Nuki v. Delsey Luggage - Complaint

Case 3:16-cv-01997-JAH-NLS Document 1 Filed 08/09/16 Page 1 of 13
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TREVOR Q. CODDINGTON, PH.D. (CSB NO. 243042)

trevorcoddington@sandiegoiplaw.com
JAMES V. FAZIO, III (CSB NO. 183353)
jamesfazio@sandiegoiplaw.com
SAN DIEGO IP LAW GROUP LLP
12526 High Bluff Drive, Suite 300
San Diego, CA 92130
Telephone: (858) 792-3446
Facsimile: (858) 792-3501
Attorneys for Plaintiff,
NUKI, INC.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
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NUKI, INC., a California corporation,
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CASE NO.
Plaintiff,
'16CV1997 JAH NLS
COMPLAINT FOR:
vs.
DELSEY LUGGAGE, INC.; a Delaware
corporation; MACYS INC., a Delaware
corporation; MACYS RETAIL HOLDINGS,
INC., a New York corporation; INDEX
URBAN, form unknown; THE LUGGAGE
CENTER, form unknown; BERGMAN
LUGGAGE, form unknown; and SAN
DIEGO LUGGAGE LLC, form unknown,
and DOES 1-10, inclusive,
(1) PATENT INFRINGEMENT;

(2) FEDERAL FALSE ADVERTISING
AND UNFAIR COMPETITION;
(3) CALIFORNIA UNFAIR
COMPETITION; AND
(4) COMMON LAW UNFAIR
COMPETITION;
DEMAND FOR JURY TRIAL
Defendants.
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COMPLAINT
Plaintiff Nuki, Inc. (Nuki) hereby complains of Defendant Delsey Luggage, Inc. a/k/a
Delsey USA (Delsey) and Macys Inc. (Macys), Macys Retail Holdings, Inc. (Macys
Retail Holdings), Index Urban (Index Urban), The Luggage Center (the Luggage Center),
Bergman Luggage (Bergman), and San Diego Luggage (San Diego Luggage) (collectively,
the Defendants) and alleges as follows:

NATURE OF THE ACTION
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1.
States, 35 U.S.C. 271, et seq. and related federal, state and common law causes of action.
THE PARTIES
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This is an action for design patent infringement under the patent laws of the United
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Nuki is a California corporation with its principal place of business located at
12702 Via Cortina Way, Suite 203, Del Mar, California 92014.
3.
Nuki is informed and believes and based thereon alleges that Defendant Delsey is
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a corporation organized and existing under the laws of the State of Delaware with its principal
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place of business located at 6090 Dorsey Road, Suite C, Hanover, Maryland 21076. On
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information and belief, Delsey is a wholly-owned subsidiary of Delsey S.A., a French company
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located in Tremblay-en-France in the suburbs of Paris. On information and belief, Delsey may
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be served via its registered agent for service The Corporation Trust Company, Corporation Trust
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Center, 1209 Orange Street, Wilmington, Delaware 19801.
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4.
Nuki is informed and believes and based thereon alleges that Defendant Macys
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Inc. is a corporation organized and existing under the laws of the State of Delaware with its
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principal place of business located at 7 W. Seventh Street, Cincinnati, Ohio 45202 and San
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Diego retail store locations at 4333 La Jolla Village Drive, San Diego, California 92122, 1555
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Camino Dela Reina, San Diego, California 92108, and 160 Horton Plaza, San Diego, California
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92101.
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5.
Nuki is informed and believes and based thereon alleges that Defendant Macys
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Retail Holdings, Inc. is a corporation organized and existing under the laws of the State of New
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York with its principal place of business located at 7 W. Seventh Street, Cincinnati, Ohio 45202.
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Macys Inc. and Macys Retail Holdings, Inc. are referred to collectively herein as Macys.
-1COMPLAINT
Macys may be served via its registered agent for service Corporation Service Company, 2711
Centerville Road, Suite 400, Wilmington, Delaware 19808.
6.
Nuki is informed and believes and based thereon alleges that Defendant Index
Urban is a corporation form unknown with its principal place of business located at 3833 Fourth
Avenue, San Diego, California 92103.
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Nuki is informed and believes and based thereon alleges that Defendant The
Luggage Center is a corporation form unknown with its principal place of business located at
8657 Villa La Jolla Drive, Suite 219, La Jolla, California 92037.
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Nuki is informed and believes and based thereon alleges that Defendant Bergman
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Luggage is a corporation form unknown with its principal place of business located at 4485 La
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Jolla Village Drive, San Diego, California 92112.
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Nuki is informed and believes and based thereon alleges that Defendant San Diego
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Luggage LLC was formerly a California limited liability company that has or may have
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converted into another corporation form unknown with its principal place of business located at
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356 Horton Plaza, San Diego, California 92101.
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10.
Nuki is informed and believes and based thereon alleges that joinder of all
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Defendants in this single complaint is appropriate under 35 U.S.C. 299 because retailers
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Macys, Index Urban, The Luggage Center, Bergman Luggage, and San Diego Luggage (the
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Retailer Defendants) each sell Delseys infringing products as alleged herein, and thus Nukis
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claims for relief against all Defendants arise out of the same transactions and/or occurrences
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related to the making, using and selling of the same accused products, and questions of fact
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common to all Defendants will thus arise in this action.
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Nuki is ignorant of the true names and capacities of the parties sued herein as
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DOES 1 through 10, inclusive, whether individual, corporate or otherwise, and therefore sues
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these defendants by such fictitious names. Nuki will seek leave to amend the complaint to assert
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their true names and capacities when they have been ascertained. Nuki is informed and believes
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and based thereon alleges that all defendants sued herein as DOES 1 through 10 are in some
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manner responsible for the acts and omissions alleged herein.

