Squatty Potty v. Xuzhou MallBoo Network Tech. - Complaint

Case 4:19-cv-00105-DN Document 2 Filed 12/20/19 Page 1 of 23
GURR BRANDE & SPENDLOVE, PLLC

ROBERT A. GURR (Utah Bar No. 13722)
rob@gbsip.com
JARED G. BRANDE (Utah Bar No. 11514)
jared@gbsip.com
ROBERT D. SPENDLOVE (Utah Bar No. 15924)
spendlove@gbsip.com
491 E. Riverside Dr., #4B
St. George, UT 84790
Phone: (435) 634-8868
Fax: (866)-232-8818
Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT

DISTRICT OF UTAH
SQUATTY POTTY, LLC,

Case No. _____________________
Plaintiff,
v. COMPLAINT
XUZHOU MALLBOO NETWORK

TECHNOLOGY CO., LTD., a Chinese
limited liability company, DOES I-X, and JURY TRIAL DEMANDED
ROES I-X
Defendants.
Plaintiff, Squatty Potty, LLC, by and through its counsel, Gurr Brande & Spendlove,
PLLC, hereby brings this Complaint against the Defendants, Xuzhou MallBoo Network
Technology Co., Ltd., DOES I-X, and ROES I-X, and alleges as follows:
THE PARTIES
1. Plaintiff, Squatty Potty, LLC, is an active Delaware Limited Liability Company
with its principal place of business at 1664 S. Dixie Dr., Ste. G-102, Saint George, Utah 84770.
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2. Defendant Xuzhou MallBoo Network Technology Co., Ltd., (hereafter
“MallBoo”) is a Chinese limited liability company with a business address of No. 2, East Third
Ring Road, Jinshan Bridge Development Zone, Xuzhou, China 221000.
3. DOES I-X are individuals, who are yet to be discovered whose rights and interests
may be affected herein or who may be liable for the damages set forth herein. Plaintiff reserves
the right to amend its Complaint to name DOES I-X as they are discovered.
4. ROES I-X are legal entities (corporations, limited liability companies, trusts, etc.),
who are yet to be discovered and whose rights and interests may be affected herein or who may
be liable for the damages set forth herein. Plaintiff reserves the right to amend its Complaint to
name ROES I-X as they are discovered.
JURISDICTION AND VENUE
5. Squatty Potty, LLC (“Plaintiff”), files this design and utility patent infringement
under the patent laws of the United States; for trademark infringement under the trademark laws
of the United States; and for related claims of unfair competition and trade practices under
federal laws and the laws of the state of Utah. This Court has subject matter jurisdiction over the
patent claims under 28 U.S.C. § 1338(a), over the trademark infringement claims under 15
U.S.C. § 1121, over the unfair trade practices and unfair competition claims under 28 U.S.C. §§
1331 and 1338(b), and over the remaining claims under 28 U.S.C. §§ 1338(b) and 1367(a). The
Court also has jurisdiction over this action pursuant to 28 U.S.C. §1332(a).
6. This Court has personal jurisdiction over MallBoo because MallBoo conducts
business throughout the United States and has conducted business within the District of Utah.
7. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) and (c).
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GENERAL ALLEGATIONS
8. Plaintiff is also the owner, by virtue of assignment, of the entire right, title, and
interest in and to U.S. Design Patent D766,604, entitled “Adjustable Toilet Footrest,” which was
filed on March 23, 2016 and granted on September 20, 2016 (hereafter the “‘604 Patent”). (See
Exhibit A).
9. Plaintiff is the owner, by virtue of assignment, of the entire right, title, and interest
in and to U.S. Utility Patent 9,895,036, entitled “Adjustable Toilet Footrest and Method of Use,”
which was filed on May 15, 2015 and granted on February 20, 2018 (hereafter the “‘036
Patent”). (See Exhibit B).
10. Plaintiff is also the owner of three design patents in the United States, each
entitled “Flippable Toilet Footrest”: D840,166 (hereafter the “‘166 Patent”), granted February
12, 2019; D840,167 (hereafter the “‘167 Patent”), granted February 12, 2019; and D842,618
(hereafter the “‘618 Patent”), granted March 12, 2019. The patent certificates for each of these
design patents for the Flippable Toilet Footrest are attached hereto as Exhibit C.
11. Plaintiff has also filed a utility patent application for the Flippable Toilet Footrest
(Application No. 16/198,534), which was published on May 23, 2019 (See Exhibit D).
12. Plaintiff has invested substantial time and resources into developing its product
line of toilet stools and associated goods.
13. Plaintiff’s Adjustable Toilet Footrest (the subject of the ‘036 and ‘604 Patents)
incorporates various ornamental features as shown in the figures accompanying the ‘604 Patent.
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14. Plaintiff’s Flippable Toilet Footrest (the subject of the ‘166, ‘167, and ‘618
Patents) incorporates various ornamental features as shown in the figures accompanying the
‘166, ‘167, and ‘618 Patents.
15. Plaintiff is also the owner of a stylized trademark registered with the United
States Patent and Trademark Office (Registration No. 4354138). The mark consists of a stylized
representation of a person sitting on the toilet with his feet resting on a toilet foot stool in front of
him to put him into a 35-degree angle (hereafter the “Trademark”). (See Exhibit E)
16. Plaintiff’s Trademark was registered on June 18, 2013.
17. Plaintiff became aware that MallBoo was selling on Amazon.com a toilet stool
described as an “Adjustable Bamboo Squatting Toilet Stool,” (hereafter referred to as the
“MallBoo Adjustable Stool”).
18. The MallBoo Adjustable Stool carries an Amazon Standard Number
Identification (“ASIN”) of B076GXN3HL.
19. The link to the webpage where MallBoo sells the MallBoo Adjustable Stool is:
https://www.amazon.com/dp/B076GXN3HL/ref=dp_cerb_3. A screenshot of the listing is
below:
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20. MallBoo uses the following image in connection with its Amazon listing for the
MallBoo Adjustable Stool:
21. Plaintiff’s counsel reached out to MallBoo through the messaging platform on
Amazon.com and advised the latter that the MallBoo Adjustable Stool infringes the ‘604 Patent
and the Trademark.
22. MallBoo never responded to Plaintiff’s counsel and continued to sell the
infringing MallBoo Adjustable Stool and to use the Trademark without authorization from
Plaintiff.
23. Plaintiff recently became aware that MallBoo has also been selling on
Amazon.com a toilet stool described as “MallBoo Bamboo Squatting Toilet Stool with Flip
Adjustment” (hereafter referred to as the MallBoo Flip Stool”).
24. The ASIN for the MallBoo Flip Stool is B07SLY64XD and could be purchased
using the following link: https://www.amazon.com/MallBoo-Bamboo-Squatting-Toilet-
Adjustment/dp/B07SLY64XD. A screenshot of the listing is attached below:
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25. MallBoo also uses a colorable imitation of the Trademark in connection with the
sale of the MallBoo Flip Stool.
First Cause of Action

(Direct Infringement of the ‘604 Patent by MallBoo)
26. Plaintiff re-alleges and incorporates by reference the allegations contained in
paragraphs 1 through 25 above, as though fully set forth herein.
27. Plaintiff is the owner of the ‘604 Patent, which is valid and enforceable.
28. MallBoo has infringed, induced others to infringe, and/or contributed to the
infringement of the ‘604 Patent, and continues to do so by manufacturing, using, offering to sell,
selling within, and importing into the United States, without permission from Plaintiff to do so,
products covered by the ‘604 Patent, including but not limited to the MallBoo Adjustable Stool,
in violation of and 35 U.S.C. 289.
29. A side-by-side comparison of figures from the ‘604 Patent (left) and photos of the
MallBoo Adjustable Stool from Amazon.com (right) are reproduced below:
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30. An ordinary observer, given such attention as a purchaser usually gives, would be
deceived by the substantial similarity between the design of the MallBoo Adjustable Stool and
the patented design in the ‘604 Patent.
31. Despite being notified of the ‘604 Patent, MallBoo has refused to cease its
infringing activities.
32. MallBoo was aware of the ‘604 Patent at least as early as November 7, 2017.
33. MallBoo’s deliberate and willful actions in infringing the design of Plaintiff’s
‘604 Patent, have caused, and will continue to cause, irreparable harm to Plaintiff unless
permanently enjoined pursuant to 35 U.S.C. §283.
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34. MallBoo has also profited from, and continues to profit from, its infringing stool.
35. Plaintiff has suffered pecuniary damages in amounts to be determined at trial as a
result of MallBoo’s willful infringement of the ‘604 patent, pursuant to 35 U.S.C. §§284 and
289.
36. MallBoo’s wrongful, malicious, fraudulent, deliberate, willful, and/or intentional
conduct makes this an exceptional case entitling Plaintiff to an award of attorney’s fees and
costs.
Second Cause of Action

38. Plaintiff is the owner of the entire right, title, and interest in the ‘036 Patent.
39. MallBoo has and continues to manufacture, use, import, distribute, offer to sell,
and/or sell in the United States the MallBoo Adjustable Stool that infringes the ‘036 Patent.
Specifically, the MallBoo Adjustable Stool product infringes at least claim 1 of the ‘036 Patent
literally and/or under the doctrine of equivalents. The MallBoo Adjustable Stool product
infringes claim 1 of the ’036 Patent at least because the MallBoo Adjustable Stool product
includes each and every limitation of claim 1.
40. MallBoo was aware of the ‘036 Patent at least as early as June 27, 2018.
41. MallBoo infringes and will continue to infringe the claim of the ‘036 Patent by
making, using, importing, offering to sell, and/or selling within the United States the MallBoo
Adjustable Stool product.
42. MallBoo’s infringement of the ‘036 Patent is willful.
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43. MallBoo is, and will continue to be, damaged and irreparably harmed by
MallBoo’s infringement, which will continue unless MallBoo is enjoined by this Court.
Third Cause of Action

products covered by the ‘167 Patent, including but not limited to the MallBoo Flip Stool, in
violation of 35 U.S.C. §271(a) and 35 U.S.C. 289.
MallBoo Flip Stool from Amazon.com (right) are reproduced below:
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deceived by the substantial similarity between the design of the MallBoo Flip Stool and the
patented design in the ‘167 Patent.
49. MallBoo has been aware of the ‘167 Patent.
51. MallBoo has also profited from, and continue to profit from, its infringing stool.
289.
costs.
Fourth Cause of Action

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289.
costs.
Fifth Cause of Action

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289.
costs.
Sixth Cause of Action

(Trademark Infringement - 15 U.S.C. 1114)
75. MallBoo has been selling the MallBoo Adjustable Stool and MallBoo Flip Stool
on Amazon.com.
76. On MallBoo’s Amazon.com listing is a representation of a person sitting on a
toilet with his feet resting on a toilet foot stool in front of him to put him into a 35-degree angle.
A screenshot of the representation is below:
77. The representation on MallBoo’s Amazon.com listing is nearly identical to
Plaintiff’s Trademark.
78. MallBoo does not have Plaintiff’s consent to use the Trademark.
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79. MallBoo’s use of a representation of a person sitting on the toilet with his feet
resting on a toilet foot stool in front of him to put him into a 35-degree angle is a violation of 15
U.S.C. 1114(1)(a) in that MallBoo has, without the consent of Plaintiff, used in commerce a
reproduction, counterfeit, copy, or colorable imitation of the Trademark in connection with the
sale, offering for sale, distribution, or advertising of goods and services provided by MallBoo.
MallBoo has used the imitation in such a manner as is likely to cause confusion, mistake, or to
deceive.
80. MallBoo’s use of a representation of a person sitting on the toilet with his feet
resting on a toilet foot stool in front of him to put him into a 35-degree angle is a violation of 15
U.S.C. 1114(1)(b) in that the MallBoo has, without the consent of Plaintiff, used in commerce a
reproduction, counterfeit, copy, or colorable imitation of the Trademark and applied such
reproduction, counterfeit, copy, or colorable imitation to advertisements intended to be used in
commerce in connection with the sale, offering for sale, distribution, or advertising of goods and
services provided by MallBoo. MallBoo has used the imitation in such a manner as is likely to
cause confusion, mistake, or to deceive.
81. MallBoo’s use of an imitation of the Trademark is committed with knowledge
that the imitation was intended to be used to cause confusion, mistake, or to deceive.
82. Plaintiff is entitled to injunctive relief under 15 U.S.C 1116 and recovery of
damages from MallBoo pursuant to 15 U.S.C 1117. Damages recoverable are three times the
actual damages sustained by Plaintiff, MallBoo’s profits, and the costs of the action, together
with Plaintiff’s attorney fees, or in the alternative, damages in such sum as the Court may find to
be just according to the circumstances of the case.
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Seventh Cause of Action

