1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

CHOON’S DESIGN INC., 

a Michigan corporation, 

 

 Plaintiff 

 Case No. 

v. 

 

JAYFINN LLC, 

an Arizona limited liability company, JURY TRIAL DEMANDED

 

 Defendant 

 

COMPLAINT AND JURY DEMAND

NOW COMES Choon’s Design Inc. (“Plaintiff” or “Choon’s”), by and 

through its attorneys, Carlson, Gaskey & Olds, P.C., and for its Complaint against 

Defendant Jayfinn LLC (“Defendant” or “Jayfinn”) states as follows. Choon’s also 

wishes to note that it currently has six1

 other pending lawsuits before this Court 

involving one or more of the patents in suit. A Motion for Reassignment (to 

consolidate the cases) was denied.2

 

 

1

 The pending cases in this Court are: 1) Case No. 13-13568-PJD-RSW; 2) Case 

No. 13-13569-TGB-MKM; 3) Case No. 14-10847-SJM-MAR; 4) Case No. 14-

10848-VAR-DRG; 5) Case No. 14-11102-RHC-MJH; and 6) Case No. 14-11442

SFC-MKM. 

2

 See Doc. 53 in Case No. 13-13568-PJD-RSW. 

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PARTIES 

1. Choon’s is a Michigan corporation having its primary place of 

business at 48813 West Road, Wixom, Michigan 48393. 

2. Jayfinn is an Arizona limited liability company having its primary 

place of business at 3875 E Cloudburst Dr., Gilbert, AZ 85297. 

JURISDICTION AND VENUE 

3. This Court has original subject matter jurisdiction over the claims in 

this action pursuant to 28 U.S.C. § 1331 (federal question), § 1332 (diversity), and 

§ 1338(a) (patents and copyrights). 

4. Defendant is subject to personal jurisdiction in this Court. In 

particular, this Court has personal jurisdiction over Defendant because it has 

engaged in continuous, systematic and substantial activities within this judicial 

district, including the marketing and sales of products in this judicial district. 

Furthermore, upon information and belief, this Court has personal jurisdiction over 

Defendant because it has committed acts giving rise to Choon’s claims within and 

directed to this judicial district. For instance, Defendant has sold and shipped 

products to customers located in this judicial district. 

5. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b), (c) 

and 1400 (a). 

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BACKGROUND 

6. In late 2011, Choon’s introduced its Rainbow Loom product (“the 

Rainbow Loom”) to the market. The Rainbow Loom is a loom designed to be used 

with rubber bands to form links for making bracelets, necklaces, and even bags and 

other items. 

7. Choon’s introduced the Rainbow Loom by selectively placing it in 

specialty toy and craft stores. Choon’s did not initially sell the product to any retail 

chains—although it does now. 

8. Notwithstanding, the Rainbow Loom product was, from the get go, 

received with great fanfare and accomplished almost immediate and monumental 

success—even without any relationships with retail chains. 

9. In an article dated July 19, 2013 (attached as Exhibit 1), one store 

owner noted “[w]e are selling the Rainbow Loom like crazy!” The article further 

notes that the Rainbow Loom is “[t]he summer obsession ... [and] ... is flying off 

shelves so quickly that stores can’t keep them in stock for long,” and that the 

popularity of the Rainbow Loom has “‘spread like wildfire throughout the 

country,’ especially with kids 5 to 15.” 

10. Choon’s founder, Cheong Choon Ng, has been featured on the NBC’s 

TODAY show (http://www.today.com/style/new-silly-bandz-rainbow-loombracelets-hit-kids-6C10920802) and his amazing success story has been detailed in 

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a number of publications. Copies of a few of the published articles, such as those in 

The Wall Street Journal, The New York Times, and Crain’s Detroit Business are 

attached as Exhibit 2. 

11. Undoubtedly, the Rainbow Loom has become a smash hit within the 

toy industry. Recently, Choon’s was awarded the coveted “Toy of the Year” award 

at the 14th Annual Toy of the Year Awards held in New York City. Choon’s also 

received awards for “Activity Toy of the Year,” “Girl Toy of the Year,” and 

“Specialty Toy of the Year.” A press release from the Toy Industry Association is 

attached as Exhibit 3. 

12. Since its introduction into the market, Choon’s has sold more than 

five million Rainbow Looms. Of course, Choon’s has also sold large volumes of 

other complementary products that are used with the Rainbow Loom such as 

rubber bands and C-clips (which are used to hold the two ends of a necklace or 

bracelet together). 

