Kiss Nail Prods v. Revnes - Complaint

Case 1:18-cv-04633-MLB Document 1 Filed 10/04/18 Page 1 of 18
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
KISS NAIL PRODUCTS, INC.,
Plaintiff,
vs. Civil Action No._________
REVNES CORPORATION and Jury Trial Demanded

KARA REVNES each doing business as
www.SuperDX.Shop
Defendants.
COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Kiss Nail Products, Inc. (“Kiss”), files this Complaint and Jury Demand
against defendants Revnes Corporation (“Revnes”) and Kara Revnes (collectively
“Defendants”). In support thereof, Kiss respectfully shows as follows:
NATURE OF THE ACTION
1. This is an action for patent infringement arising under Title 35 of the
United States Code of the laws of the United States of America.
IDENTIFICATION OF THE PARTIES
2. Plaintiff, Kiss Nail Products, Inc. (“Kiss”) is a company organized
and existing under the laws of the State of New York in the United States of
America and having an address of 57 Seaview Boulevard, Port Washington, New
York 11050.
3. On information and belief, Defendant Revnes, is a corporation
organized and existing under the laws of the State of Georgia with a principal place
of business at 3040 Peachtree Road, NW, Unit 701, Atlanta, GA 30305.
4. Upon information and belief, Defendant Kara Revnes, is an individual
who is a principal and/or an officer of Revnes Corporation and has a residence
and/or a principal place of business at 3040 Peachtree Road, NW, Unit 701,
Atlanta, GA 30305.
5. Upon information and belief, at all times relevant hereto, Defendants,
individually or collectively, are doing business under the name of SuperDX,
SuperDX.Shop, and www.SuperDX.Shop.
6. Upon information and belief, at all times relevant hereto, Defendants
have been, inter alia, importing, offering for sale and/or selling products, including
artificial nail products accused of patent infringement herein, in the United States
and in this judicial district.
JURISDICTION AND VENUE
7. This action arises under the patent laws of the United States, 35
U.S.C. § 100, et seq., including 35 U.S.C. §§ 271 and 281. This Court has
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jurisdiction over this cause of action under 28 U.S.C. §§ 1331 and 1338(a) because
the action involves a federal question, and Kiss seeks relief under 35 U.S.C. § 100,
et seq., including remedies for patent infringement.
8. Upon information and belief, this Court also has diversity jurisdiction
over this action pursuant to 28 U.S.C. § 1332(a) because this action is between a
citizen of the State of New York and citizens of the State of Georgia, and the
amount in controversy exceeds $75,000, exclusive of interest and costs.
9. Venue is proper in this Judicial District under 28 U.S.C. §§ 1391(c)
and 1400(b) since Defendants reside in Georgia, have their principal place of
business in Georgia, and have engaged in infringing activities and caused harm in
this judicial district.
FACTS
10. Kiss is a leading supplier in the beauty care business, including the
creation and supply of innovative products for nail care to customers throughout
the world, including this judicial district.
11. Among its line of innovative products, Kiss sells its imPRESS line of
artificial finger nails (the “imPRESS Product”). The imPRESS Product features
artificial finger nails with a pre-applied adhesive layer for attaching the artificial
finger nail to the natural nail of the user. The Kiss imPRESS Product further
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includes a removable layer that covers the adhesive layer and which can be
removed to expose the adhesive. The removable layer includes a tab extending
outwardly from the periphery of the nail and the removable layer has a number of
slits therethrough. The slits include linear slits which do not intersect another slit,
and are disposed away from an outer edge of the removable layer. The Kiss
imPRESS Product has enjoyed substantial recognition in the industry, favorable
reviews and acclaims from customers, and commercial success in the United States
and throughout the world.
12. United States Patent No. 9,179,754 (“the ‘754 Patent”) was duly and
legally issued on November 10, 2015. A true and correct copy of the ‘754 Patent
is appended hereto as Exhibit A.
13. The ‘754 Patent issued in the name of Kiss Nail Products, Inc., and
Kiss is the owner of all rights, title and interest in and to the ‘754 Patent. The ‘754
Patent is valid, subsisting and in full force and effect.
14. The ‘754 Patent describes and claims novel artificial finger nails or tip
arrangements and methods of making same developed by Kiss.
15. United States Patent No. 8,662,305 (“the ‘305 Patent”) was duly and
legally issued on March 4, 2014. A true and correct copy of the ‘305 Patent is
appended hereto as Exhibit B.
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16. The ‘305 Patent issued in the name of Kiss Nail Products, Inc. and
Kiss is the owner of all rights, title and interest in and to the ‘305 Patent. The ‘305
Patent is valid, subsisting and in full force and effect.
17. The ‘305 Patent describes and claims a novel artificial nail display
package developed by Kiss.
18. United States Patent No. D662,830 (“the D‘830 Patent”) was duly and
legally issued on July l3, 2012. A true and correct copy of the D‘830 Patent is
appended hereto as Exhibit C.
19. The D‘830 Patent issued in the name of Kiss Nail Products, Inc. and
Kiss is the owner of all rights, title and interest in and to the D‘830 Patent. The
D‘830 Patent is valid, subsisting and in full force and effect.
20. The D‘830 Patent describes and claims the ornamental design for a
novel artificial nail display package developed by Kiss.
21. Collectively, the ‘754 Patent, the ‘305 Patent, and the D‘830 Patent
are referred to herein as the “Kiss Patents.”
22. On information and belief, Defendants sell various nail-related
products under the SuperDX brand, and conduct business, including, but not
limited to, operating an internet-based store via an interactive website at the URL
www.superdx.shop (hereinafter “SuperDX”).
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23. Among the products offered by SuperDX are artificial finger nails,
including press on fingernail kits bearing both the Nadeco and SuperDX brand
names. Such products include, but are not limited to, artificial finger nail kits
bearing the product names “90’s Pop Star,” “All Wrapped Up,” “Bang Bang,”
“Blush,” “Dino Fresh,” “Electric Lemonade,” “En Rouge,” “Golden Touch,”
“Honeydew,” “Komodo,” “Last Call,” “Le Chic,” “Lucy in the Sky,” “Mermaid
Moon,” “Midnight Sea,” “Mojito Shimmer,” “Night Rider,” “Peachy Sheen,”
“Pretty in Neon Pink,” and “Tangerine Crush” (the “SuperDX Nail Products”). A
representative example of listings for the SuperDX Nail Products from the
SuperDX.shop website is attached as Exhibit D.
24. The SuperDX.shop website allows customers to view and order
SuperDX Nail Products, which, upon information and belief, are sold and shipped
by Defendants throughout the United States.
25. The SuperDX Nail Products are press-on artificial finger nails having
an adhesive layer for attaching the artificial nail to the natural nail. The adhesive
layer is covered with a removable layer that can be peeled off by the user to expose
the adhesive. An example of the packaging for the SuperDX Nail Products
promoting this feature is shown below.
6
26. As illustrated below, at least some of the SuperDX Nail Products
include a packaging element that is sized and shaped to resemble the appearance of
a nail polish bottle and includes an interior tray for displaying a portion of the
finger nails therein. Such products include, but are not necessarily limited to, the
following products sold on SuperDX.shop: “90’s Pop Star,” “All Wrapped Up,”
“Bang Bang,” “Blush,” “Dino Fresh,” “Electric Lemonade,” “En Rouge” (pictured
below), “Golden Touch,” “Honeydew,” “Le Chic,” and “Night Rider”
(collectively, “Nail Polish Bottle Products”).
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27. Kiss has not assigned or licensed any rights to the Kiss Patents to
Defendants, or Defendants’ suppliers.
FIRST CAUSE OF ACTION
(Infringement of U.S. Patent No. 9,179,754)
28. Plaintiff repeats and realleges each and every allegation contained in
paragraphs 1-27 of the Complaint as though they were fully set forth herein.
8
29. This count arises under the patent laws of the United States (i.e.,
Title 35, United States Code, Section 100 et seq.)
30. As detailed below, Defendants have imported, offered for sale and
sold, and continue to import, offer for sale and/or sell, or cause to do the same,
within the United States, certain artificial nail products that are within the scope of
one or more claims of the ‘754 Patent, including but not limited to SuperDX Nail
Products.
31. The SuperDX Nail Products include a number of individual artificial
finger nails, each of which have a body, an adhesive layer, and a removable layer.
The removable layer has a number of slits therethrough, including a central
horizontally aligned slit which does not intersect another slit and which is
positioned away from an outer edge of the removable layer.
32. The slits are, inter alia, configured to facilitate conformance of the
removable layer to the concave lower surface of the body without wrinkling the
removable layer after adherence to the nail body.
33. The configuration of the body, adhesive layer, and removable layer
meet each of the elements of claim 3 (including those elements of claim 1 from
which claim 3 depends) of the ‘754 Patent.
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34. In addition, as illustrated below, the removable layer further includes
a tab that extends outwardly outside of the periphery of the nail body.
35. The configuration of the nail body, adhesive layer, and removable
layer which includes the tab and arrangement of non-intersecting linear slits, meets
every requirement set forth in claim 9 of the ‘754 Patent.
36. Defendants’ importation, offer for sale and/or sale of the SuperDX
Nail Products in the United States constitutes infringement of claims 3 and 9 of
‘754 Patent, , either literally or under the doctrine of equivalents, in violation of 35
U.S.C. § 271(a). Kiss has been harmed by Defendants’ actions and is entitled to
damages adequate to compensate it for such infringement.
37. Kiss has suffered irreparable injury from Defendant’s infringement of
the ‘754 Patent, which cannot be adequately compensated by monetary damages.
Unless Defendants’ acts of infringement of the ‘754 Patent are enjoined by the
Court pursuant to 35 U.S.C. § 283, Kiss will continue to suffer irreparable injury.
10
SECOND CAUSE OF ACTION
(Infringement of United States Patent No. 8,662,305)
39. This count arises under the patent laws of the United States (i.e., Title
35, United States Code, Section 100 et seq.).
40. Defendants have imported, offered for sale and sold, and continue to
import, offer for sale and/or sell, or caused to do the same, within the United
States, certain artificial nail products within the scope of the ‘305 Patent, including
but not limited to the Nail Polish Bottle Products.
41. Each of Defendants’ Nail Polish Bottle Products has a display
package element that includes a cylindrical neck portion, a main body portion that
defines a cavity, and a tray that fits within the cavity that has a number of open
indentations for receiving the nails.
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42. The configuration of the neck portion, main body and tray meet each
limitation set forth in claim 1 of the ‘305 Patent.
43. In addition, the main body of Defendants’ Nail Polish Bottle Products
is separable into two portions that divide the main body and neck portion to allow
access to the cavity and are joined to form the display package, meeting the
elements of claim 2 of the ‘305 Patent.
44. Defendants’ Nail Polish Bottle Products further include a hinge
connecting the two portions of the main body. The hinge has a first portion with
two insertion tabs the are inserted in a groove in the second portion and engage
matching receiving holes in the second portion of the body portion, thereby
meeting all of the requirements of claim 3 of the ‘305 Patent.
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45. Defendants’ Nail Polish Bottle Products further include a pull tab
extending from the first end to facilitate separating the first portion from the
second portion of the main body, satisfying each of the elements of claim 4 of the
‘305 Patent.
46. Defendants’ Nail Polish Bottle Products further include a locking
mechanism with a tab extending from the first portion of the body and having a
semi-spherical locking protrusion extending therefrom. The locking protrusion
engages a matching indentation in a groove located in the second portion of the
body such that the protrusion snaps into the indentation when the first and second
portions of the body are pushed together. This configuration of the locking
mechanism satisfies all of the requirements of claim 5 of the ‘305 Patent.
47. Defendants’ Nail Polish Bottle Products provide a display package in
the shape of a nail polish bottle when the first portion of the main body is joined to
the second portion of the main body as required by claim 6 and is formed from a
clear plastic as required by claim 7 of the ‘305 Patent.
48. Defendants’ Nail Polish Bottle Products further include a cap having a
tab disposed within an inner portion of the cap and wherein the cylindrical neck
portion comprises two grooves in which the tab fits, as required by claim 10 of the
‘305 Patent.
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49. Defendants’ importation, offer for sale and/or sale of the SuperDX
Nail Products in the United States constitutes infringement of at least claims 1-7
and 10 of the ‘305 Patent, either literally or under the doctrine of equivalents, in
violation of 35 U.S.C. § 271(a). Kiss has been harmed by Defendants’ actions and
is entitled to damages adequate to compensate it for such infringement.
50. Kiss has suffered irreparable injury from Defendants’ infringement of
the ‘305 Patent, which cannot be adequately compensated by monetary damages.
Unless Defendants’ acts of infringement of the ‘305 Patent are enjoined by the
THIRD CAUSE OF ACTION
(Infringement of United States Patent No. D662,830)
52. This count arises under the patent laws of the United States (i.e.,
Title 35, United States Code, Section 100 et seq.).
53. Defendants have imported, offered for sale and sold, and continue to
import, offer for sale and/or sell, or cause to do the same, within the United States,
Nail Polish Bottle Products which are within the scope of the D‘830 Patent.
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54. As exemplified in the illustration below comparing a perspective
view, front view and side view of the D‘830 Patent to the Defendants’ Nail Polish
Bottle Products, such products include an artificial nail display package which is
likely to deceive an ordinary observer, giving such attention as purchasers of
artificial nail products usually give, to believe that the Nail Polish Bottle Products
are substantially the same as the design claimed in the D‘830 Patent.
55. Defendants’ importation, offer for sale and/or sale of the Nail Polish
Bottle Products in the United States constitutes infringement of the D‘830 Patent,
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in violation of 35 U.S.C. § 271(a). Kiss has been harmed by Defendants’ actions
and is entitled to damages adequate to compensate it for such infringement.
Alternatively, Kiss may recover Defendants’ total profits from the infringing sales
of the Nail Polish Bottle Products pursuant to 35 U.S.C. § 289.
56. Kiss has suffered irreparable injury from Defendants’ infringement of
the D‘830 Patent, which cannot be adequately compensated by monetary damages.
Unless Defendants’ acts of infringement of the D‘830 Patent are enjoined by the
PRAYER FOR RELIEF
WHEREFORE, Plaintiff, Kiss Nail Products, Inc., prays for a judgment in
its favor and against Defendants, as follows:
(a) that each of the Defendants’ manufacture, importation, use, offer for
sale and/or sale of the SuperDX Nail Products in the United States
infringe the Kiss Patents;
(b) that the Court preliminarily and permanently enjoin each Defendant,
their respective affiliated companies, divisions and their officers,
directors, agents, servants, employees, dealers and customers, present
or prospective, and those in active concert or participation therewith,
from offering, manufacturing, importing, using, offering for sale or
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selling, or inducing others to sell, import, use, offer for sale or sell
within the United States, the SuperDX Nail Products or other items
embodying the subject matter of or otherwise infringing the Kiss
Patents;
(c) that the Court require an accounting from each Defendant;
(d) that the Court award Plaintiff monetary damages to compensate
Plaintiff for each Defendant’s infringement of the Kiss Patents,
declare that each Defendant’s infringement was willful, and treble
such damages, pursuant to 35 U.S.C. § 284;
(e) that the Court award Plaintiff Defendants’ total profits from the sales
of the Nail Polish Bottle Products pursuant to 35 U.S.C. § 289.
(f) that the Court award prejudgment and post judgment interest and costs
to Plaintiff;
(g) that the Court declare this an exceptional case pursuant to 35 U.S.C.
§ 285 and award Plaintiff its reasonable attorneys’ fees;
(h) that the Court order a recall and destruction of all of Defendants’
products that incorporate any design that infringes the Kiss Patents,
and that each Defendant shall report in writing, under oath to the
Court, that such delivery and destruction occurred; and
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(i) such other and further relief as the Court may deem appropriate.
JURY TRIAL DEMAND
Kiss hereby demands a trial by jury of this action.
Respectfully submitted, this 4th day of October, 2018.
/s/ Joshua M. Kalb

