Enesco v. Toy2U Manufactory - Complaint

Case 1:16-cv-08634 Document 6 Filed 11/07/16 Page 1 of 11
UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK
ENESCO, LLC,
Civil Action No.:

Plaintiff,
COMPLAINT
v.
TOY2U MANUFACTORY COMPANY
LIMITED., L.T.D. COMMODITIES LLC,
Defendants.
Plaintiff Enesco, LLC (Plaintiff or Enesco), through its undersigned counsel,

complains and alleges against defendants Toy2U Manufactory Company Limited (Toy2U) and
L.T.D. Commodities LLC (LTD) (collectively, Defendants) as follows:
INTRODUCTION
1.
For more than a century, Plaintiffs Gund, division, has been the preeminent
manufacturer and retailer of plush toys in the United States and around the world. Beloved by
children and parents alike, Gunds teddy bears and other plush toys are recognized as the
industry standard.
2.
Among Gunds most popular toys is its Animated Peek-A-Boo Bear product
(Peek-A-Boo Bear), a seated plush teddy bear holding a blanket. The Peek-A-Boo Bears arms
articulate up and down so that the blanket alternately obscures and reveals the teddy bears face,
and also includes a function that plays loving, pre-recorded messages in a high, child-like voice,
as the mouth moves in unison.
3.
In 2012, Plaintiff secured a United States design patent for the configuration of
the Peek-A-Boo Bear.
4.
Years after Plaintiff obtained patent protection for and began marketing the Peek-
A-Boo Bear to consumer, the Defendants, who have no affiliation with Enesco, collectively
manufactured, imported, distributed, marketed, promoted, sold, and/or offered for sale a seated
plush teddy bear toy with articulating arms holding a blanket (the Infringing Product).
Moreover, the Infringing Product incorporates a voice function that plays the same phrases in a
virtually identical voice.
5.
The Infringing Product violates Plaintiffs exclusive design patent rights.
Accordingly, this is an action for patent infringement in violation of 35 U.S.C. 271.

6.
In this Complaint, Enesco seeks injunctive relief and damages arising from
Defendants deliberate infringement of Plaintiffs patent rights.

7.
Defendants conduct has irreparably harmed Enesco, and, unless enjoined, will
continue to injure both Enesco and the public.

JURISDICTION AND VENUE
8.
This Court has jurisdiction over the subject matter of this action pursuant to 28
U.S.C. 1331 and 1338 as it arises under the patent laws of the United States.
9.
This Court has personal jurisdiction over Defendants, because, on information and
belief, Defendants sold, offered for sale, distributed, and/or shipped the Infringing Products to
retailers and consumers throughout the United States and in this judicial district.
10.
Venue is proper in this district pursuant to 28 U.S.C. 1391(b)(2) and (c)(3).

THE PARTIES
11.
Enesco is a limited liability company organized under the laws of the State of
Delaware, with a principal place of business of 225 Windsor Drive, Itasca, Illinois 60143.
12.
For more than a century, Gund, a Division of Enesco (Gund), has been a
famous, industry-leading producer, designer, and marketer of plush toys, blankets, and
accessories. Gunds products are displayed, promoted, sold, and offered for sale in this judicial
district, throughout the United States and around the world.
13.
Gunds principal place of business is located at One Runyons Lane, Edison, New
Jersey 08817.
14.
On information and belief, defendant Toy2U is a company organized under the
laws of Hong Kong, with a principal place of business of Unit 4-5 12/F, Tower A, New
Mandarin Plaza, 14 Science Museum Road, Hong Kong.
15.
On information and belief, Toy2U designed, manufactured, and marketed the
Infringing Product, and has sold, offered for sale, exported, distributed, and/or shipped the
Infringing Product to retailers located in and/or selling products in the United States and in this
judicial district, including, without limitation, defendant LTD.
16.
On information and belief, defendant LTD is a limited liability company
organized under the laws of Delaware, with a principal place of business of 2800 Lakeside
Drive, Bannockburn, Illinois 60015.
17.
On information and belief, LTD maintains an interactive website at the domain
name ltdcommodities.com, which is accessible in this judicial district and throughout the world,
and through which LTD displays, promotes, markets, advertises, and sells hundreds of products
direct to consumers.
18.
On further information and belief, LTD markets and sells hundreds of products
via its catalog to consumers and retailers throughout the United States and in this judicial district.
19.
On information and belief, LTD has promoted, advertised, marketed, sold, offered
for sale, and/or shipped the Infringing Product to consumers in this judicial district.
FACTUAL BACKGROUND
20.
For more than a century, Plaintiffs Gund division has created innovative, high
quality, and beloved plush products.

