Turbo Style - Complaint

7/29/2019 Turbo Style - Complaint

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Erik S. Ericksen, UT 9626

Jed H. Hansen, UT 10679Eric E. Westerberg, UT 12712

THORPE, NORTH & WESTERN, LLP

8180 South 700 East, Suite 350

Sandy, Utah 84070Telephone: (801) 566-6633

Facsimile: (801) 566-0750

Attorneys for Plaintiff

Turbo Style Products, LLC

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH, CENTRAL DISTRICT

TURBO STYLE PRODUCTS, LLC, a Utah

limited liability company

Plaintiff

v.

LUIGIAS LASHES, LLC, a Alabama

limited liability company; and CARLO

MARK BONE, an individual residing in theUnited Kingdom, dba EYELASHES FORCARS, dba TRANSGLOBAL

DISTRIBUTION NETWORK,

Defendants.

Case No.: 2:13-cv-00852

COMPLAINT

WITH JURY DEMAND

Judge Brooke C. Wells

Plaintiff Turbo Style Products, LLC (Turbo Style) by and through its counsel hereby

files this Complaint with Jury Demand against Defendants Luigias Lashes, LLC (LL) and

Carlo Mark Bone, dba Eyelashes For Cars, dba Transglobal Distribution Network (Bone)

(collectively Defendants).

Case 2:13-cv-00852-BCW Document 2 Filed 09/17/13 Page 1 of 11


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COMPLAINT

Plaintiffs complain and allege as follows:

PARTIES, JURISDICTION AND VENUE

1. Turbo Style Products, LLC is a Utah corporation having a principal place ofbusiness at 2402 Lake View Ct., Park City, Utah 84060.

2. Upon information and belief, Luigias Lashes, LLC is a Alabama limited liabilitycompany with its principal place of business at 6097 County Rd 33, Hollywood, Alabama 35752.

3. Upon information and belief, Carlo Mark Bone is an individual residing in theUnited Kingdom at 23 Seymour Road, Luton, LU1 3NL, United Kingdom.

4.

Upon information and belief, Carlo Mark Bone does business under the namesEyelashes For Cars and Transglobal Distribution Network.

5. Turbo Style brings this action under U.S. patent laws, 35 U.S.C. 1 et seq.,under the Lanham Trademark Act, Title 15, United States Code 1051, et seq., and under various

other Utah state law and common law provisions.

6. This Court has subject matter jurisdiction over this action under 28 U.S.C. 1331 and 1338.

7. This Court has supplemental jurisdiction over any state law statutory and commonlaw claims pursuant to 28 U.S.C. 1367.

8. Upon information and belief, this Court has specific personal jurisdiction overDefendants as Defendants have purposefully directed their activities toward the state of Utah.

9. Upon information and belief, this Court has general personal jurisdiction overDefendants since Defendants contacts with Utah are substantial, continuous, and systematic and

this action is based upon activities that arise out of or are related to those contacts.

10. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 becauseDefendants conduct business directly related to the patents and trade dress at issue in this case,

thereby harming Plaintiffs in this judicial district.



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13. Turbo Style manufactures, markets, and sells throughout the United Statesautomobile accessory products, including products that approximate the shape of eyelashes and

that are sold under the CARLASHES mark (the CARLASHES Products). Through the

extensive sale, marketing, and distribution of the CARLASHES Products, the design and trade

dress of the CARLASHES Products has become distinctive and consumers associate the design

and trade dress with Turbo Style. An image of one example of the CARLASHES Products is

illustrated below.

DEFENDANTS MISCONDUCT

14. Upon information and belief, Defendants make, use, sell, offer for sale, and/orimport into the United States an automobile accessory that infringes the Turbo Style Patents (the

Infringing Products). Images of several example Defendants Infringing Products are shown

below.



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15. Upon information and belief, Defendants continued manufacture, use, sale,importing, and offering for sale and distribution of the Infringing Products has injured, is

injuring, and will continue to cause irreparable injury to Turbo Style.

