Canada v. HTM Lighting - Complaint

Case 2:15-cv-08763-GHK-AS Document 1 Filed 11/10/15 Page 1 of 18 Page ID #:1
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James A. Italia (SBN 212,815)

ITALIA IP
Counsel for Plaintiff
3500 West Olive Ave., Suite 300
Burbank, CA 91505
Telephone: (818) 973-2720
Fax: (818) 973-2702
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
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WESTERN DIVISION
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152310 Canada Limitee, a company
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incorporated in the country of Canada in
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the Province of Quebec, DBA AS Hanging )
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Display Systems,
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Plaintiff,
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vs.
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HTM LIGHTING, LLC, a company
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incorporated in the state of Florida, LAURE )
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MERMINOD, an individual, JEAN
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PHILLIPE MERMINOD, an individual,
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Defendants
Case No.: 2:15-cv-08763

COMPLAINT FOR PATENT
INFRINGEMENT AND UNFAIR
COMPETITION
DEMAND FOR JURY TRIAL
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Plaintiff, 152310 Canada Limitee, a federal corporation in Quebec, Canada,
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(hereinafter Plaintiff), for its complaint against Defendants Laure A. Merminod
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(hereinafter Ms. Merminod), Jean Phillipe Merminod (hereinafter Mr. Merminod),
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HTM LIGHTING, LLC, doing business as mbs-hanging-systems.com or mbs-
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standoffs.com (hereinafter collectively referred to as Defendants) alleges as follows:
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-1COMPLAINT
1. THE PARTIES
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1. Plaintiff, also known as 152310 Canada, is a federal corporation of Canada,
having an address of 3600 Matte Blvd., Unit L, Brossard QC J4Y 2Z2.

2. On information and belief, Plaintiff owns and operates ashanging.com, which
is an e-commerce website.
3. On information and belief, Defendants Mr. and Ms. Merminod own and operate
HTM Lighting, LLC, a corporation of Florida, having a business address of 6420
Benjamin Road, Tampa, FL 33634.
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4. On information and belief, Defendants occasionally do business under its
corporate name.
5. On information and belief, Defendants are also doing business under the names
and/or domain names mbs-hanging-systems.com and mbs-standoffs.com.

6. On information and belief, Defendants Mr. and Ms. Merminod are individuals
having an address at 4709 Rue Bordeaux, Lutz, Florida 33558.
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JURISDICTION AND VENUE
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7. This civil action arises under the design patent laws of the United States pursuant
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to 35 U.S.C. 1 et seq., and more particularly 35 U.S.C. 271, 281, 283, 284, 285, 289,
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and 28 U.S.C. 1331 and 1338; the federal unfair competition laws of the United
States, 15 U.S.C. 1125(a); under Californias Business and Professions Code 17200,
17500 et seq.; and under Californias Consumers Legal Remedies Act set forth in Cal. Civ.
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Code 17500. Further, Defendants regularly do business or solicit business, engage in
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other persistent courses of conduct, and/or derive substantial revenue from products and/or
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services provided to individuals in this District and in this State.
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8. Venue is proper in this court pursuant to 28 U.S.C. 1391(b) and 1400(a). The
infringing products which are the subject of this litigation are and have been distributed
and offered for distribution in the Central District of California; the claims alleged in this
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action arose in the Central District of California; and, the Defendant transacts business in
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the Central District of California.

FACTUAL BACKGROUND
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9. Since 1964, Plaintiff has been designing, manufacturing, and distributing high-
end picture hanging systems, art display systems, and hanging rails that are of superior
quality and design when compared to conventional hanging and display solutions.
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10. As a reflection of its innovation, the company has been diligent and successful in
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procuring numerous issued and enforceable United States design patents with the United
States Patent and Trademark Office on its broad range of products. In addition, Plaintiff
has supplied products and hardware for over 30,000 installations for a wide variety of
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institutions, including but not limited to: K-12 schools, colleges and universities, hospitals,
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libraries, civic and commercial buildings, museums, and private residences.
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11. In its half century of being in business, Plaintiff has secured its position as a
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frontrunner in the high-end hanging display industry, as a result, Plaintiffs impressive list
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of clients include: Apple, Bellagio Las Vegas, Century 21, Volkswagen, The University of
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Chicago, Sothebys, BMW, Mattel, Best Western, North Carolina Museum of Natural
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Sciences, and many other high-end national retailers and establishments. Plaintiff has
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invested hundreds of thousands of dollars annually in research and development focused
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on creating the future of hanging and display solutions.
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12. AS Hanging is a corporation of Delaware, having a business address of 8396
State Route 9, West Chazy, NY 12992 and is the exclusive distributor of Plaintiffs
products in the United States.
13. Plaintiff is intent and diligent in protecting its valuable intellectual property and
has obtained numerous issued Design Patents and Trademark Registrations. Four such
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Design Patents are at issue in this litigation.

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-3COMPLAINT
14. Plaintiff filed Design Patent Application No. 29/326,793, on October, 24, 2008,
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entitled HOOK. On September 15, 2009, the United States Patent and Trademark Office
issued United States Design Patent No. D600,100 (the 100 Patent) which claims the
ornamental design embodied in the HOOK.
15. A true and correct copy of the 100 Patent is attached hereto as Exhibit A and is
incorporated herein by reference.