21.
Among the products designed and marketed by Plaintiff is its Peek-A-Boo Bear, a
seated plush teddy bear holding a blanket.

22.
The Peek-A-Boo Bear incorporates a mechanism that articulates the arms up and
down so that the blanket alternately obscures and reveals the teddy bears face. Additionally, the
mechanism causes the Peek-A-Boo Bears mouth to move, and to play a high-pitched, child-like
recorded voice that speaks a series of messages. The Peek-A-Boo Bear mechanism is activated
by pressing a button on the left foot.
23.
Plaintiffs Peek-A-Boo Bear has garnered substantial sales success and popular
acclaim. By way of example, the Peek-A-Boo Bear was named one of the 100 Best Childrens
Products of 2011 by Dr. Toy, a leading expert on toys and childrens products.
24.
On April 24, 2012, the United States Patent and Trademark Office duly and
lawfully issued United States Design Patent No. D658,241, entitled Toy With Multiple
Positions (the D241 Patent). Plaintiff is the owner by assignment of all right, title, and interest
in the D241 Patent. A true and correct copy of the D241 Patent is attached hereto as Exhibit A.
25.
Plaintiff has provided Defendants and the public with constructive notice of its
rights in the D241 Patent pursuant to 35 U.S.C. 287.

26.
On information and belief, defendant Toy2U manufacturers, sells, exports, and
distributes toys to retailers in the United States, including to defendant LTD.

4
27.
On information and belief, defendant Toy2U manufactured, sold, exported, and
distributed the Infringing Product to retailers in the United States, including to defendant LTD.
28.
On information and belief, LTD promoted, advertised, marketed, sold, offered for
sale, and shipped the Infringing Product to consumers in this judicial district. A redacted copy of
a receipt showing Defendants shipment of the Infringing Product into this Judicial District is
attached as Exhibit B.
29.
On information and belief, LTD sold the Infringing Products through its catalog
service and via its website accessible at ltdcommodities.com. A copy of the page from
Defendants Winter Gifts 2016 catalog promoting and offering the Infringing Product is
attached as Exhibit C.
30.
LTD marketed the Infringing Product under the product name Peek-A-Boo
Bearprecisely the same name as Plaintiffs genuine Peek-A-Boo Bear.

31.
The Infringing Product is a seated plush bear holding a blanket. The
configuration of the Infringing Product is virtually identical to the genuine Peek-A-Boo Bear:
Peek-A-Boo Bear
Infringing Product
5
32.
Both the Peek-A-Boo Bear and the Infringing Product are rendered in seated
positions with legs splayed and blankets attached to their front paws. Both bears have oval
shaped heads with protruding rounded ears, and feature plastic eyes and oval noses protruding
from their snouts. Both bears likewise have sandy-colored fur, white snouts, brown plastic eyes,
and brown protruding noses.
33.
In addition, the Infringing Productjust like the Peek-A-Boo Bearincorporates
a mechanism that raises and drops the bears arms, lifting and lowering the attached blanket to
play peek-a-boo. As with the Peek-A-Boo Bear, the Infringing Products mechanism is
triggered by pressing a button embedded in the bears left foot.
34.
Moreover, the Infringing Products mechanism also causes its mouth to move,
and to recite different sweet phrases in a high-pitched, child-like voice. Tellingly, the Infringing
Product plays the same phrases, in virtually the same voice, as the Peek-A-Boo Bear,
including:
Hi baby! Peek-a-boo is the most fun with you!

