PS Prods. v. ContextLogic - Complaint

Case 4:18-cv-00896-BRW Document 1 Filed 11/30/18 Page 1 of 20
IN THE UNITED STATES DISTRICT COURT

WT~r~~mi201811~ZsA1
NOV 30
FOR THE EASTERN DISTRICT OF ARKANSAS
JAMES W. M ORMACK_ CLE~K
.By: .
P. S. PRODUCTS, INC.,
BILLY PENNINGTON, Individually
v. Civil Action No. ,4: /8 - CV- gq"- BR W

CONTEXTLOGIC, INC.,
d/b/a www.wish.com DEFENDANT
COMPLAINT
TO THE HONORABLE UNITED STATES DISTRICT COURT:
COMES NOW the Plaintiff, P.S. Products, Inc., and Mr. Billy Pennington, individually,
hereafter ("PSP,") by and through its attorney, Chris H. Stewart of the Stewart Law Finn, files this
Complaint against the defendant, ContextLogic, Inc., d/b/a www.wish.com (hereinafter
"WISH"), as follows:
JURISDICTION AND VENUE
1. This Court retains jurisdiction as patent infringement raises a federal question and
is proper under 28 U.S.C. § 1331.
2. Pursuant to 28 U.S.C. § 1391, venue in this suit lies in the Eastern District of
Arkansas because the actions which gave rise to the claims presented in this complaint occurred
in Little Rock, Arkansas, within the Eastern District of Arkansas.
3. Additionally, the Eastern District of Arkansas has personal jurisdiction of the
Defendant. Defendant has maintained substantial, continuous and systematic contacts with the
state of Arkansas through its business dealings with customers in Arkansas via www.WISH.com.
This case assigned to District Judge iMf.sieo«

R~tt..,.¥-------
and to Magistrate Judge .....
Furthermore, Defendant marketed its services, sold and provided customer services to the state of
Arkansas.
4. Additionally, The Eastern District of Arkansas has personal jurisdiction of the
Defendant because, among other things, Defendant are engaged in tortuous conduct within the
state of Arkansas and in this District, including placing into commerce illegal copies of Plaintiffs'
patented products via -..,,vv,;w. WISH.com.
PARTIES RELEVANT TO
PLAINTIFFS' COMPLAINT FOR PATENT INFRINGEMENT
5. This action is brought by P.S. Products, Inc., and its president, Mr. Billy
Pennington, individually, manufacturers of stun guns and other personal security devices,
organized within the state of Arkansas with its principal headquarters at 3120 Joshua Street, Little
Rock, AR 72204.
6. ContextLogic, Inc., d/b/a ,.vww.WISH.com, located at One Sansome Street, 40th
Floor, San Francisco, CA 94104 with business activities throughout the world and the World
Wide Web including at www.WlSH.com. Registered agent of service, Lawyers Incorporated
Service, located at 251 Little Falls, Dr., Wilmington, DE 19808. WISH offers for sale many of
the claimed infringing products, including those that are counterfeit versions of PSP's BLAST
KNUCKLES™.
FACTUAL BASIS FOR THE CLAIMS ASSERTED
7. The Plaintiffs specialize in the manufacture and distribution of stun guns, stun
devices, gun cleaning kits, and other personal protection devices.

