ThingCharger v. Viatek - Complaint

8/9/2019 ThingCharger v. Viatek - Complaint

http://slidepdf.com/reader/full/thingcharger-v-viatek-complaint 1/36

..

UNITED STATES D I S i t 1 1 ~

C O

T

SOUTHERN DISTRICT

i _ F ~ W

~ i t

00799

THINGCHARGER, INC. and

P3 INTERNATIONAL CORP.,

Plaintiffs,

v.

)

)

)

)

)

)

)

)

VIATEK CONSUMER PRODUCTS GROUP, INC., )

VIATEK INTERNATIONAL, LLC, and )

FOSHAN UM ELECTRONICS CO., LTD., )

Defendants.

)

)

-_..

Case No.

r

- ·-·

COMPL INT

Plaintiffs Thingcharger, Inc. and P3 International Corp. assert the following as their

complaint against defendants.

The Parties

1 Plaintiff P3 International Corp. is a corporation organized and existing under the

laws

of

the State

of

New York having its principal place

of

business at 132 Nassau Street, New

York,

ew

York ( P3 ).

2 Plaintiff Thingcharger, Inc. Is a corporation organized and existing under the

laws of State

of

New York having its principal place of business

at

1 Grandview Avenue,

Cornwall-on-Hudson, New York, New York ( Thingcharger ) .

3

Upon information and belief, defendant Viatek Consumer Products Group, Inc. is

a corporation organized and existing under the laws of the State

of

Florida having its principal

office at 6011 Century Oaks Drive, Chattanooga, Tennessee ( Viatek CPG ).

4. Upon information and belief, defendant Viatek International LLC is a limited

liability

company organized and existing under the laws of the State

of

Florida having its

principal office at 6011 Century Oaks Drive, Chattanooga, Tennessee ( Viatek lnt'l ).

c

( . )

0

A



5. Upon information and belief, defendant Foshan UM Electronics Co., Ltd. is a

company organized and existing under the laws of China having its principal office at Room

228, Daxan Business Plaza, Luopo Street, Panyu, Guanzhou, China ( Foshan ).

Jurisdiction and Venue

6. This

is

an action for infringement arising under the patent laws of the United

States, 35 U.S.C.

§

100,

et seq.

for trade dress infringement and false designation of origin

under the trademark laws of the United States, 15 U.S.C.

§

1051 et seq. and for unfair

competition, misappropriation, and deceptive trade practices under the laws of the State of New

York. This Court has jurisdiction over this case pursuant to 28 U.S.C.

§§

1331, 1338(a) and b)

and 1367, insofar as it arises under the laws of the United States and joins substantial claims of

unfair competition and other related claims forming part of the same case or controversy, and

under 28 U.S.C.

§

1332 insofar as the parties are citizens of different states and the matter in

controversy exceeds the sum or value of $75,000.00, exclusive of interest and costs. Venue

is

proper in this district pursuant to 28 U.S.C. 1391 b) and c) and 1400(b).

Claim I

Design Patent Infringement

7.

This is a claim for infringement of a design patent in violation of 35 U.S.C.

271

and 289.

8. Plaintiff Thingcharger is the owner of all right title and interest in United States

Design Patent

No.

D700,892S for Auxiliary Port and Outlet Extender, issued March

11,

2014 to

Thingcharger

on

assignment from its inventor, Seymour Segnit, a copy which

is

annexed as

Exhibit A to this complaint ( the Segnit patent ).

9. In September 2013, Thingcharger and its founder, Seymour Segnit, launched a

product start-up funding campaign, first on the website thingcharger.com and then, beginning

October 2013, on the crowd funding site indiegogo.com, for the promotion of a low profile



electrical outlet extender with ports for charging personal electronic devices such as cell

phones, smart phones and tablets without a cable and leaving the extended outlet accessible.

The

thingcHARGER

quickly became the most successful crowd funded mobile device accessory

ever, raising nearly 650,000.00 by the end of the first lndiegogo campaign in January 2014

and over 700,000.00 in customer contributions to date, over 25 times the initial goal. The

thingCHARGER has been promoted on Facebook and other social media, as well as the online

advertising network, Taboola, and

is

the first product of its kind. Its design is unique

in

its low

profile, both physically as a minimum dimension extending out from the wall, as well as visually

in that it matches what it plugs into physically and covers visually. Its smooth and unintrusive

lines, contours and silhouette blend seamlessly into the home or office wall environment,

virtually invisible when viewed from the front, with a slim profile that means its visual impact is

assimilated from all angles. The design is striking

in

its simplicity as promoted and at the point

of sale, whether

in

a crowd funding campaign, internet promotion or displayed in a retail store.

10. Plaintiff P3 is the exclusive licensee of the Segnit patent and the exclusive

distributor of the thingCHARGER for delivery to the lndiegogo campaign contributors as well as

for distribution for sale to the general retail market.

11. Upon information and belief, defendants have manufactured or have had

manufactured for them, have imported into the United States, have sold to or in privity with

Telebrands Corp., and have promoted and advertised on viatekproducts.com, at the 2015

Consumer Electronics Show in Las Vegas, Nevada, on their Facebook page, on the web site

buysocketdock.com and elsewhere, the SocKET DOCK and the SocKET

GENIE

electrical outlet

extenders with ports for charging personal electronic devices such as cell phones, smart

phones and tablets without a cable and leaving the extended outlet accessible, which are

copies or colorable imitations of the thingcHARGER and the design claimed and depicted in the

Segnit patent, have advertised and offered those products for sale and have sold them

throughout the United States and

in

this judicial district, all

in

direct competition with the



thingcHARGER. The

SOCKET

DocK, as advertised and sold

on

viatekproducts.com,

buysocketdock.com and elsewhere, is depicted

in t h ~

images annexed as Exhibit B to this

Complaint. The SocKETGENIE as sold, advertised and offered for sale with media depicting

the

SocKET

DocK

on

viatekproducts.com,

is

depicted

in

Exhibit C annexed to this Complaint.

12. Defendants, by their promotion, advertising, depiction, importation, sale and offer

for sale of the SOCKET DocK outlet extension charging devices in the United States, have

infringed the Segnit patent

in

violation of 35 U.S.C.

271

and 289.

13. Defendants infringement has been deliberate and willful, with full knowledge of

the Segnit patent and in wrongful disregard of plaintiffs rights thereunder.

14.

Upon information and belief, defendants infringement

is

ongoing and will

continue unless enjoined by this Court.

15. Plaintiffs have been and will continue to be irreparably harmed by defendants

infringing acts, which cannot

be

remedied by monetary damages alone.

Claim II

False Designation of Origin

16. This

is

a claim for trade dress infringement, unfair competition and false

designation of origin

in

violation of section 43(a) the Lanham Act, 15 U.S.C. § 1125(a).

17. Plaintiffs repeat and reallege the allegations made in paragraphs 1 through 15 of

this Complaint as though fully set out here.

18. The thingCHARGER design constitutes a distinctive, minimalist trade dress

comprised of the following decorative, non-functional design features:

a. a rectangular frontal shape approximating the size and shape of a

standard electrical wall outlet that, when viewed from the front, renders it nearly unnoticeable

when plugged into a wall outlet;

b.

a slim profile creating a silhouette that aesthetically minimizes its visual

impact from all angles;



c

minimal variation

in

direction and angle of its straight contour lines

resulting

in

a smooth and uncomplicated silhouette;

d a narrow, elongated slot at the top for insertion of, or having inserted

therein with tip exposed, a vertically oriented ovoid cylindrical charging adaptor;

e

two electrical sockets vertically oriented

on

the front, and

f a series of vertically oriented rectangular slots

on

the rear, each slot

being integral with a curved indentation.

The

thingCHARGER is

depicted

in

the images annexed as Exhibit D to this Complaint.

19. The unique and pleasingly distinctive design of the

thingCHARGER

has been

promoted by plaintiff Thingcharger since long prior to the acts of defendants complained of

herein. The advertising and promotion of the thingCHARGER has consistently featured that

design throughout the United States, during which time the design has become identified

among consumers and

in

the trade with the exclusive source of the

thingCHARGER

and a symbol

of valuable good will inuring exclusively to the benefit of Thing charger and P3

20. In the course of a little over a year, Thingcharger has raised funds of over

700,000.00 in the promotion of thingCHARGER outlet extensions since their introduction

in

September 2013. During this time, and long prior to defendants' acts alleged herein, the

thingcHARGER

design had come to

be

relied upon

in

the trade and among consumers as

identifying the original outlet extension charging devices exclusively available from

Thingcharger and distinguishing them from the goods of others as a trademark that represents

and symbolizes a valuable business and good

will belonging exclusively to Thingcharger.

21 Defendants are aware and, since long prior to the acts complained of herein,

have been aware of the

thingcHARGER

trade dress design and the valuable good will

represented and symbolized thereby.

22. Notwithstanding defendants' awareness and, indeed, because of their

awareness, defendants embarked upon a deliberate and willful scheme to cause confusion



among consumers and the trade by adopting and using a confusingly similar imitation of the

widely recognized thingCHARGER trade dress design as the product designation

in

connection

with defendants sale o their Socket Dock chargers, thereby falsely suggesting that their

products are manufactured or sponsored by the exclusive source of the

thingCHARGER

for the

purpose of unfairly competing with plaintiffs.

23. Defendants advertising and sale of the SocKET DocK

in

direct competition with

plaintiffs thingCHARGER constitutes false designation of origin and/or false or misleading

description or misrepresentation of fact, which is likely to cause confusion, to cause mistake

or

to deceive the relevant public as to the source, origin, sponsorship, quality and/or approval of

defendants goods

in

violation of section 43(a) of the Lanham Act, 15 U.S.C.

§

1125(a).

24. Defendants aforesaid acts of unfair competition and false designation o origin

have caused and will continue to cause great and irreparable injury to plaintiffs for which

plaintiffs no adequate remedy at

law

Unless such acts are restrained and enjoined by this

Court, they will continue to cause plaintiffs great harm and irreparable injury.

Claim Ill:

Unfair Competition

25. This

is

a claim for unfair competition under New York common law.

26. Plaintiffs repeat and reallege the allegations of paragraphs 1 through 24 above

as though fully set out here.