16. Additionally, upon information and belief, Defendants acted in an objectivelyreckless manner with respect to Plaintiffs patent rights. Upon information and belief,

Defendants made, used, sold, offered for sale, and/or imported into the United States the

Infringing Products knowing that it was highly likely that their acts would constitute

infringement of a valid patent. Upon information and belief, Defendants knew or should have

known that their actions were highly likely to result in the infringement of a valid patent. As a



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consequence, Defendants have engaged in willful infringement of the Turbo Style Patents and

Turbo Style is therefore entitled to treble damages and attorneys fees as well as costs incurred in

this action along with prejudgment interest under 35 U.S.C. 284 and 285.

17. Defendants make, use, sell, import, offer for sale, and/or distribute the InfringingProducts in the United States. These products copy the trade dress of Turbo Styles

CARLASHES Products.

18. Upon information and belief, LL owns, maintains, and controls a website at theURL www.luigiaslashes.com (the LL Website).

19.

LL actively markets and sells the Infringing Products, among other channels,

through the LL Website.

20. Upon information and belief, Bone owns, maintains, and controls websites at theURLs www.eyelashes-for-cars.com, www.pixielips.com andwww.autocareyelashes.com (the

Bone Websites).

21. Bone actively markets and sells his Infringing Products, among other channels,through the Bone Websites in the United States.

22. Upon information and belief, Bone imports its Infringing Products into the UnitedStates for resale by LL and others.

23. Upon information and belief, LL and Bone have marketed, sold, and offered forsale and continues to market, sell, and offer for sale the Infringing Products on ebay.com.

Representative Ebay listings and a transaction history are attached hereto as Exhibit B.

24. Defendants are in direct competition with Turbo Style and Defendants InfringingProducts are substantially identical to Turbo Styles CARLASHES Products. Defendants and



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Turbo Styles products are marketed through identical channels of trade and to identical

consumers.

25. In view of the above, it is clear that Defendants use of confusingly similarproduct designs are likely to cause confusion, or to cause mistake, or to deceive consumers as to

the affiliation, connection, or association of Defendants with Turbo Styles CARLASHES

Products.

26. Upon information and belief, Defendants have purposefully copied Turbo StylesCARLASHES Products trade dress to unlawfully benefit from Turbo Styles goodwill in the

marketplace.

27. Turbo Style has been, and continues to be, significantly damaged by Defendantsactions. So long as Defendants continue performing the unlawful and improper actions

described in this complaint, Turbo Style will continue to suffer irreparable harm that will not be

fully compensable by money damages.

FIRST CAUSE OF ACTION

(PATENT INFRINGEMENT OF THE TURBO STYLE PATENTS UNDER 35U.S.C.271)

28. Plaintiffs hereby incorporates by reference each and every preceding allegation ofthis complaint as if set forth fully herein.

29. Turbo Style owns the Turbo Style Patents.30. Defendants make, use, sell, offer for sale, and/or import into the United States

automobile accessories that directly infringe the Turbo Style Patents.

31. At no time has Turbo Style granted Defendants permission, license, orauthorization to use the designs claimed in the Turbo Style Patents.

32. Upon information and belief, Defendants infringing activities have damagedTurbo Style in an amount to be proven at trial. Among other remedies, Turbo Style is entitled to

its lost profits or, in the alternative a reasonable royalty to adequately compensate Turbo Style



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37. By engaging in these activities, Defendants have infringed Turbo Styles tradedress and is liable for unfair competition under 15 U.S.C. 1125(a)(1)(A) and under the

common law.

38. Turbo Style has suffered actual damages as a result of Defendants trade dressinfringement and unfair competition in an amount to be proven at trial. Additionally, the harm to

Turbo Style arising from Defendants acts is not fully compensable by money damages. Turbo

Style has suffered, and continues to suffer, irreparable harm that has no adequate remedy at law

and that will continue unless Defendants conduct is preliminarily and permanently enjoined.

39. Defendants continued use of Turbo Styles trade dress is willful and intentional.As a result, Turbo Style is further entitled to treble damages and an award of costs and attorneys

fees.