13. Choon’s tremendous success has led to numerous copycats trying to 

capitalize on Choon’s hard work. For instance, after taking note of Choon’s great 

success, Defendant has begun selling its own loom kit, called “Goodie Looms” 

(hereinafter the “Goodie Looms kit”), which comes with a loom, rubber bands, and 

clips, among other things. The Goodie Looms kit is listed for sale at least through 

Defendant’s website, goodielooms.com (Exhibit 4), and through a listing on 

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Amazon.com (Exhibit 5). Exhibit 6 includes photographs of Defendant’s Goodie 

Looms kit. 

14. Choon’s owns several U.S. patents that cover its Rainbow Loom. One 

such patent is United States Patent No. 8,485,565 (“the ‘565 patent”), entitled 

“Brunnian Link Making Device and Kit,” which was issued on July 16, 2013 by 

the United States Patent and Trademark Office. A true and correct copy of the ‘565 

patent is attached hereto as Exhibit 7. 

15. The ‘565 patent names Cheong Choon Ng as inventor. 

16. Choon’s is the owner by assignment of all right, title and interest in 

the ‘565 patent. 

17. The ‘565 patent generally relates to, inter alia, a novel method and 

device for creating a linked item. 

18. Another such patent is United States Patent No. 8,684,420 (“the ‘420 

patent”), entitled “Brunnian Link Making Device and Kit,” which was issued on 

April 1, 2014 by the United States Patent and Trademark Office. A true and correct 

copy of the ‘420 patent is attached hereto as Exhibit 8. 

19. The ‘420 patent names Cheong Choon Ng as inventor. 

20. Choon’s is the owner by assignment of all right, title and interest in 

the ‘420 patent. 

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21. The ‘420 patent generally relates to, inter alia, a novel method and 

device for creating a linked item.

22. Defendant’s Goodie Looms kit infringes one or more of the claims of 

Choon’s ‘565 and ‘420 patents. 

23. Choon’s also owns U.S. Trademark Registration No. 4,345,796 for the 

RAINBOW LOOM mark, and uses this mark in connection with its Rainbow 

Loom products. A copy of the registration is attached as Exhibit 9. 

24. Defendant’s website lists its Goodie Looms kit for sale along with the 

description “Rainbow Loom Band Kits are a creative hybrid toy for elementary

school kids,” and encourages its potential customers to “[g]o ahead and try our 

Rainbow Loom Bracelet Kit!” (Exhibit 4) (emphasis added). Further, Defendant’s 

Amazon listing lists its product as “GOODIE LOOMS-Rainbow Loom Bands 

Kit.” (Exhibit 5) (emphasis added). 

25. Defendant’s usage of the term “Rainbow Loom” constitutes 

infringement Choon’s RAINBOW LOOM mark. 

26. Additionally, the packaging of the Goodie Looms kit uses discrete 

colors commonly associated with rainbows (i.e., red, orange, yellow, green, blue, 

indigo, and violet) (see Exhibit 6) as a backdrop for the term “LOOM.” Defendant 

infringes Choon’s RAINBOW LOOM mark for this additional reason. 

 

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COUNT I – DIRECT INFRINGEMENT OF THE ‘565 PATENT

27. Choon’s incorporates and re-alleges Paragraphs 1 through 26 as each 

were fully set forth herein. 

28. The ‘565 patent remains valid, enforceable and unexpired. 

29. Upon information and belief, Defendant is directly infringing and has 

directly infringed the ‘565 patent, including, without limitation, by making, using, 

selling, offering for sale, and/or importing, without license or authority, the Goodie 

Looms kit, which is covered by the ‘565 patent. 

30. The Goodie Looms kit falls within the scope of one or more claims of 

the ‘565 patent. Upon information and belief, Defendant directly infringes claims 

1-18 of the ‘565 patent. 

31. Upon information and belief, Defendant has actual knowledge of the 

‘565 patent and knowledge of its infringement of the ‘565 patent. Defendant’s 

knowledge of the ‘565 patent is based on its copying of Choon’s Rainbow Loom, 

which is marked with the ‘565 patent. Additionally, Defendant has knowledge of 

the ‘565 patent as of the filing of this lawsuit. 

32. Upon information and belief, Defendant’s infringement has been and 

continues to be willful and deliberate. 

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33. As a result of Defendant’s infringement, Choon’s will suffer severe 

and irreparable harm, unless that infringement is enjoined by this Court, and has 

suffered substantial damages. 

