Juka Innovations v. Uxoz Direct - Complaint

Case 2:18-cv-03511-ADS-AYS Document 1 Filed 06/15/18 Page 1 of 18 PageID #: 1
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------------X
:
JUKA INNOVATIONS CORPORATION, : Civil Action No.:
:
Plaintiff, :
: COMPLAINT
v. :
:
UXOZ DIRECT, an unknown entity; SHEN ZHEN :
SHI ZHI GUANG DIAN ZI YOU XIAN GONG SI : June 15, 2018
LIMITED COMPANY (LTD.), a Chinese limited :
company; and JOHN DOES #1-10, unknown :
persons, :
:
Defendants : Jury Trial Demanded
:
--------------------------------------------------------------X
COMPLAINT FOR COPYRIGHT INFRINGEMENT

UNFAIR COMPETITION & PATENT INFRINGEMENT
Plaintiff Juka Innovations Corporation (hereinafter “Juka”), for its Complaint against: (i)
Uxoz Direct, an unknown entity (hereinafter “Uxoz”); (ii) Shen zhen shi zhi guang dian zi you
xian gong si limited company (ltd.), a Chinese limited company (hereinafter “Shen zhen”); and
(iii) John Does # 1-10; (collectively, “Defendants”) alleges as follows:
INTRODUCTION
1. This is an action for:
(i) copyright infringement arising under the Copyright Laws of the United
States, 17 U.S.C. § 101 et seq.;
(ii) unfair competition arising under the Trademark Laws of the United States,
15 U.S.C. § 1125(a) and N.Y. Gen. Bus. Law §§ 349 and 360-l; and
(iii) patent infringement arising under the Patent Laws of the United States, 35
U.S.C. § 101 et seq.
Page 1 of 18
2. Juka owns exclusive rights in the visual material (collectively the “Visual
Material”) claimed in the following United States Copyright Registrations: Reg. No.
VAu001283876 entitled “TubShroom Collateral 2016;” Reg. No. VAu001263568 entitled
“TubShroom;” and Reg. No. VAu001283873 entitled “SinkShroom Collateral 2016” (collectively,
the “Juka Copyrights”). Copies of these three (3) U.S. Copyright Registrations are attached hereto
as Exhibit A.
3. An example of the Visual Material is shown in the photographs below (which
photographs formed part of the deposit for U.S. Copyright Reg. No. VAu001263568):1
1
Given the length of the Juka Copyright deposits, full copies thereof are not attached to this
Complaint. That being said, the deposits are publicly available, upon request, through the U.S.
Copyright Office. Additionally, copies of the deposits will be provided to opposing counsel if such
deposits are responsive to an appropriate discovery request.
Page 2 of 18
4. Juka owns exclusive rights in the ornamental design (the “Design”) claimed in
United States Design Patent No. D785,767 entitled “Tub Drain Hair Collector” (hereinafter the
“Juka Patent”). A copy of U.S. Pat. No. D785,767 is attached hereto as Exhibit B.
5. Collectively, the Juka Copyrights and Juka Patent are referred to herein as the “Juka
Ornamental Rights.”
6. Defendants violated Juka’s exclusive rights in the Visual Material, in violation of
the Copyright Act, 17 U.S.C. § 101 et seq., in connection with sink and tub strainers that
Defendants offered for sale and/or distributed to the public by sale or other transfer of ownership
without Juka’s permission.
7. Defendants engaged in unfair competition in violation of Section 43(a) of the
Lanham Act, 15 U.S.C. § 1125(a) with respect to sink and tub strainers that Defendants used,
Page 3 of 18
offered for sale and/or sold in the United States.
8. Defendants violated Juka’s exclusive rights in the Design, in violation of the Patent
Act, 35 U.S.C. § 101 et seq., in connection with sink and tub strainers that Defendants used, offered
for sale and/or sold in the United States without Juka’s permission.
9. Juka seeks, among other relief, an injunction preventing Defendants from further
infringing the Juka Copyrights and Juka Patent and for recovery of its damages and/or a
disgorgement of Defendants’ profits from their infringement. Juka further seeks, among other
relief, an injunction preventing Defendants from further unfairly competing against Juka, and for
recovery of its damages and/or a disgorgement of Defendants’ profits from their unfair
competition.
THE PARTIES
10. Plaintiff Juka is a corporation organized and existing under the laws of the State of
New York with a principal place of business at 707 Broadhollow Rd., Ste 22, Farmingdale, NY
11735.
11. On information and belief, Defendant Uxoz Direct is a foreign entity having a
principal place of business in China. Investigation is still ongoing as to the legal structure – if any
– of Defendant Uxoz Direct as well as the relevant contact information.
12. On information and belief, Defendant Shen zhen shi zhi guang dian zi you xian
gong si limited company (ltd.) (hereinafter “Defendant Shen zhen”) is a Chinese limited company
having a principal place of business at “long gang qu bu ji jie dao kang da er hu die bao 1 dong B
zuo 2701 shi Shen zhen shi CHINA 518000.”
13. Defendants John Does #1 – 10 are persons whose identities are, as yet, unknown
to Juka.
Page 4 of 18
14. On information and belief, John Does #1 – 10 engaged in: (i) the manufacture;
and (ii) importation into the United States; of the Infringing Strainers (as defined below).
15. On information and belief, John Does #1 – 10 are residents of China.
JURISDICTION AND VENUE
16. This is a civil action for Federal copyright infringement (17 U.S.C. § 101), unfair
competition (15 U.S.C. § 1125(a)) and patent infringement (35 U.S.C. § 101 et seq.).
17. This Court has subject matter jurisdiction over this action pursuant to 15 U.S.C. §
1121 and 28 U.S.C. §§ 1331 and 1338.
18. This Court has personal jurisdiction over Defendant Uxoz at least because
Defendant Uxoz: (i) transacted and solicited business in the State of New York, including with
respect to sink and tub strainers that infringe the Juka Copyrights and Juka Patent; and (ii)
committed acts of copyright infringement, unfair competition and patent infringement in the State
of New York, at least by offering to sell and/or selling sink and tub strainers that infringe the Juka
Copyrights and Juka Patent in the State of New York.
19. This Court has personal jurisdiction over Defendant Shen zhen at least because
Defendant Shen zhen: (i) transacted and solicited business in the State of New York, including
with respect to sink and tub strainers that infringe the Juka Copyrights and Juka Patent; and (ii)
committed acts of copyright infringement, unfair competition and patent infringement in the State
of New York, at least by offering to sell and/or selling sink and tub strainers that infringe the Juka
Copyrights and Juka Patent in the State of New York.
20. This Court has personal jurisdiction over Defendants John Does #1—10 at least
because Defendants John Does #1—10: (i) transacted and solicited business in the State of New
York, including with respect to sink and tub strainers that infringe the Juka Copyrights and Juka
Page 5 of 18
Patent; and (ii) committed, contributed to and/or induced acts of copyright infringement, unfair
competition and patent infringement in the State of New York, at least by offering to sell and/or
selling sink and tub strainers that infringe the Juka Copyrights and Juka Patent in the State of New
York.
21. Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b)(2), 1391(c)(2)
and 1400 at least because: (i) Defendants reside in this district by transacting and soliciting
business in this district, including with respect to sink and tub strainers that infringe the Juka
Copyrights and Juka Patent; (ii) Defendants reside in this district by committing acts of Federal
copyright infringement, unfair competition and patent infringement in this district by offering to
sell and/or selling sink and tub strainers that infringe the Juka Copyrights and Juka Patent and
which otherwise unfairly compete against Juka’s products; and (iii) Defendants are each
corporations which are subject to this Court’s personal jurisdiction.
22. Venue is also proper with respect to Defendants Uxoz and Shen zhen (and, on
information and belief, Defendants John Does # 1 – 10) under 28 U.S.C. §§ 1391(c)(3) inasmuch
as Defendants Uxoz and Shen zhen are believed to be a Chinese business organization (i.e.,
defendants which are “not resident in the United States”) (as are, on information and belief,
Defendants John Does #1—10).
FACTUAL ALLEGATIONS
I. Juka’s Intellectual Property Rights
23. Juka has designed, developed, made, and sold a variety of sink, tub and shower
strainers.
24. Juka has taken steps to protect its innovative products. In particular, Juka owns:
(i) various United States copyright registrations relating to the Visual Material.
Page 6 of 18
Relevant to this dispute, Juka owns all right, title, and interest in, and has
the right to sue and recover for past, present, and future infringement of, the
Juka Copyrights identified above from at least as early as the date such
copyright registrations duly and legally issued to Juka, namely:
(a) January 3, 2017 with respect to Copyright Reg. No.
VAu001283873;
(b) August 23, 2016 with respect to Copyright Reg. No.
VAu001263568; and
(c) January 3, 2017 with respect to Copyright Reg. No.
VAu001283876;
and
(ii) various United States design patents relating to its Design. Relevant to this
dispute, Juka owns all right, title, and interest in, and has the right to sue
and recover for past, present, and future infringement of, the Juka Patent
identified above from May 2, 2017 – the date such patent duly and legally
issued to Juka.
25. The Juka Copyrights and Juka Patent are presumed to be valid.
II. Articulation of Juka’s Ornamental Rights
26. As noted above, the Juka Copyrights and Juka Patent are collectively referred to as
the “Juka Ornamental Rights.” This is because such rights are not mutually exclusive and may be
broadly thought of as protecting the ornamentation of Juka’s products.
27. In broadly considering the Juka Ornamental Rights, Juka has articulated at least
nine (9) separate ornamental features (hereinafter “Ornamental Features”) which are protected by
Page 7 of 18
Juka’s Ornamental Rights, including:
(i) an overall “mushroom shape” design;
(ii) a rounded “mushroom cap” shaped top portion;
(iii) a plurality of rounded holes in the “mushroom cap” evocative of the

