WhatRU Holding v. Tentandtable - Com Et. Al.

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
WhatRU Holding, LLC, a Minnesota limited liability company,
) Court File No. _________________ ) ) Plaintiff, ) COMPLAINT ) v. ) ) JURY TRIAL DEMANDED Tentandtable.com, LLC, ) a New York limited liability company, and ) ABC Hardware & Rental, Inc., ) a New York corporation, ) ) Defendants. ) __________________________________________________ Plaintiff, WhatRU Holding, LLC, ("Plaintiff" or "WhatRU Holding") for its Complaint against Defendants Tentandtable.com, LLC ("Tentandtable") and ABC Hardware & Rental, Inc. (ABC) (collectively Defendants) alleges and states as follows: NATURE OF THE ACTION 1. This is an action for patent infringement under the patent laws of the United
States, 35 U.S.C. 100, et seq., including 35 U.S.C. 271; for copyright infringement under the Copyright Act of 1976, 17 U.S.C. 101, et seq.; for trade dress infringement under Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a); for false advertising under Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a); and for related claims under the laws of the State of Minnesota of deceptive trade practices under the Minnesota Uniform Deceptive Trade Practices Act, Minn. Stat. 325D.43, et seq., and common law unfair
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competition. The claims arise out of the Defendants actions with respect to certain products, as more fully described herein, owned, patented, and copyrighted by the Plaintiff. JURISDICTION AND VENUE 2. This Court has jurisdiction over the subject matter of this action pursuant to
28 U.S.C. 1331 and 1338(a) and (b), 15 U.S.C. 1121(a), and exclusive jurisdiction pursuant to 28 U.S.C. 1338(a) with respect to the Plaintiff's patent and copyright infringement claims. This Court has jurisdiction over the remaining state law claims pursuant to 28 U.S.C. 1367(a). 3. This Court has personal jurisdiction over Defendants because Defendants
have established minimal contacts with the forum. The Defendants have committed and continue to commit acts of direct and indirect patent, trade dress, and copyright infringement in this district. Therefore, the exercise of personal jurisdiction over the Defendants would not offend the traditional notions of fair play and substantial justice. 4. Venue is proper in this district pursuant to 28 U.S.C. 1391(b) and (c) and
1400(a) and (b). THE PARTIES 5. WhatRU Holding is a Minnesota limited liability company organized and
existing under the laws of the State of Minnesota, and it maintains its principal place of business at 10665 Alameda Avenue in Inver Grove Heights, Minnesota 55077. WhatRU Holding is engaged in the business of manufacturing and distributing inflatable tents and party accessories such as inflatable slides and bounce houses (or bouncers). WhatRU
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Holding is the sole assignee of the patent-in-suit, as defined below, and the owner of the copyrights, as defined below. 6. Defendant Tentandtable is a limited liability company organized and
existing under the laws of the State of New York, and maintains its principal place of business at 2845 Bailey Avenue in Buffalo, New York 14215-3242, and does business and has committed the acts complained of in the District of Minnesota. Tentandtable manufactures and markets inflatable party supplies, including slides and bouncy houses, covered under the patent-in-suit and the copyrights owned by WhatRU Holding. 7. Defendant ABC is a corporation organized and existing under the laws of
the State of New York, and maintains its principal place of business at 3336 Bailey Avenue in Buffalo, New York 14215. ABC is the owner of Defendant Tentandtable and does business and has committed the acts complained of in the District of Minnesota through the websites www.Tentandtable.com and www.Ebay.com. ABC manufactures and markets inflatable party supplies, including slides and bouncy houses, covered under the patent-in-suit and the copyrights owned by WhatRU Holding. WHATRU HOLDING'S '608 PATENT 8. On October 30, 2003, inventors Robert Field and Brian Field filed a patent
application in the United States Patent and Trademark Office ("USPTO") covering a novel inflatable bouncer. In response, the USPTO issued U.S. Patent No. 7,108,608 (the "'608 Patent"). A true and correct copy of the '608 Patent is attached hereto as "Exhibit A" and by reference is made a part hereof.
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9.
WhatRU Holding is the owner by assignment of all legal rights, title, and
interest in, to, and under the '608 Patent, including the right to bring suit for damages and injunctive relief for infringement thereof. WHATRU HOLDING'S COPYRIGHTS THE '471 COPYRIGHT 10. In 2002, Cutting Edge Creations, Inc. ("Cutting Edge") completed an
original work of an inflatable sculpture entitled "Carousel Bouncer," and first published said work in the United States on November 20, 2002. 11. "Carousel Bouncer" consists of an inflatable sculpture which is shaped to
resemble a circus carousel. 12. "Carousel Bouncer" has been registered with the United States Copyright
Office as Copyright Registration No. VA-1-201-471 (the "'471 Copyright"), having an effective date of registration of June 6, 2003. A true and correct copy of the '471 Copyright is attached hereto, marked as "Exhibit B" and by reference is made a part hereof. 13. On September 28, 2010, WhatRU Holding purchased the '471 Copyright
and all legal rights thereto. 14. WhatRU Holding is the owner of the '471 Copyright, and was and
continues to be the owner of all legal rights, title, and interest in, to, and under the '471 Copyright.
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THE '474 COPYRIGHT 15. In 1998, Cutting Edge completed an original work of an inflatable sculpture
entitled "Juke Box Money Machine," and first published said work in the United States on November 18, 1998. 16. "Juke Box Money Machine" consists of an inflatable sculpture shaped like
an old-fashioned "Wurlitzer" juke box. 17. "Juke Box Money Machine" has been registered with the United States
Copyright Office as Copyright Registration No. VA-1-201-474 (the "'474 Copyright"), having an effective date of registration of June 6, 2003. A true and correct copy of the '474 Copyright is attached hereto, marked as "Exhibit C" and by reference is made a part hereof. 18. On September 28, 2010, WhatRU Holding purchased the '474 Copyright
continues to be the owner of all legal rights, title, and interest in, to, and under the '474 Copyright. THE '525 COPYRIGHT 20. In 2000, Cutting Edge completed an original work of an inflatable sculpture
entitled "Tiger Belly Bouncer," and first published said work in the United States on November 22, 2000. 21. "Tiger Belly Bouncer" consists of an inflatable structure shaped to resemble
a large inflatable tiger lying on its back.

