Sunlighten v. Finnmark Designs - Complaint

Case 2:20-cv-00127 Document 1 Filed 01/17/20 Page 1 of 11
1 JONATHAN D. BLUM, ESQ.

Nevada Bar No. 009515
2 KOLESAR & LEATHAM
400 South Rampart Boulevard, Suite 400
3 Las Vegas, Nevada 89145
Telephone: (702) 362-7800
4 Facsimile: (702) 362-94 72
E-Mail: jblum@klnevada.com
5
-and-
6
JAMES J. KERNELL, ESQ. - (Pro Hae Vice Forthcoming)
7 KYLE D. DONNELLY, ESQ. - (Pro Hae Vice Forthcoming)
ERICKSON KERNELL IP, LLC
8 8900 State Line Road, Suite 500
Leawood, Kansas 66206
9 Telephone: (913) 549-4700
Facsimile: (913) 549-4646
10 E-Mail: jjk@kcpatentlaw.com
E-Mail: kdd@kcpatentlaw.com
11
Attorneys for Plaintiff
12 Sunlighten, Inc.
13 UNITED STATES DISTRICT COURT
14 DISTRICT OF NEVADA
15 ***
16 SUNLIGHTEN, INC., CASE NO.
17 Plaintiff,
COMPLAINT
18 vs.
JURY DEMAND
19 FINNMARK DESIGNS, LLC,
20 Defendant.
21
22 Plaintiff Sunlighten, Inc. ("Plaintiff' and/or "Sunlighten"), through its undersigned
23 attorneys, files this Complaint against Defendant, Finnmark Designs, LLC ("Defendant" or
24 "Finnmark"), and states and alleges as follows:
25 PARTIES
26 1. Sunlighten is a corporation organized under the laws of the State of Missouri,
27 having its principal place of business located at 73 73 West 107th Street, Overland Park, Kansas
28 66212.
3302597 (10925-1) Page 1 of 11

1 2. On information and belief, Finnmark Designs LLC is a Nevada limited liability
2 company with its principle place of business at 6000 S. Eastern A venue, Suite 8B, Las Vegas,
3 Nevada 89119.
4 JURISDICTION AND VENUE
5 3. This action arises under the patent laws of the United States, 35 U.S.C. § 1 et seq.,
6 the trademark laws of the United States, 15 U.S.C. § 1051 et seq., and the trademark laws of the
7 State of Nevada.
8 4. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a) and
9 (b); and 28 U.S.C. § 1367.
10 5. Injunctive relief is authorized by 35 U.S.C. § 283 and 15 U.S.C. § 1116.
M 11 6. This Court has personal jurisdiction over Defendant because Defendant is a Nevada
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16 acts of infringement in this District, Defendant has a regular and established place of business in
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18 BACKGROUND
19 8. Sunlighten has been in business since 1999, committed to innovating wellness
20 products and services that enable consumers to improve their quality of life. Through extensive
21 market research, Sunlighten has introduced beautiful and effective saunas and other products.
22 9. Sunlighten is a sauna manufacturer based out of Overland Park, Kansas that focuses
23 on infrared-based saunas and heaters.
24 10. Sunlighten offers a wide range of sauna solutions for both home and commercial
25 use. Sunlighten separates itself from the competition by focusing on the technology associated
26 with building top-notch infrared saunas.
27 11. For years Sunlighten has been one of the top innovators in the development of
28 infrared saunas.
3302597 (10925-1) Page 2 of 11

12. Sunlighten's patented Solocarbon® heating technology has been shown to raise the
2 body's core temperature, lower blood pressure and help with weight loss.
3 13. Another major factor that Sunlighten has used to exceed the standards set by their
4 competition is the way they construct their saunas. Each sauna is made to be over 30% thicker
5 than the industry standard while the wood and process that they use to construct them is meant to
6 be environmentally friendly.
7 14. Sunlighten offers some of the top infrared saunas for quality, available options and
8 innovative technology.
9 15. Sunlighten's industry-leading approach to the design and manufacturing of quality
10 saunas has resulted in intellectual property protection for its innovations, including utility patents,
N 11 design patents, trademarks, and trade dress protection.

