Comfort Wheels v. Shenzhen Miruisi Tech. - Complaint

Case 1:21-cv-01119 Document 1 Filed 03/02/21 Page 1 of 41 PageID #: 1
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
COMFORT WHEELS INC.,
Plaintiff, Civil Action No. 1:21-cv-1119
v. JURY TRIAL DEMANDED
SHENZHEN MIRUISI TECHNOLOGY CO.,

LTD. and LUKE WEI,
Defendants.
COMPLAINT
Plaintiff Comfort Wheels Inc. (“CWI”) by its undersigned attorneys, for its Complaint
against Shenzhen Miruisi Technology Co., Ltd. (“Miruisi”) and Luke Wei (collectively,
“Defendants”), states as follows:
NATURE OF THE ACTION
1. Through inequitable conduct, defendant Miruisi improperly obtained a United
States design patent, D892,010 (the “’010 Patent”) that claims the ornamental design of a vehicle
visor that was on sale more than four years before the application for the ’010 Patent was filed.
(A copy of the ’010 Patent is attached hereto as Exhibit 1).
2. Even though Miruisi, upon information and belief, knew that vehicle visors
bearing the design claimed in the ’010 Patent were on sale for years prior to the ’010 Patent’s
priority date, Miruisi failed to disclose this information to the United States Patent and
Trademark Office (“USPTO”) during the prosecution of the ’010 Patent.
3. After obtaining the ’010 Patent, Defendants, upon information and belief,
knowing that the ’010 Patent was invalid and unenforceable, began asserting the patent against
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CWI by submitting a notice of infringement to Amazon.com (“Amazon”), which caused CWI’s
Amazon listing for a vehicle visor to be taken down, causing a resultant loss of business.
4. Plaintiff CWI, an online retailer of vehicle visors, among other things, brings this
action for a judgment declaring that the ’010 Patent is invalid and obtained by inequitable
conduct, and to recover its damages caused by the Defendants’ illegal conduct.
JURISDICTION AND VENUE
5. The Court has subject matter jurisdiction over this action pursuant to the Federal
Declaratory Judgments Act, 28 U.S.C. §§ 2201 and 2202 and 28 U.S.C. §§ 1331, 1338, and
1367.
6. Defendants are subject to specific jurisdiction in this Court pursuant to Rule 4 of
the Federal Rules of Civil Procedure. Defendants have directed their illegal conduct complained
of herein to this judicial district thereby causing damage to CWI in this District and are subject to
the jurisdiction of this Court.
7. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b)(2)–(3), and (c)(3)
in that a substantial part of the events or omissions giving rise to the claim occurred in this
District and Defendants are not residents of the United States.
THE PARTIES
8. Plaintiff CWI is a corporation formed under the laws of the state of New York
with a place of business at 234 Lee Avenue, #8, Brooklyn, New York.
9. Upon information and belief, Defendant Miruisi is a limited liability company
formed under the laws of China with a place of business at Room 3629, Bingjiang Building
No.14 Badeng Street, Nanyuan, Futian, Shenzhen China.
10. Defendant Luke Wei (“Wei”) is an individual whose residence is unknown.
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PLAINTIFF AND ITS BUSINESSES
11. CWI is an online retailer of a wide variety of products. Among the online
platforms that CWI uses to offer and sell its products is the Amazon Marketplace.
12. The Amazon Marketplace is an online e-commerce platform that allows for third
parties like CWI to sell products on that platform.
13. CWI offers a wide variety of products on Amazon’s Marketplace, including
vehicle visors.
14. Upon information and belief, Amazon is the world’s largest online retailer.
15. The privilege of selling on Amazon is highly advantageous, as Amazon provides
third parties like CWI with exposure to the world marketplace on a scale that no other online
retailer can currently provide.
16. At all relevant times, CWI has had a contractual and business relationship with
Amazon, such that CWI is permitted to sell its products on Amazon’s e-commerce platform.
17. A significant portion of CWI’s business is derived from the sale of products on
Amazon.
18. Any harm that comes to the relationship between CWI and Amazon creates a
potential for serious and irreparable injury to CWI.
CWI’S VEHICLE VISORS
19. CWI has been selling vehicle visors online since at least as early as July 2014.
True and correct copies of photographs of the vehicle visor that CWI has sold since 2014 are
attached hereto as Exhibit 2 (the “CWI Visor”).
20. CWI has offered for sale the CWI Visor on eBay since July 9, 2014. True and
correct copies of the eBay listing details and purchase history for the CWI Visor are attached
hereto as, respectively, Exhibits 3 and 4.
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21. CWI offered the CWI Visor for sale on Amazon from about July 2014 until on or
about January 29, 2021, when the listing for that product was taken down as a result of the
Defendants’ illegal conduct described herein.
THE ’010 PATENT
22. On November 19, 2018, Miruisi filed the application for the ’010 Patent with the
USPTO (the “Application”).
23. The Application identified Longwu Tan (“Tan”) as the inventor of the design
claimed in the application for the ’010 Patent.
24. Upon information and belief, Tan is a director of Miruisi.
25. In connection with the Application, Tan signed a declaration pursuant to 37
C.F.R. § 1.63 stating, in part, “I believe that I am the original inventor or an original joint
inventor of a claimed invention in the application” (the “Declaration”).
26. Upon information and belief, at all relevant times, Tan and Miruisi knew that Tan
was not the original inventor or an original joint inventor of a claimed invention in the
Application.
27. Upon information and belief, prior to filing the Application, Tan and Miruisi
knew that prior to November 19, 2017, third parties such as CWI were selling vehicle visors
bearing the design claimed in the Application.
28. Upon information and belief, during the prosecution of the Application, Tan and
Miruisi knew that prior to November 19, 2017, third parties such as CWI were selling vehicle
visors bearing the design claimed in the Application.
29. During the prosecution of the ’010 Patent, neither Tan, Miruisi nor their attorneys
disclosed to the USPTO that third parties were selling vehicle visors bearing the design claimed
in the Application prior to November 19, 2017.
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30. The ’010 Patent, entitled “Vehicle Visor,” issued on August 4, 2020. The ’010
Patent claims the ornamental design of a vehicle visor that is identical in all respects to the
design of the CWI Visor sold by CWI on eBay since July 9, 2014 and on Amazon since about
July 2014.
DEFENDANTS’ ILLEGAL CONDUCT
31. As demonstrated below, Miruisi and Wei have engaged in a course of conduct
designed to preclude CWI from selling the CWI Visor by making false and defamatory
allegations of intellectual property infringement.
32. Upon information and belief, Defendants either sell vehicle visors on e-commerce
platforms such as Amazon or sell vehicle visors to third parties who resell them on Amazon.
33. Upon information and belief, Defendants compete with CWI with respect to sales
of vehicle visors.
34. Upon information and belief, the purpose of the false complaint Defendants made
to Amazon regarding the CWI Visor was and is to injure competitors such as CWI by causing
Amazon to take down CWI’s listing for the CWI Visor and to otherwise damage CWI’s sales,
reputation and goodwill.
35. Because the ’010 Patent is unenforceable as it was obtained through inequitable
conduct and is otherwise invalid, Miruisi and Wei have no legitimate intellectual property claim
against CWI.
36. It is well-known among intellectual property owners that Amazon has a policy of
acting on virtually any notice of intellectual property infringement, whether legitimate or not.
37. As one Amazon expert explained:
In order to meet a minimum liability standard, Amazon will act upon

