Pretty Star Store v. Chen - Amended Complaint

Case 2:18-cv-05187-JAK-AGR Document 15 Filed 06/27/18 Page 1 of 29 Page ID #:164
Tommy SF Wang (SBN: 272409)

1
Leontyne Fan (SBN: 285042)
2 Chieh An Chen (SBN:306296)
WANG IP LAW GROUP, P.C.
3
18645 E. Gale Ave., Suite 205
4 City of Industry, CA 91748
Telephone: (888) 827-8880
5 Facsimile: (888) 827-8880
6 Email: twang@thewangiplaw.com, lfan@thewangiplaw.com
7 Attorneys for Plaintiff Pretty Star Store, LLC

8
UNITED STATES DISTRICT
9 CENTRAL DISTRICT OF CALIFORNIA
10 PRETTY STAR STORE, LLC, a Case No.: LA CV18-05187 JAK
11 California limited liability company (AGRx)
12 Plaintiff, PLAINTIFF’S FIRST AMENDED

13
COMPLAINT FOR DAMAGES
vs. AND PERMANENT INJUNCTION
14 FOR:
YUANMIN CHEN, an individual, 1. DESIGN PATENT
15 OBERON DISTRIBUTION, INC., a INFRINGEMENT;
California Corporation and DOES 1 TO 2. FALSE ADVERTISING;
16
10, 3. CALIFORNIA COMMON LAW
17 UNFAIR COMPETITION;
Defendants.
18 4. UNFAIR COMPETITION (Cal.
Bus. & Prof. Code § 17200);
19 5. INTENTIONAL
20 INTERFERENCE WITH
PROSPECTIVE ECONOMIC
21 RELATIONS;
6. UNJUST ENRICHMENT; AND
22
7. DEMAND FOR ACCOUNTING
23
[Unlimited]
24
JURY TRIAL DEMANDED
25 FIRST AMENDED COMPLAINT
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1 PLAINTIFF PRETTY STAR STORE, LLC d.b.a DecoBros (hereinafter

2 “Plaintiff” or “DecoBros”) hereby files this Complaint against Defendants
3 YUANMIN CHEN, an individual, OBERON DISTRIBUTION, INC., a California
4 corporation, and DOES 1 to 10 (collectively, “Defendants”), and alleges as follows:
5 INTRODUCTION
6 1. This action concerns Defendants’ willful and blatant infringement of
7 Plaintiff’s protectable rights in and to the design patent of DecoBros Stackable
8 Under Sink Cabinet Sliding Basket Organizer Drawer (“DecoBros Stackable
9 Drawer”) and DecoBros Metal Mesh Rolling Cart, Silver (“DecoBros Rolling
10 Cart”). Plaintiff seeks damages, attorneys’ fees, costs, pre-judgment and post-
11 judgment interest, and preliminary and permanent injunctive relief.
12 JURISDICTION AND VENUE
13 2. This action arises under 35 U.S.C. §§ 271, 281, 283, 284 and 285.
14 This Court has jurisdiction over the subject matter of this action pursuant to 28
15 U.S.C. § 1331 and 1332, and 28 U.S.C. § 1338. This Court has supplemental
16 jurisdiction over California state law and common law claims pursuant to 28 U.S.C.
17 § 1367(a).
18 3. This Court has personal jurisdiction over Defendants, as Defendants
19 have engaged in acts of patent infringement in the United States and in the Central
20 District of California. Specifically, Defendants have purposely and intentionally
21 subjected itself to the privileges of doing business in the State of California by
22 placing its goods in the stream of commerce with the intent that they would be sold
23 in California. Defendants have offered for sale and sold products in the State of
24 California, which infringe upon certain design patents owned by DecoBros.
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1 4. Supplemental jurisdiction exists over Defendants because on

2 information and belief, Defendants conduct business in California and in this
3 judicial district, has purposefully availed itself to California in this judicial district,
4 or has otherwise availed itself of the privileges and protections of the law of the
5 State of California such that this Court’s assertion of jurisdiction over Defendants
6 does not offend traditional notions of fair play and justice.
7 5. Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b)
8 and 1400(b), as Defendants have committed acts of infringement in this judicial
9 district.
10 THE PARTIES
11 6. Plaintiff PRETTY STAR STORE, LLC, d.b.a. DecoBros, is, and at all
12 relevant times herein, was a limited liability company with its principal place of
13 business in 19745 Colima Road, #1-52, Rowland Heights, California, 91748.
14 7. Plaintiff is informed and believes, and based thereon alleges, that
15 Defendant CHEN is, and at all relevant time was, an individual who resides in
16 City of Industry, California.
18 Defendant OBERON DISTRIBUTION, INC. (“OBERON”) is, and at all relevant
19 times was, a California corporation with its principal place of business at 138
20 South Brent Circle, City of Industry, CA 91789.
22 Defendant CHEN is the Chief Executive Officer and Agent of Defendant
23 OBERON.
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1 10. Upon information and belief, Defendants are marketing, advertising,