COUNT II – CONTRIBUTORY INFRINGEMENT OF THE ‘565 PATENT 

34. Choon’s incorporates and re-alleges Paragraphs 1 through 33 as each 

were fully set forth herein. 

35. The Goodie Looms kit and the use of the Goodie Looms kit fall 

within the scope of the claims of the ‘565 patent. 

36. Upon information and belief, with knowledge of the ‘565 patent, 

Defendant has contributed to and continues to contribute to the infringement of the 

‘565 patent under 35 U.S.C. § 271(c) by selling, offering to sell and/or importing 

the Goodie Looms kit for use by its customers. Defendant’s customers directly 

infringe the ‘565 patent by using the Goodie Looms kit to create linked items from 

elastic bands. 

37. Upon information and belief, the Goodie Looms kit is marketed and 

sold to customers who use it to create linked items for elastic bands. By following 

the instructions provided by Defendant, customers who use the Goodie Looms kit 

directly infringe the ‘565 patent. 

38. Upon information and belief, Defendant’s Goodie Looms kit has no 

substantial non-infringing use for at least the reason that the Goodie Looms kit can 

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only be used to directly infringe the ‘565 patent. In other words, when Defendant’s 

instructions are followed, the Goodie Looms kit is only used in an infringing 

manner, and is only advertised by Defendant for such an infringing use. 

Defendant’s website includes several instructional videos. Defendant also has a 

YouTube account including several instructional videos 

(youtube.com/goodielooms). Screenshots of the “Instructions” section of 

Defendant’s website are attached at Exhibit 10. 

39. Upon information and belief, the accused Goodie Looms kit also 

constitutes a material part of the invention of the ‘565 patent for at least the reason 

it is the very product used to practice the invention of the ‘565 patent. 

40. Upon information and belief, Defendant knows that the accused 

Goodie Looms kit is especially made or especially adapted for use in an 

infringement of the ‘565 patent for at least the reason that the Goodie Looms kit is 

advertised, sold, and/or offered for sale only to create linked items from elastic 

bands in a manner covered by the ‘565 patent. 

41. Upon information and belief, Defendant has actual and/or constructive 

knowledge of the ‘565 patent and that Defendant’s customers’ use of the accused 

Goodie Looms kit directly infringes the claims of the ‘565 patent. 

42. Upon information and belief, Defendant has actual knowledge of the 

‘565 patent. Defendant’s knowledge of the ‘565 patent is based on its copying of 

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Choon’s Rainbow Loom, which is marked with the ‘565 patent. Additionally, 

Defendant has knowledge of the ‘565 patent as of the filing of this lawsuit. At a 

minimum, Defendant was willfully blind as to the existence of the ‘565 patent, and 

therefore willfully blinded itself as to its customers’ direct infringement of the ‘565 

patent resulting from their use of the Goodie Looms kit. 

43. As a result of Defendant’s contributory infringement, Choon’s will 

suffer severe and irreparable harm, unless the infringement is enjoined by this 

Court, and has suffered substantial damages. 

COUNT III – INDUCED INFRINGEMENT OF THE ‘565 PATENT

44. Choon’s incorporates and re-alleges Paragraphs 1 through 43 as each 

were fully set forth herein. 

45. Upon information and belief, with knowledge of the ‘565 patent, 

Defendant has induced to and continues to induce to the infringement of the ‘565 

patent under 35 U.S.C. § 271(b) by selling, offering to sell and/or importing the 

Goodie Looms kit for use by its customers. Defendant’s customers directly 

infringe by using the Goodie Looms kit to create linked items. 

46. Defendant specifically intended its customers to infringe the claims of 

the ‘565 patent and knew that its customers’ acts constituted infringement. Upon 

information and belief, despite a high likelihood that its actions would induce its 

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customers’ direct infringement of the ‘565 patent, Defendant marketed and sold the 

Goodie Looms kit to its customers to practice the claimed invention. Defendant’s 

customers directly infringe the ‘565 patent by creating linked articles from elastic 

bands by following the instructions provided on Defendant’s website (Exhibit 10). 

47. Upon information and belief, Defendant knew that its customers’ 

actions, when performed, would directly infringe the ‘565 patent. 

48. Upon information and belief, Defendant has not made any changes to 

the Goodie Looms kit despite its knowledge of the ‘565 patent. 

49. Upon information and belief, Defendant has not made any changes to 

any of its publically available instructional materials, despite its knowledge of the 

‘565 patent. 

