Holistic Techs. LLC v. Lumina Group - Complaint

Case 1:19-cv-11677 Document 1 Filed 08/05/19 Page 1 of 14
UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS
Holistic Technologies LLC, )

)
Plaintiff, )
)
v. ) Civil Action No. 19-11677
)
Lumina Group Inc., ) DEMAND FOR JURY TRIAL
)
Defendant, )
COMPLAINT FOR DECLARATORY JUDGMENT FOR NON-INFRINGEMENT
Plaintiff Holistic Technologies LLC (“Holistic”), hereby brings this Complaint for
Declaratory Judgment against Lumina Group Inc. (“Lumina”), and alleges as follows:
NATURE OF ACTION
1. This is an action for a declaratory judgment of non-infringement of the alleged
TENDLITE product trade dress (the “TENDLITE Trade Dress”) under 28 U.S.C. §2201
(Declaratory Judgment Act).
2. Holistic is also asserting claims of unfair competition, false patent marking, and
Unfair and Deceptive Trade Acts and Practices pursuant to M.G.L. Ch. 93A.
PARTIES
3. Holistic is a limited liability company organized and existing under the laws of the
Commonwealth of Massachusetts with a principal place of business at 71 Forest Street, Milton,
Massachusetts 02186.
4. Upon information and belief, Lumina is a corporation organized and existing under
the laws of the State of California, with a business address at 3983 Sequoia Street, San Diego,
California 92109.
JURISDICTION AND VENUE
5. This is an action arising under 43(a) of the Lanham Act 15 U.S.C. § 1125(a), 15
U.S.C. § 1051, et seq. and the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202.
This Court also has supplemental jurisdiction over the pendent state law claims pursuant to 28
U.S.C. §1367(a).
6. This Court has personal jurisdiction over Lumina through its purposeful minimum
contacts with Massachusetts by its selling and shipping products to Massachusetts. In addition to
these sales, Lumina also operates an interactive and commercial website which has, and continues
to, solicit business in the Commonwealth. The domain is https://tendlite.myshopify.com/.
Therefore, Lumina has sufficient minimum contacts with Massachusetts to establish personal
jurisdiction.
7. In addition to the above, Lumina sent a threatening cease and desist letter to
Holistic, which has forced Holistic to bring this action involving the TENDLITE Trade Dress.
8. Lumina purposefully availed themselves to the Commonwealth by its website,
transactions within the Commonwealth, and the cease and desist letter to Holistic.
9. Venue is proper pursuant to 28 U.S.C. §§ 139l(b)-(c) because the events and
communications between the parties that give rise to Holistic’s claim for declaratory relief
occurred in Massachusetts, and because upon information and belief, Lumina is subject to the
personal jurisdiction in this Court.

10. An actual case or controversy has arisen between the parties as Lumina has
demanded that Holistic cease and desist from any use and/or sale of Holistic’s Quantum
Rejuvenation product, which Lumina alleges infringes the TENDLITE Trade Dress.
FACTS
i. Threatening Letter
11. Holistic and Lumina sell competing red-light therapy products through their
websites and third-party online retailers such as Amazon.com, Inc. (“Amazon”) and Google LLC
(“Google”).
12. Lumina sent a threating letter, dated July 25, 2019, to Holistic. Lumina’s letter
alleged that Holistic’s Quantum Rejuvenation product was infringing the trade dress of Lumina’s
TENDLITE product and Holistic’s “advertising material, product photos and packaging has
willfully copied Lumina's materials”. The letter further asserted that Lumina “will pursue all
available remedies” and that Holistic would be liable for damages if Holistic continues to infringe
the TENDLITE Trade Dress. Lumina gave Holistic until August 5, 2019 to stop infringing the
alleged trade dress. Exhibit 1.
13. Lumina TENDLITE product configuration is generic and has no acquired
distinctiveness therefore it has no valid or enforceable trade dress.
14. Holistic’s Quantum Rejuvenation has not, and does not, infringe any valid or
enforceable aspect of the alleged TENDLITE Trade Dress.
15. Holistic has not copied any advertising material, product photos and/or packaging
of Lumina's materials.
16. As a result of Lumina's threat of litigation and the circumstances surrounding this
threat, an actual, present, and justiciable controversy has arisen between Lumina and Holistic
regarding Holistic’s manufacturing, advertising, and sale of its Quantum Rejuvenation product.
ii. Lumina’s Conduct
17. Lumina has falsely claimed to Amazon that Holistic has infringed the trademark of
Lumina by Holistic’s reference to Lumina in its comparative advertisement on the Holistic
Amazon page.
18. Amazon, without fully evaluating Lumina’s claims, removed Holistic’s
comparative statements, which has put Holistic at a competitive disadvantage and has resulted in
lost sales and financial damages to Holistic.
19. Lumina submitted its claim to Amazon with the full knowledge that Amazon does
not investigate infringement claims submitted to it and Amazon simply removes the allegedly
infringing material.
20. Lumina has falsely claimed to Google that Holistic has infringed the trademark of
Lumina by Holistic’s reference to Lumina in its comparative advertisement on the Holistic Google
advertisement page.
21. Google, without fully evaluating Lumina’s claims, removed Holistic’s comparative
statements, which has put Holistic at a competitive disadvantage and has resulted in lost sales and
financial damages to Holistic.
22. Lumina submitted its claim to Google with the full knowledge that Google does not
investigate infringement claims submitted to it and Google simply removes the allegedly
infringing material.
23. Lumina’s claims submissions to Google and Amazon were with the intention to
damage Holistic and to compete unfairly in the marketplace.
24. Lumina posted on Holistic’s Amazon page stating Holistic’s comparative
advertisements were inaccurate and illegal. These false and disparaging comments were viewed
by potential customers which has resulted in lost sales and financial damages to Holistic.
25. Lumina has falsely claimed its TENDLITE product was patented.
26. Lumina knows and at the time of posting its product was patented on its website
knew that Lumina did not have a patent for any technology related to or used with the TENDLITE
product.
27. Lumina falsely claimed its TENDLITE product was patented to gain an unfair
competitive advantage over Holistic and other companies.
28. Lumina believed the purchasing decisions of a substantial number of customers
would be influenced by the identification of patent protection in connection with its TENDLITE
product offered by Lumina, even if such identification was inaccurate or misleading.
29. At least one potential purchaser of the Quantum Rejuvenation product from Holistic
elected to purchase from Lumina because of its false or misleading assertion of patent protection
in its advertising.
30. Lumina’s false patent claims has been incidental to the commercial success of its
TENDLITE product.
31. Holistic is and has been damaged by Lumina’s false patent claims by having lost
sales and its reputation diminished.
32. Upon information and belief, Lumina, and/or its representatives, have posted
negative reviews on Holistic’s Amazon page.

