
primary opening.

The secondary opening is in
a ring shape and is at the
end of the central cylinder.
The primary opening (top
arrow) and secondary
opening (bottom arrow) are
both integral with the
overall device.
Page 6 of 27
Claim 5
claim 1, wherein the movable abutment
is located within one of (i) the
secondary opening and (ii) the primary
opening, and wherein the secondary
opening is connected to the primary
opening by way of a passageway.

The top portion is located within
the primary opening when closed.

The primary opening (top arrow) is
connected to the secondary opening
(bottom arrow) through the central
chamber.

Page 7 of 27
Claim 7
is spring-biased to its open position.

Claim 8
claim 1, having a first handle part and a
second handle part, wherein the
movable abutment is driven to its
closed position as the second handle
part is moved towards the first handle
part.

The top portion of
the device closes
down as the
second handle (top
arrow) is moved
toward the first
handle (lower
arrow).
The device contains a
spring that forces it into an
open position.
Page 8 of 27
Claim 9
claim 1, having a first handle part and a
second handle part, wherein the
movable abutment moves from its
closed position to its open position as
the second handle part is moved away
from the first handle part.

Claim 10
in its open position does not obstruct
any part of the secondary opening.

The device opens
up as the second
handle (top
arrow) is moved
away from the
first handle
(lower arrow).

When the device is in
the open position, the
top portion (top arrow)
does not obstruct the
secondary opening
(bottom arrow).
Page 9 of 27
Claim 11
is maintained in its closed position
while the rotatable element is rotating.

The crescent-shaped rotating element
(bracketed) is in motion while the device
is in the closed position (bottom picture).
Page 10 of 27
Claim 12
is located within the primary opening.

The top portion of the device is located
within the primary opening, where hair
passes through.
Page 11 of 27
Claim 13

The area between the outer
wall of the central cylinder
and the inner wall of the
outer housing constitutes the
chamber, with hair passing
into the chamber through
the opening shown.

Page 12 of 27
primary opening;

The crescent-shaped
element (bracketed,
bottom picture) rotates
adjacent to the primary
opening where hair is
drawn in.
Page 13 of 27
having a free end;

The crescent-shaped
rotating element
(bracketed, bottom
around the center
of the central cylinder
the free end.
Page 14 of 27
adjacent to the free end; and

Page 15 of 27
hair is retained within the chamber,
wherein the movable abutment is
spring-biased to its open position.

When in the open position
(top picture), hair can flow
through the secondary
opening. When closed
(bottom picture), hair is
retained within the chamber.

Page 16 of 27

The device contains a spring
that forces it into an open
position.

Page 17 of 27
Claim 14

outer wall of the
outer housing
constitutes the
chamber, with hair
passing into the
chamber through the
opening shown.
Page 18 of 27
primary opening;

The crescent-shaped
element (bracketed,
bottom picture) rotates
adjacent to the primary
opening where hair is
drawn in.
Page 19 of 27
having a free end;

The crescent-shaped
rotating element
(bracketed, bottom
around the center
the free end.

Page 20 of 27
adjacent to the free end;

Page 21 of 27
hair is retained within the chamber; and

Page 22 of 27
a first handle part and a second handle
part, wherein the movable abutment is
driven to its closed position as the
second handle part is moved towards
the first handle part.

Claim 15

The top portion of
the device closes
down as the
second handle (top
arrow) is moved
toward the first
handle (lower
arrow).
outer wall of the
outer housing
constitutes the
chamber, with hair
passing into the
chamber through the
opening shown.
Page 23 of 27
primary opening;

The crescent-shaped
rotating element
(bracketed, bottom
picture) rotates adjacent
to the primary opening
where hair is drawn in.
Page 24 of 27
having a free end;

The crescent-shaped
rotating element
(bracketed, bottom
around the center
the free end.
Page 25 of 27
adjacent to the free end;

Page 26 of 27
hair is retained within the chamber; and

Page 27 of 27
a first handle part and a second handle
part, wherein the movable abutment
moves from its closed position to its
open position as the second handle part
is moved away from the first handle
part.

The device opens
up as the second
handle (top
arrow) is moved
away from the
first handle
(lower arrow).

