Vision Quest v. Ortho Systems - Complaint

Case 3:17-cv-01395-CAB-NLS Document 1 Filed 07/10/17 PageID.
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1 WHITNEY E. PETERSON, ESQ., SBN 159630

WHITNEY PETERSON & ASSOCIATES
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7724 ROAN ROAD
SAN DIEGO, CALIFORNIA 92129
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TELEPHONE (619) 885-5430 - TELECOPIER (858) 538-6069
whitneypetersonlaw@gmail.com
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Attorneys for plaintiff VISION QUEST INDUSTRIES, INC.
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7 UNITED STATES DISTRICT COURT
8 SOUTHERN DISTRICT OF CALIFORNIA
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VISION QUEST INDUSTRIES, INC., dba ) Case No.: '17CV1395 MMA NLS
10 OrthoCare, a California corporation, )
)
11 Plaintiff, )
) COMPLAINT FOR PATENT
12 vs. ) INFRINGEMENT; TRADE DRESS

) INFRINGEMENT; UNFAIR
13 ORTHO SYSTEMS, dba Ovation Medical, ) COMPETITION AND DILUTION
)
14 Defendant. )
) JURY TRIAL DEMANDED
15 )
)
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17 Plaintiff Vision Quest Industries, Inc., dba VQ OrthoCare, by and through its undersigned
18 attorneys, hereby files this Original Complaint against Defendant Ortho Systems, dba Ovation
19 Medical, and alleges as follows:
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THE PARTIES
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1. Plaintiff Vision Quest Industries, Inc. dba VQ OrthoCare (hereinafter Vision
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Quest) is a corporation organized and existing under the laws of the State of California and has
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24 its principal place of business in California.
25 2. On information and belief, Defendant Ortho Systems, dba Ovation Medical
26 (hereinafter Defendant) is a corporation organized and existing under the laws of the State of
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COMPLAINT
Case 3:17-cv-01395-CAB-NLS Document 1 Filed 07/10/17 PageID.2 Page 2 of 20
1 California with its principal place of business at 5155 Clareton Drive, Suite 200, Agoura Hills,
2 California 91301.
3 3. On information and belief, Defendant may be served with process at the office of
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its registered agent for service of process: Ira Rosenblatt, Esq., located at 23901 Calabasas Road,
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Suite 2006 Calabasas California 91302.
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7 JURISDICTION AND VENUE

8 4. This is a civil action for (i) infringement of Design Patent D787,076 S arising
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under the Patent Laws of the United States, Title 35, United States Code, 271 et seq.; (ii) trade
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dress infringement under 43(a) of the U.S. Trademark Act of 1946, as amended (the Lanham
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Act) 15 U.S.C. 1125(a); (iii) unfair competition and false designation in violation of 43(a) of
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13 the Lanham Act 15 U.S.C. 1125(a) and (iv) dilution under 43(c) of the Lanham Act 15 U.S.C.
14 1125(c) . This Court has jurisdiction of this action under 28 U.S.C. 1331 and 1338.
15 5. On information and belief, Defendant is a California corporation, has a business