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18 A.
19 18. Sunlighten also owns all right, title and interest in and to U.S. Patent No. D698,033
20 ("the '033 patent") entitled "Sauna," which issued January 21, 2014. A true and correct copy of
21 the '033 patent is attached as Exhibit B.
22 19. Sunlighten's saunas covered by the '972 and '033 patents are marketed under the
23 trademark "mPulse" series of saunas.
24 20. Sunlighten has marketed and offered its mPulse saunas under the trademark
25 "Empower" ("Empower saunas") exclusively and continuously since at least as early as March
26 2010.
27 21. Finnmark was formed on September 4, 2019.
28
3302597 (10925-1) Page 3 of 11

1 22. Sunlighten recently learned that Finnmark has begun advertising for sale on its
2 website (www.finnmarkdesigns.com) saunas under the names "Empower Hybrid", "Empower 2-
3 3" and "Empower 3-4" (the "Infringing Saunas").
4 23. The Infringing Saunas are confusingly similar to Sunlighten's Empower saunas in
5 name, appearance, and design.
6 24. On information and belief, Defendant's selection of the term "Empower" for saunas
7 was calculated to trade off of Sunlighten's reputation, name, and goodwill, and to confuse
8 customers into believing that Defendant's goods are affiliated with Sunlighten.
9 COUNT I- '972 PATENT INFRINGMENT
10 25. Sunlighten incorporates by reference the foregoing allegations as if fully set forth
11 herein.
12 26. The design of the Infringing Saunas is substantially similar to the patented
13 ornamental design of the '972 patent as determined by an ordinary observer.
14 27. On information and belief, Finnmark has committed and is continuing to commit
15 direct acts of infringement of the '972 patent under 35 U.S.C. § 271(a) by making, using, selling,
16 offering to sell, and/or importing infringing saunas.
17 28. Sunlighten has been damaged as a direct result of the infringement of the '972
18 patent.
19 29. Sunlighten will continue to be damaged unless further infringement is enjoined
20 under 35 U.S.C. § 283.
21 30. Sunlighten is entitled under 35 U.S.C. §§ 284 and 289 to an award of damages
22 adequate to compensate Sunlighten for Finnmark's infringement of the '972 patent. Sunlighten is
23 entitled to in no event less than a reasonable royalty for the infringement and use made of the '972
24 patent by Finnmark, all together with interest and costs.
25 31. On information and belief, Finnmark's past and continuing infringement of the '972
26 patent has been and continues to be deliberate and willful.
27 32. Finnmark's conduct warrants an award of treble damages pursuant to 35 U.S.C. §
28 284.
3302597 (10925-1) Page 4 of 11

1 33. Moreover, this is an exceptional case that entitles Sunlighten to an award of
2 reasonable attorney fees under 35 U.S.C. § 285.
3 COUNT II - '033 PATENT INFRINGMENT
4 34. Sunlighten incorporates by reference the foregoing allegations as if fully set forth
5 herein.
6 35. The design of the Infringing Saunas is substantially similar to the patented
7 ornamental design of the '033 patent as determined by an ordinary observer.
8 36. On information and belief, Finnmark has committed and is continuing to commit
9 direct acts of infringement of the '033 patent under 35 U.S.C. § 271(a) by making, using, selling,
IO offering to sell, and/or importing saunas.
11 37. Sunlighten has been damaged as a direct result of the infringement of the '033
12 patent.
13 38. Sunlighten will continue to be damaged unless further infringement is enjoined
14 under 35 U.S.C. § 283.
15 39. Sunlighten is entitled under 35 U.S.C. §§ 284 and 289 to an award of damages
16 adequate to compensate Sunlighten for Finnmark's infringement of the '033 patent. Sunlighten is
17 entitled to in no event less than a reasonable royalty for the infringement and use made of the '033
18 patent by Finnmark, all together with interest and costs.
19 40. On information and belief, Finnmark's past and continuing infringement of the '033
20 patent has been and continues to be deliberate and willful.
21 41. Finnmark's conduct warrants an award of treble damages pursuant to 35 U.S.C. §
22 284.
23 42. Moreover, this is an exceptional case that entitles Sunlighten to an award of
24 reasonable attorney fees under 35 U.S.C. § 285.
25 COUNT III - FEDERAL UNFAIR COMPETITION AND

FALSE DESIGNATION OF ORIGIN 15 U.S.C. § 1125{a)
26
27 43. Sunlighten repeats and incorporates the allegations contained in the preceding
28 paragraphs.
3302597 (10925-1) Page 5 of 11