“scales” (aka “spots”) common to many mushrooms;
(iv) a cylindrical “mushroom stalk”;
(v) an internal, cylindrical hollow in the stalk;
(vi) a plurality of rounded holes in the “mushroom stalk” evocative of the

“scales” common to many mushrooms;
(vii) a rounded base area evocative of a “mushroom ring” / “mushroom volva”;
(viii) a plurality of rounded holes in the base area also evocative of “mushroom
scales”; and
(ix) a plurality of end-protrusions evocative of mycelium.
III. Defendants’ Infringing Activities
A. Defendants’ Activities
28. On information and belief, Defendant Uxoz is a Chinese company primarily
operated out of Shenzhen, Guangdong, China. See, e.g., Exhibit C showing a printout of
Defendant Uxoz’ Facebook page (indicating Shenzhen as the organization’s location).
29. Plaintiff has discovered that there is one registered U.S. Trademark (U.S. Reg. No.
5451305) and one pending U.S. Trademark application (U.S. Serial No. 87948308) for UXOZ
(printouts of which from the U.S. Trademark Electronic Search System database are attached
hereto as Exhibit D). Application Serial No. 87948308 for UXOZ covers, inter alia, “Plumbing
fittings, namely, sink strainers.” The owner of both the application and the registration is listed as
Defendant Shen zhen. Plaintiff believes that Defendant Uxoz and Defendant Shen zhen may
actually be one in the same, i.e., that “Uxoz Direct” may be a trade name for Defendant Shen zhen.
Page 8 of 18
Investigation remains ongoing.
30. On information and belief, Defendants sell various tub and sink strainers which
infringe Juka’s Ornamental Rights (the “Infringing Strainers”) through, inter alia, the “Uxoz
Direct” storefront on the www.amazon.com website.
31. The Infringing Strainers are currently marketed, offered for sale and/or sold under
the following Amazon.com product listing: https://www.amazon.com/Uxoz-Catcher-Stainless-
Compatible-Bathroom/dp/B07BDCQSV9. Similarly, replacement rubber sealing rings are also
marketed, offered for sale and/or sold under the following Amazon.com product listing:
https://www.amazon.com/Uxoz-Rubber-Sealing-Rings-Catcher/dp/B07BDKDGFD/
(collectively, the “Uxoz Listings”). Printouts of these listings are attached hereto as Exhibit E.
32. Example photographs of the Infringing Strainers are shown below (which
photographs appeared in the Uxoz Listings):
33. Immediately after discovering the Uxoz Listings, Juka took action. More
specifically:
(i) on April 23, 2018, Juka sent a cease and desist letter to Defendant Uxoz (a
copy of which is attached hereto as Exhibit F); and
Page 9 of 18
(ii) on May 10, 2018, after Defendants were unresponsive, Juka sent a second
cease and desist letter to third party Amazon.com, Inc. (copying Defendant
Uxoz) requesting that the Uxoz Listings be removed (a copy of which is
attached hereto as Exhibit G).
34. As illustrated by the side-by-side comparison below, the Infringing Strainers
contain numerous ornamental elements which are covered by the Juka Ornamental Rights, namely:
(a) Ornamental Feature (i) – an overall “mushroom shape” design;
(b) Ornamental Feature (ii) – a rounded “mushroom cap” shaped top portion;
(c) Ornamental Feature (iii) – a plurality of rounded holes in the “mushroom
cap” evocative of the “scales” (aka “spots”) common to many mushrooms;
(d) Ornamental Feature (iv) – a cylindrical “mushroom stalk”;
(e) Ornamental Feature (v) – an internal, cylindrical hollow in the stalk; and
(f) Ornamental Feature (vii) – a rounded base area evocative of a “mushroom
ring” / “mushroom volva.”
35. Indeed, the only differences between the Juka Ornamental rights and the Infringing
Strainers are relatively minor in light of the overall design, namely:
(a) Ornamental Feature (vi) – instead of having a plurality of rounded holes in
Page 10 of 18
the “mushroom stalk” evocative of “scales,” the Infringing Strainers having
a plurality of hexagonal holes in the “mushroom stalk” evocative of “scales”
– a trivial alteration;
(b) Ornamental Feature (viii) – the Infringing Strainers do not have a plurality
of rounded holes in the base area; and
(c) Ornamental Feature (ix) – the Infringing Strainers do not have a plurality of
end-protrusions – instead having a single, uniform end protrusion.
36. Based on the large number of ornamental elements present in the Infringing
Strainers which are covered by the Juka Ornamental Rights, and the predominant visual impact of
such elements, the Infringing Strainers are violative of Juka’s Ornamental Rights.
37. On information and belief, the Infringing Strainers were: (i) manufactured in China;
and (ii) imported into the United States; by Defendants.
38. On information and belief, the Infringing Strainers still have not been removed
from the Uxoz Listings.
39. As more fully discussed below, on information and belief, Defendants have:
(i) directly and contributorily infringed the Juka Copyrights within the
meaning of 17 U.S.C. § 501;
(ii) directly infringed and actively induced infringement of the Juka Patent
within the meaning of 35 U.S.C. § 271;
at least by using, offering for sale and/or selling the Infringing Strainers in the United States
without Juka’s authorization.
40. Based on Juka’s considerable past experience in policing similar infringement, Juka
is concerned that a “whack a mole” scenario will develop without injunctive relief, i.e., a scenario
Page 11 of 18
wherein Defendants periodically sell Infringing Strainers through Amazon, eBay and other
websites (albeit under a different alias and different product listings). Such repeat offenses should
not be tolerated by this Court.
B. Defendants’ Copyright Infringement
41. Without Juka’s authorization, Defendants made, used, offered for sale, sold, and/or
imported into the United States the Infringing Strainers which violate the Juka Copyrights.
42. On information and belief, Defendants copied the Visual Material in creating and
advertising the Infringing Strainers.
43. The Infringing Strainers are substantially similar to the Visual Materials covered
by the Juka Copyrights.
44. Defendants directly infringed the Juka Copyrights within the meaning of 17 U.S.C
§ 101 et seq., in connection with offering the Infringing Strainers for sale and/or distributing the
Infringing Strainers to the public by sale or other transfer of ownership without Juka’s permission.
45. After receiving Juka’s cease and desist letter on November 28, 2017 (by which date
Defendants were indisputably put on notice of Juka’s rights and the infringement thereof),
Defendants did not act expeditiously to remove, or disable access to, the Uxoz Listings for the
Infringing Strainers.
C. Defendants’ Unfair Competition
46. Defendants’ conduct is likely to cause confusion, mistake or deception as to: (i) the
affiliation, connection or association of Defendants’ Infringing Strainers and Juka; and (ii) the
origin, sponsorship or approval of Defendants and the Infringing Strainers by Juka; in violation of:
(i) Section 43 of the Lanham Act, 15 U.S.C. § 1125(a); and
(ii) the laws of the State of New York including, inter alia, N.Y. Gen. Bus. Law
Page 12 of 18
§§ 349 and 360-l.
47. Put another way, Defendants’ conduct was a thinly veiled attempt to “palm off”
Infringing Strainers as Plaintiff’s products.
48. On information and belief, such conduct is likely to cause consumers to become
confused as to the affiliation, connection, or association of Juka with another person, and as to the
origin, sponsorship, or approval of another person’s goods by Juka.
D. Defendants’ Patent Infringement
49. On information and belief, Defendants have directly infringed the Juka Patent
within the meaning of 35 U.S.C. § 271 at least by importing into the United States and/or using,
selling and/or offering for sale the Infringing Strainers in the United States without Juka’s
authorization.
50. The overall appearance of the Design of the Juka products covered by the Juka
Patent and the corresponding designs of Defendants’ Infringing Strainers are substantially the
same.
51. An ordinary observer would perceive the overall appearance of the Design covered
by the Juka Patent and the corresponding designs of Defendants’ Infringing Strainers to be
substantially the same.
52. On information and belief, Defendants knew or had reason to know that the
Infringing Products copied the Design covered by the Juka Patent at least as early as their receipt
of the cease and desist letters sent by Juka.
53. On information and belief, Defendants intended to copy the Design covered by the
Juka Patent.
Page 13 of 18
Count I
(Direct Infringement Under 17 U.S.C. § 501 of the Juka Copyrights – All Defendants)
54. Juka re-alleges and incorporates by reference the allegations set forth in paragraphs
1 through 53 of this Complaint.
55. Defendants, without authorization from Juka, have used, offered for sale, sold,
and/or otherwise transferred ownership of sink and tub strainers within the United States that
infringe the Juka Copyrights (i.e., the Infringing Strainers).
56. The Juka Copyrights are federally registered and, therefore, presumed valid.
57. Juka has been harmed by the infringement of the Juka Copyrights by Defendant
and will continue to be irreparably harmed without an injunction preventing future incidents of
such infringement by Defendants.
Count II
(Unfair Competition Under 15 U.S.C. § 1125(a) – All Defendants)
1 through 53 and 55 through 57 of this Complaint.
59. Defendants deliberately and willfully attempted to trade on Juka’s hard-earned
goodwill and reputation for quality products in order to confuse consumers as to the origin and
sponsorship of the Infringing Strainers and, thus, to pass off the Infringing Strainers as bona fide
Juka products.
affiliation, connection or association of the Infringing Strainers and Defendants with Juka; and (ii)
the origin, sponsorship or approval of Defendants and the Infringing Strainers by Juka; in violation
of Section 43 of the Lanham Act, 15 U.S.C. § 1125(a).
Page 14 of 18
61. Juka has been harmed by Defendants’ unfair competition, and will continue to be
irreparably harmed without an injunction preventing future incidents of such unfair competition
by Defendants.
Count III
(Direct Infringement Under 35 U.S.C. § 271 of the Juka Patent – All Defendants)
1 through 53, 55 through 57 and 59 through 61 of this Complaint.
63. Defendants, without authorization from Juka, used, offered for sale, sold, and/or
imported in or into the United States, sink and tub strainers that infringe the Juka Patent (i.e., the
Infringing Strainers).
64. Juka has been harmed by the infringement of the Juka Patent by Defendants, and
will continue to be irreparably harmed without an injunction preventing future incidents of such
infringement by Defendants.
Count IV
(Unfair Competition Under N.Y. Gen. Bus. Law §§ 349 and 360-l – All Defendants)
1 through 53, 55 through 57, 59 through 61 and 63 through 64 of this Complaint.
66. Defendants have deliberately and willfully attempted to trade on Juka’s hard-earned
goodwill and reputation for quality products in order to confuse consumers as to the origin and
sponsorship of the Infringing Strainers and, thus, to pass off the Infringing Strainers as bona fide
Juka products.
affiliation, connection or association of the Infringing Strainers and Defendants with Juka; and (ii)
Page 15 of 18
the origin, sponsorship or approval of Defendants and the Infringing Strainers by Juka; in violation
of the laws of the State of New York including, inter alia, N.Y. Gen. Bus. Law §§ 349 and 360-l.
WHEREFORE, Juka respectfully requests that the Court grant the following relief:
1. A judgment that Defendants infringed the Juka Copyrights;
2. A judgment that Defendants engaged in unfair competition;
3. A judgment that Defendants infringed the Juka Patent;
4. A permanent injunction enjoining Defendants and all persons acting in concert with
Defendants, from infringing the Juka Copyrights;
Defendants, from engaging in unfair competition against Juka;
Defendants, from infringing the Juka Patent;
7. A judgment and order requiring Defendants to pay Juka supplemental damages or
profits for any continuing post-verdict infringement up until entry of the final judgment, with an
accounting, as needed;
8. A judgment and order requiring Defendants to pay Juka increased patent damages
up to three times the amount found or assessed pursuant to 35 U.S.C. § 284;
9. A judgment and order requiring Defendants to pay Juka: (i) Defendants’ profits;
and (ii) any damages sustained by Juka; under 17 U.S.C. § 504;
10. At the election of Plaintiff prior to final judgment, a judgment and order requiring
Defendants to pay Juka statutory copyright damages pursuant to 17 U.S.C. § 504;
11. A judgment and order requiring Defendants to pay Juka all damages caused by
Page 16 of 18
Defendants’ infringement of the Juka Patent (but in no event less than a reasonable royalty)
pursuant to 35 U.S.C. § 284, or the total profit made by Defendants from their infringement of
each of the Juka Patents pursuant to 35 U.S.C. § 289;
12. A judgment and order requiring Defendants to pay Juka pre-judgment and post-
judgment interest on any damages or profits awarded;
13. A judgment and order requiring Defendants to pay Juka: (i) Defendants’ profits;
(ii) any damages sustained by Juka; and (iii) the costs of this action; under 15 U.S.C. § 1117(a);
14. A determination that this action is an exceptional case pursuant to 35 U.S.C. § 285;
15. A determination that this action is an exceptional case pursuant to 15 U.S.C. § 1117;
16. An award of Juka’s attorney’s fees for bringing and prosecuting this action pursuant
to 35 U.S.C. § 285, 17 U.S.C. § 505 and 15 U.S.C. § 1117;
17. An award of Juka’s costs and expenses incurred in bringing and prosecuting this
action; and
18. Such further and additional relief as this Court deems just and proper.
DEMAND FOR JURY TRIAL
Juka hereby demands a jury for all issues so triable.
Page 17 of 18
Dated: New York, New York

