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UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

CASE NO.______________ 

XYZ CORPORATION, 

Plaintiff, 

v. 

THE INDIVIDUALS, PARTNERSHIPS AND 

UNINCORPORATED ASSOCIATIONS IDENTIFIED 

ON SCHEDULE “A”, 

Defendants. 

_________________________________________________/ 

COMPLAINT

Plaintiff, XYZ Corporation (hereinafter referred to as “Plaintiff”), by and through 

undersigned counsel, hereby sues Defendants, the Individuals, Partnerships, and Unincorporated 

Associations identified on Schedule “A” (herein collectively referred to as “Defendants”), which 

will be filed as an exhibit hereto under seal, and in support thereof, states as follows1: 

INTRODUCTION 

1. This is a civil action for design patent infringements pursuant to the Patent Act, 35 

U.S.C. § 101 et seq., including 35 U.S.C. § 271. 

2. Plaintiff owns one (1) United States Design Patent, (hereinafter “Plaintiff’s 

Patent”). Plaintiff’s Patent has been registered with the United States Patent and Trademark Office 

(“USPTO”) and is protected from infringement under federal patent law. 

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 Since it is unknown when Plaintiff’s forthcoming Ex-Parte Motion for Entry of Temporary Restraining Order, 

Preliminary Injunction, and Order Restraining Transfer of Assets will be ruled on, Plaintiff’s name has been 

removed to prevent Defendants from getting advanced notice. Plaintiff will file an Amended Complaint under seal 

that identifies Plaintiff and provides additional information and allegations. 

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3. Without Plaintiff’s authorization or license, Defendants are manufacturing, 

importing, promoting, reproducing, offering for sale, selling, and/or distributing goods that 

incorporate and infringe Plaintiff’s Patent within this District through various Internet based ecommerce stores and fully interactive commercial Internet websites operating under the seller 

identification names set forth on Schedule “A” (the “Seller IDs”). Such infringement is both 

deliberate and willful. 

4. As a result, Plaintiff is enduring continuous damages to its design patent at the 

hands of the Defendants herein, who unlawfully reproduce goods utilizing Plaintiff’s Patent to sell 

for substantial profits. Furthermore, the goodwill associated with Plaintiff’s Patent is being 

harmed by Defendants tricking and confusing the public. 

5. In summary, Plaintiff has spent significant amounts of resources in connection with 

patent enforcement efforts, including legal fees and investigative fees to battle the harm caused by 

Defendants’ infringement actions. 

PARTIES 

6. Plaintiff is a citizen of China and is otherwise sui juris. 

7. Plaintiff is the inventor and owner of an ornamental design patent registered with 

the USPTO. A true and correct copy of Plaintiff’s Patent will be attached to the Amended 

Complaint as Exhibit 1. 

8. Upon information and belief, Defendants are individuals, partnerships and/or 

business entities of unknown makeup, who either reside and/or operate in foreign jurisdictions. 

9. Defendants target their business activities towards consumers throughout the 

United States, including Florida and this District using the operation of Internet based e-commerce 

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stores, such as Amazon.com, via Internet marketplace websites using their Seller IDs and 

additional seller identification aliases and domain names not yet known to Plaintiff. 

10. Upon information and belief, Defendants produce and/or distribute products from 

foreign jurisdictions and ship their goods to fulfillment centers within the United States to 

redistribute their products from those locations to the American consumer. 

11. Defendants have the capacity to be sued pursuant to Federal Rule of Civil Procedure 

17(b). 

12. Upon information and belief, Defendants will continue to register or acquire new 

seller identification aliases and domain names for the purpose of selling and offering for sale goods 

bearing infringing and counterfeit reproductions of Plaintiff’s Patent unless preliminarily and 

permanently enjoined. 

13. Plaintiff has and will continue to suffer damages as a result of Defendants’ patent 

infringements unless injunctive and monetary relief is awarded by this Honorable Court. 

JURISDICTION AND VENUE 

14. This Court has subject matter jurisdiction over this case pursuant to the Federal 

Patent Act, 35 U.S.C. § 101 et seq., and 28 U.S.C. §§ 1331 and 1338. 