-2COMPLAINT
JURISDICTION AND VENUE
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This Court has original and exclusive subject matter jurisdiction over this action
under 28 U.S.C. 1331 and 1338(a) because Nukis claims for patent infringement, trade dress
infringement, and federal unfair competition arise under the laws of the United States, 35 U.S.C.
271 and 15 U.S.C. 1125(a). This Court has supplemental jurisdiction over Nukis state and
common law claims under 28 U.S.C. 1367(a) because the state and common law claims are so
related to the federal claims that they form part of the same case or controversy and derive from a
common nucleus of operative facts.
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This Court has personal jurisdiction over the Defendants because they reside in
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this District and have a continuous, systematic and substantial presence in this District, because
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Defendants regularly conduct business and/or solicit business within this District, because
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Defendants have committed and continues to commit patent infringement, trade dress
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infringement, and unfair competition in this District, including without limitation by selling
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infringing products to consumers in this District and by purposefully directing activities at
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residents of this District, and by placing infringing products into the stream of commerce with the
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knowledge that such products would be sold in California and this District, which acts form a
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substantial part of the events giving rise to Nukis claims.
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Venue is proper in this District under 28 U.S.C. 1391 and 1400(b) because the
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Defendants reside in this District and have a continuous, systematic and substantial presence in
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this District, because the Defendants regularly conduct business and/or solicit business within this
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District, because the Defendants have committed and continue to commit patent infringement,
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trade dress infringement, and unfair competition in this District, including without limitation by
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selling infringing products to consumers and/or retailers in this District and by purposefully
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directing activities at residents of this District, and by placing infringing products into the stream
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of commerce with the knowledge that such products would be sold in California and this District,
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which acts form a substantial part of the events giving rise to Nukis claims. In addition, venue is
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proper because Nukis principal place of business is in this District and Nuki suffered harm in this
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District.
-3COMPLAINT
GENERAL ALLEGATIONS
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Founded in 2010, Nuki designs and sells innovative luggage including a patented
front opening hard shell suitcase.

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On December 16, 2014, the United States Patent & Trademark Office duly and
lawfully issued U.S. Design Patent No. D719,351, entitled Front Accessible Hard Shell
Suitcase (the D351 patent). Nuki is the owner by assignment of the D351 patent, a copy of
which is attached hereto as Exhibit A.
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On information and belief, the Defendants are and have been making, using,
selling, offering for sale, importing and/or selling after importation one or more front opening,
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i.e., top lid opening, hard shell suitcases that infringe the D351 patent, including without
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limitation Delseys Helium Shadow 3.0, Helium Aero, Helium Titanium, and other front opening
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hard shell suitcases (the Accused Products). On information and belief, the Accused Products
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may be purchased directly from Delsey and Macys online through their respective websites (e.g.,
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shop.delsey.com and macys.com/shop) and third party websites such as amazon.com, or from
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various retailers in San Diego, including the Retailer Defendants (among others).
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Delsey has had actual notice of the D351 patent and Nukis allegations of
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infringement since at least May 27, 2016, and possibly sooner. The other Defendants have had
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notice of Nukis patent since at least the filing of this lawsuit and possibly sooner.
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Defendants manufacture, use, sell, offer for sale, import and/or sell after
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importation into the United States front opening hard shell suitcases, including without limitation
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the Accused Products, that infringe Nukis patent and intellectual property rights.
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FIRST CLAIM FOR RELIEF
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(Infringement of U.S. Design Patent No. D719,351)
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(35 U.S.C. 271)
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20.
Nuki repeats, realleges, and incorporates by reference the preceding allegations
above as though set forth fully herein.