33. Lumina has posted these negative reviews to influence purchasers’ decisions on
whether or not to buy the Holistic product.
34. Lumina’s negative reviews have caused financial damage to Holistic as it has
deterred purchasers away from Holistic and directed them toward Lumina’s TENDLITE product.
This has resulted in financial gain to Lumina at the detriment of Holistic.
35. Lumina’s own deceptive conduct has been done to damage Holistic and competing
unfairly in the marketplace and has given rise to Holistic’s own claims for relief.
COUNT I
(Declaration of Non-Infringement of Defendant's Alleged Trade Dress)
36. Holistic repeats and re-alleges each and every allegation set forth in the preceding
paragraphs of this Complaint.
37. Lumina has asserted that Holistic's Quantum Rejuvenation product is infringing the
trade dress of Lumina’s TENDLITE product and has threatened to bring a lawsuit against Holistic
if it does not cease its alleged infringing conduct. An actual, present, and justiciable controversy
has arisen between Lumina and Holistic concerning Holistic’s manufacture, advertising, and sale
of its Quantum Rejuvenation product.
38. Lumina’s red-light therapy product, called TENDLITE, consists of a two-piece
Stainless-Steel cylinder housing from which light emanates from one end of the cylinder
(“Cylinder Design”). The TENDLITE Cylinder Design, which Lumina alleges to be its trade dress
the (“TENDLITE Trade Dress”), is one of many product designs on the market that incorporate
the Cylinder Design. Exhibit 2.
39. At the time of Lumina’s alleged first use of the TENDLITE Trade Dress in 2013,
there were already other manufactures existing in the marketplace who were making and selling
light products also incorporating the Cylinder Design in the United States.
40. At the time of Lumina’s alleged first use of the TENDLITE Trade Dress in 2013,
the COAST brand of products, which incorporates the Cylinder Design, was well known and had
been on the market in the United States for a number of years. Exhibit 3.
41. Further, the Lomon brand of products, which incorporates the Cylinder Design, was
well known and had been on the market in the United States for a number of years. Exhibit 4.
42. Any differences appearing in the alleged TENDLITE Trade Dress as compared to
existing third-party products incorporating the Cylinder Design, are insufficient and insignificant,
such that Cylinder Design of the TENDLITE is incapable of functioning as a source identifier for
Lumina’s TENDLITE product.
43. Any differences appearing in the product design of the TENDLITE Trade Dress as
compared to existing third-party products incorporating the Cylinder Design are not perceived by
consumers as a way for identifying the Lumina’s TENDLITE product from the third-party
products.
44. Consumers used the TENDLITE name appearing on the Lumina’s TENDLITE
product to identify the TENDLITE’s products. See Exhibit 2.
45. Consumers do not use the Cylinder Design of the TENDLITE Trade Dress to
identify Lumina’s TENDLITE product.
46. The Cylinder Design of the TENDLITE is not different enough from existing third-
party product designs to permit the Cylinder Design of the TENDLITE to ever acquire
distinctiveness, such that the Lumina’s TENDLITE product configuration is incapable of
distinguishing Lumina’s TENDLITE product from similar products that also incorporate the
Cylinder Design.
47. For many years and beginning prior to 2013 numerous products from third party
manufacturers have been marketed, advertised, and purchased by consumers throughout the United
States, and elsewhere, which contain a cylinder design that was at least substantially similar to the
Cylinder Design of the TENDLITE.
48. The third-party adoption of Cylinder Designs incorporating the alleged TENDLITE
Trade Dress over the years has been widespread, commonplace, substantial and significant. Exhibit
5.
49. In view of the extensive usage of the Cylinder Design by many products
manufacturers over the years, the Cylinder Design of the TENDLITE does not serve as a source
identifier for Lumina’s TENDLITE product and is incapable of distinguishing the Lumina’s
TENDLITE products from similar products of others.
50. Red-light therapy consumers do not view products incorporating the Cylinder
Design, including Lumina’s TENDLITE product, as source indicators for red-light therapy
products given that the Cylinder Design is used by many product makers and diluted.
51. Given the widespread adoption of highly similar third-party product designs to the
Cylinder Design of the TENDLITE that exist in the marketplace, the Cylinder Design of the
TENDLITE has not acquired distinctiveness as a source-identifier for Lumina’s TENDLITE
products.
52. Holistic is therefore not infringing Lumina’s alleged TENDLITE Trade Dress
consisting of the Cylinder Design because it lacks the requisite legal requirements to be protectable
as trade dress.
53. Since Lumina’s Cylinder Design lacks the requisite legal requirements to be
protectable and enforceable trade dress it cannot be asserted against Holistic and Holistic cannot
infringe Lumina’s alleged TENDLITE Trade Dress.
54. Holistic is entitled to declaratory judgment that, since the Lumina’s Cylinder
Design does not meet the requisite legal requirements to be protectable and registrable, no
TENDLITE Trade Dress is enforceable against Holistic, Holistic is not infringing, has not
infringed, and is not liable for infringing or violating any TENDLITE Trade Dress.
65. Pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. § 2201 et seq.,
Holistic requests that the Court declare that Holistic does not infringe and has not infringed any
valid and/or enforceable claim of Lumina’s alleged TENDLITE Trade Dress.
COUNT II
(Unfair and Deceptive Trade Acts and Practices-M.G.L. ch. 93A Section 11)
67. At all relevant times hereto, Lumina was engaged in trade or commerce in the
Commonwealth of Massachusetts, and the complained of acts have occurred primarily and
substantially in Massachusetts, and all of the Plaintiff’s damages are occurring in Massachusetts.
68. Lumina’s conduct as set forth above, including but not limited to, submitting
intentionally false trademark infringement claims to Google and Amazon and posting false and
unsupported claims on Holistic’s Amazon page constitutes unfair and/or deceptive acts and
practices in trade, commerce, or business.
69. Lumina’s conduct has put Holistic at a competitive disadvantage as Holistic
customers have viewed Lumina’s false statements and Google and Amazon have taken down
portions of Holistic’s advertisements. As a direct competitor Lumina has financially benefited
from the harm inflicted upon Holistic.
70. As a direct and proximate result of Lumina’s conduct, Holistic has been and is
likely to continue to be substantially injured in its business, including harm to its revenues and
profits.
71. Lumina had no rational basis for the complaints it filed with Amazon and Google
therefore its conduct was done with bad faith.
72. Lumina’s actions make it liable for violation of the Massachusetts Consumer
Protection Act, M.G.L. Ch. 93A Section 11.
COUNT III
(Unfair Competition- 15 U.S.C. 1125(a))
74. Lumina’s submission of intentionally false trademark infringement claims to
Google, and Amazon constitutes acts of unfair competition.
75. Lumina’s posting false and unsupported claims on Holistic’s commercial
advertising Amazon page constitutes acts of unfair competition.
76. Lumina’s posting of negative reviews which tell consumers to purchase Lumina’s
TENDLITE product instead of Holistic’s on Holistic’s commercial advertising Amazon page
constitutes acts of unfair competition.
77. Lumina’s intentionally false advertising claiming its TENDLITE product
technology is covered by a patent when in fact it was not constitutes acts of unfair competition.
78. Lumina’s actions have been willful and deliberate and done with the full knowledge
Lumina does not have an enforceable, valid, or protectable trade dress or patent, and that Holistic
has not infringed any enforceable rights of Lumina.
79. As a result of Lumina’s actions consumers have been and are likely to continue to
be deceived by the false representations made by Lumina about its own goods and about Holistic’s
goods.
80. As a result of Lumina’s actions Holistic is incurring and will continue to incur
damages by others purchasing Lumina’s competing product instead of purchasing Holistic’s if
Lumina is not enjoined from further falsely submitting trademark infringement claims to Amazon,
Google, or any other third-party retailer and if Lumina is not enjoined from further posting in any
manner on any Holistic advertising or sales pages.
81. As a result of Lumina’s false patent advertising claims Holistic has and is incurring
damages by others purchasing Lumina’s competing product based on the false claims made to
potential consumers.
82. As a result of Lumina’s action Lumina has received financial profits it would not
have otherwise obtained if not for its unfair and deceptive practices.
83. As a result of Lumina’s action Holistic has been damaged financially due to lost
sales and harm to its reputation.
84. Pursuant to 15 U.S.C. § 1117, Holistic is entitled to recover all of Lumina’s profits,
Holistic’s damages, and the costs of this action. The intentional nature of Lumina’s unlawful
conduct also renders this an “exceptional case,” entitling Holistic to enhanced damages and an
award of attorney fees under 15 U.S.C. § 1117(a).