(Trademark Infringement - 15 U.S.C. 1125(a))
84. MallBoo has intentionally violated 15 U.S.C. 1125(a) in that it has, on or in
connection with MallBoo’s goods or services, used an imitation of the Trademark which
represents a false designation of origin, false or misleading description, and/or a
misrepresentation of fact likely to cause confusion, mistake, or deceive as to the affiliation,
connection, or association of MallBoo with Plaintiff or which is likely to cause confusion,
mistake or deceive as to whether Plaintiff has anything to do with the origin, sponsorship, or
approval of the goods, services, or commercial activities of MallBoo.
85. MallBoo has similarly violated 15 U.S.C. 1125(a) intentionally in that their
commercial advertising or promotion using an imitation of the Trademark misrepresents the
nature, characteristics, qualities, and/or geographic origin of their goods, services, or commercial
activities.
86. Plaintiff is entitled to injunctive relief under 15 U.S.C. 1116 and recovery of
damages from MallBoo, pursuant to 15 U.S.C. 1117. Damages include, the actual damages
sustained by the Plaintiff, MallBoo’s profits, and the costs of the action together with Plaintiff’s
reasonable attorney fees. In the alternative, Plaintiff is entitled to recover damages in such sums
as the Court may find just according to the circumstances of the case.
Eighth Cause of Action

(Trademark Infringement - 15 U.S.C. 1125(c))
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88. MallBoo’s use of an imitation of the Trademark has caused and continues to
cause dilution of the distinctive quality of the Trademark. MallBoo’s use of an imitation of the
Trademark is a violation of 15 U.S.C. 1125(c), Plaintiff’s mark being distinctive and famous
within the meaning of the statute and MallBoo’s use of and imitation of the Trademark in
commerce having begun after the Trademark became distinctive and famous.
89. MallBoo willfully intended to trade on Plaintiff’s reputation and/or cause dilution
of the Trademark by their use of an imitation of the Trademark.
90. Plaintiff is entitled to injunctive relief under 15 U.S.C. 1116 and recovery of
damages from MallBoo, pursuant to 15 U.S.C. 1117(a). Damages recoverable are actual
damages sustained by the Plaintiff, MallBoo’s profits, and the costs of the action together with
Plaintiff’s reasonable attorney fees. In the alternative, Plaintiff is entitled to recover damages in
such sum as the Court may find just according to the circumstances of the case.
Ninth Cause of Action