27. Defendants were aware of plaintiffs thingCHARGER and its distinctive design

when they embarked upon their willful and deliberate scheme to cause confusion, mistake and

to deceive in directly competing with plaintiffs in the marketing and sale of wall outlet extension

chargers, willfully, in bad faith and without authorization, and have misappropriated plaintiffs

good will for their own benefit, with full knowledge of and

in

intentional disregard of plaintiffs

rights.



28. Defendants, in furtherance of their unlawful scheme to defraud the trade and the

public and to unfairly compete with plaintiffs, to pass-off their goods as those of plaintiffs and to

wilfully deceive consumers, including plaintiffs customers, through their misrepresentations and

other acts complained of herein, intentionally caused confusion and misunderstandings among

wholesalers, importers, mail order merchandisers, plaintiffs customers and the public that

defendants SOCKET DocK is a genuine product of or sponsored by plaintiffs.

29. Defendants unauthorized misappropriation of the design and trade dress of

plaintiffs thingCHARGER and other aforesaid acts constitute copying, infringement and

misappropriation of plaintiffs rights and unfair competition under common law.

30. Defendants aforesaid acts of unfair competition have caused and will continue to

cause great and irreparable injury to plaintiffs, for which plaintiffs have no adequate remedy at

law. Unless such acts are restrained and enjoined by this Court, they will continue to cause

plaintiffs great harm and irreparable injury.

Claim IV:

Deceptive Trade Practices

31

. This is a claim for deceptive trade practices

in

violation of laws of the State of

New York, N.Y.GEN.Bus.LAw § 349.



33. Defendants aforesaid acts constitute deceptive trade practices within the State

of New York and this judicial district in violation of section 349 of the General Business Law of

the State of New York,

N Y GEN BUS LAW

§ 349.

34. Defendants deceptive acts have caused and will continue to cause great harm

and irreparable injury to plaintiffs, for which plaintiffs have

no

adequate remedy at law and,

unless such acts are restrained and enjoined by this Court, will continue to cause plaintiffs to

suffer great harm and irreparable injury.



ClaimV:

False and Misleading Advertising

35. This is a claim for false and misleading advertising

in

violation of

N Y GEN BUS LAW

§

350.



37. Defendants aforesaid acts constitute false and misleading advertising within the

State of New York and this judicial district in violation of section 350 of the General Business

Law of the State of New York,

N Y GEN BUS LAW

§ 350.

38. Defendants false and deceptive advertising has caused and will continue

to

cause great harm and irreparable injury to plaintiffs, for which plaintiffs have no adequate

remedy at

law and, unless such acts are restrained and enjoined by this Court, will continue to

cause plaintiffs to suffer great harm and irreparable injury.

Claim VI:

Unjust Enrichment

39. This is a claim for unjust enrichment under New York common law.


as though fully set forth here.

41. Defendants benefitted financially and gained an unfair market advantage by their

aforesaid wrongful acts of unfair competition and are therefore liable to plaintiffs

in

the amount

and value of the benefits by which it

was

unjustly enriched.

WHEREFORE, plaintiffs pray that this Court enter judgment:

A

preliminarily and permanently enjoining defendants, their officers, directors,

agents, employees, affiliates, and all those acting in concert or privity with any of them, from

infringing the Segnit patent;



B awarding plaintiffs damages sufficient to compensate them for defendants

patent infringement, in no event less than the greater of a reasonable royalty for or the total

profit from defendants infringing sales, with interest and costs;

C

awarding plaintiffs three times the amount of damages assessed, together with

their attorneys fees in prosecuting this action, pursuant to 35 U.S.C §§ 284 and 285;

D preliminarily and permanently enjoining defendants, their officers, directors,


advertising, promoting, importing, manufacturing, distributing, offering to

sell and/or selling the

SOCKET

DocK

or any product applying a colorable imitation of the design claimed and depicted

in the Segnit patent;

E

awarding plaintiffs damages sufficient to compensate them for defendants unfair

competition, false designations of origin, false and misleading descriptions, misrepresentations

of fact, decept ive trade practices, false and misleading advertising, and the confusion and harm

resulting therefrom;

F

preliminarily and permanently enjoining defendants, their officers, directors,


advertising, promoting, importing, manufacturing, distributing, offering to sell and/or selling the

SOCKET

DocK or any product the design

of

which is a copy or colorable imitation

of

the

thingCHARGER trade dress or the

SOCKET

DocK or incorporating any design that is likely to

cause confusion with the

thingcHARGER as to source or as to sponsorship by either plaintiff;

G awarding plaintiffs the value of the benefits by which defendants were unjustly

enriched; and

H

awarding plaintiffs such other and further relief as this Court deems just and

proper.



New York New York

January 30 2015

THINGCHARGER INC. and

P31NTERNATIONAL CORP.

y ~ V

James A Power

r

Marguerite Del Valle

POWER

DEL

VALLE LLP

233 West 72nd Street

New York New York 10023

212-877-0100

jp@powerdel

om

10



c12) United States Design Patent

Segnit

(54) AUXILIARY

PORT

AND OUTLET EXTENDER

(71) Applicant:

Seymou r Segnlt

, Cornwall

on

Hudson,

NY (US)

(72) Inventor:

Seymour

Segnit, Cornwall on Hudson,

NY (US)

(**) Term: 14

Years

(21) Appl. No : 29/457,017

(22) Filed:

Jun. 6,

2013

(51) LOC (10)

CI ......