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22.
"Tiger Belly Bouncer" has been registered with the United States Copyright
Office as Copyright Registration No. VA-1-151-525 (the "'525 Copyright"), having an effective date of registration of October 30, 2002. A true and correct copy of the '525 Copyright is attached hereto, marked as "Exhibit D" and by reference is made a part hereof. 23. On September 28, 2010, WhatRU Holding purchased the '525 Copyright
continues to be the owner of all legal rights, title, and interest in, to, and under the '525 Copyright. THE '822 COPYRIGHT 25. In 1999, Cutting Edge completed an original work of an inflatable sculpture
entitled "Cash Vault Money Machine," and first published said work in the United States on November 17, 1999. 26. a bank vault. 27. "Cash Vault Money Machine" has been registered with the United States "Cash Vault Money Machine" consists of an inflatable sculpture shaped like
Copyright Office as Copyright Registration No. VA-1-240-822 (the "'822 Copyright"), having an effective date of registration of November 17, 2003. A true and correct copy of the '822 Copyright is attached hereto, marked as "Exhibit E" and by reference is made a part hereof.
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28.
On September 28, 2010, WhatRU Holding purchased the '822 Copyright
continues to be the owner of all legal rights, title, and interest in, to, and under the '822 Copyright. DEFENDANTS INFRINGING ACTIVITIES 30. At no time has WhatRU Holding authorized Defendants to offer for sale,
sell, use, or make the invention protected by the '608 Patent. 31. At no time has WhatRU Holding authorized Defendants to sell, adapt,
distribute, reproduce, or display and import into the United States the works which are the subject of the '471, '474, '525, and '822 Copyrights. 32. Defendants have and presently are offering for sale, selling, and distributing
in interstate commerce and importing into the United States certain products identified as "Carousel Bounce House" (Model Nos. DY-BH-CAROUSEL-20A and DY-BHCAROUSEL-20B), "Jukebox Cash Cube" (Model No. DY-IN-CASHJUKE-10A), "Tiger Belly Bounce House" (Model No. DY-BH-TIGBELLY-14A), "Safe Cash Cube" (Model No. DY-IN-CASHSAFE-10A), "Rainbow Cloud Slip-N-Slide Single" (Model No. DYSL-WETRSS-30C), "Rainbow Slip-N-Slide Single Bay" (Model No. CL-SL-TNTWSL008-A), "Rainbow Slip-N-Slide Single" (Model No. DY-SL-WETRSS-30A), "Rainbow Slip-N-Slide Double Bay" (Model No. CL-SL-TNT-WSL008-B), "Rainbow Slip-N-Slide Double" (Model No. DY-SL-WETRSS-30D), "Dog Combo" (Model No. DY-CO-DOG-19A), "Dog Combo Wet/Dry" (Model No. DY-CO-WDDOG-19A), "Dog
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Bounce House" (Model No. DY-BH-DOG-14A), Multi-Color Bounce House (Model No. DY-BH-MULTI-14A), "Single Slide Combo" (Model No. CL-CO-TNT-DSL002-A), Multi-Color Castle Bounce House (Model No. DY-BH-MCCAS-14A), Castle Club Combo (Model No. DY-CO-CASCLB-20A), "Double Slide Combo" (Model No. CLCO-TNT-DSL002-B), "Dog Belly Bounce House" (Model No. DY-BH-DOGBELLY14A), Safe Cash Cube (Model No. DY-IN-CASHSLOT-10A), Tropical Bounce House (Model No. DY-BH-TROP-14A), Twister Game (Model. No. DY-IN-TWIST14A), Delux Printed Castle Bounce House (Model No. DY-BH-PDLXCAS-14A), Pink Princess Combo (Model No. DY-CO-PNKPRIN-19A), and Crayon Bounce House (Model No. DY-BH-CRAYON-14D). Photographic depictions of these products are attached hereto, marked as "Exhibit F" through "Exhibit DD" and by reference made a part hereof. Defendants have and are presently offering for sale, selling, and distributing these products through Ebay.com and the on-line website, www.Tentandtable.com. COUNT I INFRINGEMENT OF THE '608 PATENT 33. WhatRU Holding realleges and incorporates by reference all of the
preceding paragraphs of this Complaint as though fully set forth herein. 34. Defendants have infringed the '608 Patent (Exhibit A) in violation of 35
U.S.C. 271(a). Particularly, Defendants have offered to sell and sold through Ebay.com and the website, www.Tentandtable.com, an inflatable bouncer called the Carousel
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Bounce House (Model Nos. DY-BH- CAROUSEL-20A and DY-BH-CAROUSEL-20B) (Exhibits F and G) as claimed in the '608 Patent. 35. Defendants have infringed the '608 Patent in violation of 35 U.S.C.
212(b). Such acts include, but are not limited to, Defendants offering to sell and selling the Carousel Bounce House as claimed in the '608 Patent. 36. Defendants have infringed the '608 Patent in violation of 35 U.S.C.
271(c). Particularly, Defendants offer to sell or sell within the United States and import into the United States a component of a composition claimed in the '608 Patent, knowing the same to be especially made or especially adapted for use in an infringement of the '608 Patent, and not a staple article or commodity of commerce suitable for a substantial non-infringing use. 37. WhatRU Holding has given notice to the public of the articles patented
under the '608 Patent in accordance with 35 U.S.C. 287(a). 38. Defendants infringing activities have been and continue to be knowing,
deliberate, willful and wanton, and in conscious disregard of WhatRU Holding's patented rights, making this an exceptional case within the meaning of 35 U.S.C. 285. 39. WhatRU Holding has sustained damages as a result of Defendants
infringing activities and will continue to sustain damages in the future unless the infringement of the '608 Patent is permanently enjoined by this Court. Such damages include lost profits, erosion of WhatRU Holding's pricing for its competing products and sales, and in any event, no less than a reasonable royalty. WHEREFORE, WhatRU Holding prays that this Court grant the following relief:
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A. B.
A judgment that Defendants have infringed the '608 Patent; An accounting for damages, and judgment thereon, resulting from Defendants infringement of the '608 Patent, together with prejudgment and post-judgment interest; A judgment that Defendants knowingly and willfully engaged in infringement of the '608 Patent, and the trebling of damages pursuant to 35 U.S.C. 284; A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all those persons in active concert or participation with them, enjoining them from continued actual infringement of the '608 Patent; A judgment holding this action to be an exceptional case and an award to WhatRU Holding for its attorney's fees and costs pursuant to 35 U.S.C. 285; and Such other and further relief as the Court deems just and equitable. COUNT II INFRINGEMENT OF THE '471 COPYRIGHT
C.
D.
E.
F.
40.
WhatRU Holding realleges and incorporates by reference all of the
preceding paragraphs of this Complaint as though fully set forth herein. 41. Defendants product identified as "Carousel Bounce House" (Model No.
DY-BH-CAROUSEL-20A) (Exhibit F) is identical or substantially similar to the work copyrighted by the '471 Copyright (Exhibit B) and constitutes an unauthorized copy or derivative work thereof. 42. Defendants have and are presently importing into the United States and
offering for sale in interstate commerce unauthorized copies or derivative works of WhatRU Holding's copyrighted work and have in fact sold and distributed such unauthorized copies of derivative works for financial gain.
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43. 44.
Defendants intentionally copied the subject matter of the '471 Copyright. Defendants have infringed and continue to infringe the '471 Copyright in
violation of 17 U.S.C. 106, 501(a), and 602(a) by distributing, selling, and displaying the copyrighted work and importing the copyrighted work into the United States. 45. Defendants have induced, caused, and materially contributed to the
infringement of the '471 Copyright in violation of 17 U.S.C. 106 and 501(a) and are, therefore, liable as contributory infringers. Such acts include, but are not necessarily limited to, Defendants offering to sell, selling, and distributing the copyrighted work or derivative work thereof to others to offer to sell, distribute, and display. 46. By reason of Defendants infringement of WhatRU Holding's copyright,
WhatRU Holding has sustained and will continue to sustain substantial and irreparable injury and loss, and has sustained and will continue to sustain damages. WHEREFORE, WhatRU Holding prays that this Court grant the following relief: A. B. A judgment that Defendants have infringed the '471 Copyright; A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all those persons in active concert or participation with them, enjoining them from infringing or contributorily infringing the '471 Copyright in any manner, directly or indirectly; A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all those persons in active concert or participation with them, enjoining them from copying, offering to sell, selling, importing, marketing, distributing, or placing in interstate commerce any versions, revisions or modifications of the work subject to the
C.
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'471 Copyright or any derivative works based thereon, including, but not limited to "Carousel Bounce House;" D. E. An accounting for all gains, profits, and advantages derived from their infringement of WhatRU Holding's copyright; A judgment in favor of WhatRU Holding and against Defendants in an amount equal to the damages sustained by WhatRU Holding and the profits earned by Defendants from the infringements alleged herein pursuant to 17 U.S.C. 504(b); A judgment in favor of WhatRU Holding and against Defendants for statutory damages pursuant to 17 U.S.C. 504(c)(1) and (c)(2); An order in favor of WhatRU Holding and against Defendants for the impounding and destruction of all infringing work pursuant to 17 U.S.C. 503; A judgment in favor of WhatRU Holding and against Defendants for attorney's fees and costs pursuant to 17 U.S.C. 505; and Such other and further relief as the Court deems just and equitable. COUNT III INFRINGEMENT OF THE '471 COPYRIGHT 47. WhatRU Holding realleges and incorporates by reference all of the
F. G.
H. I.
preceding paragraphs of this Complaint as though fully set forth herein. 48. Defendants product identified as "Carousel Bounce House" (Model No.
DY-BH-CAROUSEL-20B) (Exhibit G) is identical or substantially similar to the work copyrighted by the '471 Copyright (Exhibit B) and constitutes an unauthorized copy or derivative work thereof. 49. Defendants have and are presently importing into the United States and
offering for sale in interstate commerce unauthorized copies or derivative works of
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WhatRU Holding's copyrighted work and have in fact sold and distributed such unauthorized copies of derivative works for financial gain. 50. 51. Defendants intentionally copied the subject matter of the '471 Copyright. Defendants have infringed and continue to infringe the '471 Copyright in
WhatRU Holding has sustained and will continue to sustain substantial and irreparable injury and loss, and has sustained and will continue to sustain damages. WHEREFORE, WhatRU Holding prays that this Court grant the following relief: A. B. A judgment that Defendants have infringed the '471 Copyright; A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all those persons in active concert or participation with them, enjoining them from infringing or contributorily infringing the '471 Copyright in any manner, directly or indirectly; A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all those persons in active concert or participation
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C.
with them, enjoining them from copying, offering to sell, selling, importing, marketing, distributing, or placing in interstate commerce any versions, revisions or modifications of the work subject to the '471 Copyright or any derivative works based thereon, including, but not limited to "Carousel Bounce House;" D. E. An accounting for all gains, profits, and advantages derived from their infringement of WhatRU Holding's copyright; A judgment in favor of WhatRU Holding and against Defendants in an amount equal to the damages sustained by WhatRU Holding and the profits earned by Defendants from the infringements alleged herein pursuant to 17 U.S.C. 504(b); A judgment in favor of WhatRU Holding and against Defendants for statutory damages pursuant to 17 U.S.C. 504(c)(1) and (c)(2); An order in favor of WhatRU Holding and against Defendants for the impounding and destruction of all infringing work pursuant to 17 U.S.C. 503; A judgment in favor of WhatRU Holding and against Defendants for attorney's fees and costs pursuant to 17 U.S.C. 505; and Such other and further relief as the Court deems just and equitable. COUNT IV INFRINGEMENT OF THE '474 COPYRIGHT 54. WhatRU Holding realleges and incorporates by reference all of the
F. G.
H. I.
preceding paragraphs of this Complaint as though fully set forth herein. 55. Defendants product identified as "Jukebox Cash Cube" (Model No. DY-
IN-CASHJUKE-10A) (Exhibit H) is identical or substantially similar to the work copyrighted by the '474 Copyright (Exhibit C) and constitutes an unauthorized copy or derivative work thereof. 56. Defendants have and are presently importing into the United States and