16. Plaintiff sells a product titled, Heavy-Classic Hook which is the commercial
embodiment of the 100 Patent through its website at ashanging.com.

17. Plaintiff filed Design Patent Application No. 29/356,951, on March 4, 2010,
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entitled HOOK. On December 21, 2010, the United States Patent and Trademark Office
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issued United States Design Patent No. D629,291 (the 291 Patent) which claims the
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ornamental design embodied in the HOOK.
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18. A true and correct copy of the 291 Patent is attached hereto as Exhibit B and is

19. Plaintiff sells a product, titled, J-End Cable which is the commercial

20. Plaintiff filed Design Patent Application No. 29/443,828, on January 23, 2013,
entitled SLOTTED MINI-HOOK. On February 18, 2014, the United States Patent and
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Trademark Office issued United States Design Patent No. D699,548 (the 548 Patent)
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which claims the ornamental design embodied in the SLOTTED MINI-HOOK.

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21. A true and correct copy of the 548 Patent is attached hereto as Exhibit C and is

22. Plaintiff sells a product, titled, Mini Hook which is the commercial

23. Plaintiff filed Design Patent Application No. 29/337,966, on June 2, 2009,
entitled SWIVEL HOOK. On October 20, 2009, the United States Patent and
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Trademark Office issued United States Design Patent No. D602,345 (the 345 Patent)
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which claims the ornamental design embodied in the SWIVEL HOOK.

24. A true and correct copy of the 345 Patent is attached hereto as Exhibit D and is

25. Plaintiff sells a product, titled, Mini Hook which is the commercial

26. On information and belief, Defendants are a retail distributor of a variety of
consumer hanging and display apparatuses. As will be demonstrated below, Defendants
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took a shortcut by blatantly and slavishly copying the innovative hanging and display
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apparatuses designed by Plaintiff, rather than building their own products and services
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based on new proprietary technology, and thus failed to provide legitimate competition to
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Plaintiff.
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27. Defendants actions have caused harm to Plaintiff, as alleged below, by
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manufacturing, selling and offering for sale Plaintiffs patented products on their websites
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at mbs-hanging-systems.com and/or mbs-standoffs.com.
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28. On information and belief, Defendants have since at least as early as September
2, 2015, offered to sell a product, titled, Safe Hook for Rod that is substantially identical
in external, functional, and nonfunctional appearance to Plaintiffs 100 Patent as shown in
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Exhibit A, attached hereto, to the public at mbs-hanging-systems.com and/or mbs21
standoffs.com. Exhibit E is a true and accurate copy of a website printout from

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Defendants website showing the Safe Hook for Rod product offered for sale by and
distributed by Defendants.
29. On information and belief, Defendants have, since at least as early as September
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2, 2015, offered to sell a product, titled, Clear Nylon Cable, J End or Stainless Steel
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Cable, J End that is substantially identical in external, functional, and nonfunctional
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appearance to Plaintiffs 291 Patent as shown in Exhibit B, attached hereto, to the public
at mbs-hanging-systems.com and/or mbs-standoffs.com. Exhibit F is a true and
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accurate copy of a website printout from Defendants website showing the Clear Nylon
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Cable, J End product offered for sale by and distributed by Defendants.

2, 2015, offered to sell a product, titled, Mini Hook with Side Screw that is substantially
identical in external, functional, and nonfunctional appearance to Plaintiffs 548 Patent as
shown in Exhibit C, attached hereto, to the public at mbs-hanging-systems.com and/or
mbs-standoffs.com. Exhibit G is a true and accurate copy of a website printout from
Defendants website showing the Mini Hook with Side Screw product offered for sale
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by and distributed by Defendants.

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2, 2015, offered to sell a product, titled, Mini Hook with Side Screw that is substantially
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identical in external, functional, and nonfunctional appearance to Plaintiffs 345 Patent as
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shown in Exhibit D, attached hereto, to the public at mbs-hanging-systems.com and/or
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mbs-standoffs.com. Exhibit G is a true and accurate copy of a website printout from
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Defendants website showing the Mini Hook with Side Screw product offered for sale
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by and distributed by Defendants.

32. On information and belief, Defendants have been engaged in the retail sale of
products, titled, Safe Hook for Rod, Clear Nylon Cable, J End, Stainless Steel Cable,
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J End, and Mini Hook with Side Screw that are substantially identical in external,
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functional, and nonfunctional appearance, respectively, to Plaintiffs 100, 291, 548, and
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345 Patents shown in Exhibits A, B, C, and D, respectively, attached hereto, in this