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Defendants, by and through their agents, officers, directors, resellers, retailers,
employees and servants, have been and are currently willfully and intentionally infringing the
-4COMPLAINT
D351 patent by making, using, offering to sell, selling, importing into the United States, and/or
selling after importation into the United States the Accused Products, which embody the design
covered by the D351 patent.

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Defendants acts of infringement were undertaken without permission or license
from Nuki. Delsey has had actual notice of the D351 patent and Nukis allegations of
infringement since at least May 27, 2016 and possibly sooner. The remaining Defendants have
had actual notice of infringement since at least the filing date of this complaint and possibly
sooner. Accordingly, Defendants acts constitute willful infringement in violation of 35 U.S.C.
271.
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As the side-by-side comparisons below reveal, Defendants have infringed and
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misappropriated Nukis patented front opening design (shown left) in the Accused Product
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(shown right).
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The D351 Patent
Delsey Helium Shadow 3.0
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-5COMPLAINT
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-6COMPLAINT
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Nuki is informed and believes and based thereon alleges that Defendants
infringement of the D351 patent will continue unless enjoined by this Court.
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By reason of the foregoing infringing acts, Nuki has been damaged, continues to
be damaged, and is entitled to Defendants total profits in accordance with 28 U.S.C. 289 in an
amount to be determined at trial but in excess of the jurisdictional requirement of this Court. In
addition, pursuant to 35 U.S.C. 284, Nuki is entitled to enhanced and treble damages against
Defendants together with interest at the maximum legal rate and costs as fixed by the Court.
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In addition, Nuki is entitled to reasonable attorneys fees incurred in this action
under 35 U.S.C. 285.

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Because of the aforesaid infringing acts, Nuki has suffered and continues to suffer
great and irreparable injury for which there is no adequate remedy at law.
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THIRD CLAIM FOR RELIEF
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(False Advertising and Unfair Competition Under Lanham Act Section 43(a))
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(15 U.S.C. 1125(a))
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Nuki realleges and incorporates by reference the foregoing allegations as though
set forth fully herein.

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Defendants use, making, marketing, advertising and sale of a confusingly similar
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imitation of Nukis patented front opening hard shell suitcases, are likely to cause confusion, or
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to cause mistake, or to deceive the public and consumers as to the affiliation, connection, or
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association between one or more Defendants and Nuki, or as to the origin, sponsorship, or
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approval of Defendants Accused Products by Nuki and constitute false advertising and unfair
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competition in violation of 15 U.S.C. 1125(a). In fact, on March 21, 2016, Mr. Seymour
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Daiches (the luggage buyer for Macys) sent an email to Nuki admitting that [t]here are similar
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systems out there that do similar things as a top opening case. We currently carry Delsey
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Shadow, which is a hardside top opening case. See, Exhibit B (emphasis added).
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Unless enjoined by this Court, Defendants activities are likely to confuse,
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mislead, and deceive the public and consumers into believing that Defendants Accused Products
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have been sponsored, approved, authorized, or licensed by Nuki in violation of 15 U.S.C.

-7COMPLAINT
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1125(a).
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Defendants actions were undertaken and continue to be undertaken with the intent
to cause confusion, and to mislead and deceive the purchasing public and therefore constitute
intentional, willful and deliberate false advertising and unfair competition pursuant to 15 U.S.C.
1125(a).
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Nuki is informed and believes and based thereon alleges that Defendants have
derived and continue to derive gains, profits and advantages from their unfair competition in an
amount subject to proof at trial but in excess of the jurisdictional requirement of the Court.
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Due to Defendants acts constituting false advertising and unfair competition, Nuki
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has suffered and continues to suffer great and irreparably injury for which there is no adequate
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remedy at law.
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FOURTH CLAIM FOR RELIEF
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(California Unfair Competition)
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(Cal. Bus. & Prof. Code 17200 et seq.)
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Defendants use, making, marketing, advertising and sale of a confusingly similar
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imitation of Nukis patented front opening hard shell suitcases are likely to cause confusion, or
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to cause mistake, or to deceive the public and consumers as to the affiliation, connection, or
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association between one or more Defendants and Nuki, or as to the origin, sponsorship, or
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approval of Defendants Accused Products by Nuki and thus constitute unfair competition in
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violation of California Bus. & Prof. Code 17200 et seq. In fact, on March 21, 2016, Mr.
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Seymour Daiches (the luggage buyer for Macys) sent an email to Nuki admitting that [t]here
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are similar systems out there that do similar things as a top opening case. We currently carry
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Delsey Shadow, which is a hardside top opening case. See, Exhibit B (emphasis added).
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36.
Nuki is informed and believes and based thereon alleges that by virtue of
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Defendants acts of unfair competition in violation of California Bus. & Prof. Code 17200 et
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seq., Defendants have derived and continue to derive gains, profits and advantages in an amount
-8COMPLAINT
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subject to proof at trial but in excess of the jurisdictional requirement of the Court.
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Due to Defendants acts constituting unfair competition, Nuki has suffered and
continues to suffer great and irreparably injury for which there is no adequate remedy at law.
Nuki is entitled to injunctive relief and to restitution and disgorgement of Defendants ill-gotten
gains, including Defendants profits, and to recover Nukis damages, costs and reasonable
attorneys fees.
FIFTH CLAIM FOR RELIEF
(Common Law Unfair Competition)
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Defendants acts alleged herein constitute common law unfair competition and
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have created and will continue to create, unless enjoined by this Court, a likelihood of confusion
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as to the source, sponsorship, affiliation or connection between Defendants Accused Products
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and Nukis front opening hard shell suitcases, to the great and irreparable injury of Nuki for
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which Nuki has no adequate remedy at law. In fact, on March 21, 2016, Mr. Seymour Daiches
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(the luggage buyer for Macys) sent an email to Nuki admitting that [t]here are similar systems
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out there that do similar things as a top opening case. We currently carry Delsey Shadow,
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which is a hardside top opening case. See, Exhibit B (emphasis added).
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40.
Defendants have acted and continue to act with knowledge and awareness of
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Nukis D351 patent and Nukis federal, state and common law rights to Nukis front opening
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hard shell suitcases and without regard to the likelihood of confusion of the public created by
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Defendants.
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Defendants actions demonstrate an intentional, willful and malicious intent to
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trade on the goodwill associated with Nukis front opening hard shell suitcases to the great and
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irreparable injury of Nuki.
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As a result of Defendants misconduct, Nuki has been damaged in an amount
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subject to proof at trial but in an amount in excess of the jurisdictional requirement of this Court.
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At a minimum, however, Nuki is entitled to injunctive relief, and an accounting of Defendants