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C.
with them, enjoining them from copying, offering to sell, selling, importing, marketing, distributing, or placing in interstate commerce any versions, revisions or modifications of the work subject to the '474 Copyright or any derivative works based thereon, including, but not limited to "Jukebox Cash Cube;" D. E. An accounting for all gains, profits, and advantages derived from their infringement of WhatRU Holding's copyright; A judgment in favor of WhatRU Holding and against Defendants in an amount equal to the damages sustained by WhatRU Holding and the profits earned by Defendants from the infringements alleged herein pursuant to 17 U.S.C. 504(b); A judgment in favor of WhatRU Holding and against Defendants for statutory damages pursuant to 17 U.S.C. 504(c)(1) and (c)(2); An order in favor of WhatRU Holding and against Defendants for the impounding and destruction of all infringing work pursuant to 17 U.S.C. 503; A judgment in favor of WhatRU Holding and against Defendants for attorney's fees and costs pursuant to 17 U.S.C. 505; and Such other and further relief as the Court deems just and equitable. COUNT V INFRINGEMENT OF THE '525 COPYRIGHT 61. WhatRU Holding realleges and incorporates by reference all of the
F. G.
H. I.
preceding paragraphs of this Complaint as though fully set forth herein. 62. Defendants product identified as "Tiger Belly Bounce House" (Model No.
DY-BH-TIGBELLY-14A) (Exhibit I) is identical or substantially similar to the work copyrighted by the '525 Copyright (Exhibit D) and constitutes an unauthorized copy or derivative work thereof. 63. Defendants have and are presently importing into the United States and

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C.
with them, enjoining them from copying, offering to sell, selling, importing, marketing, distributing, or placing in interstate commerce any versions, revisions or modifications of the work subject to the '525 Copyright or any derivative works based thereon, including, but not limited to "Tiger Belly Bounce House;" D. E. An accounting for all gains, profits, and advantages derived from their infringement of WhatRU Holding's copyright; A judgment in favor of WhatRU Holding and against Defendants in an amount equal to the damages sustained by WhatRU Holding and the profits earned by Defendants from the infringements alleged herein pursuant to 17 U.S.C. 504(b); A judgment in favor of WhatRU Holding and against Defendants for statutory damages pursuant to 17 U.S.C. 504(c)(1) and (c)(2); An order in favor of WhatRU Holding and against Defendants for the impounding and destruction of all infringing work pursuant to 17 U.S.C. 503; A judgment in favor of WhatRU Holding and against Defendants for attorney's fees and costs pursuant to 17 U.S.C. 505; and Such other and further relief as the Court deems just and equitable. COUNT VI INFRINGEMENT OF THE '822 COPYRIGHT 68. WhatRU Holding realleges and incorporates by reference all of the
F. G.
H. I.
preceding paragraphs of this Complaint as though fully set forth herein. 69. Defendants product identified as "Safe Cash Cube" (Model No. DY-IN-
CASHSAFE-10A) (Exhibit J) is identical or substantially similar to the work copyrighted by the '822 Copyright (Exhibit E) and constitutes an unauthorized copy or derivative work thereof. 70. Defendants have and are presently importing into the United States and

