Case 2:17-cv-00669 Document 1 Filed 04/28/17 Page 1 of 5

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8 UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
9
10 BOOGINHEAD LLC., Cause No.

11 Plaintiff,

v. COMPLAINT FOR
12
DECLARATORY JUDGMENT OF
13 CHEEKY CHOMPERS LTD., DESIGN PATENT NON-
INFRINGEMENT
Defendant.
14
DEMAND FOR JURY TRIAL
15
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17 Plaintiffs BooginHead LLC. (BooginHead) complains of Defendant Cheeky

18 Chompers LTD., (Cheeky Chompers) as follows:

19 NATURE OF LAWSUIT

20 1. This is a claim for declaratory judgment of patent non-infringement arising

21 under the Federal Declaratory Judgments Act, 28 U.S.C. 2201, et seq., and under the Patent

22 Laws of the United States, 35 U.S.C. 1, et seq. In particular, Plaintiff seeks a declaratory

23 judgment that the sole claim of Defendant's United States Design Patent No. D780,400 is not

24 infringed under one or more of 35 U.S.C. 271.

25 THE PARTIES

26 2. BooginHead LLC (BooginHead) is a Washington Limited Liability

27 Corporation headquartered in Issaquah, Washington. BooginHead is engaged in the business

MANN LAW GROUP

1420 Fifth Avenue, Suite 2200
COMPLAINT - 1 Seattle, WA 98101 TELEPHONE:
206.274.5100
 Case 2:17-cv-00669 Document 1 Filed 04/28/17 Page 2 of 5

1 of developing, manufacturing and selling a number of consumer products including teether

2 bibs for infants and toddlers.

3 3. Upon information and belief, Defendant Cheeky Chompers Ltd. (Cheeky

4 Chompers) is a U.K. corporation with a principal place of business in Edinburgh, Scotland.

5 Upon information and belief, Cheeky Chompers is engaged in the business of importing,

6 distributing, and selling chewy dribble bibs for infants and toddlers. Upon information and

7 belief, Cheeky Chompers transacts business and has provided to customers in this judicial

8 district and throughout the State of Washington chewy dribble bibs for infants and toddlers.

9 JURISDICTION AND VENUE

10 4. This is an action for a Declaratory Judgment that United States Design Patent

11 Number D780,400 is not infringed by BooginHead. This action arises under the Patent Laws

12 of the United States. Jurisdiction is based upon 28 U.S.C. 1338(a), 2201 and 2202. As set

13 forth below, an actual justiciable controversy exists between the parties.

14 5. Venue is proper under 28 U.S.C. 1391. Defendants have purposefully availed

15 themselves of the privilege of transacting extensive business in the State of Washington. This
16 Court has exclusive jurisdiction over the subject matter of the Complaint under 28 U.S.C.
17 1338(a).
18 6. Personal Jurisdiction over the defendants is proper in this Court. Venue in this
19 judicial district is proper under 28 U.S.C. 1391(b), (c) and/or 1400(b).
20 BACKGROUND OF THE CONTROVERSY
21 7. Upon information and belief, Cheeky Chompers is the owner of record of
22 United States Design Patent Number D780,400 (the 400 patent) which issued on March 7,
23 2017. A copy of the '400 patent is attached hereto as Exhibit A. The '400 patent generally
24 discloses a neckerchief and claims, the ornamental design for a neckerchief as shown and
25 described.
26 8. On March 24, 2017, Cheeky Chompers sent a letter, via its counsel, to
27 BooginHead at BooginHeads Issaquah, Washington office. In that letter, Cheeky Chompers

MANN LAW GROUP

1218 Third Avenue, Suite 1809
COMPLAINT - 2 Seattle, WA 98101 TELEPHONE:
206-436-0900
 Case 2:17-cv-00669 Document 1 Filed 04/28/17 Page 3 of 5

1 brought the existence of the 400 patent to BooginHeads attention, stated (1) that, Cheeky

2 Chompers has recently learned...that [BooginHead is] selling and distributing a chewy dribble

3 bib, (2) that, Cheeky Chompers holds rights to the design for a chewy dribble bib under

4 U.S. Design Patent No. D780400, (3) that, If BooginHead LLC is making, using or selling

5 products that fall within the scope of U.S. Patent No. D780400, BooginHead LLC is hereby

6 directed to cease and desist from such activity immediately, and (4) that, If BooginHead