COUNT IV
(Patent False Marking - 35 U.S.C. § 292)
85. Holistic repeats and realleges the allegations of the preceding paragraphs as if fully
set forth herein.
86. Lumina approved the publication and distribution of marketing and advertising
material that claim the TENDLITE product technology has patent protection. Exhibit 6.
87. The TENDLITE product is not covered by any patent owned by Lumina.
88. Lumina cannot have any reasonable belief that the TENDLITE product technology
has patent protection.
89. At least for the reasons set forth herein, Lumina has, on information and belief,
falsely marked the TENDLITE product, with the intent to deceive the public, in violation of 35
U.S.C. § 292.
90. The erroneous assertion of patent protection in connection with the TENDLITE
product is likely to discourage or deter others from commercializing a competing product.
91. The erroneous assertion of patent protection in connection with the TENDLITE
product has the potential to, discourage or deter others from commercializing a competing product.
92. Lumina’s creation of or approval of marking, advertising and marketing materials
with false claims of patent protection for the TENDLITE product has wrongfully quelled
competition with respect to such product to an immeasurable extent thereby causing harm to
Holistic in an amount which cannot be readily determined.
93. Lumina has wrongfully and illegally advertised patents which Lumina does not
possess, and, as a result, has likely benefitted in at least maintaining its considerable market share
with respect to the TENDLITE product in the marketplace.
94. Each advertising of falsely claimed patent protection at least potentially contributes
to the public harm.
95. Pursuant to 35 U.S.C. § 292(b) Holistic has suffered a competitive injury as a result
of Lumina’s violation of 35 U.S.C. § 292 and is entitled to recovery of damages to compensate for
the damage done to Holistic.
PRAYER FOR RELIEF
Wherefore, Holistic respectfully requests that the Court enter judgment in its favor and
against Lumina as follows:
A. Declare that Plaintiff does not infringe and has not infringed any TENDLITE Trade
Dress;
B. Determine and declare that the Defendant has engaged in unfair and deceptive acts
or practices in violation General Laws Chapter 93A;
C. Determine and declare that the Defendant has engaged in acts of unfair competition
in violation of 15 U.S.C. 1125(a);
D. Award Plaintiff its costs and attorney's fees under 35 U.S.C. § 285;
E. Determine and declare that the Defendant is in violation of 35 U.S.C. § 292 and
award all of Lumina’s profits, and Holistic’s damages, to Holistic, and enjoin Lumina from
committing such acts in the future;
F. Enjoin Lumina from asserting any trademark or trade dress infringement claims
related to the TENDLITE product to any third-party retailer;
G. That the Plaintiff be awarded its reasonable attorney's fees and costs as provided by
the statute;
H. That the Plaintiff be awarded Defendant’s profits from his unlawful acts and that
an accounting be rendered of such profit; and,

I. That the Plaintiff be awarded such other and further relief as this Court deems just
and equitable.
JURY TRIAL DEMAND
Holistic demands a trial by jury on all issues triable by right of jury.
Date: August 5, 2019 Respectfully submitted by,

Attorneys for Plaintiff
/s/ Brendan M. Shortell

Brendan M. Shortell (BBO# 675851)
Gary E. Lambert (BBO # 548303)
Lambert Shortell & Connaughton
92 State Street, Suite 200
Boston, MA 02109
Telephone: 617.720.0091
Facsimile: 617.7206307
Shortell@lambertpatentlaw.com
Case 1:19-cv-11677 Document 1-1 Filed 08/05/19 Page 1 of 5
Exhibit 1
Law Offices Of
16870 West Bernardo Drive, Suite 400

San Diego, California 92127
Tel: (858) 487-9300
Ben T. Lila www.mandourlaw.com
blila@mandourlaw.com
July 25, 2019
Lee Weinstein
Holistic Technologies LLC
71 Forest St.
Milton, MA 02186
Telephone: (781) 643-1242
Email: LWUSPTO@StopGrinding.com
Re: Unauthorized use of the TENDLITE Trade Dress

Our File No.: Lumina Group/4399.02-001
Dear Mr. Weinstein:
We represent Lumina Group Inc. (“Lumina”), owner of all trademark and trade dress designs
associated with its TENDLITE product (the “TENDLITE Trade Dress”). Lumina has used the
TENDLITE Trade Dress continuously in interstate commerce on certain goods and services
including a light-based medical device since at least 2013.
We have been asked to contact you regarding your adoption of an infringing trade dress design
for your similar “Quantum Rejuvenation” product sold on Amazon.com. Additionally, your
advertising material, product photos and packaging has willfully copied Lumina’s materials. See
enclosed. We are concerned that your use of the infringing trade dress is likely to cause
confusion with the TENDLITE Trade Dress in violation of trademark and other unfair
competition laws including, but not limited to, the Lanham Act (15 U.S.C. § 1051, et seq.). Your
use of the infringing trade dress is likely to lead the public to believe that your products and
services are licensed by, sponsored by, or otherwise affiliated with Lumina, which is not the
case.
As you may know, our client has a legal duty to police any confusingly similar uses of its
trademarks and trade dress. For the foregoing reasons, we demand that you immediately cease
and desist from any further use of the infringing trade dress.
© 2008 Mandour & Associates, APC

Lee Weinstein
Holistic Technologies LLC
July 25, 2019
Page 2
Given the similarity of the trade dress, and the importance of this brand to our client, we view
this situation as very serious. Should you not immediately address our client’s concerns, we will
pursue all available remedies. Please contact me in writing by August 5, 2019 to confirm that
you will comply with the above.
The demands asserted in this letter are with full reservation of all rights and remedies that our
client may possess including, but not limited to, past and continuing profits, actual damages,
treble damages, attorneys’ fees, claims of dilution and the right to injunction.
Respectfully,
Ben T. Lila, Esq.