50. Upon information and belief, despite having actual knowledge of the 

‘565 patent, Defendant continues to actively induce infringement of the ‘565 patent 

by continuing to promote the infringing Goodie Looms kit. Defendant intended its 

customers to directly infringe the ‘565 patent, or at the very least, were willfully 

blind to the fact that Defendant’s customers’ use of the infringing Goodie Looms 

kit would directly infringe the ‘565 patent. 

51. Upon information and belief, Defendant has actual knowledge of the 

‘565 patent. Defendant’s knowledge of the ‘565 patent is based on its copying of 

Choon’s Rainbow Loom, which is marked with the ‘565 patent. Additionally, 

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Defendant has knowledge of the ‘565 patent as of the filing of this lawsuit. At a 

minimum, Defendant was willfully blind as to the existence of the ‘565 patent, and 

therefore willfully blinded itself as to its customers’ direct infringement of the ‘565 

patent resulting from their use of the Goodie Looms kit. 

52. As a result of Defendant’s inducement of infringement, Choon’s will 

suffer severe and irreparable harm, unless that infringement is enjoined by this 

Court, and has suffered substantial damages. 

COUNT IV – DIRECT INFRINGEMENT OF THE ‘420 PATENT

53. Choon’s incorporates and re-alleges Paragraphs 1 through 52 as each 

were fully set forth herein. 

54. The ‘420 patent remains valid, enforceable and unexpired. 

55. Upon information and belief, Defendant is directly infringing and has 

directly infringed the ‘420 patent, including, without limitation, by making, using, 

selling, offering for sale, and/or importing, without license or authority, the Goodie 

Looms kit, which is covered by the ‘420 patent. 

56. The Goodie Looms kit falls within the scope of one or more claims of 

the ‘420 patent. Upon information and belief, Defendant directly infringes claims 

1-16 of the ‘420 patent. 

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57. Upon information and belief, Defendant has actual knowledge of the 

‘420 patent and knowledge of its infringement of the ‘420 patent. Defendant’s 

knowledge of the ‘420 patent is based on its copying of Choon’s Rainbow Loom, 

which is marked with the ‘565 patent. The ‘420 patent is a continuation of the ‘565 

patent. Additionally, Defendant has knowledge of the ‘420 patent as of the filing of 

this lawsuit. 

58. Upon information and belief, Defendant’s infringement has been and 

continues to be willful and deliberate. 

59. As a result of Defendant’s infringement, Choon’s will suffer severe 

and irreparable harm, unless that infringement is enjoined by this Court, and has 

suffered substantial damages. 

COUNT V – CONTRIBUTORY INFRINGEMENT OF THE ‘420 PATENT 

60. Choon’s incorporates and re-alleges Paragraphs 1 through 59 as each 

were fully set forth herein. 

61. The Goodie Looms kit and the use of the Goodie Looms kit fall 

within the scope of claims 1-16 of the ‘420 patent.

62. Upon information and belief, with knowledge of the ‘420 patent, 

Defendant has contributed to and continues to contribute to the infringement of the 

‘420 patent under 35 U.S.C. § 271(c) by selling, offering to sell and/or importing 

the Goodie Looms kit for use by its customers. Defendant’s customers directly 

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infringe the ‘420 patent by using the Goodie Looms kit to create linked items from 

elastic bands. 

63. Upon information and belief, the Goodie Looms kit is marketed and 

sold to customers who use it to create linked items for elastic bands. By following 

the instructions provided by Defendant, customers who use the Goodie Looms kit 

directly infringe the ‘420 patent. 

64. Upon information and belief, Defendant’s Goodie Looms kit has no 

substantial non-infringing use for at least the reason that the Goodie Looms kit can 

only be used to directly infringe the ‘420 patent. In other words, when Defendant’s 

instructions are followed, the Goodie Looms kit is only used in an infringing 

manner, and is only advertised by Defendant for such an infringing use. See the 

instructions in Exhibit 10. 

65. Upon information and belief, the accused Goodie Looms kit also 

constitutes a material part of the invention of the ‘420 patent for at least the reason 

it is the very product used to practice the invention of the ‘420 patent. 

66. Upon information and belief, Defendant knew that the accused 

Goodie Looms kit is especially made or especially adapted for use in an 

infringement of the ‘420 patent for at least the reason that the Goodie Looms kit is 

advertised, sold, and/or offered for sale only to create linked items from elastic 

bands in a manner covered by the ‘420 patent. 