7 LLC is infringing this patent and continues with its infringement, such action may likely lead
8 to the immediate filing of a Complaint for Infringement by Cheeky Chompers. A copy of the
9 March 24, 2017 letter sent on behalf of Cheeky Chompers to BooginHead is attached as
10 Exhibit B.
11 9. As a result of the aforementioned March 24, 2017 letter sent on behalf of
12 Cheeky Chompers to BooginHead, BooginHead has a reasonable fear and apprehension that
13 patent infringement litigation will be brought against it. An actual justiciable controversy
14 therefore exists between the parties.
15 THE CLAIMED ORNAMENTAL DESIGN
16 10. The 400 patent includes four figures purportedly showing the ornamental
17 design for a neckerchief that is claimed to be original.
18 11. Figures 1, 2 and 3 of the 400 patent show, respectively, a top plan view, a
19 partial top plan view and a partial bottom plan view of the neckerchief.
20 12. Figures 1 and 2 of the 400 patent, which show a top plan view and partial
21 top plan view of the neckerchief each show a corner portion having two arcs over the widest
22 portion of the corner, and fifteen equally sized circular dots arranged in a triangular pattern
23 under the arcs.
24 13. Figure 3 of the 400 patent, which shows a partial bottom plan view of the
25 neckerchief, shows a corner portion having thirteen equally sized circular dots in two arc-
26 shaped rows across the widest portion of the corner, and five arcs of progressively decreasing
27 size positioned under the dots.

MANN LAW GROUP

1218 Third Avenue, Suite 1809
COMPLAINT - 3 Seattle, WA 98101 TELEPHONE:
206-436-0900
 Case 2:17-cv-00669 Document 1 Filed 04/28/17 Page 4 of 5

1 14. None of the teether bibs developed, imported, made, sold, offered for sale or

2 used by BooginHead incorporates or otherwise uses the ornamental design purportedly

3 shown and claimed in the 400 patent.

4
5 COUNT I
6 Declaratory judgment of non-infringement of United States Design Patent No. D740, 400

7 15. BooginHead hereby repeats and incorporates by reference Paragraphs 1-14

8 above as if fully set forth herein.

9 15. BooginHead does not make, import, sell, offer sale or use neckerchiefs having

10 the purported ornamental design disclosed and claimed in the 400 patent. In particular, none

11 of BooginHeads products includes any non-functional aspects of the neckerchief purportedly

12 shown and claimed in the 400 patent.

13 16. Because BooginHead does not make, import, sell, offer sale or use

14 neckerchiefs having the purported ornamental design disclosed and claimed in the 400

15 patent, BooginHead does not infringe the claim of the 400 patent under 35 U.S.C. 271 or

16 otherwise.

17 PRAYER FOR RELIEF

18 WHEREFORE, BooginHead asks this Court to enter judgment against Defendant

19 Cheeky Chompers and against its subsidiaries, affiliates, agents, servants, employees and all
20 persons in active concert or participation with it granting the following relief:
21 A. A declaration that none of the teether bibs made, imported, sold, offered for
22 sale or used by BooginHead infringes and valid claim of Defendant's United States Design
23 Patent No. D780,400.
24 B. A finding that this case is exceptional and an award to BooginHead of its
25 attorneys fees and costs as provided by 35 U.S.C. 284;
26 C. A permanent injunction prohibiting further allegations of infringement on the
27 part of Cheeky Chompers against BooginHead.

MANN LAW GROUP

1218 Third Avenue, Suite 1809
COMPLAINT - 4 Seattle, WA 98101 TELEPHONE:
206-436-0900
 Case 2:17-cv-00669 Document 1 Filed 04/28/17 Page 5 of 5

1 D. Such other and further relief as this Court or a jury may deem proper and just.

2 JURY DEMAND

3 BooginHead demands a trial by jury on all issues presented in this Complaint.

4
5 Dated this 28th day of April, 2017.