2 promoting, importing, offering for sale, and/or selling the organization products as
3 described in further detail below.
4 11. Plaintiff does not know the true names, identities and capacities of
5 Defendants sued herein as DOES 1 to 10, and therefore sues these Defendants by
6 such fictitious names. At such time as Plaintiff learns the true names, identities,
7 and capacities of Defendants DOES 1 to 10, Plaintiff will amend this Complaint to
8 reflect such names and capacities. Plaintiff is informed and believes, and thereon
9 alleges that Defendants DOES 1 to 10, are responsible in some manner for the
10 actions alleged herein and the damages caused to Plaintiff.
11 THE PATENT IN SUIT
12 12. On or about July 23, 2014, Tsung-Yu Tsai filed an application for a
13 design patent on “Stackable Cabinet Basket Drawer.” On or about February 3,
14 2015, the United States Patent and Trademark Office (“USPTO”) duly granted U.S.
15 Patent No. D721,904 S (“the ‘904 Patent”) to Mr. Tsai. A copy of the ‘904 Patent
16 is attached as Exhibit 1 to this Complaint.
17 13. On or about October 7, 2014 the ‘904 Patent was assigned to Plaintiff.
18 A copy of the Assignment of the ‘904 Patent is attached as Exhibit 2.
19 14. On or about July 28, 2014, Plaintiff filed an application for a design
20 patent on “Portion of a Rolling Cart.” On or about July 21, 2015, the United States
21 Patent and Trademark Office (“USPTO”) duly granted U.S. Patent No. D734,914 S
22 (“the ‘914 Patent”) to Plaintiff. A copy of the ‘914 Patent is attached as Exhibit 3
23 to this Complaint.
24 15. The ‘904 Patent and ‘914 Patent are referred to as “Asserted Patent”.
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1 FACTUAL BACKGROUND
2 16. Plaintiff produces organizational products (houseware) for consumers
3 to simply and easily manage and organize their home and office.
4 17. Plaintiff is an owner of the Asserted Patent and has all rights
5 thereunder, including the right and standing to enforce the Asserted Patent.
6 18. Plaintiff is fiercely protective of the superior quality and practicability,
7 as well as the user-oriented design that its product has come to represent, closely
8 monitoring the manufacturing and marketing of its products.
9 PLAINTIFF’S “DECOBROS STACKABLE UNDER SINK CABINET
10 SLIDING BASKET ORGANIZER DRAWER”
11 19. Plaintiff sells its product based on the Asserted Patent as “DecoBros
12 Stackable Under Sink Cabinet Sliding Basket Organizer Drawer” on Amazon.com,
13 the online shopping platform.
14 20. DecoBros Stackable Drawer became an instant success and has more
15 than 2,700 customer reviews and has earned a four and a half stars rating from
16 customers. A printout showing the sale of DecoBros Stackable Drawer is attached
17 as Exhibit 4 to this Complaint.
18 21. Plaintiff’s DecoBros Stackable Drawer is designed distinctively with
19 the following features: 1) stackable sliding baskets provide easy access; 2) fits well
20 into cabinets to increase organizational capabilities; 3) features elegant Chrome or
21 Bronze finish; and 4) dimensions that are 10.2 inches high by 10.8 inches wide by
22 6.7 inches long.
23 22. The above-described characteristics and design together constitute
24 Plaintiff’s ‘904 Patent, in which Plaintiff owns protectable rights.
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1 23. On or around September of 2017, Plaintiff discovered that Defendants

2 were manufacturing and selling a low quality version of the DecoBros Stackable
3 Drawer branded as “NEX Under Sink Cabinet Sliding Basket Organizer Kitchen
4 Storage Drawers Bathroom Holder, Plating” (“NEX 1-Tier Basket”) and “NEX 2-
5 Tier Sliding Basket Organizer Drawer Under Sink Cabinet Kitchen Storage
6 Drawers Bathroom Organizer, Plating” (“NEX 2-Tier Basket”) (collectively,
7 “Infringing Products”) on the Internet that infringed upon Plaintiff’s ‘904 Patent.
8 The design of the Infringing Products is substantially the same as the design that is
9 the subject matter of the ‘904 Design Patent. See Exhibit 5.
10 24. On or around June of 2018, Plaintiff discovered that Defendant
11 OBERON was selling the NEX 2-Tier Basket on its website,
12 www.oberondistribution.com. See Exhibit 5.
13 25. Defendants’ infringing product, NEX 1-Tier Basket, contains the
14 following characteristics: 1) 16.77 x 10.90 x 10.23 inches in dimension; 2) easy
15 assembly; 3) no tools needed; 4) Good-quality material; 5) removable sliding
16 basket and sturdy rack; and 6) metallic silver finish.
17 26. Defendants’ infringing product, NEX 2-Tier Basket, contains the
18 following characteristics: 1) 16.81 x 10.90 x 11.93 inches in dimension; 2) easy
19 assembly; 3) no tools needed; 4) Good-quality material; 5) two removable sliding
20 basket and sturdy rack; and 6) metallic silver finish.
21 27. Below is a comparison of the description of DecoBros Stackable
22 Drawer and the Infringing Products on Amazon.com and Defendants’ website
23 showing substantially similar characteristics:
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9 Plaintiff’s Listing
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16 Defendant’s Listings NEX 1-Tier Basket

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22 Defendants’ Listings NEX 1-Tier Basket on Amazon

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19 Defendants’ Listings NEX 2-Tier Basket on Website
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21 28. The simple comparison of the descriptions of each product shows that
22 Defendants only make slight changes in narrative and wording. But the essence of
23 the concept is the same. In addition, Defendants’ chosen product titles, “NEX
24 Under Sink Cabinet Sliding Basket Organizer Kitchen Storage Drawers Bathroom

