Professional Documents
Culture Documents
PageID #: 1
Plaintiff The NOCO Company, Inc. (“NOCO”), for its Complaint against Guangzhou
Boju Information Technology Co., Ltd. dba BougeRV (herein “BougeRV”), alleges as follows:
1. This is an action for design patent infringement under the Patent Laws of the
United States, 35 U.S.C. § 101 et seq. This action arises by reason of BougeRV’s copying of
2. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
§§ 1331.
because it directs its infringing activities to the United States and the State of Ohio through,
Case: 1:18-cv-02295 Doc #: 1 Filed: 10/03/18 2 of 6. PageID #: 2
among other things: marketing its infringing products to residents of the United States and the
State of Ohio through the Amazon.com online marketplace and importing its infringing products
BougeRV is an alien business entity that imports into, offers to sell, and sells the infringing
products in the United States and, on information and belief, 28 U.S.C. § 1391(b) because a
substantial part of the events giving rise to NOCO’s claims have occurred and, unless enjoined,
will continue to occur within this district, in that BougeRV has offered and/or sold the infringing
Parties
5. NOCO is organized under the laws of the State of Ohio, with its principal place of
6. BougeRV is, on information and belief, a company organized under the laws of
FACTUAL BACKGROUND
the same family since then, NOCO designs and manufactures, among other products, premium
consumer battery chargers, jump starters, and other portable power devices used primarily in the
8. Among NOCO’s robust product line, NOCO produces and sells a product called
an AC Port Plug, which is coupled to an extension cord. A primary use of that product is to
provide improved accessibility to power outlets for uses in automotive and industrial settings. A
-2-
Case: 1:18-cv-02295 Doc #: 1 Filed: 10/03/18 3 of 6. PageID #: 3
photograph of NOCO’s AC Port Plug and extension cord is shown below, along with text
9. In order to protect the distinctive ornamental design of its AC Port Plug, NOCO
applied for and was issued a design patent granted by the USPTO on that design, U.S. Des.
D684,929, entitled AC Port (the “D’929 patent”). The D’929 patent was issued on June 25, 2013
35 U.S.C. § 271(a)
through 9 above.
11. BougeRV imports, promotes, and sells a variety of consumer goods. In particular,
on information and belief, BougeRV promotes and sells in the United States a copycat version of
NOCO’s AC Port Plug (the “Infringing Port Plug”). Defendant does so through, inter alia,
promoting and selling the AC Port Plug through the Amazon.com online marketplace.
-3-
Case: 1:18-cv-02295 Doc #: 1 Filed: 10/03/18 4 of 6. PageID #: 4
12. BougeRV has infringed the D’929 Patent by making, importing, using, offering to
sell, or selling in the United States, including in the State of Ohio and within this District,
products infringing the ornamental design covered by the D’929 Patent in violation of 35 U.S.C.
§ 271.
13. The below comparison of figures from the D’929 patent with exemplary images
[Fig. 2]
[Fig. 4]
-4-
Case: 1:18-cv-02295 Doc #: 1 Filed: 10/03/18 5 of 6. PageID #: 5
14. The design of BougeRV’s Infringing Port Plug is the same or substantially the
same as the design of the D’929 Patent. The designs are so similar as to be nearly identical such
that an ordinary observer, giving such attention as a purchaser usually gives, would be so
BougeRV’s Infringing Port Plugs believing them to be substantially the same as the design
15. BougeRV’s acts of infringement of the D’929 Patent were undertaken without
authority, permission or license from NOCO. BougeRV’s infringing activities violate 35 U.S.C.
§ 271.
17. NOCO is entitled to an accounting of all revenue and profits derived by BougeRV
from the unlawful conduct alleged herein including, without limitation, BougeRV’s total profit
3. A judgment and order requiring BougeRV to pay NOCO all damages caused by
BougeRV’s infringement of the D’929 patent (but in no event less than a reasonable royalty)
-5-
Case: 1:18-cv-02295 Doc #: 1 Filed: 10/03/18 6 of 6. PageID #: 6
pursuant to 35 U.S.C. § 284, or the total profit made by BougeRV from its infringement of the
or profits for any continuing post-verdict infringement up until entry of the final judgment, with
an accounting, as needed.
6. A judgment and order requiring BougeRV to pay NOCO pre-judgment and post-
285.
8. That NOCO have such other and further relief as the Court may deem just and
proper.
Respectfully submitted,
-6-
31246036
Case: 1:18-cv-02295 Doc #: 1-1 Filed: 10/03/18 1 of 8. PageID #: 7
EXHIBIT A
Case: 1:18-cv-02295 Doc #: 1-1 Filed: 10/03/18 2 of 8. PageID #: 8
USOOD684929S
V f
V J
isé
ls?
\ \
\ \
W \
\ \
V V
V V
M \,
M. N.
NY. v /
Y S N S N - 1 /M
Ya Y
FIG. 1
Case: 1:18-cv-02295 Doc #: 1-1 Filed: 10/03/18 4 of 8. PageID #: 10
E-IT
A
I
I
Y --- - 1.
FIG. 4 ----1
Case: 1:18-cv-02295 Doc #: 1-1 Filed: 10/03/18 6 of 8. PageID #: 12
|| || -- ||
I
||
\ \ ||
i
Case: 1:18-cv-02295 Doc #: 1-1 Filed: 10/03/18 7 of 8. PageID #: 13
Case: 1:18-cv-02295 Doc #: 1-1 Filed: 10/03/18 8 of 8. PageID #: 14