6 Respectfully submitted,
7
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/s/ Philip P. Mann
9 Philip P. Mann, WSBA No: 28860
MANN LAW GROUP
10 1218 Third Avenue, Suite 1809
11 Seattle, Washington 98101
(206) 436-0900
12 Fax (866) 341-5140
phil@mannlawgroup.com
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14 Attorneys for Plaintiff BooginHead LLC.
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MANN LAW GROUP

1218 Third Avenue, Suite 1809
COMPLAINT - 5 Seattle, WA 98101 TELEPHONE:
206-436-0900
 Case 2:17-cv-00669 Document 1-1 Filed 04/28/17 Page 1 of 5

EXHIBIT A
BooginHead v. Cheeky Chompers

(U.S. Patent No. D780,400)

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EXHIBIT B
BooginHead v. Cheeky Chompers

(March 24, 2017 letter)

Case 2:17-cv-00669 Document 1-2 Filed 04/28/17 Page 2 of 2
 Case 2:17-cv-00669 Document 1-3 Filed 04/28/17 Page 1 of 2
JS 44 (Rev. 12/12) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

BOOGINHEAD LLC CHEEKY CHOMPERS LTD.,

(b) County of Residence of First Listed Plaintiff King (Washington) County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Philip P. Mann, Mann Law Group
1218 Third Avenue, Suite 1809
Seattle, WA 98101 Tel. 206-436-0900

II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionment
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust
140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation
151 Medicare Act 330 Federal Employers Product Liability 830 Patent 470 Racketeer Influenced and
152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations
Student Loans 340 Marine Injury Product 480 Consumer Credit
(Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV
153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commodities/
of Veterans Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange
160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 890 Other Statutory Actions
190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI 891 Agricultural Acts
195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 893 Environmental Matters
196 Franchise Injury 385 Property Damage 751 Family and Medical 895 Freedom of Information
362 Personal Injury - Product Liability Leave Act Act
Medical Malpractice 790 Other Labor Litigation 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS 899 Administrative Procedure
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff Act/Review or Appeal of
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) Agency Decision
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party 950 Constitutionality of
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 State Statutes
245 Tort Product Liability Accommodations 530 General
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION
Employment Other: 462 Naturalization Application
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C.
VI. CAUSE OF ACTION Brief description of cause:
Declaratory Judgement of Patent Invalidity and Non-Infringement
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
4/26/2017 s/ Philip P. Mann
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 12/12) Case 2:17-cv-00669 Document 1-3 Filed 04/28/17 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.

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

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.
 Case 2:17-cv-00669 Document 1-4 Filed 04/28/17 Page 1 of 1
AO 120 (Rev. 08/10)

Mail Stop 8 REPORT ON THE

TO:
Director of the U.S. Patent and Trademark Office FILING OR DETERMINATION OF AN
P.O. Box 1450 ACTION REGARDING A PATENT OR
Alexandria, VA 22313-1450 TRADEMARK

In Compliance with 35 U.S.C. 290 and/or 15 U.S.C. 1116 you are hereby advised that a court action has been
filed in the U.S. District Court for the Western District of Washington at Seattle on the following
G Trademarks or G
Patents. ( G the patent action involves 35 U.S.C. 292.):

DOCKET NO. DATE FILED U.S. DISTRICT COURT

17-cv-669 04/28/2017 for the Western District of Washington at Seattle
PLAINTIFF DEFENDANT
BOOGINHEAD LLC CHEEKY CHOMPERS LTD.,

PATENT OR DATE OF PATENT

HOLDER OF PATENT OR TRADEMARK
TRADEMARK NO. OR TRADEMARK
1 D780,400 03/07/2017 AMY LIVINSTONE & JULIE WILSON

In the aboveentitled case, the following patent(s)/ trademark(s) have been included:
DATE INCLUDED INCLUDED BY
G
Amendment G Answer G Cross Bill G Other Pleading
PATENT OR DATE OF PATENT
HOLDER OF PATENT OR TRADEMARK
TRADEMARK NO. OR TRADEMARK
1

In the aboveentitled case, the following decision has been rendered or judgement issued:
DECISION/JUDGEMENT

CLERK (BY) DEPUTY CLERK DATE

Copy 1Upon initiation of action, mail this copy to Director Copy 3Upon termination of action, mail this copy to Director
Copy 2Upon filing document adding patent(s), mail this copy to Director Copy 4Case file copy
 Case 2:17-cv-00669 Document 1-5 Filed 04/28/17 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
Western District
__________ of Washington
District at Seattle
of __________

BOOGINHEAD LLC, )
)
)
)
Plaintiff(s) )
)
v. Civil Action No. 17-cv-669
)
CHEEKY CHOMPERS LTD., )
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) CHEEKY CHOMPERS LTD.

Registered Agent:

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Philip P. Mann
1218 Third Avenue, Suite 1809
Seattle, WA 98101

206-436-0900

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case 2:17-cv-00669 Document 1-5 Filed 04/28/17 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

I personally served the summons on the individual at (place)

on (date) ; or

I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or

I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc: