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2 COMPLAINT FOR PATENT INFRINGEME

claimed in United States Design Patent No. D642,743 (the 743 Patent or the patent-in-suit

entitled Cosmetic Holder including the right to sue for past infringement. Defendant has used an

continues to use Z Produxs patented designs in products that it makes, uses, sells, and offers to se

without Z Produxs permission. Z Produx seeks damages and/or a disgorgement of Defendants tot

profits for patent infringement and an injunction preventing Defendant from making, using, selling,

offering to sell, and from inducing others to make, use, sell, or offer to sell Z Produxs patente

designs without permission.

JURISDICTION & VENUE

2. This is an action for patent infringement arising under the patent laws of the UniteStates, 35 U.S.C. 1, et seq. The Court has original jurisdiction over this patent infringement actio

pursuant to 28 U.S.C. 1331, 1338(a).

3. This Court has personal jurisdiction over Defendant and venue in this judicial districtproper because, on information and belief, Defendant engages in continuous and systematic busine

within the United States and within this judicial district and/or Defendant has placed infringin

products into the stream of commerce by selling and/or offering to sell products into the United Stat

and this judicial district with knowledge that such products would be shipped into and/or used in th

United States and this judicial district.

PLAINTIFF Z PRODUX

4. Z Produx is a corporation organized and existing under the laws of the State oCalifornia, with its principal place of business in Sherman Oaks, California.

5. Z Produxs Z Palette product line was conceived and designed by Zena Shteysel,make-up artist who has worked with Laila Ali, Mel B., Kelly Osbourne, Melissa Joan Hart, an

Brooke Burke to name a few. An image of the Z Palette Black Large Palette appears below:

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3 COMPLAINT FOR PATENT INFRINGEME

6. Z Produxs designs are embodied in the line of Z Palette products, which acustomizable empty makeup palettes which have an open bottom to fit the colorpans that the us

chooses. Z Produxs Z Palette line is sold online on its website, www.zpalette.com, and at retaile

such as Alcone LLC, Naimies Beauty Supply, Beauty.com, Cinema Secrets, Makeup Mania, Nige

Beauty Supply, MakeupGeek.com and Frends Beauty Supply.

7. Z Produx launched its Z Palette line in May 2009. Z Palette quickly becamesuccess, being touted as stylish and Z Greatest in beauty and make-up magazines. For example,

Palette was featured in the Spring 2010 issue of GenLux as GenLuxs Beauty Editors Picks.

Palette also appeared in America Salon in April 2011, Self Magazine in March 2011, Juic

Magazine in January 2011, Beauty Store Business in January 2011, yhc in July 2010, America Salo

in June 2010, Make-Up Artist in Issue #83 and in TTLRN in April 2010. Furthermore, the Z Palette

has been praised by Jennifer Grey, Laila Ali, Kate Gosselin, Chelsie Hightower, Brandy and other

Z PRODUXS DESIGN PATENTS

8. The United States Patent and Trademark Office issued the 743 Patent on August 2011. A copy of the 743 Patent is attached hereto as Exhibit A. Z Produx is the owner b

assignment of all right, title, and interest in the 743 Patent, including the right to sue for pa

infringement.

9. Z Produx has complied with the statutory requirement of placing a notice of the patenin-suit on all necessary products it manufactures and sells.

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4 COMPLAINT FOR PATENT INFRINGEME

DEFENDANT MAC

10. On information and belief, MAC is a corporation organized and existing under the lawof the State of Delaware, with its principal place of business in Melville, New York. Further, MAC

registered to do business in the State of California, maintaining as its agent for service of process CS

Lawyers Incorporating Service located at 2710 Gateway Oaks Drive, Suite 150N, Sacrament

California 95833.

MACS ACTS OF INFRINGEMENT

11. Defendant has used and continues to use the designs of the patent-in-suit in producthat it makes, uses, sells, and offers to sell, without Z Produxs permission, including, witho

limitation, Defendants Pro Palette Large/Single (having UPC 7-73602-23605-3) (the Knock-O

Palette). An image of the Knock-Off Palette appears below:

12. On information and belief, MAC intentionally designed the Knock-Off Palette to copthe design embodied by the patent-in-suit, in order to trade off of the innovative, patented designs th

are associated with Z Produxs Z Palette line of make-up palettes. The design of the Knock-Of

Palette is strikingly similar to the design of Z Produxs Z Palette line of make-up palettes and th

design embodied by the patent-in-suit.

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5 COMPLAINT FOR PATENT INFRINGEME

COUNT I

DESIGN PATENT INFRINGEMENT, 35 U.S.C. 271

13. Z Produx incorporates the allegations contained in paragraphs 1 through 12 as thougfully set forth herein.

14. MAC has been and, on information and belief, still is making, using, offering to seselling, and/or importing in the State of California, this judicial district and elsewhere in the Unite

States, Knock-Off-Palettes that infringe the 743 Patent in violation of 35 U.S.C. 27l(a).

15. On information and belief, MAC has been and is now indirectly infringing the 74Patent pursuant to 35 U.S.C. 271(b) and/or (c) by intentionally inducing infringement and/o

contributing to the infringement of the 743 Patent in the State of California, this judicial district, an

elsewhere in the United States by providing and/or selling the Knock-Off-Palettes to customers and/

users of those products.

16. On information and belief, MACs infringement has been intentional and willfumaking this an exceptional case.

17. Z Produx has been damaged and injured by Defendants infringement of the 74Patent. Because of its infringing acts and for its unauthorized use of the inventions claimed in th

743 Patent, Defendant is liable to Z Produx for damages in an amount no less than a reasonab

royalty.

18. By reason of MACs infringement, Z Produx has suffered, and unless MACs conduis permanently enjoined, will continue to suffer, actual damages and irreparable harm, as to which

has no adequate remedy at law.

PRAYER FOR RELIEF

WHEREFORE, Z Produx respectfully requests that this Court:

1. Enter judgment in favor of Z Produx;

2. Permanently enjoin MAC and its predecessors, successors, divisions, subsidiaries,

joint ventures thereof, together with any and all parent or affiliated companies or corporations, and a

officers, directors, employees, agents, attorneys, representatives, those acting in privity or concer

with MAC, or on its behalf, from further infringing the 743 Patent, and from inducing others

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