......

.................

.... .

13-03

(52) U.S. CI.

USPC ......................................... .........

013/137.2

(58)

Field

of

Classification Search

(56)

USPC ........ D13/152, 164, 184, 137.1, 139.1, 153,

D131137.2, 133, 137.4, 139.7, 130, 128,

D13/132, 138.2, 139.3, 139.4, 139.8, 139.6,

DB /123, 160, 107, 137.3, 138.1, 139.2,

Dl31139.5, 162, 178, 199; 361/683, 118,

3611119; )9/416, 423; 52/ 173.1 , 656 .

2;

248/231.91

See applicat ion file for complete search history.

References Cited

U.S. PATENT DOCUMENTS

5,539,821 A 7/1996 Blonder

04 69,402 S 1/2003 Bukiri .......

Dl3

/ l37

1

(Continued)

OTHER PUBLICATIONS

http://www.ebay.com/itm RCA-WP2UWR-Wall-Plate-Outlet-with-

2-USB-White-Chargin

(Continued)

Primary Examiner - Robert M Spear

Assistant Examiner Rhea Shields

(74)

Attorney

Ag

e

nt

or

Firm -

Andrew

F

Young, Esq ;

Lackenbach Siegel, LLP

(57) CLAIM

I claim the ornamental design for an auxiliary port and outlet

extender, as shown and described.

USOOD700892S

(10)

Patent No.:

(45)

Date

of

Patent:

US D700,892 S

Mar.

11, 2014

DESCRIPTION

FIG. 1 is a top perspective view

of

an auxiliary port

and

outlet

extender, showing a first embodiment of my new design;

FIG. 2

is

a bottom perspective view of FIG. 1;

FIG. 3

is

a front elevational view

of

FIG. 1;

FIG. 4 is a rear elevational view of FIG. 1;

FIG. 5 is a left-side elevational view of FIG. I , the right-side

eleva iona view being a mirror image thereof;

FIG. 6 is a top plan view of FIG. 1;

FIG.

7 is a bottom plan view

of

FIG. 1;

FIG. 8 is a top perspective view of a second embodiment

thereof;

FIG. 9 is a bottom perspective view

of

FIG. 8;

FIG. 10 is a front elevational view of FIG. 8;

FIG. 11 is a rear elevational view of FIG. 8;

FIG. 12 is a left-sideelevational view ofFIG. 8 , the right-side

elevational view being a mirror image

thereof

;

FIG. 13 is a top plan view of FIG. 8;

FIG.

14

is a bottom plan view of FIG. 8;

FIG. 15 is a top perspective view of a third embodiment

thereof;

FIG.

16

is a bottom perspective view of FIG. 15 ;

FIG. 17 is a front elevational view ofFIG. 15;

FIG.

18

is a rear elevational view of FIG. IS ;

FIG.

19 is

a left-side elevational view of FIG. 15, the right

side elevational view being a mirror imag e thereof;

FIG. 20 is a top plan view

of FIG

. 15;

FIG. 21 is a bottom plan view of FIG. 15;

FIG. 22 is a top perspective view of a fourth embodiment

there

of

;

FIG. 23 is a bottom perspective view

of

FIG. 22;

FIG. 24 is a front elevational view of FIG. 22;

FIG. 25 is a rear elevational view

of

FIG. 22;

FIG. 26 is a left-side elevational view

of FIG. 22, the right

side elevational view being a mirror image thereof;

FIG.

27

is a top plan view

of

FIG .

22

; and ,

FIG. 28 is a bottom plan view of FlU. 22.

The broken lines showing a wall, a portable electronic device,

a top port adapter, power plugs, power sockets a

nd

outlet

borders

in the

figures depict environmental matter and form

no part of the claimed design.

1

Claim,

12

Drawing

Sheets



56) References Cited

U.S. PATENT DOCUMENTS

3/2005 Janik

6/2006 Maglionico et al.

6/2007 Lee

et a .

..

...... .

7/2007

Ng

................... .

8/2007 Sbordon

12/2007 Ahlgren

US D700 892 S

Page

0627,729 s

0638,792

s

0653,614 s

D653,615

s

D664,091 s

0665,354

s

2004/0218411

A1

11/20 lO Smith

5/2011 Lu

2/2012 Au

2/2012

Au

7/2012 Pliner

8/2012 Chen

ct

al.

11/2004 Luu

13/137.2

013/139.3

0\3/137.2

OTHER PUBLICATIONS

013/138.1

http:/ eshop mac sales. com/shop/Apple/iPod_Accessories.

6,864,798 8

0523,397

s

+

0545,273 s

0547,272

s *

0549,171 s

0556,682 s

0595,229

s

7,756,268 8

6/2009 LaGrotta ................... 013/137.2

7/2010 Hazani

cited by examiner



U.S. Patent

Mar 11, 2014

. .

.

-

_-.--· ·__-

_____

.

I • • • •

: -

. - .

•

,

•

•,

___

. ,

FIG. 1

Sheet of 12

US D700,892 S

FIG.2



U.S. Patent Mar. 11, 2014 Sheet 2

of

12

- .l-

-

}

:I

'

'

'

'

i

/ 1 . - , \

'

.