Joshua M. Kalb
Georgia Bar No. 142493
jkalb@huntonAK.com
HUNTON ANDREWS KURTH LLP
Bank of America Plaza, St. 4100
600 Peachtree Street, N.E.
Atlanta, Georgia 30308
Tel: (404) 888-4225
Fax: (404) 888-4190
Of Counsel:
Gary Abelev*
gabelev@huntonAK.com
Paul D. Ackerman*
packerman@huntonAK.com
HUNTON ANDREWS KURTH LLP
200 Park Avenue
New York, New York 10166
Tel: (212) 309-1000
(* Pro hac vice applications to be filed)
Attorneys for Kiss Nail Products, Inc.
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Case 1:18-cv-04633-MLB Document 1-1 Filed 10/04/18 Page 1 of 13
US009 179754B2
(12) United States Patent (10) Patent No.: US 9,179,754 B2

Han (45) Date of Patent: *Nov. 10, 2015
(54) ARTIFICIAL NAIL OR TIP ARRANGEMENT Y10T 428/1486; A61F 13/02: A61F 13/10;
AND METHOD OF MAKING SAME A61F 13/024; A61F 13/104; A61F 13/105;
A61F 13/0259; A61F 2013/008: A61F
(71) Applicant: Kiss Nail Products, Inc., Port 2013/00817: A61F 2013/00821: A61K9/703
Washington, NY (US) USPC .......... 132/73, 200, 73.5, 285,317, 319, 320,
132/333; 428/40.1, 41.7, 41.8, 42.2, 42.3,
(72) Inventor: Kyusang Han, Port Washington, NY 428/43, 15; 156/61, 212, 242, 245, 246,
(US) 156/247, 250, 285,289, 257, 259; 604/389,
604/390, 344; 602/57, 58,54
(73) Assignee: Kiss Nail Products, Inc., Port See application file for complete search history.
Washington, NY (US) (56) References Cited
(*) Notice: Subject to any disclaimer, the term of this U.S. PATENT DOCUMENTS
patent is extended or adjusted under 35
U.S.C. 154(b) by 0 days. 2,979,061 A 4, 1961 Greenman et al.
3,023,887 A 3, 1962 Cohen
Rplent is Subject to a terminal dis- (Continued)
(21) Appl. No.: 14/030,576
y x- - - 9
FOREIGN PATENT DOCUMENTS
JP 0611605 2, 1994
(22) Filed: Sep. 18, 2013 JP T-21748 4f1995
(65) Prior Publication Data other UEkrons
US 2014/0090657 A1 Apr. 3, 2014 Litigation Case Captioned Kiss Nail Products, Inc. v. Tianjin
Shuangrong Paper Products Co., Ltd. and Shuang Rong America,
O O LLC, filed on Jul. 31, 2015 in the United States District Court South
Related U.S. Application Data ern District of New York, Case 1: 15-cv-06019.
(63) Continuation of application No. 13/024,096, filed on Primary Examiner — Vanitha Elgart
Feb. 9, 2011, now Pat. No. 8,561,619, which is a (74) Attorney, Agent, or Firm — K&L Gates LLP
continuation-in-part of application No. 12/632,980,
filed on Dec. 8, 2009, now abandoned. (57) ABSTRACT
In some aspects, an artificial nail or tip arrangement can
(51) Int. Cl. include a body having a concave lower Surface with a shape
A45D 24/00 (2006.01) corresponding to a natural nail; an adhesive layer having a
A45D 29/00 (2006.01) first surface to adhere to a portion of the lower surface of the
A45D 3L/00 (2006.01) body and a second Surface to adhere to a portion of the natural
(52) U.S. Cl. nail; and a removable layer that covers a portion of the second
CPC .............. A45D31/00 (2013.01); A45D 29/001 surface of the adhesive layer, the removable layer having at
(2013.01); Y10T 428/1471 (2015.01); Y10T least one slit formed therethrough and disposed alonga planar
428/1476 (2015.01) surface of the removable layer, wherein the at least one slit is
(58) Field of Classification Search configured to facilitate conformance of the planar Surface of
CPC ...... - - - - - A45D 29/001: A45D 2029/002; A45D
the removable layer to the concave lower surface of the body
31/00; A45D 2031/005; A45D 29/00; A45D without wrinkling the removable layer.
29/18: Y1OT 428/1471; Y1OT 428/1476; 16 Claims, 6 Drawing Sheets
US 9,179,754 B2
Page 2
(56) References Cited 6,941,954 B1 9, 2005 Belcher