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1 Holder, Plating” and “NEX 2-Tier Sliding Basket Organizer Drawer Under Sink
2 Cabinet Kitchen Storage Drawers Bathroom Organizer, Plating,” mirrors
3 Plaintiff’s product, entitled, “DecoBros Stackable Under Sink Cabinet Sliding
4 Basket Organizer Drawer” on Amazon.com and Defendants’ website. Defendants
5 thus have a clear intention to confuse customers by presenting the same title and
6 same description as Plaintiff’s product.
7 29. A further comparison of the graphics of Plaintiff’s ‘904 Patent and the
8 photograph of the Defendants’ Infringing Products also indicates approximately
9 same characteristics:
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21 U.S. Patent No. 721,904

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8 Defendants’ Listings
9 30. The simple comparison of the two graphics shows that Defendants do
10 not make any significant changes in the design of the infringing product. Both
11 products feature a metal top with one or two baskets. Each product’s purpose is to
12 act as additional under drawer storage compartments.
13 31. Further, Defendants’ manual accompanying the NEX 1-Tier Basket
14 exactly replicates Plaintiff’s manual for DecoBros Stackable Drawer (“Manual”).
15 See Exhibit 6. As demonstrated below, the only difference between the two
16 manuals is the company name and information:
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10 Defendant’s Manual
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12 32. Upon information and belief, Plaintiff alleges that Defendants’

13 product was, and still is, being manufactured, packaged and marketed using the
14 similar description and the same exact design and characteristic in product size and
15 color, as Plaintiff’s DecoBros Stackable Drawer. Defendants’ infringing product is
16 substantially identical to Plaintiff’s DecoBros Stackable Drawer. Additionally, the
17 listing of DecoBros Stackable Drawer and Defendants’ Infringing Products, on
18 Amazon.com are substantially the same:
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Plaintiff’s Listing
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Defendants’ Listings NEX 2-Tier Basket on Amazon
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2 33. Upon information and belief, Defendants are offering for sale, selling,
3 importing into the United States, or otherwise distributing the Infringing Products.
4 A printout of the Infringing Products that the Defendants continue to sell on
5 Amazon.com and on its website, www.oberondistribution.com is attached as
6 Exhibit 5.
7 PLAINTIFF’S “DECOBROS METAL MESH ROLLING CART, SILVER”
8 34. Plaintiff sells its product based on the Asserted Patent as “DecoBros
9 Metal Mesh Rolling Cart, Silver” on Amazon.com, the online shopping platform.
10 35. DecoBros Rolling Cart became an instant success and has more than
11 650 customer reviews and earned a four and a half stars customer rating. A
12 printout showing the sale of DecoBros Rolling Cart is attached to this Complaint as
13 Exhibit 7.
14 36. Plaintiff’s DecoBros Rolling Cart is designed distinctively with the
15 following features: 1) Easy rolling using four sturdy casters; 2) Multiple Purposes
16 as File Cart or Laundry Cart; and 3) dimensions of 26.1 inches high by 9.8 inches
17 wide by 18.5 inches deep.
18 37. The above-described characteristics and design together constitute the
19 Plaintiff’s ‘914 Patent, in which Plaintiff owns protectable rights.
20 38. On or around October of 2017, Plaintiff discovered that Defendants
21 were manufacturing and selling low-quality versions of the DecoBros Rolling Cart
22 branded as “NEX 3 Tier Mesh Utility Cart, Storage Rolling Cart, Kitchen Basket
23 Shelving Trolley” (“NEX Rolling Cart” or “Infringing Products”) on the internet
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1 that infringed upon Plaintiff’s ‘914 Patent. The design of the Infringing Products is
2 substantially the same as the design that is the subject matter of the ‘914 Patent.
3 39. Defendants’ Infringing Product, NEX Rolling Cart, contains the
4 following characteristics: 1) 16.53*9.72*25.47 inches in dimension; 2) easy
5 assembly; 3) no tools needed; 4) great for kitchen, laundry room, bathroom,
6 bedroom and pantry; 5) 3 baskets to keep materials orderly; and 6) 4 sturdy casters
7 for easy basket removal.
8 40. Below is a comparison of the Amazon.com description for DecoBros
9 Rolling Cart and the Infringing Products showing substantially similar
10 characteristics:
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Defendant’s Listing
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1 41. The simple comparison of the two descriptions for each product
2 shows that Defendants only make slight changes in narrative and wording. But the
3 essence of the concept is the same. In addition, Defendants’ chosen product titles,
4 “NEX 3 Tier Mesh Utility Cart, Storage Rolling Cart, Kitchen Basket Shelving
5 Trolley” mirrors Plaintiff’s product, entitled, “DecoBros Metal Mesh Rolling Cart,
6 Silver” on Amazon.com. Defendants thus have a clear intent to confuse customers
7 by utilizing the same title and description as Plaintiff’s product.
8 42. A further comparison of the graphic of Plaintiff’s ‘914 Patent and the
9 photograph used by Defendants’ Infringing Products on Amazon.com also
10 indicates approximately same characteristics:
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U.S. Patent No. 734,914 Defendant’s Listing
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1 43. The simple comparison of the two graphics shows that Defendants do
2 not make any significant changes in the design of the Infringing Products. Both
3 products feature the rolling cart with 3 baskets and 4 sturdy casters.
4 44. Further, the Defendants’ manual accompanying the Infringing
5 Products is almost identical to Plaintiff’s manual for DecoBros Rolling Cart
6 (“Manual”). See Exhibit 9. As demonstrated below, the only difference between
7 the two manuals is the company information:
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Plaintiff’s Manual
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1 45. Upon information and belief, Plaintiff alleges that Defendants’