Judicial District and are still selling such products. As a result, Defendants actions have
harmed and will continue to harm Plaintiff.
33. On information and belief, Defendants have registered the domain mbs-
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hanging-systems.com in April 2014 to mimic and emulate both the look and feel of
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Plaintiffs website at www.ashanging.com. To that end, Defendants have gone so far as

to copy Plaintiffs marketing and advertising materials, including copying both the look
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and feel of Plaintiffs website and using Plaintiffs product photographs on their own
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websites. Defendants have and will continue to use Plaintiffs digital photographs to
advertise competing products on their own websites at mbs-hanging-systems.com and/or
mbs-standoffs.com. As a result of Defendants unlawful conduct, Plaintiff will continue
to suffer damage.
34. On information and belief, Defendants intend to continue its unlawful infringing
activity, and Plaintiff continues to and will continue to suffer irreparable harm -- for which
there is no adequate remedy at law -- from such unlawful infringing activities unless this
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Court enjoins Defendants from further infringing activities.
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CLAIM FOR RELIEF, COUNT 1
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Design Patent Infringement
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[Infringement of the 100 Patent]
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35. Plaintiff repeats and realleges each and every allegation of paragraphs 1 34 as
if recited herein.
36. Alain Moncade (hereinafter Mr. Moncade) is the first named inventor of the
100 Patent. A true and accurate copy of said patent is attached hereto as Exhibit A.
Plaintiff is the exclusive assignee of Mr. Moncades rights under the 100 Patent including
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the exclusive right to enforce said patent in a civil action.

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37. Exhibit H is a true and correct copy of the executed assignment of the 100
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Patent from Mr. Moncade to Plaintiff recorded in the United States and Patent Trademark
Office.
38. Plaintiffs products and/or packaging and/or website and/or catalog have been
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marked with the term Patented under patent number D600,100 substantially at all times
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since the issuance of the 100 Patent on September 15, 2009. At no time since the
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issuance of said patent has Plaintiff marketed and/or distributed its Heavy-Classic Hook
without the appropriate patent number.
-7COMPLAINT
39. Exhibit I is a true and accurate copy of a website printout showing Plaintiffs
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Heavy-Classic Hook protected by the 100 Patent offered for sale by and distributed by
Plaintiff at www.ashanging.com, wherein the website clearly illustrates Patented under
patent number D600,100.
40. Discovery is likely to show that Defendants have directly infringed and induced
the infringement by others of the 100 Patent by importing and offering to sell to and
selling to others in and outside the United States, the Safe Rod for Hook as shown in
Exhibit E prior to the expiration of the 100 Patent (the 100 Patent is valid and
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enforceable until September 15, 2023). Defendants Safe Hook for Rod shown in
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Exhibit E literally infringes the 100 Patent and is legally equivalent to the designs claimed
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in the 100 Patent. Defendants Safe Hook for Rod is likely technically inferior to
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Plaintiffs patented Heavy-Classic Hook and sells at a retail price point significantly
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below Plaintiffs retail price, thus disparaging Plaintiffs technology, innovation, and
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pricing structure.
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41. The above-described conduct constitutes infringement of the 100 Patent.

42. Defendants aforesaid acts are without the prior knowledge, consent, or
permission of Plaintiff.
43. Plaintiff has been and will continue to be damaged by Defendants infringement
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of the 100 Patent.

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44. Plaintiff is entitled to and therefore demands damages, costs, and attorneys fees
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as allowable under 35 U.S.C. 284, 285, and 289, including a trebling of any award.
45. This is an exceptional case for purpose of awarding monetary damages, costs,
and attorneys fees.

46. Plaintiff is further entitled to damages in an as yet undetermined amount.

-8COMPLAINT
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if recited herein.
48. David Veilleux (hereinafter Mr. Veilleux) the first named inventor of the 291
Patent. A true and accurate copy of said patent is attached hereto as Exhibit B. Plaintiff is
the exclusive assignee of Mr. Veilleuxs rights under the 291 Patent including the
exclusive right to enforce said patent in a civil action.
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49. Exhibit J is a true and correct copy of the executed assignment of the 291 Patent
from Mr. Veilleux to Plaintiff recorded in the United States and Patent Trademark Office.
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marked with the term Patented under patent number D629,291 substantially at all times
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since the issuance of the 291 Patent on December 21, 2010. At no time since the issuance
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of said patent has Plaintiff marketed and/or distributed its J-End Cable without the
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appropriate patent number.
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51. Exhibit K is a true and accurate copy of a website printout showing Plaintiffs J-
End Cable protected by the 291 Patent offered for sale by and distributed by Plaintiff at
www.ashanging.com, wherein the website clearly illustrates Patented under patent
number D629,291.
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selling to others in and outside the United States, the Clear Nylon Cable, J End and
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Stainless Steel Cable, J End as shown in Exhibit F prior to the expiration of the 291
Patent (the 291 Patent is valid and enforceable until December 21, 2024). Defendants
Clear Nylon Cable, J End and Stainless Steel Cable, J End as shown in Exhibit F
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literally infringes the 291 Patent and is legally equivalent to the designs claimed in the
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291 Patent. Defendants Clear Nylon Cable, J End and Stainless Steel Cable, J End
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are likely technically inferior to Plaintiffs patented J-End Cable and sells at a retail
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price point significantly below Plaintiffs retail price, thus disparaging Plaintiffs
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technology, innovation, and pricing structure.

of the 291 Patent.

and attorneys fees.