1 44. Finnmark has deliberately and willfully attempted to trade on Sunlighten's long-
2 standing and hard-earned goodwill in its marks, including the Empower mark, and the reputation
3 established by Sunlighten in connection with its saunas in order to confuse consumers as to the
4 origin and sponsorship of Finnmark's goods to pass off its products in commerce as those of
5 Sunlighten.
6 45. Finnmark's unauthorized and tortious conduct has deprived and will continue to
7 deprive Sunlighten of the ability to control the consumer perception of its saunas offered under
8 Sunlighten's marks, placing the valuable reputation and goodwill of Sunlighten in the hands of
9 Defendant.
10 46. Finnmark's conduct is likely to cause confusion, mistake or deception as to the
N 11 affiliation, connection or association of Defendant with Sunlighten as to the origin, sponsorship or

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16 48. This continuing loss of goodwill cannot be properly calculated and thus constitutes
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18 49. Sunlighten will continue to suffer irreparable harm unless this Court enjoins
19 Defendant's conduct under 15 U.S.C. § 1116.
20 COUNT IV -TRADE DRESS INFRINGEMENT 15 U.S.C. § 1125(a)
22 paragraphs.
23 51. Finnmark has deliberately and willfully attempted to trade on Sunlighten's long-
24 standing and hard-earned goodwill in its distinctive trade dress, which includes vertical side panels
25 separated by a horizontal channel, upper and lower horizontal trim, and a glass door offset to one
26 side of the sauna.
27 52. Finnmark has deliberately and willfully attempted to trade on the reputation
28 established by Sunlighten in connection with its saunas in order to confuse consumers as to the
3302597 (10925-1) Page 6 of 11

1 origin and sponsorship of Finnmark's goods in order to pass off its products in commerce as those
2 of Sunlighten.
3 53. Finnmark's unauthorized and tortious conduct has deprived and will continue to
4 deprive Sunlighten of the ability to control the consumer perception of its saunas offered under
5 Sunlighten's trade dress, placing the valuable reputation and goodwill of Sunlighten in the hands
6 of Defendant.
8 affiliation, connection or association of Defendant with Sunlighten as to the origin, sponsorship or
9 approval of Defendant and its products, in violation of Section 43 of the Lanham Act, 15 U.S.C. §
10 1125(a).
11 55. As a result of Finnmark's aforesaid conduct, Sunlighten has suffered damage, as
12 well as the continuing loss of the goodwill and reputation established by Sunlighten in its trade
13 dress.
15 irreparable harm and an injury for which Sunlighten has no adequate remedy at law.
17 Defendant's conduct under 15 U.S.C. §1116.
18 COUNT V - VIOLATION OF NEVADA DECEPTIVE TRADE PRACTICES

NEVADA REVISED STATUTE 598
19
21 paragraphs.
22 59. Finnmark has engaged in unfair competition by intentionally using Sunlighten's
23 Empower mark and distinctive trade dress to trade on Sunlighten's long-standing and hard-earned
24 goodwill in its mark and trade dress, as well as in order to confuse consumers as to the origin and
25 sponsorship of Defendant's goods and to pass its products off as those of Sunlighten.
27 affiliation, connection or association of Defendant and its goods with Sunlighten, and as to the
28 origin, sponsorship or approval of Defendant and its products.
3302597 (10925-1) Page 7 of 11

1 61. Finnmark had direct and full knowledge of Sunlighten's prior use of and rights in
2 its mark and trade dress before the acts complained of herein.
3 62. Finnmark's unlawful and unfair conduct has led to a material diminution of the
4 reputation and goodwill established by Sunlighten in its mark and trade dress.
5 63. Finmark has engaged in deceptive trade practices, including, but not limited to as
6 defined by NRS 598.0915(3) by knowingly using the term "Empower" in association with the sale
7 of its saunas.
8 64. As a result of Finnmark's aforesaid conduct, Sunlighten has suffered substantial
9 damages, as well as the continuing loss of the goodwill and reputation established by Sunlighten
10 in its mark and trade dress.
13 COUNT VI - TRADEMARK INFRINGEMENT AND

