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Plaintiff,
v.
Defendants,
_____________________________________/
COMPLAINT
Plaintiff, H.K. Trading & Company, Inc. (“HK Trading”), sues Defendants, Fashion Touch
USA, Inc. d/b/a/ Lazy Daisy (“Lazy Daisy”) and Bhupinder Bhatia (“Bhatia”), for temporary and
permanent injunctive relief, monetary damages, and other relief, and alleges as follows:
PARTIES
2. Fashion Touch USA, Inc. (d/b/a/ Lazy Daisy) is a Florida corporation organized
and existing under the laws of Florida with a principal place of business in Miami-Dade County,
Florida.
otherwise sui juris. Bhatia is the founder of Lazy Daisy and serves as its President and sole
member, and directs, controls, ratifies, participates in, and/or is the moving force behind its
business decisions, particularly as it concerns Lazy Daisy’s infringing activities described herein.
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4. All conditions precedent to bringing this action, if any, have been performed,
5. This Court has federal-question jurisdiction over the subject matter of the claims
arising out of 28 U.S.C. § 1331, 17 U.S.C. § 101 et. seq., and 35 U.S.C. § 171.
because Lazy Daisy is incorporated in the Southern District of Florida, Bhatia operates Lazy Daisy
out of a location in the Southern District of Florida, and a substantial part of the events giving rise
GENERAL ALLEGATIONS
manufacturer and importer of women’s apparel. HK Trading’s apparel appears in major hotels in
Las Vegas, as well as on cruise ships, in airports, and hundreds of stores throughout the world.
by Kokomo, and Raja Couture. The property at issue in this proceeding, namely the three scarves
described below, are sold under the brand name Kokomo Unlimited.
9. HK Trading is the owner of United States Design Patent No. D748,368 (the “‘368
Patent”), covering an ornamental “swirl” design for a scarf (“Swirl”), as shown below:
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A copy of the Design Patent is attached as Exhibit A. The ‘368 Patent is valid, enforceable, and
10. HK Trading is also the owner of U.S. Copyright Registration No. VA 2-170-860,
11. HK Trading also owns U.S. Copyright Registration No. VA 2-176-688, titled
12. The Swirl, Hearts, and Fantasia designs (collectively, the “HK Trading IP”)
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HK Trading recently filed a Supplementary Registration to correct the date of creation and publication. The actual
date of completion for this design is April 30, 2014, and the date of first publication is May 1, 2014.
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Defendants’ Infringement
13. Lazy Daisy is a women’s wholesale clothing company which also sells scarves to
14. HK Trading and its principals are familiar with Lazy Daisy and Bhatia, having
attended several of the same tradeshows for many years. Lazy Daisy and Bhatia had access to the
HK Trading IP on many occasions due to the number of tradeshows the parties attended and, as
15. The consistent contact between the parties even led to the creation of what was once
a trusting friendship between the parties’ principals which lasted many years until HK Trading
16. Indeed, recently, HK Trading learned that Lazy Daisy has engaged in the willful,
unlawful copying of the HK Trading IP, and has since been able to obtain the infringing items to
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17. Upon information and belief, Bhatia, as the President and sole member of Lazy
Daisy, is responsible for Lazy Daisy’s infringing behavior in that he, with full knowledge of HK
Trading’s intellectual property rights, instructed the unlawful reproduction of the HK Trading IP.
18. Defendants did not license the right or otherwise secure permission from HK
19. Defendants have sold and distributed the infringing scarves and continue to do so
willfully and intentionally, albeit for cheaper and using inferior materials.
20. As a result of all of the foregoing, HK Trading has been forced to retain the
undersigned law firm and pay it a reasonable fee for its services.
COUNT I
TEMPORARY AND PERMANET INJUNCTIVE RELIEF
21. HK Trading repeats the allegations of Paragraphs 1-20 as if fully set forth herein.
22. This is an action for temporary and permanent injunctive relief pursuant to common
law principles and 35 U.S.C. § 283 of the United States Patent Act.
23. As alluded to in more detail above, Defendants, jointly and severally, have
infringed, and continue to infringe, the ‘368 Patent, as well as the Hearts and Fantasia Copyrights,
by manufacturing, reproducing, offering to sell, importing, and selling scarves with the identical
ornamental designs.