'

-

J -

I

'

l

I I

11 ;

11

1

6:

US D700,892 S

11

'

1:

i:

,,

'

i ;

'

II

0

I

0

II

6:

,

I ll

II

,

1

l l1

, •

-- - - - - -- - -- -- -- -

FIG. 3

<

---

=

. -

< -

= -

- -

-

-

FIG. 5

FIG. 4



U.S. Patent

Mar. 11 2014 Sheet 3 o

2

US

D700 892 S

\

I

II

l lt

i

tt

; _ . : ; _ _ ~ ; _ _

FIG 6

I

"'

l

lll l

l

lll

ll

l

lll

l

l

l

ll

ll ll

lt

I

l

FIG 7



U.S. Patent Mar. 11 2014

Sheet 4 of 2

US D700 892 S

. . -

FIG 8

FIG. 9



U.S. Patent

Mar. 11 2014 Sheet 5

o 2

}

-

- J - - L-

1 1 1 1 1 ~ ~ ~ ~ ~ ~ ~ ~

,

I

/ / ,-, ,

I I I I \

I I

-

\

1

I I ,-,

-

,-,

' 1

I I I I I I I I I

' - ""

, _ ,

f

\\ 1 I

\ \

1 I

\ '

I I

/ /

~ ~ ~ ~ ~ ~ ~ ~ : ;

l

/

/ ' '

/

,-, ' ,

I ~ _ /

\ \

,

I 1

,-,

,-,

I \

: I

I G I '

I

\ \ ,_ , ,_ ,

1

\

I I

\ \ I I

< ..._

'

----///

. ...

.I

1111111 11111111 1

1

1

FIG 10

,,-------

- -

-

.... - - - - -- .=::::::=

::=:

I

=

~

FIG 12

I

- .l - - - - -

L -

,-,

• '

US D700 892 S

:j',

I c c Ill·

. II IL llillllllll i

I

;Il

FIG



U S Patent

Mar. 11 2014 Sheet 6 of 12

,

I

I

I I

I I

I I

I I

: I

,

I

I I

I I

I I

I I

I I

I I

FIG. 13

1111l m

·11

. l i l l l i l l l i l l i l l l l l l l l : ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ,

FIG. 14

US D700 892 S



U s atent

, ,

,,

,,

•

,,

, :

•

.,

•

,

,,

,,

/I_

FIG. 15

Mar. 11,2014

- · .

Sheet 7 o£12

V D700 892 S

FIG.

16



U.S. Patent

Mar. 11,2014

Sheet 8 o

12

. ·

• ·

r j

I I

I I

I I

1 1

I 1,- - - - -1 -

1 \

.J

1 -

FIG 17

J T \

_ - _______

-

.. .

• ·

..-.

•--

FIG 18

r j

I I

_

•

I I

· ·

-

- -

-

--

r - ==-======

• ·

-

US D700,892 S



U.S.

atent

-

Mar.11,2014

Sheet 9 of12

---------- -

I

...

_________

_

,.-------

·--------

: \

--

I I --

1 I I I I l

I I I I I I

I I I I

1 :

: I : : : I

I I I I I I

I : : : I :

FIG 19

1

I

- - ~

I I

- - ~

t I I I I

1

I : : : I

: I I 1 :

I I I 1 I

I I I I I

I : : : I

FIG

2

illllllll11,111illii11

1

HH illlllllilill ~ ~

Ill

1:111 11

, ", ' "',,

1111111111111111

11

' ~ ' ' ' 11111

ollllililllllllllllllllllllll,

i

tllll1l

I : : : I :

: : : : :

I I I 1 I I

I I I 1 I I

I I I I I

1

~ _ J : :

_

J

FIG

21

I I

_

US D700,892 S





U.S. Patent

Mar. 11 2014 Sheet of

2

US D700 892 S

{- l1

I I

_J

._

Ill 1 1111

I

'II"_ I l l ~ 1 1 ~ 1 1 1 , 1 1 1 ~ ~ 1 1 1 1 1 1 ,

111111111

11'1,111 <,c:

0

c>

1

lllil

I

I l'' / II I

I

1.• r i f i ) · D l i ~ ~ = = - - : ,

Ill'

, I ,. ,,

II'

I

< : ~ ~ - - ~ - ~ :

:>,>

I

I

ill

11:111111111

lllllllllllliidllllllllllllil

1

illill

FIG 24

=======

t::::::::

,--------

=====

... --------

:::::::::::::::

I

=

..

________

-=

FIG 26

1

1 ::. l111

1

illllll''ul·llllllllllllllll"''.ll lli' J'I

1

II IIJ

II ·_

11

11

1

1 'l[l

tll I 0 ~ ~ ~ 0

11)11

I

I - , , -

II·

ir··· \

-

\

I d

I II \

\

i II

ill

II

- . -

I

IIIIi

I

'

:,,

illln lllllli llllllllll" 11111111111

FIG 25



U S Patent

Mar. 11 2014

Sheet

12

of

12

- -

-

I I I I I I

I I I I I I

I I I I I I

I I I I I I

I I I I I I

I I I I I I

I I I I I I

I I I I I I

FIG. 27

·

1

1

1 1 1 1

l i l l l l l l l l l l - ~

ll 1 ~ ~ ~ ~ ~

lilli iill

liilllilllllll llillllllllllllllllllllllllllill

I I I I t I

I I I I I I

f

I I I I I

I I I I

t

I

I I I I I I

I I I I I I

I I I I t I

I I I I I I

'-

_

_

FIG. 28

US D700 892 S



CH RGE Y UR





FA..Q.

