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IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

DONALD J. LANPHERE, JR., )

) Civil Action No.:Plaintiff, )

v. )) Hon. Judge:

PRIMA (XIAMEN) CO., LTD.; and )HELEN HUANG ) Magistrate Judge:

)Defendants. )

__________________________________________ ) JURY TRIAL DEMANDED

COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES

Plaintiff DONALD J. LANPHERE, JR. (hereinafter Don Lanphere), by his undersigned

attorneys, for their complaint against Defendants PRIMA (XIAMEN) CO., LTD. and HELEN

HUANG (hereinafter collectively the Defendants), states and alleges as follows:

Cause of Action

1. This action arises from the Defendants willful misappropriation of Don Lanpheres rights

in and to his original, copyrighted, patented, trade dressed and highly distinctive Helmet-Shaped Hat

With Facemask (hereinafter Huddle Hat), and to the Defendants importation into the U.S. of

products that are derivatives of, wholesale imitations of, substantially similar and/or confusingly

similar to Don Lanpheres Huddle Hat.

2. This action is for copyright infringement under 17 U.S.C. 101 et seq., design patent

infringement under 35 U.S.C. 271 et seq., trade dress infringement, unfair competition and false

designation of origin, under 15 U.S.C. 1125(a), and related state and common law claims. Don

Lanphere seeks a preliminary and permanent injunction and damages, including statutory damages

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and treble damages and attorneys fees for willfulness under 17 U.S.C 505, 15 U.S.C. 1117 and 35

U.S.C. 284 and 285, against the Defendants, preventing the Defendants from further importation

into the U.S. of any and all products or the like which infringe directly or indirectly upon Don

Lanpheres U.S. Copyright Registration No. VA-1-768-794, U.S. Patent Number D559,502S, his

rights under the Lanham Act, State law and at common law.

Parties

3. Plaintiff Don Lanphere is an individual, U.S. citizen residing at 1741 Ridgewood Ln. E.,

Glenview, Illinois 60025.

4. Upon information and belief, Defendant Prima (Xiamen) Co. Ltd. is a foreign company

residing in China, and having a place of business at No. 958, West Jinyuan Road, Xinglin District,

Xiamen , 361022 , P.R.China.

5. Upon information and belief, Defendant Prima (Xiamen) Co. Ltd. has been, and is doing

business in the State of Illinois and within this judicial district by importing one or more helmet-

shaped hats with removable flexible facemasks into Illinois.

6. Upon information and belief, Defendant Helen Huang is a foreign individual residing in

China and having a place of business at No. 958, West Jinyuan Road, Xinglin District, Xiamen,

361022 , P.R.China, and has participated in, directed, and/or induced the unlawful acts complained

of herein.

7. Upon information and belief, Helen Huang has been, and is doing business in the State of

Illinois and within this judicial district by importing one or more of helmet-shaped hats with

removable flexible facemasks into Illinois.

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Jurisdiction and Venue

8. This action arises under the provisions of 17 U.S.C. 101 et seq., 15 U.S.C. 1051 et seq.,

35 U.S.C. 1 et seq., and related state and common law.

9. This Court has jurisdiction of these claims under, inter alia, the provisions of 15 U.S.C.

1501 et seq., 17 U.S.C. 501 et seq., 35 U.S.C. 271 et seq.,. and 28 U.S.C. 1331 and 1338. This

Court has jurisdiction over the state law and common law claims in this action pursuant to 28 U.S.C.

1367(a) because the state law and common law claims are so related to the federal claims that they

form part of the same case or controversy and derive from a common nucleus of operative facts.

10. Venue is proper in this District under, inter alia, the provisions of Section 1391 and

1400 of Title 28, United States Code.

Background Facts

11. On January 15, 2008, United States Patent No. D559,502S (the 502 patent),

entitled Helmet-Shaped Hat with Facemask, was duly and legally issued to Don Lanphere, the

named inventor and sole owner of the subject matter claimed in the 502 patent. A true and correct

copy of the 502 patent is attached hereto as Exhibit A.

