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16 Defendants.
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Plaintiff SBD APPAREL LIMITED (“SBD”) alleges as follows, upon actual knowledge
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with respect to itself and its own acts, and upon information and belief as to all other matters:
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INTRODUCTION
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This is a case for design patent infringement of United States Patent No. D707,361 (the
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‘361 Patent") under Patent Laws of the United States of America, Title 35, United States Code.
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Stronghouse Gym LLC received a cease and desist letter from SBD Apparel Limited’s counsel
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on or about December 2, 2019, alleging infringement of the ‘361 Patent and accusing a product
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sold by Stronghouse Gym LLC as infringing the ‘361 Patent.
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2 1. This Court has subject matter jurisdiction over Plaintiff’s claims pursuant to 28
3 U.S.C. §§ 1331 and 1338(a) because this action arises under the patent laws of the United States,
5 2. This Court also has subject matter jurisdiction under the Judicial Code of the
7 3. This Court has supplemental jurisdiction over the remaining claims pursuant to 28
8 U.S.C. § 1367.
9 4. Upon information and belief, this Court may exercise personal jurisdiction over
10 Defendants, and each of them, because they are all residents of the State of Nevada and are
11 committing acts of patent infringement in the State of Nevada, which they, and each of them,
13 5. Defendants, and each of them, have conducted business and directly harmed SBD
14 in this District by using, selling, offering for sale, and/or importing products that infringe on
15 SBD’s patent.
16 6. Venue is proper in the United States District Court for the District of Nevada
17 under 28 U.S.C. § 1391(b) because a substantial part of the events giving rise to SBD’s claims
20 Judicial District.
21 PARTIES
22 8. SBD is a limited company organized and existing under the laws of the United
25 company with a principal place of business located at 939 Spiracle Ave, Henderson, NV 89002.
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1 11. Eric Ayala (“Ayala”) is an owner and managing member of Stronghouse, who
3 12. Scott Miller (“Miller”) is an owner and managing member of Stronghouse, who
5 13. Upon information and belief, Stronghouse, McBride, Ayala, and Miller are each
6 the alter ego of the other, and are the officer, agent, servant, representative, and/or employee of
7 the other, acting in participation with the other, having authority or apparent authority to bind the
8 other.
9 GENERAL ALLEGATIONS
10 14. SBD designs and builds superior quality products for world class athletes,
12 15. SBD’s manufacturing campus is in the heart of Yorkshire, England. SBD has
13 invested heavily in their processes and products to be on the cutting edge of athletic products.
14 16. One of SBD’s products is a pair of joint supports, which take the form of sleeves
15 for the knee, referred to in the industry as the “SBD Knee Sleeves.” The SBD Knee Sleeves
16 provide support compression for a knee joint to promote stability and confidence for recreational
17 lifters, functional fitness athletes, powerlifters, weightlifters, and strongman and strongwoman
19 17. The SBD Knee Sleeves are approved by the International Powerlifting Federation
20 (IPF).
21 18. The SBD Knee Sleeves are also approved by the American Drug-Free
23 leading powerlifting organization in the United States and is a member of the IPF.
25 participating athletes.
26 SBD’s Patent
27 20. SBD has taken steps to protect its products and owns United States Patent No.
28 D707,361 (the “ ‘361 Patent ”) a copy of which is attached hereto as Exhibit “A,” The ‘361
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1 Patent was duly and legally issued on January 17, 2014, by the United States Patent and
2 Trademark Office.
3 21. SBD is the owner by assignment of all right, title, and interest in and to the ‘361
4 Patent, including the righto recover for any and all past and future infringements thereof.
5 22. Defendants, and each of them, have in the past and continue to infringe the '361
6 Patent by using, making, importing, selling, and/or offering to sell, in this judicial district and
7 elsewhere in the United States, knee sleeve products that infringe the '361 Patent.
8 23. These products include at least the Stronghouse Competition Knee Sleeves
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24. Other similar products may also be identified as a result of discovery in this case.
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Such conduct constitutes, at a minimum, patent infringement under 35 U.S.C. § 271(a).
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25. SBD is informed and believes, and on that basis alleges, that Defendants’
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infringement of the ‘361 Patent has been and continues to be intentional, willful, and without
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regard to SBD’s rights.