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C.
with them, enjoining them from copying, offering to sell, selling, importing, marketing, distributing, or placing in interstate commerce any versions, revisions or modifications of the work subject to the '822 Copyright or any derivative works based thereon, including, but not limited to "Safe Cash Cube;" D. E. An accounting for all gains, profits, and advantages derived from their infringement of WhatRU Holding's copyright; A judgment in favor of WhatRU Holding and against Defendants in an amount equal to the damages sustained by WhatRU Holding and the profits earned by Defendants from the infringements alleged herein pursuant to 17 U.S.C. 504(b); A judgment in favor of WhatRU Holding and against Defendants for statutory damages pursuant to 17 U.S.C. 504(c)(1) and (c)(2); An order in favor of WhatRU Holding and against Defendants for the impounding and destruction of all infringing work pursuant to 17 U.S.C. 503; A judgment in favor of WhatRU Holding and against Defendants for attorney's fees and costs pursuant to 17 U.S.C. 505; and Such other and further relief as the Court deems just and equitable. COUNT VII CAROUSEL BOUNCE HOUSE INFRINGEMENT OF TRADE DRESS 75. WhatRU Holding realleges and incorporates by reference all of the
F. G.
H. I.
preceding paragraphs of this Complaint as though fully set forth herein. 76. Subsequent to acquisition of secondary meaning by WhatRU Holding's
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Carousel Bounce House" product (Model No. DY-BH-CAROUSEL-20A) (Exhibit F) is substantially similar to the design, image, and overall appearance of
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WhatRU Holding's "Carousel Bouncer." A photographic depiction of this product is attached hereto, marked as "Exhibit FF" and by reference is made a part hereof. 77. Defendants "Carousel Bounce House" product (Exhibit F) identified herein
is directed to the same consumers as WhatRU Holding's "Carousel Bouncer" (Exhibit FF). 78. Defendants use of a trade dress that imitates or simulates the trade dress of
WhatRU Holding as set forth above is likely to cause confusion among members of the public and to cause them to mistakenly believe that Defendants products originate with or are produced, distributed, displayed, or sold in affiliation with, under license from, or with approval of WhatRU Holding. 79. Defendants use of confusingly similar trade dress is likely to and does
permit Defendants to misappropriate and unfairly trade upon the valuable good will and reputation of WhatRU Holding. 80. Defendants have infringed and continue to infringe the rights of WhatRU
Holding in its trade dress in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). Particularly, Defendants acts constitute false designation of origin, false and misleading descriptions, and false and misleading representations, which are likely to cause confusion, mistake, or deception as to affiliation, connection, or association of Defendants with WhatRU Holding, or as to the origin, sponsorship, or approval of Defendants products by WhatRU Holding. WHEREFORE, WhatRU Holding prays that this Court grant the following relief:
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A.
A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all persons in active concert or participation with them, enjoining them from using a trade dress in connection with the advertisement, promotion, offering for sale, selling, or distributing of any product that imitates or simulates WhatRU Holding's trade dress; A judgment in favor of WhatRU Holding and against Defendants in an amount equal to damages sustained by WhatRU Holding and the profits earned by Defendants from the infringement alleged herein pursuant to 15 U.S.C. 1117(a); A judgment that Defendants knowingly and willfully engaged in the infringement of WhatRU Holding's trade dress, and a trebling of damages pursuant to 15 U.S.C. 1117(a); A judgment holding this action to be an exceptional case and an award to WhatRU Holding for its attorney's fees and costs pursuant to 15 U.S.C. 1117(a); and Such other and further relief as the Court deems just and proper. COUNT VIII CAROUSEL BOUNCE HOUSE INFRINGEMENT OF TRADE DRESS
B.
C.
D.
E.
81.
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Carousel Bounce House" product (Model No. DY-BH-CAROUSEL-20B) (Exhibit G) is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Carousel Bouncer" (Exhibit FF).
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83.
Defendants "Carousel Bounce House" product (Exhibit G) identified
herein is directed to the same consumers as WhatRU Holding's "Carousel Bouncer" (Exhibit FF). 84. Defendants use of a trade dress that imitates or simulates the trade dress of
Holding in its trade dress in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). Particularly, Defendants acts constitute false designation of origin, false and misleading descriptions, and false and misleading representations, which are likely to cause confusion, mistake, or deception as to affiliation, connection, or association of Defendants with WhatRU Holding, or as to the origin, sponsorship, or approval of Defendants products by WhatRU Holding. WHEREFORE, WhatRU Holding prays that this Court grant the following relief: A. A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all persons in active concert or participation with them, enjoining them from using a trade dress in connection with the advertisement, promotion, offering for sale, selling, or distributing of
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any product that imitates or simulates WhatRU Holding's trade dress; B. A judgment in favor of WhatRU Holding and against Defendants in an amount equal to damages sustained by WhatRU Holding and the profits earned by Defendants from the infringement alleged herein pursuant to 15 U.S.C. 1117(a); A judgment that Defendants knowingly and willfully engaged in the infringement of WhatRU Holding's trade dress, and a trebling of damages pursuant to 15 U.S.C. 1117(a); A judgment holding this action to be an exceptional case and an award to WhatRU Holding for its attorney's fees and costs pursuant to 15 U.S.C. 1117(a); and Such other and further relief as the Court deems just and proper. COUNT IX JUKEBOX CASH CUBE INFRINGEMENT OF TRADE DRESS 87. WhatRU Holding realleges and incorporates by reference all of the
C.
D.
E.
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Jukebox Cash Cube" (Model No. DY-IN-CASHJUKE-10A) (Exhibit H) is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Jukebox Money Machine." A photographic depiction of this product is attached hereto, marked as "Exhibit GG" and by reference is made a part hereof. 89. Defendants "Jukebox Cash Cube" (Exhibit H) identified herein is directed
to the same consumers as WhatRU Holding's "Jukebox Money Machine" (Exhibit GG).
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90.
Defendants use of a trade dress that imitates or simulates the trade dress of
Holding in its trade dress in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). Particularly, Defendants acts constitute false designation of origin, false and misleading descriptions, and false and misleading representations, which are likely to cause confusion, mistake, or deception as to affiliation, connection, or association of Defendants with WhatRU Holding, or as to the origin, sponsorship, or approval of Defendants products by WhatRU Holding. WHEREFORE, WhatRU Holding prays that this Court grant the following relief: A. A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all persons in active concert or participation with them enjoining them from using a trade dress in connection with the advertisement, promotion, offering for sale, selling, or distributing of any product that imitates or simulates WhatRU Holding's trade dress; A judgment in favor of WhatRU Holding and against Defendants in an amount equal to damages sustained by WhatRU Holding and the
B.
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profits earned by Defendants from the infringement alleged herein pursuant to 15 U.S.C. 1117(a); C. A judgment that Defendants knowingly and willfully engaged in the infringement of WhatRU Holding's trade dress, and a trebling of damages pursuant to 15 U.S.C. 1117(a); A judgment holding this action to be an exceptional case and an award to WhatRU Holding for its attorney's fees and costs pursuant to 15 U.S.C. 1117(a); and Such other and further relief as the Court deems just and proper. COUNT X TIGER BELLY BOUNCE HOUSE INFRINGEMENT OF TRADE DRESS 93. WhatRU Holding realleges and incorporates by reference all of the
D.
E.
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Tiger Belly Bounce House" (Model No. DY-BH-TIGBELLY-14A) (Exhibit I) is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Tiger Belly Bouncer." A photographic depiction of this product is attached hereto, marked as "Exhibit HH" and by reference is made a part hereof. 95. Defendants "Tiger Belly Bounce House" (Exhibit I) identified herein is
directed to the same consumers as WhatRU Holding's "Tiger Belly Bouncer" (Exhibit HH). 96. Defendants use of a trade dress that imitates or simulates the trade dress of
WhatRU Holding as set forth above is likely to cause confusion among members of the
-26121470520v2 0937528
public and to cause them to mistakenly believe that Defendants products originate with or are produced, distributed, displayed, or sold in affiliation with, under license from, or with approval of WhatRU Holding. 97. Defendants use of confusingly similar trade dress is likely to and does
Holding in its trade dress in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). Particularly, Defendants acts constitute false designation of origin, false and misleading descriptions, and false and misleading representations, which are likely to cause confusion, mistake, or deception as to affiliation, connection, or association of Defendants with WhatRU Holding, or as to the origin, sponsorship, or approval of Defendants products by WhatRU Holding. WHEREFORE, WhatRU Holding prays that this Court grant the following relief: A. A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all persons in active concert or participation with them enjoining them from using a trade dress in connection with the advertisement, promotion, offering for sale, selling, or distributing of any product that imitates or simulates WhatRU Holding's trade dress; A judgment in favor of WhatRU Holding and against Defendants in an amount equal to damages sustained by WhatRU Holding and the profits earned by Defendants from the infringement alleged herein pursuant to 15 U.S.C. 1117(a);
B.
-27121470520v2 0937528
C.
A judgment that Defendants knowingly and willfully engaged in the infringement of WhatRU Holding's trade dress, and a trebling of damages pursuant to 15 U.S.C. 1117(a); A judgment holding this action to be an exceptional case and an award to WhatRU Holding for its attorney's fees and costs pursuant to 15 U.S.C. 1117(a); and Such other and further relief as the Court deems just and proper. COUNT XI SAFE CASH CUBE INFRINGEMENT OF TRADE DRESS
D.
E.
99.
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Safe Cash Cube" (Model No. DY-IN-CASHSAFE-10A) (Exhibit J) is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Cash Vault Money Machine." A photographic depiction of this product is attached hereto, marked as "Exhibit II" and by reference is made a part hereof. 101. Defendants "Safe Cash Cube" (Exhibit J) identified herein is directed to
the same consumers as WhatRU Holding's "Cash Vault Money Machine" (Exhibit II). 102. Defendants use of a trade dress that imitates or simulates the trade dress of
WhatRU Holding as set forth above is likely to cause confusion among members of the public and to cause them to mistakenly believe that Defendants products originate with
-28121470520v2 0937528
or are produced, distributed, displayed, or sold in affiliation with, under license from, or with approval of WhatRU Holding. 103. Defendants use of confusingly similar trade dress is likely to and does
Holding in its trade dress in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). Particularly, Defendants acts constitute false designation of origin, false and misleading descriptions, and false and misleading representations, which are likely to cause confusion, mistake, or deception as to affiliation, connection, or association of Defendants with WhatRU Holding, or as to the origin, sponsorship, or approval of Defendants products by WhatRU Holding. WHEREFORE, WhatRU Holding prays that this Court grant the following relief: A. A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all persons in active concert or participation with them enjoining them from using a trade dress in connection with the advertisement, promotion, offering for sale, selling, or distributing of any product that imitates or simulates WhatRU Holding's trade dress; A judgment in favor of WhatRU Holding and against Defendants in an amount equal to damages sustained by WhatRU Holding and the profits earned by Defendants from the infringement alleged herein pursuant to 15 U.S.C. 1117(a); A judgment that Defendants knowingly and willfully engaged in the infringement of WhatRU Holding's trade dress, and a trebling of damages pursuant to 15 U.S.C. 1117(a);
B.
C.
-29121470520v2 0937528
D.
A judgment holding this action to be an exceptional case and an award to WhatRU Holding for its attorney's fees and costs pursuant to 15 U.S.C. 1117(a); and Such other and further relief as the Court deems just and proper. COUNT XII RAINBOW CLOUD SLIP-N-SLIDE SINGLE INFRINGEMENT OF TRADE DRESS
E.
105.
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Rainbow Cloud Slip-N-Slide Single" (Model No. DY-SL-WETRSS-30C) (Exhibit K) is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Surf & Slide Water Slide." A photographic depiction of this product is attached hereto, marked as "Exhibit JJ" and by reference is made a part hereof. 107. Defendants "Rainbow Cloud Slip-N-Slide Single" (Exhibit K) identified
herein is directed to the same consumers as WhatRU Holding's "Surf & Slide Water Slide" (Exhibit JJ). 108. Defendants use of a trade dress that imitates or simulates the trade dress of
WhatRU Holding as set forth above is likely to cause confusion among members of the public and to cause them to mistakenly believe that Defendants products originate with or are produced, distributed, displayed, or sold in affiliation with, under license from, or with approval of WhatRU Holding.
-30121470520v2 0937528
109.
Defendants use of confusingly similar trade dress is likely to and does
permit Defendant to misappropriate and unfairly trade upon the valuable good will and reputation of WhatRU Holding. 110. Defendants have infringed and continue to infringe the rights of WhatRU
Holding in its trade dress in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). Particularly, Defendants acts constitute false designation of origin, false and misleading descriptions, and false and misleading representations, which are likely to cause confusion, mistake, or deception as to affiliation, connection, or association of Defendants with WhatRU Holding, or as to the origin, sponsorship, or approval of Defendants products by WhatRU Holding. WHEREFORE, WhatRU Holding prays that this Court grant the following relief: A. A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all persons in active concert or participation with them enjoining them from using a trade dress in connection with the advertisement, promotion, offering for sale, selling, or distributing of any product that imitates or simulates WhatRU Holding's trade dress; A judgment in favor of WhatRU Holding and against Defendants in an amount equal to damages sustained by WhatRU Holding and the profits earned by Defendants from the infringement alleged herein pursuant to 15 U.S.C. 1117(a); A judgment that Defendants knowingly and willfully engaged in the infringement of WhatRU Holding's trade dress, and a trebling of damages pursuant to 15 U.S.C. 1117(a); A judgment holding this action to be an exceptional case and an award to WhatRU Holding for its attorney's fees and costs pursuant to 15 U.S.C. 1117(a); and Such other and further relief as the Court deems just and proper.
-31121470520v2 0937528
B.
C.
D.
E.
COUNT XIII RAINBOW SLIP-N-SLIDE SINGLE BAY INFRINGEMENT OF TRADE DRESS 111. WhatRU Holding realleges and incorporates by reference all of the
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Rainbow Slip-N-Slide Single Bay" (Model No. CL-SL-TNT-WSL008-A) (Exhibit L) is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Surf & Slide Water Slide (Exhibit JJ). 113. Defendants "Rainbow Slip-N-Slide Single Bay" (Exhibit L) identified