THIRD CAUSE OF ACTION

(UNFAIR COMPETITION,UTAH CODE ANN.13-5A-102,103 AND/OR 13-5-14 AND UTAH

COMMON LAW)

40. Turbo Style hereby incorporates by this reference each and every precedingallegation as if set forth fully herein.

41. Turbo Style owns the Turbo Style Patents.42. Defendants have engaged in unfair methods of competition by infringing the

Turbo Style Patents.

43. Defendants make, use, sell, offer for sale, and/or import into the United Statesautomobile accessories that infringe the Turbo Style Patents.

44. Defendants have engaged in unfair methods of competition by infringing TurboStyles trade dress.

45. Upon information and belief, Turbo Style has been injured by Defendantsinfringing acts.

46. By engaging in the above-described activities, Defendants have engaged in unfaircompetition under Utah Code Ann. 13-5a-102, 103 and/or 13-5-14 and under Utah common

law.



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47. Turbo Style has suffered actual damages as a result of unfair business practices byDefendants in an amount to be proven at trial. Additionally, the harm to Turbo Style arising

from these acts by Defendants is not fully compensable by money damages. Turbo Style has

suffered, and continues to suffer irreparable harm that has no adequate remedy at law and that

will continue unless this unfair conduct by Defendants is preliminarily and permanently

enjoined. Furthermore, Turbo Style is entitled to its attorneys fees and costs.

FORTH CAUSE OF ACTION

(UNJUST ENRICHMENT UNDER UTAH COMMON LAW)

48. Turbo Style hereby incorporates by this reference each and every precedingallegation as if set forth fully herein.

49. Defendants have benefited from the improper, unfair, and unauthorized use of theTurbo Style Patents as alleged herein.

50. Defendants knew, or should known, that their actions were improper and fullyappreciated the benefits received as a result of their improper actions.

51. Defendants would be unjustly enriched if they were permitted to retain thebenefits obtained from such actions.

52. Equity and good conscience require that Defendants be required to account forand pay to Turbo Style an amount equal to value of the benefits conferred upon the Defendants.

WHEREFORE, it is respectfully requested that the Court enter judgment in favor of

Plaintiffs as follows:

A. That the Court enter judgment that Defendants have infringed the Turbo StylePatents.

B. That the Court enter judgment that the Defendants have competed unfairlypursuant to 15 U.S.C. 1125 and infringed Turbo Styles trade dress under the Lanham Act and

common law.



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C. That the Court enter judgment that Defendants have competed unfairly pursuantto Utah Code. Ann. 13-5a-102 and 13-5-14 and Utah common law.

D. That the Court enter judgment that Defendants have been unjustly enrichedthrough Defendants misconduct.

E. That Defendants be ordered to pay damages to Turbo Style, together with interest,in an amount be determined by this Court.

F. That the Court award Turbo Style treble damages pursuant to 35 U.S.C. 284.G. That the Court award Turbo Style costs and attorneys fees related to this action.H. That the Court award Turbo Style prejudgment interest.I. That Turbo Style have such other and further relief as shall seem just and proper

to the Court.

J. That the Court grant preliminary and permanent injunctive relief enjoiningDefendants, Defendants officers, directors, principals, agents, servants, employees, successors

and assigns, and all other aiding, abetting, or acting in concert or active participation therewith,

from directly or indirectly infringing the patents and trade dress in suit, including with limitation,

precluding Defendants from making, using, selling, offering for sale, or importing the infringing

products.