Mandour & Associates, APC
cc: Lumina Group Inc.

Enclosure
© 2008 Mandour & Associates, APC

Lumina Group Inc. Holistic Technologies LLC

Lumina Group Inc. Holistic Technologies LLC

Exhibit 2
8/2/2019 Case 1:19-cv-11677 TENDLITE®
Document | TENDLITE® - Fast08/05/19
1-2 Filed Joint Pain Relief
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ou 1:19-cv-11677
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Chronic joint pain may be distressing and can negatively affect your lifestyle.
TenDlite® is an anti-inflammatory & analgesic light therapy device that relieves joint pain,
promotes faster healing, which increases mobility allowing you to experience a better
quality of life.
NASA scientists, for years, have studied and applied proven light therapy (photo-therapy) to
provide pain relief and speed up healing using the same technology utilized by TenDlite®.
Studies have shown that LED red light therapy is effective for temporary relief of minor
muscle and joint pain, arthritis, muscle spasm, relieving stiffness, promoting relaxation of
muscle tissue, and temporarily increasing local blood circulation where heat is indicated.
TenDlite® provides the deep penetration of light necessary to reach the injured tissue and
relieve pain fast. This pain relief generated by TenDlite® medical grade technology, is due
to the immediate restoration of optimal blood circulation to the deep tissue, reducing
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TenDlite® generates a powerful 1500 mW output of the specific red light wavelength used
by medical office based light therapy devices, but in the comfort and convenience of your
home.
TenDlite® has hundreds of positive and useful reviews from doctors that have been
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therapeutic properties of TenDlite®.
Anna from customer service says “I have worked for a few companies in customer service
before, but this is the first product that I work with that receives so many e-mails from
satisfied customers whom only want to thank us for the amazing results they obtained from
TenDlite®. They actually take their time to write us and share with us their improved well
being. That, to me, is major! I am ecstatic to be involved with this product!”
Other features:
TenDlite® by Lumina Group Inc® is an FDA cleared medical device, under K-100213,
indicated to treat various types of pain
TenDlite® is a safe, effective way to treat your Joint Pain without the side effects of
drugs or risks of infection and prolonged down time caused by injectable steroids or
surgeries.
TenDlite® is easy to use: just shine the light for up to three 1 minute doses directly at
the joint or injury area.
TenDlite® is made of durable material, light in weight, easy to handle, and to apply to
any part of the body.
TenDlite® utilizes state of the art technology used on pro athletes by today's leading
8/2/2019 Case 1:19-cv-11677 TENDLITE®
Page 4 of 7
doctors, physical therapists and trainers. Now you can successfully treat your injury at
home for a fraction of the cost.
TenDlite® offers a 60 days money back guarantee and 1 year warranty.
You may be asking yourself some questions….

“Is it safe?”
Yes! The wavelength used by the TenDlite® are within the normal visible spectrum of light,
with no harmful UV rays.
“What parts of the body can it be used on?”

Tendlite® is used for arthritis and pain relief for muscles and joints such as finger knuckles,
ankles, shoulders, knees, etc. Some may also use it for meridians and acupressure points..
“Is there any scientific research to back it up?”

Studies have shown that LED red light therapy is effective for temporary relief of minor
muscle and joint pain, arthritis and muscle spasm, relieving stiffness, promoting relaxation
of muscle tissue, and temporarily increasing local blood circulation.
“How does it work?”

LED phototherapy is a highly effective method of delivering therapeutic light energy as well
as increased circulation into the tissue of the treatment area. LED phototherapy is more and
more becoming the method of choice among therapists and sports trainers.
"What separates Tendlite® from other products?"

Tendlite® delivers approximately 3 to 5 times more optical output of power than leading
competitive products, which puts it on a par with some professional machines in terms of
power output, helping toward a quicker more effective delivery.
“If I have a serious injury should i rely on the Tendlite®?”

No. Always consult a physician for severe injuries or any other serious medical condition
first.
“Is there a guarantee?”

Yes! If not satisfied for any reason, send it back within 60 days for full refund.
Do you have other questions? Please email:

info@tendlite.com
TECHNICAL SPECIFICATIONS
Voltage 4.5v DC at 3.0-watt input
Dimensions of case: 4.8" L x 1" W x 1" H
LED: red 660nm
Optical output 1500 mW
Spot coverage: 1" radius at 1 inch from optic
8/2/2019 Case 1:19-cv-11677 TENDLITE®
Page 5 of 7
Spot coverage: 1 radius at 1 inch from optic
1 charger
Power source: 1 large Li-ion rechargeable battery - 18650 3.7v 3000mAh *please do not use
other kind*
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  84 Reviews  WRITE A REVIEW
Reviews (84)
Pamela P. Verified Buyer 07/18/19

P
 
Healing my foot
I purchased the tendlite because I had foot surgery and after the surgery I was told by my
doctor that I have an impinged ankle..the tendlite has healed my ankle to about 75%...I'm
happy with the results and has sent my father one for his foot.
 Share  Was This Review Helpful? 0 0
Thomas C. Verified Buyer 06/21/19

T
 
tendlite fast joint pain relief.
a little bit helpful.
Kim D. Verified Buyer 06/13/19

K
 
Mixed review. Good at first. and then the light went out.
The red light therapy is remarkable. I've used it on knees, shoulders, spine. It was working
fine and then it stopped working. Customer service has been great. We are still figuring out
what the next step is to get the light back on. I shouldn't submit this just yet until we have a
satisfying solution. I am hopeful this will be resolved shortly.
Edward S. Verified Buyer 06/07/19

E
 
Tendlite
This is a terrific product. Relieves pain as advertised. I recommend to my friends.
8/2/2019 Case 1:19-cv-11677 TENDLITE®
Page 6 of 7
Chris G. Verified Buyer 05/17/19

C
 
I have terrible arthritis in my hands it helped a lot but I started having pain in upper arm and
was concerned all souse on my knees and hips and toes , not fun getting old
I
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Hello From Team Tendlite® Why Buy From Us
1:04 1:39
What people are saying about us...