properly submitted and completed notice claims of infringement.
They will notify specified marketplace sellers which party reported
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them, on what listing, and how to reach that would-be rights owner
via email. The rest though, is up to you. And, unless you (and
possibly your legal team) can prove that the Notice claim is false,
Amazon considers it valid and actionable.
Unfortunately, word is out among potential Notice claim abusers

that anyone can submit a form. Amazon [is] not worried about
additional vetting or verification processes. Investigators merely
check the form for completed content in all the right spaces, kill the
listings and send off the notifications.
They don’t independently verify that any of the information is

actually correct, or valid. The rights owner makes a legally-binding
declaration in the form, and signs it.
See Chris McCabe, False Infringement Claims are Rife on Amazon, WebRetailer (Apr. 11,
2018), https://www.webretailer.com/lean-commerce/false-infringement-claims-amazon/
(emphasis added).
38. It is well known that once Amazon takes down an Amazon Marketplace seller’s
listing for alleged infringement, it is often very difficult if not impossible to have the listing
reinstated, even if the seller demonstrates to Amazon that the accused product is not infringing or
that the intellectual property owner lacks valid rights.
39. On the occasions that Amazon does reinstate a product listing, it can take Amazon
weeks to do so.
40. Upon information and belief, Defendants were, at all relevant times, aware of the
foregoing Amazon policy with respect to reports of intellectual property infringement.
41. Upon information and belief, Defendants were, at all relevant times, aware that
Amazon will act on reports that a product infringes a design patent, regardless of the truth of the
report.
42. Upon information and belief, Defendants were, at all relevant times, aware that
once Amazon takes down an Amazon Marketplace seller’s listing for alleged infringement, it is
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often very difficult if not impossible to have the listing reinstated, even if the seller demonstrates
to Amazon that the accused product is not infringing or that the intellectual property owner lacks
valid rights.
43. Upon information and belief, on or about January 29, 2021, Wei, acting under the
direction and authority of Miruisi, filed or caused to be filed a complaint with Amazon which
alleged that the CWI Visor infringed the ’010 Patent (the “Report”).
44. On information and belief, at all relevant times, Miruisi and Wei knew that such
allegations were false.
45. The Report submitted to Amazon was signed by Wei under penalty of perjury.
46. For example, when submitting an infringement report to Amazon, an intellectual
property rights owner must read and accept the following statements:
I have a good faith belief that the content(s) described above