herein is directed to the same consumers as WhatRU Holding's "Surf & Slide Water Slide" (Exhibit JJ). 114. Defendants use of a trade dress that imitates or simulates the trade dress of
permit Defendants to misappropriate and unfairly trade upon the valuable good will and reputation of WhatRU Holding.
-32121470520v2 0937528
116.
Defendants have infringed and continue to infringe the rights of WhatRU
B.
C.
D.
E.
-33121470520v2 0937528
COUNT XIV RAINBOW SLIP-N-SLIDE SINGLE INFRINGEMENT OF TRADE DRESS 117. WhatRU Holding realleges and incorporates by reference all of the
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Rainbow Slip-N-Slide Single" (Model No. DY-SL-WETRSS-30A) (Exhibit M) is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Surf & Slide Water Slide" (Exhibit JJ). 119. Defendants "Rainbow Slip-N-Slide Single" (Exhibit M) identified herein is
directed to the same consumers as WhatRU Holding's "Surf & Slide Water Slide" (Exhibit JJ). 120. Defendants use of a trade dress that imitates or simulates the trade dress of
-34121470520v2 0937528
122.
Defendants have infringed and continues to infringe the rights of WhatRU
B.
C.
D.
E.
-35121470520v2 0937528
COUNT XV RAINBOW SLIP-N-SLIDE DOUBLE BAY INFRINGEMENT OF TRADE DRESS 123. WhatRU Holding realleges and incorporates by reference all of the
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Rainbow Slip-N-Slide Double Bay" (Model No. CL-SL-TNT-WSL008-B) (Exhibit N) is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Dual Surf & Slide Water Slide." A photographic depiction of this product is attached hereto, marked as "Exhibit KK" and by reference is made a part hereof. 125. Defendants "Rainbow Slip-N-Slide Double Bay" (Exhibit N) identified
herein is directed to the same consumers as WhatRU Holding's "Dual Surf & Slide Water Slide" (Exhibit KK). 126. Defendants use of a trade dress that imitates or simulates the trade dress of
-36121470520v2 0937528
127.
-37121470520v2 0937528
B.
C.
D.
E.
COUNT XVI RAINBOW SLIP-N-SLIDE DOUBLE INFRINGEMENT OF TRADE DRESS 129. WhatRU Holding realleges and incorporates by reference all of the
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Rainbow Slip-N-Slide Double" (Model No. DY-SL-WETRSS-30D) (Exhibit O) is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Dual Surf & Slide Water Slide" (Exhibit KK). 131. Defendants "Rainbow Slip-N-Slide Double" (Exhibit O) identified herein
is directed to the same consumers as WhatRU Holding's "Dual Surf & Slide Water Slide" (Exhibit KK). 132. Defendants use of a trade dress that imitates or simulates the trade dress of
-38121470520v2 0937528
134.
B.
C.
D.
E.
-39121470520v2 0937528
COUNT XVII DOG COMBO INFRINGEMENT OF TRADE DRESS 135. WhatRU Holding realleges and incorporates by reference all of the
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Dog Combo" (Model No. DY-CO-DOG-19A) (Exhibit P) is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Dalmatian 5in-1 SuperLite" product, marked as "Exhibit LL" and by reference is made a part hereof. 137. Defendants "Dog Combo" (Exhibit P) is directed to the same consumers as
WhatRU Holding's "Dalmatian 5-in-1 SuperLite" (Exhibit LL) product. 138. Defendants use of a trade dress that imitates or simulates the trade dress of
Holding in its trade dress in violation of Section 43(a) of the Lanham Act, 15 U.S.C.
-40121470520v2 0937528
1125(a). Particularly, Defendants acts constitute false designation of origin, false and misleading descriptions, and false and misleading representations, which are likely to cause confusion, mistake, or deception as to affiliation, connection, or association of Defendants with WhatRU Holding, or as to the origin, sponsorship, or approval of Defendants products by WhatRU Holding. WHEREFORE, WhatRU Holding prays that this Court grant the following relief: A. A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all persons in active concert or participation with them enjoining them from using a trade dress in connection with the advertisement, promotion, offering for sale, selling, distributing of any product that imitates or simulates WhatRU Holding's trade dress; A judgment in favor of WhatRU Holding and against Defendants in an amount equal to damages sustained by WhatRU Holding and the profits earned by Defendants from the infringement alleged herein pursuant to 15 U.S.C. 1117(a); A judgment that Defendants knowingly and willfully engaged in the infringement of WhatRU Holding's trade dress, and a trebling of damages pursuant to 15 U.S.C. 1117(a); A judgment holding this action to be an exceptional case and an award to WhatRU Holding for its attorney's fees and costs pursuant to 15 U.S.C. 1117(a); and Such other and further relief as the Court deems just and proper. COUNT XVIII DOG COMBO WET/DRY INFRINGEMENT OF TRADE DRESS 141. WhatRU Holding realleges and incorporates by reference all of the
B.
C.
D.
E.
preceding paragraphs of this Complaint as though fully set forth herein.
-41121470520v2 0937528
142.
Subsequent to acquisition of secondary meaning by WhatRU Holding's
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Dog Combo Wet/Dry" (Model No. DY-CO-WDDOG-19A) (Exhibit Q) is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Dalmatian 5-in-1 SuperLite" product (Exhibit LL). 143. Defendants "Dog Combo Wet/Dry" (Exhibit Q) is directed to the same
consumers as WhatRU Holding's "Dalmatian 5-in-1 SuperLite" (Exhibit LL) product. 144. Defendants use of a trade dress that imitates or simulates the trade dress of
Holding in its trade dress in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). Particularly, Defendants acts constitute false designation of origin, false and misleading descriptions, and false and misleading representations, which are likely to cause confusion, mistake, or deception as to affiliation, connection, or association of
-42121470520v2 0937528
Defendants with WhatRU Holding, or as to the origin, sponsorship, or approval of Defendants products by WhatRU Holding. WHEREFORE, WhatRU Holding prays that this Court grant the following relief: A. A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all persons in active concert or participation with them enjoining them from using a trade dress in connection with the advertisement, promotion, offering for sale, selling, or distributing of any product that imitates or simulates WhatRU Holding's trade dress; A judgment in favor of WhatRU Holding and against Defendants in an amount equal to damages sustained by WhatRU Holding and the profits earned by Defendants from the infringement alleged herein pursuant to 15 U.S.C. 1117(a); A judgment that Defendants knowingly and willfully engaged in the infringement of WhatRU Holding's trade dress, and a trebling of damages pursuant to 15 U.S.C. 1117(a); A judgment holding this action to be an exceptional case and an award to WhatRU Holding for its attorney's fees and costs pursuant to 15 U.S.C. 1117(a); and Such other and further relief as the Court deems just and proper. COUNT XIX DOG BOUNCE HOUSE INFRINGEMENT OF TRADE DRESS 147. WhatRU Holding realleges and incorporates by reference all of the
B.
C.
D.
E.
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Tentandtable's "Dog Bounce House" (Model No. DY-BH-DOG-14A) (Exhibit R) product
-43121470520v2 0937528
is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Dalmatian Bouncer" product, marked as "Exhibit MM" and by reference is made a part hereof. 149. Defendants "Dog Bounce House" (Exhibit R) product is directed to the
same consumers as WhatRU Holding's "Dalmatian Bouncer" (Exhibit MM) product. 150. Defendants use of a trade dress that imitates or simulates the trade dress of
-44121470520v2 0937528
A.
A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all persons in active concert or participation with them enjoining them from using a trade dress in connection with the advertisement, promotion, offering for sale, selling, or distributing of any product that imitates or simulates WhatRU Holding's trade dress; A judgment in favor of WhatRU Holding and against Defendants in an amount equal to damages sustained by WhatRU Holding and the profits earned by Defendants from the infringement alleged herein pursuant to 15 U.S.C. 1117(a); A judgment that Defendants knowingly and willfully engaged in the infringement of WhatRU Holding's trade dress, and a trebling of damages pursuant to 15 U.S.C. 1117(a); A judgment holding this action to be an exceptional case and an award to WhatRU Holding for its attorney's fees and costs pursuant to 15 U.S.C. 1117(a); and Such other and further relief as the Court deems just and proper. COUNT XX MULTI-COLOR BOUNCE HOUSE INFRINGEMENT OF TRADE DRESS
B.
C.
D.
E.
153.
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Multi-Color Bounce House" (Model No. DY-BH-MULTI-14A) (Exhibit S) product is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Wacky Bouncer" product, marked as "Exhibit NN" and by reference is made a part hereof.
-45121470520v2 0937528
155.
Defendants "Multi-Color Bounce House" (Exhibit S) product is directed to
the same consumers as WhatRU Holding's "Wacky Bouncer" (Exhibit NN) product. 156. Defendants use of a trade dress that imitates or simulates the trade dress of
Holding in its trade dress in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). Particularly, Defendants acts constitute false designation of origin, false and misleading descriptions, and false and misleading representations, which are likely to cause confusion, mistake, or deception as to affiliation, connection, or association of Defendants with WhatRU Holding, or as to the origin, sponsorship, or approval of Defendants products by WhatRU Holding. WHEREFORE, WhatRU Holding prays that this Court grant the following relief: A. A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all persons in active concert or participation with them enjoining them from using a trade dress in connection with the advertisement, promotion, offering for sale, selling, or distributing of any product that imitates or simulates WhatRU Holding's trade dress;
-46121470520v2 0937528
B.
A judgment in favor of WhatRU Holding and against Defendants in an amount equal to damages sustained by WhatRU Holding and the profits earned by Defendants from the infringement alleged herein pursuant to 15 U.S.C. 1117(a); A judgment that Defendants knowingly and willfully engaged in the infringement of WhatRU Holding's trade dress, and a trebling of damages pursuant to 15 U.S.C. 1117(a); A judgment holding this action to be an exceptional case and an award to WhatRU Holding for its attorney's fees and costs pursuant to 15 U.S.C. 1117(a); and Such other and further relief as the Court deems just and proper. COUNT XXI SINGLE SLIDE COMBO INFRINGEMENT OF TRADE DRESS
C.
D.
E.
159.
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Single Slide Combo" (Model No. CL-CO-TNT-DSL002-A) (Exhibit T) product is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Wacky 5-in-1 SuperLite" product, marked as "Exhibit OO" and by reference is made a part hereof. 161. Defendants "Single Slide Combo" (Exhibit T) product is directed to the
same consumers as WhatRU Holding's "Wacky 5-in-1 SuperLite" (Exhibit OO) product. 162. Defendants use of a trade dress that imitates or simulates the trade dress of
WhatRU Holding as set forth above is likely to cause confusion among members of the
-47121470520v2 0937528
public and to cause them to mistakenly believe that Defendants products originate with or are produced, distributed, displayed, or sold in affiliation with, under license from, or with approval of WhatRU Holding. 163. Defendants use of confusingly similar trade dress is likely to and does
Holding in its trade dress in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). Particularly, Defendants acts constitute false designation of origin, false and misleading descriptions, and false and misleading representations, which are likely to cause confusion, mistake, or deception as to affiliation, connection, or association of Defendants with WhatRU Holding, or as to the origin, sponsorship, or approval of Defendants products by WhatRU Holding. WHEREFORE, WhatRU Holding prays that this Court grant the following relief: A. A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all persons in active concert or participation with them enjoining them from using a trade dress in connection with the advertisement, promotion, offering for sale, selling, or distributing of any product that imitates or simulates WhatRU Holding's trade dress; A judgment in favor of WhatRU Holding and against Defendants in an amount equal to damages sustained by WhatRU Holding and the profits earned by Defendants from the infringement alleged herein pursuant to 15 U.S.C. 1117(a);
B.
-48121470520v2 0937528
C.
A judgment that Defendants knowingly and willfully engaged in the infringement of WhatRU Holding's trade dress, and a trebling of damages pursuant to 15 U.S.C. 1117(a); A judgment holding this action to be an exceptional case and an award to WhatRU Holding for its attorney's fees and costs pursuant to 15 U.S.C. 1117(a); and Such other and further relief as the Court deems just and proper. COUNT XXII MULTI-COLOR CASTLE BOUNCE HOUSE INFRINGEMENT OF TRADE DRESS
D.
E.
165.
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Multi-Color Castle Bounce House" (Model No. DY-BH-MCCAS-14A) (Exhibit U) product is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Wacky Castle Bouncer" product, marked as "Exhibit PP" and by reference is made a part hereof. 167. Defendants "Multi-Color Castle Bounce House" (Exhibit U) product is
directed to the same consumers as WhatRU Holding's "Wacky Castle Bouncer" (Exhibit PP) product. 168. Defendants use of a trade dress that imitates or simulates the trade dress of
WhatRU Holding as set forth above is likely to cause confusion among members of the public and to cause them to mistakenly believe that Defendants products originate with
-49121470520v2 0937528
or are produced, distributed, displayed, or sold in affiliation with, under license from, or with approval of WhatRU Holding. 169. Defendants use of confusingly similar trade dress is likely to and does
Holding in its trade dress in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). Particularly, Defendants acts constitute false designation of origin, false and misleading descriptions, and false and misleading representations, which are likely to cause confusion, mistake, or deception as to affiliation, connection, or association of Defendants with WhatRU Holding, or as to the origin, sponsorship, or approval of Defendants products by WhatRU Holding. WHEREFORE, WhatRU Holding prays that this Court grant the following relief: A. A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all persons in active concert or participation with them enjoining them from using a trade dress in connection with the advertisement, promotion, offering for sale, selling, or distributing of any product that imitates or simulates WhatRU Holding's trade dress; A judgment in favor of WhatRU Holding and against Defendants in an amount equal to damages sustained by WhatRU Holding and the profits earned by Defendants from the infringement alleged herein pursuant to 15 U.S.C. 1117(a); A judgment that Defendants knowingly and willfully engaged in the infringement of WhatRU Holding's trade dress, and a trebling of damages pursuant to 15 U.S.C. 1117(a);
B.
C.
-50121470520v2 0937528
D.
A judgment holding this action to be an exceptional case and an award to WhatRU Holding for its attorney's fees and costs pursuant to 15 U.S.C. 1117(a); and Such other and further relief as the Court deems just and proper. COUNT XXIII CASTLE CLUB COMBO INFRINGEMENT OF TRADE DRESS
E.
171.
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Castle Club Combo" (Model No. DY-CO-CASCLB-20A) (Exhibit V) product is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Wacky Castle 5-in-1 SuperLite" product, marked as "Exhibit QQ" and by reference is made a part hereof. 173. Defendants "Castle Club Combo" (Exhibit V) product is directed to the
same consumers as WhatRU Holding's "Wacky Castle 5-in-1 SuperLite" (Exhibit QQ) product. 174. Defendants use of a trade dress that imitates or simulates the trade dress of
-51121470520v2 0937528
175.
-52121470520v2 0937528
B.
C.
D.
E.
COUNT XXIV DOUBLE SLIDE COMBO INFRINGEMENT OF TRADE DRESS 177. WhatRU Holding realleges and incorporates by reference all of the