2 product was, and still is, being manufactured, packaged and marketed using similar
3 descriptions and the same exact design and characteristic in size and color as
4 Plaintiff’s DecoBros Rolling Cart. Defendants’ Infringing Products are
5 substantially identical to Plaintiff’s DecoBros Rolling Cart. Additionally, the
6 listing of DecoBros Rolling Cart and Defendants’ Infringing Products, on
7 Amazon.com are substantially the same:
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22 Defendants’ Listing
23 46. Upon information and belief, Defendants are offering for sale, selling,
24 importing into the United States, or otherwise distributing the Infringing Products.
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1 A printout of the Infringing Products that Defendants continue to sell on

2 Amazon.com is attached as Exhibit 8.
3 47. Plaintiff is informed and believes, and thereon alleges that as a result
4 of Defendants’ sale and distribution of the aforementioned Infringing Products,
5 customers are confused as to the source of the aforementioned Asserted Patent.
6 48. Defendants’ use of the Asserted Patent and the sale of the Infringing
7 Products have and continues to dilute Plaintiff’s goodwill in its products and
8 business that it has invested significant time and resources.
9 49. Plaintiff is informed and believes that Defendants continue to sell the
10 Infringing Products with the similar name and identical manual on Amazon.com
11 and as a result, Plaintiff has lost substantial amount of orders.
12 50. Plaintiff is informed and believes that Defendants were aware of
13 Plaintiff’s rights before they began their infringing activity, and that Defendants’
14 use and infringement is therefore willful.
15 51. Plaintiff is informed and believes that Defendants intend to continue
16 their unlawful infringing activities, and Plaintiff continues to and will continue to
17 suffer irreparable harm; for which there is no adequate remedy at law-unless
18 Defendants are enjoined by this Court.
19 52. As a result of Defendants’ infringement of Plaintiff’s DecoBros
20 Stackable Drawer, Plaintiff has suffered damages in the amount of lost profits,
21 injury to its goodwill and business reputation, and expenses incurred in trying to
22 prevent customer confusion.
23 ///
24 ///
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1 FIRST COUNT
2 Design Patent Infringement
3 (Pursuant to 35 U.S.C. §§ 271, 281, 283, 284, and 285)
4 53. Plaintiff re-alleges and incorporates by reference each and every
5 allegation set forth in paragraphs 1-52 above.
6 54. The conduct of Defendants as set forth hereinabove gives rise to a
7 cause of action for infringement of the Asserted Patent, pursuant to at least 35
8 U.S.C. §§ 271 and 281.
9 55. Defendants have directly infringed, and continues to directly infringe,
10 the Asserted Patent under 35 U.S.C. § 271(a) by making, using, selling, offering
11 for sale, and importing within the United States the Infringing Products.
12 56. Defendants have manufactured, used, sold, imported, and offered for
13 sale Infringing Products despite an objectively high likelihood that their actions
14 constitute infringement of the Asserted Patent.
15 57. Defendants have had, and continues to have, the specific intent to
16 induce their customers or users of their products to infringe the Asserted Patent.
17 58. Defendants have indirectly infringed and continue to indirectly
18 infringe the Asserted Patent under 35 U.S.C. §§ 271 (b) and (c) by actively
19 inducing infringement of, or contributorily infringing the Asserted Patent.
20 59. Upon information and belief, Defendants’ infringement has taken
21 place with full knowledge of the Asserted Patent and has been intentional,
22 deliberate, and willful.
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1 60. By reason of the foregoing, Plaintiff is entitled to monetary relief

2 against Defendants, pursuant to 35 U.S.C. §§ 283-85, as more fully set forth herein
3 below.
4 61. As a direct and proximate result of Defendants’ infringement of the
5 Asserted Patent, Plaintiff has been and continues to be damaged in an amount yet
6 to be determined. Plaintiff seeks damages adequate to compensate for this
7 infringement in an amount no less than Defendants’ total profit, from sales of the
8 Infringing Product, together with interest and costs affixed by the Court.
9 62. By reason of the above acts, Defendants have caused, is causing, and
10 unless enjoined and restrained by this court, will continue to cause Plaintiff great
11 and irreparable injury to, among other things, the good will and business reputation
12 of Plaintiff, all of which cannot be adequately compensated or measured in money.
13 Plaintiff has no adequate remedy at law. Plaintiff is entitled to injunctive relief,
14 enjoining and restraining Defendants and their respective officers, agents, servants,
15 and employees, and all persons acting in concert with it, from further infringement
16 of the Asserted Patent.
17 SECOND COUNT
18 False Advertising
19 (Pursuant to Cal. Bus. & Prof. Code § 17500, et seq.)
22 64. The conduct of Defendants is unfair and unlawful and violate
23 California statutory law, including, without limitation, California Business and
24 Professions Code §§ 17500, et seq.
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1 65. As a result of Defendants’ false and misleading advertising, potential

2 and actual consumers have been, and will continue to be, misled about the source
3 and legitimacy of the Infringing Products, which is being wrongfully marketed,
4 advertised, and sold in association with Plaintiff’s Asserted Patent. Defendants
5 knew or should have known that the advertising was untrue and/or misleading.
6 66. As a result of the above conduct, Defendants have been, and will
7 continue to be, unjustly enriched in profits, income, and ill-gotten gains at the
8 expense of Plaintiff and consumers.
9 67. As a further result of the above conduct, Plaintiff has been, and will
10 continue to be, unjustly deprived of the full value of the goodwill and public image
11 associated with its Asserted Patent.
12 68. The wrongful conduct of Defendants, unless restrained and enjoined
13 by order of this Court, will cause great and irreparable injury to the general public
14 and to Plaintiff, its business, reputation, and goodwill. Plaintiff has no adequate
15 remedy at law for the injuries that have been or will continue to be sustained in this
16 action.
17 THIRD COUNT
18 California Common Law Unfair Competition
21 70. The Court has jurisdiction over this claim pursuant to 28 U.S.C.
22 § 1367.
23 71. By Defendants’ acts alleged herein, the Defendants have engaged in
24 unfair competition under the common law of the State of California.
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1 72. Defendants have manufactured and sold Infringing Products in