15. Defendants are subject to personal jurisdiction in this district because they 

purposefully direct their sales of goods, utilizing Plaintiff’s Patent, to Florida residents by 

operating stores through online Platforms that offer shipping within the United States, including 

Florida and this District. The Defendants infringe Plaintiff’s Patent in this District by 

manufacturing, importing, promoting, reproducing, offering for sale, selling, and/or distributing 

unauthorized reproductions of Plaintiff’s Patent through such Internet based e-commerce stores 

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and fully interactive commercial Internet websites and Plaintiff's claims arise out of these 

activities. 

16. Venue is proper over Defendants in this District pursuant 28 U.S.C. § 1391 and 28 

U.S.C. § 1400, since Defendants are, upon information and belief, aliens engaged in infringing 

activities and causing harm within this District by advertising, importing, promoting, reproducing, 

offering for sale, selling, and/or distributing goods that incorporate and infringe Plaintiff’s Patent

into this District and the Defendants are subject to personal jurisdiction within this District with 

respect to the action brought herein. 

GENERAL ALLEGATIONS

17. Plaintiff has filed this lawsuit against Defendants to enjoin online patent infringers 

who trade upon Plaintiff’s valuable Patent by distributing, offering to sell and/or selling 

unauthorized goods that incorporate and infringe Plaintiff’s Patent. 

18. Plaintiff’s registration of the Patent pre-dates Defendants’ infringement thereof. 

19. Plaintiff’s Patent registration is valid, in full force and effect, unrevoked and 

uncanceled. 

20. Plaintiff has not granted a license or any other authorizations to Defendants to 

make, use, offer for sale, sell and/or import goods that embody the design patented in the Plaintiff’s

Patent which is proprietary to Plaintiff. 

21. Upon information and belief, Defendants willfully and knowingly infringe 

Plaintiff’s Patent rights. 

22. Upon information and belief, Defendants are advertising, distributing, offering to 

sell and/or selling unauthorized goods that incorporate and infringe Plaintiff’s Patent in U.S. 

interstate commerce. 

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23. Defendants offer to sell exact copies and/or confusingly similar copies to the 

claimed designs in Plaintiff’s Patent (hereinafter referred to as the Defendants’ “Counterfeit 

Copies”) through Internet based e-commerce stores operating under the Seller IDs. 

24. Defendants designs of the Counterfeit Copies are so similar to Plaintiff’s as to be 

nearly identical such that an ordinary observer, giving such attention as a purchaser usually gives, 

would be so deceived by the substantial similarity between the designs so as to be induced to 

purchase Defendants’ products believing them to be the same design as the one protected by 

Plaintiff’s Patent. 

25. Upon information and belief, Defendants are actively using, promoting and 

otherwise advertising, distributing, selling and/or offering for sale substantial quantities of their 

Counterfeit Copies without authority to use Plaintiff’s Patent. 

26. At all times relevant hereto, Defendants knew or should have known of Plaintiff’s 

ownership of the Patent, including its exclusive right to use and license such intellectual property. 

27. Defendants’ use of Plaintiff’s Patent to create the Counterfeit Copies, is without 

Plaintiff’s consent or authorization. 

28. Defendants are engaging in the above-described illegal infringing activities 

knowingly and intentionally or with reckless disregard or willful blindness to Plaintiff’s rights. If 

Defendants’ willful and intentional infringing activities are not preliminarily and permanently 

enjoined by this Court, Plaintiff and the consuming public will continue to be harmed. 

29. Upon information and belief, Defendants’ payment and financial accounts are 

being used by Defendants to accept, receive, and deposit profits from Defendants’ infringing 

activities connected to their Seller IDs and any other alias seller identification names being used 

and/or controlled by them. 

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30. Upon information and belief, Defendants continuously create new websites and 

online marketplace accounts using the Seller IDs listed in Schedule A (Exhibit 2 to the Amended 

Complaint - filed under seal), as well as other unknown fictitious names and addresses. 