Hi cutie pie!
Where did you go? Peek-a-boo, I found you!
Where are you?
Peek-a-boo! I see you!
Where did you go?
Peek-a-boo, hello baby!
Again! Again! Lets keep playing!
35.
Defendants mimicry of not just the Peek-A-Boo Bears configuration, but its
recorded voice as well, lays bare both their prior knowledge and intentional, wholesale copying
of the Peek-A-Boo Bear.
36.
Collectively, Defendants development, manufacture, exporting, importing,
shipment, distribution, promotion, advertising, marketing, sale, and offering for sale of the
Infringing Product infringes upon Enescos valuable, exclusive rights in the D241 Patent.
37.
On September 26, 2016, Plaintiffs counsel sent a letter to the office of LTDs
president, notifying LTD of Plaintiffs valuable and exclusive rights in the D241 Patent, and
alerting LTD that its sale, distribution, and promotion of the Infringing Product infringed upon
Plaintiffs rights. Plaintiffs letter further requested that LTD confirm that it would agree to cease
promoting, displaying, distributing, offering for sale, and selling the Infringing Product no later
than September 30, 2016. A copy of Plaintiffs September 26 letter is attached as Exhibit D.
38.
In its letter of September 30, 2016, counsel for Toy2U responded to Plaintiffs
September 26 letter by dismissing Enescos assertions and declaring Defendants intention to

continue manufacturing, distributing, promoting, displaying, selling, and offering for sale the
Infringing Product without regard to Plaintiffs rights. 1 A copy of the September 30 letter from
Toy2Us counsel is attached as Exhibit E.
39.
Consumers encountering both Plaintiffs genuine Peek-A-Boo Bear and the
Infringing Product are likely to discern a substantial similarity between the Peek-A-Boo Bear
and the Infringing Product.
40.
Defendants acts have caused and continue to cause Plaintiff to suffer irreparable
injury to its business. Enesco has suffered and will continue to suffer substantial loss of goodwill
The letter from Toy2Us Counsel also baselessly alleged that Plaintiffs September 26 letter
amounts to acts of intentional interference with contract or with prospective economic
advantage and also constitute willful, tortuous [sic], wrongful and unjustified false statement,
which acts entitle [Toy2U] to take action against [Plaintiff].
7
and reputation unless and until Defendants are preliminarily and permanently enjoined from their
infringement as set forth herein.
COUNT I
Patent Infringement in Violation of 35 U.S.C. 271
41.
Plaintiff repeats and realleges paragraphs 1 through 40 of its Complaint as if fully
set forth herein.

42.
Defendants have knowingly, intentionally, and willfully infringed the D241
Patent by collectively manufacturing, designing, exporting, importing, shipping, distributing,

promoting, displaying, offering for sale, and selling the Infringing Product, which has a design
covered by the claim of the D241 Patent.
43.
Defendants acts of infringement of the D241 Patent were undertaken without
permission or license from Plaintiff. Defendants had and continue to have actual and constructive
notice of the D241 Patent and Plaintiffs rights, and their actions constitute willful and
intentional infringement of the D241 Patent.
44.
Accordingly, Defendants infringed the D241 Patent with reckless disregard of
Plaintiffs rights therein, as Defendants knew or should have known that their actions constituted
infringement of the D241 Patent.
45.
Moreover, Defendants have indicated through counsel that they fully intend to
continue manufacturing, promoting, selling, and distributing the Infringing Product.

46.
As a direct and proximate result of their infringement of the D241 Patent,
Defendants have derived and received gains, profits, and advantages in an amount yet to be
determined.
47.
Pursuant to 35 U.S.C. 284, Plaintiff is entitled to damages for Defendants
infringing acts and treble damages together with interests and costs as fixed by this Court.
48.
Pursuant to 35 U.S.C. 289, Plaintiff is entitled to Defendants total profits from
the sale of the Infringing Product.

49.
Pursuant to 35 U.S.C. 285, Plaintiff is entitled to reasonable attorneys fees for
the necessity of bringing this claim.

50.
Due to Defendants infringing acts, Plaintiff has suffered significant and
irreparable injury for which Plaintiff has no adequate remedy at law.

51.
Unless enjoined by this Court, Defendants infringement of Plaintiffs D241
Patent is likely to continue unabated, causing further irreparable injury to Enesco.