UNFAIR COMPETITION UNDER NEVADA COMMON LAW
14
16 paragraphs.
17 67. Finnmark has deliberately and willfully attempted to trade on Sunlighten's long
18 standing and hard-earned goodwill in its Empower mark and distinctive trade dress and the
19 reputation Sunlighten established in connection with its saunas, as well as to confuse consumers
20 as to the origin and sponsorship of Finnmark's goods and to pass them off as those of Sunlighten.
21 68. Finnmark's unauthorized and tortious conduct has also deprived and will continue
22 to deprive Sunlighten of the ability to control the consumer perception of its products and offered
23 under Sunlighten's mark, placing the valuable reputation and goodwill of Sunlighten in the hands
24 of Defendants.
26 affiliation, connection or association of Defendant with Sunlighten, and as to the origin,
27 sponsorship or approval of Defendant and its products in violation of Nevada common law.
28
3302597 (10925-1) Page 8 of 11

1 70. As a result of Finnmark's aforesaid conduct, Sunlighten has suffered substantial
2 damages, as well as the continuing loss of the goodwill and reputation established by Sunlighten
3 in its mark and trade dress.
7 Finnmark's conduct.
8 PRAYER FOR RELIEF
9 WHEREFORE, Sunlighten respectfully prays that this Honorable Court:
10 A A judgment that Finnmark has infringed the '972 patent;
N 11 B. A judgment and order permanently restraining and enjoining Finnmark, its officers,
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18 directors, agents, servants, employees, attorneys, subsidiaries, affiliates, and all those acting in concert
20 or products that infringe one or more claims of the '033 patent, or otherwise directly or indirectly
21 committing further acts of infringement of the patent;
22 E. A judgment that Finnmark has infringed Sunlighten's Empower trademark;
23 F. A judgment and order permanently restraining and enjoining Finnmark, its officers,
24 directors, agents, servants, employees, attorneys, subsidiaries, affiliates, and all those acting in concert
26 or products that infringe the Empower trademark, or are otherwise confusingly similar to the
27 Empower trademark;
28 G. A judgment that Finnmark has infringed the Sunlighten's trade dress;
3302597 (10925-1) Page 9 of 11

1 H. A judgment and order requiring Defendant to pay damages to Sunlighten adequate to
2 compensate it for Defendant's wrongful infringing acts in accordance with 35 U.S.C. § 284 and 289;
3 I. A judgment and order requiring Defendant to pay increased damages up to three
4 times, in view of their willful and deliberate infringement of the '972 and '033 patents;
5 J. A finding in favor of Sunlighten that this is an exceptional case under 35 U.S.C. § 285
6 and an award to Sunlighten its costs, including reasonable attorney's fees and other expenses incurred
7 in connection with this action;
8 K. A judgment and order requiring Defendants to pay Sunlighten pre-judgment interest
9 under 35 U.S.C. § 284 and post-judgment interest under 28 U.S.C. § 1961 on all damages awarded;
10 L. A judgment and order of temporary and permanent injunction to prevent or restrain
N 11 Defendant from infringement of the '972 patent;

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14 N. A judgment and order of temporary and permanent injunction to prevent or restrain
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18 P. A judgment and order requiring Defendant to pay to Sunlighten its profits and
19 Sunlighten's damages for trademark and trade dress infringement;
20 Q. A judgment for damages for Defendant's deceptive trade practices, and
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3302597 (10925-1) Page 10 of 11

1 R. Such other and further relief as the Court deems just and appropriate.
2 REQUEST FOR JURY TRIAL
3 Plaintiff hereby requests trial by jury of the above-styled matter.
4 DATED this -It-+-- day of January, 2020. {
5 Ktj ESAR & LEA;JJAM

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6
7 A AND. BLUM, ESQ.

vada Bar No. 009515
8 0 South Rampart Boulevard, Suite 400
s Vegas, Nevada 89145
9
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JAMES J. KERNELL, ESQ. - (Pro Hae Vice
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3302597 ( 10925-1) Page 11 of 11

Case 2:20-cv-00127 Document 1-1 Filed 01/17/20 Page 1 of 4
EXHIBIT A
Sauna Exterior - U.S. Patent No. D676,972
EXHIBIT A
I1111111111111111 IIIII IIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIIIII II IIIII IIII
US00D676972S
(12) United States Design Patent (JO) Patent No.: US D676,972 S