"I investigated the technology and found a lot of studies that did in every case find the red
light 660 nm did work very well. The NASA research was there. With the light you can see
the outlines of your fingers bones & the blood vessels. Wow what a difference! 5 over 5!"
NJ
"I use this little gem for many areas of my back. I suffer from L1 L4 L5 S1 chronic back pain.
Been using product for about 2 weeks with great effectiveness. Get it you won't be sorry!!!!"
Dr. Walters
8/2/2019 Case 1:19-cv-11677 TENDLITE®
Page 7 of 7
"I wish to tell you how wonderful I feel after a few treatments with the TenDlite, before I
took the treatment I felt like I was walking on broken glass, and now I can walk almost
normal. By the way I had an appointment with my doctor at UC Davis this morning, and she
was very impressed with my improvement, and ask me what I have been doing. I told her
about the TenDlite and I been treating myself with it since Morning afternoon. She did
examine my TenDlite and ask for the web address. She said she will recommend TenDlite to
all her patients."
gm8854
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Lumina Group Inc. | TENDLITE Division

4640 Cass St #99153
San Diego - CA 92169
United States
Copyright © TENDLITE® - Fast Joint Pain Relief. All rights reserved.
Exhibit 3
8/2/2019 COAST A15 Stainless
Case 1:19-cv-11677 Document Steel LED
1-3Flashlight
Filed- Wall Porch LightsPage
08/05/19 - Amazon.com
2 of 8
Skip to main content All COAST-A l 5-Stainless-Steel-Flashlight
Deliver to Brendan EN Hello, Brendan 0

Concord 01742 Your Pickup Location Browsing History Account & Lists Orders Prime Cart
Tools & Home Improvement › Safety & Security › Flashlights
COAST A15 Stainless Steel

$53.18
LED Flashlight & FREE Returns
by Coast
 Save 19 customer reviews FREE delivery: Sunday
| 6 answered questions Order within 4 hrs 57 mins. Details
Deliver to Brendan - Concord
 Save $5.03 01742
Price: $53.18 & FREE Returns In Stock.

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Note: Available at a lower price from other
sellers, potentially without free Prime Buy Now
shipping.
Ships from and sold by
Free Amazon tech support included
Amazon.com.
BULLS-EYE SPOT BEAM OPTIC: Consists
of an extremely bright, centered ‘hot Gift-wrap available.
spot’ and a very consistent transition
halo to increase the effective viewing
area. Add to List
HIGH | LOW: Control your light power
with the push of a button. Cycle Add to your Dash Buttons
between High power and low power
options.
Share
SPECS: light output range 49 - 330
lumens, beam distance range 164 FT /
Other Sellers on Amazon
50 M - 429 FT / 131 M, runtime range
21H - 2H 45MIN, 3.9IN / 9.9 CM, 5.0 OZ $51.47 Add to Cart
/ 141 G, 3 X AAA battery + Free Shipping
Runtime: High - 2 hours 45 minutes; Sold by: JB Tool Sales
Low - 21 hours
Beam distance: High - 131 meters (429 $41.90 Add to Cart
Roll over image to zoom in
ft); Low - 50 meters (164 ft) + $9.95 shipping
› See more product details Sold by: National Tool Warehouse
New (17) from $51.47 & FREE shipping. $52.49 Add to Cart
+ Free Shipping
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Ultra Bright,
Rechargeable,
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This item: COAST A15 Stainless Steel LED Flashlight $53.18
151
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4 stars and above Sponsored Page 1 of 4

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COAST G10 Inspection CSNDICE 35W LED Anker Super Bright Tactical COAST P
Pocket Penlight Flashlight, Rechargeable Handheld Flashlight, Rechargeable Lumen W
Black Searchlight, High-power (18650 Battery Included), Beam Fo
206 Super Bright 9000mah ... Zoom... Flashligh
$7.84 763 3,299
$29.69 $27.99 $33.78
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Sponsored products related to this item Page 1 of 36
COAST A22R Rechargeable Coast PX45 Twist Focus COAST PX20 Dual Color Coast Polysteel 600R 530 LUMENSHOOTER High
Stainless Steel LED 212 Lumen LED Flashlight 315 Lumen LED Flashlight lm Rechargeable Power LED Flashlight
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9 $42.26 $21.01 Black Zoomable, USB Recharg...
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Product description
Product Description
A great fit in your pocket for daily carry, the A15 Flashlight with it’s Bulls-Eye Spot Beam Optic is ideal for mechanics and other professional users needing a
high powered compact light. The sleek stainless steel finish is easy to clean, and the front switch allows you to switch between High and Low modes easily.
1-3Flashlight
4 of 8
From the Manufacturer
The stainless steel body of the Coast A15 flashlight is not only great looking, it is also a favorite of mechanics and other professional users because it is easy to
clean when it inevitably gets covered in grease and gunk around the shop. The high intensity LED combined with Coast's Max Beam Optic System gives you the
maximum amount of usable light for your application. The Bulls Eye spot beam pattern gives you a great focused spot with a maximum beam distance of 127
meters (416 feet), while producing an outer ring of flood light which allows you to see a broader area for added side vision. Built tough, an impact-resistant,
stainless steel casing resists rust and corrosion. Tested and rated to ANSI/FL1 standards, the A15 also features an unbreakable LED and rubberized O-ring for
reliable water resistance and durability. Backed by Coast's lifetime guarantee against defects in materials and workmanship.
Product information
Technical Details Additional Information
Part Number A15 ASIN B005NXPU2W
Item Weight 6.4 ounces Customer Reviews 19 customer

reviews
Product Dimensions 2.5 x 2.5 x 6 inches 4.6 out of 5 stars
Item model number A15 Best Sellers Rank #495,000 in Tools & Home
Improvement (See Top 100 in Tools
Size 330 Lumens & Home Improvement)
#7,768 in Flashlights (Tools &
Color A15 - 330 Lumens
Home Improvement)
Style Non-Rechargeable
Shipping Weight 8 ounces (View shipping rates and
Shape A15 policies)
Voltage 3 volts Domestic Shipping Item can be shipped within U.S.
Item Package Quantity 1 International Shipping This item can be shipped to select
countries outside of the U.S. Learn
Number Of Pieces 1 More
Type of Bulb LED Date First Available October 3, 2011
Batteries Included? Yes

Warranty & Support
Batteries Required? Yes
Warranty, Parts: Parts
Warranty Description LIFETIME WARRANTY: Backed
by the COAST Lifetime Warranty Product Warranty: For warranty information about this product, please click
against defects in materials and here. [PDF ]
workmanship.
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Sponsored products related to this item Page 1 of 25
1-3Flashlight
5 of 8
Coast PX45 Twist Focus COAST A22R Rechargeable COAST HP5R-BLU Coast HP17TAC Focusing COAST FL75R
212 Lumen LED Flashlight Stainless Steel LED Rechargeable Focusing 615 Lumen LED Flashlight Rechargeable 530 Lumen
99 Flashlight 185 Lumen LED Flashlight, with Tactical Strobe Dual Color Focusing LED
$42.26 9 Blue 241 Headlamp, Black
$89.08 26 $93.08 32
$86.44 $81.12
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Customer questions & answers
Have a question? Search for answers
Question: Coast A15 . What type of batteries use?