violate(s) my rights described above or those held by the rights
owner, and that the use of such content(s) is contrary to law.
I declare, under penalty of perjury, that the information contained in

this notification is correct and accurate and that I am the owner or
agent of the owner of the rights described above.
Report Infringement, https://www.amazon.com/report/infringement (last visited January 22,
2021).
47. The Report caused Amazon to take down CWI’s listing for the CWI Visor.
48. Upon information and belief, at all relevant times, Defendants have known that
the ’010 Patent is invalid and unenforceable.
49. On information and belief, Defendants’ defamatory allegations that the CWI
Visor infringed the ’010 Patent were knowingly false and made in bad faith with the intent to
damage CWI.
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50. As a result of the above false Report, CWI’s Amazon listing for the CWI Visor
was taken down, resulting in an immediate loss of revenue and profits for CWI.
51. At no time has CWI infringed the ’010 Patent.
52. On information and belief, Defendants knowingly made a false intellectual
property rights complaint against CWI.
53. Upon information and belief, the true purpose of the Report was to ensure the
removal of CWI’s listing for the CWI Visor, control pricing and eliminate fair competition.
FIRST CAUSE OF ACTION

DECLARATORY JUDGMENT OF NON-INFRINGEMENT AND PATENT
INVALIDITY
(Against Miruisi)
54. CWI repeats and realleges the allegations of Paragraphs 1–53 as if fully set forth
herein.
55. This claim arises under the patent laws of the United States, Title 35 United States
Code, and the Federal Declaratory Judgment Act, 28 U.S.C. § 2201, et seq.
56. There exists an actual and justiciable controversy between CWI and Miruisi with
respect to the alleged validity of the ’010 Patent due to the assertion of the ’010 Patent against
CWI.
57. The ’010 Patent is invalid for failure to comply with at least 35 U.S.C. § 102(a) in
view of, among other things, the offering for sale of the CWI Visor prior to November 19, 2017.
58. In view of the foregoing, Plaintiff are entitled to a judgment declaring that the
’010 Patent is invalid under at 35 U.S.C. § 102 and that the CWI Visor does not infringe the ’010
Patent.
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SECOND CAUSE OF ACTION

DECLARATORY JUDGMENT OF NON-INFRINGEMENT
AND UNENFORCEABILITY
(Against Miruisi)
herein.
60. This claim arises under the patent laws of the United States, Title 35 United States
Code, and the Federal Declaratory Judgment Act, 28 U.S.C. § 2201, et seq.
61. There exists an actual and justiciable controversy between CWI and Miruisi with
respect to the alleged enforceability of the ’010 Patent due to the assertion of the ’010 Patent
against CWI.
62. Upon information and belief, before and during the prosecution of the ’010
Patent, Miruisi and Tan knew of the CWI Visor.
63. During the prosecution of the ’010 Patent, Miruisi failed to disclose the CWI
Visor the USPTO.
64. Upon information and belief, Miruisi’s failure to disclose the CWI Visor to the
USPTO was intentional.
65. Upon information and belief, at all relevant times, Miruisi knew that the CWI
Visor was material because it rendered the design claimed in the ’010 Patent unpatentable.
66. Upon information and belief, Miruisi failed to disclose the CWI Visor to the
USPTO with an intent to deceive because Miruisi deliberately wanted to hide the fact that the
design claimed in the ’010 Patent was unpatentable in view of the CWI Visor.
67. Upon information and belief, had the USPTO been aware of the CWI Visor
during the prosecution of the ’010 Patent, it would not have allowed the ’010 Patent to issue.
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68. Upon information and belief, because Miruisi failed to disclose the CWI Visor,
the USPTO allowed the ’010 Patent to issue.
69. In view of the foregoing, CWI is entitled to a judgment declaring that the ’010
Patent was obtained by inequitable conduct upon the USPTO and thus is unenforceable, and that
the CWI Visor does not infringe the ’010 Patent.
THIRD CAUSE OF ACTION