Zack et al. (45) Date of Patent: ** Feb. 26, 2013
(54) SAUNA EXTERIOR 5,255,399 A • 10/1993 Park ................................. 4/524

D341,425 S • 11/1993 Lee .............................. D24/203
(75) Inventors: Aaron Zack, Overland Park, KS (US); D346,015 S • 4/1994 Maskell et al. .............. D24/203
5,511,254 A • 4/1996 O'Brien ............................ 4/532
Doug Vandervalk, Overland Park, KS D444,881 S • 712001 Jensen et al. ................. D24/203
(US); Jasen Sappenfield, Overland Park, D455,497 S • 4/2002 Jensen et al. ................. D24/203
KS (US) 7,458,111 B2 • 12/2008 Sappenfield et al. .. .... 4/524
D618,814 S • 6/2010 Ruhanen . D24/203
(73) Assignee: Sunlighten, Inc., Overland Park, KS 7,849,531 B2• 12/2010 Rooke el al. .. .. ........ 4/524
(US) * cited by examiner
(**) Term: 14 Years Primary Examiner - David Muller
(74) Attorney, Agent, or Firm Shook Hardy & Bacon LLP
(21) Appl. No.: 29/426,034
(57) CLAIM
(22) Filed: Jun.29,2012 The ornamental design for a sauna exterior, as shown and
described.
Related U.S. Application Data
DESCRIPTION
(63) Continuation-in-part of application No. 29/356,445,
filed on Feb. 25, 2010, now Pat. No. Des. 663,855. FIG. 1 is a top left side exterior perspective view of the sauna
(51) LOC (9) Cl . .................................................. 23-02 of the present invention;
(52) U.S. Cl. ...................................................... D24/203 FIG. 2 is a front exterior elevation view thereof; and,
(58) Field of Classification Search ......... D24/201-205; FIG. 3 is a left exterior elevation view thereof.
4/524,526, 528,531,532 The long and short broken lines are boundary lines which
See application file for complete search history. define the bounds of the claimed design. These boundaries do
not exist in reality in the article embodying the design. It is
(56) References Cited understood that the claimed design extends to these bound-
aries but do not include the boundaries.
U.S. PATENT DOCUMENTS The broken lines shown in the drawings are directed to envi-
232,731 A • 9/1880 Lee ...... .. ........... 4/524
ronment, are for informational purposes only, and form no
3,422,465 A • 1/1969 Jones et al. ....................... 4/532 part of the claimed design.
D257,490 S • 11/1980 Davis ........................... D24/202
5,117,481 A • 5/1992 Sung ................................. 4/526 1 Claim, 2 Drawing Sheets
U.S. Patent Feb.26,2013 Sheet 1 of 2 US D676,972 S
FIG.
U.S. Patent Feb.26,2013 Sheet 2 of 2 US D676,972 S
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EXHIBITB
Sauna - U. S. Patent No. D698,033
EXHIBITB
I 1111111111111111 111111111111111 IIIII IIIII IIIII 11111111111111111 II IIIII IIII

US00D698033S
c12) United States Design Patent (JO) Patent No.: US D698,033 S

Zack et al. (45) Date of Patent: ** Jan.21,2014
(54) SAUNA 5,117,481 A • 5/1992 Sung ................................. 4/526

5,255,399 A • 10/1993 Park .................................. 4/524
(75) Inventors: Aaron Zack, Overland Park, KS (US); D341,425 S • 11/1993 Lee .............................. D24/203
D346,015 S • 411994 Maskell et al. .... .. .... .... D24/203
Doug Vandervalk, Overland Park, KS 5,511,254 A • 4/1996 O'Brien ............................ 4/532
(US); Jasen Sappenfield, Overland Park, D444,881 S • 7/200 I Jensen et al. .. ...... .. .... .. . D24/203
KS (US) D455,497 S • 4/2002 Jensen et al. .. ........ .... .. . D24/203
7,458,111 B2* 12/2008 Sappenfield el al. .. .... 4/524
(73) Assignee: Sunlighten, Inc., Overland Park, KS D618,814 S • 6/2010 Ruhanen ...................... D24/203
7,849,531 B2 • 12/2010 Rooke et al. ...................... 4/524
(US)
* cited by examiner
(**) Term: 14 Years
Primary J,,'.xaminer - David Muller
(21) Appl. No.: 29/427,271 (74) Attorney, Agent, or Firm - Shook Hardy & Bacon LLP
(22) Filed: Jul. 16, 2012 (57) CLAIM