-9COMPLAINT
profits, damages and costs. Further, in light of the deliberately malicious use, marketing and sale
of a confusingly similar imitation of Nukis front opening hard shell suitcases and the need to
deter such misconduct in the future, Nuki is also entitled to punitive and exemplary damages.
PRAYER FOR RELIEF
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WHEREFORE, Nuki prays for judgment against Defendants as follows:
(a)
An Order adjudging Defendants to have infringed the D351 patent under 35
U.S.C. 271;
(b)
An Order adjudging Defendants to have willfully infringed the D351 patent under
35 U.S.C. 271;
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(c)
An Order adjudging Defendants to have committed false advertising and unfair
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competition under 15 U.S.C. 1125(a), an Order adjudging Defendants to have committed unfair
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competition in violation of Cal. Bus. & Prof. Code 17200 et seq., an Order adjudging
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Defendants to have committed common law unfair competition;
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(d)
A permanent injunction under 35 U.S.C. 283 enjoining Defendants, their
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officers, directors, agents, servants, resellers, retailers, employees and attorneys, and those
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persons acting in concert or participation with them, from infringing the D351 patent in violation
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of 35 U.S.C. 271;
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(e)
A permanent injunction enjoining Defendants, their officers, directors, agents,
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servants, resellers, retailers, employees and attorneys, and those persons acting in concert or
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participation with them, from making, using, selling, offering for sale, importing and/or selling
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after importation front-opening hardshell suitcases that infringe the D351 patent or that are
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confusingly similar imitations of Nukis patented front-opening hardshell suitcases in violation of
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false advertising and unfair competition laws under 15 U.S.C. 1125(a), California unfair
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competition laws under Cal. Bus. & Prof. Code 17200 et seq., and/or common law unfair
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competition laws;
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(f)
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An award to Nuki of Defendants total profits in accordance with 35 U.S.C. 289,
and that Defendants pay to Nuki all damages suffered by Nuki;

(g)
An order for a trebling of damages and/or enhanced damages due to Defendants

-10COMPLAINT
willful infringement under 35 U.S.C. 284;
(h)
Compensatory, punitive, and exemplary damages against Defendants;
(i)
An Order adjudicating that this is an exceptional case;
(j)
An award to Nuki of all attorneys fees and costs incurred by Nuki in connection
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with this action under 35 U.S.C. 285;

(k)
An award of pre-judgment and post-judgment interest and costs of this action
against Delsey; and

(l)
For such other and further relief as the Court deems just and proper.
Dated: August 9, 2016
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By: /s/Trevor Coddington

JAMES V. FAZIO, III
TREVOR Q. CODDINGTON, PH.D.
NUKI, INC.
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-11COMPLAINT
DEMAND FOR JURY TRIAL
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Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Nuki hereby demands a trial
by jury of all issues so triable.
Dated: August 9, 2016
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By: /s/Trevor Coddington

JAMES V. FAZIO, III
TREVOR Q. CODDINGTON, PH.D.
NUKI, INC.
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-12COMPLAINT
Case 3:16-cv-01997-JAH-NLS Document 1-1 Filed 08/09/16 Page 1 of 1
CIVIL COVER SHEET
JS 44 (Rev. 12112)
The JS 44 civil cover sheet and the infornlation 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 U1lttatU1g the CIVil docket sheet. (SFI"lNSTRUC110NS ON NEXf PAGE OF THIS FORM)
I. (a) PLAINTIFFS
Nuki, Inc.
DEFENDANTS
Delsey Luggage, Inc.; Macy's Inc.; Macy's Retail Holdings, Inc.; Index
Urban; The Luggage Center; Bergman Luggage; San Diego Luggage
LLC
,...S"'a!.Ln'--""
D"'ie""g"'o"---_ ___ _ _
(b) County of Residence of First Listed Plaintiff

f/:XCEPTIN
County of Residence of First Listed Defendant
u.s. PLAINlIFFCASES)
(IN US. ?T.AINl1FF CASES ONLY)

NOTE:
IN LAND CONDEMNATION CASES, USE THE LOCAT[ON OF

THE TRACT OF LAND INVOLVE D.
(c) Attorneys (Firm Name, Address, and Telephone Numbel)

San Diego IP Law Group LLP
12526 High Bluff Drive, Suite 300
San Diego, CA 92130 (858) 792-3446
II. BASIS OF JURISDICTION.rPlaeean
u.s. Govenunent
~ 3
Plaintiff
U.S. Govemment
Defendant
"X" in One Box Only)
Federal Question
(U.s. Government Not
CONTRACT
V. 0 RI G IN (Place an
Parzy)
PRISONER PETITIONS
Habeas Corpus:
o 463 Alien Detainee
o 510 Motions to Vacate
Sentence
o 530 General
o 535 Death Penalty
Other:
o 540 Mandamus & Other
o 550 Civil Rights
o 555 Prison Condition
o 560 Civil DetaineeConditions of
Confinement
C itizen of Another State
Citizen or Subject of a
Forei l'fl CowltI '
FORFEITlIRE/PENALTY
PERSONAL INJURY
o 365 Personal Injury Product Liability
o 367 Health Carel
Phannaceutical
Personal Injury
Product Liability
o 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
o 370 Other Fraud
o 371 Tnnh in Lending
o 380 Other Personal
Property Damage
385 Property Damage
Product LiabililY
DEF
o
o
625 Drug Related Seizme

of Property 21 USC 881
690 Other
"X" in One BoxforPlall1tiff

and One Box for Defendan/j
PTF
DEF
Incorporated or Principal Place
0 4
0 4
of Business [n This State
Incorporated and Principal Place

of Business In Another State
050
Foreign Nation
422 Appeal 28 USC 158

423 Withdrawal
28 USC 157
PROPERTY RIGHTS
o 820 Copyrights
M 830 Patent
o 840 Trademark
0
0
0
0
0
0
0
0
o
o
o
o
o
o
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
o
o
o
o
o
o
o
o
SOClALSE'lIRITY
861 HIA (1395ff)
862 Black Lung (923)
863 DlWC/DlWW (405(g
864
Title XVI
865 RSI (405(g)
ssm
FEDERAL TAX SurTS

870 Taxes (U.S . Plaintiff
or Defendant)
871 [RS-lllird Party
26 USC 7609
06
OTHER STATUTES
BANKRUPTCY
o
0
0
0
0
0
0
0
375 False Claims Act

400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 CQusmne-r Credit
490 CablelSat TV
850 Securities!Commodities!
Exchange
890 Other StatutOlY Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom ofblformation
Act
896 Arbirration
899 Admlnistl'3.tive Procedure
ActlReview or Appeal of
Agency Decision
950 Constitntionahty of
State Statutes
IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions
"X" in One Box Only)
0 2 Removed from
Proceeding
(For D,versity Cases Only)

PTF
Citizen of This State
0 I
"X" in Olle Box Only)