2 California, thereby creating a false designation of origin of Plaintiff’s brand of
3 goods and unfairly competing with Plaintiff’s business.
4 73. Upon information and belief, Defendants have knowingly and
5 willfully misappropriated Plaintiff’s Asserted Patent in an effort to create the
6 impression that the Defendants’ Infringing Products are sanctioned by the Plaintiff
7 and to misappropriate the goodwill associated with Plaintiff, entitling Plaintiff to
8 an award of exemplary damages and attorneys’ fees.
9 74. The aforesaid acts of the Defendants have caused damage to Plaintiff,
10 in an amount to be determined.
11 75. By reason of the acts of the Defendants alleged herein, Plaintiff has
12 suffered, is suffering and will continue to suffer irreparable damage, which damage
13 will continue unless enjoined by Order of this Court.
14 FOURTH COUNT
15 Unfair Competition
16 (Pursuant to Cal. Bus. & Prof. Code § 17200, et seq.)
19 77. The Court has jurisdiction over this Cause pursuant to 28 U.S.C.
20 § 1367.
21 78. As alleged above, Plaintiff’s DecoBros Stackable Drawer has
22 acquired secondary meaning indicative of origin, relationship, sponsorship and/or
23 association with Plaintiff. The ordinary purchaser is likely to attribute to Plaintiff
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1 the misuse by Defendants of the Asserted Patent and thereby purchase Defendants’
2 Infringing Products based upon that erroneous belief.
3 79. Plaintiff is informed and believes, and upon that basis alleges, that
4 Defendants copied Plaintiff’s DecoBros Stackable Drawer and reproduced it with
5 the intent of causing confusion, mistake and deception as to the source of the
6 Defendants’ Infringing Products and with the intent to palm off such goods as
7 those of Plaintiff. As such, Defendants have committed design patent infringement,
8 misleading advertising, and unfair competition, all in violation of the California
9 Unfair Business Practices Act, Cal. Bus. & Prof. Code § 17200 et seq.
10 80. Upon information and belief, Plaintiff alleges that unless enjoined by
11 the Court, the confusion and deception alleged herein and the likelihood thereof
12 will continue with irreparable harm and damage to Plaintiff.
13 81. Plaintiff has been proximately damaged by Defendants’ infringement
14 and is thus entitled to a permanent injunction to prevent further such conduct, and
15 monetary damages including, but not limited to, all of Defendants’ profits on the
16 products sold under or in connection with its infringing use of Plaintiff’s Asserted
17 Patent, Plaintiff’s lost profits, compensation for the injury to Plaintiff’s goodwill
18 and business reputation, expenses incurred in trying to prevent customer confusion,
19 plus Plaintiff’s attorney fees and costs.
20 FIFTH COUNT
21 Intentional Interference with Prospective Economic Relations
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1 83. The Court has jurisdiction over this Cause pursuant to 28 U.S.C.
2 § 1367.
3 84. Plaintiff alleges that Plaintiff and consumers of its DecoBros
4 Stackable Drawer were in an economic relationship that probably would have
5 resulted in an economic benefit for Plaintiff in the form of continued DecoBros
6 Stackable Drawer purchases from the abovementioned consumers.
7 85. Plaintiff is informed and believes and therefore alleges that
8 Defendants were aware of the relationship between Plaintiff and the current and
9 potential consumers of Plaintiff’s DecoBros Stackable Drawer.
10 86. Plaintiff alleges that Defendants engaged in the wrongful conduct of
11 infringing Plaintiff’s Asserted Patent and in doing so, intended or at least knew that
12 Plaintiff’s relationship with its DecoBros Stackable Drawer consumers was certain
13 to be disrupted due to confusion as to which company’s products consumers were
14 purchasing.
15 87. Plaintiff alleges, upon information and belief, that its relationship with
16 its consumers has in fact been disrupted where consumers mistakenly purchased
17 Defendants’ Infringing Product over Plaintiff’s DecoBros Stackable Drawer, and
18 consumers have stopped placing orders with Plaintiff.
19 88. Upon information and belief, Plaintiff alleges that unless enjoined by
20 the Court, the confusion and deception alleged herein and the likelihood thereof
21 will continue with irreparable harm and damage to Plaintiff.
22 89. Plaintiff has been proximately damaged by Defendants’ infringement
23 and is thus entitled to a permanent injunction to prevent further such conduct, and
24 monetary damages including, but not limited to, all of Defendants’ profits on the
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1 products sold under or in connection with its infringing use of Plaintiff’s Asserted
2 Patent, Plaintiff’s lost profits, compensation for the injury to Plaintiff’s goodwill
3 and business reputation, expenses incurred in trying to prevent customer confusion,
4 plus Plaintiff’s attorney fees and costs.
5 SIXTH COUNT
6 Unjust Enrichment
9 91. As a result of its conduct in selling the Infringing Products,
10 Defendants have been unjustly enriched and, at the same time, is causing a loss of
11 revenue to Plaintiff to its detriment.
12 92. Plaintiff is entitled to recover from the Defendants their unjust
13 enrichment including gains, profits, and advantages they have obtained as a result
14 of their wrongful conduct. Plaintiff is, at present, unable to ascertain the full extent
15 of the gains, profits, and advantages Defendants have obtained by reason of their
16 wrongful conduct.
17 SEVENTH COUNT
18 Demand For Accounting
21 94. Plaintiff has an interest in all monies generated from the exploitation
22 of its exclusive rights to its design patent in DecoBros Stackable Drawer.
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1 95. Plaintiff is informed and believes that Defendants have generated an