IN NEWS CONTACT

US

I

TLET

EE

ng your bonel

Order ow

- -

IV

ISA

. 1

::J

OR LL 3 1 800 592 0455







YIAJiiV

ONSIJMEII PRODUCTS Got OIIP

• Mt WIUC - . ~ ~ D e U T M I I I I

Nil& • Nl ' f iCWIUl .. • l l i t t l rMI II

- - ... 41

(

-.·

- J

PRODUCT DESCRIPTION

. @ ·'

R L.IM<

..

-J._

SOCKET CEIUE

- -

lUt

JIU

9DJI1

•

Joodl

....

. .

. . . . . -

ov..

. .

..,-10<z,...

~ .....

l i l

. . .

-

.. .._

S o x l o d C O I I I I O < > l i M l l i l f t , . , . . . . , . , . . I I I I _

. . . , . < U r g l r g i O d < ~

G J " ' i V C < J ~ _ , . . , . . ~ I n ' l l l l l

- . o y w r O I > l f Q r

llf

rooma11ll:

fDt.

SIIJ

r . . a

a ~ t

cntromJ•

pw

to:r. .

WMJ

;asa

Cf\IJDI

,al atflnrt "fiNIIISi c r 1 D t ~ Mtlillti.l'f.lldlra. tT IlrRI

.414

n

lWft

l t«Ufkl l i iCMBi' l

tNM:i i Thil: SodaltCiftl.iiJOhUtJSioi\IDI

Gri11C

alllltDChrQt l:ld.uoN I f,tl.l'\'1: IIIGIIII: DMtM,

-t1U

1\Md N:

Dc;;atC.Nt.

ICEB'

vtiUA

ourt..E1S Fl& WHILE

VIIIIA CE\IICB

· U IIDMCG

· PHcm:i

·HLI.CERS

-T.w..£TS





YI HIV

ONSUMER PROOOCTS GltOIJP

>OR

T <;

HOM£ I >[R$'- IW.

CAR£

I PIST CJNTROL I P[l

PQODUCT>

I RtfllLS 1

R£;>L A CI:

MW T

>

I GinS 0 1 ~ SI.L[

lflliiO

•

Jll ftCMIUC

•MeiSTIDI

I

* l i • ~ l ' t l C I I I U C •

•I6C:tlr. IDII5

<

...

- :;;

- ,_

..

,

m

.

..

PRODUCT DESCRIPTION

SOCKET GENIE

- -

1U9

-

nao-

·-2 ..

, -

0 U -

~

- '

2 . . .

0

No,

netll1JIIotmo

-

l k S O < l o J I

C O & I I '

t h a t i l t t , ' ' ' - · • a o l l l l h D - r \ J I C O I I O O f \ ' W o o • - ' I I D l o ~ l l l l Q I O d l n - 1 1 1 1 < ' - J U l l t / > 0 1 * 1 •

'fiO<WTI

a IU '-1 l<dllnQ-W(IIInontDflli7N ·

riiiJ

ID

•-0<11...

-OIId Nf'III • IOit lwl l

t l l l t I

O O- >11<

. . . .

' ' .t.ldn

~

J10rU

aa

DI(JIIf i

_,tnt

n t

So:ldalt

C.r•t

..

0

tw

US8

tNQI

or

Slldll

to

~

21011110n1

1

,.a.a·\ 8

OX

1

riDIIt : A U t ~ .

pt lU

11M1S

lit

SCde8tWiHt

I(IEP 'lll

UA ot/TIETS miE W141L.E CHMQtf; YIIIIA

O£VICES

•

S B D ~ I C E S

• Ptli:14ES

•

HI£OI:ERS

•

TAIIUTS



,.-, ·:

I

I

•

I

I

;<..; :;_. :._

•

n



@thingCHARGER

Home Design Story FAQs GET YOURS

Share this:

Follow

Us: j

0

II

Will it Charge All y Things?

708,221

USD

2,833

GET YOURS

II

1 Awesome th ingCH RGER $29.95

'

Choose Get 1

Free '

• •

-

Choose 5 Get 2 Free

'

Choose 7 Get Free

'



JS 44C/SDNY

REV. 4/2014

~ ~ ~ r

·

CIVILCOVERSHt

C V

~ § J s

The JS-44

c v

cover sheet and the mformallon

conta1ned

herein neither replace nor supplement the filing

~ i ' ? r

,

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 use

of

the Clerk

of

Court for the purpose

of

initiating the civil docket sheet.

PLAINTIFFS

THINGCHARGER. INC. and

P3

INTERNATIONAL CORP.