PRAYER FOR RELIEF
WHEREFORE, Plaintiff Enesco, LLC prays for entry of:
1)
A FINAL JUDGMENT that Defendants willfully infringed Plaintiff's D241
Patent in violation of 35 U.S.C. 271;

2)
an ORDER enjoining Defendants and their officers, directors, agents, servants,
employees, affiliates, members, parents, subsidiaries, and all those acting in concert or
participation therewith, preliminarily during the pendency of this action, and permanently
thereafter, from manufacturing, designing, exporting, importing, shipping, distributing,
promoting, displaying, offering for sale, and selling the Infringing Product;
3)
an ORDER enjoining Defendants and their officers, directors, agents, servants,
employees, affiliates, members, parents, subsidiaries, and all those acting in concert or
participation therewith, preliminarily during the pendency of this action, and permanently
thereafter, from infringing the D241 Patent; and
9
Case 1:16-cv-08634 Document 6-1 Filed 11/07/16 Page 1 of 7
EXHIBIT A

USO0D658241S
(12) United States Design Patent (10) Patent N0.:

Ahrendsen
(54)
US D658,241 S
(45) Date of Patent:
TOY WITH MULTIPLE POSITIONS
11* Apr. 24, 2012
Primary Examiner * Sandra Morris
(74) Attorney, Agent, or Firm *Gottlieb, Rackman &
(75) Inventor:
Brooke Ahrendsen, Montclair, N] (U S)
Reisman RC
(73) Assignee: Enesco LLC, Itasca, IL (US)
(57)
(M)
The ornamental design for a toy With multiple positions, as

shoWn and described.
Term:
14 Years
CLAIM
(21) Appl.No.: 29/385,300

DESCRIPTION
(22) Filed:
Feb. 11, 2011
(51)
(52)
LOC (9) Cl. ................................................ .. 21-01

us. Cl. .................................... .. D21/658; D21/605
(58)
Field of Classi?cation Search ............... .. D2l/576,
D2l/585, 587588, 590, 595, 604*605, 658;

446/7li73, 97*98, 269, 368*369
See application ?le for complete search history.
.
(56)
References Clted
D171 611 S *
3/1954 MO er
8/1996 Dixzlm
showing my neW design;

FIG. 2 is a top plan View thereof;
FIG. 3 is a right side elevational View thereof, the left side
elevational View being a mirror image;
FIG. 4 is a rear elevational View thereof;
FIG. 5 is a bottom plan View thereof;
FIG. 6 is a front elevational View of the toy With a blanket
Us PATENT DOCUMENTS
D373,158 S *
FIG- 1 is a from elevational View of the toy with multiple

Positions and with a blanket in its initial lower Position
raised to its intermediate position; and,

B21677
iiiiiiiiiiiiiiiiiiiii "
FIG. 7 1S~2l front elevational V1eW of the toy W1th a blanket

ralsed to Its upper poslnon
134153540 5 * 10/1999 Sam ,,,,,,,,,,,,,,,,,,,,,, 132N605

D478,363 S * 8/2003 Steele-Kurtin et a1. .... .. D21/604
ThebrokenlinesinFlGS.1-7 showingaheadofthebearis for

illustrative purpose only and form no part of the claimed
D534,224 S
12/2006
Sutton ..................... .. D2l/604
design
D560,73l S
1/2008
Magener .................... .. D2l/605
* cited by examiner
1 Claim, 5 Drawing Sheets
US. Patent
Apr. 24, 2012
W .w
M
Sheet 1 of5
.M
US D658,241 S
U S. Patent
Apr. 24, 2012
Sheet 2 of5
US D658,241 S
US. Patent
Apr. 24, 2012
w.
W,
W.
Sheet 3 of5
US D658,241 S
US. Patent
Apr. 24, 2012
Sheet 4 of5
US D658,241 S
US. Patent
Apr. 24, 2012
Sheet 5 of5
US D658,241 S
EXHIBIT B
EXHIBIT C
EXHIBIT D
GOTTLIEB, RACKMAN & REISMAN, P.C.