7,185,660 B1 3, 2007 Han
U.S. PATENT DOCUMENTS 7.306,837 B2 12/2007 Hagen et al.
7,709,070 B2 * 5/2010 Kinsey et al. ................ 428/40.1
3,880,159 A 4, 1975 Diamond 7,824,753 B2 11/2010 Bartusiak
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451 1,608 A 4, 1985 Ferraro 7,910,792 B2 3/2011 Iwahashi et al.
4,524,095 A 6, 1985 Gockel et al. 7,921,999 B1 * 4/2011 Kimball ........................ 206,440
4,526,648 A 7, 1985 Tochtermann 8,118,039 B2* 2/2012 Chang ........................... 132,285
4,536,426 A 8/1985 Massey 8,216,653 B2 7/2012 Liao et al.
4,587,146 A 5/1986 Anhauser et al. 8,528,570 B2 * 9/2013 Chang ............................. 132.73
4,614,183. A 9/1986 McCracken et al. 2002/0011304 A1 1/2002 Abron
4,745,934 A 5, 1988 Mast et al. 2003/0138479 A1* 7/2003 Mizota et al. ................. 424/443
4,824,702 A 4, 1989 Straub 2004/O138603 A1 7/2004 Cleary et al.
4,860,774 A 8, 1989 Becker 2005/0214495 A1 9, 2005 Thiebaut
4,876,121 A 10, 1989 Cohen 2005/0217686 A1 10, 2005 Lee
4,903,840 A 2, 1990 So 2005/0256439 A1 11/2005 Grossman
4.947,876 A 8, 1990 Larsen 2006,0003133 A1 1/2006 Johnson
5,005,595 A 4/1991 Aylott 2006, O124237 A1 6/2006 Nordin et al.
5,008, 110 A 4, 1991 Benecke et al. 2007/O1077.45 A1 5/2007 Kiyomoto
5,044,384 A 9, 1991 Hokama et al. 2007/0212509 A1* 9/2007 Herbig et al. ................ 428/40.1
5,266,371 A 1 1/1993 Sugii et al. 2008/0283076 A1 11/2008 Fracassi et al.
5,279,690 A 1/1994 Hess et al. 2008/0286,517 A1 11/2008 Zickell et al.
5,415,903. A 5, 1995 Hoffman et al. 2009 OOO4422 A1 1/2009 Bartusiak
5,450,864 A 9/1995 LaJoie et al. 2009, 0230011 Al 9, 2009 Park
5,525,389 A 6, 1996 Hoffmann et al. 2010/0224312 A1 9/2010 Tsubaki et al.
5,705,021 A 1/1998 Wurz et al. 2011/0030711 A1 2/2011 Han
5,720.499 A 2f1998 Sakashita 2011/0114106 A1 5, 2011 Munoz
5,800,894 A 9, 1998 Navis 2011 0146893 A1 6/2011 Marty et al.
5,853,530 A 12/1998 Allen 2011/0208103 A1 8/2011 Leschinsky
5,868,727 A 2f1999 Barr et al. 2013/00591.04 A1* 3/2013 Chang .......................... 428/41.8
5,914, 165 A 6, 1999 Freedman 2013/02894.65 A1 * 10/2013 Hohnbaum ..................... 6O2/57
5.998,694 A 12/1999 Jensen et al.
6,001,441 A 12/1999 Polizzano FOREIGN PATENT DOCUMENTS
6,042,679 A 3, 2000 Holt et al.
6,062,235 A 5, 2000 Renna JP 2002-321293 11, 2002
6,096.942 A 8, 2000 Hack JP 3110401 6, 2005
6,277.458 B1 8/2001 Dirksing et al. KR 102006009 1440 8, 2006
6,297,422 B1 10/2001 Hansen et al. TW M347925 1, 2009
6,357,451 B1 3, 2002 Carter TW M355926 5, 2009
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6,394,100 B1 5/2002 Chang
6,841,716 B1 1/2005 Tsutsumi * cited by examiner
U.S. Patent Nov. 10, 2015 Sheet 1 of 6 US 9,179,754 B2
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US 9,179,754 B2
1. 2
ARTIFICIAL NAL ORTPARRANGEMENT present invention provides an artificial nail or tip arrangement
AND METHOD OF MAKING SAME having slits cut from a removable layer covering an adhesive
layer.
CROSS-REFERENCE TO RELATED According to one aspect of the present invention, an arti
APPLICATIONS ficial nail or tip arrangement is provided that includes a body
having a concave lower Surface with a shape corresponding to
This application is a Continuation Application of U.S. a shape of at least one portion of a natural nail. The artificial
patent application Ser. No. 13/024,096, filed on Feb. 9, 2011, nail or tip arrangement also includes an adhesive layer having
which is a Continuation-In-Part Application of U.S. patent a first Surface and an opposing second surface. The first Sur
application Ser. No. 12/632,980, filed Dec. 8, 2009, the con 10 face adheres to at least one portion of the concave lower
tents of which are incorporated herein by reference. surface of the body and the second surface is provided to
adhere to the at least one portion of the natural nail when
BACKGROUND applied thereto. The artificial nail or tip arrangement further
includes a removable layer that covers at least one portion of
1. Field of the Invention
15 the second surface of the adhesive layer, and which is remov
The present invention relates generally to artificial nails able to expose the at least one portion of the second surface of
the adhesive layer for application to the at least one portion of
(e.g., finger nails or toe nails), nail extensions, tips, etc., and the natural nail. The removable layer includes at least one slit
more particularly, to a pre-taped artificial nail having an adhe formed therethrough and disposed along a planar Surface of
sive with a removable protective layer, and a method of mak the removable layer. The at least one slit is disposed entirely
ing the same. within a periphery of the removable layer. The at least one slit
2. Description of Related Art is configured to facilitate conformance of the planar Surface
Ornamental fingernail accessories made from thin, molded of the removable layer to the concave lower surface of the
plastic members manufactured generally in the shape of a body without wrinkling the removable layer after adherence
fingernail are commonly known in the art. (See, e.g. U.S. Pat. 25 of the first surface of the adhesive layer with the concave
No. 6.394,100 issued to Chang). Typically, the user applies a lower surface of the body.
Small amount of a liquid bonding adhesive to the fingernail According to another aspect of the present invention a
accessory or the natural nail and affixes the fingernail acces method of making an artificial nail or a nail tip is provided. A
sory to the nail. As an alternative, U.S. Pat. No. 4,745,934 body is provided having a shape corresponding to at least one
issued to Mastet al., provides an adhesive press-on tab system 30 portion of the artificial nail or the nail tip, a convex surface
for attaching artificial fingernails to the user's natural nails. and a concave Surface. A composite Strip is disposed over the
The tabs are essentially double-sided adhesive tape with body. The composite strip comprises an a removable layer
removable layers that are interposed between the artificial and an adhesive layer having a first Surface and second Sur
fingernail and the natural fingernail. face, the first surface faces the concave surface of the body,
Attempts have been made to provide an ornamental finger 35 and the second surface is covered by the removable layer. At
nail having a pre-applied pressure sensitive layer with varying least one slit is formed in the removable layer. The at least one
degrees of success. For example, U.S. Pat. No. 5,415,903 slit is disposed entirely within a periphery of the removable
issued to Hoffman et al. describes a self-adhesive laminate layer. A pressure is applied to the composite strip so as to
having an adhesive composition made of an acrylic copoly adhere at least one portion of the adhesive layer to the concave
mer requiringacrylic acid and titanium chelate ester. U.S. Pat. 40 surface of the body. The application of the pressure to the
No. 6,042,679 issued to Holt et al. describes that an acrylic portion of the composite strip, which adhered to the concave
pressure sensitive adhesive known in the art can be used in a surface of the body, is reduced or eliminated. The at least one
method for treating damaged fingernails. U.S. Pat. No. 5,044. slit is configured to facilitate conformance of the planar Sur
384 issued to Hokama et al. describes that a pressure-sensitive face of the removable layer to the concave surface of the body
adhesive known in the art can be used in a method for accom 45 without wrinkling the removable layer after adherence of the
plishing a rapid and durable manicure. U.S. Pat. No. 4,860, composite strip to the concave surface of the body.
774 issued to Becker describes that a commercially available According to an additional aspect of the present invention,
pressure-sensitive adhesive can be used in a method for fin an artificial nail or tip arrangement is provided including a
gernail reinforcement. body having a concave lower Surface with a shape corre
U.S. Pat. No. 7,185,660 to Han describes an artificial fin 50 sponding to a shape of at least one portion of a natural nail.
gernail and method of making an artificial fingernail in which The artificial nail or tip arrangement also includes an adhesive
the artificial fingernail is pre-taped with an adhesive layer layer having a first Surface and an opposing second Surface.
covered by a removable layer during the manufacturing pro The first surface adheres to at least one portion of the concave
cess. The removable layer covers the adhesive layer and is lower surface of the body and the second surface is provided
removable to expose the adhesive layer for application to the 55 to adhere to the at least one portion of the natural nail when
natural fingernail. applied thereto. The artificial nail or tip arrangement further
However, during manufacture, when the adhesive layer is includes a removable layer that covers at least one portion of
pushed to contact and adhere to a concave lower Surface of the the second surface of the adhesive layer, and which is remov
artificial fingernail, a crease or wrinkle can form in the remov able to expose the at least one portion of the second surface of
able layer resulting in a less desirable product with compro 60 the adhesive layer for application to the at least one portion of
mised adhesive properties. the natural nail. The removable layer includes at least one tab
that extends outwardly outside a periphery of the body, and at
SUMMARY OF INVENTION least one slit formed therethrough and disposed alonga planar
surface of the removable layer, the at least one slit being
The present invention has been made to address at least the 65 disposed entirely within a periphery of the removable layer.
above problems and/or disadvantages and to provide at least The at least one slit is configured to facilitate conformance of
the advantages described below. Accordingly, an aspect of the the planar surface of the removable layer to the concave lower
US 9,179,754 B2
3 4
surface of the body without wrinkling the removable layer same or similar components may be designated by the same
after adherence of the first surface of the adhesive layer with or similar reference numerals although they are illustrated in
the concave lower surface of the body. different drawings. Detailed descriptions of constructions or
According to a further aspect of the present invention, an processes known in the art may be omitted to avoid obscuring
artificial nail or tip arrangement is provided that includes a the subject matter of the present invention.
body having a concave lower Surface with a shape corre FIGS. 1 and 2 show an artificial fingernail 10 according to
sponding to a shape of at least one portion of a natural nail. a first embodiment of the present invention. The term “artifi
The body has a cuticle end for application proximate to the cial fingernail' can include, but is not limited to, a full-cover
cuticle of the natural nail and a nail tip end opposite the cuticle nail intended to be applied over the entire surface of a user's
end. The artificial nail or tip arrangement also includes an 10 natural nail (e.g., a finger nail or a toe nail), a nail extension or
adhesive layer having a first Surface and an opposing second “nail tip' intended to be applied to at least one portion of the
surface. The first surface adheres to a first portion of the user's natural nail, and the like.
concave lower surface of the body and the second surface is As shown in FIGS. 1 and 2, the artificial nail 10 may
provided to adhere to the at least one portion of the natural nail include a polymeric body 20 corresponding to a shape of at
when applied thereto. The artificial nail or tip arrangement
further includes a removable layer that covers the second 15 least one portion of a natural fingernail. The polymeric body
surface of the adhesive layer, and which is removable to 20 can be designed as a full-cover nail, a partial artificial nail
expose the second Surface of the adhesive layer for applica portion and/oran artificial nail tip. The polymeric body 20 can
tion to the at least one portion of the natural nail. The remov be made from a composition of Acrylonitrile-Butadiene-Sty
able layer includes a tab that extends outwardly beyond a rene (ABS) plastic and a polycarbonate. Further, the poly
periphery of the body and the adhesive layer, and a plurality of meric body 20 can also be made from any plastic-like material
slits formed therethrough and disposed along a planar Surface commonly employed in the manufacture of artificial nails,
of the removable layer. At least two of the plurality of slits are Such as ABS plastic, nylon, tenite acetate, vinyl acetate, poly
formed at angles with respect to a longitudinal axis of the carbonates, polyvinyl chloride, etc.
body. The angles of the at least two of the plurality of slits are Examples of suitable hard materials for the polymeric body
different from each other. The plurality of slits are configured 25 20 can include Styrolux.R. 684D (SBC), a styrene-butadiene
to facilitate conformance of the planar surface of the remov block copolymer available from BASF Corporation; Cyro (R)
able layer to the concave lower surface of the body without R40 (acrylic base), an acrylic-based multipolymer available
wrinkling the removable layer after adherence of the first from Cyro Industries of Rockaway, N.J.; Lexane KRO1 (PC)
surface of the adhesive layer with the concave lower surface (trade name), a polycarbonate available from GE Plastics;
of the body. 30 K-Resin(R) (SBC), a styrene-butadiene copolymer available
BRIEF DESCRIPTION OF THE DRAWINGS from Chevron Phillips Chemical Company; TP-UXS
(MMBS) (trade name), a methyl methacrylate butadiene sty
The above and other aspects, features and advantages of the rene terpolymer available from DENKA of Tokyo, Japan;
present invention will be more apparent from the following Starex R 5010 (ABS), an acrylonitrile butadiene styrene
description when taken in conjunction with the accompany 35 available from Samsung Cheil Industries: Zylar R 220
ing drawings, in which: (SMMC) and Nas(R 30, styrene methyl methacrylate copoly
FIG. 1 illustrates a first embodiment of an artificial finger mers available from Nova Chemicals; and Toyalac 920 (Clear
nail of the present invention; ABS), an acryloritrile butadiene styrene available from Toray
FIG. 2 is a bottom perspective view according to the first Resin Company.
embodiment of the present invention in FIG. 1; 40 The polymeric body 20 preferably has a thickness of
FIG. 3 is a side view of a mold for processing according to between about 0.35 and 0.65 mm, but the thickness may vary
an embodiment of the present invention; according to the application. The polymeric body 20 can
FIG. 4 is a side view of a second embodiment of the include an upper Surface 22, which is provided to be away
artificial fingernail of the present invention; from a surface of the user's natural nail, and a lower Surface
FIG. 5 is a bottom perspective view of the second embodi 45 24, which is structured to face a top surface of the user's
ment of the present invention in FIG. 4; natural nail. An adhesive layer 30 can be secured to at least
FIG. 6 is a side view of a third embodiment of the artificial one portion of the lower surface 24, preferably a proximal
fingernail of the present invention; portion of lower surface 24 which is intended to be closer to
FIG. 7 is a bottom perspective view of the third embodi a cuticle of the user's natural nail. The adhesive layer 30 is
ment of the present invention in FIG. 6; 50 configured to adhere to an upper Surface of the user's natural
FIG. 8 is a side view of a fourth embodiment of the artificial nail when applied thereto. The adhesive layer 30 can include,
fingernail of the present invention; e.g., a copolymer of acrylic ester and vinyl acetate formed
FIG. 9 is a bottom perspective view of the fourth embodi from an aqueous acrylic copolymer emulsion that has been
ment of the present invention in FIG. 8: dried on a carrier film.
FIGS. 10A-10E are diagrams illustrating embodiments of 55 A removable layer 40 can be provided on, and cover, the
the artificial nail of the present invention including one or adhesive layer 30. The removable layer 40 can be removed
more slits; from the adhesive layer 30 to expose adhesive layer 30 for
FIG. 11 illustrates an embodiment of the present invention application to the user's natural fingernail. In particular,
including one or more slots; and according to the first embodiment of the present invention, the
FIG. 12 illustrates an embodiment of the present invention 60 removable layer 40 includes a tab 42 for facilitating removal
including one or more channels. of the layer 40 from the adhesive layer 30 extending out
wardly beyond the periphery of the polymeric body 20.
DETAILED DESCRIPTION OF EMBODIMENTS According to this embodiment and as shown in FIGS. 1 and 2.
OF THE PRESENT INVENTION the tab 42 can be integrally and/or detachably connected to a
65 front edge of the layer 40, e.g., at afront edge of the polymeric
Embodiments of the present invention are described in body 20 that is provided for application at or close to a cuticle
detail with reference to the accompanying drawings. The of the user's natural nail.
US 9,179,754 B2
5 6
Due to the positioning of the tab 42 beyond the periphery of A second embodiment of the artificial fingernail 10 is
the polymeric body 20 and/or the artificial nail 10, it is easier shown in FIGS. 4 and 5. All of the elements of the second
and quicker for the user to remove the removable layer 40 embodiment illustrated in FIGS. 4 and 5that are labeled in the
from the adhesive layer 30 that is provided on the polymeric same manner as those provided in the first embodiment illus
body 20. This is because there is a structure to allow the user trated in FIGS. 1 and 2 are the same or similar elements. The
to grasp the tab 42 of the removable layer 40 to remove it from difference between the first and second embodiments is that a
the adhesive layer 30. In addition, it is possible to bend the tab tab 43 is provided at a side of the polymeric body 20 and/or
42 to be initially situated under the lower surface 24 when it the artificial nail 10. In particular, according to the second