TORTS
PERSONAL INJURY
0 110 Insurance
o 310 Airplane
0 120 Marine
o 3 15 Airplane Product
0 130 Miller Act
Liability
0 140 Negotiable Instrument
o 320 Assault. Libel &
0 150 Recovery of Overpayment
& Enforcement of Judgment
Slander
o 330 Federal Employers'
0 151 Medicare Act
Liability
0 152 RecovelY of Defaulted
Student Loans
0340 Marine
(Excludes Veterans)
345 Marine Product
0 153 Recove,y of Overpayment
Liability
of Veteran's Benefits
o 350 Motor Vehicle
o 355 Motor Vehicle
0 160 Stockholders' Suits
Product Liability
0 190 Other Conrract
o 195 Contract Product Liability o 360 Other Personal
196 Francbise
Injury
o 362 Personal Injury Medical Malpractice
REAL PROPERTY
CIVIL RIGHTS
o 210 Land Condenmation
o 440 Otller Civil Rights
o 220 Foreclosure
0441 Voting
o 230 Rent Lease & Ejectment
o 442 Employment
o 240 Torts to Land
o 443 Housing!
o 245 Tort Product Liability
Accommodations
o 290 All Other Real Propeny
o 445 Arner. w/ DisabilitiesEmployment
o 446 Amer. w!Disabilities Other
o 448 Education
)!( 1 Original
(J
III. CITIZENSHIP OF PRINCIPAL PARTIES (?Taeean
Diversity
(Indicate Citizenship of Parties in [tem Ill)
IV NATURE OF SUIT (Place an
'16CV1997 JAH NLS
Attorneys (If Known)
State Court
Remanded from
Appellate Court
4 Reinstated or
Reopened
5 Transferred from
6 Multidistrict
Another District
Litigation
(.<pecify)
Cite the U.S. Civil Statute under which you are filing (Do 1I0t citejur;"dictiollal statutes illlleofs diversity):
VI
CAUSEOFACTION~3~5~U~.S~.~
C~.2~7~1~---------------------------------------------------------.
Brief description of cause:
patent infrigement and related claims

VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
CHECK IF TillS IS A CLASS ACTION

UNDER RULE 23, FRCvP
CHECK YES on ly if demanded in complaint:
DEMAND $
JURY DEMAND:
)!!I Yes
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(See instructions):
DATE
08/09/2016
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
APPLYING IFP
JUDGE
IvIAG. JUDGE
--------
Exhibit A

111111
1111111111111111111111111111111111111111111111111111111111111
USOOD719351S
(12)
United States Design Patent
(10)
Hailwood
(45)
Patent No.:
Date of Patent:
US D719,351 S
** Dec. 16,2014
D639,555
8,083,040
8,118,145
D666,414
D681,324
8,453,813
D714,057
201110186396
S * 6/2011 Moon ............................ D3/279

B2 * 1212011 Chiang
190/119
Bl
2/2012 Hamamy et al.
S * 9/2012 Giovannoni ................... D3/279
S
5/2013 Mohr
B2 * 6/2013 Lai.
190/110
S * 912014 Hou ............................... D3/279
Al * 8/2011 Sheikh .
190/111
201210012431 Al * 112012 Hamilton.
190/18 A
2014/0110204 Al * 4/2014 Wu
190/18 A
(54)
FRONT ACCESSIBLE HARD SHELL

SUITCASE
(71)
Applicant: Terrence Hailwood, Del Mar, CA (US)
(72)
Inventor:
Terrence Hailwood, Del Mar, CA (US)
(**)
Term:
14 Years
(21)
Appl. No.: 29/456,661
* cited by examiner
(22)
Filed:
(51)
(52)
LOC (10) Cl. ................................................ 03-01

U.S. Cl.
USPC ............................................. D31279; D3/289
Field of Classification Search
CPC ............ A45C 7/00; A45C 5114; A45C 13/28;
A45C 5/03
USPC .......... D3/273, 276, 279, 289, 301, 283, 272,
D3/278, 274, 281, 321, 902; 190118 A,
190/100-127; 206/286-287.1
See application file for complete search history.
Primary Examiner - Jennifer Rivard

Assistant Examiner - April Rivas
(74) Attorney, Agent, or Firm - Andrew Alia, Esq.
(58)
(56)
Jun. 2, 2013
References Cited
U.S. PATENT DOCUMENTS
5,215,318
D422,409
D428,698
D432,298
D438,005
D462,169
D491,359
D547,065
D547,549
7,451,861
D582,673
7,500,547
D630,850
A * 611993 Capraro ......................... 280/1.5

S * 4/2000 Klenner et al. ................ D3/279
S * 8/2000 Cheng ............................ D3/279
S
1012000 Markowitz
S * 212001 Tiramani et al. ............... D3/279
S * 912002 Giovanni ....................... D3/279
S
6/2004 Oh
S * 7/2007 Fenton et al. .................. D3/321
S * 7/2007 Johansson et al. ............. D3/276
B2 1112008 Bhavnani
S * 1212008 Mangano ....................... D3/279
B2
3/2009 Bettua et al.
S * 112011 Gifford .......................... D3/279
CLAIM
(57)
The ornamental design for a front accessible hard shell suitcase, as shown and described.
DESCRIPTION
FIG. 1 is a front view of a front accessible hard shell suitcase
in a closed configuration in accordance with the claimed
design;
FIG. 2 is a top plan view of FIG. 1;
FIG. 3 is a right rear perspective view of FIG. 1;
FIG. 4 is a left rear perspective view of FIG. 1;
FIG. 5 is a rear elevation view of FIG. 1;
FIG. 6 is a right side elevation view of FIG. 1;
FIG. 7 is a left side elevation view of FIG. 1;
FIG. 8 is a left perspective view of FIG. 1 shown in a horizontal position; and,
FIG. 9 is perspective view of FIG. 8 shown in an open configuration .
The broken lines illustrate portions of the front accessible
hard shell suitcase and form no part of the claimed design.
1 Claim, 6 Drawing Sheets
u.s. Patent
Dec. 16,2014
Sheet 1 of 6
_ _ _ _ _ _ ~_:r_ _ _ _ ..
US D719,351 S
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FIG. 1
F:::::::::::;-- ------- ---;:.:::..-=-~