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1 26. An ordinary observer with knowledge of the prior art would find that Defendants’
2 infringing SCKS product is substantially similar to the ‘361 Patent giving such attention as a
4 27. The acts of infringement of the ‘361 Patent by Defendants, and each of them,
5 have caused damage to SBD, and SBD is entitled to recover from Defendants the damages
6 sustained by SBD as a result of the wrongful acts in an amount subject to proof at trial, including
8 28. SBD provided Defendants with written notice of SBD’s patent rights and has
9 previously demanded that Defendants, and each of them, cease and desist from further sales of
11 29. However, Defendants, and each of them, have continued to use, make, and sell the
13 30. Upon information and belief, Defendants, and each of them, will continue to
16 irreparably damaged to an extent not yet determined and will continue to be irreparably damaged
17 by such acts in the future unless Defendants, and each of them, are enjoined by this Court from
20 and each of them, have continued their infringing practices with knowledge of SBD’s patent
22 33. SBD never authorized any of the Defendants to use the ‘361 Patent.
23 34. Upon information and belief, Defendants, and each of them, knew of the ‘361
24 Patent before they began making, using, selling, offering to sell, and/or importing infringing
25 products into the United States. In particular, Defendant Stronghouse’s Instagram account
26 highlights one of their own powerlifters wearing the SBD Knee Sleeves as shown below:
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9
FIRST CLAIM FOR RELIEF
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INFRINGEMENT OF U.S. PATENT No. D707,361
11 (Against All Defendants)
12 35. Plaintiff incorporates the allegations in the preceding paragraphs as if fully set
13 forth herein.
14 36. The ‘361 Patent was duly and legally issued by the United States Patent and
15 Trademark Office.
16 37. The ‘361 Patent is valid and enforceable.
17 38. Defendants, and each of them, have been and are currently infringing, actively
18 inducing others to infringe, and/or contributing to the infringement of the ‘361 Patent in violation
19 of 35 U.S.C. § 271 by making, using, selling, and/or offering for sale, or causing or inducing
20 others to infringe the same with at least its sale and/or distribution of knee sleeves within the
21 United States that infringe the ‘361 Patent
22 39. Upon information and belief, Defendants, and each of them, will continue to
23 directly and/or indirectly infringe the ‘361 Patent unless and until they are enjoined by this
24 Court.
25 40. Defendants, and each of them, have caused and will continue to cause SBD
26 irreparable injury and damage as a result of their direct and/or indirect infringement of the ‘361
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1 Patent. SBD will suffer further irreparable injury, for which there is no adequate remedy at law,
2 unless and until Defendants, and each of them, are enjoined from infringing the ‘361 Patent.
6 43. This is an exceptional case warranting an award of attorneys’ fees to SBD under
7 35 U.S.C. § 285.
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1 purchasing public as to the source or origin of the SBD Knee Sleeves in violation of 15 U.S.C. §
2 1125(a).
3 50. Defendants, and each of them, have engaged in such wrongful conduct with the
4 willful purpose of misleading, deceiving, or confusing customers and the public as to the origin
5 and authority of Defendants’ knee sleeves and thereby are trading on SBD’s goodwill,
7 51. The conduct of Defendants, and each of them, constitutes willful infringement of
8 SBD’s protectable trade dress, making this an exceptional case within the meaning of 15 U.S.C.
9 § 1117.
10 52. The infringing activity of Defendants, and each of them, has caused SBD
11 irreparable injury and money damages. SBD is, therefore, entitled to an award of damages.
12 53. If the infringement by Defendants, and each of them, is not permanently enjoined,
17 WHEREFORE, Plaintiff respectfully prays that the Court grant the following relief:
18 A. Enter judgment for Plaintiff and against Defendants, and each of them, for willful
23 seizure of all infringing products, or any other copy, reproduction, or colorable imitation of the
24 ‘361 Patent that are in Defendants’, and each of their, possession or control, including all
25 advertising and other materials used in furtherance of Defendants’, and each of their,
28 that have occurred pursuant to 35 U.S.C. § 284, which shall be trebled as a result of Defendants’,
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1 and each of their, willful patent infringement, or an award of Defendants’ profits from their
6 F. Such other and further relief as this Court deems just and proper.
8 Pursuant to FRCP 28, SBD hereby demands a trial by jury on all issues for which a trial
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4845-2114-7615 v1 [96166-1]
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(702) 550-4400
John L. Krieger, SBN 6023. Dickinson Wright PLLC
3883 Howard Hughes Pkwy., Suite 800, Las Vegas, NV 89169 Unknown
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Patent Infringement