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if recited herein.
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60. Mr. Veilleux is the first named inventor of the 548 Patent. A true and accurate
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copy of said patent is attached hereto as Exhibit C. Plaintiff is the exclusive assignee of
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Mr. Veilleuxs rights under the 548 Patent including the exclusive right to enforce said
patent in a civil action.
61. Exhibit L is a true and correct copy of the executed assignment of the 548 Patent
from Mr. Veilleux to Plaintiff recorded in the United States and Patent Trademark Office.
marked with the terms Patented under patent numbers D699,548 and D602,345
substantially at all times since the issuance of the 548 Patent on February 18, 2014. At no
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time since the issuance of said patent has Plaintiff marketed and/or distributed its Mini
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Hook without the appropriate patent number.

63. Exhibit M is a true and accurate copy of a website printout showing Plaintiffs
Mini Hook protected by the 548 Patent offered for sale by and distributed by Plaintiff at
numbers D699,548 and D602,345.
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selling to others in and outside the United States, the Mini Hook with Side Screw as
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shown in Exhibit G prior to the expiration of the 548 Patent (the 548 Patent is valid and
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enforceable until February 18, 2028). Defendants Mini Hook with Side Screw shown
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in Exhibit G literally infringes the 548 Patent and is legally equivalent to the designs
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claimed in the 548 Patent. Defendants Mini Hook with Side Screw is likely
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technically inferior to Plaintiffs patented Mini Hook and sells at a retail price point
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significantly below Plaintiffs retail price, thus disparaging Plaintiffs technology,
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innovation, and pricing structure.

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of the 548 Patent.

and attorneys fees.

70. Plaintiff is further entitled to damages in an as yet undetermined amount
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if recited herein.
72. Mr. Veilleux is the first named inventor of the 345 Patent. A true and accurate
copy of said patent is attached hereto as Exhibit D. Plaintiff is the exclusive assignee of
Mr. Veilleuxs rights under the 345 Patent including the exclusive right to enforce said
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patent in a civil action.

73. Exhibit N is a true and correct copy of the executed assignment of the 345
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Patent from Mr. Veilleux and Mr. Moncade to Plaintiff recorded in the United States and
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Patent Trademark Office.
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marked with the terms Patented under patent numbers D699,548 and D602,345
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substantially at all times since the issuance of the 345 Patent on October 20, 2009. At no
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time since the issuance of said patent has Plaintiff marketed and/or distributed its Mini
Hook without the appropriate patent number.
75. Exhibit M is a true and accurate copy of a website printout showing Plaintiffs
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Mini Hook protected by the 345 Patent offered for sale by and distributed by Plaintiff at
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numbers D699,548 and D602,345.

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selling to others in and outside the United States, the Mini Hook with Side Screw as
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shown in Exhibit G prior to the expiration of the 345 Patent (the 345 Patent is valid and
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enforceable until October 20, 2023). Defendants Mini Hook with Side Screw shown in
Exhibit G literally infringes the 345 Patent and is legally equivalent to the designs
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claimed in the 345 Patent. Defendants Mini Hook with Side Screw is likely
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technically inferior to Plaintiffs patented Mini Hook and sells at a retail price point
significantly below Plaintiffs retail price, thus disparaging Plaintiffs technology,
innovation, and pricing structure.
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of the 345 Patent.

and attorneys fees.

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Violation of Consumer Protection Act

83. Plaintiff repeats and realleges each and every allegation of paragraphs 1 - 82 as if
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recited herein.
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84. Plaintiff has invested and continues to invest considerable resources developing
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its product line and marketing that line to consumers. A portion of the resources are used
to develop the look and feel of Plaintiffs website and the photography used on the website
to promote Plaintiffs products.
85. Defendants have recognized and will continue to recognize Plaintiff's success,
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innovation, and goodwill in the high-end hanging display industry, and in a brazen and
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improper effort to capitalize on Plaintiff's hard-earned success, Defendants have created

their websites (mbs-hanging-systems.com and mbs-standoffs.com) to copy both the
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look and feel of Plaintiffs website. In this regard, Defendants deliberately and
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intentionally copied Plaintiffs website with respect to naming conventions of products,

color scheme, layout and arrangement, and visual presentation in a ploy to confuse
consumers and rob the goodwill of Plaintiff.
86. Defendants have willfully bypassed good faith efforts to provide legitimate
competition to Plaintiff by copying Plaintiff's recipe for success. Moreover, Defendants
have blatantly and deliberately copied Plaintiff's product line as a blueprint for their own
product line.
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87. In addition, Plaintiff was granted the exclusive right from a conveying third party
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to market and distribute in the United States a line of products marketed under the "Click
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Rail System" name. Plaintiff has had this exclusive right continuously for over 15 years.
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88. Exhibit O is a true and accurate copy of website printouts showing Plaintiffs
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Click Rail System, and its components, offered for sale by and distributed by Plaintiffs
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website at www.ashanging.com.
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89. Defendants willfully, and without the prior knowledge or consent of the Plaintiff
have blatantly copied the Click Rail System name and offered competing products for sale
since at least as early as September 2, 2015.
90. Exhibit P is a true and accurate copy of website printouts showing Defendants
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use of Plaintiff's Click Rail System. In fact, Defendants' Click Rail System, offered for
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sale by and distributed by Defendants at mbs-hanging-systems.com and/or mbs22

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standoffs.com, is virtually identical to Plaintiff's Click Rail System in name, structure,

and design.
91. Further, Defendants have willfully, and without the prior knowledge or consent
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of the Plaintiff, unlawfully copied digital images from Plaintiff's website at least as early
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as September 2, 2015. Exhibit Q is a true and accurate copy of website printouts
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illustrating Plaintiffs website next to Defendants' website in a side-by-side comparison.
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Notably, the images, color scheme, layout and arrangement of the websites, visual
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presentation of the websites, and domain names are confusingly similar.