8. The Plaintiffs market and sale its patented products through trade specialty shows,
sales associates, retail stores, catalogs and through internet distribution throughout the United
States.
9. The Defendant is a seller of goods from China and sells the goods as retail and
wholesale nationwide.
10. The Defendant provides information of illegal infringers and induces them to place
in the stream of commerce products that violates the Plaintiffs patent.
11. The Defendant owns and operates the website www.WISH.com.
12. On February 5, 2008, United States Letters Patent No. US D561, 294 S, were
issued to the Plaintiffs for an invention for a Stun Gun. See Exhibit A.
13. The Plaintiffs owed the patent No. US D561, 294 S throughout the period of the
Defendant infringing acts and still owns the patent. See Figure 1. Below.
14. The Plaintiffs' products are one of a kind.
15. The Plaintiffs' designs are its own intellectual property. No goods of this design
existed prior to the Plaintiffs' designs and patents.
16. The Plaintiffs are the only holder of patents on products of this kind in the United
States.
17. The Blast Knuckle Stun Gun is the Plaintiffs most sought after and sold product
and embodies the Patent-in-suit..
18. The Plaintiffs makes most of its revenue off of the patented Blast Knuckle® stun
gun than any other item it sells.
19. The Plaintiffs has complied with the statutory requirement of placing a notice of
the Letters of Patent on all Stun Guns.
20. The individual Plaintiff, Billy Pennington is the president of P.S. Products, Inc.,
and the inventor of the patent.
21. Plaintiff, Pennington, has granted a perpetual exclusive license to his company P.S.
Products, Inc., to manufacture and sell the product that embodies the patent-in-suit.
22. On information and belief the Plaintiffs learned that as early as July 21, 2018 that
the Defendant began selling an illegal product that embodied the Plaintiffs' patent.
23. The Defendant currently has the illegal products on its website.
24. The Defendant has sold and continue to sell on their websites illegal copies of the
Plaintiffs' patents on its website.
25. 35 U.S.C. § 271 states in part,
"(a) Except as otherwise provided in this title [35 USCS §§ 1 et seq.], whoever
without authority makes, uses, offers to sell, or sells any patented invention, within the
United States or imports into the United States any patented invention during the term of
the patent therefore, infringes the patent. (b) Whoever actively induces infringement of a
patent shall be liable as an infringer."
26. The Defendant's actions has violated 35 U.S.C. § 271 and 15 U.S.C. § 1125.
27. The Defendant, intentionally, willfully, and wantonly violated 35 U.S.C. § 271 and
15 U.S.C. § 1125.
28. The Defendant without authority placed in the stream of commerce and offered to
sell, the Plaintiffs' patented inventions, within the United States.
29. The Defendant without a licensed from the Plaintiffs placed in the stream of
commerce and offered to sell, the Plaintiffs' patented inventions, within the United States.
30. The Defendant has induced individuals and companies to infringe on the Plaintiffs'
patented products.
31. A person with an internet connection may find the Defendant' illegal product on
the website \V\VW. WISH.com.
32. Defendant exposes for sale, offers to sell, and sells a stun gun ("Accused
Devices") at the links below on www.wish.com:
a. https://www.wish.com/feed/tabbed feed latest/product/5b2b0b6d59d99f30da03a

930
b. https://www.wish.com/feed/tabbed feed latest/product/5b2fD 1ff5b3bd485f5e08
00
c. ht1ps://www.wish.com/feed/tabbed feed latest/product/5aae3fde8304254649d62a
19
d. https://www.wish.com/feed/tabbed feed latest/product/5addd7b904ae7 d6886d5c
203
e. https://www.wish.com/search/knuckle%20stun%20gun/product/5b2b0b6d59d99f
30da03a930
f. https://www.wish.com/search/knuckle%20stun%20gun/product/5aabe914dc0c280
4b8b63a2c
g. https://www.wish.com/search/knuckle%20stun%20gun/product/5b2fD 1ff5b3 bd4
85f5e0800
h. https://www.wish.com/search/knuckle%20stun%20gmJ./product/5b2ff29ef5b3 bd7
c3c5dd528
1. https://www.wish.com/searc1J.!knuckle%20stun%20gun/product/5ad5035 l 3c 1dc6
6069bfe390
J. https://www.wish.com/search/knuckle%20stun%20gun/product/5b7al5cce4a9135
4c3cdfbce
k. https ://www.wish.com/search/knuckle%'.Wstun%20gun/product/5b30b 7067 cd5 f5
1786bc917d
1. https://www.wish.com/search/knuckle1Yo20stun%20gmJ./product/5adf2b916bcfa3 7
8al94090b
m. https://www.wish.com/search/knuckle%20stm1%20gun/product/5b 1e3bc707 l b4a
309d21372e
n. https://www.wish.com/search/knuckle%20stun%20gun/product/5adde4a78fdae42
8ed257de7
o. https:/ /www.wish.com/search/knuckle%20stun%20gun/product/5b30b05 77b 7784
0e7elld30d
p. https://www.wish.com/search/knuckle%20stun%20gun/product/5b30af76c5bd4c0
254f689a9
q. https://\\-ww.wish.com/search/knuckle%20stun%20gun/product/5bl 9e7d0e70199
5400d672a0
r. https://www.wish.com/search/knuckle%20stun%20gun/product/5b30b66f55c044
2e6b9ab402
s. https ://www.wish.com/search/knuckle%20stun%20gun/product/5b3 0b5 fdee 73 961
e3d7f0a8e
t. https://www. wish.corn/search/knuckle%20stun%20gun/product/5b30afUea4 73d86
0a5167cb6
u. https://www.wish.com/search/knuckle%20stun%20gun/product/5b30afad5b0a532
7da98587b
v. https://www.wish.com/search/knuckle%20stun%20gun/product/5b30bbal 797333
639b796d9b
w. https://www.wish.com/search/knuckle%20stun%20gun/product/5b l 8fafd94 fca90
d9ee93b37
x. https://www.wish.com/search/knuckle%20stun%20gun/product/5b30afb5b65ce77
e90205703
y. https://www.wish.com/scarch/knuckle%20stun%20gun/product/5b30bb89682e8c
5748aee0d6
z. https://www.wish.com/search/knuckle%20stun%20gun/product/5b30b06015ela5
31eeb7d725
aa. https://www.wish.com/search/knuckle%20stun%20gun/product/5b30bb9 l 7973 33
053579370d
33. The buyer places the accused device in a shopping cart, purchases the accused
device, and receives a receipt of the accused device and shipping tracking emails all from
www.wish.com, which is owned and operated by the Defendant.
34. In addition to these infringing products, PSP bought an infringing device from
www.wish.com and received the knock-off device on August 24, 2018, representative pictures of
which are provided below. See Fig. 2 Below.

35. The Accused devices available from WISH throughwww.WISH.com violate PSP's
patent and trade dress rights, and/or trademark rights at least to the product listed above.
36. PSP's '294 patent covers the Accused devices exposed for sale, offered for sale, and
sold through WISH seller Defendant.
37. The Accused Devices violate PSP's trademark Reg. No. 4,014,352 and trade dress
rights in the term its Blast Knuckle™ product by causing confusion among ordinary consumers as
to the source, sponsorship, affiliation, or approval of PS P's Blast Knuckle™ product.
38. On November 29, 2018, WISH's website indicated that many of the Accused
devices still remained on its website.
39. Defendant' exposing for sale, offering for sale, and selling the infringing Accused
devices on WISH's website violates PSP's intellectual property rights.
40. By warehousing and/or offering for sale Accused devices, resulting in facilitation
of third-party purchases of Accused Devices that violate PSP's intellectual property rights.
41. WISH manages and controls the items that can be exposed for sale, offered for sale,
and sold on its website.
42. WISH manages and controls which sellers can expose for sale, offer for sale, sell,
and purchase products on its website.
43. WISH profits from its website, as induced sellers must pay a fee to sell items.
WISH makes revenue from www.WISH.com.
44. But for WISH and the WISH seller Defendant exposing for sale, offering for sale,
and selling the Accused devices, PSP would not have been damaged nor would its intellectual
property rights has been infringed.
45. WISH' s willful and deliberate actions has caused significant harm to PSP.
46. Defendant infringe on PSP's patent rights and trademark rights.
47. WISH has induced third parties to infringe on PSP's patent rights.
48. WISH has contributorily infringed on PSP's trademark rights.
49. WISH has contributorily infringed on PSP's trade dress rights.
50. Defendant placed in the stream of commerce illegal products that are significantly
cheaper than PSP' s product.
51. PSP has lost customers and revenue due to the illegal and infringing products being
put in to the stream of commerce by Defendant.