(Unfair Competition – Utah Code Ann. § 13-5a-102)
92. MallBoo has engaged in unfair competition by intentionally using the Trademark
to trade on Plaintiff’s long-standing and hard-earned goodwill in its name and marks, as well as
in order to confuse consumers as to the origin and sponsorship of MallBoo’s goods and services
and to pass their products and services off as those of Plaintiff.
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93. MallBoo’s conduct is likely to cause confusion, mistake or deception as to the
affiliation, connection, or association of MallBoo’s products with Plaintiff, and as to the origin,
sponsorship, or approval of MallBoo and its products.
94. MallBoo had direct and full knowledge of Plaintiff’s prior use of and rights in the
Trademark before the acts complained of herein.
95. MallBoo’s unlawful and unfair conduct has led to a material diminution of the
reputation and goodwill established by Plaintiff in the Trademark.
96. As a result of MallBoo’s aforesaid conduct, Plaintiff has suffered substantial
damages, as well as the continuing loss of the goodwill and reputation established by Plaintiff in
the Trademark. This continuing loss of goodwill cannot be properly calculated and thus
constitutes irreparable harm and an injury for which Plaintiff has no adequate remedy at law.
Tenth Cause of Action

(Violation of Utah Consumer Sales Practices Act - Utah Code Ann. § 13-11-4)
98. MallBoo has falsely and intentionally indicated that its products are affiliated with
or sponsored or approved by Plaintiff, in violation of the Utah Consumer Sales Practices Act,
Utah Code Ann. § 13-11-4(2)(a).
99. MallBoo has falsely and intentionally indicated that MallBoo is affiliated with or
sponsored or approved by Plaintiff, in violation of the Utah Consumer Sales Practices Act, Utah
Code Ann. § 13-11-4(2)(i).
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affiliation, connection or association of MallBoo and its products with Plaintiff, and as to the
origin, sponsorship or approval of MallBoo and its products.
its Trademark. This continuing loss of goodwill cannot be properly calculated and thus
Plaintiff will continue to suffer irreparable harm unless this Court enjoins MallBoo’s conduct.
Eleventh Cause of Action