June 15, 2018
Respectfully submitted,
GRIMES LLC
/s/ Russell D. Dize

Charles W. Grimes, Esq. (CG 0899)
Russell D. Dize, Esq. (RD 4000)
200 W. 57th Street, Suite 1403
New York, NY 10019
(914) 698-1305
grimes@gandb.com
dize@gandb.com
3501 Bonita Bay Blvd.

Bonita Springs, FL 34134
(p) (239) 330-9000
(f) (239) 301-2215
Attorneys for Plaintiff

Juka Innovations Corporation
Page 18 of 18
Case 2:18-cv-03511-ADS-AYS Document 1-1 Filed 06/15/18 Page 1 of 2 PageID #: 19
Exhibit A
10/5/2017 WebVoyage
Case 2:18-cv-03511-ADS-AYS Document 1-3 Record
Filed View 1
06/15/18 Page 2 of 4 PageID #: 26
Public Catalog
Copyright Catalog (1978 to present)
Search Request: Left Anchored Name = juka innovations
Search Results: Displaying 3 of 3 entries
TubShroom Collateral 2016.
Type of Work: Visual Material

Registration Number / Date: VAu001283876 / 2017-01-03
Application T itle: TubShroom Collateral 2016.
Title: TubShroom Collateral 2016.
Appears in: TubShroom Collateral
Description: electronic file.
Copyright Claimant: Juka Innovations Corporation, Transfer: By written agreement. Address: 707
Broadhollow Rd Ste 22, Farmingdale, NY, 11735.
Date of Cr eation: 2016
Authorship on Application: Solyman Najimi, 1981- ; Citizenship: United States. Authorship: 2-D artwork -
Advertising Illustrations.
Serge Karnegie, 1978- ; Citizenship: United States. Authorship: 2-D artwork -
Rights and Permissions: Juka Innovations Corporation, 707 Broadhollow Rd Ste 22, Farmingdale, NY,
11735, United States
Copyright Note: C.O. correspondence.
Basis for Registration: Unpublished Collection
Names: Najimi, Solyman, 1981-
Serge Karnegie, 1978-
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http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?v1=3&ti=1,3&Search%5FArg=juka%20innovations&Search%5FCode=NALL&CNT=25&PID=5sHog8RE… 1/2
10/5/2017 WebVoyage
Filed View 1
06/15/18 Page 3 of 4 PageID #: 27
Public Catalog
[TubShroom]

Application T itle: TubShroom.
Title: [TubShroom]
Description: Electronic file (eService)
Notes: title from application.
Copyright Claimant: Juka Innovations Corporation. Address: 32 Herb Hill Rd, Glen Cove, NY, 11542,
United States.
Authorship on Application: Juka Innovations Corporation, employer for hire; Citizenship: United States.
Authorship: photograph, 2-D artwork, technical drawing.
Basis for Registration: unpublished collection.
Names: Juka Innovations Corporation

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Filed View 1
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Public Catalog
SinkShroom Collateral 2016.

Application T itle: SinkShroom Collateral 2016.
Title: SinkShroom Collateral 2016.
Appears in: SinkShroom Collateral
Description: electronic file.
Copyright Claimant: Juka Innovations Corporation, Transfer: By written agreement. Address: 707
Broadhollow Rd Ste 22, Farmingdale, NY, 11735, United States.
Authorship on Application: Solyman Najimi, 1981- ; Citizenship: United States. Authorship: 2-D artwork -
Serge Karnegie, 1978- ; Citizenship: United States. Authorship: 2-D artwork -
Rights and Permissions: Juka Innovations Corporation, 707 Broadhollow Rd Ste 22, Farmingdale, NY,
11735, United States
Basis for Registration: Unpublished Collection
Names: Najimi, Solyman, 1981-
Karnegie, Serge, 1978-


Exhibit B
Exhibit C
6/14/2018 Uxoz1-5
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Exhibit D
6/14/2018 Trademark 1-6
Case 2:18-cv-03511-ADS-AYS Document Electronic Search
Filed System (TESS)
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Word Mark UXOZ

Translations The wording "Uxoz" has no meaning in a foreign language.
Goods and IC 011. US 013 021 023 031 034. G & S: Ceiling lights; Chandeliers; Diving lights; Electric lights for Christmas
Services trees; Fairy lights for festive decoration; Flashlights; Fluorescent lamp tubes; Fluorescent lighting tubes; Lamp
reflectors; Lamp shades; Lamps; LED light strips for decorative purposes; Light diffusers; Lighting apparatus,
namely, lighting installations; Luminous house numbers; Luminous tubes for lighting; Safety lamps for underground
use; Searchlights; Street lamps; Electric Chinese lanterns; Electric torches for lighting; LED (light emitting diode)
lighting fixtures; LED safety lamps. FIRST USE: 20170701. FIRST USE IN COMMERCE: 20170701
Standard
Characters
Claimed
Mark
Drawing (4) STANDARD CHARACTER MARK
Code
Serial
87552449
Number
Filing Date August 2, 2017
Current
1A
Basis
Original
1A
Filing Basis
Published
for February 6, 2018
Opposition
Registration
5451305
Number
Registration
April 24, 2018
Date
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:mx50hj.2.2 1/2
6/14/2018 Trademark 1-6
Filed System (TESS)
06/15/18 Page 3 of 5 PageID #: 44
Owner (REGISTRANT) shen zhen shi zhi guang dian zi you xian gong si limited company (ltd.) CHINA long gang qu bu ji
jie dao kang da er hu die bao 1 dong B zuo 2701 shi Shen zhen shi CHINA 518000
Type of
TRADEMARK
Mark
Register PRINCIPAL
Live/Dead
LIVE
Indicator
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6/14/2018 Trademark 1-6
Filed System (TESS)
06/15/18 Page 4 of 5 PageID #: 45
United States Patent and Trademark Office
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Word Mark UXOZ