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office in this Judicial District and has committed acts of patent infringement, trade dress
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infringement, unfair competition and dilution.
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6. For these reasons, venue is proper in this Court under 28 U.S.C. 1400(b).
19
20 FACTUAL BACKGROUND
21 7. Plaintiff Vision Quest was founded in 1989 and is a leading provider of
22 noninvasive medical solutions focused on bone, joint and soft-tissue conditions. Services include
23 the sale and in-home patient fitting of braces and medical devices.
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8. On or about April 20, 2015, Vision Quest released its OActive 2 product, a low
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profile knee brace to assist in the alleviation of osteoarthritic pain. The OActive, 2 was released
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by Vision Quest after more than two years of research and development and at great expense to
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28 Vision Quest. Following its release, the OActive 2 quickly gained success in the market, earning
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COMPLAINT
1 a reputation with physicians and patients alike for the ease with which it is fitted to an individual
2 patient, the comfort of the fit and for its lightweight and extremely attractive aesthetic. The
3 OActive 2 quickly replaced its predecessor, the OActive, and assumed its position as the flagship
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product in Vision Quests product line. Vision Quest spent many years and millions of dollars in
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the conception, design, manufacture, marketing and sales of its OActive franchise.
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9. Vision Quests OActive 2 product has a distinctive shape and design such that it is
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8 recognized in the orthotics industry by prescribers and consumers of osteoarthritis braces.
9 10. The shape and/or ornamental design of the OActive 2 constitutes trade dress of
10 Vision Quest.
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11. The shape and/or ornamental design of Vision Quests OActive 2 product is
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nonfunctional.
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12. By way of assignment, Vision Quest is the owner of all right, title and interest in
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15 and to United States Patent No. D787,076 S (the D076 Patent) for an ornamental design
16 entitled Orthotic Device. The D076 Patent was duly issued on May 16, 2017 by the United
17 States Patent and Trademark Office, a copy of which is attached hereto as Exhibit 1. Such right,
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title and interest includes, without limitation, the right to sue and receive damages for past,
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present and future patent infringement.
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13. On information and belief, on or about June 15, 2017, Defendant began marketing
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and selling a product entitled The Game Changer, Premium Universal Osteoarthritic Knee
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23 Brace (The Game Changer), a low profile knee brace with a shape, design and look that is
24 virtually identical to Vision Quests OActive 2 product and the embodied ornamental design
25 covered by the D076 Patent.
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14. On information and belief, the similarity between the two products is so striking
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that consumers seeing The Game Changer product have been confused thinking that The Game
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COMPLAINT
1 Changer product was in reality Vision Quests OActive 2 product. As such, ordinary consumers
2 are likely to be confused as to the source, sponsorship, affiliation or approval relating to The
3 Game Changer Product vis--vis Vision Quest and its OActive 2 product.
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15. Defendants The Game Changer product has an overall appearance that is
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confusingly similar and substantially the same in the eyes of an ordinary observer, in view of the
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prior art, as the designs claimed in the D076 Patent as demonstrated by the side-by-side
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8 comparison below:
9 Vision Quests Patented Design Defendants The Game Changer Product

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COMPLAINT
2 16. Defendants The Game Changer product has an overall appearance that is
3 confusingly similar and substantially the same as Vision Quests OActive 2 product, as
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demonstrated by the side-by-side comparison below:
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Vision Quests OActive 2 Product Defendants The Game Changer Product
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17. On information and belief, Defendant has gained profits by virtue of its sale of
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The Game Changer product.
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COMPLAINT
1 18. On information and belief consumers viewing The Game Changer product have
2 confused the Game Changer product with Vision Quests OActive 2 product.
3 19. On information and belief, Defendants infringement has caused Vision Quest to
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suffer harm, and as such, Vision Quest is entitled to damages.
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6 COUNT I
INFRINGEMENT OF U.S. PATENT NO. D787,076 S
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20. Vision Quest incorporates and re-alleges the allegations of Paragraphs 1 through
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19 above as though fully set forth below.
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21. Defendants The Game Changer product falls within the scope of the claim of the
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12 D076 Patent and therefore has infringed the patent in violation of 35 U.S.C. 271, et seq.
13 22. Defendant has been and is still infringing the D076 Patent literally or under the
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doctrine of equivalents by making, using, selling, and/or offering for sale in the United States,
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and or importing into the United States, The Game Changer product as identified in this
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Complaint, which embodies the design covered by the D076 Patent.
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23. On information and belief, Defendants infringement has caused Vision Quest to
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19 suffer damages, and as such, Vision Quest is entitled to damages pursuant to 35 U.S.C. 284
20 and 289.
21 24. On information and belief, Defendant has gained profits by virtue of its
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infringement of the D076 Patent. As such, Vision Quest is entitled to Defendants profits under
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35 U.S.C. 289.
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25. On information and belief, Defendants infringement was and is willful, making
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26 this an exceptional case under 35 U.S.C. 284 and 285. As a result, Vision Quest is entitled to
27 increased damages and attorneys fees.
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COMPLAINT
1 26. On information and belief, Defendant has caused irreparable damage and harm to
2 Vision Quest by its acts of infringement as described above and will continue said acts of
3 infringement unless enjoined by this Court under 35 U.S.C. 283.
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COUNT II
5 INFRINGEMENT OF VISION QUESTS TRADE DRESS
6 27. Vision Quest incorporates and re-alleges the allegations of Paragraphs 1 through
7 26 above as though fully set forth below.
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28. Vision Quest is the owner of the shape and/or ornamental design of the OActive 2
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product, which is distinctive in that it has come to be associated with Vision Quest in the minds
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of consumers.
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12 29. The shape and/or ornamental design of the OActive 2 product is nonfunctional.
13 30. As such, Vision Quests OActive 2 product constitutes protectable trade dress
14 pursuant to Section 43(a) of the Lanham Act.