(Trademark Infringement and Unfair Competition - Utah Common Law)
103. MallBoo has deliberately and willfully attempted to trade on Plaintiff’s
longstanding and hard-earned goodwill in its name and Trademark and the reputation Plaintiff
established in connection with its products, as well as to confuse consumers as to the origin and
sponsorship of MallBoo’s products and to pass its products off as those of Plaintiff.
104. MallBoo’s unauthorized and tortious conduct has also deprived and will continue
to deprive Plaintiff of the ability to control the consumer perception of its products offered under
Plaintiff’s marks, placing the valuable reputation and goodwill of Plaintiff in the hands of
MallBoo.
affiliation, connection or association of MallBoo and its products with Plaintiff, and as to the
origin, sponsorship or approval of MallBoo and its products, in violation of Utah common law.
Page 19 of 23
the Trademark. This continuing loss of goodwill cannot be properly calculated and thus
Plaintiff will continue to suffer irreparable harm unless this Court enjoins MallBoo’s conduct.
JURY DEMAND
107. Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff requests
a jury trial of all issues that may be tried to a jury in this action.
PRAYER FOR RELIEF
Based on the foregoing, Plaintiff respectfully requests that the Court:
1. Enter judgment in favor of Plaintiff and against MallBoo on all claims;
2. Enter judgment and preliminarily and permanently enjoin and restrain
MallBoo, its officers, directors, principals, agents, servants, employees, successors and assigns,
and all others aiding, abetting, or acting in concert or active participation therewith, from
making, using, importing, selling or offering for sale, or otherwise distributing any product that
infringes the ‘604, ‘036, ‘167, ‘166, or ‘618 Patents.
3. Order an accounting for Plaintiff’s damages and/or for MallBoo’s profits
derived and/or related to MallBoo’s infringement of the ‘604, ‘036, ‘167, ‘166, and ‘618 Patents;
4. Find that MallBoo has violated 15 U.S.C. 1114 and preliminarily and
permanently enjoin and restrain MallBoo, its officers, directors, principals, agents, servants,
employees, successors and assigns, and all others aiding, abetting, or acting in concert or active
participation therewith, from:
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a. advertising, marketing, promoting, offering for sale, distributing,
or selling any product that incorporates the Trademark;
b. using the Trademark on or in connection with any of MallBoo’s
goods;
c. using the Trademark or any other copy, reproduction, colorable
imitation, or simulation of the Trademark on or in connection with
MallBoo’s goods;
d. using any trademark, name, logo, design, or source designation of
any kind on or in connection with MallBoo’s goods or services that
is a copy, reproduction, colorable imitation, or simulation of, or
confusingly similar to any of Plaintiff’s trademarks, trade dresses,
names, or logos;
e. using any trademark, name, logo, design, or source designation of
any kind on or in connection with MallBoo’s goods that is likely to
cause confusion, mistake, deception, or public misunderstanding
that such goods or services are produced or provided by Plaintiff,
or are sponsored or authorized by Plaintiff, or are in any way
connected or related to Plaintiff;
f. using any trademark, name, logo, design, or source designation of
any kind on or in connection with MallBoo’s goods that dilutes or
is likely to dilute the distinctiveness of Plaintiff’s trademarks, trade
dresses, names, or logos; and
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g. passing off, palming off, or assisting in passing off or palming off
MallBoo’s goods as those of Plaintiff.
5. Award Plaintiff damages from MallBoo, pursuant to 15 U.S.C. 1117(a)-
(c), consisting of MallBoo’s profits, any damages sustained by Plaintiff and the cost of the
action; said amount to be trebled; that the court award Plaintiff its attorney fees; that the court in
the alternative award damages in such amount as the court in its discretion shall find to be just.
6. That the court find that MallBoo has violated 15 U.S.C. 1125(a) and grant
Plaintiff preliminary and permanent injunctive relief together with damages, pursuant to 15
U.S.C. 1117(a)-(c) consisting of MallBoo’s profits, any damages sustained by Plaintiff and the
cost of the action; said amount to be trebled; that the court award Plaintiff its attorney fees; that
the court in the alternative award damages in such amount as the court in its discretion shall find
to be just.
7. That the court find that MallBoo has violated 15 U.S.C. 1125 (c) and grant
Plaintiff preliminary and permanent injunctive relief together with damages, pursuant to 15
U.S.C. 1117(a)-(c) consisting of MallBoo’s profits, any damages sustained by Plaintiff and the
cost of the action; said amount to be trebled; that the court award Plaintiff its attorney fees; that
the court in the alternative award damages in such amount as the court in its discretion shall find
to be just.
8. Order an assessment of interest and costs against MallBoo;
9. Find this to be an exceptional case and to award reasonable attorneys’ fees
and costs to Plaintiff;
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10. Based on MallBoo’s (i) willful and deliberate infringement of the
Plaintiff’s patents and (ii) willful and deliberate infringement and/or dilution of the Trademark,
and to deter such conduct in the future, award Plaintiff punitive damages;
11. Award Plaintiff prejudgment and post-judgment interest on all monetary
awards; and
12. Award Plaintiff such other relief as the Court deems just and proper.
DATED this 19th day of December, 2019.
/s/ JARED G. BRANDE

________________________________________
ROBERT A. GURR (Utah Bar No. 13722)
JARED G. BRANDE (Utah Bar No. 11514)
ROBERT D. SPENDLOVE (Utah Bar No. 15924)
491 E. Riverside Dr., #4B
St. George, UT 84790
Phone: (435) 634-8889
Fax: (866)-232-8818
rob@gbsip.com
jared@gbsip.com
spendlove@gbsip.com
Page 23 of 23
Case 4:19-cv-00105-DN Document 2-1 Filed 12/20/19 Page 1 of 1
JS 44 (Rev. 08/18) 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

SQUATTY POTTY, LLC XUZHOU MALLBOO NETWORK TECHNOLOGY CO., LTD., a
Chinese limited liability company, DOES I-X, and ROES I-X
(b) County of Residence of First Listed Plaintiff WASHINGTON County of Residence of First Listed Defendant CHINA
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of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
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Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
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VI. CAUSE OF ACTION Brief description of cause:
Defendants are breaching Plaintiff's patents and trademarks
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12/19/2019 /s/ Jared G. Brande
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Squatty Potty v. Xuzhou MallBoo Network Tech. - Complaint