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER

James A. Power Jr

Power Del Valle LLP

233 W 72nd St, New York, NY 10023

212,877-0100

a

DEFENDANTS

VIATEK CONSUMER PRODUCTS GROUP, INC.,

VIATEK INTERNATIONAL, LLC, and

FOSHAN UM ELECTRONICS CO., LTO

ATTORNEYS (IF KNOWN)

CAUSE OF ACTION

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)

Design patent infringement 35 USC 271, 289; False designationor origin, 15 USC 1125(a)

Has this action. case, or proceeding, or one essentially the same been previously filed in SONY at any time? Nil lesiJJudge Previously Assigned

If yes, was this case Vol. D lnvol. D Dismissed. No Yes D If yes, g ive date & Case No.

Is THIS AN INTERNATIONAL ARBITRATION CASE7

No

Yes D

PLACEAN {x} IN

ONE

BOXONLY)

CONTRACT

I

1110

I 1120

I

1130

I

1140

[ 1150

[ 1151

[ 1152

I 1153

[

11

60

[ 1190

[ 1195

INSURANCE

MARINE

MILLER ACT

NEG

OT

IABLE

INSTRUMENT

RECOVERY OF

OVERPAYMENT

&

ENFORCEMENT

OF JUDGMENT

MEDICARE ACT

RECOVERY OF

DEFAULTED

STUDENT LOANS

(EXCL VETERANS)

RECOVERY OF

OVERPAYMENT

OF VETERAN'S

BENEFITS

STOCKHOLDERS

SUITS

OTHER

CONTRACT

CONTRACT

PRODUCT

LIABILITY

I 11

96 FRANCHISE

REAL PROPERTY

I

1210 LAND

CONDEMNATION

[ 1220 FORECLOSURE

[ 1230 RENT LEASE

&

EJECTME

NT

I

1240 TORTS

TO

LAND

[ 1245 TORT PRODUCT

LI

AB

ILI

TY

I

1290

ALL OTHER

REAL PROPERTY

TORTS

PERSONAL INJURY

[ 1310 AIRPLANE

[ I 315 AIRPLANE PRODUCT

LIABILITY

[ 1320 ASSAULT, LIBEL

&

SLANDER

[ I 330 FEDERAL

EMPLOYERS'

LIABILITY

[ ] 340 MARINE

[ ] 345 MARINE PRODUCT

LIABILITY

[ ] 350

MOT

OR VEHICLE

[ ] 355 MOTOR VEHICLE

PRODUCT LIABILITY

[ ] 360 OTHER PERSONAL

INJURY

[ 1362 PERSONAL INJURY

MED

MALPRACTICE

ACTIONS UNDER STATIJTES

CIVIL

RIGHTS

[ ] 440 OTHER C

NIL

RIGHTS

(Non-Prisoner)

[ 1441 VOTING

[ ]

44

2 EMPLOYMENT

[ ] 443 HOUSING/

ACCOMMODATIONS

[ ] 445 AMERICANS WITH

DISABILITIES -

EMPLOYMENT

[ 1446 AMER ICANS WITH

DISAB ILITIES -OTHER

[ ] 448 EDUCATION

Check i demanded in comp laint:

D

CHECK IF TH IS IS A CLASS ACTION

UNDER F.R.C.P. 23

NATURE OF SUIT

PERSONAL INJURY

FORFEITURE

/PENALTY

I ]

367 HEALTHCAREI

PHARMACEUTICAL PERSONAL [ 1625 DRUG RE LATED

INJURY/PRODUCT LIABILITY SEIZURE OF PROPERTY

[ 1365 PERSONAL INJURY 21 USC 881

PRODUCT LIABILITY

[ ] 368 ASBESTOS PERSONAL [ ]

690

OTH

ER

INJURY PRODUCT

LIABILITY

PERSONAL PROPERTY

I ] 370 OTHER FRAUD

I ] 371 TRUTH IN LENDING

[ ] 380 OTHER PERSONAL

PROPERTY DAMAGE

I ]

385 PROPERTY DAMAGE

PRODUCT LIABILITY

PRISONER

PETITIONS

[ ] 463 ALIEN DETAINEE

[ ] 510 MOTIONS TO

VACATE SENTENCE

28 usc 2255

[ I

530 HABEAS CORPUS

[ 1535 DEATH PENALTY

[ 1540 MANDAMUS & OTHER

PRISONER

CIVIL RIGHTS

[ I 550 CIVIL RIGHTS

[ ] 555 PRISON

CO

NDITION

[ 1560 CIVIL DETAINEE

LABOR

[ 1710 FAIR LABOR

STANDARDS ACT

[ ] 720 LABORIMGMT

RELATIONS

[ 1740 RAILWAY LABOR ACT

[ I 751 FAMILY MEDICAL

LEAVE ACT (FMLA)

[ ] 7

90

OTHER LABOR

LITIGATION

[ ] 791 EMPL RET INC

SECURITY ACT

IMMIGRATION

[ 1462 NATURALIZAT ION

APPLICATION

I 1

465 OT

H

ER

IMMI

GRAT

ION

ACTIONS

CONDITIONS OF CONFINEMENT

ACTIONS UNDER

STATIJTES

BANKRUPTCY

[ 14

22

APPEAL

28 usc 158

[ ] 423 WITHDRAWAL

28 usc 157

PROPERTY RIGHTS

[ ] 820 COPYRIGHTS

[) l830

PATENT

[ ] 840 TRADEMARK

SOCIAL SECURITY

[ 1861 HIA (

13

95ff)

[ ] 862 BLACK LUNG (923)