~~ ________ '---:::i
1c---1
FIG. 2
u.s. Patent
Dec. 16,2014
Sheet 2 of 6
FIG. 3
US D719,351 S
u.s. Patent
Dec. 16,2014
Sheet 3 of 6
FIG. 4
US D719,351 S
u.s. Patent
FIG. 5
Dec. 16,2014
Sheet 4 of 6
FIG. 6
US D719,351 S
FIG. 7
u.s. Patent
Dec. 16,2014
Sheet 5 of 6
FIG. 8
US D719,351 S
u.s. Patent
Dec. 16,2014
Sheet 6 of 6
FIG. 9
US D719,351 S
Exhibit B
-------- Original Message -------Subject: RE: Front opening hard shell luggage---Nuki,Inc.
From: Seymour Daiches <Seymour.Daiches@macys.com>
Date: Mon, March 21, 2016 11:44 am
To: "sophie@nukicases.com" <sophie@nukicases.com>
Sophie,
I did walk by your booth # 3107. There are similar systems out there that do similar things
as a top opening case. We currently carry Delsey Shadow, which is a hardside top opening
case. This has been on the market for about 1 years. Our luggage business is centered
around best selling luggage brands.
Seymour Daiches |Omni Buyer-Luggage|Macys Inc.
1120 Avenue of Americas | New York, NY 10036 |(: 646-429-4320 | *:Seymour.Daiches@macys.com
From: sophie@nukicases.com [mailto:sophie@nukicases.com]

Sent: Monday, March 21, 2016 2:40 PM
To: Seymour Daiches
Subject: RE: Front opening hard shell luggage---Nuki,Inc.
*EXT MSG:
Hi Seymour,
I think i didn't see you at the show on Thursday, since you didn't get chance to
stop by our booth,just wanted to know if you are untested in seeing our products
in person, we can go to your office and set up a quick meeting to show you our
lines at your convenience, please feel free to let me know what date and time
works for you, thanks and look forward to hearing from you.
Best,
Sophie
Sophie Hong
E: sophie@nukicases.com
Nuki,Inc.
www.nukicases.com
12702 Via Cortina
Suite 203
Del Mar, CA 92014
Tel: +1-888-589-6208
Fax: +1-858-259-1251
-------- Original Message -------Subject: RE: Front opening hard shell luggage---Nuki,Inc.

Date: Thu, February 11, 2016 10:27 am
Sophie,
What is your booth number? We will try to stop by. I cannot give you an actual
appointment. We spend all 3 days at the show, and typically walk the show on
Thursday.
1120 Avenue of Americas | New York, NY 10036 |(: 646-429-4320 | *:Seymour.Daiches@macys.com

Sent: Thursday, February 11, 2016 12:26 PM
To: Seymour Daiches
Subject: RE: Front opening hard shell luggage---Nuki,Inc.
*EXT MSG:
Hi Seymour,
Just want to know if you have time available for a quick meeting when you
are in the Travel Goods Show, would you mind to let me know what time
and date works for you? We would welcome the opportunity to show you
some of our new designs and colors that you might interested in looking in
person.
Thanks for your time and look forward to hearing from you.
Best regards,
Sophie
Sophie Hong
Nuki,Inc.
www.nukicases.com
12702 Via Cortina
Suite 203
Del Mar, CA 92014
Tel: +1-888-589-6208
Fax: +1-858-259-1251
-------- Original Message -------Subject: RE: Front opening hard shell luggage
Date: Tue, January 05, 2016 11:27 am
Sophie,
I am the luggage buyer for Macys. There are suitcases on the market

currently that have a top opening lid, instead of the center opening that
most vendors use on hardside. You may want to visit one of our stores.
If you are going to be at the luggage show in March, please send me a
reminder prior to the show, and I will try to stop by and see your
product.