Translations The wording Uxoz has no meaning in a foreign language.
Goods and IC 011. US 013 021 023 031 034. G & S: Aquarium filtration apparatus; Bath installations; Bed warmers; Clean
Services room installations; Electric air deodorizing apparatus; Fitted liners for baths and showers; Flush handles for toilets;
Flush levers; Hot water bottles; Pipes being parts of sanitary facilities; Sanitary installations in the nature of steam
rooms; Showers; Sinks; Water filtering apparatus; Water purification installations; Automatic flush valves for toilets;
Earthenware basins being parts of sanitary installations; Electric hand drying apparatus for washrooms; Electric
footwarmers in the nature of footmuffs; Flexible pipes being parts of bath plumbing installations; Ornamental
fountains; Plumbing fittings, namely, sink strainers; Pressure regulators for sanitary installations; Strainers for
plumbing drains; Wash-hands basins being parts of sanitary installations. FIRST USE: 20180301. FIRST USE IN
COMMERCE: 20180301
Standard
Characters
Claimed
Mark
Drawing (4) STANDARD CHARACTER MARK
Code
Serial
87948308
Number
Filing Date June 5, 2018
Current
1A
Basis
Original
1A
Filing Basis
Owner (APPLICANT) shen zhen shi zhi guang dian zi you xian gong si limited company (ltd.) CHINA long gang qu bu ji jie
dao kang da er hu die bao 1 dong B zuo 2701 shi Shen zhen shi CHINA 518000
Type of
TRADEMARK
Mark
6/14/2018 Trademark 1-6
Filed System (TESS)
06/15/18 Page 5 of 5 PageID #: 46
Register PRINCIPAL
Live/Dead
LIVE
Indicator
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Exhibit E
6/14/2018 Amazon.com: Uxoz Drain Hair Catcher, Stainless SteelDocument
Case 2:18-cv-03511-ADS-AYS Body to Prevent1-7
Rust and Mold,06/15/18
Filed Durable Use, Wide
Page Compatible
2 of 5Match Different
PageID #:Drain
48 Sizes: Home & Kitchen
Home & Kitchen
Deliver to Grimes EN Hello, Brenda 1

Bonita Sp... 34134 Departments Browsing History Account & Lists Orders Prime Cart
Amazon Home Shop by Room Shop by Look Home Décor Furniture Kitchen & Dining Bed & Bath Garden & Outdoor Home Improvement
Home & Kitchen › Bath › Bathroom Accessories › Bathtub Accessories › Drain Catches
Uxoz Share
Uxoz Drain Hair Catcher,
Stainless Steel Body to Qty: 1
Prevent Rust and Mold,

Durable Use, Wide Add to Cart
Compatible Match
Different Drain Sizes Turn on 1-Click ordering for this browser
65 customer reviews
| 11 answered questions Deliver to Grimes -
Bonita Springs 34134
Price: $16.99
Your cost could be $6.99. Eligible Add to List
customers get a $10 bonus when
reloading $100. Add to your Dash Buttons
In Stock.
Want it tomorrow, June 15? Order within
Other Sellers on Amazon
28 mins and choose One-Day Shipping at
checkout. Details Used & new (2) from $13.59
Sold by Uxoz Direct and Fulfilled by
Amazon. Gift-wrap available.
Have one to sell? Sell on Amazon
https://www.amazon.com/Uxoz-Catcher-Stainless-Compatible-Bathroom/dp/B07BDCQSV9 1/20
6/14/2018 Amazon.com: Uxoz Drain Hair Catcher, Stainless SteelDocument
Case 2:18-cv-03511-ADS-AYS Body to Prevent1-7
Rust and Mold,06/15/18
Filed Durable Use, Wide
Page Compatible
3 of 5Match Different
PageID #:Drain
49 Sizes: Home & Kitchen
[Function]: Patent solution to protect
the drain from hair and other debris
not to be clogged.
[Material]: Made of stainless steel
Roll over image to zoom in rather than silicone to prevent
disgusting mildew. Its thin-wall Protect your
construction leaves more space for tub drains
water flow, without clogging or from clogging
slowdown.
2 Pack TubShroom Revolutionary Tub
[Wide Compatibility]: Four sizes of Drain Protector Hair Catcher
rubber rings match most bathroom 13,701
sinks & bathtub drains. Support the $24.99
drain size from 1.35” to 1.75”. It’s not
suitable for shower stall drain and Ad feedback
kitchen drain. Picture # 2 shows the
dimensions. PLEASE CHECK YOUR TUB
DRAIN SIZE BEFORE PURCHASE.
[Easy to Use]: Easy to clean. Shining
look with elegance, stable & vertical
standing with tripod leg, gathers and
catches hair invisible under drain, no
need to clean every time.
[Durable & Economic]: Uxoz hair
catcher has a long lifetime because of
its stainless steel material, just replace
the rubber ring if needed, and avoid the
trouble of changing flimsy plastic
strainer frequently.
Compare with similar items
Used & new (2) from $13.59
Report incorrect product information.
https://www.amazon.com/Uxoz-Catcher-Stainless-Compatible-Bathroom/dp/B07BDCQSV9 2/20
6/14/2018 Amazon.com: Uxoz Rubber
Case 2:18-cv-03511-ADS-AYS Sealing Rings
Document 1-7 forFiled
Drain Hair Catcher Pack
06/15/18 of 3(2 #):
Page 4 Home & Kitchen #: 50
of 5 PageID
Home & Kitchen
Deliver to Grimes EN Hello, Brenda 1

Bonita Sp... 34134 Departments Browsing History Account & Lists Orders Prime Cart
Amazon Home Shop by Room Shop by Look Home Décor Furniture Kitchen & Dining Bed & Bath Garden & Outdoor Home Improvement
Home & Kitchen › Bath › Bathroom Accessories › Bathtub Accessories › Drain Catches
Uxoz Share
Uxoz Rubber Sealing
Rings for Drain Hair Qty: 1
Catcher Pack of 3(2 #)

Be the first to review this item
Add to Cart
Price: $6.99
Turn on 1-Click ordering for this browser
Your cost could be $0.00. Eligible
customers get a $10 bonus when
reloading $100. Deliver to Grimes -
Bonita Springs 34134
In Stock.
Want it Saturday, June 16? Order within
13 hrs 42 mins and choose Two-Day Add to List
Shipping at checkout. Details
Sold by Uxoz Direct and Fulfilled by Add to your Dash Buttons
Amazon. Gift-wrap available.
Size: 2 #
Have one to sell? Sell on Amazon
https://www.amazon.com/Uxoz-Rubber-Sealing-Rings-Catcher/dp/B07BDKDGFD/ 1/9
6/14/2018 Amazon.com: Uxoz Rubber
Case 2:18-cv-03511-ADS-AYS Sealing Rings
Document 1-7 forFiled
Drain Hair Catcher Pack
06/15/18 of 3(2 #):
Page 5 Home & Kitchen #: 51
of 5 PageID
1# 2# 3#
$6.99 $6.99 $6.99
Click image to open expanded view 4#