COUNSELORS AT LAW
ALLEN I. RUBENSTEIN
JEFFREY M. KADEN
MARIA A. SAVIO
MARC P. MISTHAL
BARRY R. LEWIN
MITCHELL S. FELLER
PATENTS TRADEMARKS COPYRIGHTS INTELLECTUAL PROPERTY
270 MADISON AVENUE

NEW YORK, N. Y. 10016-0601
DONNA L. MIRMAN
JONATHAN M. PUROW
JASON R. WACHTER
JONATHAN A. MALKI
MICHAEL NESHEIWAT
DAVID D. RODRIGUES
PHONE: (212) 684-3900 FACSIMILE: (212) 684-3999
COUNSEL
DIANA MULLER*
PATENT AGENT
ZOYA V. CHERNINA
WEB: http://www.grr.com E-MAIL: info@grr.com
*MEMBER OF THE BAR

OF ARGENTINA ONLY
OF COUNSEL
GEORGE GOTTLIEB
JAMES REISMAN
DAVID S. KASHMAN
TIBERIU WEISZ
SILVIA SALVADORI
September 26, 2016

Via Federal Express
President
LTD Commodities LLC
2800 Lakeside Drive
Bannockburn, IL 60015
Re:
Design Patent Infringement Enesco, LLC
Sir:
Our firm is intellectual property counsel to Enesco, LLC of Itasca, Illinois
(Enesco). Gund, a division of Enesco, is an extremely well-known designer and
distributor of stuffed plush toys, and sells its products throughout the world.
Our client is the exclusive owner of United States Patent No. D658,241,
granted on April 24, 2012, entitled Toy With Multiple Positions (the D241
Patent). A copy of Enescos D241 Patent is attached as Exhibit A. The design
disclosed in the D241 Patent is embodied in our clients Peek-A-Boo Bear toy, a
seated plush teddy bear toy holding a square baby blanket (Peek-A-Boo Bear
Toy):
Sold online and in stores by Enesco and leading retailers, the Peek-A-Boo
Bear Toy has been exclusively and consistently marketed under the PEEK-ABOO BEAR name since its first introduction. The Peek-A-Boo Bear Toy has
earned significant sales success and was named one of the 100 Best Childrens
Products of 2011 by Dr. Toy.
The Peek-A-Boo Bear Toy incorporates a mechanism that when activated

President
LTD Commodities LLC
September 26, 2016
Page 2
by pressing a button on the toys left foot articulates the arms up and down so
that the blanket alternately hides and reveals its face. Additionally, the Peek-ABoo Bear Toys mouth will move, and a high-pitched recorded voice speaks a
series of messages, including, for instance, the phrase Hi baby, peek-a-boo is
the most fun with you!
It has come to our clients attention that LTD Commodities (LTD) has
sold and distributed a Peek-A-Boo Bear plush toy teddy bear (item no. 8930208BU6) (the LTD Bear) that is extremely similar to Enescos product. As with
Enescos Peek-A-Boo Bear Toy, the LTD Bear is in a seated position and holds a
square baby blanket. Virtually identical in terms of their size and overall design,
the LTD Bear and Enescos patent-protected Peek-A-Boo Bear Toy are
overwhelmingly alike:
The two toys function identically as well. As with Enescos toy, the LTD
Bears arms articulate up and down, so that the bear plays peek-a-boo with the
blanket. Moreover, the LTD Bear is activated by pressing a button on the toys
left foot, triggering not only the articulating arms, but also the toys mouth and
recorded voice, which seemingly replicates the recording used in connection with
the Peek-A-Boo Bear. The voice is similarly high pitched and childlike, and
repeats several phrases, including Hi baby, peek-a-boo is the most fun with
you!
In sum, the LTD Bear embodies the design disclosed in Patent No.
D658,241. Likewise, the LTD Bear and Enescos Peek-A-Boo Bear Toy are being
sold under the identical Peek-A-Boo Bear name.
This letter is being sent to notify you that the distribution and sale of the
LTD Bear infringes the claims of our clients valuable patent under the Patent
Act, 35 U.S.C. 271 et seq. Moreover, the distribution and sale of this product