trade dress described herein, Defendant adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Double Slide Combo" (Model No. CL-CO-TNT-DSL002-B) (Exhibit W) product is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Designer Line Dual Slide 5-in-1 SuperLite" product, marked as "Exhibit RR" and by reference is made a part hereof. 179. Defendants "Double Slide Combo" (Exhibit W) product is directed to the
same consumers as WhatRU Holding's "Designer Line Dual 5-in-1 SuperLite" (Exhibit RR) product. 180. Defendants use of a trade dress that imitates or simulates the trade dress of
-53121470520v2 0937528
182.
B.
C.
D.
E.
-54121470520v2 0937528
COUNT XXV DOG BELLY BOUNCE HOUSE INFRINGEMENT OF TRADE DRESS 183. WhatRU Holding realleges and incorporates by reference all of the
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Dog Belly Bounce House" (Model No. DY-BH-DOGBELLY-14A) (Exhibit X) product is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Beagle Belly Bouncer" product, marked as "Exhibit SS" and by reference is made a part hereof. 185. Defendants "Dog Belly Bounce House" (Exhibit X) product is directed to
the same consumers as WhatRU Holding's "Beagle Belly Bouncer" (Exhibit SS) product. 186. Defendants use of a trade dress that imitates or simulates the trade dress of
-55121470520v2 0937528
188.
B.
C.
D.
E.
-56121470520v2 0937528
COUNT XXVI SAFE CASH CUBE INFRINGEMENT OF TRADE DRESS 189. WhatRU Holding realleges and incorporates by reference all of the
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Safe Cash Cube" (Model No. DY-IN-CASHSLOT-10A) (Exhibit Y) product is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Slot Machine Money Machine" product, marked as "Exhibit TT" and by reference is made a part hereof. 191. Defendants "Safe Cash Cube" (Exhibit Y) product is directed to the same
consumers as WhatRU Holding's "Slot Machine Money Machine" (Exhibit TT) product. 192. Defendants use of a trade dress that imitates or simulates the trade dress of
-57121470520v2 0937528
194.
B.
C.
D.
E.
-58121470520v2 0937528
COUNT XXVII TROPICAL BOUNCE HOUSE INFRINGEMENT OF TRADE DRESS 195. WhatRU Holding realleges and incorporates by reference all of the
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Tropical Bounce House" (Model No. DY-BH-TROP-14A) (Exhibit Z) product is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Palm Tree Bouncer" product, marked as "Exhibit UU" and by reference is made a part hereof. 197. Defendants "Tropical Bounce House" (Exhibit Z) product is directed to the
same consumers as WhatRU Holding's "Palm Tree Bouncer" (Exhibit UU) product. 198. Defendants use of a trade dress that imitates or simulates the trade dress of
-59121470520v2 0937528
200.
B.
C.
D.
E.
-60121470520v2 0937528
COUNT XXVIII TWISTER GAME INFRINGEMENT OF TRADE DRESS 201. WhatRU Holding realleges and incorporates by reference all of the
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Twister Game" (Model No. DY-IN-TWIST-14A) (Exhibit AA) product is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Entanglement" product, marked as "Exhibit VV" and by reference is made a part hereof. 203. Defendants "Twister Game" (Exhibit AA) product is directed to the same
consumers as WhatRU Holding's "Entanglement" (Exhibit VV) product. 204. Defendants use of a trade dress that imitates or simulates the trade dress of
Holding in its trade dress in violation of Section 43(a) of the Lanham Act, 15 U.S.C.
-61121470520v2 0937528
1125(a). Particularly, Defendants acts constitute false designation of origin, false and misleading descriptions, and false and misleading representations, which are likely to cause confusion, mistake, or deception as to affiliation, connection, or association of Defendants with WhatRU Holding, or as to the origin, sponsorship, or approval of Defendants products by WhatRU Holding. WHEREFORE, WhatRU Holding prays that this Court grant the following relief: A. A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all persons in active concert or participation with them enjoining them from using a trade dress in connection with the advertisement, promotion, offering for sale, selling, or distributing of any product that imitates or simulates WhatRU Holding's trade dress; A judgment in favor of WhatRU Holding and against Defendants in an amount equal to damages sustained by WhatRU Holding and the profits earned by Defendants from the infringement alleged herein pursuant to 15 U.S.C. 1117(a); A judgment that Defendants knowingly and willfully engaged in the infringement of WhatRU Holding's trade dress, and a trebling of damages pursuant to 15 U.S.C. 1117(a); A judgment holding this action to be an exceptional case and an award to WhatRU Holding for its attorney's fees and costs pursuant to 15 U.S.C. 1117(a); and Such other and further relief as the Court deems just and proper. COUNT XXIX DELUXE PRINTED CASTLE BOUNCE HOUSE INFRINGEMENT OF TRADE DRESS 207. WhatRU Holding realleges and incorporates by reference all of the
B.
C.
D.
E.
preceding paragraphs of this Complaint as though fully set forth herein.
-62121470520v2 0937528
208.
Subsequent to acquisition of secondary meaning by WhatRU Holding's
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Deluxe Printed Castle Bounce House" (Model No. DY-BH-PDLXCAS14A) (Exhibit BB) product is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Castle Bouncer" product, marked as "Exhibit WW" and by reference is made a part hereof. 209. Defendants "Deluxe Printed Castle Bounce House" (Exhibit BB) product is
directed to the same consumers as WhatRU Holding's "Castle Bouncer" (Exhibit WW) product. 210. Defendants use of a trade dress that imitates or simulates the trade dress of
Holding in its trade dress in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). Particularly, Defendants acts constitute false designation of origin, false and misleading descriptions, and false and misleading representations, which are likely to
-63121470520v2 0937528
cause confusion, mistake, or deception as to affiliation, connection, or association of Defendants with WhatRU Holding, or as to the origin, sponsorship, or approval of Defendants products by WhatRU Holding. WHEREFORE, WhatRU Holding prays that this Court grant the following relief: A. A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all persons in active concert or participation with them enjoining them from using a trade dress in connection with the advertisement, promotion, offering for sale, selling, or distributing of any product that imitates or simulates WhatRU Holding's trade dress; A judgment in favor of WhatRU Holding and against Defendants in an amount equal to damages sustained by WhatRU Holding and the profits earned by Defendants from the infringement alleged herein pursuant to 15 U.S.C. 1117(a); A judgment that Defendants knowingly and willfully engaged in the infringement of WhatRU Holding's trade dress, and a trebling of damages pursuant to 15 U.S.C. 1117(a); A judgment holding this action to be an exceptional case and an award to WhatRU Holding for its attorney's fees and costs pursuant to 15 U.S.C. 1117(a); and Such other and further relief as the Court deems just and proper. COUNT XXX PINK PRINCESS COMBO INFRINGEMENT OF TRADE DRESS 213. WhatRU Holding realleges and incorporates by reference all of the
B.
C.
D.
E.
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly,
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Defendants "Pink Princess Combo" (Model No. DY-CO-PNKPRIN-19A) (Exhibit CC) product is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Princess Palace" product, marked as "Exhibit XX" and by reference is made a part hereof. 215. Defendants "Pink Princess Combo" (Exhibit CC) product is directed to the
same consumers as WhatRU Holding's "Princess Palace" (Exhibit XX) product. 216. Defendants use of a trade dress that imitates or simulates the trade dress of
-65121470520v2 0937528
A.
A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all persons in active concert or participation with them enjoining them from using a trade dress in connection with the advertisement, promotion, offering for sale, selling, or distributing of any product that imitates or simulates WhatRU Holding's trade dress; A judgment in favor of WhatRU Holding and against Defendants in an amount equal to damages sustained by WhatRU Holding and the profits earned by Defendants from the infringement alleged herein pursuant to 15 U.S.C. 1117(a); A judgment that Defendants knowingly and willfully engaged in the infringement of WhatRU Holding's trade dress, and a trebling of damages pursuant to 15 U.S.C. 1117(a); A judgment holding this action to be an exceptional case and an award to WhatRU Holding for its attorney's fees and costs pursuant to 15 U.S.C. 1117(a); and Such other and further relief as the Court deems just and proper. COUNT XXXI CRAYON BOUNCE HOUSE INFRINGEMENT OF TRADE DRESS
B.
C.
D.
E.
219.
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants "Crayon Bounce House" (Model No. DY-BH-CRAYON-14D) (Exhibit DD) product is substantially similar to the design, image, and overall appearance of WhatRU Holding's "Crayonland Bouncer" product, marked as "Exhibit YY" and by reference is made a part hereof.
-66121470520v2 0937528
221.
Defendants "Crayon Bounce House" (Exhibit DD) product is directed to
the same consumers as WhatRU Holding's "Crayonland Bouncer" (Exhibit YY) product. 222. Defendants use of a trade dress that imitates or simulates the trade dress of
Holding in its trade dress in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). Particularly, Defendants acts constitute false designation of origin, false and misleading descriptions, and false and misleading representations, which are likely to cause confusion, mistake, or deception as to affiliation, connection, or association of Defendants with WhatRU Holding, or as to the origin, sponsorship, or approval of Defendants products by WhatRU Holding. WHEREFORE, WhatRU Holding prays that this Court grant the following relief: A. A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all persons in active concert or participation with them enjoining them from using a trade dress in connection with the advertisement, promotion, offering for sale, selling, or distributing of any product that imitates or simulates WhatRU Holding's trade dress;
-67121470520v2 0937528
B.
A judgment in favor of WhatRU Holding and against Defendants in an amount equal to damages sustained by WhatRU Holding and the profits earned by Defendants from the infringement alleged herein pursuant to 15 U.S.C. 1117(a); A judgment that Defendants knowingly and willfully engaged in the infringement of WhatRU Holding's trade dress, and a trebling of damages pursuant to 15 U.S.C. 1117(a); A judgment holding this action to be an exceptional case and an award to WhatRU Holding for its attorney's fees and costs pursuant to 15 U.S.C. 1117(a); and Such other and further relief as the Court deems just and proper. COUNT XXXII WACKY COLORS INFRINGEMENT OF TRADE DRESS
C.
D.
E.
225.
trade dress described herein, Defendants adopted and began to use trade dress substantially and confusingly similar to WhatRU Holding's trade dress. Particularly, Defendants Multi-Color Bounce House (Model No. DY-BH-MULTI-14A), "Single Slide Combo" (Model No. CL-CO-TNT-DSL002-A), Multi-Color Castle Bounce House (Model No. DY-BH-MCCAS-14A), and Castle Club Combo (Model No. DYCO-CASCLB-20A) (Exhibits S-V) products are substantially similar to the Wacky Color scheme used by WhatRU Holding in its Wacky Bouncer, "Wacky 5-in-1 SuperLite," Wacky Castle Bouncer, and Wacky Castle 5-in-1 SuperLite products (Exhibits NN-QQ).
-68121470520v2 0937528
227.
Defendants Multi-Color Bounce House, "Single Slide Combo, Multi-
Color Castle Bounce House, and Castle Club Combo (Exhibits S-V) products are directed to the same consumers as WhatRU Holding's Wacky Bouncer, "Wacky 5-in-1 SuperLite," Wacky Castle Bouncer, and Wacky Castle 5-in-1 SuperLite products (Exhibits NN-QQ). 228. Defendants use of a trade dress that imitates or simulates the trade dress of
-69121470520v2 0937528
A.
A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all persons in active concert or participation with them enjoining them from using a trade dress in connection with the advertisement, promotion, offering for sale, selling, or distributing of any product that imitates or simulates WhatRU Holding's trade dress; A judgment in favor of WhatRU Holding and against Defendants in an amount equal to damages sustained by WhatRU Holding and the profits earned by Defendants from the infringement alleged herein pursuant to 15 U.S.C. 1117(a); A judgment that Defendants knowingly and willfully engaged in the infringement of WhatRU Holding's trade dress, and a trebling of damages pursuant to 15 U.S.C. 1117(a); A judgment holding this action to be an exceptional case and an award to WhatRU Holding for its attorney's fees and costs pursuant to 15 U.S.C. 1117(a); and Such other and further relief as the Court deems just and proper. COUNT XXXIII FALSE ADVERTISING
B.
C.
D.
E.
231.
preceding paragraphs of this Complaint as though fully set forth herein. 232. Defendants deliberately market, promote, and advertise products that are
outwardly extremely like and similar to the look, feel, appearance, and design of products produced by WhatRU Holding. 233. Defendants have infringed and continue to infringe the rights of WhatRU
Holding through their false advertisements in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). Particularly, Defendants use words, terms, names, symbols, and devices in their advertisements which mislead and confuse members of the public causing
-70121470520v2 0937528
them to mistakenly believe that Defendants products originate with or are produced, distributed, displayed, or sold in affiliation with, under license from, or with approval of WhatRU Holding. 234. WhatRU Holding has a well-known and established history of
manufacturing and distributing these particular inflatable tents and party accessories. By engaging in national advertising via the websites Tentandtable.com and Ebay.com that reflects products that are outwardly extremely like and similar to WhatRU Holdings, Defendants create a false impression in a substantial number of consumers minds that their products are in fact affiliated with, the same as, sponsored by, manufactured by, or condoned by WhatRU Holding, thereby enhancing the image of Defendants through this false association. WHEREFORE, WhatRU Holding prays that this Court grant the following relief: A. A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, successors in interest, and all persons in active concert or participation with them enjoining them from using a trade dress in connection with the advertisement, promotion, offering for sale, selling, or distributing of any product that imitates or simulates WhatRU Holding's trade dress; A judgment in favor of WhatRU Holding and against Defendants in an amount equal to damages sustained by WhatRU Holding and the profits earned by Defendants from the infringement alleged herein pursuant to 15 U.S.C. 1117(a); A judgment that Defendants knowingly and willfully engaged in the infringement of WhatRU Holding's trade dress, and a trebling of damages pursuant to 15 U.S.C. 1117(a);
B.
C.
-71121470520v2 0937528
D.
A judgment holding this action to be an exceptional case and an award to WhatRU Holding for its attorney's fees and costs pursuant to 15 U.S.C. 1117(a); and Such other and further relief as the Court deems just and proper. COUNT XXXIV DECEPTIVE TRADE PRACTICES
E.
235.
preceding paragraphs of this Complaint as though fully set forth herein. 236. The foregoing acts of Defendants constitute deceptive trade practices in
violation of Minnesota Statute 325D.44, including but not limited to, subdivisions (2), (3), (4), (5), (7), and (13). WHEREFORE, WhatRU Holding prays that this Court grant the following relief: A. A permanent injunction against Defendants, their officers, agents, employees, parent and subsidiary corporations, assigns, and successors in interest, and all persons in active concert or participation with them, enjoining them from continuing said acts of deceptive trade practices; A judgment in favor of WhatRU Holding and against Defendants that Defendants has willfully engaged in said deceptive trade practices and an award to WhatRU Holding for its attorneys fees and costs pursuant to Minnesota Statute 325d.45; and Such other and further relief as the Court deems just and equitable. COUNT XXXV COMMON LAW UNFAIR COMPETITION 237. WhatRU Holding realleges and incorporates by reference all of the
B.
C.
preceding paragraphs of this Complaint as through fully set forth herein. 238. The foregoing acts of Defendants constitute unfair competition under the
common law of the State of Minnesota.