0
Answer: Three AA
votes
By Paul Kearney on September 10, 2016
See more answers (3)
Question: How can I remove the battery pack from a Coast hp550?
0
Answer: twist it at the center. it will split into 2 pieces
votes
By Craig Engstrom on August 17, 2016
Question: My flashlight broke down, how can I make valid the lifetime warranty?
0
Answer: Warranty only covers workmanship, only if parts are faulty , not damaged by owner
votes
By Jason Czap on July 20, 2016
Question: What batteries are required for the A15 330 Lumens flashlight?
0
Answer: Three AAA batteries.
votes
By Paul Kearney on March 13, 2016
See more answered questions (2)
19 customer reviews Showing 1-8 of 19 reviews
4.6 out of 5 stars Top Reviews

Top Reviews
5 star 68% M Altaf

4 star 32%
Great light but only one mode.
3 star 0%
February 7, 2015
2 star 0% Verified Purchase
1 star 0%
This is a great light with an excellent build quality but it has only one mode. I have many flash lights
and I would prefer at least one more mode at a lower output. Other than that the light is very solid
and you can feel the quality as soon as you hold it. It is a little heave and it is slippery. The light is
Review this product water resistant not waterproof so keep that in mind. It is a great overall light.
Share your thoughts with other customers One person found this helpful
1-3Flashlight
6 of 8
Write a customer review Helpful Comment Report abuse
Mickey Valentine
Good little flashlight

February 22, 2019
Verified Purchase
Already dropped it about 200 times in my engine bay. Slippery but works everyday. Good in wet
conditions like rain or a pond. Burns through batteries though, might consider lithiums. After about 6
months the switch still works, which on the $10 ones will almost always go bad.
Helpful Comment Report abuse
COAST 7839 Nano Tac LED Flashlight

54 Neil
$5.25 Shop now
Coast A15
Ad feedback December 20, 2018
Verified Purchase
Cool little flashlight. I use mainly for working on cars. Feels sturdy but I haven't dropped it yet. Fits in
my mouth when I need two hands. Yea, kinda gross. The two brightness levels are easy to get to. Just
double-click the one button.
Sonja
Bright!!
January 9, 2013
Verified Purchase
My husband couldn't wait to get this flashlight. Now, he wears it on his everyday to work. He loves it
and as a Auto Mechanic, he needs a bright light and this is certainly BRIGHT!
One person found this helpful
Street Sanurai 42
... a bright as the model it replaced but still good.

May 8, 2016
Verified Purchase
Not quite a bright as the model it replaced but still good.
Richard Ludwig
great
December 14, 2013
Verified Purchase
fantastic little flashlight. powerful and so good that I bought several more to keep in the other
vehicles, it uses regular triple A batteries
G. Dechant
Five Stars
January 25, 2016
Verified Purchase
Very bright and durable. Heavy metal case.
Jason Czap
1-3Flashlight
7 of 8
Awesome flashlight
January 23, 2016
Verified Purchase
The nicest flashlight I ever owned, its easy to clean and very bright. The on-off switch is easy to use
one handed. Very much worth the price. This will be the last flashlight you will ever buy, unless you
buy one for someone else.
See all 19 reviews
Write a customer review
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Exhibit 4
8/2/2019 T9013 5w Wholesale 200m Stainless Steel Strong
Case 1:19-cv-11677 Light Rechargeable
Document 1-4 Filed Flashlight - Buy 5w Flashlight,Wholesale
08/05/19 Page 2 of 11 Flashlight,Strong Light Fl…
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Home > All Industries > Lights & Lighting > Professional Lighting > LED Flashlights (134402163) Subscribe to Trade Alert
T9013 5w Wholesale 200m Stainless Steel Strong Light Ningbo Lomon

Rechargeable Flashlight Lighting Technology
Co., Ltd.
FOB Reference Price: Get Latest Price
5 YRS CN
$8.20 - $8.60 / Sets | 50 Set/Sets (Min. Order)
Manufacturer, Trading Company
Gold Supplier
Emitting Color: Warm White
Trade Assurance
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Supplier
Satisfied
4.0 /5 10 Reviews 
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Transaction Level:
Seller Support: Trade Assurance
protect your orders from payment to delivery 19 Transactions  10,000+
View larger image Browsing
Response Time <24h
 History
Payments:
More Response Rate  80.8%
Shipping: Alibaba.com Ocean Shipping Service from China to U.S View Company Profile
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D9023 Portable AAA

Product Details Company Profile Report Suspicious Activity
Dry Battery 9 Led M
$0.55 - $1.20 / Pie
100 Pieces
related products Parameters Product Description Factory Tour Packaging & Shipping Our Services Com  
1000 Lumens XML

Most Powerful
Overview $6.90 - $8.81 / Set
100 Sets
Quick Details
Flashlight Type: Rechargeable Flashlight T9050 5w 250m Lo
Range S5 Waterpro
Place of Origin: Zhejiang, China (Mainland)
$4.50 - $4.90 / Set
Brand Name: Lomon
100 Sets
Model Number: T9013
Battery Type: 18650 Li-ion Rechargeable Battery
T9660 Most Powerf
Usage: Emergency XML L2 Outdoor
Power Source: Rechargeable Battery $5.36 - $7.26 / Set
100 Sets
Lighting Period (h): 6
Certification: CE, FCC, RoHS
1000 Lumens
IP Rating: IP67
Handheld XM-L T6
Lamp Body Material: Aluminum Alloy
$1.85 - $3.88 / Pie
Warranty(Year): 1 100 Pieces
Light Source: LED

LED Light Source: 5W Led Chip 3.7V T9684 6 Modes L2
XML Led Portable
Water-Proof: Yes
$8.57 - $11.43 / Se
Irradiation Range: 200 Meters
100 Sets
Flashlight Function: 3 Modes No Zoom
Flashlight Size: 121*25MM
T9639-2 LED
OEM Order: LOGO Printing Available Multifunction USB
Color: Silver (Customizable) $9.64 - $10.95 / Se
100 Sets
Weight: 300 G(without Battery)
Charging Time: 5-8 Hours for Flashlight
T9690 Customizabl
Light Output: 240 Lumens for Flashlight
Aluminum Alloy
Type: Flashlights
$3.81 - $5.60 / Pie
100 Pieces
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Supply Ability: 100000 Piece/Pieces per Month for Flashlight
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Packaging & Delivery Enter your inquiry details such as
Packaging Details Carton Dimensions/Loading Quantity:63.5*38*27 cm/50 Pcs--Loading Quantity of 20 GP/40 GP/40 HQ:22000 Pcs/43000 Pcs/52000 Pcs, … product name, color, size, MOQ, FOB
etc.
Port Ningbo,Shanghai
* Quantity:
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Parameters
Brand Name: Lomon

