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  • Tristar Prods. v. Tekno - Complaint

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    Sarah Burstein
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    Tristar Products filed a patent infringement lawsuit against Tekno Products in United States District Court. Tristar alleges that Tekno is infringing on Tristar's design patent for a square pan through Tekno's "Copper Cook Square Pan Set." Tristar requests that the court find Tekno liable for infringement, issue an injunction preventing further infringement, award damages and costs to compensate for past infringement, and order the recall and destruction of infringing products. Tristar asserts the court has jurisdiction over this action and that venue is proper because Tekno conducts business and sells the allegedly infringing products in the district.

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    Tristar Prods. v. Tekno - Complaint

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    Tristar Products filed a patent infringement lawsuit against Tekno Products in United States District Court. Tristar alleges that Tekno is infringing on Tristar's design patent for a square pan through Tekno's "Copper Cook Square Pan Set." Tristar requests that the court find Tekno liable for infringement, issue an injunction preventing further infringement, award damages and costs to compensate for past infringement, and order the recall and destruction of infringing products. Tristar asserts the court has jurisdiction over this action and that venue is proper because Tekno conducts business and sells the allegedly infringing products in the district.

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    © All Rights Reserved
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    140 views15 pages

    Tristar Prods. v. Tekno - Complaint

    Uploaded by

    Sarah Burstein
    Tristar Products filed a patent infringement lawsuit against Tekno Products in United States District Court. Tristar alleges that Tekno is infringing on Tristar's design patent for a square pan through Tekno's "Copper Cook Square Pan Set." Tristar requests that the court find Tekno liable for infringement, issue an injunction preventing further infringement, award damages and costs to compensate for past infringement, and order the recall and destruction of infringing products. Tristar asserts the court has jurisdiction over this action and that venue is proper because Tekno conducts business and sells the allegedly infringing products in the district.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 15

    Case 1:16-cv-00681 Document 1 Filed 12/30/16 Page 1 of 5 PageID #: 1

    IN THE UNITED STATES DISTRICT COURT


    FOR THE DISTRICT OF RHODE ISLAND

    TRISTAR PRODUCTS, INC.,


    Plaintiff,
    v.

    C.A. No. _______________________

    TEKNO PRODUCTS INC.,

    JURY TRIAL DEMANDED

    Defendant.

    COMPLAINT
    Plaintiff, Tristar Products, Inc. (Plaintiff or Tristar), brings this action against
    defendant Tekno Products Inc. (Defendant or Tekno), and in support thereof avers the
    following:
    PARTIES
    1.

    Tristar is a Pennsylvania corporation that maintains its principal place of business

    at 492 Route 46 East, Fairfield, New Jersey 07004.


    2.

    Tristar is the assignee of U.S. Patent No. D772,641 (the 641 patent), protecting

    the design of a pan for use in cooking. Tristar utilizes the design that is protected by the 641
    patent in its highly successful COPPER CHEF square pan. The COPPER CHEF pan has been
    the subject of extensive promotion and has attained immense success in the marketplace. A copy
    of the 641 patent is attached as Exhibit A.
    3.

    On information and belief, Tekno is a New Jersey corporation with its principal

    place of business at 301 NJ-17, Rutherford, New Jersey 07070.

    Case 1:16-cv-00681 Document 1 Filed 12/30/16 Page 2 of 5 PageID #: 2

    4.

    On information and belief, Tekno is a direct competitor to Tristar and has

    launched a Copper Cook Square Pan Set that is a direct knockoff of the genuine COPPER
    CHEF product despite Tekno having no right to use the design protected by the 641 patent.
    5.

    A side-by-side comparison of the products reveals the extent to which Tristars

    protected design has been appropriated by Tekno and the infringing nature of the Tekno
    product1:
    Genuine Tristar
    COPPER CHEF
    Product

    Tekno Copper Cook Product

    Design of 641 Patent

    JURISDICTION AND VENUE


    6.

    This is an action for patent infringement based upon and arising under the patent

    laws of the United States 35 U.S.C. 101 et seq., including 271, 281, 283, 284, 285.
    7.

    This Court has jurisdiction over this action pursuant to 28 U.S.C. 1331 (federal

    question), and 1338 (patent actions).


    8.