92. The above described acts of Defendants, constitute an unfair or deceptive act or
practice and an unfair method of competition in the conduct of trade or commerce in
violation of Californias Business and Professions Code 17200, 17500 et seq. As a
result, Defendants actions have violated the foregoing statutes and thereby injured
Plaintiff in its business and property.
93. Defendants aforesaid acts have been knowing, willful and without Plaintiffs
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permission and have been intended to trade on Plaintiffs goodwill in the State of
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California.
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CLAIM FOR RELIEF, COUNT6
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Federal Unfair Competition

if recited herein.
95. Defendants aforesaid products identified in Exhibits E, F, and G are a false
designation of origin, which is likely to confuse the public into believing that there is an
affiliation, connection, or association between the source of the Defendants aforesaid
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products, and the source of Plaintiffs products protected by the 100, 291, 548, and 345
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Patents as shown in Exhibit A, B, C, and D respectively.

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96. Plaintiff is likely to be damaged by such confusion as to affiliate, connection, or
association of the type described.

97. The Defendants aforesaid acts have been knowing, willful and without
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Plaintiffs prior knowledge or consent and are therefore a violation of the Plaintiffs rights
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under 15 U.S.C 1125(a).
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-15COMPLAINT
PRAYER FOR RELIEF
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WHEREFORE, Plaintiff demands judgment in its favor and against Defendants as
follows:
A.
Entering an Order preliminarily and permanently enjoining Defendants, its
officers, directors, employees, agents, affiliates, subsidiaries, parents, successors,
representatives, and all persons acting or claiming to act on behalf of Defendants or under
Defendants direction, from directly or contributorily, or inducing infringement of
Plaintiffs 100, 291, 548, and 345 Patents:
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(1)
Defendants to cease selling or offering for sale in the United States its
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infringing Safe Hook for Rod, Clear Nylon Cable, J End, Stainless Steel Cable,
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J End, and Mini Hook with Side Screw products;
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(2)
Defendants to cease manufacturing its infringing Safe Hook for Rod,
Clear Nylon Cable, J End, Stainless Steel Cable, J End, and Mini Hook with
Side Screw products in the United States for sale both inside and outside the United
States;
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(3)
Defendants to recall all infringing products with respect to the Safe
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Hook for Rod, Clear Nylon Cable, J End, Stainless Steel Cable, J End, and
Mini Hook with Side Screw products from all distributors, dealers, retailers to
whom it delivered the aforesaid products to in and outside the United States and for
said products to be destroyed;
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Defendants to disclose the full identity, in writing, of any such
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manufacturer and/or importer from whom Defendants have purchased any of the
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accused products;
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(5)
Defendants to file and serve a report in writing under oath setting forth,
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in detail, the manner and form in which the Defendants have complied with the
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injunction;
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(6)
Defendants to turn over to Plaintiff all molds, shop drawings, technical
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drawings, production tooling, and dies utilized in the manufacturing of the

infringing products, namely, the Safe Hook for Rod, Clear Nylon Cable, J End,
Stainless Steel Cable, J End, and Mini Hook with Side Screw products.
B.
Entering a judgment in favor of Plaintiff and against Defendants on Plaintiffs
First, Second, Third, Fourth, Fifth, and Sixth Claim for Relief for damages pursuant to 35
U.S.C. 284 in an amount to be determined at trial, but in no event less than a reasonable
royalty for infringement of the 100, 291, 548, and 345 Patents;
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C.
Entering a judgment in favor of Plaintiff and against Defendants for treble
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damages pursuant to 35 U.S.C. 284 for Defendants willful and deliberate patent
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infringement;
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D.
Entering a judgment in favor of Plaintiff and against Defendants that this case
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is an exceptional case and that the Plaintiff be awarded its attorneys fees in this action
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pursuant to 35 U.S.C. 285; and,
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E.
Awarding Plaintiff such other and further relief as the Court deems just and
equitable.
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Respectfully submitted,
James A. Italia
ITALIA IP
Counsel for Plaintiff, 152310 Canada Limitee
Burbank, CA 91505
Telephone: (818) 973-2720
Fax: (818) 973-2702
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Dated: Tuesday, November 10, 2015

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DEMAND FOR JURY TRIAL
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Plaintiff hereby demands a jury trial.
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James A. Italia
ITALIA IP
Counsel for Plaintiff, 152310 Canada Limitee
Burbank, CA 91505
Telephone: (818) 973-2720
Fax: (818) 973-2702
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Dated: Tuesday, November 10, 2015
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-18COMPLAINT
Case 2:15-cv-08763-GHK-AS Document 1-1 Filed 11/10/15 Page 1 of 6 Page ID #:19
EXHIBIT A

USO0D600100S
(12) United States Design Patent (10) Patent N0.:

Moncade
(54) HOOK
(76)
(57)
Inventor:
US D600,100 S
(45) Date of Patent:
Alain Moncade, 4000 St-Ambroise
*1, Sep. 15, 2009
CLAIM
The ornamental design for a hook, as shown and described.
#171, Montreal, Quebec (CA) H4C 2C7

DESCRIPTION
(**)
Term:
14 Years
(21) Appl.No.: 29/326,793

(22) Filed:
Oct. 24, 2008
(51)
LOC (9) Cl.
(52)
US. Cl. ..................................................... ..
................................................ .. 08-05
D8/367
(58)
Field of Classi?cation Search ................ ..
D8/367,
D8/373; 248/214*215,301*304
See application ?le for complete search history.
(56)
References Cited
U.S. PATENT DOCUMENTS
FIG. 8 is bottom plan view thereof;

FIG. 9 is a right side view thereof showing an alternate posi
tion; and,
FIG. 10 is a left side view thereof showing an alternate posi
tion.
The broken line is for illustrative purposes only and forms no
7/2002 Fujikawa et a1. ........... .. D34/35

5/2007 Livingstone et a1. ....... .. D8/367
part of the claimed design.

The surface shading illustrated in the drawings is provided
merely to highlight the contour of the design; it is not intended
5/1968
4,051,953 A *
D320,152 S *
10/1977
9/1991
*
*
1 is a perspective view of hook showing my new design;

2 is a perspective view thereof from a different angle;
3 is a right side view thereof;
4 is a left side view thereof;
5 is a font view thereof;
6 is a back view thereof;
7 is a top plan view thereof;
West ........................ .. 248/308
3,385,547 A *
D459,855 S
D542,630 S
FIG.
FIG.
FIG.
FIG.
FIG.
FIG.
FIG.
* cited by examiner
to be illustrative of texture or gloss.
Primary ExamineriHolly H Baynham

(74) Attorney, Agent, or Firmilames A. Italia; Italia IP
1 Claim, 4 Drawing Sheets
US. Patent
Sep. 15, 2009
Sheet 1 of4
US D600,100 S
US. Patent
US D600,100 S
FIG. 4
US. Patent
Sep. 15,2009
Sheet 3 0f 4
US D600,100 S
FIG. 7
*7
1))
a/
FIG. 8
US. Patent
Sep. 15, 2009
Sheet 4 of4
US D600,100 S
FIG. 9
FIG. 10
EXHIBIT B

USOOD629291 S
(12) United States Design Patent (10) Patent N0.2

Veilleux
(54)
HOOK
(75) Inventor:
US D629,291 S
4* Dec. 21, 2010
D546,l47 S
7/2007 Cullen ........................ .. D8/l6
D587,470 S
3/2009
Croisdale et al. ........... .. D6/3l7
David Veilleux, Stillwater, MN (US)

* cited by examiner
(73) Asmgnee: 152310 Canada, Brossard (CA)
Primary ExamineriHony H Baynham
(4%)
(74) Attorney, Agent, or Firmiltalia IP; James A. Italia
Term:
14 Years
(21) App1.No.: 29/356,951
(57)
(22)
The ornamental design for a hook, as shown and described.
Filed:
Man 4, 2010
(51)
LOC (9) Cl.
(52)
(58)
US. Cl. ..................................................... .. D8/370

Field of Classi?cation Search ................ .. D8/367,
CLAIM
................................................ .. 08-05
D8/373 370; 248/301T304
DESCRIPTION
FIG_ 1 is a perspective View Of a hook, Showing my new

design;
FIG. 2 is a front elevational view of the invention;
FIG. 3 is a rear elevational View of the invention;
(56)
References Clted
FIG. 4 is a left-side elevational view of the invention;
U-S- PATENT DOCUMENTS
FIG. 5 is a right-side elevational view of the invention;
1,172,937 A *
2/1916 Butcher .................... .. 211/113
FIG. 6 is atop plan view of the invention;
D235125 S *
5/1975 SChlaChter
FIG. 7 is a bottom plan view ofthe invention; and,
4,714,221
D343all3 S
D357,402 S
*
*
12/1987
Cawrey
138/370
248/22042
1/1994 Brooks
4/1995 Roethler ..
____ __ 138/370
D8/370
FIG. 8 is a perspective View of the invention, shown in its

enViI'OIlmeIlI.
13378950 S *
2/1997 RICheson '
138/367
The broken line showing of a partial rope is included for the
13422388 S
4/2000 ounen """"" "
D8667
ose of illustratin environment and forms no
D455,947 s *
4/2002 Goodman et a1.
.. D8/367
PIMP
D458,116 s *
6,659,414 B1 *
6/2002 Roethler ....... ..