Model Number: T9013
Name: 5w Wholesale 200m Stainless Steel Strong Light Rechargeable Flashlight
Battery Type: 18650 Li-ion Rechargeable Battery
LED Light Source: 1W Led Chip 3.7V(Customizable)
Flashlight Type: Rechargeable Flashlight
Light Output: 240 Lumens for Flashlight
OEM/ODM Order: LOGO Printing Available
Power Source: Rechargeable Battery
Lamp Body Material: Aluminum Alloy
Function: 3 Modes No Zoom
Weight: 300 G(without Battery)
Flashlight Size: 121*25MM
Irradiation Range: 200 Meters
Color: Silver (Customizable)
Certification: CE, RoHS
Usage: Emergency
Water Proof: Yes
Product Description
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Supplier
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8/2/2019 T9013 5wCase
Wholesale 200m Stainless Steel Document
1:19-cv-11677 Strong Light Rechargeable
1-4 Filed Flashlight - Buy 5w Flashlight,Wholesale
08/05/19 Page 10 of 11Flashlight,Strong Light Fl…
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History
Packaging & Shipping
1.Shipment
DHL/EMS/UPS/FEDEX/TNT/DPEX/ARAMEX/BY AIR/BY SEA
With DHL ,normal shipping time is 3-5 days .
With Fedex ,normal shipping time is 5-7 days
With EMS ,around 20 days for shipping time .
EX:Airmail post way is ok (China post ,hk post ,e-packet)
2.Delivery time
Within two working days after paid normally .
3.Tracking number
After send out the goods ,we will send you the tracking number to trace the goods .
4.Payment
Paypal ,western union ,bank transfer .money gown ,escrow Paypal is our first choice . If big order can firstly pay a part to prepare the goods .
5.Packing
Carton Dimensions/Loading Quantity:76.5*40*25 cm/50 Pcs--Loading Quantity of 20 GP/40 GP/40 HQ:18000 Pcs/36000 Pcs/44000 Pcs, We
can Provide Display Pack, Blister pack, Gift Box, White Box or Color Box, any Package is Available here, Depends on Your Ideas for 5w
Wholesale 200m Stainless Steel Strong Light Rechargeable Flashlight
Our Services
1.Delivery Lead time: we'll send out your parcel within 2 working days after receiving your payment.
2.Quality Guaranteed: Professional Quality Controllers to supervise the production to make sure our quality is the best.
3.Various styles: More than 1000 different styles stock to catch the market demand and we will update our inventory in time.
4.Order requirement: No MOQ requirement,you can mix your order freely.
5.Advance tech: Global leading professional manufacturing of sexy lingerie,our factory build in 2005 .
6.Product quality: with QC to check the goods quality ,and also if bad quality ,we will refund .
7.After-sales service: keep tracking cusomer parcel's situations.
8.OEM/ODM order are warmly welcomed.
Company Information
Lomon Lighting located at Xidian Industry Area, Ninghai, Ningbo, China which is committed to R & D and produce quality Led Flashlights,
HeadLamps, Bicycle Lights, Laser Pointer, Camping Lights, Diving Flashlights, Searchlights, Jade Identification Flashlights and other
Outdoor Lights. We have 189 patented products which are widely used in hunting, fishing, Diving, camping, hiking, exploring, bikes, cars,
railway lighting, hotels, rescuing, mining, forestry, agriculture & animal husbandry, night work, household lighting, gem and jade identification,
jewelry display lighting and high-end gifts, etc, Our network sales around the Middle East, Europe and the United States, Asia and other
cities. All products are tested under high and low temperature, vibration, shock and passed CE, RoHS, IP65 or IP68 certification. Welcome
customers around the world come to consulting and hope we can have a cooperation.
FAQ
8/2/2019 T9013 5wCase
Wholesale 200m Stainless Steel Document
1:19-cv-11677 Strong Light Rechargeable
1-4 Filed Flashlight - Buy 5w Flashlight,Wholesale
08/05/19 Page 11 of 11Flashlight,Strong Light Fl…
Q1:Are you a Factory or trading company?
We are a factory which is located in Ninghai Town,Ningbo City.
Q2: When will the products be deliveried if the order has been placed?
We promise we do delivery our hot led flashlights in 7 days and it will take 28 days for the customised itmes.
Q3: What is your quality control process?
We are certified with ISO-9001, and strictly follow the ISO procedures. We do 100% testing for any of led flashlights before the order has
been deliveried.
Q4: What Certificates do you have?
Our led flashlights have been tested by CE and RoHS Sandards which is complied with the European Directive.
Q5: Do you have any sales service?
Yes, we do 1 Year Warranty for any of our led flashlights.We keep promise we do full refund for the defective led flashlights.
Q6: What about the payment?
We accept T/T, L/C for the large quantities order, and Western union and Paypal will be accept for the samll quantities order of led flashlight.
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Ready to Ship  In Stock  Fast Dispatch Ninghai Tonghui

Red LED Flashlight Stainless Steel power red Flashlight red torch Optoelectronics Technology
3*aaa Battery 18650 Rechargeable torch power flashlight Co., Ltd.
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Aluminum led
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Stainless steel stick

for self-defense
Product Description Our Services
$10.00 - $10.51 /
Piece
2 Pieces
Overview High power Handhe

USB Charge Micro e
Quick Details $2.60 - $2.99 / Pie
5 Pieces
Flashlight Type: Rechargeable Flashlight
Place of Origin: Zhejiang, China (Mainland)
Factory Best Quality
Brand Name: samsun
SUPER BRIGHT XM
Model Number: BK31
$4.41 - $5.14 / Pie
Battery Type: AAA 2 Pieces
Usage: Emergency
Power Source: Rechargeable Battery Multifunctional Hig
light USB Charging
Lighting Period (h): 4
$5.96 - $6.68 / Box
Certification: CCC, CE, RoHS
IP Rating: IP55
Lamp Body Material: Stainless Steel
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Product name: Stainless steel flashlight
Material: Stainless Steel
Factory Wholesale D
Size: 125mm*25.3mm
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Exhibit 6
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

Lumina Group, Inc.
Holistic Technologies, LLC
(b) County of Residence of First Listed Plaintiff Norfolk County, MA County of Residence of First Listed Defendant San Diego County, CA
(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)
Lambert Shortell & Connaughton