The ornamental design for a sauna, as shown and described.
Related U.S. Application Data DESCRIPTION
(63) Continuation-in-part of application No. 29/356,440,
filed on Feb. 25, 2010, now Pal. No. Des. 663,853. PIG. 1 is a top elevated right side exterior view of an embodi-
ment of the sauna of the present invention;
(51) LOC (10) CI . ................................................ 23-02 FIG. 2 is a cut away right side interior view thereof;
(52) U.S. Cl. FIG. 3 is a close up view of a front view of a backrest of the
USPC ......................................................... D24/203 interior thereof;
(58) Field of Classification Search FIG. 4 is a close up view of the rear view of the backrest of the
USPC ............. 024/201-205; 4/524, 526,528,531, interior thereof; and,
4/532 FIG. 5 is a close up view of the tongue-and-groove style
See application file for complete search history. exterior of an embodiment of the sauna shown in FlG. 1.
The dash dot lines immediately adjacent to the claimed areas
(56) References Cited in the views represent the boundaries of the claimed design.
The dashed lines in the figures illustrate the portions of the
U.S. PATENT DOCUMENTS
design that fom1 no part of the claimed design. None of the
232,731 A • 9/1880 Lee ................................... 4/524 broken lines form any part of the claimed design.
3,422,465 A • 1/1969 Jones et al ........................ 4/532
D257,490 S • 11/ 1980 Davis ........................... D24/202 1 Claim, 4 Drawing Sheets
U.S. Patent Jan.21,2014 Sheet 1 of 4 US D698,033 S
FIG.
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.IS 44 (Rev 06/17) CIVIL COVER SHEET

or other papers as required by law, except as
herein neither replace nor supplement the filing and service of pleadings
The JS 44 civil cover sheet and the information contained of the United States in September 1974, is required for the use of the Clerk ofCourt for the
Judicial Conference
provided by local rules of court. This form, approved by the PA( .
ill OF THIS VORMT
4:TONS ON NEXT
purpose of initiating the civil docket sheet. (SU'INSTRI
DEFENDANTS
I. (a) PLAINTIFFS
FINNMARK DESIGNS, LLC
SUNLIGHTEN, INC.
County of Residence of First Listed Defendant Clark County
(b) County of Residence of First Listed Plaintiff Johnson County
US. PLAIN1lFE('ASKS ONLY)
(EXCEPT IN US PLAINTIFF CASES) OF
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION
THE TRACT OF LAND INVOLVED.
Attorneys alKnown)
(C) Attorneys(hm? Name, Address, and Telephone Number)
Jonathan D. Blum, Esq., Kolesar & Leatham, 400 S. Rampart Blvd.,
Suite 400, Las Vegas, NV 89145 - (702) 362-7800
.
BoxOr Humid
I I. BASIS OF JUR SDICTION (Mace an "X"in One Box Only) 1. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X"in One
Oclendtmt)
(For Oiverstly Cases Only) and One /lox for
PTF DEF PTF DEE
Ti I U.S. Govenunent X3 Federal Question X4
Citizen of This State 0 1 Ti I Incorporated or Principal Place Ti 4
Plaintiff Government Not a Part))
of Business In This State
Citizen of Another State Ti 2 0 2 Incorporated and Principal Place )9 5 35