Protect your
$6.99
tub drains
from clogging
Material: Rubber 2 Pack TubShroom Revolutionary Tub
Drain Protector Hair Catcher
#1 Ring: 1.46 IN (Diameter)
13,701
$24.99
Ad feedback
Compare with similar items
New (1) from $6.99
Report incorrect product information.
TUBSHROOM
Say good bye to

clogged drains
› Shop now
TubShroom The Revolutionary
Ad feedback
Sponsored products related to this item (What's this?)
https://www.amazon.com/Uxoz-Rubber-Sealing-Rings-Catcher/dp/B07BDKDGFD/ 2/9
Exhibit F
www.gandb.com
3501 Bonita Bay Blvd. Tel.: (239) 330-9000
Bonita Springs, Florida 34134 Fax: (239) 301-2215
FOR SETTLEMENT PURPOSES ONLY
April 23, 2018

(Via E-Mail & Amazon.com Message System)
Uxoz
c/o Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
Re: Juka Innovations Corporation’s Intellectual Property Rights & Formal

Notice of Provisional Rights Under 35 U.S.C. § 154(d)
Dear Sir or Madame:
Our firm represents Juka Innovations Corporation (“Juka”) – makers of the renowned
TUBSHROOM®, SINKSHROOM®, SHOWERSHROOM® and STOPSHROOM® family of
products (collectively the “MUSHROOM” products).
Juka recently learned that Uxoz has been selling various tub and sink strainers through
Amazon.com (the “Uxoz Strainers). The purpose of this letter is to:
(i) put you on notice of our client’s prior and superior intellectual property rights in
the Juka Ornamental Rights (as defined below);
(ii) demand that you cease infringing the Juka Ornamental Rights (as defined below);
(iii) put you on notice of our client’s provisional rights under 35 U.S.C. § 154(d); and
(iv) propose an amicable settlement between you and Juka.
A. The Uxoz Strainers
According to our research, the Uxoz Strainers are currently marketed, offered for sale
and/or sold under the following Amazon.com product listing:
https://www.amazon.com/Uxoz-Catcher-Stainless-Compatible-
Bathroom/dp/B07BDCQSV9
Uxoz
April 23, 2018
Page 2 of 9
Replacement rubber sealing rings are also marketed, offered for sale and/or sold under the
following Amazon.com product listing:
https://www.amazon.com/Uxoz-Rubber-Sealing-Rings-
Catcher/dp/B07BDKDGFD/.
(collectively, the “Uxoz Listings”). Printouts of these various listings are attached hereto as
Exhibit A.
Example photographs of the Uxoz Strainers may be found in Figures 1 and 2 below (which
photographs were copied from the Uxoz Listings):
Figure 1 Figure 2
B. Juka’s Intellectual Property Rights
As noted above, Juka manufactures and sells the popular TUBSHROOM®,

SINKSHROOM®, SHOWERSHROOM® and STOPSHROOM® family of tub, sink and shower
strainers. Example photographs of such products (specifically, TUBSHROOM® brand products)
are shown in Figures 3 and 4 below:
Figure 3
Uxoz
April 23, 2018
Page 3 of 9
Figure 4
Juka has taken numerous steps to protect the intellectual property embodied in its
MUSHROOM products. Broadly speaking, such rights include:
(i) Juka’s rights in the ornamentation of the MUSHROOM products; and
(ii) Juka’s potential rights in certain utilitarian features present in the MUSHROOM
products.
These broad categories are discussed below.
1. Juka’s Ornamental Rights
Juka owns various rights in the ornamentation of the MUSHROOM products, including:
(i) exclusive rights in the visual material (collectively the “Visual Material”) claimed
in the following United States Copyright Registrations: Reg. No. VAu001283876
entitled “TubShroom Collateral 2016;” Reg. No. VAu001263568 entitled
“TubShroom;” and Reg. No. VAu001283873 entitled “SinkShroom Collateral
2016” (collectively, the “Juka Copyrights” – copies of such Copyright
Registrations are attached hereto as Exhibit B);1
(ii) various Federally registered trademark rights relating to its “MUSHROOM” Brand,
1
Given the voluminous nature of the deposits for the Juka Copyrights, full copies thereof are not
attached to this letter. That being said: (i) the photographs shown in Figures 3 and 4 are taken from
the deposit from U.S. Copyright Reg. No. VAu001263568 as an example; and (ii) the deposits are
publicly available, upon request, through the Copyright Office.
Uxoz
April 23, 2018
Page 4 of 9
namely:
a. Reg. No. 4972762 for “TUBSHROOM” in Class 11 covering “Strainers for

plumbing drains;”
b. Reg. No. 5179859 for “SINKSHROOM” in Class 11 covering “Strainers

for plumbing drains; Plumbing fittings, namely, sink strainers; Plumbing
supplies, namely, sink strainers;”
c. Reg. No. 5179860 for “SHOWERSHROOM” in Class 11 covering

“Strainers for plumbing drains; Plumbing fittings, namely, sink strainers;
Plumbing supplies, namely, sink strainers;” and
d. Reg. No. 5313609 for “STOPSHROOM” in Class 21 covering “Drain plugs

for plumbing drains; water stoppers for plumbing drains”;
copies of these four (4) U.S. Trademark Registrations are attached hereto as
Exhibit C;
(iii) Various common law trademark rights, namely, Juka’s various trade dress designs
and the following composite trademarks:
(collectively, Juka’s Federally registered trademark rights and common law trademark rights are
referred to herein as the “Juka Trademarks”);
and
(iv) various United States design patents relating to its products. Relevant in this
instance, Juka owns all right, title, and interest in, and has the right to sue and
recover for past, present, and future infringement of, the ornamental design claimed
in United States Design Patent No. D785,767 entitled “Tub Drain Hair Collector”
(hereinafter the “Juka Patent”). A copy of U.S. Pat. No. D785,767 is attached hereto
as Exhibit D.
Collectively, such rights are referred to herein as the “Juka Ornamental Rights.” The Juka
Ornamental Rights can be articulated as including the nine features listed in Table 1 below. For
ready reference, Table 1 also includes a side-by-side comparison between the Juka Ornamental
Rights and mushroom biology – showing the “biomimicry” embodied in Juka’s products.
Uxoz
January 8, 2018
Page 5 of 9
Table 1 – Articulation of Juka Ornamental Rights
Juka Ornamental Features

Juka Ornamental Features Mushroom Biology
(Mushroom Comparison)
(i) an overall “mushroom shape” design;
(ii) a rounded “mushroom cap” shaped top

portion;
(iii) a plurality of rounded holes in the

“mushroom cap” evocative of the
“scales” (aka “spots”) common to many
mushrooms;
(iv) a cylindrical “mushroom stalk”;
(v) an internal, cylindrical hollow in the

stalk;
(vi) a plurality of rounded holes in the

“mushroom stalk” similarly evocative of
“scales”;
(vii) a rounded base area evocative of a