is packaged. This configuration (i.e., bending) of the tab 42 embodiment of the present invention, the tab 43, which is
can facilitate an easier packaging of the artificial nail 10 (or 10 provided for facilitating removal of the removable layer 40
tip? extension), and possibly reduce and/or prevent damage or from the adhesive layer 30, extends outwardly beyond the
unintended removal of the tab 42. When the user or anyone periphery of the polymeric body 20. Particularly, the tab 43
else is prepared to remove the removable layer 40, the tab 42 can be integrally and/or detachably connected to a right side
can be unbent such that it extends beyond the periphery of the edge of the removable layer 40, e.g., at a right side edge of the
polymeric body 20. 15 polymeric body 20.
The adhesive layer 30 can include a film including a pres A third embodiment of the artificial fingernail 10 is shown
sure sensitive adhesive, and the removable layer 40 can in FIGS. 6 and 7. All of the elements of the third embodiment
include a silicon treated paper or plastic film. According to provided in FIGS. 6 and 7 that are labeled in the same manner
one embodiment of the present invention, the adhesive layer as those provided in the second embodiment illustrated in
30 is preferably an unsupported laminating film having a FIGS. 4 and 5 are the same or similar elements. The difference
thickness approximately between 0.100 and 0.150 mm. The between the second and third embodiments is that a tab 44 is
adhesive layer 30 may be a vinyl film coated on each side with provided at a side of the polymeric body 20 and/or the artifi
an adhesive. For example, the removable layer 40 can be cial nail 10 that is opposite the side at which tab 43 was
made from plastic, paper or another material, and have a provided. In particular, the tab 44 can be integrally and/or
surface that is in contact with the adhesive layer 30 that is 25 detachably connected to a left side edge of the removable
configured for easy removal thereof when pulled by the user. layer 40, e.g., at a left side edge of the polymeric body 20.
In an embodiment of the present invention, a method for A fourth embodiment of the artificial fingernail 10 is shown
making an artificial fingernail can be provided. For example, in FIGS. 8 and 9. All of the elements of the fourth embodi
at least one polymeric body having a shape corresponding ment provided in FIGS. 6 and 7 that are labeled in the same
with at least a portion of a natural nail can be formed. In FIG. 30 manner as those provided in the first, second and third
3, an injection mold is illustrated which includes a mold part embodiments illustrated in FIGS. 1-7 are the same or similar
50 for forming the polymeric body, i.e., four polymeric bodies elements. The difference between the fourth embodiment and
20a, 20b, 20c, 20d as shown. The mold part 50 includes at the first, second and third embodiments is that all three tabs
least one and preferably several cavities or well portions, i.e., 42, 43.44 are provided at the respective sides of the polymeric
four well portions 52a, 52b, 52c, 52d, as shown in FIG. 3. 35 body 20 and/or the artificial nail 10. Thus, the user of the
Each well portion 52a, 52b, 52c, 52d can have the shape, size artificial nail 10 can pull any one or more of the three tabs 42,
and thickness of the respective polymeric bodies 20a, 20b, 43, 44 to remove the removable layer 40 from the adhesive
20c, 20d. Each polymeric body 20a, 20b, 20c, 20d formed in layer 30, so that the adhesive layer can be applied to the top
mold part 50 has a convex surface 22a, 22b. 22c, 22d and a Surface of at least one portion of the user's natural nail.
concave Surface 24a, 24b, 24c, 24d. 40 Referring again to FIG. 3, when the gas pressure and/or air
After forming polymeric bodies 20a, 20b. 20c, 20d, a com pressure is directed toward the mold part 50, specifically
posite strip 300 is disposed over the polymeric bodies. The toward the second layer surface 34, and the first layer surface
composite strip 300 can include the adhesive layer 30 having 32 of the adhesive layer 30 is pushed to contact and adhere to
first and second layer surfaces 32, 34, respectively, and the the concave surfaces 24a, 24b, 24c, 24d of the polymeric
removable layer 40. For example, the composite strip 300 can 45 bodies 20a, 20b, 20c, 20d, a crease or wrinkle can form in the
include a pressure sensitive adhesive film covered on one side removable layer 40.
with a silicon treated paper or plastic film. The first layer Accordingly, an embodiment of the artificial nail of the
surface 32 faces the concave surfaces 24a, 24b, 24c, 24d of present invention includes the removable layer 40 having one
the polymeric bodies 20a, 20b. 20c, 20d. The second layer or more slits 401. As illustrated in FIGS. 10A-10E, the slits
surface 34 can be covered by the removable layer 40. 50 401 can be provided in (a) a vertical orientation; (b) a hori
According to an embodiment of the present invention, gas Zontal orientation; (c) a mixed horizontal and vertical orien
pressure and/or air pressure can then be directed toward the tation with the slits 401 extending to an edge 402 of the
mold part 50, and specifically toward the second layer surface removable layer 40; (d) a radial orientation with the slits 401
34. Thus, in such manner, the first layer surface 32 of the extending to the edge 402 of the removable layer 40; and (e)
adhesive layer 30 is pushed to contact and adhere to the 55 a mixed horizontal, Vertical and radial orientation.
concave surfaces 24a, 24b, 24c, 24d of the polymeric bodies The radial orientation of the slits 401 is preferably oriented
20a, 20b. 20c, 20d. According to another embodiment of the along lines where the concave surfaces 24a, 24b, 24c, 24d
present invention, it is possible to utilize one or more robotic exhibit the highest concavity, and is not limited to lines
arms to press the composite strip 300 on top of the polymeric directed towards the center of the removable layer 40. Thus,
bodies 20a, 20b, 20c, 20d so that the composite strip 300 60 when the adhesive layer 30 is pushed to contact and adhere to
contacts these polymeric bodies 20a, 20b, 20c, 20d. Robotic the concave surfaces 24a, 24b, 24c, 24d of the polymeric
arms can be controlled via a computer arrangement (e.g., a bodies 20a, 20b, 20c, 20d, the removable layer 40 will no
microprocessor), which can implement and/or execute soft longer crease or wrinkle due to the space and flexibility pro
ware residing on a computer-accessible medium (e.g., hard vided by the slits 401.
disk, floppy drive, memory stick, RAM, ROM, etc.) to press 65 In an embodiment of the present invention shown in FIG.
the composite strip 300 on top of the polymeric bodies 20a, 10E, the combination orientation includes two sets of non
20b, 20c, 20d. continuous horizontal slits 501, two sets of non-continuous
US 9,179,754 B2
7 8
vertical slits 502, and one or more radial slits 503 extending and details may be made therein without departing from the
from the edge 402 of the removable layer 40 at an approxi spirit and scope of the invention as defined by the appended
mate 45-degree angle. claims.
A method for manufacturing the layer 40 having the slits What is claimed is:
401 (or 501, 502 and 503) preferably occurs through a die 5 1. An artificial nail or tip arrangement comprising:
cutting process. A die is made according to one of the orien a body having a concave lower Surface with a shape corre
tations described above, i.e. with slits 401 provided in a sponding to a shape of at least one portion of a natural
Vertical, horizontal, mixed, radial, or combination orienta nail;
tion. Specifically, the die is shaped according to the number an adhesive layer having a first Surface and an opposing
and orientations of the slits 401 to be cut into the removable 10 second surface, wherein the first surface adheres to at
layer 40. Prior to, or simultaneous with, the application of least one portion of the concave lower surface of the
pressure to the composite strip 300, the slits 401 are cut in the body and the second surface is provided to adhere to the
removable layer 40 using the shaped die. As described below at least one portion of the natural nail when applied
thereto; and
with respect to FIGS. 11 and 12, the slits may comprise one or 15 a removable layer that covers at least one portion of the
more slots 411 or channels 421, which are formed by cutting second surface of the adhesive layer, and which is
a wider gap in the removable layer 40 than for the slits 401. removable to expose the at least one portion of the sec
The method for making the artificial fingernails then proceeds ond surface of the adhesive layer for application to the at
as described above. As a result of the die cutting process on least one portion of the natural nail, the removable layer
the removable layer, slits, slots or channels may also be comprising at least one linear slit not intersecting
formed in the adhesive layer. another slit and formed therethrough, the at least one
A further embodiment of the present invention is illustrated linear slit disposed along a planar Surface of the remov
in FIG. 11 and includes the removable layer 40 having one or able layer and away from an outer edge of the removable
more slots 411, the slots 411 being wider than the slits 401. As layer,
described above for the one or more slits 401, the slots 411 25 wherein the at least one slit is configured to facilitate con
can be provided in (a) a vertical orientation, (b) a horizontal formance of the planar surface of the removable layer to
orientation, (c) a mixed horizontal and vertical orientation the concave lower surface of the body without wrinkling
with the slots 411 extending to an edge 402 of the removable the removable layer after adherence of the first surface of
layer 40, (d) a radial orientation with the slots 411 extending the adhesive layer with the concave lower surface of the
to the edge 402 of the removable layer 40 and similar to the 30 body.
combination orientation shown in FIG. 10E. 2. The artificial nail or tip arrangement according to claim
The radial orientation of the slots 411 is preferably oriented 1, wherein the at least one slit is oriented vertically along a
along lines where the concave surfaces 24a, 24b, 24c, 24d length of the body.
exhibit the highest concavity, and is not limited to lines 3. The artificial nail or tip arrangement according to claim
directed towards the center of the removable layer 40. Thus, 35 1, wherein the at least one slit is oriented horizontally across
when the adhesive layer 30 is pushed to contact and adhere to a width of the body.
the concave surfaces 24a, 24b, 24c, 24d of the polymeric 4. The artificial nail or tip arrangement according to claim
bodies 20a, 20b, 20c, 20d, the removable layer 40 will no 1, wherein the at least one slit comprises a plurality of slits
longer crease or wrinkle due to the space and flexibility pro that extend Vertically along a length of the body and horizon
vided by the slots 411. 40 tally across a width of the body.
FIG. 12 illustrates an additional preferred embodiment of 5. A method of making an artificial nail or a nail tip com
the present invention and includes the removable layer 40 prising the steps of:
having one or more channels 421, the channels 421 being providing a body having a shape corresponding to at least
wider than the slots 411 and including an opening in the one portion of the artificial nail or the nail tip, a convex
adhesive layer 30 and the removable layer 40. Thus, within 45 Surface and a concave Surface;
the channels 421, the lower surface 24 of the polymeric body disposing a composite strip over the body, wherein the
20 is exposed to the user's environment. composite Strip comprises a removable layer and an
As described above for the one or more slits 401, the adhesive layer having a first Surface and second Surface,
channels 421 can be provided in (a) a vertical orientation, (b) the first surface faces the concave surface of the body,
a horizontal orientation, (c) a mixed horizontal and Vertical 50 and the second surface is covered by the removable
orientation with the channels 421 extending to an edge 402 of layer;
the removable layer 40, (d) a radial orientation with the chan forming at least one linear slit in the removable layer, the at
nels 421 extending to the edge 402 of the removable layer 40 least one slit not intersecting another slit and being dis
and similar to the combination orientation shown in FIG. posed away from an outer edge of the removable layer;
10(e). 55 applying a pressure to the composite strip so as to adhere at
The radial orientation of the channels 421 is preferably least one portion of the adhesive layer to the concave
oriented along lines where the concave Surfaces 24a, 24b, surface of the body; and
24c, 24d exhibit the highest concavity, and is not limited to reducing or eliminating the application of the pressure to
lines directed towards the center of the removable layer 40. the portion of the composite strip which adhered to the
Thus, when the adhesive layer 30 is pushed to contact and 60 concave surface of the body,
adhere to the concave surfaces 24a, 24b, 24c, 24d of the wherein the at least one slit is configured to facilitate con
polymeric bodies 20a, 20b. 20c, 20d, the removable layer 40 formance of the planar surface of the removable layer to
will no longer crease or wrinkle due to the space and flexibil the concave surface of the body without wrinkling the
ity provided by the channels 421. removable layer after adherence of the composite strip to
While the invention has been shown and described with 65 the concave surface of the body.
reference to certain embodiments thereof, it will be under 6. The method according to claim 5, wherein the at least
stood by those skilled in the art that various changes in form one slit is oriented vertically along a length of the body.
US 9,179,754 B2
9 10
7. The method according to claim 5, wherein the at least wherein the plurality of angled slits are configured to facili
one slit is oriented horizontally across a width of the body. tate conformance of the planar surface of the removable
8. The method according to claim 5, wherein the at least layer to the concave lower surface of the body without
one slit comprises a plurality of slits that extend vertically wrinkling the removable layer after adherence of the first
along a length of the body and horizontally across a width of 5 surface of the adhesive layer with the concave lower
the body. surface of the body.
9. An artificial nail or tip arrangement comprising: 11. The artificial nail or tip arrangement according to claim
9, wherein the removable layer further comprises a plurality
a body having a concave lower surface with a shape corre of angled slits formed therethrough and disposed along a
sponding to a shape of at least one portion of a natural 10 planar surface of the removable layer, at least two of the
nail; plurality of angled slits being formed at non-perpendicular
an adhesive layer having a first surface and an opposing angles with respect to a longitudinal axis of the body, and the
second surface, wherein the first surface adheres to at angles of the at least two of the plurality of angled slits being
least one portion of the concave lower surface of the different from each other,
body and the second surface is provided to adhere to the 15 wherein the plurality of angled slits are configured to facili
at least one portion of the natural nail when applied tate conformance of the planar surface of the removable
thereto; and layer to the concave lower surface of the body without
a removable layer that covers at least one portion of the wrinkling the removable layer after adherence of the first
second surface of the adhesive layer, and which is surface of the adhesive layer with the concave lower
removable to expose the at least one portion of the sec surface of the body.
12. The artificial nail or tip arrangement according to claim
ond surface of the adhesive layer for application to the at 1, wherein the at least one linear slit is disposed along a line
least one portion of the natural nail, the removable layer where the concave
comprising at least one tab that extends outwardly out lower surface exhibits the highest concav
side a periphery of the body, and at least one linear slit ity.13. The method according to claim 5, wherein the at least
not intersecting another slit and formed therethrough, 25
the at least one linear slit disposed along a planar surface one linear slit is disposed along a line wherein the concave
surface exhibits the highest concavity.
of the removable layer and away from an outer edge of 14. The artificial nail or tip arrangement according to claim
the removable layer, 9, wherein the at least one linear slit is disposed along a line
wherein the at least one slit is configured to facilitate con where
formance of the planar surface of the removable layer to 30 ity. the concave lower surface exhibits the highest concav
the concave lower surface of the body without wrinkling 15. The artificial nail or tip arrangement according to claim
the removable layer after adherence of the first surface of 9, wherein the body has a cuticle end for application proxi
the adhesive layer with the concave lower surface of the mate to a cuticle of the natural nail and a nail tip end opposite
body.
10. The artificial nail or tip arrangement according to claim 35 the cuticle end, and wherein the at least one tab comprises a
1, wherein the removable layer further comprises a plurality plurality of tabs extending from the outer edges of the remov
of angled slits formed therethrough and disposed along a able16.layer that are positioned away from the cuticle end.
The artificial nail or tip arrangement according to claim
planar surface of the removable layer, at least two of the 9, wherein the tab is adapted to be bent under the concave
plurality of angled slits being formed at non-perpendicular
angles with respect to a longitudinal axis of the body, and the 40 lower surface and unbent to extend outwardly outside the
angles of the at least two of the plurality of angled slits being periphery of the body.
different from each other,
USOO8662305B2
(12) United States Patent (10) Patent No.: US 8,662,305 B2

