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Case 2:19-cv-10590 Document 1 Filed 12/16/19 Page 2 of 18 Page ID #:2
1 PRELIMINARY STATEMENT
2 1. As an engineering student at Tel Aviv University in 2012, then-24-year-
3 old Sharon Rabi conducted an experiment that would change her life in ways she
4 could never have expected: she cut her thick, curly hair very short. She bought two
5 straightening irons to help tame her new hairdo, but naturally curly hair combined
6 with the humidity in Israel meant she had to wake up twenty minutes earlier each
7 day. Sharon thought there must be an easier way for women to tackle uncooperative
8 tresses.
9 2. Sharon talked to her father Kobi Guy, also an engineer, and they put
10 their heads together to develop an alternative to the traditional flat iron. What they
11 thought would be a six-month project required five prototypes and years of trial and
12 error before the product was ready. In September 2015, Sharon posted a video on
13 YouTube in which she straightened her (now long) hair with the straightening brush
14 she and her father had created, called the “DAFNI” brush.1
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28 Available at https://www.youtube.com/watch?v=ey5eAZXSGlA (last accessed
Dec. 15, 2019).
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1 THE PARTIES
2 8. Plaintiff Guy A. Shaked Investments Ltd. is a corporation duly
3 organized and existing under the laws of Israel, having its principal place of business
4 at 20, Lincoln St., Rubinstein Bldg. 15th floor, Tel-Aviv, Israel.
5 9. Guy A. Shaked Investments Ltd. is the assignee and owner of the
6 Patents-in-Suit.
7 10. Plaintiff Dafni Hair Products, Ltd. is a corporation duly organized and
8 existing under the laws of Israel, having its principal place of business at 10 Zarchin
9 Street, Raanana, Israel.
10 11. Dafni is the exclusive licensee of the Patents-in-Suit.
11 12. On information and belief, Defendant Elegante Beauty Discount Center
12 Inc. is a corporation duly organized and existing under the laws of California, having
13 its principal place of business at 3000 S. Grand Avenue, Los Angeles, California,
14 and with a registered agent at the same address. On information and belief,
15 Defendant sells products under the name “Chromatique Professional.”
16 JURISDICTION AND VENUE
17 13. This Court has subject matter jurisdiction pursuant to 28 U.S.C.
18 §§ 1331 and 1338(a).
19 14. The Court has personal jurisdiction over Defendant because, among
20 other things, upon information and belief: (i) Defendant has its principal place of
21 business in Los Angeles, California; (ii) Defendant has done and continues to do
22 business in California; and (iii) Defendant has committed and continues to commit
23 acts of patent infringement in the State of California, including by making, using,
24 offering for sale, and/or selling accused products in this District, and/or inducing
25 others to commit acts of patent infringement in this District.
26 15. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b),
27 1391(c), and 1400(b) because, among other things, on information and belief:
28 (i) Defendant has its principal place of business in Los Angeles, California;
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1 24. In September 2015, Sharon revealed the brush to the world with a
2 YouTube video that has been reported to have been viewed more than 120 million
3 times. The original DAFNI brush went on sale later in 2015. Dafni has since
4 developed a smaller version with detachable cord called the DAFNI go, and
5 rechargeable cordless version, the DAFNI Allure.
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15 DAFNI Original DAFNI go DAFNI Allure
16 25. Sharon’s husband, Kobi Rabi, a former fighter pilot in the Israeli
17 military, is the current Chief Executive Officer of Dafni.
18 26. Despite being a revolutionary invention in the field of hair
19 straightening, Dafni has struggled as the company attempts to compete with copycats
20 popping up around the world, disregarding Dafni’s intellectual property rights,
21 undercutting Dafni on price, and in many cases undermining the brand’s growth
22 potential by manufacturing and selling lower quality brushes.
23 PATENTS-IN-SUIT
24 27. Dafni has obtained two design patents and three utility patents for its
25 brushes in the United States.
26 28. On May 8, 2018, the United States Patent and Trademark Office duly
27 and lawfully issued U.S. Design Patent D817,007 (the “D’007 Patent”), entitled
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1 “Hair Straightening Brush.” A true and correct copy of the D’007 Patent is attached
2 hereto as Exhibit A.