-72121470520v2 0937528
WHEREFORE, WhatRU Holding prays that this Court grant the following relief: A. A permanent injunction against Defendants, its officers, agents, employees, parent and subsidiary corporations, assigns, and successors in interest, and all persons in active concert or participation with them, enjoining them from continuing said acts of unfair competition; A judgment in favor of WhatRU Holding and against Defendants for damages, directly and indirectly, caused by said acts of unfair competition, and for costs of suit; and Such other and further relief as the Court deems just and equitable. DEMAND FOR JURY TRIAL Pursuant to Federal Rules of Civil Procedure 38(b), Plaintiff WhatRU Holding hereby demands a jury trial on all issues triable of right by jury.
B.
C.
Dated: November 6, 2012. HINSHAW & CULBERTSON LLP
By:
s/Jamie R. Pierce Michael T. Berger Reg. No. 350679 Jamie R. Pierce Reg. No. 305054 333 South Seventh Street, Suite 2000 Minneapolis, MN 55402 Telephone: 612-333-3434 Fax: 612-334-8888 mberger@hinshawlaw.com jpierce@hinshawlaw.com ATTORNEYS FOR PLAINTIFF WHATRU HOLDING, LLC
-73121470520v2 0937528

WhatRU Holding v. Tentandtable - Com Et. Al.