24. Such refusal to honor HK Trading’s exclusive intellectual property rights has
caused, and will continue to cause, irreparable harm. Each day that HK Trading is deprived of its
25. HK Trading has no adequate remedy at law, especially because the property at issue
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26. There is no remedy at law that can fully compensate HK Trading for the deprivation
of said intellectual property rights, and, in light of the facts of this case, there is a substantial
likelihood that HK Trading will succeed on the merits of the instant case.
COUNT II
WILLFUL COPYRIGHT INFRINGEMENT
(Concerning Infringement of U.S. Copyright Registration No. VA 2-170-860)
27. HK Trading repeats the allegations of Paragraphs 1-20 as if fully set forth herein.
28. HK Trading is the owner of all copyrights in and to the Hearts design, and has never
29. HK Trading is the sole owner of U.S. Copyright Registration Nos. VA 2-170-860,
30. Upon information and belief, Defendants do not own any copyright registrations
31. Defendants have had access to the copyrighted Hearts designs, copied them without
authorization from HK Trading, and have engaged in the unlawful copying, making, directing to
be made, display, reproduction, distribution, offering for sale, and actual sale of products
containing the copyrighted Hearts design, albeit for cheaper and using inferior materials.
33. Defendants’ infringement was (and remains) deliberate, willful, and intentional, as
they had full knowledge of HK Trading’s copyright ownership and rights but continued to infringe
34. Bhatia, as the President and sole member of Lazy Daisy, is responsible for Lazy
Daisy’s infringing behavior in that he, with full knowledge of HK Trading’s intellectual property
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rights, instructed the unlawfully reproduction of products containing the copyrighted Hearts
design.
infringement, and Defendants are jointly and severally responsible for such damages.
COUNT III
WILLFUL COPYRIGHT INFRINGEMENT
(Concerning Infringement of U.S. Copyright Registration No. VA 2-176-688)
36. HK Trading repeats the allegations of Paragraphs 1-20 as if fully set forth herein.
37. HK Trading is the owner of all copyrights in and to the Fantasia design, and has
38. HK Trading is the sole owner of U.S. Copyright Registration Nos. VA 2-176-688,
39. Upon information and belief, Defendants do not own any copyright registrations
40. Defendants have had access to the copyrighted Fantasia designs, copied them
without authorization from HK Trading, and have engaged in the unlawful copying, making,
directing to be made, display, reproduction, distribution, offering for sale, and actual sale of
products containing the copyrighted Fantasia design, albeit for cheaper and using inferior
materials.
42. Defendants’ infringement was (and remains) deliberate, willful, and intentional, as
they had full knowledge of HK Trading’s copyright ownership and rights but continued to infringe
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43. Bhatia, as the President and sole member of Lazy Daisy, is responsible for Lazy
Daisy’s infringing behavior in that he, with full knowledge of HK Trading’s intellectual property
rights, instructed the unlawfully reproduction of products containing the copyrighted Fantasia
design.
infringement, and Defendants are jointly and severally responsible for such damages.
COUNT IV
WILLFUL PATENT INFRINGEMENT
45. HK Trading repeats the allegations of Paragraphs 1-20 as if fully set forth herein.
46. HK Trading is the owner of the ‘368 Patent, which is valid and enforceable.
47. The claimed design of the ‘368 Patent is shown in Figures 1-7 below:
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48. In the eye of an ordinary observer, the claimed design of the ‘368 Patent and the
design of Defendants’ scarf are substantially the same, such that the ordinary observer would be
deceived into believing that the design in Defendants’ scarf is the design claimed in the ‘368
Patent.
49. HK Trading did not give Defendants authorization or a license to make, use, import,
50. Thus, Defendants, jointly and severally, have infringed, and continue to infringe,
the claims of the ‘368 Patent by, at least, making, using, importing, offering for sale, and selling
the infringing scarves, having substantially the same ornamental design as the design claimed in
51. Defendants have had knowledge of HK Trading’s ‘368 Patent since at least the date
upon which they received a copy of a letter from HK Trading dated November 6, 2019 placing
52. All such infringing conduct of Defendants has occurred and was committed by
Defendants in a willful, knowing, and bad faith manner. Indeed, upon information and belief,
Defendants’ infringement has been undertaken with knowledge of the ‘368 Patent and/or
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knowledge of the existence of HK Trading’s proprietary rights in the Swirl design. Such acts
constitute willful patent infringement and make this case exceptional pursuant to 35 U.S.C. §§ 284
and 285.