31. Further, upon information and belief, Defendants are likely to transfer or conceal 

their assets to avoid payment of any monetary judgment awarded to Plaintiff in order to avoid 

being detected and shut down. 

32. Plaintiff has no adequate remedy at law. 

33. Plaintiff is suffering irreparable harm, injury and substantial damages directly and 

proximately caused by Defendants’ unauthorized and wrongful use of Plaintiff’s Patent. 

34. Defendants must be enjoined from continuing to advertise, distribute, offer for sale 

and/or sell Counterfeit Copies that directly infringe on Plaintiff’s patent protections pursuant to 

federal patent law. 

COUNT I 

INFRINGEMENT OF UNITED STATES PATENT 

35 U.S.C. § 271 

35. Plaintiff reincorporates and realleges paragraphs 1 through 34 of this Complaint as 

if fully set forth herein. 

36. The registration for Plaintiff’s Patent is valid, subsisting, unrevoked and 

uncanceled. 

37. Plaintiff is the inventor and owner of the United States Design Patent at issue in 

this lawsuit. 

38. Plaintiff is the owner of all right, title and interest in and to the designs covered by 

the Plaintiff’s Patent, and Plaintiff is entitled to receive all damages and the benefits of all other

remedies for Defendants’ infringements. 

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39. Without Plaintiff’s permission or authorization, Defendants have infringed one or 

more of Plaintiff’s exclusive rights relating to the federally registered Plaintiff’s Patent by 

importing, manufacturing, offering for sale, and/or selling Counterfeit Copies which embody the 

design covered by Plaintiff’s Patent. 

40. Defendants’ Counterfeit Copies contain every aspect of the claimed designs on the 

Plaintiff’s Patent. 

41. Defendants’ Counterfeit Copies have an overall appearance that is confusingly 

similar to the claimed designs in the Plaintiff’s Patent. 

42. Defendants are directly liable for infringing Plaintiff’s Patent under the Patent Act, 

35 U.S.C. § 271. 

43. The foregoing acts of infringement have been willful, intentional, and purposeful, 

in disregard of and indifferent to Plaintiff’s rights in the Patent. 

44. Defendants’ unlawful actions have caused and are continuing to cause 

unquantifiable and irreparable harm and unquantifiable damages to Plaintiff and are unjustly 

enriching themselves at Plaintiff’s expense. 

45. As a direct and proximate result of Defendants’ continuous infringement of 

Plaintiff’s Patent, Plaintiff is entitled to injunctive relief as well as monetary damages as provided

by the Patent Act, including Defendants’ profits pursuant to 35 U.S.C. §§ 284 and 289. 

46. Plaintiff is further entitled to its attorney’s fees pursuant to 35 U.S.C. § 285. 

47. Upon information and belief, Defendants’ infringement of Plaintiff’s Patent has 

been and continues to be willful. 

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48. Defendants’ conduct has caused and will continue to cause Plaintiff substantial 

damages, including irreparable harm, for which Plaintiff has no adequate remedy at law, unless 

and until Defendant is enjoined from infringing the Plaintiff’s Patent. 

49. Plaintiff is entitled to injunctive relief, as set forth below, because of 

the continuing infringements of Plaintiff’s Patent and because of the significant threat of future 

infringement as evidenced herein. 

PRAYER FOR RELIEF 

WHEREFORE, Plaintiff demands judgment, an award of equitable relief and monetary 

relief against Defendants as follows: 

A. Entry of temporary, preliminary, and permanent injunctions pursuant to 35 U.S.C. 

§ 284, and Federal Rule of Civil Procedure 65; enjoining Defendants, their affiliates, officers, 

agents, representatives, servants, employees, and all persons acting in concert or participation 

therewith, from infringing Plaintiff’s Patent in manufacturing or causing to be manufactured, 

producing, importing, advertising or promoting, distributing, selling or offering to sell their 

Counterfeit Copies; from infringing, counterfeiting, and from using any reproduction, counterfeit, 

copy, or colorable imitation of the Patent in connection with the publicity, promotion, offer for 

sale, sale, or advertising of any goods sold by Defendants. 