Page 1 of 9
United States Patent 8,607,804 BARBAR 2008 Auto Curling Iron
Claim 1
A hair styling aid comprising:
a generally cylindrical elongate member
for receiving a length of hair to be
styled,

guide structure for receiving the length
of hair and for guiding the length of hair
towards the elongate member,

The cylinder in the center
of the device comprises
the elongate member.

The V-shaped guide
structure (emphasized in
yellow) guides hair into
the device and toward the
center cylinder.

Page 2 of 9
a rotatable element rotatable relative to
the guide structure, the rotatable element
having a part adapted to engage the
length of hair for winding the length of
hair around the elongate member,

The crescent-shaped portion of the
device displayed within the
brackets (bottom picture) rotates
relative to the guide structure (top
picture, emphasized in yellow). The
hair is wound around the central
cylinder.
Page 3 of 9
a housing surrounding a part of the
elongate member, the housing having at
least one wall, the at least one wall
comprising a generally cylindrical inner
surface,

an elongate opening in the at least one
wall parallel with the elongate member,

The opening in the wall
of the housing runs
parallel with the central
cylinder.

The housing (displayed within
the brackets) has an inner
cylindrical wall.
Page 4 of 9
a chamber bordered by the generally
cylindrical inner surface and the
generally cylindrical elongate member
for containing the length of hair,

the rotatable element being rotatable
relative to the generally cylindrical inner
surface,

The chamber constitutes
the space between the
cylinder wall and the
cylindrical inner wall of
the housing.
The rotating element
of the housing rotates
around the inner
cylindrical wall of the
housing.
Page 5 of 9
the part adapted to engage the length of
hair passing around the generally
cylindrical elongate member when
winding the length of hair around the
elongate member,

The crescent-shaped
rotating part (bracketed
portion of bottom picture)
can engage the hair and
wind around the center
stationary piece.
Page 6 of 9
the length of hair not being clamped in
the chamber during styling thereof,

http://www.youtube.com/watch?v=1Nx0-DJRJC0
the guide structure being adjacent the
elongate opening and comprising
opposedly facing converging surfaces
adapted to the length of hair through the
elongate opening, towards the elongate
member, and

Hair is drawn in by
the curling iron and
rotated around the
cylinder, and is not
clamped down at any
stage.
The guide structure
(emphasized in
yellow) is V-shaped
and is adjacent to the
opening through
which hair is drawn
in.
Page 7 of 9
the housing wall(s) being heated in use.

Claim 4
A hair styling aid according to claim 1,
wherein the housing comprises the guide
structure.

The red and white
wires are connected
to the displayed
heating elements.
The guide structured
(emphasized in yellow)
is part of the overall
housing of the device.
Page 8 of 9
Claim 5
wherein the housing is integral with a
handle.

The device handle and
housing constitute one
piece.
Page 9 of 9
Claim 6
wherein the rotatable element rotates
relative to the generally cylindrical
elongate member.

The crescent-shaped
rotating portion of the
device (bottom picture,
bracketed) rotates around
the central cylinder.

!"#$%$& (
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

CONAIR CORPORATION and
BABYLISS FACO SPRL,

Plaintiffs,

v.

BARBAR, INC. and DOMINIC BARBAR,

Defendants.

CASE No. 6:14-CV-831-ORL-31-TBS

DECLARATION OF JOEL B. ROTHMAN
I, JOEL B. ROTHMAN, hereby affirm the following:
1. I am over the age of 18 and otherwise competent to testify. I make this
declaration based on my personal knowledge.
2. I represent the plaintiffs in this matter.
3. Attached hereto as Exhibits A, B and C respectively are true and correct
copies of United States Patent No. 8,607,804, entitled Hair Styling Aid (Ex. A), United
States Patent No. 8,651,118, entitled Hair Styling Device (Ex. B), and United States
Design Patent No. D696,456, entitled Hair Styling Apparatus (Ex. C).
I swear, under penalties of perjury of the laws of the United States of America
that the above and foregoing is true and correct.
Dated: May 30, 2014
____________________________________
Joel B. Rothman

Conair v. Barbar - Complaint

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Conair v. Barbar - Complaint

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IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF FLORIDA

the rst-ever appliance to win the WWD Product of

These legal entities protect both Conair

ONE CUMMI NGS POI NT ROAD

203. 351. 9000

Case 6:14-cv-00831-GAP-TBS Document 1-1 Filed 05/30/14 Page 2 of 2 PageID 13

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