Sung (45) Date of Patent: Mar. 4, 2014
(54) ARTIFICIAL NAIL DISPLAY PACKAGE 3,927,783 A * 12/1975 Bogert .......................... 215/222
D287,578 S 1/1987 Shay et al.
D307,196 S 4, 1990 McClure
(75) Inventor: Siyong Sung, Roslyn Heights, NY (US) 5,050,757 A * 9/1991 Hidding et al. ............ 220, 23.83
ck
(73) Assignee: Kiss Nail Products, Inc., Port 2.5i 88: Shetal. ............ D3/2O3.3
Washington, NY (US) 6,036,018 A 3/2000 Harrold
D460,354 S 7/2002 Goldiner et al.
(*) Notice: Subject to any disclaimer, the term of this 93.
was
R: 1358. SS
oppola
past islisted under 35 8,033,409 B2 * 10/2011 Lindemann .................. 220/4.21
.S.C. 154(b) by ayS. 2004/0045867 A1 3/2004 Appelbaum
2004/0226904 A1* 11/2004 Schroeder ......................... 215/6
(21) Appl. No.: 13/111,659 2005/0000850 A1 1/2005 Young
2005.0006267 A1 1/2005 Lam et al.
(22) Filed: May 19, 2011 2005/0051454 A1 3/2005 Coe et al. ...................... 206,536
(Continued)
(65) Prior Publication Data
US 2011/0303235 A1 Dec. 15, 2011 FOREIGN PATENT DOCUMENTS
DE 42 06244 9, 1993
Related U.S. Application Data EP 1523903 4/2005
FR 2 620913 3, 1989
(63) Continuation-in-part of application No. 12/797.325, GB 1 O16 O15 1, 1996
filed on Jun. 9, 2010, now Pat. No. 8,245,849. -- - -- -
Primary Examiner — David Fidei
(51) Int. Cl. (74) Attorney, Agent, or Firm — The Farrell Law Firm, P.C.
B65D 83/04 (2006.01)
(52) U.S. Cl. (57) ABSTRACT
USPC ............................ 206/535; 206/.457; 206/499 A display package is provided that informs the customer of
(58) Field of Classification Search the product contained therein as well as providing a func
USPC ......... 206/216, 223,528,526,581, 499, 457, tional and useful storage unit for artificial nails when not in
206/535; 215/6: 220/23.86, 23.83, 4.26 use. The display package includes a cylindrical neck portion
See application file for complete search history. at a first end having one or more grooves and a cap having one
or more tabs located in an inner portion of the cap, the one or
(56) References Cited more tabs fitting into the one or more grooves. The display
package further comprises a main body having a front wall, a
U.S. PATENT DOCUMENTS back wall, and sidewalls that contour inwards to connect to
1999,328 A 4/1935 Lessard
the cylindrical neck portion, the main body having a flat base
2,575,770 A 1 1/1951 Roop at a second end opposite to the cylindrical neck portion with
3,362.530 A 1, 1968 Neil the walls of the main body forming a cavity there within.
3,595,417 A * 7/1971 Musher ......................... 215/222
3,732,999 A * 5, 1973 Rounkles .......................... 215/6 10 Claims, 11 Drawing Sheets
191
19 O
US 8,662,305 B2
Page 2
(56) References Cited 2008, OO60957 A1 3, 2008 Ford et al.