92 State Street, Boston, MA 02109
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))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 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
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s 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 IRS—Third 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):
28 U.S.C. §2201
VI. CAUSE OF ACTION Brief description of cause:
Declaratory judgment of non-infringement, unfair competition, patent false marking
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
08/04/2019 /s/ Brendan M. Shortell
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 06/17) Case 1:19-cv-11677 Document 1-7 Filed 08/05/19 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 there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
V. Origin. Place an "X" in one of the seven 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 – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
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.
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
1. Title of case (name of first party on each side only)

Holistic Technologies LLC v. Lumina Group Inc.
2. Category in which the case belongs based upon the numbered nature of suit code listed on the civil cover sheet. (See local
rule 40.1(a)(1)).
I. 160, 400, 410, 441, 535, 830*, 835*, 850, 891, 893, R.23, REGARDLESS OF NATURE OF SUIT.
✔ II. 110, 130, 190, 196, 370, 375, 376, 440, 442, 443, 445, 446, 448, 470, 751, 820*, 840*, 895, 896, 899.
120, 140, 150, 151, 152, 153, 195, 210, 220, 230, 240, 245, 290, 310, 315, 320, 330, 340, 345, 350, 355, 360, 362,
III. 365, 367, 368, 371, 380, 385, 422, 423, 430, 450, 460, 462, 463, 465, 480, 490, 510, 530, 540, 550, 555, 560, 625,
690, 710, 720, 740, 790, 791, 861-865, 870, 871, 890, 950.
*Also complete AO 120 or AO 121. for patent, trademark or copyright cases.
3. Title and number, if any, of related cases. (See local rule 40.1(g)). If more than one prior related case has been filed in this
district please indicate the title and number of the first filed case in this court.
4. Has a prior action between the same parties and based on the same claim ever been filed in this court?
YES 9 NO 9✔
5. Does the complaint in this case question the constitutionality of an act of congress affecting the public interest? (See 28 USC
§2403)
YES 9 NO ✔
9
If so, is the U.S.A. or an officer, agent or employee of the U.S. a party?
YES 9 NO ✔
9
6. Is this case required to be heard and determined by a district court of three judges pursuant to title 28 USC §2284?
YES 9 NO 9
7. Do all of the parties in this action, excluding governmental agencies of the United States and the Commonwealth of
Massachusetts (“governmental agencies”), residing in Massachusetts reside in the same division? - (See Local Rule 40.1(d)).
YES 9 NO 9✔
A. If yes, in which division do all of the non-governmental parties reside?
Eastern Division 9 Central Division 9 Western Division 9

B. If no, in which division do the majority of the plaintiffs or the only parties, excluding governmental agencies,
residing in Massachusetts reside?
Eastern Division 9✔ Central Division 9 Western Division 9

8. If filing a Notice of Removal - are there any motions pending in the state court requiring the attention of this Court? (If yes,
submit a separate sheet identifying the motions)
YES 9 NO 9✔
(PLEASE TYPE OR PRINT)
ATTORNEY'S NAME Brendan M. Shortell
ADDRESS 92 State Street, Suite 200, Boston, MA 02109
TELEPHONE NO. 617-720-0091
(CategoryForm1-2019.wpd )

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Case 1:19-cv-11677 Document 1 Filed 08/05/19 Page 1 of 14

UNITED STATES DISTRICT COURT

Holistic Technologies LLC, )

COMPLAINT FOR DECLARATORY JUDGMENT FOR NON-INFRINGEMENT

1. This is an action for a declaratory judgment of non-infringement of the alleged

(Declaratory Judgment Act).

Commonwealth of Massachusetts with a principal place of business at 71 Forest Street, Milton,

JURISDICTION AND VENUE

to, solicit business in the Commonwealth. The domain is https://tendlite.myshopify.com/.

8. Lumina purposefully availed themselves to the Commonwealth by its website,

9. Venue is proper pursuant to 28 U.S.C. §§ 139l(b)-(c) because the events and

personal jurisdiction in this Court.

alleged trade dress. Exhibit 1.

13. Lumina TENDLITE product configuration is generic and has no acquired

distinctiveness therefore it has no valid or enforceable trade dress.

enforceable aspect of the alleged TENDLITE Trade Dress.

ii. Lumina’s Conduct

Lumina by Holistic’s reference to Lumina in its comparative advertisement on the Holistic

18. Amazon, without fully evaluating Lumina’s claims, removed Holistic’s

lost sales and financial damages to Holistic.

financial damages to Holistic.

damage Holistic and to compete unfairly in the marketplace.

24. Lumina posted on Holistic’s Amazon page stating Holistic’s comparative

competitive advantage over Holistic and other companies.

28. Lumina believed the purchasing decisions of a substantial number of customers

product offered by Lumina, even if such identification was inaccurate or misleading.

sales and its reputation diminished.

negative reviews on Holistic’s Amazon page.

whether or not to buy the Holistic product.

This has resulted in financial gain to Lumina at the detriment of Holistic.

paragraphs of this Complaint.

of its Quantum Rejuvenation product.

38. Lumina’s red-light therapy product, called TENDLITE, consists of a two-piece

the Cylinder Design. Exhibit 2.

Lumina’s TENDLITE product.

product to identify the TENDLITE’s products. See Exhibit 2.

identify Lumina’s TENDLITE product.

distinctiveness, such that the Lumina’s TENDLITE product configuration is incapable of

Cylinder Design of the TENDLITE.

TENDLITE products from similar products of others.

TENDLITE has not acquired distinctiveness as a source-identifier for Lumina’s TENDLITE

infringe Lumina’s alleged TENDLITE Trade Dress.

valid and/or enforceable claim of Lumina’s alleged TENDLITE Trade Dress.

paragraphs of this Complaint.

practices in trade, commerce, or business.

69. Lumina’s conduct has put Holistic at a competitive disadvantage as Holistic

portions of Holistic’s advertisements. As a direct competitor Lumina has financially benefited

from the harm inflicted upon Holistic.

therefore its conduct was done with bad faith.

Protection Act, M.G.L. Ch. 93A Section 11.

paragraphs of this Complaint.

74. Lumina’s submission of intentionally false trademark infringement claims to

Google, and Amazon constitutes acts of unfair competition.

75. Lumina’s posting false and unsupported claims on Holistic’s commercial

advertising Amazon page constitutes acts of unfair competition.

TENDLITE product instead of Holistic’s on Holistic’s commercial advertising Amazon page

constitutes acts of unfair competition.

77. Lumina’s intentionally false advertising claiming its TENDLITE product

has not infringed any enforceable rights of Lumina.

damages by others purchasing Lumina’s competing product instead of purchasing Holistic’s if

manner on any Holistic advertising or sales pages.

sales and harm to its reputation.

award of attorney fees under 15 U.S.C. § 1117(a).

set forth herein.