53. Defendants’ actions have caused and continue to cause irreparable harm to HK
to HK Trading;
ii. Enjoining Defendants, and all of those acting in concert with them,
including, but not limited to, their agents, affiliates, subsidiaries, officers,
C. An award against Defendants, jointly and severally, for actual damages suffered by
HK Trading, and/or Defendants’ profits, along with pre-judgment and post-judgment interest;
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HK Trading hereby demands a trial by jury of all issues so triable as a matter of law.
Respectfully submitted,
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Case 0:20-cv-60538-XXXX Document
JS 44 (Rev. 06/17) FLSD Revised 06/01/2017 1-1 COVER
CIVIL EnteredSHEET
on FLSD Docket 03/12/2020 Page 1 of 2
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose
of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) NOTICE: Attorneys MUST Indicate All Re-filed Cases Below.
I. (a) PLAINTIFFS H.K. TRADING & COMPANY, INC. DEFENDANTS FASHION TOUCH USA, INC. and BHUPINDER
BHATIA
(b) County of Residence of First Listed Plaintiff Broward County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
The Concept Law Group, P.A., 6400 N. Andrews Ave., Ste 500
Fort Lauderdale, FL 33309, 754-300-1500
(d) Check County Where Action Arose: MIAMI- DADE MONROE BROWARD PALM BEACH MARTIN ST. LUCIE INDIAN RIVER OKEECHOBEE HIGHLANDS
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff)
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
VI. RELATED/ (See instructions): a) Re-filed Case YES NO b) Related Cases YES NO
RE-FILED CASE(S) JUDGE: DOCKET NUMBER:
Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless diversity):
VII. CAUSE OF ACTION 35 U.S.C. § 283, 17 U.S.C. § 501, et. seq., 35 U.S.C. §§ 271(a) and 289, 35 U.S.C. §§ 284 and 285
LENGTH OF TRIAL via 3-5 days estimated (for both sides to try entire case)
VIII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION
DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F.R.C.P. 23
JURY DEMAND: Yes No
ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE
DATE SIGNATURE OF ATTORNEY OF RECORD
March 12, 2020
VII. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553
Brief Description: Unauthorized reception of cable service
VIII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
Date and Attorney Signature. Date and sign the civil cover sheet.
Case 0:20-cv-60538-XXXX Document 1-2 Entered on FLSD Docket 03/12/2020 Page 1 of 2
To: (Defendant’s name and address) FASHION TOUCH USA, INC. d/b/a LAZY DAISY
c/o BHATIA, BHUPINDER (REGISTERED AGENT)
777 NW 72ND AVE
#1131-1132
SHOWROOM # 117
MIAMI, FL 33126
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Adam S. Goldman, Esq.
THE CONCEPT LAW GROUP, P.A.
6400 North Andrews Avenue, Suite 500
Fort Lauderdale, Florida 33309
Tel: (754) 300-1500
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
Case 0:20-cv-60538-XXXX Document 1-2 Entered on FLSD Docket 03/12/2020 Page 2 of 2
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Adam S. Goldman, Esq.
THE CONCEPT LAW GROUP, P.A.
6400 North Andrews Avenue, Suite 500
Fort Lauderdale, Florida 33309
Tel: (754) 300-1500
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
Case 0:20-cv-60538-XXXX Document 1-3 Entered on FLSD Docket 03/12/2020 Page 2 of 2
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address
EXHIBIT “A”
Case 0:20-cv-60538-XXXX Document 1-4 Entered on FLSD Docket 03/12/2020 Page 2 of 9
11111111111111111111111111111111III
D11141811161 11111111111111111111111
(12) United States Design Patent (10) Patent No.: US D748,368 S
Singh et al. (45) Date of Patent: ** Feb. 2, 2016
EXHIBIT “B”
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EXHIBIT “C”
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