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67. Upon information and belief, Defendant has actual and/or constructive 

knowledge of the ‘420 patent and that Defendant’s customers’ use of the accused 

Goodie Looms kit directly infringes the claims of the ‘420 patent. Defendant’s 

knowledge of the ‘420 patent is based on its copying of Choon’s Rainbow Loom, 

which is marked with the ‘565 patent. The ‘420 patent is a continuation of the ‘565 

patent. Additionally, Defendant has knowledge of the ‘420 patent as of the filing of 

this lawsuit. At a minimum, Defendant was willfully blind as to the existence of 

the ‘420 patent, and therefore willfully blinded itself as to its customers’ direct 

infringement of the ‘420 patent resulting from their use of the Goodie Looms kit. 

68. As a result of Defendant’s contributory infringement, Choon’s will 

suffer severe and irreparable harm, unless the infringement is enjoined by this 

Court, and has suffered substantial damages. 

COUNT VI – INDUCED INFRINGEMENT OF THE ‘420 PATENT 

69. Choon’s incorporates and re-alleges Paragraphs 1 through 68 as each 

were fully set forth herein. 

70. Upon information and belief, with knowledge of the ‘420 patent, 

Defendant has induced to and continues to induce to the infringement of the ‘420 

patent under 35 U.S.C. § 271(b) by selling, offering to sell and/or importing the 

Goodie Looms kit for use by its customers. Defendant’s customers directly 

infringe by using the Goodie Looms kit to create linked items. 

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71. Defendant specifically intended its customers to infringe the claims of 

the ‘420 patent and knew that its customers’ acts constituted infringement. Upon 

information and belief, despite a high likelihood that its actions would induce its 

customers’ direct infringement of the ‘420 patent, Defendant marketed and sold the 

Goodie Looms kit to its customers to practice the claimed invention. Defendant’s 

customers directly infringe the ‘420 patent by creating linked articles from elastic 

bands by following the instructions provided on Defendant’s website (Exhibit 10). 

72. Upon information and belief, Defendant knew that its customers’ 

actions, when performed, would directly infringe the ‘420 patent. 

73. Upon information and belief, Defendant has not made any changes to 

the Goodie Looms kit despite its knowledge of the ‘420 patent. 

74. Upon information and belief, Defendant has not made any changes to 

any of its publically available instructional materials, despite its knowledge of the 

‘420 patent. 

75. Upon information and belief, despite having actual knowledge of the 

‘420 patent, Defendant continues to actively induce infringement of the ‘420 patent 

by continuing to promote the infringing Goodie Looms kit. Defendant intended its 

customers to directly infringe the ‘420 patent, or at the very least, were willfully 

blind to the fact that Defendant’s customers’ use of the infringing Goodie Looms 

kit would directly infringe the ‘420 patent. 

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76. Upon information and belief, Defendant has actual knowledge of the 

‘420 patent. Defendant’s knowledge of the ‘420 patent is based on its copying of 

Choon’s Rainbow Loom, which is marked with the ‘565 patent. The ‘420 patent is 

a continuation of the ‘565 patent. Additionally, Defendant has knowledge of the 

‘420 patent as of the filing of this lawsuit. At a minimum, Defendant was willfully 

blind as to the existence of the ‘420 patent, and therefore willfully blinded itself as 

to its customers’ direct infringement of the ‘420 patent resulting from their use of 

the Goodie Looms kit. 

77. As a result of Defendant’s inducement of infringement, Choon’s will 

suffer severe and irreparable harm, unless that infringement is enjoined by this 

Court, and has suffered substantial damages. 

COUNT VII – TRADEMARK INFRINGEMENT 

IN VIOLATION OF THE LANHAM ACT, 15 U.S.C. § 1114 

78. Choon’s incorporates and re-alleges Paragraphs 1 through 77 as each 

were fully set forth herein. 

79. Defendant has, without Choon’s consent, used in commerce a 

colorable imitation of the RAINBOW LOOM mark in connection with the sale, 

offering for sale, distribution, and/or advertising of goods or services likely to 

cause confusion, or to cause a mistake, or to deceive in violation of Section 

32(1)(a) of the Lanham Act, 15 U.S.C. § 1114. 

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80. Choon’s federal registration on the Principal Register for the mark 

RAINBOW LOOM is conclusive evidence of Choon’s exclusive right to use this 

mark, pursuant to the Lanham Act, 15 U.S.C. § 1115. 

81. The infringing acts committed by Defendant were committed with 

knowledge that such imitation was intended to be used to cause confusion, or to 

cause mistake or to deceive, and has caused, and, unless enjoined, will continue to 

cause damage to Choon’s. 