12/2003 Guilmette
D8/367
.. 248/303
C alme
D524,636 S *
7/2006 Burnett ...................... .. D8/370
dd
Ign
art of the
US. Patent
Dec. 21, 2010
Sheet 1 014
US D629,291 S
US. Patent
(KKK
_
(C
Dec. 21, 2010
Sheet 2 0f4
US D629,291 S
US. Patent
Dec. 21 2010
Sheet3 0r4
FIG. 6
FIG. 7
FIG. 5
US. Patent
Dec. 21, 2010
Sheet 4 0f 4
US D629,291 S
EXHIBIT C

USO0D699548S
(12) United States Design Patent (10) Patent N0.2

Veilleux et al.
US D699,548 S
45 Date of Patent:
(54)
SLOTTED
_ MINI-HOOK
.
.
(71)
Appl1cants.Dav1d Vellleux, St1llWater, MN (US),
D600,l00
,
g
S
Alalll Mollcade, Brossard (CA)
Inventors: Alan
David
- Moncade
VeilleuX, StillWater,
Brossard (CA)
MN (US);
(**)
Term:
(21)
Appl. No.: 29/443,828
14 Years
9/2009
Moncade
?lein
aZZocco
6t a1~ .. .................. .. D8/367
13601380 S * 10/2009 Veilleux
D8667
D602,395 s * 10/2009 Wang .... ..
1311/139
D604,l39 S
(72)
i*
*9: Feb. 18 a 2014
D683,207
,
gs i*
ll/2009 Forsythe .
D8/l05
5/2013 E1088
Papadopoulos
ager eta. ~ ~ ...................
..
. . ... . D8/367
* cited by examiner
Primary Examiner * Cynthia Underwood

(74) Attorney, Agent, or Firm * James A. Italia; Italia IP
(22) Filed:
(51)
(52)
(57)
CLAIM
LOC (10) Cl. .............................................. .. 08-05
The Ornamental design fora 510 He d minbhook, as Shown and
US Cl
described.
USPC
(58)
Jan. 23, 2013
......................................................... ..
D8/367
Field of Classi?cation Search
DESCRIPTION
USPC .......... .. D8/367, 354, 349, 373, 372; D6/323;
248/301i304, 339, 2053

(56)
References Cited
FIG. 4 is a front elevational vieW of the invention;

FIG. 5 is a rear elevational vieW of the invention;

S
3/1990
13354677 s
13306589
1/1995 Troyer ....... ..
5,682,652 A
FIG. 1 is a perspective vieW of a slotted mini-hook, showing

0111 neW design;
FIG. 2 is a right-side elevational vieW of the invention;
FIG. 3 is a left-side elevational vieW of the invention;
Andersen
Hamann

138/363
FIG. 7
6 1s a bottom plan v1eW ofthe 1nvent1on.
... D8/396
11/1997 Brody et a1. .................. .. 24/300
US. Patent
Feb. 18, 2014
Sheet 1 of3
US D699,548 S
US. Patent
Feb. 18, 2014
Sheet 2 of3
US D699,548 S
FIG. 3
FIG. 2
US. Patent
Feb. 18, 2014
FIG. 4
Sheet 3 of3
US D699,548 S
FIG. 5
EXHIBIT D

USO0D602345S
(12) United States Design Patent (10) Patent N0.:

Veilleux et a].
(54)
US D602,345 S
SWIVEL HOOK
D491,049 S
*9: Oct. 20, 2009
6/2004 Kung ........................ .. D8/367
D500,244 S * 12/2004 Yoshiguchi

Inventors: David VeilleuX Stillwaters MN
D579,763 S *
Alain Moncade, Montreal (CA)
D8/367
11/2008 Uehara 6t
.............. .. 138/367
* Cited by examiner
(73) Assignee: 152310 Canada, Brossard (CA)
Primary ExamineriRobert M Spear

Assistant ExamineriBarbara B Lohr
(**)
Term:
14 Years
(74) Attorney, Agent, or Firmilames A. Italia; ltalia IP
(21) Appl. N0.: 29/337,966
(57)
(22)
The ornamental design for a swivel hook, as shown and

described.
Filed:
JllIl- 2, 2009
(51)
LOC (9) Cl.
(52)
US. Cl. .................................... ..
(58)
Field of Classi?cation Search ................ .. D8/367,
................................................ .. 08-05
..
D8/367
D8/371, 373, 382; 205/253; 24/265, 265 H,

24/298, 373, 598.4, 598.7, 599.1, 599.2,
24/5995, 5996 5997 5998 5994 6001

24/6012, 6003, 6009; 52/698; 248/328;
472/118; 482/91; 294/82.1, 82.11, 1; 114/249;

_
CLAIM
428/100
DESCRIPTION
FIG 1 is a perspective View of a Swivel hook, Showing my
new design;
.
FIG. 2 is a front elevational v1ew ofthe'mven'tion,

FIG. 3 1s a rear elevatlonal v1ew ofthe 1nvent1on;
FIG. 4 is a left-side elevational view ofthe invention;

FIG. 5 is a right-side elevational view of the invention;
_
FIG. 6 1s a bottom plan v1ew of the 1nvent1on;
(56)
References Cited
D308,471 S
6/1990
Murai
D355,585 S
2/1995
Tcrada ct a1.
.... .. D8/367
5,398,389 A *
3/1995 Terada et a1.
24/5998
5,450,661 A *
9/1995
Rekuc ....... ..
5,533,934
7/1996
Miller
24/5996
.....
. . . .. 472/118
5,588,188 A * 12/1996 Jermyn, Jr.