2 undetermined, yet substantial amount of money, due to their unlawful commercial
3 exploitation of Asserted Patent.
4 96. The amount of money due from the Defendants is unknown to
5 Plaintiff and cannot be ascertained without an accounting of all of the Defendants’
6 financial records related to the sales generated through their infringing and
7 unlawful activities.
8 97. As a result of Defendants’ actions, Plaintiff has been damaged in an
9 amount to be proven after an accounting has been conducted. Accordingly,
10 Plaintiff hereby requests that the Court order an accounting of all of Defendants’
11 financial records related to the infringing activities in order to determine the sums
12 rightfully due to Plaintiff.
13 98. Furthermore, Plaintiff demands that those sums be paid to them
14 accordingly.
15 PRAYER FOR RELIEF
16 WHEREFORE, Plaintiff demands entry of a judgment against Defendants as
17 follows:
18 1. For a judgment declaring that Defendants have infringed on Plaintiff’s
19 Asserted Patent;
20 2. For a judgment awarding Plaintiff compensatory damages as a result
21 of Defendants’ infringement of Plaintiffs Design Patent, together with interest and
22 costs, and in no event less than a reasonable royalty;
23 3. For a judgment declaring that Defendants’ infringement of Plaintiff’s
24 Asserted Patent was willful and deliberate;
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1 4. The Defendants, its officers, agents, servants, employees, attorneys,

2 and all those in active concert or participation with them be enjoined and restrained:
3 a. From further using Plaintiff’s Asserted Patent or any other
4 confusingly similar design, in connection with the manufacture, sale,
5 advertisement or promotion of any product or any other similar infringement
6 of Plaintiff’s Asserted Patent, for products not originating from Plaintiff or
7 authorized by Plaintiff;
8 b. From diluting any of Plaintiff’s Asserted Patent, with any other
9 confusingly similar design patent; and
10 c. From engaging in unfair competition by making and selling its
11 products or otherwise using confusingly similar designs, in such a way as to
12 misrepresent the origin of any of the Defendants’ products.
13 5. For an order requiring Defendants to deliver and be impounded during
14 the pendency of this action all material in Defendant’s’ possession, custody or
15 control that include or incorporate products that infringe Plaintiff’s Asserted Patent
16 rights, including but not limited to, any products, containers, packages, labels and
17 advertisements in their possession or under their control bearing any of Plaintiff’s
18 Trademark or utilizing Plaintiff’s design patents, or any simulation, reproduction,
19 counterfeit, copy, or colorable imitation thereof;
20 6. Directing that the Defendants report to this Court within thirty (30)
21 days after a Permanent Injunction is entered to show its compliance with
22 paragraphs 4 and 5 above;
23 7. For compensatory damages in an amount to be proven at trial;
24

27
26
27
28
1 8. For all gains, profits and advantages derived by Defendants by their

2 infringement of Plaintiff’s Asserted Patent;
3 9. For punitive damages in an amount sufficient to punish Defendants
4 for their wrongful conduct and to deter others from engaging in similar conduct in
5 the future;
6 10. For statutory damages as provided by law;
7 11. For preliminary and permanent injunction against Defendants,
8 preventing Defendants from any future usage of any identical or similarly
9 confusing design related to Plaintiff’s Asserted Patent;
10 12. Directing such other relief as the Court may deem appropriate to
11 prevent the trade and public, or individual members thereof, from gaining the
12 erroneous impression that the Plaintiff authorized or approved any products
13 manufactured, sold, or otherwise circulated or promoted by the Defendants or that
14 such products are in any way related to the Plaintiff;
15 13. Awarding the Plaintiff damages by reason of the infringement by
16 Defendants as set forth in this Complaint, pursuant to 35 U.S.C. §§ 284 and 289,
17 and common law;
18 14. Ordering an independent accountant to conduct an accounting of all of
19 Defendants’ financial records relating to the infringing activities in order to
20 determine the sums of money owed to Plaintiff. Upon a determination of sums due
21 to Plaintiff, demand is made that those sums be paid to Plaintiff.
22 15. Awarding to the Plaintiff its reasonable attorneys’ fees and
23 investigative fees pursuant to 35 U.S.C. § 285;
24 16. Awarding to the Plaintiff its costs in bringing this action; and
28
26
27
28
1 17. Awarding other such relief to the Plaintiff as this Court deems just.
2
3 June 27, 2018 Respectfully submitted,

4
7
Attorney for Pretty Star Store, LLC
8
10
DEMAND FOR JURY TRIAL
11
Pretty Star Stores, LLC hereby demands a jury trial on all issues that can be
12
heard by a jury.
13
14
15 June 27, 2018 Respectfully submitted,