President
LTD Commodities LLC
September 26, 2016
Page 3
under the name Peek-A-Boo Bear is likely to confuse consumers as to the
source and origin of the LTD Bear. Accordingly, the distribution and sale of the
Books Are Fun Bear in connection with Enescos Peek-A-Boo Bear mark
constitutes trademark infringement and false designation of origin in violation of
the Federal Trademark Act, 15 U.S.C. 1051 et seq.
Accordingly, in light of Books Are Funs infringement of Enescos patent
and trademark rights, we request that LTD immediately:
1.
cease promoting, displaying, distributing, offering for sale, and

selling the LTD Bear;
2.
provide Enesco with the name and address of the supplier and/or
vendor(s) of the LTD Bear, as well as documentation reflecting the
manufacture, importation, and sales to date of the LTD Bear;
3.
disclose the remaining quantity of the LTD Bear currently in

inventory under your companys control; and
4.
provide an accounting of all sales of the LTD Bear to date, and

agree to compensate out client accordingly.
Your company's continued activities are causing injury to our client's sales
and reputation. We therefore request that you or your attorney inform us by not
later than 5:00 P.M. E.D.T. on Friday, September 30, 2016, that your company
will comply with the above demands.
This letter constitutes notice of certain intellectual property rights owned
by Enesco, and is not intended as a complete statement of any rights, remedies,
claims, causes of action, and/or defenses that Enesco may assert to protect its
intellectual property, all of which are expressly reserved.
Very truly yours,
GOTTLIEB, RACKMAN & REISMAN, P.C.
Marc P. Misthal
MPM/jam
Encl.
cc:
Enesco, LLC (w/encls.)
George Gottlieb, Esq.
Jonathan A. Malki, Esq.
EXHIBIT A

USO0D658241S
(12) United States Design Patent (10) Patent N0.:

Ahrendsen
(54)
US D658,241 S
(45) Date of Patent:
TOY WITH MULTIPLE POSITIONS
11* Apr. 24, 2012
Primary Examiner * Sandra Morris
(74) Attorney, Agent, or Firm *Gottlieb, Rackman &
(75) Inventor:
Brooke Ahrendsen, Montclair, N] (U S)
Reisman RC
(73) Assignee: Enesco LLC, Itasca, IL (US)
(57)
(M)
The ornamental design for a toy With multiple positions, as

shoWn and described.
Term:
14 Years
CLAIM
(21) Appl.No.: 29/385,300

DESCRIPTION
(22) Filed:
Feb. 11, 2011
(51)
(52)
LOC (9) Cl. ................................................ .. 21-01

us. Cl. .................................... .. D21/658; D21/605
(58)
Field of Classi?cation Search ............... .. D2l/576,
D2l/585, 587588, 590, 595, 604*605, 658;

446/7li73, 97*98, 269, 368*369
See application ?le for complete search history.
.
(56)
References Clted
D171 611 S *
3/1954 MO er
8/1996 Dixzlm
showing my neW design;

FIG. 2 is a top plan View thereof;
FIG. 3 is a right side elevational View thereof, the left side
elevational View being a mirror image;
FIG. 4 is a rear elevational View thereof;
FIG. 5 is a bottom plan View thereof;
FIG. 6 is a front elevational View of the toy With a blanket
Us PATENT DOCUMENTS
D373,158 S *
FIG- 1 is a from elevational View of the toy with multiple

Positions and with a blanket in its initial lower Position
raised to its intermediate position; and,

B21677
iiiiiiiiiiiiiiiiiiiii "
FIG. 7 1S~2l front elevational V1eW of the toy W1th a blanket

ralsed to Its upper poslnon
134153540 5 * 10/1999 Sam ,,,,,,,,,,,,,,,,,,,,,, 132N605

D478,363 S * 8/2003 Steele-Kurtin et a1. .... .. D21/604
ThebrokenlinesinFlGS.1-7 showingaheadofthebearis for

illustrative purpose only and form no part of the claimed
D534,224 S
12/2006
Sutton ..................... .. D2l/604
design
D560,73l S
1/2008
Magener .................... .. D2l/605
* cited by examiner
1 Claim, 5 Drawing Sheets
US. Patent
Apr. 24, 2012
W .w
M
Sheet 1 of5
.M
US D658,241 S
U S. Patent
Apr. 24, 2012
Sheet 2 of5
US D658,241 S
US. Patent
Apr. 24, 2012
w.
W,
W.
Sheet 3 of5
US D658,241 S
US. Patent
Apr. 24, 2012
Sheet 4 of5
US D658,241 S
US. Patent
Apr. 24, 2012
Sheet 5 of5
US D658,241 S
EXHIBIT E

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Case 1:16-cv-08634 Document 6 Filed 11/07/16 Page 1 of 11

UNITED STATES DISTRICT COURT

Civil Action No.:

Plaintiff Enesco, LLC (Plaintiff or Enesco), through its undersigned counsel,

the Peek-A-Boo Bear.