FIRST CLAIM FOR RELIEF

PATENT INFRINGEMENT
35 u.s.c. § 271
52. PSP incorporates and re-alleges each of the allegations set forth above as though
fully set forth herein.
53. Defendant infringed upon the rights of PSP's '294 patent by exposing for sale,
offering to sell, selling, and importing the Accused Devices in the United States.
54. Defendant will continue to infringe the '294 patent unless an injunction is granted
by this Court.
55. Defendant acts are willful, in disregard of, and with indifference to, the rights of
PSP.
56. As a direct and proximate cause of the infringement by Defendant, PSP is entitled
to reasonable royalties and lost profits in amounts to be proven at trial, enhanced damages, and
reasonable attorney's fees pursuant to 35 U.S.C. § 285. Additionally, WISH Seller Defendant are
liable to PSP to the extent of their total profits, but not less than $250, pursuant to 35 U.S.C. § 289.
WHEREFORE, Plaintiff prays for relief as set forth below.
SECOND CLAIM FOR RELIEF

PATENT INFRINGEMENT BY INDUCEMENT
35 U.S.C. § 271(b)
57. PSP incorporates and re-alleges each of the allegations set forth above as though
fully set forth herein.
58. WISH has infringed upon the rights of PSP's patent by inducing individuals and
companies to infringe upon the rights of PSP's '294 patent.

59. WISH, with knowledge of PSP's patent rights, has continued to allow the Accused
Devices to be exposed for sale, offered for sale, and sold on its website at www.wish.com with
knowledge that the Accused Devises infringe the '294 patent.
60. WISH will continue to induce infringement of the '294 patent through its website
at www.WISH.com unless enjoined by this Court.
61. WIS H's acts are willful, in disregard of, and with indifference to, the rights of PSP.
62. As a direct and proximate cause of the infringement by WISH, PSP is entitled to
reasonable royalties and lost profits in amounts to be proven at trial, enhanced damages, and
reasonable attorney's fees pursuant to 35 U.S.C. § 285. Additionally, WISH is liable to PSP to
the extent of its total profit, but not less than $250, pursuant to 35 U.S.C. § 289.
THIRD CLAIM FOR RELIEF

TRADEMARK INFRINGEMENT
15 U.S.C. § 1125(a)(l)
63. PSP restates and re-alleges each of the allegations set forth above as though fully
set forth herein.
64. Defendant has infringed PSP's trademark rights in its BLAST KNUCKLES™ mark
by using the term and the confusingly similar names to sell the same product.
65. On information and belief, Defendant has used the names BLAST KNUCKLES,
despite the knowledge that the Accused Devices are likely to cause confusion among ordinary
consumers as to the source, sponsorship, affiliation, or approval of PSP's BLAST KNUCKLES™
product.
66. The acts of Defendant are willful, in disregard of, and with indifference to the rights
ofPSP.
67. As a direct and proximate cause of the infringement by Defendant, PSP is entitled
to reasonable royalties and lost profits in amounts to be proven at trial, enhanced damages, and
reasonable attorney's fees pursuant to 15 U.S.C. §1117.
FOURTH CLAIM FOR RELIEF

CONTRIBUTORY TRADEMARK INFRINGEMENT
set forth herein.
69. WISH Seller Defendant has engaged in contributory infringement of PSP's
trademark rights in its BLAST KNUCKLES™ mark by inducing individuals and companies to
infringe upon the rights of PSP's trademark.
70. WISH Seller Defendant has allowed the Accused Devices to be offered and sold on
its website, despite knowledge that the Accused Devices being offered and sold on its website are
likely to cause confusion ·among ordinary consumers as to the source, sponsorship, affiliation, or
approval of PSP's BLAST KNUCKLES TM product.
71. WISH Seller Defendant acts are willful, in disregard of, and with indifference to
the rights of PSP.
72. As a direct and proximate cause of the infringement by WISH Seller
Defendant, PSP is entitled to reasonable royalties and lost profits in amounts to be proven at trial,
enhanced damages, and reasonable attorney's fees pursuant to 15 U.S.C. § 1117.

FIFTH CLAIM FOR RELIEF

TRADE DRESS INFRINGEMENT
15 U.S.C. §1125(a)(l)
set forth herein.
74. WISH Seller Defendant has engaged in infringement of PSP's trade dress rights in
its BLAST KNUCKLES™ product by placing into commerce the Accused Devices.
75. WISH Seller Defendant has offered and sold the Accused Device, despite
knowledge that the Accused Devices being offered and sold are likely to cause confusion among
ordinary consumers as to the source, sponsorship, affiliation, or approval of PSP's BLAST
KNUCKLES™ product.
76. WISH Seller Defendant' acts are willful, in disregard of, and with indifference to
the rights of PSP.
77. As a direct and proximate cause of the infringement by WISH Seller Defendant,
PSP is entitled to reasonable royalties and lost profits in amounts to be proven at trial, enhanced
damages, and reasonable attorney's fees pursuant to 15 U.S.C. § 1117.
SIXTH CLAIM FOR RELIEF

CONTRIBUTORY TRADE DRESS INFRINGEMENT
15 U.S.C. §1125(a)(l)
set forth herein.
79. WISH has engaged in contributory infringement of PSP's trade dress rights in its
BLAST KNUCKLES™ product by inducing individuals and companies to infringe upon the trade
dress rights in PSP's product.

80. WISH has allowed the Accused Device to be offered and sold on its website, despite
knowledge that the Accused Device being offered and sold on its website is likely to cause
confusion among ordinary consumers as to the source, sponsorship, affiliation, or approval of
PSP's BLAST KNUCKLES™ product.
81. WISH' s acts are willful, in disregard of, and with indifference to the rights of PSP.
82. As a direct and proximate cause of infringement by WISH, PSP is entitled to
reasonable royalties and lost profits in amounts to be proven at trial, enhanced damages, and
reasonable attorney's fees pursuant to 15 U.S.C. § 1117.
SEVENTH CLAIM FOR RELIEF

UNFAIR TRADE PRACTICES
set forth herein.
84. The above described acts and omissions, including but not limited to, Defendant'
continued infringement of PSP's design patent, and their infringement of PSP's trademark and/or
trade dress rights, constitute unfair competition under section Arkansas's Deceptive Trade
Practices Act at AC.A. § 4-88-107
85. By reason of these wrongful acts and omissions by Defendant, PSP has suffered
and will suffer damage. Additionally, these wrongful acts and omissions by Defendant has caused,
and unless restrained and enjoined by this Court will continue to cause, serious irreparable injury
and damage to PSP.
Therefore, the Plaintiffs demand:

PRAYER FOR RELIEF
WHEREFORE, Plaintiffs prays for judgment against Defendant, as follows:
A. Judgment against the Defendant declaring that the Defendant's actions directly
infringe on the Plaintiffs' patents Nos. US D561, 294 S;
B. Plaintiffs' reasonable royalties that may be proper under 35 U.S.C. § 284 in
amounts to be proven at trial;
C. Plaintiffs' lost profits with respect to each patent infringement in amounts to be
proven at trial;
D. The Defendant's profits from the illegal product.
E. Enhanced damages that may be proper under 35 U.S.C. § 284 with respect to each
patent infringement for the Defendant's willful infringement;
F. A declaration that the Plaintiffs' case against the Defendant is an exceptional case
pursuant to 35 U.S.C. § 285 and therefore subject to attorneys' fees;
G. An award of costs and attorneys' fee to the Plaintiffs; and,
H. Such other relief as the Court deems just and reasonable.