16
17
18
19
Attorney for Pretty Star Store, LLC
20
21
22
23
24

29
26
27
28
Case 2:18-cv-05187-JAK-AGR Document 15-1 Filed 06/27/18 Page 1 of 38 Page ID #:193
Exhibit 1
Exhibit 2
Case 2:18-cv-05187-JAK-AGR Document 15-1 Filed 06/27/18 Page 10 of 38 Page ID
#:202
Assignment abstract of title for Application 29497385
Invention title/Inventor Patent Publication Application PCT International registration

Stackable Cabinet Basket Drawer D721904 29497385
Tsung-Yu Tsai Feb 03, 2015 Jul 23, 2014
Assignments (1 of 1 total)
Assignment 1
Reel/frame Execution date Date recorded Properties Pages
034780/0586 Oct 07, 2014 Jan 22, 2015 1 2
Conveyance
ASSIGNMENT OF ASSIGNORS INTEREST (SEE DOCUMENT FOR DETAILS).
Assignors Correspondent
TSAI, TSUNG-YU KEVIN PRINCE
2580 ANTHEM VILLAGE DRIVE
HENDERSON, NV 89052
Assignee
PRETTY STAR STORE LLC
19745 COLIMA ROAD #1-152
ROWLAND HEIGHTS, CALIFORNIA 91748
#:203
Exhibit 3
#:204
#:205
#:206
#:207
#:208
U.S. Patent Jul. 21 , 2015 Sheet 4 of 6 US D734,914 S
FIG. 4
#:209
U.S. Patent Jul. 21, 2015 Sheet 5 of 6 US D734,914 S
FIG. 5
#:210
#:211
Exhibit 4
#:212
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USPTO Patent USD721904

Stackable Sliding Basket provides an easy way to access
Fit well into cabinet to increase the organize capabilities Add to List
Elegant Chrome Finish
Dimension: 16.7'' L x 10.8'' W x 10.2'' H
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This item: DecoBros Stackable Under Sink Cabinet Sliding Basket Organizer Drawer,Chrome $24.87
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SimpleHouseware Over the Cabinet Door Organizer Holder, Silver $13.97
#:213
Exhibit 5
#:214
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6 customer reviews
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available. Add to Wedding Registry
Dimension--16.77*10.90*10.23 inches, easy assembly; no

tools needed.
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Good-quality material--The whole set is finished with
fashionable silber-grey powder coating, so beautiful and
$22.99 Add to Cart
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& FREE Shipping on eligible orders.
Removable basket & sturdy rack--The basket is so large
Details
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can hold fruit and vegetable, bread and snack, on orders over $25.00. Details
condiment and caddy in the kitchen, store cosmetic and
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$25.00. Details
Keep your
drinks hot or
SIMPLEHOUSEWARE cold on the go
Reusable meal prep food Thermos Sipp 16 Ounce Stainless Steel
storage container Insulated Drink Bottle, Rose Gold
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10 PK 3 compartment food $29.99
grade meal pr Ad feedback
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#:215
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NEX 2-Tier Sliding Basket Organizer
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Organizer, Plating In Stock. Sold by e-topus
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Dimension--16.81*10.90*11.93 inches, Easy assembly; no
Roll over image to zoom in tools needed
Good-quality material--The whole set is finished with Add to Wedding Registry
fashionable silber-grey powder coating, beautiful and
attractive
Removable basket & sturdy rack--The two baskets are Have one to sell? Sell on Amazon
large in size that it can store lots of things, and can be
slided along the rack for easy moving
Great for anywhere--Deal for anywhere in the house. It
can hold fruit and vegetable, bread and snack,
condiment and caddy in the kitchen, store cosmetic and
toilettries in the bathroom, it can also hold books,
stationery, tool, and receipt in the officer or studio No unraveling
Guarantee--We offer a no-hassle 30-day money back patented
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experience Kamenstein Perfect Tear Wall Mount
Paper Towel Holder, Stainless Steel
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SPOGA
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Equipment Wall Mount
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2018/6/15 NEX 2-Tier
Case 2:18-cv-05187-JAK-AGR Document 15-1Sliding Basket06/27/18
Filed Organizer Page 24 of 38 Page ID
#:216
TOR
ALL
ACK TO TOR
http://www.oberondistribution.com/store/nex-2-tier-sliding-basket-organizer-drawer-under-sink-cabinet-kitchen-storage-drawers-bathroom-organizer-plating/c8b99d6… 1/2
NX 2-TIR LIDING AKT ORGANIZR DRAWR UNDR INK
2018/6/15 NEX 2-Tier
Case 2:18-cv-05187-JAK-AGR Document 15-1Sliding
#:217
Basket06/27/18
Filed Organizer Page 25 of 38 Page ID
CAINT KITCHN TORAG DRAWR ATHROOM ORGANIZR,
PLATING
$28.99
KU: D007
DCRIPTION
Dimenion--16.81*10.90*11.93 inche, a aeml; no tool needed
Good-qualit material--The whole et i finihed with fahionale iler-gre powder coating, eautiful and attractive
Removale aket & turd rack--The two aket are large in ize that it can tore lot of thing, and can e lided along the rack for
ea moving
Great for anwhere--Deal for anwhere in the houe. It can hold fruit and vegetale, read and nack, condiment and cadd in the
kitchen, tore cometic and toilettrie in the athroom, it can alo hold ook, tationer, tool, and receipt in the officer or tudio
Guarantee--We offer a no-hale 30-da mone ack guarantee to inure ou have the et hopping experience
ADDITIONAL INFO
Manufacturer: NX
Dimenion: 17in * 11in * 6in
Weight: 5.29 l
Categor: ALL
HAR
QUANTITY
1 2
 ADD TO CART
http://www.oberondistribution.com/store/nex-2-tier-sliding-basket-organizer-drawer-under-sink-cabinet-kitchen-storage-drawers-bathroom-organizer-plating/c8b99d6… 2/2
#:218
Exhibit 6
#:219
#:220
#:221
Exhibit 7
2017/10/12 Amazon.com : DecoBros
Case 2:18-cv-05187-JAK-AGR Metal Mesh
Document Rolling Filed
15-1 Cart, Silver : Utility Carts :Page
06/27/18 Office Products
30 of 38 Page ID
#:222
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24 Pockets - SimpleHouseware Crystal Clear Over the Door Hanging Shoe Organizer, Gray (64'' x 19'') $8.87 look, and feel,
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2017/10/12 Amazon.com : DecoBros
Case 2:18-cv-05187-JAK-AGR Metal Mesh
Document Rolling Filed
15-1 Cart, Silver : Utility Carts :Page
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Product description
DecoBros mesh rolling cart provides a better way to store almost everything for your kitchen, bathroom, bedroom or living room. The sturdy wheels also provides easy way
to move around. USPTO Patent USD734914 914
Product information
Technical Details Additional Information
Brand Name Deco Brothers ASIN B008AFVL0K
Item Weight 5.5 pounds Customer Reviews 650 customer