02 U.S. Government Ti 4 Diversity
Parties in Item III) of Business In Another State
Defendant (Inc/from
Ti 3
] Ti 3 Foreign Nation 6 O 6
Citizen or Subject of a
Foreign Country
Click here for: Nature of Suit Code Descriptions.
N ATURE OF SUIT Place all "X- in One Box Only. I
FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
CONTRACT TORTS
Ti 625 Drug Related Seizure Ti 422 Appeal 28 USC 158 Ti 375 False Claims Act
Ti i 10 Insurance PERSONAL INJURY PERSONAL INJURY
of Property 21 USC 881 Ti 423 Withdrawal Ti 376 Qui Tam (31 USC
0 120 Marine 3 310 Airplane Ti 365 Personal Injury -
Ti 690 Other 28 USC 157 3729(a))
0 130 Miller Act Ti 315 Airplane Product Product Liability
Ti 400 State Reapportionment
0 140 Negotiable Instrument Liability Ti 367 Health Care/
PROPERTY RIGHTS 0 410 Antitrust
0 150 Recovery of Overpayment Ti 320 Assault, Libel & Pharmaceutical
Personal Injury Ti 820 Copyrights Ti 430 Banks and Banking
& Enforcement of Judgment Slander
Of 830 Patent D 450 Commerce
3 151 Medicare Act Ti 330 Federal Employers' Product Liability
Ti 835 Patent - Abbreviated Ti 460 Deportation
0 152 Recovery of Defaulted Liability 0 368 Asbestos Personal
New Drug Application Ti 470 Racketeer Influenced and
Student Loans Ti 340 Marine Injury Product
Liability Ti 840 Trademark Corrupt Organizations
(Excludes Veterans) Ti 345 Marine Product
PERSONAL PROPERTY LABOR SOCIAL SECURITY Ti 480 Consumer Credit
0 153 Recovery of Overpayment Liability
Ti 710 Fair Labor Standards Ti 861 HIA (1395ff) Ti 490 Cable/Sat TV
of Veteran's Benefits Ti 350 Motor Vehicle Ti 370 Other Fraud
Act Ti 862 Black Lung (923) Ti 850 Securities/Commodities/
3 160 Stockholders' Suits Ti 355 Motor Vehicle 0 371 Truth in Lending
0 720 Labor/Management 0 863 DIWC/DIWW (405(g)) Exchange
: 190 Other Contract
0 Product Liability 0 380 Other Personal
Property Damage Relations Ti 864 SSID Title XVI Ti 890 Other Statutory Actions
3 195 Contract Product Liability Ti 360 Other Personal
Ti 740 Railway Labor Act Ti 865 RSI (405(g)) Ti 891 Agricultural Acts
1 196 Franchise Injury 0 385 Property Damage
Product Liability Ti 751 Family and Medical Ti 893 Environmental Matters
Ti 362 Personal Injury -
Leave Act Ti 895 Freedom of Information
Medical Malpractice
Ti 790 Other Labor Litigation FEDERAL TAX SUITS Act
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS
I Ti 870 Taxes (U.S. Plaintiff Ti 896 Arbitration
71 210 Land Condemnation Ti 440 Other Civil Rights Habeas Corpus: Ti 791 Employee Retirement
Ti 463 Alien Detainee Income Security Act or Defendant) Ti 899 Administrative Procedure
Ti 220 Foreclosure Ti 441 Voting
Ti 871 IRS—Third Party Act/Review or Appeal of
0 230 Rent Lease & Ejecnnent Ti 442 Employment Ti 510 Motions to Vacate
Sentence 26 USC 7609 Agency Decision
El 240 Torts to Land 3 443 Housing/
Ti 530 General Ti 950 Constitutionality of
1 245 Ton Product Liability Accommodations
IMMIGRATION State Statutes
3 290 All Other Real Property Ti 445 Amer. w/Disabilities - 0 535 Death Penalty
Employment Other: Ti 462 Naturalization Application
Ti 446 Amer. w/Disabilities - Ti 540 Mandamus & Other Ti 465 Other Immigration
Other Ti 550 Civil Rights Actions
Ti 448 Education Ti 555 Prison Condition
Ti 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an "X" in One Box On1.0

0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict Ti 8 Multidistrict
XI Original 0 2 Removed from 0 3 Remanded from
Appellate Court Reopened Another District Litigation - Litigation -
Proceeding State Court Direct File
(spec.0) Transfer
Statute under which you are fil ing (Dn not cite jurisdictional statutes unless diversity):
Cite the U.S. Civil
35 U.S.C. § 1 et seq.; 15 U.S.C.§ 1051 et seq.; 35 U.S.C. § 283 and 15 U.S.C. § 1116.
V I. CAUSE OF ACTION Brief description of cause:
Patent and Unfair Competition.
DEMAND S CHECK YES only if demanded in complaint:
V II. REQUESTED IN El CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P. JURY DEMAND: j5( Yes ON°
COMPLAINT:
V III. RELATED CASE(S)
(See 111S1ruclions)-
I F ANY JUDGE DOCKET NUMBER
D ATE SIGNATURE lF ATTORNE RICORD
FOR OFFICE USE ONLY
AMOUNT APPL !NG IFP JUDGE MAG. JUDGE