[ ] 863 DIW

C/DIWW

(405(g))

[ ] 884 SSID TITLE XVI

[ ] 865 RSI (405(g))

FEDERAL

TAX

SUITS

[ 1870 TAXES (U.S. Plaintiffor

Defendant)

[ ] 871

IR

S-THIRD PARTY

26

usc

7609

OTHER

STATUTES

375 FALSE CLAIMS

400 STATE

REAPPORTIONME

[ 1410 ANTITRUST

[ 1430 BANKS

&

BANKING

[ 1450 COMMERCE

[ 1460 DEPORTATION

[ I

470 RACKETEER INFLU

ENCED & CORRU

ORGANIZATION A

(RICO)

[ 1480 CONSUMER CRED

I

1490 CABLE/SATELLITE

[ 1850 SECURITIES/

COMMODITIES/

EXCHANGE

[

189

0 OTHER STATUTOR

ACTIONS

[ 1891 AGRICULTURAL AC

[ 1893 ENVIRONMENTAL

M

ATT

E

RS

[ 1895 FREEDOM OF

INFORMATION AC

[ I

896 ARBITRATION

[ I

899 ADMINISTRATIVE

PROCEDURE ACT/REV

APPEAL OF AGENCY D

I

I 950 CON

ST

ITUTIONA

STATE STAT

UT

ES

~ O s b ? ~ T _ ~ M THIS CASE IS RELATED TO A CIVIL CASE

NOW

PENDING IN S.D. N.Y

DEMAND . 0THER JUDGE _____________________ DOCKETNUMBER

Check

Y S

only i demanded in CO; .flaint

JURY DEMAND:

D

YES

LNO

NOTE: You must also submit at the time offiling the Statement of Relatedness form (Form



PLACE AN

x IN ONE BOX ONLY)

[R]

1 Original

Proceeding

D 2 Removed from D 3

State Court

D

a. au parties represented

Remanded

from

Appellate

Court

ORIGIN

0

4 Reinstated or

Reopened

0 5

Transferred from

D 6

Multidistrict

(Specify District) Litigation

D 7 Appeal to Dis

Judge from

Magistrate Ju

Judgment

0 b. At least one

party

is

pro

se

PLACE AN

x

IN

ONE BOX ONLY) BASIS OF JURISDICTION

0

1

U.S.

PLAINTIFF

0

2 U.

S.

DEFENDANT

[R

3

FEDERAL QUESTION

4

DIVERSITY

U .S. NOT A PARTY)

IFDIVERSITY,

INDICATE

CITIZENSHIP

BELOW.

CITIZENSHIP OF PRINCIPAL PARTIES FOR DIVERSITY CASES ONLY)

(Place

an

[X]

in one

box for Plaintiff

and one

box for Defendant)

PTF DEF

PTF DEF

CITIZEN OF THIS STATE

[ ]1 [ ]1

CITIZEN

OR

SUBJECT OF A

FOREIGN COUNTRY

PTF DEF

[ ]3 [ ]3

INCORPORATED and PRINCIPAL PLACE [

]5

[

]5

OF BUSINESS

IN

ANOTHER STATE

CITIZEN OF ANOTHER STATE [ ]2 [ ]2 INCORPORATED or PRINCIPAL PLACE [ ]4 [ ]4

FOREIGN NATION

OF BUSINESS IN THIS STATE

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

P3 International Corp., 132 Nassau

St,

New York (New York Co), New York 10038

ThingCHARGER, Inc., 1 Grandview Avenue, Cornwall-on-Hudson (Orange Co), New York, NY

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

Viatek Consumer Products Group, Inc.,

6011

Century Oaks Drive, Chattanooga, Tennessee

Viatek International LLC, 6011 Century Oaks Drive, Chattanooga, Tennessee

[ ]6 [ ]6

Fashan UM Electronics Co., Ltd., Rm 228, Daxan Business Plaza, Luopo St, Panyu, Guanzhou, China

DEFENDANT(S) ADDRESS UNKNOWN

REPRESENTATION

IS

HEREBY

MADE THAT,

AT

THIS

TIME, I HAVE

BEEN

UNABLE,

WITH

REASONABLE DILIGENCE,

TO

ASCERTAIN

RESit:tENCE ADDRESSES OF

THE

FOLLOWING DEFENDANTS:

Check

one: THIS ACTION

SHOULD

BE

ASSIGNED

TO: 0

WHITE PLAINS

DO

NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS

~ M A N H A T T A N

COMPLAINT.)

D A T E J a n 8 ~ U R ~ 8 F A T T ~ Y O F R E C O R D

l ~ ~

__

RECEIPT

ADMITIED

TO

PRACTICE IN THIS DISTRICT

[ ] O

[X]

YES (DATE ADMITTED

Mo

.

O_c_t Yr.

1984

Attorney Bar Code JP8491

Magistrate Judge is to be designated by

the

Clerk of the

Co

l{

1 , : ;

- ~ : : ;

·,

i , C ~

.

. ~ ;

'_.

:

•

•• ~

-

Magistrate J u d g e ~ ~

is

so Designated.

Date post:	01-Jun-2018
Category:	Documents
Upload:	sarah-burstein
View:	223 times
Download:	0 times

ThingCharger v. Viatek - Complaint

Documents