1120 Avenue of Americas | New York, NY 10036 |(: 646-429-4320 |
*:Seymour.Daiches@macys.com

Sent: Tuesday, January 05, 2016 1:23 PM
To: Seymour Daiches
Subject: RE: Front opening hard shell luggage
*EXT MSG:
Hi Seymour,
I'm trying to reach the luggage or suitcase buyer for Macy's,could you
advise who the correct person is to send product information to?
A hard shell suitcase that FINALLY opens from the front, instead of splitting
open into 2 awkward & annoying halves.Ournew patented "front
opening" hard shellluggage allows for easy access, easy packing.For
more details, please check at: www.nukicases.com
We would welcome the opportunity to share our product range, show you
some samples, and discuss how we couldpossiblywork with you in this
category. By the way,our proudcts will be in USA end of Januray, 2016.
Thanks and look forward to hearing from you.
Best regards,
Sophie
Sophie Hong
Nuki,Inc.
www.nukicases.com
12702 Via Cortina
Suite 203
Del Mar, CA 92014
Tel: +1-888-589-6208
Fax: +1-858-259-1251
* This is an EXTERNAL EMAIL. Stop and think before
I I I clicking a link or opening attachments.

Nuki v. Delsey Luggage - Complaint

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Nuki v. Delsey Luggage - Complaint

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Case 3:16-cv-01997-JAH-NLS Document 1 Filed 08/09/16 Page 1 of 13

TREVOR Q. CODDINGTON, PH.D. (CSB NO. 243042)

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

NUKI, INC., a California corporation,

'16CV1997 JAH NLS

(1) PATENT INFRINGEMENT;

Case 3:16-cv-01997-JAH-NLS Document 1 Filed 08/09/16 Page 2 of 13

the Defendants) and alleges as follows:

Nuki is a California corporation with its principal place of business located at

Center, 1209 Orange Street, Wilmington, Delaware 19801.

Case 3:16-cv-01997-JAH-NLS Document 1 Filed 08/09/16 Page 3 of 13

Centerville Road, Suite 400, Wilmington, Delaware 19808.

Avenue, San Diego, California 92103.

8657 Villa La Jolla Drive, Suite 219, La Jolla, California 92037.

Jolla Village Drive, San Diego, California 92112.

356 Horton Plaza, San Diego, California 92101.

common to all Defendants will thus arise in this action.

manner responsible for the acts and omissions alleged herein.

Case 3:16-cv-01997-JAH-NLS Document 1 Filed 08/09/16 Page 4 of 13

JURISDICTION AND VENUE

common nucleus of operative facts.

infringing products to consumers in this District and by purposefully directing activities at

substantial part of the events giving rise to Nukis claims.

Case 3:16-cv-01997-JAH-NLS Document 1 Filed 08/09/16 Page 5 of 13

front opening hard shell suitcase.

which is attached hereto as Exhibit A.

FIRST CLAIM FOR RELIEF

(Infringement of U.S. Design Patent No. D719,351)

(35 U.S.C. 271)

Nuki repeats, realleges, and incorporates by reference the preceding allegations

above as though set forth fully herein.

Defendants, by and through their agents, officers, directors, resellers, retailers,

Case 3:16-cv-01997-JAH-NLS Document 1 Filed 08/09/16 Page 6 of 13

covered by the D351 patent.

Defendants acts of infringement were undertaken without permission or license

sooner. Accordingly, Defendants acts constitute willful infringement in violation of 35 U.S.C.

As the side-by-side comparisons below reveal, Defendants have infringed and

The D351 Patent

Delsey Helium Shadow 3.0

Case 3:16-cv-01997-JAH-NLS Document 1 Filed 08/09/16 Page 7 of 13

Case 3:16-cv-01997-JAH-NLS Document 1 Filed 08/09/16 Page 8 of 13

In addition, Nuki is entitled to reasonable attorneys fees incurred in this action

under 35 U.S.C. 285.

THIRD CLAIM FOR RELIEF

(15 U.S.C. 1125(a))

Nuki realleges and incorporates by reference the foregoing allegations as though

set forth fully herein.

Defendants use, making, marketing, advertising and sale of a confusingly similar

Unless enjoined by this Court, Defendants activities are likely to confuse,

have been sponsored, approved, authorized, or licensed by Nuki in violation of 15 U.S.C.

Case 3:16-cv-01997-JAH-NLS Document 1 Filed 08/09/16 Page 9 of 13

FOURTH CLAIM FOR RELIEF

(California Unfair Competition)

(Cal. Bus. & Prof. Code 17200 et seq.)

Nuki realleges and incorporates by reference the foregoing allegations as though

set forth fully herein.

Defendants use, making, marketing, advertising and sale of a confusingly similar

Case 3:16-cv-01997-JAH-NLS Document 1 Filed 08/09/16 Page 10 of 13

FIFTH CLAIM FOR RELIEF

(Common Law Unfair Competition)

Nuki realleges and incorporates by reference the foregoing allegations as though

set forth fully herein.

as to the source, sponsorship, affiliation or connection between Defendants Accused Products