“mushroom ring” / “mushroom volva”;
(viii) a plurality of rounded holes in the base

area evocative of “mushroom scales”;
and
(ix) a plurality of end-protrusions

evocative of mycelium.
Uxoz
January 8, 2018
Page 6 of 9
2. Uxoz’s Infringement of Juka’s Ornamental Rights
As illustrated by the side-by-side comparison below, the Uxoz Strainers contain numerous
ornamental elements which are covered by the Juka Ornamental Rights, namely:
 Ornamental Feature (i) – an overall “mushroom shape” design.
 Ornamental Feature (ii) – a rounded “mushroom cap” shaped top portion.
 Ornamental Feature (iii) – a plurality of rounded holes in the “mushroom cap”

evocative of the “scales” (aka “spots”) common to many mushrooms.
 Ornamental Feature (iv) – a cylindrical “mushroom stalk.”
 Ornamental Feature (v) – an internal, cylindrical hollow in the stalk.
 Ornamental Feature (vii) – a rounded base area evocative of a “mushroom ring” /

“mushroom volva.”
Figure 5 Figure 6
Indeed, the only differences between the Juka Ornamental rights and the Uxoz Strainers
are relatively minor in light of the overall design, namely:
 Ornamental Feature (vi) – instead of having a plurality of rounded holes in the

“mushroom stalk” evocative of “scales,” the Uxoz Strainers having a plurality of
hexagonal holes in the “mushroom stalk” evocative of “scales” – a trivial alteration.
 Ornamental Feature (viii) – the Uxoz Strainers do not have a plurality of rounded
holes in the base area.
 Ornamental Feature (ix) – the Uxoz Strainers do not have a plurality of end-
protrusions – instead having a single, uniform end protrusion.
Uxoz
April 23, 2018
Page 7 of 9
Based on the large number of ornamental elements present in the Uxoz Strainers which are
covered by the Juka Ornamental Rights, and the predominant visual impact of such elements, Juka
believes that the Uxoz Strainers are violative of Juka’s Ornamental Rights.
Accordingly, Juka believes that the Uxoz Strainers infringe upon the Juka Copyrights, Juka
Trademarks and Juka Patent, and Juka hereby demands that you immediately:
(i) cease and desist any and all sales of the Uxoz Strainers;
(ii) remove all offers to sell the Uxoz Strainers from any websites and/or retailers
through which Uxoz Strainers is are being sold and/or offered for sale;
3. Juka’s Provisional Rights
Juka owns, inter alia, U.S. utility patent App. No. 14/990,476 filed on January 7, 2016 (the
“ ‘476 Application”). The ‘476 Application has already been published as U.S. Patent Application
Publication No. US 2017/0073949. A copy of this publication is attached hereto as Exhibit E.
As you will note from Exhibit E, Claim 1 of the ‘476 Application as-published reads:
1. A hair straining device comprising:
a central element with a hollow core surrounded by a sidewall, the sidewall

including at least one opening formed therein; and
a bottom seal element connected to a bottom end of the central element and
extending radially outward, the bottom seal element including at least one bottom
drain opening formed therein;
the at least one opening and the at least one bottom opening sized and positioned to
substantially prevent hair from flowing therethrough.
Thus far in prosecution, Claim 1 has been amended, but we believe that such claim remains
“substantially identical.” Evaluating the Uxoz Strainer in light of Claim 1, the Uxoz Strainer:
(i) is a “hair straining device”;
(ii) has a central element with a hollow core having at least one opening therein;
(iii) has a bottom seal element connected to the central element and extending radially
outward with at least one bottom drain opening; and
(iv) the various openings in the Uxoz Strainer are sized and positioned to prevent hair
from flowing therethrough.
Uxoz
April 23, 2018
Page 8 of 9
Thus, it is clear that the Uxoz Strainer will literally infringe each element of Claim 1 of the
‘476 Application if it issues as a patent. Accordingly, this letter constitutes “actual notice” of Juka
Innovations’ Provisional Rights under 35 U.S.C. § 154(d) which provides, in relevant part, that:
“In addition to other rights provided by this section, a patent shall include the right
to obtain a reasonable royalty from any person who, during the period beginning
on the date of publication of the application for such patent under section 122(b)…
and ending on the date the patent is issued…makes, uses, offers for sale, or sells in
the United States the invention as claimed in the published patent application or
imports such an invention into the United States…and had actual notice of the
published patent application ….”
Bottom line: when the ‘476 Application issues, Juka will rely upon such patent to:
(i) demand that you cease and desist all importing, manufacturing, selling or offering
to sell the Enalife Strainers in the United States; and
(ii) recover a reasonable royalty for all sales between when you had actual notice of the
‘476 Application (i.e., no later than today, January 8, 2018) and the date of such
issuance.
4. Juka’s Successful Past Enforcement of its Intellectual Property Rights
As evidence of both the validity of Juka’s intellectual property rights and its commitment
to enforcing such rights, we note that Juka has a long history of vigorously and successfully
pursuing third party infringers. For example, Juka has successfully pursued over one thousand
(1000) takedown notices / cease and desist letters against numerous sellers (including those selling
through Amazon and eBay resellers). Most notably, our client has been successful in stopping third
party infringement by Ontel Products Corporation, Creative Concepts Manufacturing Limited and
Groupon, Inc. Example photographs of various infringing products in connection with which our
client has successfully enforced its rights are attached hereto as Exhibit F.
Our client’s successful past intellectual property rights enforcement against Ontel Products
– one of the largest “As Seen on TV” companies – is particularly illustrative. As shown on the first
page of Exhibit F, Ontel Products began marketing an infringing product called the “Drain Patrol.”
Through Juka’s enforcement efforts, Ontel Products ceased such commercialization.2 The fact that
such a prominent company recognized both Juka’s rights and the futility (and anticipated wasted
expense) of fighting against such rights speaks volumes.
In sum, our client has successfully enforced its intellectual property rights against all
infringers, whether major companies or individual infringers. The simple fact is that this product
line is of existential importance to our client, and our client’s resolve to do whatever is necessary
2
Indeed, the www.buydrainpatrol.com website now redirects to a “Campaign Offline” page at
http://www.buydrainpatrol.com/shared/campaign_offline.html.
Uxoz
April 23, 2018
Page 9 of 9
to protect its underlying intellectual property rights should not be questioned.
C. Proposed Settlement Agreement
Juka believes that it is in everyone’s best interest to resolve this matter by expeditiously
reaching an amicable settlement. More specifically, Juka proposes that:
(i) you phase out sales of existing inventory over two (2) months;
(ii) you agree not to manufacture similar sink, tub and shower strainers in the future;
(iii) you provide a one-time, cash payment of fifteen thousand dollars ($15,000) to Juka;
and
(iv) in exchange for steps (i) through (iii) above, Juka will enter into a settlement
agreement releasing you from any and all liability – including damages in
connection with your past copyright, trademark and patent infringement, and
waiving any monies payable under the “reasonable royalty” provision of 35 U.S.C.
§ 154(d) in the event that the ‘476 application issues.
Unless you and Juka reach an amicable business resolution, Juka will have no choice but
to seek civil remedies to the fullest extent allowed by law.
We expect to receive your response to this letter by April 30, 2018. This letter is for
settlement purposes only and is without prejudice to the rights of Juka Innovations, all of which
are expressly reserved.
Very truly yours,