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31. The shape, design and look of Defendants The Game Changer product is the
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same or similar to Vision Quests OActive 2 product, and incorporates distinctive features of the
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OActive 2 product. Therefore, the marketing and sale of Defendants The Game Changer
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product constitutes the use in commerce of false designations of origin, false or misleading
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20 descriptions or representations that are likely to cause confusion and mistake and to deceive
21 consumers as to the source or origin of the Defendants The Game Changer product or its
22 affiliation, connection or association with Vision Quests OActive 2 product or Vision Quests
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sponsorship or approval of Defendants The Game Changer product. As such, Defendants acts
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constitute trade dress infringement in violation of Section 43 of the Lanham Act, 15 U.S.C.
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1125.
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27 32. On information and belief, Defendants use as described above is deliberate and
28 willful.
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COMPLAINT
1 33. Defendants acts of infringement have caused both irreparable harm and monetary
2 damage to Vision Quest, and unless enjoined and restrained, will cause further irreparable harm,
3 leaving Vision Quest with no adequate remedy at law.
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COUNT III
5 FEDERAL UNFAIR COMPETITION AND FALSE DESIGNATION
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34. Vision Quest repeats and re-alleges the allegations of Paragraphs 1-34 of the
7
8 Complaint above as though fully set forth below.
9 35. Defendants acts, as described above, are likely to cause confusion or mistake or
10 to deceive consumers as to the affiliation, connection, or association of Defendant with Vision

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Quest or as to the origin, sponsorship, or approval of Defendants The Game Changer product by
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Vision Quest in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a).
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36. Upon information and belief, Defendants acts of unfair competition, as described
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above, are deliberate and willful and undertaken with the intent to misappropriate the goodwill
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16 and reputation associated with Vision Quests OActive 2 product.
17 37. Defendants acts of infringement have caused both irreparable harm and monetary
18 damage to Vision Quest, and unless enjoined and restrained, will cause further irreparable harm,
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leaving Vision Quest with no adequate remedy at law. By the foregoing acts, Defendant has
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deceived and confused members of the public, and is likely to continue to do so unless restrained
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and enjoined by this Court.
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23 COUNT IV
DILUTION
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25 38. Vision Quest repeats and re-alleges the allegations of Paragraphs 1-37 of the
26 Complaint above as though fully set forth below.
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39. The OActive 2 is inherently distinctive and is recognized by the public.
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COMPLAINT
1 40. Defendants unauthorized use in commerce of its The Game Changer product has
2 caused and continues to cause dilution of the distinctiveness, duration, extent of use and
3 widespread public recognition of Vison Quests OActive 2 product.
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41. Defendants unauthorized use of the trade dress of Vision Quest tarnishes and will
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continue to tarnish the distinctive quality of the Vision Quests trade dress.
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42. On information and belief, Defendants unauthorized use of the Vision Quests
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8 trade dress is deliberate and willful.
9 43. The foregoing acts of Defendant constitute trade dress dilution and tarnishment in
10 violation of Section 43(c) of the Lanham Act 15 U.S.C. 1125(c).