3 29. On February 28, 2017, the United States Patent and Trademark Office
4 duly and lawfully issued U.S. Patent No. 9,578,943 (the “’943 Patent”), entitled
5 “Hair Straightening Brush.” A true and correct copy of the ’943 Patent is attached
6 hereto as Exhibit B.
7 30. On March 14, 2017, the United States Patent and Trademark Office
8 duly and lawfully issued U.S. Patent No. 9,591,906 (the “’906 Patent”), entitled
9 “Hair Straightening Brush.” A true and correct copy of the ’906 Patent is attached
10 hereto as Exhibit C.
11 31. On January 30, 2018, the United States Patent and Trademark office
12 duly and lawfully issued U.S. Patent No. 9,877,562 (the “’562 Patent”), entitled
13 “Hair Straightening Brush.” A true and correct copy of the ’562 Patent is attached
14 hereto as Exhibit D.
15 DEFENDANT AND THE ACCUSED PRODUCT
16 32. Not long after the DAFNI brush took the internet by storm, the copycats
17 began to appear, including from Defendant. On information and belief, since 2016
18 Defendant has sold the “CHROMATIQUE PROFESSIONAL” hot straightening
19 brush, which copies the look, feel, and straightening technology developed by the
20 daughter/father inventors over the course of several years:
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11 33. On information and belief, Defendant sells its CHROMATIQUE
17 since at least February 15, 2018, at which time Dafni notified Defendant that the
18 CHROMATIQUE PROFESSIONAL hot straightening brush infringes particular
19 claims of the ’943 and ’906 Patents.
20 35. Defendant has and continues to willfully infringe the Patents-In-Suit
27 herein.
28 37. Plaintiffs have valid and protectable rights in the D’007 Patent.
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1 that meet the elements of the asserted claims. By way of non-limiting example, the
2 CHROMATIQUE PROFESSIONAL hot straightening brush practices the invention
3 of claim 1 because it is a brush with a heating place on the face of the brush with
4 multiple heating elements thermally coupled to and protruding from the plate. The
5 rows of heating elements on the CHROMATIQUE PROFESSIONAL brush are
6 arranged in lengthwise, offset rows, surrounding by heat-insulating bristles. Each
7 heating protruding heating element also has a heat insulating spacer projecting
8 outwardly from the heating element.
9 46. Defendant has infringed at least claims 1-4, 8, 9, 11, 12, and 15-21 of
10 the ’943 Patent, pursuant to 35 U.S.C. § 271(a) by making, using, offering to sell,
11 and/or selling in the United States, and/or importing into the United States the
12 CHROMATIQUE PROFESSIONAL hot straightening brush. Upon information
13 and belief, Defendant’s infringement is ongoing.
14 47. Defendant’s infringement of the ’943 Patent is willful because it was
15 done with knowledge of Plaintiffs’ patent while also knowing that its conduct was
16 infringement.
17 48. Dafni Hair Products loses sales for each of the accused brushes that is
18 sold. But for the availability of accused products, a customer would purchase a
19 DAFNI brush. Plaintiffs therefor seek recovery of all lost profits associated with the
20 sale of accused brushes.
21 49. Alternatively, Plaintiffs seek to recover all of Defendant’s profits on the
22 infringing goods under 35 U.S.C. § 289, or a reasonable royalty.
23 50. Plaintiffs seek treble damages for willful infringement, as well as
24 recovery of their attorney’s fees.
25 THIRD CAUSE OF ACTION
26 (INFRINGEMENT OF THE ’906 PATENT)
27 51. Plaintiffs incorporate by reference Paragraphs 1-50 as if fully set forth
28 herein.
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1 52. The ’906 Patent generally relates to a brush with protruding heating
2 elements and spacers to maintain distance between the heating elements and the
3 user’s skin. The asserted claim of the ’906 Patent is directed to a method of
4 manufacturing a brush, comprising arranging spacers protruding from the face of the
5 brush to maintain a distance between the heating elements and the user’s scalp,
6 additional spacers around the heating elements, and a relationship between the
7 density of the spacers and their flexibility to ensure protection of the scalp.