DEMAND FOR A JURY TRIAL

Plaintiffs demand a trial by jury as to all claims averred herein that are triable by jury.
Dated: NovemberW.2018
Attorney for Plaintiff

P.O. Box 25862
Little Rock, AR 72221
Phone: 501-353-1364
Fax: 501-353-1263
Email: arklaw(a),comcast.net
IExhibit A 11111111111111111• 111 USOOD561294S
02) United States Design Patent oo) Patent No.: US D561,294 S

Pennington (45) Date of Patent: ** Feb. S, 2008
(54) STUN GUN 0503,451 S • 3/2005 Tai .. .......................... 022: 117

0530,777 S • 10/2006 Rhee ......................... 022:117
(76) Inventor: Billy Pennington, 414 S. Pulaski St.,
Suite 1. Little Rock, AR (US) 72201 * cited by examiner
Primarv Examiner-Catherine R. Oliver
(**) Term: l4Yean (74) Attorney, Agent, or Firm Crossley Patent Law; Mark
A. Crossley
(21 l Appl. No.: 29/247.836
(57) Cl.AIM
(22) Filed: Jul, 14, 2006
The ornamental design for a stun gun, as shown and
(51) LO<: (8) 0. ................................................. 22-02 described.
(52) US. Cl. ..................................................... D22/Jl7
(58) 1-'leld of Classification Search ............... D22/l17, Di:SCRIPTION
D221118. 199, 105: 42/1.08; 222/175, 183 FIG. 1 is a front elevation view of a stun gun showing my
Sec application file for complete search history. new dt.-sign;
(56) References Cited FIG. 2 is II top plan view;
U.S. PATb'NT lXXUMENTS FIG. 3 is a bottom plan view:
nJ51.639 S I0/1994 Su ............................ D221117
FIG. 4 is a right side elevation view;
0365.622 S • 12il99S Edwards .................... D22ill7 FIG.Sis a left side elevation view: and,
D'.175,994 S •11/1996 Collins et al. ............. 022!117
FIG. 6 is a left side isometric view ofa stun gun showing my
6.256,916 Bl 712001 McNulty .................... 42/1.08
])469,498 S • J/2003 05Carsson .................. 022.1117
new dt.'Sign.
6,636,412 82 IOi2003 Smith ......................... 361!232
6,807.762 Bl !Oi2004 Edwards ..................... 4H.08 l Claim, 4 Drawing Sheets
U.S. Patent Feb.5,2008 Sheet 1 of 4 US D561,294 S
FIG. 1
/ I-
- I - I
- ' - .....I'""
I I I I I I I
I
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!
I
I
'
I
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I
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i
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II I I I I
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'- I
- - - ~
- -, J
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FIG. 2
____...._ _ _ _ _ _ _ _ _ _ _ , i
........-
..
............ _. ____ _._ -
_ - ........· - - · · · · · · - ~ -
...... ....
FIG. 3
FIG. 4 FIG. 5
FIG. 6
Case 4:18-cv-00896-BRW Document 1-1 Filed 11/30/18 Page 1 of 1
JS 44 (Rev. 12112)
CIVIL COVER SHEET 4: IS - c v- icu, - BR W
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleadiniis or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is requtred for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