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PRAYER FOR JUDGMENT AND RELIEF
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WHEREFORE, Vision Quest prays for a judgment against Defendant as follows:
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1. For a finding that U.S. Design Patent No. D787,076 S is valid and enforceable;
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2. For a finding that Defendant has infringed U.S. Design Patent No. D787,076 S,
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16 and that such infringement was willful;
17 3. For an award of damages to Vision Quest against Defendant for infringement of

18 U.S. Design Patent No. D787,076 S, under 35 U.S.C. 284;
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4. In the event Vision Quest elects to recover damages under 35 U.S.C. 284, an
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increase of the sums awarded to Vision Quest to three times the actual damages, pursuant to 35
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U.S.C. 284;
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23 5. An award of damages to Vision Quest against Defendant under 35 U.S.C. 289 in
24 the amount of Defendants total profits for infringement of U.S. Design Patent No. D787,076S;
25 6. For an order that Defendant, its agents, servants officers, directors, employees,
26 affiliates, attorneys, and all those acting in privity, active concert or participation with any of
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them, and their parents, subsidiaries, divisions, successors and assigns who receive actual notice
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COMPLAINT
1 of the order and judgement by personal service or otherwise, be enjoined from making, using and
2 selling any product in violation of Vision Quests Design Patent No. D787,076 S;
3 7. That this case be deemed as exceptional under 35 U.S.C. 285 due to the
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intentional and willful infringement by Defendant, and an award be made to Vision Quest of its
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attorneys' fees under 35 U.S.C. 285;
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8. A finding that the Defendants The Game Changer product infringes the trade
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8 dress of Vision Quest and is likely to cause confusion, deception, or mistake as to the source of
9 The Game Changer product, or to dilute Vision Quests trade dress or its distinctive OActive 2
10 product.
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9. For damages for infringing Vision Quests trade dress, including Defendants
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profits for the unauthorized use of Visions Quests trade dress and for all damages sustained by
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Vision Quest on account of Defendants infringement, dilution and unfair competition and that
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those damages be trebled pursuant to 15 U.S.C. 1117.
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16 10. For a finding that this is an exceptional case and an award of attorneys fees
17 pursuant to 15 U.S.C. 1117.

18 11. That Defendant be ordered to pay Vision Quest for damages it has sustained as a
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consequence of Defendants unfair competitive acts.
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12. That Defendant be ordered to destroy any remaining inventory of infringing or
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diluting products as well as any and all advertising and promotional materials, displays,
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23 marketing materials, web pages and all other data or things relating to The Game Changer
24 product pursuant to 15 U.S.C. 1118.
25 13. For an order requiring Defendant to turn over to Vision Quest all tooling and other
26 implements used to manufacture the infringing product.
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14. For a permanent injunction pursuant to 15 U.S.C. 1116.
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COMPLAINT
1 15. For an award of prejudgment and post-judgment interest and costs of suit to
2 Vision Quest; and

3 16. Such other and further relief as the Court deems proper and just for Count I - IV
4
of the Original Complaint.
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DEMAND FOR JURY TRIAL
6
Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Vision Quest demands a
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8 trial by jury on all issues triable by a jury.
10 DATED: July 10, 2017 WHITNEY PETERSON & ASSOCIATES

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By:_ s/ Whitney E. Peterson__
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Whitney E. Peterson, Esq.
14 Attorneys for PLAINTIFF, VISION QUEST
INDUSTRIES, INC.
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COMPLAINT
Exhibit 1
Case 3:17-cv-01395-CAB-NLS Document US00D787076S
1 Filed 07/10/17 PageID.13 Page 13 of 20
US00D787076S
(2) United States Design Patent ) Patent no.: US D787,076 S

Siddiqui et al. (45) Date of Patent ** May 16, 2017
(54) ORTHOTIC DEVICE D527,825 S 9/2006 Ingimundarson