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Squatty Potty v. Xuzhou MallBoo Network Tech. - Complaint

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Case 4:19-cv-00105-DN Document 2 Filed 12/20/19 Page 1 of 23

GURR BRANDE & SPENDLOVE, PLLC

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

SQUATTY POTTY, LLC,

XUZHOU MALLBOO NETWORK

1. Plaintiff, Squatty Potty, LLC, is an active Delaware Limited Liability Company

2. Defendant Xuzhou MallBoo Network Technology Co., Ltd., (hereafter

Ring Road, Jinshan Bridge Development Zone, Xuzhou, China 221000.

name ROES I-X as they are discovered.

JURISDICTION AND VENUE

7. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) and (c).

Patent”). (See Exhibit B).

line of toilet stools and associated goods.

‘166, ‘167, and ‘618 Patents.

16. Plaintiff’s Trademark was registered on June 18, 2013.

described as an “Adjustable Bamboo Squatting Toilet Stool,” (hereafter referred to as the

“MallBoo Adjustable Stool”).

18. The MallBoo Adjustable Stool carries an Amazon Standard Number

Identification (“ASIN”) of B076GXN3HL.

https://www.amazon.com/dp/B076GXN3HL/ref=dp_cerb_3. A screenshot of the listing is

MallBoo Adjustable Stool:

and the Trademark.

Adjustment” (hereafter referred to as the MallBoo Flip Stool”).

using the following link: https://www.amazon.com/MallBoo-Bamboo-Squatting-Toilet-

Adjustment/dp/B07SLY64XD. A screenshot of the listing is attached below:

sale of the MallBoo Flip Stool.

First Cause of Action

26. Plaintiff re-alleges and incorporates by reference the allegations contained in

paragraphs 1 through 25 above, as though fully set forth herein.

in violation of and 35 U.S.C. 289.

MallBoo Adjustable Stool from Amazon.com (right) are reproduced below:

the patented design in the ‘604 Patent.

permanently enjoined pursuant to 35 U.S.C. §283.

35. Plaintiff has suffered pecuniary damages in amounts to be determined at trial as a

36. MallBoo’s wrongful, malicious, fraudulent, deliberate, willful, and/or intentional

Second Cause of Action

37. Plaintiff re-alleges and incorporates by reference the allegations contained in

paragraphs 1 through 36 above, as though fully set forth herein.

includes each and every limitation of claim 1.

Adjustable Stool product.

42. MallBoo’s infringement of the ‘036 Patent is willful.

Third Cause of Action

44. Plaintiff re-alleges and incorporates by reference the allegations contained in

paragraphs 1 through 43 above, as though fully set forth herein.

violation of 35 U.S.C. §271(a) and 35 U.S.C. 289.

MallBoo Flip Stool from Amazon.com (right) are reproduced below:

patented design in the ‘167 Patent.

49. MallBoo has been aware of the ‘167 Patent.

permanently enjoined pursuant to 35 U.S.C. §283.

52. Plaintiff has suffered pecuniary damages in amounts to be determined at trial as a

53. MallBoo’s wrongful, malicious, fraudulent, deliberate, willful, and/or intentional

Fourth Cause of Action

54. Plaintiff re-alleges and incorporates by reference the allegations contained in

paragraphs 1 through 53 above, as though fully set forth herein.

violation of 35 U.S.C. §271(a) and 35 U.S.C. 289.

MallBoo Flip Stool from Amazon.com (right) are reproduced below:

patented design in the ‘166 Patent.

59. MallBoo has been aware of the ‘166 Patent.

permanently enjoined pursuant to 35 U.S.C. §283.

62. Plaintiff has suffered pecuniary damages in amounts to be determined at trial as a

63. MallBoo’s wrongful, malicious, fraudulent, deliberate, willful, and/or intentional

Fifth Cause of Action

64. Plaintiff re-alleges and incorporates by reference the allegations contained in