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WhatRU Holding v. Tentandtable - Com Et. Al.

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

WhatRU Holding, LLC, a Minnesota limited liability company,

a large inflatable tiger lying on its back.

On September 28, 2010, WhatRU Holding purchased the '822 Copyright

WhatRU Holding realleges and incorporates by reference all of the

offering for sale in interstate commerce unauthorized copies or derivative works of

offering for sale in interstate commerce unauthorized copies or derivative works of

offering for sale in interstate commerce unauthorized copies or derivative works of

offering for sale in interstate commerce unauthorized copies or derivative works of

WhatRU Holding realleges and incorporates by reference all of the

Defendants "Carousel Bounce House" product (Exhibit G) identified

WhatRU Holding realleges and incorporates by reference all of the

WhatRU Holding realleges and incorporates by reference all of the

Defendants use of confusingly similar trade dress is likely to and does

Defendants have infringed and continue to infringe the rights of WhatRU

Defendants have infringed and continues to infringe the rights of WhatRU

Defendants use of confusingly similar trade dress is likely to and does

Defendants have infringed and continue to infringe the rights of WhatRU

preceding paragraphs of this Complaint as though fully set forth herein.

Subsequent to acquisition of secondary meaning by WhatRU Holding's

WhatRU Holding realleges and incorporates by reference all of the

Defendants "Multi-Color Bounce House" (Exhibit S) product is directed to

WhatRU Holding realleges and incorporates by reference all of the

WhatRU Holding realleges and incorporates by reference all of the

WhatRU Holding realleges and incorporates by reference all of the

Defendants use of confusingly similar trade dress is likely to and does

Defendants have infringed and continue to infringe the rights of WhatRU

Defendants have infringed and continue to infringe the rights of WhatRU

Defendants have infringed and continue to infringe the rights of WhatRU

Defendants have infringed and continue to infringe the rights of WhatRU

preceding paragraphs of this Complaint as though fully set forth herein.

Subsequent to acquisition of secondary meaning by WhatRU Holding's

WhatRU Holding realleges and incorporates by reference all of the

Defendants "Crayon Bounce House" (Exhibit DD) product is directed to

WhatRU Holding realleges and incorporates by reference all of the

Defendants Multi-Color Bounce House, "Single Slide Combo, Multi-

WhatRU Holding realleges and incorporates by reference all of the

WhatRU Holding realleges and incorporates by reference all of the

common law of the State of Minnesota.

Dated: November 6, 2012. HINSHAW & CULBERTSON LLP

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