reviews
Product Dimensions 16.5 x 10.5 x 24.5 inches 4.5 out of 5 stars
Item model number CT0011 Best Sellers Rank #3,041 in Office Products (See top

100)
Color Silver #10 in Office Products > Office
Furniture & Accessories > Carts &
Material Type Steel
Stands > Utility Carts
Manufacturer Part Number KTCT001
Shipping Weight 5.5 pounds (View shipping rates and
policies)
Domestic Shipping Currently, item can be shipped only

within the U.S. and to APO/FPO
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please check with the manufacturer
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Date First Available June 11, 2012
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#:224
Exhibit 8
2017/10/11 Amazon.com : NEX 3 Tier MeshDocument
Case 2:18-cv-05187-JAK-AGR Utility Cart, Storage
15-1 Rolling Cart, Kitchen
Filed Basket Shelving
06/27/18 Page Trolley
33 : of
Office
38Products
Page ID
#:225
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NEX Share
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Rolling Cart, Kitchen Basket Shelving
Trolley
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Easy assembly; no tools needed
Dimension--16.53*9.72*25.47 inches Add to List
Great for kitchen, laundry room, bathroom, bedroom and pantry
The rolling cart with 3 baskets to keep your stuff orderly and 4
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sturdy casters is easily removing Other Sellers on Amazon
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#:226
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#:227
#:228
#:229
#:230

Pretty Star Store v. Chen - Amended Complaint

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Case 2:18-cv-05187-JAK-AGR Document 15 Filed 06/27/18 Page 1 of 29 Page ID #:164

Tommy SF Wang (SBN: 272409)

7 Attorneys for Plaintiff Pretty Star Store, LLC

12 Plaintiff, PLAINTIFF’S FIRST AMENDED

1 PLAINTIFF PRETTY STAR STORE, LLC d.b.a DecoBros (hereinafter

1 4. Supplemental jurisdiction exists over Defendants because on

25 FIRST AMENDED COMPLAINT

1 10. Upon information and belief, Defendants are marketing, advertising,

1 23. On or around September of 2017, Plaintiff discovered that Defendants

25 FIRST AMENDED COMPLAINT

16 Defendant’s Listings NEX 1-Tier Basket

22 Defendants’ Listings NEX 1-Tier Basket on Amazon

25 FIRST AMENDED COMPLAINT

10 Defendants’ Listings NEX 2-Tier Basket on Amazon

19 Defendants’ Listings NEX 2-Tier Basket on Website

25 FIRST AMENDED COMPLAINT

21 U.S. Patent No. 721,904

25 FIRST AMENDED COMPLAINT

12 32. Upon information and belief, Plaintiff alleges that Defendants’

25 FIRST AMENDED COMPLAINT

24 Defendants’ Listings NEX 1-Tier Basket on Amazon

25 FIRST AMENDED COMPLAINT

25 FIRST AMENDED COMPLAINT

25 FIRST AMENDED COMPLAINT

25 FIRST AMENDED COMPLAINT

1 45. Upon information and belief, Plaintiff alleges that Defendants’

1 A printout of the Infringing Products that Defendants continue to sell on

25 FIRST AMENDED COMPLAINT

1 60. By reason of the foregoing, Plaintiff is entitled to monetary relief

1 65. As a result of Defendants’ false and misleading advertising, potential

1 72. Defendants have manufactured and sold Infringing Products in

25 FIRST AMENDED COMPLAINT

25 FIRST AMENDED COMPLAINT

25 FIRST AMENDED COMPLAINT

1 95. Plaintiff is informed and believes that Defendants have generated an

1 4. The Defendants, its officers, agents, servants, employees, attorneys,

25 FIRST AMENDED COMPLAINT

1 8. For all gains, profits and advantages derived by Defendants by their

3 June 27, 2018 Respectfully submitted,

15 June 27, 2018 Respectfully submitted,

25 FIRST AMENDED COMPLAINT

Assignment abstract of title for Application 29497385

Invention title/Inventor Patent Publication Application PCT International registration

U.S. Patent Jul. 21 , 2015 Sheet 4 of 6 US D734,914 S

U.S. Patent Jul. 21, 2015 Sheet 5 of 6 US D734,914 S

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