P.S. Products, Inc., & Billy Pennington, Individually. ContextLogic, Inc., d/b/a www.wish.com
(b) County of Residence of First Listed Plaintiff ~P~u~la~s~k~i________ County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (INU.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(C) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Stewart Law Firm
PO Box 25862
Little Rock, AR 72221 PH: 501-353-1364
II. BASIS OF JURISDICTION (Placea11 "X"'i110neBoxOnlyJ III. CITIZENSHIP OF PRINCIPAL PARTIES (Place 011 "X" in One Box for Plaintiff·
(For Diversity Cases On(v) and One Box for Defendant)
01 U.S. Government ~3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State O I 0 I Incorporated or Principal Place O 4 0 4
of Business In This State
02 U.S. Government ::J 4 Diversity Citizen of Another State 0 2 0 2 Incorporated and Principal Place 0 5 0 5
Defendant (Indicate Citi::e11Ship ofParties in Item Ill) of Business In Another State
0 3 0 3 Foreign Nation 0 6 0 6
IV. NATURE OF SUIT (Place an "X" in One Box Only)
0 110 Insurance PERSONAL INJURY PERSONAL INJURY 0 625 Drug Related Seizure 0 422 Appeal 28 USC 158 0 375 False Claims Act
0 120Marine 0 310 Airplane 0 365 Personal Injury - of Property 21 USC 881 0 423 Withdrawal • 400 State Reapportionment
0 130 Miller Act 0 315 Airplane Product Product Liability 0 690 Other 28 USC 157 0 410 Antitrust
0 140 Negotiable Instrument Liability 0 367 Health Care/ 0 430 Banks and Banking
0 150 Recovery of Overpayment 0 320 Assault, Libel & Pharmaceutical 0 450 Commerce
& Enforcement of Judgment Slander Personal Injury 0 820 Copyrights 0 460 Deportation
n 151 Medicare Act 0 330 Federal Employers' Product Liability ~ 830 Patent 0 4 70 Racketeer Influenced and
0 152 Recovery of Defaulted Liability 0 368 Asbestos Personal 0 840 Trademarlc Corrupt Organizations
Student Loans 0 340Marine Injury Product 0 480 Consumer Credit
(Excludes Veterans) 0 345 Marine Product Liability 0 490 Cable/Sat TV
0 153 Recovery of Overpayment Liability PERSONAL PROPERTY 0 710 Fair Labor Standards 0 861 HIA (1395ft) 0 850 Securities/Commodities/
of Veteran's Benefits 0 350 Motor Vehicle 0 370 Other Fraud Act 0 862 Black Lung (923) Exchange
0 160 Stockholders· Suits 0 355 Motor Vehicle 0 37 I Truth in Lending 0 720 Labor/Management ;'.J 863 DIWC/DIWW (405(g)) 0 890 Other Statutory Actions
0 190 Other Contract Product Liability 0 380 Other Personal Relations 0 864 SSID Title XVI 0 891 Agricultural Acts
0 195 Contract Product Liability 0 360 Other Personal Property Damage 0 740 Railway Labor Act 0 865 RSI (405(g)) 0 893 Environmental Matters
0 196 Franchise Injury 0 385 Property Damage 0 751 Family and Medical 0 895 Freedom of Information
0 362 Personal Injury - Product Liability Leave Act Act
Medical Ma tice 0 790 Other Labor Litigation 0 896 Arbitration
0 791 Employee Retirement 0 899 Administrative Procedure
0 210 Land Condemnation 0 440 Other Civil Rights Habeas Corpus: Income Security Act 0 870 Taxes (U.S. Plaintiff Act/Review or Appeal of
0 220 Foreclosure 0 441 Voting 0 463 Alien Detainee or Defendant) Agency Decision
0 230 Rent Lease & Ejectrnent 0 442 Employment 0 510 Motions to Vacate 0 871 IRS-Third Party 0 950 Constitutionality of
0 240 Torts to Land 0 443 Housing/ Sentence 26 USC 7609 State Statutes
0 245 Tort Product Liability Accommodations 0 530 General
0 290 All Other Real Property 0 445 Amer. w/Disabilities - 0 535 Death Penalty
Employment Other: 0 462 Naturalization Application
0 446 Amer. w/Disabilities - 0 540 Mandamus & Other 0 465 Other Immigration
Other 0 550 Civil Rights Actions
0 448 Education 0 555 Prison Condition
0 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an "'X" in One Box Only)

