SCG v. Telebrands - Complaint
SCG v. Telebrands - Complaint
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Plaintiff,
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v.
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TELEBRANDS CORP.,
TELEBRANDS CORPORATION,
and AJIT KHUBANI,
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Case No.
COMPLAINT FOR PATENT
INFRINGEMENT, TRADE DRESS
INFRINGEMENT AND DILUTION,
AND UNFAIR COMPETITION;
DEMAND FOR JURY TRIAL
Defendants.
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JURISDICTION AND VENUE:
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1.
Plaintiff files this action for patent infringement arising under the
This Court has subject matter jurisdiction over the claims under 28
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the acts giving rise to this complaint, within this judicial district. In addition, on
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ATTORNEYS AT LAW
LOS A NGELES
AFDOCS/11634440.1
COMPLAINT
information and belief, Telebrands has purposefully directed its activities in this
residents and/or have an impact on the State of California. Therefore, this Court
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(c) because a substantial portion of the acts or omissions giving rise to this
complaint were committed within this judicial district. Venue is additionally proper
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THE PARTIES:
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place of business at 10100 Santa Monica Boulevard, Suite 500, Los Angeles,
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California, 90067. SCGs sister company Saban Brands is one of the most
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intellectual property, including Power Rangers, Julius, Jr., Digimon, Paul Frank,
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Emojiville, Macbeth, Mambo, and Popples, which is the subject of the present
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complaint. SCG owns all intellectual property rights associated with Popples.
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television, on the Internet, and in stores. Telebrands has its principal place of
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informed and believes that Telebrands has done and continues to do business in
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numerous districts throughout the United States, including, but not limited to, the
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the State of New Jersey, residing at 55 Chestnut Ridge Road, Saddle River, New
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AFDOCS/11634440.1
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Jersey 07458. Mr. Khubani is the owner, Chief Executive Officer, and President of
the products that are the subject of the present complaint. SCG is informed and
believes that Mr. Khubani personally acted, approved, or ratified each of the
wrongful acts alleged below and therefore is personally liable for each.
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reference.
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Patents). The Patents are attached hereto as Exhibit A. These patents are
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line of Ball Pets transformable toys that applies the patented designs or colorable
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A RENT F OX LLP
ATTORNEYS AT LAW
LOS A NGELES
AFDOCS/11634440.1
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COMPLAINT
D468,372
D468,781
D469,479
D484,927
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A RENT F OX LLP
ATTORNEYS AT LAW
LOS A NGELES
AFDOCS/11634440.1
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COMPLAINT
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designing, making, using, offering for sale, and selling its knockoff transformable
toys, Telebrands has infringed, induced, or contributed to the infringement of the
Patents.
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ATTORNEYS AT LAW
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AFDOCS/11634440.1
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COMPLAINT
market, and the similarity of Telebrands knockoffs to the patented Popples design
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Court, Telebrands will continue to engage in such acts to the irreparable damage
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accounting.
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reference.
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features. These features include the ability for the character to transform into a ball
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toy; the use of brightly colored fur and exaggerated anatomical features; the use of
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contrasting color pads on the feet, hands, and ears; and the exclamatory posture
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when the toy is in the open position. The unique look of Popples has acquired
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secondary meaning among consumers and has become famous, allowing consumers
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observing the products to identify that trade dress as indicating a high quality
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A RENT F OX LLP
ATTORNEYS AT LAW
LOS A NGELES
AFDOCS/11634440.1
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COMPLAINT
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Popple
Ball Pets
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trade dress design and in promoting products and services using this design.
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Popples have been promoted in numerous media since the 1980s, including a
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SCG as the source of its products/services and to establish a symbol of quality and
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trade dress, Telebrands has closely mimicked it. Telebrands knockoff products are
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confusingly similar to SCGs Popples. As such, they infringe SCGs trade dress
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rights, and lead consumers to falsely believe that Telebrands infringing Popples
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either originate from or are somehow associated with SCG. Further, the presence
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ATTORNEYS AT LAW
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AFDOCS/11634440.1
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COMPLAINT
goodwill and reputation and loss of sales. The exact amount of SCGs damages
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dilution has been willful. Popples enjoy longstanding and widespread fame in the
toy market, and the similarity of Telebrands knockoffs to the famous Popples
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Court, Telebrands will continue to engage in such acts to the irreparable damage
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(Unfair Competition)
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reference.
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goodwill, a market for the patented inventions based on the Patents, and a strong
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Telebrands has wrongfully diverted and secured sales, monies, and profits that
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marketing representations have unfairly competed with plaintiff under the Lanham
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Act, California Business and Professions Code section 17200, and the common law.
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follows:
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a)
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officers, agents, servants, and employees, and all persons in active concert or
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participation with them, during the pendency of this action and thereafter
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ATTORNEYS AT LAW
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AFDOCS/11634440.1
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COMPLAINT
b)
Telebrands, after a full accounting of all damages that SCG has suffered as a
reasonable royalty;
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interest;
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e)
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and
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f)
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Dated:
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A RENT F OX LLP
ATTORNEYS AT LAW
LOS A NGELES
AFDOCS/11634440.1
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COMPLAINT
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JURY DEMAND
SCG demands a trial by jury on all issues so triable.
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Dated:
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A RENT F OX LLP
ATTORNEYS AT LAW
LOS A NGELES
AFDOCS/11634440.1
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COMPLAINT