12. Effective March 7, 2011, United States Copyright Registration No. VA-1-768-794

(the 794 Copyright) entitled Helmet Shaped Hat With Flexible Removable Facemask was duly

and legally registered to Don Lanphere, the author and sole copyright claimant of sculpture/3-D

artwork subject matter in the 794 Copyright. A true and correct copy of the 794 Copyright is

attached hereto as Exhibit B.

13. Upon information and belief, sometime in the late summer/early fall of 2009, a third

party sent to the Defendants one of Don Lanpheres Huddle Hats, or pictures thereof. Upon

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information and belief, at this time, the Defendants proceeded to make one or more samples of Don

Lanpheres Huddle Hats or one or more substantially similar variations thereof (hereinafter the

Huddle Hat Samples). Upon information and belief, also at this time, the Defendants imported

into the U.S. one or more of these Huddle Hat Samples. The Defendants actions described herein

were without Don Lanpheres knowledge and/or consent.

14. Upon information and belief, the Defendants Huddle Hat Samples are substantial

copies of Don Lanpheres Huddle Hat product. As such, the Defendants have violated Don

Lanpheres patent and copyright by making and importing into the U.S. their infringing Huddle Hat

Samples.

15. Subsequent thereto, upon information and belief, the Defendants began

manufacturing and have been importing into the U.S. one or more helmet-shaped hats with

removable flexible facemasks (hereinafter Fanaticaps) which are derivatives of, wholesale

imitations of, substantially similar and/or confusingly similar to Don Lanpheres Huddle Hats. The

Defendants actions described herein are without Don Lanpheres consent.

16. Attached hereto as Exhibit C is a side by side comparison of the Defendants

Fanaticap product and Don Lanpheres Huddle Hat product. As can be readily seen in Exhibit C,

these two products are substantially similar and are likely to cause confusion in the marketplace.

Upon information and belief, the Defendants Fanaticaps are substantial copies of Don Lanpheres

Huddle Hat product. As such, the Defendants have violated Don Lanpheres patent and copyright by

making and importing into the U.S. their infringing Fanaticaps.

17. On information and belief, the Defendants have and/or are importing into the U.S.

one or more products which infringe the 502 patent and the 794 Copyright, including, but not

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limited to, the Huddle Hat Samples and the Fanaticaps, and that this infringement is willful and

deliberate.

18. On information and belief, the Defendants are also infringing Don Lanpheres trade

dress in and to his Huddle Hat product by making and importing into the U.S. one or more

confusingly similar products to the Huddle Hat products, including, but not limited to, the Huddle

Hat Samples and the Fanaticaps, and that this infringement is willful and deliberate.

19. On information and belief, the Defendants intentionally and willfully have and

continue to import into the U.S. one or more infringing products, despite having actual or at least

constructive knowledge of the 502 patent, the 794 Copyright and/or the Huddle Hat trade dress.

20. Upon information and belief, the Defendants copying of and/or derivative of Don

Lanpheres Huddle Hat product and design has caused actual confusion and is likely to cause further

confusion, to the detriment of Don Lanphere.

21. Upon information and belief, Don Lanpheres Huddle Hat is non-functional and has

acquired distinctiveness.

COUNT I

Copyright Infringement

22. Don Lanphere repeats and realleges paragraphs 1-21 as though fully stated herein.

23. The Defendants, who had actual knowledge of the copyrighted design, intentionally

copied the copyrighted design, and/or intentionally made derivatives of the copyrighted design.

24. Defendants conduct as aforesaid constitutes infringement of Don Lanpheres

copyrights in and to his Helmet Shaped Hat with Flexible Removable Facemask.

25. Defendants share liability jointly and severally for said infringing conduct.

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26. Defendants conduct as aforesaid has caused great and irreparable injury to Don

Lanphere, and unless such conduct is enjoined, it will continue, and Don Lanphere will continue to

suffer great and irreparable injury.

27. Plaintiff has no adequate remedy at law.

COUNT II

Patent Infringement of the 502 Patent

28. Don Lanphere repeats and realleges paragraphs 1-27 as