Case 1:16-cv-08634 Document 6 Filed 11/07/16 Page 2 of 11

The Infringing Product violates Plaintiffs exclusive design patent rights.

Accordingly, this is an action for patent infringement in violation of 35 U.S.C. 271.

Defendants deliberate infringement of Plaintiffs patent rights.

continue to injure both Enesco and the public.

Venue is proper in this district pursuant to 28 U.S.C. 1391(b)(2) and (c)(3).

Case 1:16-cv-08634 Document 6 Filed 11/07/16 Page 3 of 11

On information and belief, defendant Toy2U is a company organized under the

On information and belief, Toy2U designed, manufactured, and marketed the

On information and belief, defendant LTD is a limited liability company

On information and belief, LTD maintains an interactive website at the domain

Case 1:16-cv-08634 Document 6 Filed 11/07/16 Page 4 of 11

quality, and beloved plush products.

seated plush teddy bear holding a blanket.

rights in the D241 Patent pursuant to 35 U.S.C. 287.

On information and belief, defendant Toy2U manufacturers, sells, exports, and

distributes toys to retailers in the United States, including to defendant LTD.

Case 1:16-cv-08634 Document 6 Filed 11/07/16 Page 5 of 11

On information and belief, defendant Toy2U manufactured, sold, exported, and

Bearprecisely the same name as Plaintiffs genuine Peek-A-Boo Bear.

The Infringing Product is a seated plush bear holding a blanket. The

Case 1:16-cv-08634 Document 6 Filed 11/07/16 Page 6 of 11

In addition, the Infringing Productjust like the Peek-A-Boo Bearincorporates

Hi baby! Peek-a-boo is the most fun with you!

Case 1:16-cv-08634 Document 6 Filed 11/07/16 Page 7 of 11

Collectively, Defendants development, manufacture, exporting, importing,

September 26 letter by dismissing Enescos assertions and declaring Defendants intention to

Consumers encountering both Plaintiffs genuine Peek-A-Boo Bear and the

Case 1:16-cv-08634 Document 6 Filed 11/07/16 Page 8 of 11

Plaintiff repeats and realleges paragraphs 1 through 40 of its Complaint as if fully

set forth herein.

Defendants have knowingly, intentionally, and willfully infringed the D241

Patent by collectively manufacturing, designing, exporting, importing, shipping, distributing,

Defendants acts of infringement of the D241 Patent were undertaken without

Accordingly, Defendants infringed the D241 Patent with reckless disregard of

continue manufacturing, promoting, selling, and distributing the Infringing Product.

As a direct and proximate result of their infringement of the D241 Patent,

Case 1:16-cv-08634 Document 6 Filed 11/07/16 Page 9 of 11

Pursuant to 35 U.S.C. 284, Plaintiff is entitled to damages for Defendants

Pursuant to 35 U.S.C. 289, Plaintiff is entitled to Defendants total profits from

the sale of the Infringing Product.

Pursuant to 35 U.S.C. 285, Plaintiff is entitled to reasonable attorneys fees for

the necessity of bringing this claim.

Due to Defendants infringing acts, Plaintiff has suffered significant and

irreparable injury for which Plaintiff has no adequate remedy at law.

Unless enjoined by this Court, Defendants infringement of Plaintiffs D241

Patent is likely to continue unabated, causing further irreparable injury to Enesco.

A FINAL JUDGMENT that Defendants willfully infringed Plaintiff's D241

Patent in violation of 35 U.S.C. 271;

an ORDER enjoining Defendants and their officers, directors, agents, servants,

an ORDER enjoining Defendants and their officers, directors, agents, servants,

Case 1:16-cv-08634 Document 6 Filed 11/07/16 Page 10 of 11

Case 1:16-cv-08634 Document 6 Filed 11/07/16 Page 11 of 11

Case 1:16-cv-08634 Document 6-1 Filed 11/07/16 Page 1 of 7

Case 1:16-cv-08634 Document 6-1 Filed 11/07/16 Page 2 of 7

(12) United States Design Patent (10) Patent N0.:

(45) Date of Patent:

TOY WITH MULTIPLE POSITIONS

11* Apr. 24, 2012