TORTIOUS INTERFERENCE WITH CONTRACT AND BUSINESS RELATIONS
(Against All Defendants)
herein.
71. CWI has had an advantageous business relationship with Amazon, which allows
CWI to sell on Amazon’s e-commerce platform as a third-party seller.
72. CWI also has a contractual relationship with Amazon, including through the
Amazon Business Services Agreement.
73. At all relevant times, Defendants were aware of CWI’s business relationship with
Amazon, as well as its contractual relationship with Amazon.
74. At all relevant times, Defendants were aware of the terms and conditions of
CWI’s contract with Amazon, as well as the advantageous business relationship that comes with
being an Amazon Marketplace seller.
75. Defendants intentionally and improperly interfered with CWI’s advantageous and
contractual relationship with Amazon by falsely claiming, with knowledge of such falsity, in
writing, to Amazon, that CWI was selling infringing products.
76. Defendants’ conduct directly and proximately caused disruption of CWI’s
relationship and contract with Amazon.
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77. Defendants intended to cause Amazon to remove CWI’s listing for the CWI Visor
on Amazon and therefore interfere with CWI’s business relationship with Amazon.
78. Defendants had actual knowledge that their actions would cause Amazon to
remove CWI’s listing for the CWI Visor.
79. Defendants’ defamatory accusations of infringement, made directly to Amazon,
were for the improper purpose of suppressing competition.
80. Defendants’ actions interfered with CWI’s business relationship with Amazon
and proximately caused CWI’s Amazon listing for the CWI Visor to be taken down.
81. Defendants’ Report regarding the CWI Visor sold by CWI was defamatory, made
maliciously and with the intent to interfere with CWI’s business relationship with Amazon.
82. CWI has been damaged by the removal of its listing for the CWI Visor in that it
lost and continues to lose revenue and profits related to the CWI Visor.
83. CWI is entitled to damages, costs and attorneys’ fees as allowed by law.
84. Defendants’ conduct was malicious, intentional and oppressive, thereby justifying
an award of punitive damages.
85. CWI has suffered injury and, unless Defendants are enjoined from such activity,
will continue to suffer injury.
FOURTH CAUSE OF ACTION

DEFAMATION
(Against All Defendants)
herein.
87. Defendants published false statements to Amazon regarding CWI as described in
this Complaint, including by sending the Report to Amazon alleging that CWI infringed the ’010
Patent with the intent to injure CWI.
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88. CWI did not infringe the ’010 Patent.
89. Defendants’ false statements were injurious to CWI’s business because they
caused Amazon to suspend CWI’s selling privileges related to the CWI Visor.
90. Defendants’ false statements were injurious to CWI’s business because they
caused Amazon’s and CWI’s customers to avoid purchasing products from CWI.
91. Upon information and belief, Defendants were, at a minimum, negligent in
making the false statements to Amazon because, among other things, Defendants knew that the
’010 Patent was unenforceable.
92. Defendants’ false statements are not protected by any privilege.
93. Defendants acted with actual malice or with reckless disregard for the truth of the
matter contained in Defendants’ false statements to Amazon and CWI’s customers.
94. False statements that are directed to the honesty, efficiency, or other business
character traits amount to defamation per se.
95. The statements made by Defendants were defamatory per se.
96. Additionally, CWI incurred special harm, including, but not limited to, suspension
from selling the CWI Visor and damage to its relationship with Amazon and its customers.
97. Whether by defamation per se or by special harm, CWI has suffered injury as
CWI’s selling privileges related to the CWI Visor have been suspended and CWI has lost sales
of the CWI Visor and other products.
98. CWI is entitled to damages, costs, and fees as allowed by law.
99. As a result of the defamatory statements made by Defendants, CWI has been
damaged in an amount to be determined at trial.
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100. Defendants’ conduct was malicious, intentional and oppressive, thereby justifying
an award of punitive damages.
101. CWI has suffered injury and, unless Defendants are enjoined from such activity,
will continue to suffer injury.
PRAYER FOR RELIEF
WHEREFORE, CWI demands judgment as follows:
A. Declaring that (1) the ’010 Patent is invalid and unenforceable and (2) that CWI
has not infringed the ’010 Patent;
B. Preliminary and permanent injunctive relief restraining Defendants and their
agents, servants, employees, successors and assigns, and all others in concert and privity with them
from filing false complaints with Amazon and any other e-commerce platform regarding the CWI
Visor;
C. Declaring this action an exceptional case under 35 U.S.C. § 285;
D. Awarding CWI its damages caused by Defendants tortious actions;
E. Awarding CWI punitive damages;
F. Awarding Plaintiff their attorney’s fees and costs incurred in this Action; and
G. Granting such other and further relief as the Court deems just and proper.
DEMAND FOR JURY TRIAL
The Plaintiff hereby requests a jury trial for all issues triable by jury.
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Respectfully submitted,
Dated: March 2, 2021 s/ Tuvia Rotberg