8 53. Defendant infringes the ’906 Patent by making, selling, and/or offering
9 for sale in the United States, and/or importing into the United States, ceramic brushes
10 that meet the elements of the asserted claims. Defendant practices the invention of
11 claim 18 by manufacturing brushes with multiple spacers to maintain a specific
12 distance between the ends of the heating elements and the user’s scalp, additional,
13 shorter spacers around the heating elements, and a density of spacers designed to
14 ensure space between the user’s scalp and the heating elements when the spacers are
15 flexed.
16 54. Defendant has infringed claim 18 the ’906 Patent, pursuant to 35 U.S.C.
17 § 271(a) by making, using, offering to sell, and/or selling in the United States, and/or
18 importing into the United States the CHROMATIQUE PROFESSIONAL hot
19 straightening brush. Upon information and belief, Defendant’s infringement is
20 ongoing.
21 55. Defendant’s infringement of the ’906 Patent is willful because it was
22 done with knowledge of Plaintiffs’ patent while also knowing that its conduct was
23 infringement.
24 56. Dafni Hair Products loses sales for each of the accused brushes that is
25 sold. But for the availability of accused products, a customer would purchase a
26 DAFNI brush. Plaintiffs therefor seek recovery of all lost profits associated with the
27 sale of accused brushes.
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EXHIBIT A
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Case 2:19-cv-10590 Document 1-2 Filed 12/16/19 Page 1 of 12 Page ID #:25
EXHIBIT B
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Case 2:19-cv-10590 Document 1-2 Filed 12/16/19 Page 4 of 12 Page ID #:28
Case 2:19-cv-10590 Document 1-2 Filed 12/16/19 Page 5 of 12 Page ID #:29
Case 2:19-cv-10590 Document 1-2 Filed 12/16/19 Page 6 of 12 Page ID #:30
Case 2:19-cv-10590 Document 1-2 Filed 12/16/19 Page 7 of 12 Page ID #:31
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EXHIBIT C
Case 2:19-cv-10590 Document 1-3 Filed 12/16/19 Page 2 of 12 Page ID #:38
I IIIII I IIIIII Il llll lllll lllll lll l lllll l lll lll l lllll 111 111111 1 111111
US009591906B2
(65) Prior Publication Data International Search Report from Interntional Application No. PCT/
IL2013/050420 dated Aug. 28, 2013.
US 2015/0101139 Al Apr. 16, 2015
Primary Examiner - Rachel Steitz
Related U.S. Application Data (74) Attorney, Agent, or Firm - Dorsey & Whitney LLP
(63) Continuation of application No.
PCT/IL2013/050017, filed on Jan. 6, 2013. (57) ABSTRACT
A brush is provided herein, the brush having heating ele
(30) Foreign Application Priority Data ments dispersed on and protruding from its face and spacers
arranged to maintain a specified distance between protruding
May 17, 2012 (IL) .......................................... 219875 ends of the heating elements and a scalp of a head that is
being brushed. The spacers are dispersed on the brush's face
(51) Int. Cl. at a specified density that assures maintaining the specified
A45D 24/10 (2006.01) distance with respect to a resilience of the spacers.
A45D 7100 (2006.01)
(Continued) 20 Claims, 5 Drawing Sheets
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US 9,591,906 B2
1 2
HAIR STRAIGHTENING BRUSH elements may have a cross section that varies in shape, and
heating elements of varying forms may be combined on a
CROSS-REFERENCE TO RELATED single brush.
APPLICATIONS The term "spacer" as used herein in this application refers
5 to any structure arranged to keep a clearance or a specified
This application is a National Phase Application of PCT distance between heating elements of the brush and the scalp
International Application No. PCT/IL2013/050420, Interna of the user's head. Spacers may have any form and may be
tional Filing Date May 16, 2013, claiming priority of PCT positioned on the brush and/or on the heating elements.
Patent Application No. PCT/IL2013/050017, filed Jan. 6, Spacers may be made of any material, preferable a heat
2013, and Israeli Patent Application No. 219875, filed May 10 insulating material. Different types of spacers may be used
17, 2012, all of which are hereby incorporated by reference. at different regions of the brush.