DATED: September 17, 2013 THORPE NORTH & WESTERN, LLP

/Erik S. Ericksen/

Erik S. Ericksen

Jed H. HansenEric E. Westerberg

THORPE NORTH & WESTERN, LLP

Attorneys for PlaintiffTurbo Style Products, LLC



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Case 2:13-cv-00852-BCW Document 1 Filed 09/17/13 Page 1 of 1Case 2:13-cv-00852-BCW Document 2-1 Filed 09/17/13 Page 1 of 1

JS 44 (Rev 12/ 12) CIVIL COVER SHEETThe JS 44 civil cover sheet and lhe infom1a11on contained herein n ~ i t h e r replace nor supplement the fil.ing and service of p!eadings or other papers as required by law, except asprovided byl!>cal rules of.cc;>urt. Thts fonn, approved by lheJudtctal o n f e r e n ~ e United States m September 1974, ts requtred for the use of he Clerk of Court for lhepurpose of inallallng the CIVIl docket sheet. (SEE JNS71WC170NSON NEXTPAGE. 01 1'/f/S 1-t)RM.)I. (a) PLAINTIFFSTURBO STYLE PRODUCTS, LLC, a Utah Limited Liability Company

(b) County of Restdence of Ftrst Listed PlainufT Summit County(hXC 'f:P11N U..\: I'LAJNTIFFCASESJ

(C) Allomeys t'F1rm Namr. Adtlr.u. and t l t p h ~ Number)Erik S. Etidcsen, Jed H. Hen$tn, Erie E Wtlttrt>e'ersity Cases Only) and OneBox for Defendant)0 I U.S. Oovernmenl 3 Federal Queslion PTF DEF Yl 'F DEF

Plain1iff (U.S. Gmemmem Nm a Party) Citi1.en of This Stale 0 0 Incorporated or Principal Place 0 0

0 2 U.S. Government 04 DiversityDefendant (lnd" lllt l l ~ : e n s h i p ofParlte$ m I !em Ill)

IV. NATURE O F SU IT l ' l < > < "K" in On e Hox only)

Citizen of Another Stale

Citizen or Subjeer of aForcion CounhV

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of Business In This Srate0 2 Incorporated andPrincipal Place

ofBusiness In Another Stale0 Foreign Nation

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CONTRACI' TOil'rs l Ul1ti:R S: AT [ t;l l0 110 Insurance PERSONAL INJURY PE-RSONAL INJURY 0 625 Drug Related Seizure 0 422 Appeal28 USC' ISS 0 375 False Claims Acr0 120Marine 0 310Auplane 0 36SPersonallnjwy ofPropcnyliUSC881 0 423\Vithdtawal 0 400SrareReapporuonmcnr0 130MillcrAOI 0 3 1SAizplaneProduet Product Liability 0 6900rhcr 28USC IS7 0 410AnlitruSI0 140 Negooable lnSinlment L.itb11ity 0 367 Health CMcl t - ; ~ ~ ~ ~ ~ m J D L = 1 0 430 Banksand Bank1ng0 ISO Recovery of0vcrpl)lnxnl 0 320 As$aulr, Libel & Phannaoeutical 1-: 0 4SO ConVDCKe& EnfO r a < : l i : p ~ ~ ~ ! J i ' j [ i j l 2 ~ ~ 790 Other Labor Lirigorion 0 896 ArbitrationREAL PROPER rY (:ML RIGti TS PRISON NS 0 791 E111ployee Retirement ~ : J j ~ m J U : I r A ~ ~ [ ! j J T S L : 1 0 899 Administralive Procedure0 210 l.and Condemnation 0 440 Other Civil Rihts Habus Corp us: Income Security Act 0 870 TexC$ (U.S. Plaintiff Acr/Review or Appeal of0 220 Foreclosure 0 441 V01ing 0 463 Alien Detainee or Defendant) Agency Decision0 230 Rent Lease & J;iectmcnt 0 442 Employment 0 SIO Motions to Vacate 0 8711RS-Third Party 0 950ConstiiU!ionalityof0 240 Tons to Land 0 443 Housing/ Sentence 26 USC 7609 Stare Statutes0 145 Tort Product Liability Accommodalious 0 530 General0 290 All Other Real Propcny 0 445 Amcr. w/Oisabilitics 0 535 Death PenaltyEmployment Other:0 446 Amer. w/Oisabilities 0 540 Mandamus & OtherOther 0 550 Civil RisJ!ts0 448 Education 0 SSS Prison Conditoon0 560Civil Detainee Conditions ofConfinementV. ORIGIN (Piti

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Turbo Style - Complaint