D402,189 S * 12/1998 IZurni
24/5987
D8/382
D472,452 S
....................... .. D8/367
4/2003
Chou
........................ .. D8/367
FIG. 7 is a top plan view of the invention;

FIG. 8 is a perspective view of the invention, showing the
device in an alternate position;
device in an alternate position; and,
device in an alternate position.
US. Patent
0a. 20, 2009
Sheet 1 of4
FIG. 1
US D602,345 S
US. Patent
0a. 20, 2009
Sheet 2 of4
US D602,345 S
US. Patent
0a. 20, 2009
FIG. 4
Sheet 3 of4
US D602,345 S
FIG. 5
I /
FIG. 6
FIG. 7
US. Patent
0a. 20, 2009
Sheet 4 of4
US D602,345 S
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT J
EXHIBIT K
EXHIBIT L
EXHIBIT M
EXHIBIT N
EXHIBIT O
EXHIBIT P
EXHIBIT Q

Canada v. HTM Lighting - Complaint

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Case 2:15-cv-08763-GHK-AS Document 1 Filed 11/10/15 Page 1 of 18 Page ID #:1

James A. Italia (SBN 212,815)

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

Case No.: 2:15-cv-08763

Plaintiff, 152310 Canada Limitee, a federal corporation in Quebec, Canada,

(hereinafter Plaintiff), for its complaint against Defendants Laure A. Merminod

(hereinafter Ms. Merminod), Jean Phillipe Merminod (hereinafter Mr. Merminod),

HTM LIGHTING, LLC, doing business as mbs-hanging-systems.com or mbs-

standoffs.com (hereinafter collectively referred to as Defendants) alleges as follows:

Case 2:15-cv-08763-GHK-AS Document 1 Filed 11/10/15 Page 2 of 18 Page ID #:2

1. Plaintiff, also known as 152310 Canada, is a federal corporation of Canada,

having an address of 3600 Matte Blvd., Unit L, Brossard QC J4Y 2Z2.

HTM Lighting, LLC, a corporation of Florida, having a business address of 6420

Benjamin Road, Tampa, FL 33634.

4. On information and belief, Defendants occasionally do business under its

and/or domain names mbs-hanging-systems.com and mbs-standoffs.com.

having an address at 4709 Rue Bordeaux, Lutz, Florida 33558.

JURISDICTION AND VENUE

Code 17500. Further, Defendants regularly do business or solicit business, engage in

services provided to individuals in this District and in this State.

Case 2:15-cv-08763-GHK-AS Document 1 Filed 11/10/15 Page 3 of 18 Page ID #:3

the Central District of California.

libraries, civic and commercial buildings, museums, and private residences.

invested hundreds of thousands of dollars annually in research and development focused

on creating the future of hanging and display solutions.

12. AS Hanging is a corporation of Delaware, having a business address of 8396

Design Patents are at issue in this litigation.

Case 2:15-cv-08763-GHK-AS Document 1 Filed 11/10/15 Page 4 of 18 Page ID #:4

incorporated herein by reference.

embodiment of the 100 Patent through its website at ashanging.com.

ornamental design embodied in the HOOK.

incorporated herein by reference.

embodiment of the 291 Patent through its website at ashanging.com.

which claims the ornamental design embodied in the SLOTTED MINI-HOOK.

incorporated herein by reference.

embodiment of the 548 Patent through its website at ashanging.com.

Case 2:15-cv-08763-GHK-AS Document 1 Filed 11/10/15 Page 5 of 18 Page ID #:5

which claims the ornamental design embodied in the SWIVEL HOOK.

incorporated herein by reference.

embodiment of the 345 Patent through its website at ashanging.com.

consumer hanging and display apparatuses. As will be demonstrated below, Defendants

27. Defendants actions have caused harm to Plaintiff, as alleged below, by

at mbs-hanging-systems.com and/or mbs-standoffs.com.

Exhibit A, attached hereto, to the public at mbs-hanging-systems.com and/or mbs21

standoffs.com. Exhibit E is a true and accurate copy of a website printout from

Cable, J End that is substantially identical in external, functional, and nonfunctional

Case 2:15-cv-08763-GHK-AS Document 1 Filed 11/10/15 Page 6 of 18 Page ID #:6

Cable, J End product offered for sale by and distributed by Defendants.

identical in external, functional, and nonfunctional appearance to Plaintiffs 548 Patent as

shown in Exhibit C, attached hereto, to the public at mbs-hanging-systems.com and/or

mbs-standoffs.com. Exhibit G is a true and accurate copy of a website printout from

by and distributed by Defendants.

identical in external, functional, and nonfunctional appearance to Plaintiffs 345 Patent as

shown in Exhibit D, attached hereto, to the public at mbs-hanging-systems.com and/or

mbs-standoffs.com. Exhibit G is a true and accurate copy of a website printout from

by and distributed by Defendants.

345 Patents shown in Exhibits A, B, C, and D, respectively, attached hereto, in this

Plaintiffs website at www.ashanging.com. To that end, Defendants have gone so far as

Case 2:15-cv-08763-GHK-AS Document 1 Filed 11/10/15 Page 7 of 18 Page ID #:7

Court enjoins Defendants from further infringing activities.

CLAIM FOR RELIEF, COUNT 1

Design Patent Infringement