With specific reference now to the drawings in detail, it is
BACKGROUND stressed that the particulars shown are by way of example
and for purposes of illustrative discussion of the preferred
1. Technical Field 15 embodiments of the present invention only, and are pre
The present invention relates to the field of hair heat sented in the cause of providing what is believed to be the
treatment, and more particularly, to brush-like hair straight most useful and readily understood description of the prin
eners. ciples and conceptual aspects of the invention. In this regard,
2. Discussion of Related Art no attempt is made to show structural details of the invention
Hot combs have been used since the late l 9'h century, 20 in more detail than is necessary for a fundamental under
however operational considerations and safety requirements standing of the invention, the description taken with the
have been limiting their applicability. drawings making apparent to those skilled in the art how the
several forms of the invention may be embodied in practice.
BRIEF SUMMARY Before explaining at least one embodiment of the inven-
25 tion in detail, it is to be understood that the invention is not
One aspect of the present invention provides a brush limited in its application to the details of construction and
comprising a plurality of heating elements protruding from the arrangement of the components set forth in the following
a face of the brush, the heating elements dispersed on the description or illustrated in the drawings. The invention is
brush's face at a specified density; and a plurality of spacers applicable to other embodiments or of being practiced or
arranged to maintain a specified distance between protruding 30 carried out in various ways. Also, it is to be understood that
ends of the heating elements and a scalp of a head that is the phraseology and terminology employed herein is for the
being brushed, the spacers dispersed on the brush's face at purpose of description and should not be regarded as lim
a specified density that assures maintaining the specified iting.
distance with respect to a resilience of the spacers. FIGS. lA-lC are high level schematic illustrations of a
These, additional, and/or other aspects and/or advantages 35 brush 100 according to some embodiments of the invention.
of the present invention are set forth in the detailed descrip FIG. lA is a perspective view, FIG. lB is a cross sectional
tion which follows; possibly inferable from the detailed view and FIG. lC is a side view. FIGS. 2A-2C and 3A-3D
description; and/or learnable by practice of the present are high level schematic illustrations of various arrange
invention. ments of heating elements 120 and spacers 130 of brush 100
40 according to some embodiments of the invention. Brush 100
BRIEF DESCRIPTION OF THE DRAWINGS comprises heating elements 120 dispersed on and protruding
from its face and spacers 130 arranged to maintain a
For a better understanding of embodiments of the inven specified distance between protruding ends of heating ele
tion and to show how the same may be carried into effect, ments 110 and a scalp of a head that is being brushed.
reference will now be made, purely by way of example, to 45 Spacers 130 are dispersed on the brush's face at a specified
the accompanying drawings in which like numerals desig density that assures maintaining the specified distance with
nate corresponding elements or sections throughout. respect to a resilience of spacers 130.
In the accompanying drawings: FIGS. lA and lB illustrate flat, essentially one-sided
FIGS. lA-lC are high level schematic illustrations of a brush 100, having a back 91, a handle 90, an operation
brush according to some embodiments of the invention; 50 button 95 and optionally an operation indicator and a heating
FIGS. 2A-2C and 3A-3D are high level schematic illus level selector (not shown). In the cross sectional view of
trations of various arrangements of the heating elements and FIG. lB, heat source 110 is visible, as well as the internal
spacers of the brush according to some embodiments of the structure of elements in handle 90. FIG. lC illustrates a
invention; and cylindrical brush 100 having dispersed heating elements 120
FIG. 4 is a high level schematic flowchart illustrating a 55 and spacers 130. In these embodiments, some of spacers 130
method according to some embodiments of the invention. may be connected on top (126) of some of heating elements
120 (130B) or among heating elements 120 (130C).
DETAILED DESCRIPTION FIGS. 2A and 28 illustrate two configurations of heating
elements 120 and spacer 130 on brush's face 92. FIG. 2A
Prior to setting forth the detailed description, it may be 60 illustrates a dense arrangement of heating elements 120 and
helpful to set forth definitions of certain terms that will be spacer 130 in which there is a high probability of each hair
used hereinafter. 80 contacting at least one heating element 120 and each hair
The term "heating element" as used herein in this appli 80 is likely to be extensively heated. FIG. 28 illustrates a
cation refers to any type of heat conductive element, in less dense arrangement of heating elements 120 and spacers
particular metal (e.g. aluminum) heat conductors. Heating 65 130 in which heating elements 120 are spread apart in
elements may have any shape, e.g. elongated, flat, conical, respect to FIG. 2A. As heating elements 120 are more
have a cross section that is round, elliptic or flat etc. Heating remote from each other, there is a lower probability of each
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EXHIBIT D
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