D529,180 S 9/2006 Ingimundarson
(71) Applicant: VISION QUEST INDUSTRIES 7,117,569 2 * 10/2006 Bledsoe ..................... 4 IF 1/008
24/593.11
INCORPORATED, Irvine, CA (US)
D558,884 S * 1/2008 Ingimundarson ............. D24/190
D577,828 S * 9/2008 Ingimundarson ............. D24/190
(72) Inventors: Masood Siddiqui, Irvine, CA (US); 7,481,785 2 * 1/2009 Turrini ..................... A61F 5/0123
Michael S. Skahan, Ramona, CA (US); 128/869
Kevin R. Lunau, Valley Center, CA 7,500,957 2 3/2009 Bledsoe
(US) 7,758,527 2 * 7/2010 Gilmour ................. A61F 5/0106
602/23
7,867,183 2 * 1/2011 Kazmierczak .......... A61F 5/0123
(73) Assignee: VISION QUEST INDUSTRIES 602/23
INCORPORATED, Irvine, CA (US) 1)665.505 S * 8/2012 Lee ................................. D24/190
8,241,234 2 8/2012 Ingimundarson et al.
(**) Term: 14 Years 8,257,293 2 9/2012 Ingimundarson et al.
(Continued)
(21) Appl. No.: 29/524,253
Primary Examiner George D Kirschbaum
(22) Filed: Apr. 17, 2015 Assistant Examiner Jennifer Watkins
(51) LOC (10) Cl......................................................... 24-04 (74) Attorney, Agent, or Firm Lawrence . Ginsberg
(52) U.S. Cl.
USPC ........................................................ D24/190 (57) CLAIM
(58) Field of Classification Search The ornamental design for an orthotic device, as shown and
USPC ............................... D24/190, 192; D29/121.1 described.
CPC ................. A61F 5/0123; A61F 5/0125; A61F
2005/0139; A61F 2005/0176
See application file for complete search history. DESCRIPTION
(56) References Cited FIG. 1 is a top perspective view of an orthotic device,

showing our new design;
U.S. PATENT DOCUMENTS FIG. 2 is a front elevational view thereof;
FIG. 3 is a rear elevational view thereof;
4,005,506 A 2/1977 Moore FIG. 4 is a right side elevational view thereof;
4,830,413 A 5/1989 Bisbing
5,226,875 A * 7/1993 Johnson ................. A61F 5/0111 FIG. 5 is a left side elevational view thereof;
36/114 FIG. 6 is a top plan view thereof; and,
5,277,698 A 1/1994 Taylor FIG. 7 is a bottom plan view thereof.
5,356,370 A 10/1994 Fleming The broken line illustrating fasteners attached to the front of
5,662,596 A * 9/1997 Young .................... A61F 5/0123 the article is for the purpose of illustrating environment and
602/16
forms no part of the claim. The broken line showing of an
5,836,902 A * 11/1998 Gray ....................... A61F 5/0111
128/882 orthotic device is for the purpose of illustrating portions of
D473,654 S * 4/2003 Iglesias ......................... D24/192 the article and forms no part of the claim.
6,971,996 2 * 12/2005 Houser .................. A61F 5/0123
128/882 1 Claim, 6 Drawing Sheets
US 787,076 S
Page 2
(56) References Cited
U.S. PATENT DOCUMENTS

8,740,829 2 * 6/2014 Lee ................................ 602/16
D744,111 S * 11/2015 Dunn ............................ D24/192
2007/0213648 1 * 9/2007 Ferrigolo .............. A61F 5/0123
602/26
2009/0287128 1 * 11/2009 Ingimundarson .... A61F 5/0111
602/27
* cited by examiner
U.S. Patent May 16, 2017 Sheet 1 of 6 US D787,076 S




FIG. 5
U.S. Patent May 16,2017 Sheet 6 of 6 US D787,076 S
FIG. 6
FIG. 7
Case 3:17-cv-01395-CAB-NLS Document 1-1 Filed 07/10/17 PageID.21 Page 1 of 2
JS 44 (Rev. 06/17) 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