    This Court has personal jurisdiction over Defendant and venue is proper under 28

    U.S.C. 1391(b) and (c) and 1400(b). Tekno has committed acts of infringement in this
    District, and this action arises from those acts. Upon information and belief, Tekno has regularly
    engaged in business in this State and District and purposefully availed itself of the privilege of
    1

    Although the design is depicted in black and white in the 641 patent as issued, the specification makes
    clear that the application for the patent included a colored depiction of the design.

    Case 1:16-cv-00681 Document 1 Filed 12/30/16 Page 3 of 5 PageID #: 3

    conducting business in this District, for example, by offering for sale and selling the Accused
    Product in this District.
    THE PATENT INFRINGED
    9.

    On November 29, 2016, inventors Keith Mirchandani and Mo-Tsan Tsai were

    duly and legally issued United States Letters Patent D772,641 for an ornamental design entitled
    PAN.
    10.

    Plaintiff is the co-owner by assignment of all rights, title, and interest in and to the

    641 patent with standing to enforce said patent, and is the co-owner thereof with Ke M.O.
    House Co., Ltd.
    11.

    Upon information and belief, Tekno has infringed, and continues to infringe, the

    641 Patent.
    COUNT I - PATENT INFRINGEMENT
    12.

    Upon information and belief, Tekno has infringed, and continues to infringe, the

    641 Patent, in violation of 35 U.S.C. 271(a) by making, using, offering for sale, selling and/or
    importing, within this judicial district and elsewhere in the United States, without license or
    authority from Plaintiff, products that fall within the scope of the 641 Patent, including at least
    the Copper Cook Square Pan Set.
    13.

    Upon information and belief, Tekno has actively induced and is actively inducing

    infringement of the 641 Patent in violation of 35 U.S.C. 271(b), by actively and knowingly
    aiding and abetting others to directly make, use, offer for sale, sell and/or import within this
    judicial district and elsewhere in the United States, without license or authority from Plaintiff,
    products falling within the scope of the 641 Patent, including at least the Copper Cook Square
    Pan Set.

    Case 1:16-cv-00681 Document 1 Filed 12/30/16 Page 4 of 5 PageID #: 4

    14.

    Plaintiff has and will continue to be injured by Teknos past and continuing

    infringement of the 641 Patent and is without adequate remedy at law.


    15.

    Upon information and belief, unless enjoined, Tekno will continue to infringe the

    641 Patent, and Plaintiff will suffer irreparable injury as a direct and proximate cause of
    Teknos conduct.
    DEMAND FOR RELIEF
    WHEREFORE, Tristar respectfully requests that this Court enter judgment in its favor
    and against Tekno Products Inc., and that it grant Tristar the following relief:
    (a)

    A judgment under 35 U.S.C. 271 that Tekno product infringes the 641

    (b)

    An order under 35 U.S.C. 283 preliminarily and permanently enjoining

    patent;

    Tekno from infringing the 641 patent;


    (c)

    An award of damages under 35 U.S.C. 284 adequate to compensate

    Tristar for Teknos infringement of the 641 patent and an accounting to determint the proper
    amount of such damages;
    (d)

    Enhanced damages as a result of Teknos willful, wanton, and deliberate

    acts of infringement;
    (e)

    An award pursuant to 35 U.S.C. 284 of costs, prejudgment, and post-

    judgment interest on Tristars compensatory damages;


    (f)

    An award pursuant to 35 U.S.C. 285 of Tristars attorneys fees incurred

    (g)

    An order directing the recall and destruction of any and all existing Tekno

    in this action;

    products that infringe the 641 patent; and

    Case 1:16-cv-00681 Document 1 Filed 12/30/16 Page 5 of 5 PageID #: 5

    (h)

    Such other and further relief as this Court deems just and proper.
    JURY DEMAND

    Plaintiff demands a trial by jury on all issues presented in this Complaint.

    Dated: December 30, 2016

    Respectfully submitted,
    PLAINTIFF TRISTAR PRODUCTS, INC.
    By its attorneys,
    /s/ Jeffrey K. Techentin
    Jeffrey K. Techentin [No. 6651]
    [email protected]
    ADLER POLLOCK & SHEEHAN P.C.
    One Citizens Plaza, 8th Floor
    Providence, RI 02903
    Tel: 401-427-6147
    Fax: 401-351-4607

    5
    848371.v1

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