2008.OO73237 A1 3/2008 Jackson
U.S. PATENT DOCUMENTS 2008/0237082 A1 10, 2008 Ghardan et al.
2006, O157375 A1 7/2006 DeJonge
2007/0045148 A1 3, 2007 Sacier et al. * cited by examiner
U.S. Patent Mar. 4, 2014 Sheet 1 of 11 US 8,662,305 B2
13O
FIG. 2
FIG. 3A FIG. 3B
U.S. Patent Mar. 4, 2014 Sheet 4 of 11

1 OO
191
190
2OO II
S
2OO
FIC.. 6
191
190
FIG. 7

134
134
134
118
FIC. 1 1A FIC. 1 1B FIC. 1 1 C
134
136 135
FIG. 12
143
US 8,662,305 B2
1. 2
ARTIFICIAL NAL DISPLAY PACKAGE the one or more tabs fitting into the one or more grooves. The
display package further comprises a main body having a front
PRIORITY wall, a back wall, and sidewalls that contour inwards to con
nect to the cylindrical neck portion, the main body having a
This application is a Continuation-In-Part Application of 5 flat base at a second end opposite to the cylindrical neck
application Ser. No. 12/797.325, filed Jun. 9, 2010, and portion with the walls of the main body forming a cavity there
claims priority under 35 U.S.C. S 119(a) to U.S. Application within.
No. 29/363,448, the contents of which are incorporated According to a further embodiment of the present inven
herein by reference. tion, a method of packaging and displaying artificial nails
10
BACKGROUND OF THE INVENTION
comprises forming a first portion and a second portion to
divide a main body and a cylindrical neckportion and joining
1. Field of the Invention the first portion and the second portion to form a display
The present invention relates generally to a display pack package. The method further comprises fitting a cap over a
age, and more particularly to a display package shaped as a 15 cylindrical neck portion of the display package, the cap hav
nail polish bottle for displaying artificial nails. ing one or more tabs located in an inner portion of the cap and
2. Description of the Related Art twisting the cap over the cylindrical neck portion and the
An industry has grown around pre-formed artificial nails to cylindrical neck portion having one or more grooves, the one
provide people with the appearance of well-manicured hands or more tabs fitting into the one or more grooves.
while offering the convenience of a disposable and easy to According to an additional embodiment of the present
maintain product. Caring for and growing nails naturally can invention, an apparatus for packaging and displaying artifi
be both costly and time consuming; thus fashion-conscious cial nails comprises a package body having a first half and a
customers often choose artificial nails. second half, the first halfbeing symmetrical to the second half
Artificial nails are generally packaged in a generic-looking and a cap having one or more tabs located in an inner portion
cardboard and/or plastic display package. Typically square or 25 of the cap. The apparatus further comprises an internal cavity
rectangular in shape, common displays for artificial nails do formed within the package body when the first half is con
not inform the customer as to the items contained within and nected to the second half, wherein the package body com
are simply away for a product to be delivered to the consumer. prises a cylindrical neck portion at a first end having one or
In general, these display packages are functionally unsatis more grooves, the one or more tabs fitting into the one or more
factory in that they must be torn open and do not easily 30
grooves, a front wall, a back wall, side walls that contour
re-seal, if at all. The desired artificial nails are removed and inwards to connect to the cylindrical neck portion, and a flat
any extras are often impossible to store in the torn package for base at an end opposite to the cylindrical neck portion.
later use. This is not a secure method of storage and a user
may become frustrated by having loose artificial nails fall out BRIEF DESCRIPTIONS OF THE DRAWINGS
of the display package, and which may easily become lost. 35
Additionally, Such display packages do not offer much in The above and other aspects, features and advantages of the
the way of marketing appeal. A more effective display pack present invention will be more apparent from the following
age would allow a customer, from a distance, to recognize the description when taken in conjunction with the accompany
product contained therein. In a marketing sense, a rectangular ing drawings, in which:
or square shaped box is not very appealing for a fashionable 40
person shopping for a fashionable item. FIG. 1 illustrates a perspective view of a display package
For example, in Coppola (U.S. Pat. No. 7,628.278), a pack for artificial nails, according to an embodiment of the present
aging arrangement for artificial nails is described. The pack invention;
aging of Coppola is intended to educate customers as to the FIG. 2 illustrates an exploded view of the display package;
curvature of their nail and guide them in choosing the appro 45 FIGS. 3(a) and 3(b) illustrate a front-view and a side-view
priate product. However, the packaging does not hold the of the display package;
artificial nails in a readily accessible and convenient way. FIG. 4 illustrates an exploded perspective view of the dis
Additionally, the shape of the packaging does not provide play package including a plurality of trays for Supporting
instantaneous recognition by the customer of the product artificial nails, according to an embodiment of the present
contained within. 50 invention;
Accordingly, in the field of artificial nails, a display pack FIGS. 5(a) and 5(b) illustrate an assembled front-view and
age is needed that informs the customer of the product con side-view including the plurality of trays;
tained therein as well as providing a functional and useful FIG. 6 illustrates an exploded view of a tray case, accord
storage unit for artificial nails when not in use. ing to a further embodiment of the present invention;
55 FIG. 7 illustrates the tray case assembly:
SUMMARY OF THE INVENTION FIG. 8 illustrates the tray case within the display package;
FIG. 9 illustrates a further embodiment of the invention
The present invention has been made to address at least the including cylindrical neck portion having one or more
above problems and/or disadvantages and to provide at least grooves and a pull-tab:
the advantages described below. Accordingly, an aspect of the 60 FIG. 10 illustrates a cap having one or more detents or tabs
present invention provides a display package for artificial located in an inner portion of the cap;
nails generally shaped as a nail polish bottle. FIGS. 11(a)-11(c) illustrate the cap twisting around the
According to one embodiment of the present invention, an cylindrical neck portion;
artificial nail display package is in the shape of a package of FIG. 12 illustrates the tabs passing over locking bumps;
nail polish. The display package includes a cylindrical neck 65 and
portion at a first end having one or more grooves and a cap FIG. 13 illustrates a hinge connecting the first portion and
having one or more tabs located in an inner portion of the cap, the second portion.
US 8,662,305 B2
3 4
DETAILED DESCRIPTION OF EMBODIMENTS The tray case 192 fits within the empty cavity 160 (not shown)
OF THE PRESENT INVENTION of display package 100, as illustrated in FIG. 8. When the
cover tray 190 and bottom tray 191 are attached, a hollow
Embodiments of the present invention are described in space 210 is created for holding items such as artificial nails.
detail with reference to the accompanying drawings. The Indentations 200 hold items such as artificial nails in an
same or similar components may be designated by the same upright and organized position, whereas hollow space 210
or similar reference numerals although they are illustrated in holds items such as artificial nails in a loose manner.
different drawings. Detailed descriptions of constructions or FIG. 9 illustrates a further embodiment of the invention
processes known in the art may be omitted to avoid obscuring including cylindrical neck portion 130 having one or more
the subject matter of the present invention. 10
grooves 131 and a pull-tab 132 for separating the first portion
The terms and words used in the following description and 110 from the second portion 120. The pull-tab 132 may
claims are not limited to their dictionary meanings, but are extend from either the cylindrical neckportion 130 of the first
merely used to enable a clear and consistent understanding of
the invention. Accordingly, it should be apparent to those portion 110 or the second portion 120. FIGS.9 and 10 illus
skilled in the art that the following description of embodi 15 trate a cap 134 having one or more detents or tabs 135 located
ments of the present invention are provided for illustrative in an inner portion of the cap 134. The tabs 135 fit into the one
purposes only and not for the purpose of limiting the inven or more grooves 131, and travel in the grooves 131 upon
tion, as defined by the appended claims and their equivalents. rotation of the cap 134 to secure the cap in place over the
FIGS. 1 and 2 illustrate a display package 100, according to cylindrical neckportion 130, thus locking the first portion 110
an embodiment of the present invention. The display package and the second portion 120 together.
100 includes a first portion 110 and a second portion 120, As illustrated in FIGS. 11(a)-11(c), the cap 134 is posi
which, when attached, form the shape of a nail polish bottle. tioned over the cylindrical neck portion 130 and, as the tabs
The display package is preferably a clear plastic made 135 are guided by the grooves 131, the cap 134 is twisted
through a vacuum formed or injection-molded process. In the around the cylindrical neckportion 130, completing, approxi
current embodiment, the first portion 110 and second portion 25 mately, a one-quarter turn following the motion indicated by
120, divide the display package 100 vertically in half. How arrow A. FIG. 12 illustrates the tabs 135 passing locking
ever, the display package 100 could be divided in many dif bumps 136 located near the end of the grooves 131, which
ferent ways, Such as for example, horizontally. A cylindrical occurs just before the cap 134 is in the fully locked position.
neck portion 130 extends from a main body 140. The main The locking bumps 136 extend from the edge of the grooves
body 140 has a flat bottom portion 150 that allows the display 30 131 and allow the tabs 135 to lock into place at the end of the
package 100 to remain upright when placed on a flat surface. grooves 131, thus securing the cap 134.
When the first portion 110 and the second portion 120 are FIG. 13 illustrates a further embodiment of the invention
brought together an empty cavity 160 is formed within the having a hinge 118 connecting the first portion 110 and the
main body 140 of the display package 100 second portion 120, including an first hinge portion 111
FIG. 3 illustrates a front-view (a) and a side-view (b) of a 35 extending from the first portion 110 having insertion tabs 112
display package 100, according to an embodiment of the to be inserted into receiving holes 114 of a second hinge
present invention. In side-view 3(b), the first portion 110 and portion 113. The second hinge portion 113 includes one or
the second portion 120 are shown affixed together to form more half-round insert grooves 119, which allow the insertion
display package 100. The empty cavity 160 is formed within tabs 112 to be inserted into the receiving holes 114. FIG. 13
the main body 140 of the display package 100. The main body 40 further illustrates a locking mechanism for the display pack
140 includes afront wall 141, a back wall 142, and side-walls age 100. Specifically, the first portion includes a tab 115
143 and 144 that contour inwards to connect to the cylindrical extending from the first portion 110 having a locking ridge
neck portion 130 at one end of the display package 100 and 116, which fits into a locking groove 117 positioned under the
meet at the top end opposite to the flat bottom portion 150. top of the second portion 120. Accordingly, when the first
FIG. 4 illustrates an exploded perspective view of the dis 45 portion 110 and the second portion 120 are pushed together,
play package 100 including one or more trays 170, according the locking ridge 116 Snaps into the locking groove 117.
to an embodiment of the present invention. The trays 170 can securing the first portion 110 and the second portion 120.
be made of various plastics by a vacuum formed or injection While the invention has been shown and described with
molded process. The trays 170 have a plurality of indentations reference to certain embodiments thereof, it will be under
180 for holding items such as artificial nails. The plurality of 50 stood by those skilled in the art that various changes in form
indentations 180 can be aligned in a grid pattern or various and detail may be made therein without departing from the
other patterns and are shaped such that when a first tray 171 is spirit and scope of the invention as defined by the appended
stacked on a second tray 172, the first 171 and the second tray claims and their equivalents.
172 may join in an interlocking manner.
As shown in FIG. 5, when the first portion 110 and the 55 What is claimed is:
second portion 120 are joined together to form display pack 1. A display package comprising:
age 100, the trays 170 are located within the empty cavity 160 a cylindrical neck portion at a first end;
of the display package 100. The first portion 110 and the a main body having a front wall, a back wall, and side walls
second portion 120 may join by a Snap fit, interlocking tabs or that contour inwards to connect to the cylindrical neck
any other manner known by those of ordinary skill in the art. 60 portion, the main body having a flat base at a second end
The trays 170 preferably have a similar shape as the main opposite to the cylindrical neck portion, and the front
body 140 to prevent the trays 170 from moving within the wall, the back wall, and the sidewalls of the main body
empty cavity 160. forming a cavity there within; and
FIG. 6 illustrates a further embodiment of the invention at least one tray disposed within the cavity having a plu
having a cover tray 190 including indentations 200 for hold 65 rality of open indentations for receiving items.
ing items such as artificial nails. The cover tray 190 fits over 2. The display package of claim 1, wherein the main body
a bottom tray 191 to form a tray case 192, shown in FIG. 7. is separable into a first portion and a second portion to divide
US 8,662,305 B2
5 6
the main body and the cylindrical neckportion to allow access 6. The display package of claim 3, wherein the display
to the cavity, and are joined together to form the display package is in the shape of a nail polish bottle when the first
package. portion of the main body is joined to the second portion of the
3. The display package of claim 2, further comprising a main body.
hinge connecting the first portion and the second portion of 5 7. The display package of claim 1, wherein the display
the main body, the hinge comprising: package is formed from a clear plastic.
a first hinge portion extending from the first portion of the
main body and having insertion tabs to be inserted 8. The display package of claim 1, wherein the at least one
through one or more insert grooves into receiving holes tray comprises:
of a second hinge portion, the second hinge portion 10 a cover tray; and
disposed on the second portion of the main body. a bottom tray,
4. The display package of claim 3, further comprising a
pull-tab extending from the first end, to facilitate separating wherein when the cover tray and the bottom tray are
the first portion of the main body from the second portion of attached, a tray case is formed and a hollow space for
the main body. holding items is formed within the tray case.
5. The display package of claim 2, further comprising: 15
9. The display package of claim 8, wherein the cover tray
a locking mechanism including a tab extending from the comprises the plurality of open indentations aligned in a grid
first portion having a locking ridge, which fits into a pattern on an exterior of the tray case.
locking groove positioned under the top of the second 10. The display package of claim 1 further comprising a
portion, cap having one or more tabs disposed in an inner portion of
wherein the locking ridge Snaps into the locking groove, the cap, wherein the cylindrical neck portion comprises one
securing the first portion and the second portion when or more grooves into which the one or more tabs fit.
the first portion and the second portion are pushed
together. k k k k k
USOOD662830S
(12) United States Design Patent (10) Patent No.: US D662,830 S