Vision Quest Industries, Inc., dba OrthoCare Ortho Systems, dba Ovation Medical
(b) County of Residence of First Listed Plaintiff 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)
Whitney Peterson & Associates, Whitney E. Peterson '17CV1395 MMA NLS
7724 Roan Road, San Diego, California 92129
(619) 885-5430
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) Click here for: Nature of Suit Code Descriptions.
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 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
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150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers Product Liability 830 Patent 450 Commerce
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Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
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153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY 480 Consumer Credit
of Veterans Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards 861 HIA (1395ff) 490 Cable/Sat TV
160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending Act 862 Black Lung (923) 850 Securities/Commodities/
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management 863 DIWC/DIWW (405(g)) Exchange
195 Contract Product Liability 360 Other Personal Property Damage Relations 864 SSID Title XVI 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 865 RSI (405(g)) 891 Agricultural Acts
362 Personal Injury - Product Liability 751 Family and Medical 893 Environmental Matters
Medical Malpractice Leave Act 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act or Defendant) 899 Administrative Procedure
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party Act/Review or Appeal of
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 Agency Decision
245 Tort Product Liability Accommodations 530 General 950 Constitutionality of
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION State Statutes
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 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
U.S. patent statute 35 U.S.C. section 271, et. seq.; Lanham Act 15 U.S.C. section 1125(a) and (c)
VI. CAUSE OF ACTION Brief description of cause:
Design patent infringement; trade dress infringement; unfair competition; dilution
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
07/10/2017 s/ Whitney E. Peterson
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
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Case 3:17-cv-01395-CAB-NLS Document 1-1 Filed 07/10/17 PageID.22 Page 2 of 2
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Vision Quest v. Ortho Systems - Complaint

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Vision Quest v. Ortho Systems - Complaint

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Case 3:17-cv-01395-CAB-NLS Document 1 Filed 07/10/17 PageID.

1 WHITNEY E. PETERSON, ESQ., SBN 159630

7 UNITED STATES DISTRICT COURT

8 SOUTHERN DISTRICT OF CALIFORNIA

12 vs. ) INFRINGEMENT; TRADE DRESS

24 its principal place of business in California.

25 2. On information and belief, Defendant Ortho Systems, dba Ovation Medical

7 JURISDICTION AND VENUE

15 5. On information and belief, Defendant is a California corporation, has a business

21 7. Plaintiff Vision Quest was founded in 1989 and is a leading provider of

8 recognized in the orthotics industry by prescribers and consumers of osteoarthritis braces.

9 Vision Quests Patented Design Defendants The Game Changer Product

27 increased damages and attorneys fees.

14 pursuant to Section 43(a) of the Lanham Act.

8 Complaint above as though fully set forth below.

10 to deceive consumers as to the affiliation, connection, or association of Defendant with Vision

16 and reputation associated with Vision Quests OActive 2 product.

8 trade dress is deliberate and willful.

10 violation of Section 43(c) of the Lanham Act 15 U.S.C. 1125(c).

16 and that such infringement was willful;

17 3. For an award of damages to Vision Quest against Defendant for infringement of

23 5. An award of damages to Vision Quest against Defendant under 35 U.S.C. 289 in

17 pursuant to 15 U.S.C. 1117.

24 product pursuant to 15 U.S.C. 1118.

2 Vision Quest; and

8 trial by jury on all issues triable by a jury.

10 DATED: July 10, 2017 WHITNEY PETERSON & ASSOCIATES

(2) United States Design Patent ) Patent no.: US D787,076 S

(54) ORTHOTIC DEVICE D527,825 S 9/2006 Ingimundarson

(56) References Cited FIG. 1 is a top perspective view of an orthotic device,

(56) References Cited

U.S. PATENT DOCUMENTS

U.S. Patent May 16, 2017 Sheet 1 of 6 US D787,076 S

U.S. Patent May 16, 2017 Sheet 2 of 6 US D787,076 S

U.S. Patent May 16, 2017 Sheet 3 of 6 US D787,076 S

U.S. Patent May 16, 2017 Sheet 4 of 6 US D787,076 S

U.S. Patent May 16, 2017 Sheet 5 of 6 US D787,076 S

U.S. Patent May 16,2017 Sheet 6 of 6 US D787,076 S

I. (a) PLAINTIFFS DEFENDANTS

Citizen or Subject of a 3 3 Foreign Nation 6 6

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

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

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