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Case 2:20-cv-00127 Document 1 Filed 01/17/20 Page 1 of 11

1 JONATHAN D. BLUM, ESQ.

13 UNITED STATES DISTRICT COURT

22 Plaintiff Sunlighten, Inc. ("Plaintiff' and/or "Sunlighten"), through its undersigned

24 "Finnmark"), and states and alleges as follows:

26 1. Sunlighten is a corporation organized under the laws of the State of Missouri,

3302597 (10925-1) Page 1 of 11

1 2. On information and belief, Finnmark Designs LLC is a Nevada limited liability

4 JURISDICTION AND VENUE

9 (b); and 28 U.S.C. § 1367.

10 5. Injunctive relief is authorized by 35 U.S.C. § 283 and 15 U.S.C. § 1116.

19 8. Sunlighten has been in business since 1999, committed to innovating wellness

23 on infrared-based saunas and heaters.

26 with building top-notch infrared saunas.

3302597 (10925-1) Page 2 of 11

9 15. Sunlighten's industry-leading approach to the design and manufacturing of quality

N 11 design patents, trademarks, and trade dress protection.

21 the '033 patent is attached as Exhibit B.

23 trademark "mPulse" series of saunas.

27 21. Finnmark was formed on September 4, 2019.

3302597 (10925-1) Page 3 of 11

2 website (www.finnmarkdesigns.com) saunas under the names "Empower Hybrid", "Empower 2-

3 3" and "Empower 3-4" (the "Infringing Saunas").

5 name, appearance, and design.

9 COUNT I- '972 PATENT INFRINGMENT

13 ornamental design of the '972 patent as determined by an ordinary observer.

16 offering to sell, and/or importing infringing saunas.

19 29. Sunlighten will continue to be damaged unless further infringement is enjoined

20 under 35 U.S.C. § 283.

24 patent by Finnmark, all together with interest and costs.

26 patent has been and continues to be deliberate and willful.

27 32. Finnmark's conduct warrants an award of treble damages pursuant to 35 U.S.C. §

3302597 (10925-1) Page 4 of 11

1 33. Moreover, this is an exceptional case that entitles Sunlighten to an award of

2 reasonable attorney fees under 35 U.S.C. § 285.

3 COUNT II - '033 PATENT INFRINGMENT

7 ornamental design of the '033 patent as determined by an ordinary observer.

IO offering to sell, and/or importing saunas.

13 38. Sunlighten will continue to be damaged unless further infringement is enjoined

14 under 35 U.S.C. § 283.

18 patent by Finnmark, all together with interest and costs.

20 patent has been and continues to be deliberate and willful.

21 41. Finnmark's conduct warrants an award of treble damages pursuant to 35 U.S.C. §

23 42. Moreover, this is an exceptional case that entitles Sunlighten to an award of

24 reasonable attorney fees under 35 U.S.C. § 285.

25 COUNT III - FEDERAL UNFAIR COMPETITION AND

3302597 (10925-1) Page 5 of 11

10 46. Finnmark's conduct is likely to cause confusion, mistake or deception as to the

N 11 affiliation, connection or association of Defendant with Sunlighten as to the origin, sponsorship or

19 Defendant's conduct under 15 U.S.C. § 1116.

20 COUNT IV -TRADE DRESS INFRINGEMENT 15 U.S.C. § 1125(a)

26 side of the sauna.

3302597 (10925-1) Page 6 of 11

7 54. Finnmark's conduct is likely to cause confusion, mistake or deception as to the

8 affiliation, connection or association of Defendant with Sunlighten as to the origin, sponsorship or

11 55. As a result of Finnmark's aforesaid conduct, Sunlighten has suffered damage, as

17 Defendant's conduct under 15 U.S.C. §1116.

18 COUNT V - VIOLATION OF NEVADA DECEPTIVE TRADE PRACTICES

22 59. Finnmark has engaged in unfair competition by intentionally using Sunlighten's

26 60. Finnmark's conduct is likely to cause confusion, mistake or deception as to the

28 origin, sponsorship or approval of Defendant and its products.

3302597 (10925-1) Page 7 of 11

8 64. As a result of Finnmark's aforesaid conduct, Sunlighten has suffered substantial

10 in its mark and trade dress.