Tuvia Rotberg
Sandra A. Hudak
TARTER KRINSKY & DROGIN LLP
1350 Broadway
New York, NY 10018
Tel.: (212) 216-8000
Fax: (212) 216-8001
E-mail: trotberg@tarterkrinsky.com
shudak@tarterkrinsky.com
Attorneys for Plaintiff Comfort Wheels Inc.
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EXHIBIT 1
USOOD892010S
United
Tan
States Design Patent ((4510)) Date
PatentofNoPatent
.: : US D892,010 S
Aug. 4 , 2020
(54 ) VEHICLE VISOR D566,636 S 4/2008 Ma D12 / 191
D628,532 S 12/2010 Niu D12 /417
D764,425 S 8/2016 Boyer, Jr. D14132
(71) Applicant: Shenzhen Miruisi Technology Co., D792,996 S * 7/2017 Moeller D26 /65
Ltd., Shenzhen (CN ) D797,629 S * 9/2017 Abruzzio D12 / 191
D798,304 S 9/2017 Sung D14/ 447
( 72 ) Inventor : Longwu Tan , Shenzhen (CN ) D807,843 S * 1/2018 Harris
1/2018 Ahn
D14 /126
D14/ 126
D807,847 S
( 73 ) Assignee : SHENZHEN MIRUISI D833,350 S 11/2018 Windel D12 /191
TECHNOLOGY CO ., LTD ., Shenzhen 2018/0162202 A1 * 6/2018 Yoshimi B60J 3/0278
(CN ) * cited by examiner
(**) Term : 15 Years Primary Examiner Katrina A Betton
(57 ) CLAIM
( 21) Appl. No.: 29 /670,638 The ornamental design for a vehicle visor, as shown and
described .
( 22 ) Filed : Nov. 19 , 2018 DESCRIPTION
( 51 ) LOC (12 ) Cl. 12-16
(52) U.S. CI. FIG . 1 is a perspective view of the vehicle visor showing my
USPC D12 / 191 new design ;
(58 ) Field of Classification Search FIG . 2 is another perspective view thereof;
USPC ........ D12/ 191, 181, 183–185 , 106 , 417 , FIG . 3 is another perspective view thereof;
D12 /311-312 FIG . 4 is a front elevational view thereof;
CPC B6OJ 3/0208 ; B60J 3/02 FIG . 5 is a rear devotional view thereof;
See application file for complete search history. FIG . 6 is a left side elevational view thereof;
FIG . 7 is a right side elevational view thereof;
(56 ) References Cited FIG . 8 is a top plan view thereof; and ,
FIG . 9 is a bottom plan view thereof.
U.S. PATENT DOCUMENTS The broken lines illustrate portions of the vehicle visor that
form no part of the claimed design .
D476,609 S * 7/2003 Gibson D12 / 191
D561,671 S * 2/2008 Ma D12/ 191 1 Claim , 9 Drawing Sheets
FOR ??
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U.S. Patent Aug. 4 , 2020 Sheet 1 of 9 US D892,010 S
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EXHIBIT 3
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Nov-30-20
764 US $10.99 1
21:20:14 PST
)
k***e (
1308 Nov-28-20
US $10.99 1
) 10:17:37 PST
Offer history
User ID Offer Status Quantity Date of Offer
Dec-30-20
1***1 ( 4 ) Accepted 2
22:42:40 PST
Dec-28-20
0***- ( 628 ) Accepted 1
18:15:58 PST
3 of 9 2/25/2021, 6:46 PM
Dec-08-20
d***e ( 742 ) Accepted 1
07:44:37 PST
e***7 ( 1091
Aug-12-20
) Accepted 1
07:43:23 PDT
Aug-09-20
2***u ( 828 ) Accepted 1
08:06:42 PDT
Aug-04-20
r***g ( 345 ) Accepted 4
06:56:00 PDT
Aug-02-20
a***a ( 198 ) Accepted 2
13:01:40 PDT
Jun-02-20
3***b ( 631 ) Accepted 1
03:54:15 PDT
May-31-20
o***r ( 102 ) Accepted 1
03:25:37 PDT
Mar-03-20
0***e ( 121 ) Accepted 1
10:09:39 PST
Jul-01-19
0***2 ( 120 ) Accepted 1
12:54:07 PDT
Mar-28-19
a***l ( 503 ) Accepted 2
12:59:43 PDT
Mar-24-19
h***u ( 270 ) Accepted 1
17:46:37 PDT
o***e ( 6863
Mar-18-19
) Accepted 3
07:27:53 PDT
Feb-25-19
0***2 ( 120 ) Accepted 1
07:31:11 PST
Jan-31-19
i***8 ( 653 ) Accepted 1
13:26:14 PST
Jul-23-18
8***n ( 701 ) Accepted 2
23:59:32 PDT
8***0 ( 1035
Aug-26-17
) Accepted 4
21:32:30 PDT
Aug-12-17
o***e ( 358 ) Accepted 1
19:10:18 PDT
Apr-28-17
r***d ( 704 ) Accepted 2
09:55:01 PDT
Apr-03-17
a**** ( 298 ) Accepted 4
12:06:42 PDT
n***o ( 1144 Dec-02-16