B. Entry of an order pursuant to 28 U.S.C. § 1651(a), The All Writs Act, and the 

Court’s inherent authority, that upon Plaintiff’s request, the applicable governing Internet 

marketplace website operators and/or administrators for the Seller IDs who are provided with 

notice of an injunction issued by the Court disable and/or cease facilitating access to the Seller 

IDs, associated ecommerce stores and websites, and any other alias seller identification names 

being used and/or controlled by Defendants to engage in the business of marketing, offering to 

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sell, and/or selling goods bearing infringements of Plaintiff’s Patent. The Internet marketplace 

platforms include but are not limited to; Amazon and ebay. 

C. Entry of an Order pursuant to 28 U.S.C. § 1651(a), and the Court’s inherent 

authority, that upon Plaintiff’s request, any Internet marketplace website operators and/or 

administrators for the Seller IDs who are provided with notice of an injunction issued by the Court, 

identify any name, address and e-mail address known to be associated with Defendants’ respective 

Seller IDs. 

D. Entry of an order pursuant to 28 U.S.C. § 1651(a), and the Court’s inherent 

authority that, upon Plaintiff’s request, any Internet marketplace website operators and/or 

administrators who are provided with notice of an injunction issued by the Court permanently 

remove any and all listings and associated images of goods bearing infringements of the Patent via 

the e-commerce stores operating under the Seller IDs, and upon Plaintiff’s request, any other 

listings and images of goods bearing infringements of the Plaintiff’s Patent associated with and/or 

linked to the same sellers or linked to any other alias seller identify cation names being used and/or

controlled by Defendants to promote, offer for sale and/or sell goods bearing infringements of the 

Plaintiff’s Patent. 

E. Entry of an order that, upon Plaintiff’s request, Defendants and any financial 

institutions, payment processors, banks, escrow services, money transmitters, or marketplace 

platforms, and their related companies and affiliates, identify and restrain all funds, up to and 

including the total amount of judgment, in all financial accounts and/or sub-accounts used in 

connection with the Seller IDs or other alias seller identification or e-commerce store names, 

domain names and/or websites used by Defendants presently or in the future, as well as any other 

related accounts of the same customer(s) and any other accounts which transfer funds into the same 

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financial institution account(s), to be surrendered to Plaintiff in partial satisfaction of the monetary 

judgment entered herein. 

F. Entry of a judgment and award that Defendants account for and pay to Plaintiff 

damages adequate to compensate for Defendants’ infringements of the Plaintiff’s Patent, including 

lost profits but in no event less than a reasonable royalty. 

G. Entry of a judgement and award of Defendants’ total profits in an amount subject 

to proof at trial, pursuant to 35 U.S.C. § 289. 

H. Entry of an Order finding that Defendants’ infringement was willful and an award 

of increased damages for willful infringement, pursuant to 35 U.S.C § 284. 

I. Entry of an Order finding this case is exceptional under 35 U.S.C. § 285 and 

awarding Plaintiff its costs, expenses and disbursements incurred in this action, including 

reasonable attorney’s fees as available by law to be paid by Defendants. 

J. Entry of an award of prejudgment interest on the judgment amount. 

K. Entry of an Order for such other and further relief as the Court may deem just and 

proper. 

Respectfully submitted on this 12th day of December, 2022. 

LAW FIRM OF RUBIO & ASSOCIATES, P.A. 

Attorneys for Plaintiffs 

8950 SW 74 Ct., Suite 1804 

Miami, Fl 33156 

Telephone: (786) 220-2061 

Facsimile: (786) 220-2062 

Email: hrubio@rubiolegal.com 

Email: apuentes@rubiolegal.cm 

Email: frubio@rubiolegal.com 

Email: info@rubiolegal.com 

 

By:/s/ Humberto Rubio 

Humberto Rubio, Jr., Esq. 

Florida Bar No. 36433 

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Felipe Rubio, Esq. 

Florida Bar No. 123059 

M. Arabella Puentes, Esq. 

Florida Bar No. 26825 

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