)I( I Original O 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 u.s.c. 271
VI. CAUSE OF ACTION 1-Bc..nc...e..;;f_de.;..s...;cn;_·p_.ti._on;;;._of.;..c_au-s-e-:- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Patent Infringement
VII. REQUESTED IN 0 CHECK IF THIS IS A CLASS ACTION DEMAND$ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: )!I Yes O No
VIII. RELATED CASE(S)
IFA Y _ _ _ DOCKET NUMBER
DATE
RECEIPT# AMOUNT APPLYING IFP JUDGE MAG.JUDGE

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Case 4:18-cv-00896-BRW Document 1 Filed 11/30/18 Page 1 of 20

IN THE UNITED STATES DISTRICT COURT

v. Civil Action No. ,4: /8 - CV- gq"- BR W

TO THE HONORABLE UNITED STATES DISTRICT COURT:

Complaint against the defendant, ContextLogic, Inc., d/b/a www.wish.com (hereinafter

JURISDICTION AND VENUE

is proper under 28 U.S.C. § 1331.

in Little Rock, Arkansas, within the Eastern District of Arkansas.

3. Additionally, the Eastern District of Arkansas has personal jurisdiction of the

This case assigned to District Judge iMf.sieo«

4. Additionally, The Eastern District of Arkansas has personal jurisdiction of the

patented products via -..,,vv,;w. WISH.com.

6. ContextLogic, Inc., d/b/a ,.vww.WISH.com, located at One Sansome Street, 40th

Wide Web including at www.WlSH.com. Registered agent of service, Lawyers Incorporated

FACTUAL BASIS FOR THE CLAIMS ASSERTED

devices, gun cleaning kits, and other personal protection devices.

in the stream of commerce products that violates the Plaintiffs patent.

11. The Defendant owns and operates the website www.WISH.com.

14. The Plaintiffs' products are one of a kind.

existed prior to the Plaintiffs' designs and patents.

and embodies the Patent-in-suit..

gun than any other item it sells.

the Letters of Patent on all Stun Guns.

and the inventor of the patent.

Plaintiffs' patents on its website.

25. 35 U.S.C. § 271 states in part,

sell, the Plaintiffs' patented inventions, within the United States.

the website \V\VW. WISH.com.

Devices") at the links below on www.wish.com:

a. https://www.wish.com/feed/tabbed feed latest/product/5b2b0b6d59d99f30da03a

www.wish.com, which is owned and operated by the Defendant.

which are provided below. See Fig. 2 Below.

sold through WISH seller Defendant.

to the source, sponsorship, affiliation, or approval of PS P's Blast Knuckle™ product.

devices still remained on its website.

devices on WISH's website violates PSP's intellectual property rights.

and sold on its website.

and purchase products on its website.

WISH makes revenue from www.WISH.com.

property rights has been infringed.

46. Defendant infringe on PSP's patent rights and trademark rights.

48. WISH has contributorily infringed on PSP's trademark rights.

49. WISH has contributorily infringed on PSP's trade dress rights.

cheaper than PSP' s product.

put in to the stream of commerce by Defendant.

FIRST CLAIM FOR RELIEF

fully set forth herein.

WHEREFORE, Plaintiff prays for relief as set forth below.

SECOND CLAIM FOR RELIEF

fully set forth herein.

companies to infringe upon the rights of PSP's '294 patent.

knowledge that the Accused Devises infringe the '294 patent.

at www.WISH.com unless enjoined by this Court.

THIRD CLAIM FOR RELIEF

set forth herein.

consumers as to the source, sponsorship, affiliation, or approval of PSP's BLAST KNUCKLES™

reasonable attorney's fees pursuant to 15 U.S.C. §1117.

FOURTH CLAIM FOR RELIEF

set forth herein.

69. WISH Seller Defendant has engaged in contributory infringement of PSP's

infringe upon the rights of PSP's trademark.

approval of PSP's BLAST KNUCKLES TM product.

the rights of PSP.

72. As a direct and proximate cause of the infringement by WISH Seller