Accepted 1
) 06:26:08 PST
Feb-18-16
v***l ( 3411 ) Accepted 4
09:38:54 PST
0***o ( 1372
Feb-17-16
) Accepted 1
12:37:35 PST
4 of 9 2/25/2021, 6:46 PM
Jun-09-15
9***9 ( 447 ) Accepted 3
07:42:49 PDT
x***2 ( 1032 May-20-15

Accepted 2
) 09:28:06 PDT
7***d ( 641 )
Not a May-19-15
Accepted 2
registered 00:03:02 PDT
user
r***y ( 4099 May-05-15

Accepted 1
) 06:52:45 PDT
3***m ( 6391
Apr-28-15
) Accepted 2
17:23:25 PDT
n***f ( 12237
Mar-06-15
) Accepted 1
07:01:42 PST
Mar-05-15
g***o ( 698 ) Accepted 2
07:16:44 PST
Feb-19-15
o***d ( 875 ) Accepted 1
07:35:14 PST
Feb-09-15
h***0 ( 647 ) Accepted 2
06:39:49 PST
d***d ( 1668
Dec-08-14
) Accepted 1
10:32:53 PST
l***s ( 1489 Nov-26-14

Accepted 1
) 08:48:49 PST
Nov-25-14
t***4 ( 287 ) Accepted 1
10:50:09 PST
Nov-23-14
1***2 ( 727 ) Accepted 1
21:05:45 PST
2***o ( 1525
Nov-17-14
) Accepted 4
14:09:39 PST
Nov-09-14
r***b ( 788 ) Accepted 1
08:45:14 PST
Oct-02-14
l***r ( 271 ) Accepted 1
08:38:11 PDT
Jan-22-21
h***g ( 564 ) Declined 1
08:01:45 PST
Jan-15-21
-***d ( 118 ) Expired 1
08:31:33 PST
Jan-02-21
e***a ( 3 ) Expired 3
09:31:20 PST
Nov-28-20
o***h ( 764 ) Expired 2
16:50:45 PST
Nov-20-20
d***a (private) Expired 1
21:23:14 PST
5 of 9 2/25/2021, 6:46 PM
e***s ( 2041
Nov-03-20
) Expired 1
07:43:14 PST
Oct-30-20
k***s ( 253 ) Expired 1
07:58:03 PDT
Oct-16-20
9***s ( 854 ) Expired 1
17:59:00 PDT
r***6 ( 1495 Sep-28-20

Expired 1
) 01:51:06 PDT
Aug-18-20
l***n ( 375 ) Expired 1
05:29:43 PDT
Aug-15-20
n***e ( 233 ) Expired 1
12:11:33 PDT
Aug-07-20
2***u ( 828 ) Expired 1
20:17:54 PDT
l***e ( 5555 Aug-03-20

Expired 1
) 09:34:40 PDT
i***o ( 1846 Aug-01-20

Expired 1
) 20:33:00 PDT
Aug-01-20
a***a ( 198 ) Expired 2
09:48:48 PDT
Jul-31-20
c***c ( 128 ) Expired 1
08:46:30 PDT
n***n ( 1300
Jun-14-20
) Expired 1
12:06:27 PDT
May-31-20
3***b ( 631 ) Expired 1
11:24:55 PDT
w***e ( 1023
May-27-20
) Declined 1
07:44:42 PDT
May-06-20
t***2 ( 445 ) Declined 1
08:39:41 PDT
May-02-20
l***d ( 1162 ) Expired 1
14:23:39 PDT
May-01-20
8***4 ( 71 ) Expired 1
20:39:44 PDT
Apr-25-20
y***i ( 1096 ) Expired 2
11:17:51 PDT
m***m ( 875
Apr-07-20
) Expired 1
17:09:50 PDT
Mar-13-20
s***e ( 326 ) Expired 1
19:32:54 PDT
Mar-02-20
0***e ( 287 ) Declined 1
08:06:50 PST
Oct-13-19
t***s ( 559 ) Expired 1
09:28:58 PDT
6 of 9 2/25/2021, 6:46 PM
Aug-09-19
i***8 ( 653 ) Expired 1
10:46:46 PDT
m***p ( 4976
Jul-03-19
) Expired 1
13:54:37 PDT
o***e ( 6863
Mar-24-19
) Declined 1
17:49:12 PDT
Nov-16-18
e***d ( 450 ) Expired 1
07:44:35 PST
Nov-13-17
t***r ( 592 ) Expired 2
10:46:51 PST
Sep-19-17
1***a ( 417 ) Expired 1
06:35:24 PDT
Sep-10-17
i***i ( 7979 ) Expired 1
09:23:51 PDT
Apr-05-17
o***u ( 260 ) Declined 2
07:39:56 PDT
Mar-06-17
o***u ( 260 ) Expired 1
06:34:52 PST
s***s ( 3937
Dec-12-16
) Expired 1
07:45:49 PST
a***i ( 1775 Aug-27-16