Sung (45) Date of Patent: Jul. 3, 2012
(54) ARTIFICIAL NAIL DISPLAY PACKAGE D163,649 S * 6/1951 Smoot ............................ D3/302
D195,819 S * 8, 1963 Mathison ........... ... D3,200
3.459,294. A * 8/1969 C tal. ... ... 206,457
(75) Inventor: Siyong Sung, Roslyn Heights, NY (US) D217,436 S * 5/1970 Swans . . . . . . . . . . D9/721
4,140,139 A * 2/1979 Aylott ............................. 132.73
(73) Assignee: Kiss Nail Products, Inc., Port D293,944 S * 1/1988 Trabattoni . ... D28.76
Washington, NY (US) D307,196 S * 4/1990 McClure ... D28.79
D427,075 S * 6/2000 Gavin ... D9,522
(**) Term: 14 Years D535,104 S * 1/2007 Chen ....... ... D4,116
7.628.278 B2 * 12/2009 Coppola ............ ... 206/733
(21) Appl. No. 29/363,448
y x- - - 9
2008/0237082 A1* 10, 2008 Gherdan et al. .............. 206,531
FOREIGN PATENT DOCUMENTS
(22) Filed: Jun. 9, 2010 FR 2620913 A1 * 3, 1989
51) LOC (9) Cl. .................................................. O9-03 GB 2045990 * 7/1995
(51) (9) JP D1270 101 * 5/2006
(52) U.S. Cl. ......................... D9/600; D9/715; D3/271.1 WO DO3O876-003 * 12/1994
(58) Field of Classification Search ................... D9/600, WO DO52272-012 * 9/2OOO
D9/715, 719, 721, 722, 737, 738, 741, 516, * cited by examiner
D9/517,522,544, 545,549,558,571-575:
D28/9, 56,61, 73,76, 77, 78, 79,99; D3/201-206, Primary Examiner — Catherine Tuttle
D3/271.1, 273,274, 294, 295,302,901; (74) Attorney, Agent, or Firm — The Farrell Law Firm, P.C.
D4/114, 116, 199: 206/81-19, 15.2, 15.3,
206/457, 775, 776, 781, 499, 526, 822, 823, (57) CLAM
206/581,535,536; 132/73, 73.5, 75; 215/6, The ornamental design for an artificial nail display package,
215/10, 40, 200, 227, 228, 252,273,276, as shown and described herein.
215/277, 280, 283, 379,382: 220/4.21-4.24,
220/4.29, 4.33, 8, 23.87, 23.88, 23.91, 500, DESCRIPTION
220/503, 504,528, 200, 259.3, 288, 291,
220/315,325,327,810, 376, 377, 660, 662, FIG. 1 is a front perspective view of the artificial nail display
220/665,669-673, 677, 686, 692, 693, DIG. 13, package showing my new design;
220/DIG. 26 FIG. 2 is a right side view thereof;
See application file for complete search history. FIG. 3 is a left side view thereof;
FIG. 4 is a front view thereof;
(56) References Cited FIG. 5 is a rear view thereof;
FIG. 6 is a top view thereof; and,
U.S. PATENT DOCUMENTS FIG. 7 is a bottom view thereof.
1,016,492 A 2, 1912 Gunn ........................... 312/312
D154,669 S * 8/1949 Fields ......................... D3,203.2 1 Claim, 7 Drawing Sheets
U.S. Patent Jul. 3, 2012 Sheet 1 of 7 US D662,830 S




U.S. Patent Jul. 3, 2012 Sheet 5 Of 7 US D662,830 S


U.S. Patent Jul. 3, 2012 Sheet 7 Of 7 US D662,830 S

JS44 (Rev. 6/2017 NDGA) Case 1:18-cv-04633-MLB Document
CIVIL COVER1-5 Filed 10/04/18 Page 1 of 2
SHEET
The JS44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by
local rules of court. This form is required for the use of the Clerk of Court for the purpose of initiating the civil docket record. (SEE INSTRUCTIONS ATTACHED)
I. (a) PLAINTIFF(S) DEFENDANT(S)

KISS NAIL PRODUCTS, INC. REVNES CORPORATION and
KARA REVNES each doing business as
www.SuperDX.Shop
(b) COUNTY OF RESIDENCE OF FIRST LISTED COUNTY OF RESIDENCE OF FIRST LISTED

PLAINTIFF Nassau County New York DEFENDANT Fulton County Georgia
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND
INVOLVED
(c) ATTORNEYS (FIRM NAME, ADDRESS, TELEPHONE NUMBER, AND ATTORNEYS (IF KNOWN)
E-MAIL ADDRESS)
Joshua M. Kalb
Hunton Andrews Kurth LLP
600 Peachtree Street Ne., STE 4100
Atlanta, Georgia 30308
(404) 888-4225 (jkalb@huntonAK.com)
II. BASIS OF JURISDICTION III. CITIZENSHIP OF PRINCIPAL PARTIES

(PLACE AN “X” IN ONE BOX ONLY) (PLACE AN “X” IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT)
(FOR DIVERSITY CASES ONLY)
PLF DEF PLF DEF
1 U.S. GOVERNMENT ✔ 3 FEDERAL QUESTION 1 1 CITIZEN OF THIS STATE 4

✔ 4 INCORPORATED OR PRINCIPAL
PLAINTIFF (U.S. GOVERNMENT NOT A PARTY) PLACE OF BUSINESS IN THIS STATE
✔
2 U.S. GOVERNMENT 4 DIVERSITY 2 2 CITIZEN OF ANOTHER STATE 5 5 INCORPORATED AND PRINCIPAL
DEFENDANT (INDICATE CITIZENSHIP OF PARTIES PLACE OF BUSINESS IN ANOTHER STATE
IN ITEM III)
3 3 CITIZEN OR SUBJECT OF A 6 6 FOREIGN NATION
FOREIGN COUNTRY
IV. ORIGIN (PLACE AN “X “IN ONE BOX ONLY)

TRANSFERRED FROM MULTIDISTRICT APPEAL TO DISTRICT JUDGE
✔ 1 ORIGINAL 2 REMOVED FROM 3 REMANDED FROM 4 REINSTATED OR 5 ANOTHER DISTRICT 6 LITIGATION - 7 FROM MAGISTRATE JUDGE
PROCEEDING STATE COURT APPELLATE COURT REOPENED (Specify District) TRANSFER JUDGMENT
MULTIDISTRICT
8 LITIGATION -
DIRECT FILE
V. CAUSE OF ACTIONJURISDICTIONAL
(CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE - DO NOT CITE
STATUTES UNLESS DIVERSITY)
Plaintiff Kiss Nail Products, Inc. brings this action for patent infringement against defendants Revnes Corporation and
Kara Revnes under Title 35, United States Code, Section 100 et seq.
(IF COMPLEX, CHECK REASON BELOW)
1. Unusually large number of parties. 6. Problems locating or preserving evidence

2. Unusually large number of claims or defenses. 7. Pending parallel investigations or actions by government.
3. Factual issues are exceptionally complex ✔ 8. Multiple use of experts.
4. Greater than normal volume of evidence. 9. Need for discovery outside United States boundaries.
5. Extended discovery period is needed. 10. Existence of highly technical issues and proof.
CONTINUED ON REVERSE
FOR OFFICE USE ONLY
RECEIPT # AMOUNT $ APPLYING IFP MAG. JUDGE (IFP) ______________________
JUDGE MAG. JUDGE NATURE OF SUIT CAUSE OF ACTION______________________