Charles W. Grimes
Charles W. Grimes
CWG/llh
Enc.: Exhibits A-F
Cc: Amazon.com, Inc. – Legal Department

Exhibit G
www.gandb.com
3501 Bonita Bay Blvd. Tel.: (239) 330-9000
Bonita Springs, Florida 34134 Fax: (239) 301-2215
FOR SETTLEMENT PURPOSES ONLY
May 10, 2018

(Via Federal Express & E-Mail)
Copyright Agent
Amazon.com Legal Department
410 Terry Avenue North
Seattle, WA 98109-5210
Re: Juka Innovations Corporation’s Intellectual Property Rights & Formal Notice
of Provisional Rights Under 35 U.S.C. § 154(d)
Dear Sir or Madame:
Our firm represents Juka Innovations Corporation (“Juka”). We are writing to ask that you
reconsider your erroneous decision not to remove certain products from the Amazon.com website.
On April 23, 2018, our firm sent a letter to an Amazon.com vendor called “Uxoz Direct”
care of your office. Our April 23rd letter concerned certain tub and sink strainers (and replacement
parts therefore) being sold through Amazon.com by Uxoz Direct (collectively, the “Uxoz
Strainers”). A copy of our April 23, 2018 letter is attached hereto as Exhibit A. The Uxoz Strainers
are currently being sold under ASINs B07BDCQSV9 and B07BDKDGFD.
In our April 23rd letter, we raised several issues including Juka’s:
(i) copyright rights;

(ii) trademark and trade dress rights;
(iii) design patent rights; and
(iv) “provisional rights” (in the event that Juka’s utility patent application (Serial No.
14/990,476) issues).
We never received a response from Uxoz Direct to our April 23rd letter.
Nn May 3, 2018, we received a response from you via e-mail – a copy of which is attached
hereto as Exhibit B. In this response, you refused to take down the Uxoz Strainers since you:
“…determined that the products [Juka] reported are not substantially similar to
Amazon.com Copyright Agent
May 10, 2018
Page 2 of 2
[Juka’s] patented design.”
First, your May 3rd response only addresses Juka’s design patent, but fails to address the
other intellectual property issues raised in our April 23rd letter, namely, Juka’s copyright rights,
trademark and trade dress rights or potential “provisional rights.”
Second, your May 3rd response is incorrect in its analysis regarding Juka’s design patent
rights. As explained in our April 23rd letter, the Uxoz Strainers contain numerous ornamental
elements protected by, inter alia, Juka’s design patent (i.e., U.S. Pat. No. D785,767), such that an
ordinary observer would feel that the two designs are substantially the same. See generally,
Egyptian Goddess, Inc. v. Swisa, Inc., 543 F. 3D 665 (Fed. Cir. 2008).
Accordingly, we hereby call upon you to reconsider your erroneous decision not to remove
the Uxoz Strainers from the Amazon.com website. We expect to receive your response to this letter
by May 17, 2018. This letter is for settlement purposes only and is without prejudice to the rights
of Juka Innovations, all of which are expressly reserved.
Very truly yours,

Charles W. Grimes
Charles W. Grimes
CWG/llh
Enc.: Exhibits A and B
cc: Uxoz Direct

Juka Innovations v. Uxoz Direct - Complaint

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Case 2:18-cv-03511-ADS-AYS Document 1 Filed 06/15/18 Page 1 of 18 PageID #: 1

UNITED STATES DISTRICT COURT

COMPLAINT FOR COPYRIGHT INFRINGEMENT

(iii) John Does # 1-10; (collectively, “Defendants”) alleges as follows:

1. This is an action for:

States, 17 U.S.C. § 101 et seq.;

U.S.C. § 101 et seq.

VAu001283876 entitled “TubShroom Collateral 2016;” Reg. No. VAu001263568 entitled

3. An example of the Visual Material is shown in the photographs below (which

6. Defendants violated Juka’s exclusive rights in the Visual Material, in violation of

without Juka’s permission.

7. Defendants engaged in unfair competition in violation of Section 43(a) of the

offered for sale and/or sold in the United States.

– of Defendant Uxoz Direct as well as the relevant contact information.

zuo 2701 shi Shen zhen shi CHINA 518000.”

15. On information and belief, John Does #1 – 10 are residents of China.

JURISDICTION AND VENUE

1121 and 28 U.S.C. §§ 1331 and 1338.

Copyrights and Juka Patent in the State of New York.

Copyrights and Juka Patent in the State of New York.

corporations which are subject to this Court’s personal jurisdiction.

Defendants John Does #1—10).

I. Juka’s Intellectual Property Rights

copyright registrations duly and legally issued to Juka, namely:

(a) January 3, 2017 with respect to Copyright Reg. No.

(b) August 23, 2016 with respect to Copyright Reg. No.

(c) January 3, 2017 with respect to Copyright Reg. No.

II. Articulation of Juka’s Ornamental Rights

broadly thought of as protecting the ornamentation of Juka’s products.

Juka’s Ornamental Rights, including:

(i) an overall “mushroom shape” design;

(ii) a rounded “mushroom cap” shaped top portion;

(iii) a plurality of rounded holes in the “mushroom cap” evocative of the

(iv) a cylindrical “mushroom stalk”;

(v) an internal, cylindrical hollow in the stalk;

(vi) a plurality of rounded holes in the “mushroom stalk” evocative of the

(vii) a rounded base area evocative of a “mushroom ring” / “mushroom volva”;

(ix) a plurality of end-protrusions evocative of mycelium.

III. Defendants’ Infringing Activities

28. On information and belief, Defendant Uxoz is a Chinese company primarily

Defendant Uxoz’ Facebook page (indicating Shenzhen as the organization’s location).

Investigation remains ongoing.

Direct” storefront on the www.amazon.com website.

the following Amazon.com product listing: https://www.amazon.com/Uxoz-Catcher-Stainless-

Compatible-Bathroom/dp/B07BDCQSV9. Similarly, replacement rubber sealing rings are also

photographs appeared in the Uxoz Listings):

copy of which is attached hereto as Exhibit F); and

Uxoz) requesting that the Uxoz Listings be removed (a copy of which is

attached hereto as Exhibit G).

34. As illustrated by the side-by-side comparison below, the Infringing Strainers

(a) Ornamental Feature (i) – an overall “mushroom shape” design;

(c) Ornamental Feature (iii) – a plurality of rounded holes in the “mushroom

cap” evocative of the “scales” (aka “spots”) common to many mushrooms;

(d) Ornamental Feature (iv) – a cylindrical “mushroom stalk”;

(f) Ornamental Feature (vii) – a rounded base area evocative of a “mushroom

ring” / “mushroom volva.”

Strainers are relatively minor in light of the overall design, namely:

(a) Ornamental Feature (vi) – instead of having a plurality of rounded holes in

the “mushroom stalk” evocative of “scales,” the Infringing Strainers having

a plurality of hexagonal holes in the “mushroom stalk” evocative of “scales”

of rounded holes in the base area; and

end-protrusions – instead having a single, uniform end protrusion.

and (ii) imported into the United States; by Defendants.

from the Uxoz Listings.