Expired 1
) 21:23:21 PDT
Apr-28-16
e***d ( 450 ) Expired 2
16:09:56 PDT
a***i ( 1775 Dec-01-15

Expired 4
) 12:42:11 PST
Jun-08-15
o***f ( 235 ) Expired 1
12:57:52 PDT
Jun-04-15
o***f ( 235 ) Declined 1
13:58:11 PDT
May-16-15
l***a ( 1011 ) Expired 1
08:44:30 PDT
May-01-15
x***o ( 177 ) Expired 1
13:59:02 PDT
k***k ( 83 )
Not a Mar-06-15
Declined 1
registered 07:27:12 PST
user
Feb-08-15
e***t ( 282 ) Declined 1
18:12:18 PST
Jan-01-15
n***g ( 399 ) Expired 1
08:09:02 PST
i***z ( 2380 Dec-02-14

Expired 1
) 07:08:13 PST
7 of 9 2/25/2021, 6:46 PM
Dec-01-14
d***r ( 363 ) Expired 3
07:30:45 PST
Dec-01-14
h***1 ( 641 ) Expired 2
06:58:40 PST
Nov-30-14
l***k ( 1871 ) Expired 5
08:31:33 PST
Nov-28-14
l***k ( 214 ) Expired 3
05:38:58 PST
Nov-25-14
h***1 ( 641 ) Expired 1
07:05:08 PST
Nov-19-14
2***6 ( 680 ) Declined 2
06:33:25 PST
o***s ( 1509
Nov-17-14
) Expired 1
12:41:46 PST
2***o ( 1525
Nov-12-14
) Expired 4
06:52:49 PST
Nov-02-14
u***n ( 186 ) Expired 1
14:27:10 PST
Oct-06-14
7***9 ( 146 ) Expired 1
07:35:01 PDT
t***e ( 1354 Oct-02-14

Expired 1
) 10:06:32 PDT
Sep-17-14
v***d ( 738 ) Expired 1
08:28:17 PDT
This page shows the last 100 offers.
Offer Retraction history

Date of Offer
User ID Explanation Offer Status and
Retraction
Offer: Jun-01-20
3***b ( 631 13:26:15 PDT
Entered wrong
Offer retracted Retraction:
) amount
Jun-02-20
03:49:32 PDT
8***6 ( 406 Offer: Feb-08-15

) Not a 07:30:08 PST
Entered wrong
Offer retracted Retraction:
amount
registered Feb-08-15
user 07:30:50 PST
Offer: Dec-11-20
a***d ( 70 11:59:41 PST
Entered wrong
) Offer retracted Retraction:
amount
Dec-11-20
12:01:19 PST
*** Member IDs have been partially hidden to keep users anonymous.
About eBay Announcements Community Security Center Resolution Center Seller Center Policies
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9 of 9 2/25/2021, 6:46 PM
JS 44 (Rev. 10/20) Case 1:21-cv-01119 Document
CIVIL 1COVER
Filed 03/02/21
SHEETPage 40 of 41 PageID #: 40
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
COMFORT WHEELS INC. SHENZHEN MIRUISI TECHNOLOGY CO., LTD. and
LUKE WEI
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
TARTER KRINSKY & DROGIN LLP
1350 Broadway, New York, NY 10018, (212) 216-8000
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 880 Defend Trade Secrets 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
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):
35 U.S.C. § 101 et seq.; 28 U.S.C. § 2201 et seq.
VI. CAUSE OF ACTION Brief description of cause:
Declaratory judgment of patent non-infringement, invalidity, and unenforceability; tortious interference with contract/business relations; defamation
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
3/2/2021 s/ Tuvia Rotberg
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

CERTIFICATION
Case 1:21-cv-01119 Document OF ARBITRATION
1 Filed ELIGIBILITY
03/02/21 Page 41 of 41 PageID #: 41
Local Arbitration Rule 83.' provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150,000,
exclusive of interest and costs, are eligible for compulsory arbitration. The amount of damages is presumed to be below the threshold amount unless a
certification to the contrary is filed.
+-7/ 27 ,3212.3/ 056 *6.286-8254
I, __________________________________________, counsel for____________________________, do hereby certify that the above captioned civil action is ineligible for
compulsory arbitration for the following reason(s):
monetary damages sought are in excess of $150,000, exclusive of interest and costs,
the complaint seeks injunctive relief,
the matter is otherwise ineligible for the following reason: The case involves complex issues.
DISCLOSURE STATEMENT - FEDERAL RULES CIVIL PROCEDURE 7.1

Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks:
None
RELATED CASE STATEMENT (Section VIII on the Front of this Form)

Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a) provides that “A civil case is “related”
to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or because the cases arise from the same transactions or events, a
substantial saving of judicial resources is likely to result from assigning both cases to the same judge and magistrate judge.” Rule 50.3.1 (b) provides that “ A civil case shall not be
deemed “related” to another civil case merely because the civil case: (A) involves identical legal issues, or (B) involves the same parties.” Rule 50.3.1 (c) further provides that
“Presumptively, and subject to the power of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be “related” unless both cases are still
pending before the court.”
NY-E DIVISION OF BUSINESS RULE 50.1(d)(2)
1.) Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk
County? Yes No
2.) If you answered “no” above:

a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk
County? Yes No
b) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in the Eastern
District? Yes No
c) If this is a Fair Debt Collection Practice Act case, specify the County in which the offending communication was
received:______________________________.
If your answer to question 2 (b) is “No,” does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or
Suffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau or
$%'"""""""""""""""""""#&
Suffolk County?___________________________________
(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).
BAR ADMISSION
I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar of this court.
Yes No
Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?
Yes (If yes, please explain No
I certify the accuracy of all information provided above.
s/ Tuvia Rotberg
Signature: ____________________________________________________
(*01 )/+.-.,+' $$"%&"%#$&

Comfort Wheels v. Shenzhen Miruisi Tech. - Complaint

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Comfort Wheels v. Shenzhen Miruisi Tech. - Complaint

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Case 1:21-cv-01119 Document 1 Filed 03/02/21 Page 1 of 41 PageID #: 1

UNITED STATES DISTRICT COURT

COMFORT WHEELS INC.,

Plaintiff, Civil Action No. 1:21-cv-1119

v. JURY TRIAL DEMANDED

SHENZHEN MIRUISI TECHNOLOGY CO.,

“Defendants”), states as follows:

NATURE OF THE ACTION

1. Through inequitable conduct, defendant Miruisi improperly obtained a United

(A copy of the ’010 Patent is attached hereto as Exhibit 1).

Trademark Office (“USPTO”) during the prosecution of the ’010 Patent.

CWI by submitting a notice of infringement to Amazon.com (“Amazon”), which caused CWI’s

JURISDICTION AND VENUE

6. Defendants are subject to specific jurisdiction in this Court pursuant to Rule 4 of

the jurisdiction of this Court.

7. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b)(2)–(3), and (c)(3)

District and Defendants are not residents of the United States.

9. Upon information and belief, Defendant Miruisi is a limited liability company

No.14 Badeng Street, Nanyuan, Futian, Shenzhen China.

10. Defendant Luke Wei (“Wei”) is an individual whose residence is unknown.

PLAINTIFF AND ITS BUSINESSES

parties like CWI to sell products on that platform.

13. CWI offers a wide variety of products on Amazon’s Marketplace, including

15. The privilege of selling on Amazon is highly advantageous, as Amazon provides

retailer can currently provide.

potential for serious and irreparable injury to CWI.

CWI’S VEHICLE VISORS

attached hereto as Exhibit 2 (the “CWI Visor”).

hereto as, respectively, Exhibits 3 and 4.

Defendants’ illegal conduct described herein.

THE ’010 PATENT

USPTO (the “Application”).

claimed in the application for the ’010 Patent.

24. Upon information and belief, Tan is a director of Miruisi.

25. In connection with the Application, Tan signed a declaration pursuant to 37

inventor of a claimed invention in the application” (the “Declaration”).

bearing the design claimed in the Application.

visors bearing the design claimed in the Application.

in the Application prior to November 19, 2017.

DEFENDANTS’ ILLEGAL CONDUCT

allegations of intellectual property infringement.

reputation and goodwill.

37. As one Amazon expert explained:

In order to meet a minimum liability standard, Amazon will act upon

Unfortunately, word is out among potential Notice claim abusers

They don’t independently verify that any of the information is

that the intellectual property owner lacks valid rights.

foregoing Amazon policy with respect to reports of intellectual property infringement.

allegations were false.

46. For example, when submitting an infringement report to Amazon, an intellectual

I have a good faith belief that the content(s) described above

I declare, under penalty of perjury, that the information contained in

Report Infringement, https://www.amazon.com/report/infringement (last visited January 22,

the ’010 Patent is invalid and unenforceable.

51. At no time has CWI infringed the ’010 Patent.

52. On information and belief, Defendants knowingly made a false intellectual

property rights complaint against CWI.

FIRST CAUSE OF ACTION

SECOND CAUSE OF ACTION

Patent, Miruisi and Tan knew of the CWI Visor.

Visor the USPTO.

USPTO was intentional.

the USPTO allowed the ’010 Patent to issue.

the CWI Visor does not infringe the ’010 Patent.

C. Declaring this action an exceptional case under 35 U.S.C. § 285;