(Referral)
VI. NATURE OF SUIT (PLACE AN “X” IN ONE BOX ONLY)
CONTRACT - "0" MONTHS DISCOVERY TRACK CIVIL RIGHTS - "4" MONTHS DISCOVERY TRACK SOCIAL SECURITY - "0" MONTHS DISCOVERY
150 RECOVERY OF OVERPAYMENT & 440 OTHER CIVIL RIGHTS TRACK
ENFORCEMENT OF JUDGMENT 441 VOTING 861 HIA (1395ff)
152 RECOVERY OF DEFAULTED STUDENT 442 EMPLOYMENT 862 BLACK LUNG (923)
LOANS (Excl. Veterans) 443 HOUSING/ ACCOMMODATIONS 863 DIWC (405(g))
153 RECOVERY OF OVERPAYMENT OF 445 AMERICANS with DISABILITIES - Employment 863 DIWW (405(g))
VETERAN'S BENEFITS 446 AMERICANS with DISABILITIES - Other 864 SSID TITLE XVI
448 EDUCATION 865 RSI (405(g))
CONTRACT - "4" MONTHS DISCOVERY TRACK
110 INSURANCE FEDERAL TAX SUITS - "4" MONTHS DISCOVERY
120 MARINE IMMIGRATION - "0" MONTHS DISCOVERY TRACK TRACK
130 MILLER ACT 462 NATURALIZATION APPLICATION 870 TAXES (U.S. Plaintiff or Defendant)
140 NEGOTIABLE INSTRUMENT 465 OTHER IMMIGRATION ACTIONS 871 IRS - THIRD PARTY 26 USC 7609
151 MEDICARE ACT
160 STOCKHOLDERS' SUITS PRISONER PETITIONS - "0" MONTHS DISCOVERY OTHER STATUTES - "4" MONTHS DISCOVERY
190 OTHER CONTRACT TRACK TRACK
195 CONTRACT PRODUCT LIABILITY 463 HABEAS CORPUS- Alien Detainee 375 FALSE CLAIMS ACT
196 FRANCHISE 510 MOTIONS TO VACATE SENTENCE 376 Qui Tam 31 USC 3729(a)
530 HABEAS CORPUS 400 STATE REAPPORTIONMENT
REAL PROPERTY - "4" MONTHS DISCOVERY 535 HABEAS CORPUS DEATH PENALTY 430 BANKS AND BANKING
TRACK 540 MANDAMUS & OTHER 450 COMMERCE/ICC RATES/ETC.
210 LAND CONDEMNATION 550 CIVIL RIGHTS - Filed Pro se 460 DEPORTATION
220 FORECLOSURE 555 PRISON CONDITION(S) - Filed Pro se 470 RACKETEER INFLUENCED AND CORRUPT
230 RENT LEASE & EJECTMENT 560 CIVIL DETAINEE: CONDITIONS OF ORGANIZATIONS
240 TORTS TO LAND CONFINEMENT 480 CONSUMER CREDIT
245 TORT PRODUCT LIABILITY 490 CABLE/SATELLITE TV
290 ALL OTHER REAL PROPERTY PRISONER PETITIONS - "4" MONTHS DISCOVERY 890 OTHER STATUTORY ACTIONS
TRACK 891 AGRICULTURAL ACTS
TORTS - PERSONAL INJURY - "4" MONTHS 550 CIVIL RIGHTS - Filed by Counsel 893 ENVIRONMENTAL MATTERS
DISCOVERY TRACK 555 PRISON CONDITION(S) - Filed by Counsel 895 FREEDOM OF INFORMATION ACT
310 AIRPLANE 899 ADMINISTRATIVE PROCEDURES ACT /
315 AIRPLANE PRODUCT LIABILITY FORFEITURE/PENALTY - "4" MONTHS DISCOVERY REVIEW OR APPEAL OF AGENCY DECISION
320 ASSAULT, LIBEL & SLANDER TRACK 950 CONSTITUTIONALITY OF STATE STATUTES
330 FEDERAL EMPLOYERS' LIABILITY 625 DRUG RELATED SEIZURE OF PROPERTY
340 MARINE 21 USC 881 OTHER STATUTES - "8" MONTHS DISCOVERY
345 MARINE PRODUCT LIABILITY 690 OTHER TRACK
350 MOTOR VEHICLE 410 ANTITRUST
355 MOTOR VEHICLE PRODUCT LIABILITY LABOR - "4" MONTHS DISCOVERY TRACK 850 SECURITIES / COMMODITIES / EXCHANGE
360 OTHER PERSONAL INJURY 710 FAIR LABOR STANDARDS ACT
362 PERSONAL INJURY - MEDICAL 720 LABOR/MGMT. RELATIONS OTHER STATUTES - “0" MONTHS DISCOVERY
MALPRACTICE 740 RAILWAY LABOR ACT TRACK
365 PERSONAL INJURY - PRODUCT LIABILITY 751 FAMILY and MEDICAL LEAVE ACT 896 ARBITRATION
367 PERSONAL INJURY - HEALTH CARE/ 790 OTHER LABOR LITIGATION (Confirm / Vacate / Order / Modify)
PHARMACEUTICAL PRODUCT LIABILITY 791 EMPL. RET. INC. SECURITY ACT
368 ASBESTOS PERSONAL INJURY PRODUCT
LIABILITY PROPERTY RIGHTS - "4" MONTHS DISCOVERY
TORTS - PERSONAL PROPERTY - "4" MONTHS

TRACK
820 COPYRIGHTS
* PLEASE NOTE DISCOVERY
DISCOVERY TRACK 840 TRADEMARK TRACK FOR EACH CASE TYPE.
370 OTHER FRAUD SEE LOCAL RULE 26.3
371 TRUTH IN LENDING PROPERTY RIGHTS - "8" MONTHS DISCOVERY
380 OTHER PERSONAL PROPERTY DAMAGE TRACK
385 PROPERTY DAMAGE PRODUCT LIABILITY ✔ 830 PATENT
835 PATENT-ABBREVIATED NEW DRUG
BANKRUPTCY - "0" MONTHS DISCOVERY TRACK APPLICATIONS (ANDA) - a/k/a
422 APPEAL 28 USC 158 Hatch-Waxman cases
423 WITHDRAWAL 28 USC 157
VII. REQUESTED IN COMPLAINT:

CHECK IF CLASS ACTION UNDER F.R.Civ.P. 23 DEMAND $_____________________________
JURY DEMAND ✔ YES NO (CHECK YES ONLY IF DEMANDED IN COMPLAINT)
VIII. RELATED/REFILED CASE(S) IF ANY

JUDGE_______________________________ DOCKET NO._______________________
CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES: (CHECK APPROPRIATE BOX)
1. PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
2. SAME ISSUE OF FACT OR ARISES OUT OF THE SAME EVENT OR TRANSACTION INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
3. VALIDITY OR INFRINGEMENT OF THE SAME PATENT, COPYRIGHT OR TRADEMARK INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
4. APPEALS ARISING OUT OF THE SAME BANKRUPTCY CASE AND ANY CASE RELATED THERETO WHICH HAVE BEEN DECIDED BY THE SAME
BANKRUPTCY JUDGE.
5. REPETITIVE CASES FILED BY PRO SE LITIGANTS.
6. COMPANION OR RELATED CASE TO CASE(S) BEING SIMULTANEOUSLY FILED (INCLUDE ABBREVIATED STYLE OF OTHER CASE(S)):
7. EITHER SAME OR ALL OF THE PARTIES AND ISSUES IN THIS CASE WERE PREVIOUSLY INVOLVED IN CASE NO. , WHICH WAS
DISMISSED. This case IS IS NOT (check one box) SUBSTANTIALLY THE SAME CASE.
SIGNATURE OF ATTORNEY OF RECORD DATE

Kiss Nail Prods v. Revnes - Complaint

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Case 1:18-cv-04633-MLB Document 1 Filed 10/04/18 Page 1 of 18

IN THE UNITED STATES DISTRICT COURT

KISS NAIL PRODUCTS, INC.,

vs. Civil Action No._________

REVNES CORPORATION and Jury Trial Demanded

COMPLAINT FOR PATENT INFRINGEMENT

against defendants Revnes Corporation (“Revnes”) and Kara Revnes (collectively

“Defendants”). In support thereof, Kiss respectfully shows as follows:

NATURE OF THE ACTION

1. This is an action for patent infringement arising under Title 35 of the

United States Code of the laws of the United States of America.

IDENTIFICATION OF THE PARTIES

2. Plaintiff, Kiss Nail Products, Inc. (“Kiss”) is a company organized

America and having an address of 57 Seaview Boulevard, Port Washington, New

3. On information and belief, Defendant Revnes, is a corporation

of business at 3040 Peachtree Road, NW, Unit 701, Atlanta, GA 30305.

4. Upon information and belief, Defendant Kara Revnes, is an individual

who is a principal and/or an officer of Revnes Corporation and has a residence

5. Upon information and belief, at all times relevant hereto, Defendants,

individually or collectively, are doing business under the name of SuperDX,

SuperDX.Shop, and www.SuperDX.Shop.

6. Upon information and belief, at all times relevant hereto, Defendants

and in this judicial district.

JURISDICTION AND VENUE

et seq., including remedies for patent infringement.

amount in controversy exceeds $75,000, exclusive of interest and costs.

9. Venue is proper in this Judicial District under 28 U.S.C. §§ 1391(c)

this judicial district.

the world, including this judicial district.

imPRESS Product has enjoyed substantial recognition in the industry, favorable

and throughout the world.

is appended hereto as Exhibit A.

Patent is valid, subsisting and in full force and effect.

arrangements and methods of making same developed by Kiss.

appended hereto as Exhibit B.

Patent is valid, subsisting and in full force and effect.

package developed by Kiss.

appended hereto as Exhibit C.

D‘830 Patent is valid, subsisting and in full force and effect.

novel artificial nail display package developed by Kiss.

are referred to herein as the “Kiss Patents.”

22. On information and belief, Defendants sell various nail-related

www.superdx.shop (hereinafter “SuperDX”).

“Blush,” “Dino Fresh,” “Electric Lemonade,” “En Rouge,” “Golden Touch,”

Moon,” “Midnight Sea,” “Mojito Shimmer,” “Night Rider,” “Peachy Sheen,”

SuperDX.shop website is attached as Exhibit D.

24. The SuperDX.shop website allows customers to view and order

by Defendants throughout the United States.

promoting this feature is shown below.

26. As illustrated below, at least some of the SuperDX Nail Products

below), “Golden Touch,” “Honeydew,” “Le Chic,” and “Night Rider”

(collectively, “Nail Polish Bottle Products”).

Defendants, or Defendants’ suppliers.

FIRST CAUSE OF ACTION

(Infringement of U.S. Patent No. 9,179,754)

Title 35, United States Code, Section 100 et seq.)

31. The SuperDX Nail Products include a number of individual artificial

The removable layer has a number of slits therethrough, including a central

positioned away from an outer edge of the removable layer.

removable layer after adherence to the nail body.

which claim 3 depends) of the ‘754 Patent.

34. In addition, as illustrated below, the removable layer further includes

every requirement set forth in claim 9 of the ‘754 Patent.

Nail Products in the United States constitutes infringement of claims 3 and 9 of