82. As a proximate result of Defendant’s actions, Choon’s has suffered 

and will continue to suffer great damage to its business, goodwill, reputation, 

profits and the strength of its trademarks. The injury is and continues to be ongoing 

and irreparable. An award of monetary damages alone cannot fully compensate 

Choon’s for its injuries and Choon’s lacks an adequate remedy at law. 

83. Upon information and belief, the foregoing acts of infringement have 

been and continue to be deliberate, willful and wanton, making this an exceptional 

case within the meaning of 15 U.S.C. § 1117. 

84. Choon’s is entitled to a permanent injunction against Defendant, as 

well as all other remedies available under the Lanham Act, including, but not 

limited to, compensatory damages; treble damages; disgorgement of profits; and 

costs and attorney’s fees. 

 

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COUNT VIII – TRADEMARK INFRINGEMENT 

IN VIOLATION OF THE LANHAM ACT, 15 U.S.C. § 1125(a)

85. Choon’s incorporates and re-alleges Paragraphs 1 through 84 as each 

were fully set forth herein. 

86. Choon’s RAINBOW LOOM mark is “famous” within the meaning of 

Section 43(c)(1) of the Lanham Act, 15 U.S.C. § 1125(c) (the “Anti-Dilution 

Act”). 

87. Choon’s is the owner of the RAINBOW LOOM mark. 

88. Choon’s has no control over the quality of the Defendant’s web site, 

advertising, other promotional materials, or products. 

89. After Choon’s RAINBOW LOOM mark became famous, Defendant 

commenced use of a mark in commerce that is likely to cause dilution by impairing 

the distinctiveness of the RAINBOW LOOM mark, lessening the capacity of the 

mark to identify and distinguish the products offered by Choon’s, and by creating 

an association arising from the similarity between Defendant’s mark and Choon’s 

RAINBOW LOOM mark that harms the reputation of Choon’s famous mark. 

90. Defendant’s unauthorized use of Choon’s famous RAINBOW LOOM 

mark will tend to, and does, dilute the distinctive quality of said mark and will 

diminish and destroy the public association of said mark with Choon’s in violation 

of 15 U.S.C. § 1125(c). 

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91. Upon information and belief, Defendant willfully intended to trade on 

the recognition of Choon’s mark and caused dilution of Choon’s famous mark. 

92. By reason of the acts of Defendant alleged herein, Choon’s has 

suffered, is suffering, and will continue to suffer irreparable damage and, unless 

Defendant is restrained from continuing its wrongful acts, the damage will be 

increased. 

93. Choon’s has no adequate remedy at law. 

PRAYER FOR RELIEF 

Choon’s respectfully requests that this Court enter judgment in its favor and 

against Defendant on all counts of this Complaint. Choon’s specifically requests 

that this Court: 

A. Enter an order adjudging that Defendant has infringed the ‘565 patent, 

and the ‘420 patent; 

B. Enter an order adjudging Defendant to have willfully infringed the 

‘565 patent and the ‘420 patent; 

C. Grant permanent injunction enjoining Defendant and its officers, 

directors, agents, servants, employees and those persons in active concert or 

participation with Defendant from directly or indirectly infringing the ‘565 patent 

and the ‘420 patent in violation of 35 U.S.C. § 271; 

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D. Award damages adequate to compensate Choon’s for Defendant’s 

infringement of the ‘565 patent and the ‘420 patent; 

E. Award damages adequate to compensate Choon’s for infringement 

including those damages provided for in 35 U.S.C. § 154(d). 

F. Enter an order for a trebling of damages and/or exemplary damages 

because of Defendant’s willful infringement pursuant to 35 U.S.C. § 284; 

G. Enter an order adjudging that this is an exceptional case; 

H. Award Choon’s of its attorney fees and its costs and expenses 

incurred in connection with this action pursuant to 35 U.S.C. § 285 and as 

permitted under Choon’s other claims; 

I. A permanent injunction enjoining Defendant, its employees, agents, 

officers, directors, attorneys, representatives, successors, affiliates, parents, 

subsidiaries, licensees, and assigns, and all those in active concert or participation 

with any of them, from the following acts: 

a. using, attempting to use, or registering, on or in connection with 

any business or service, or the sale, offering for sale, distribution, 

advertising, promotion, labeling or packaging, of any service or 

any goods, or for any purpose whatsoever: (1) the RAINBOW 

LOOM mark, or any other name, mark or designation which 

colorably imitates or is confusingly similar to said name or mark, 

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alone or in combination with any other mark(s), designation(s), 

word(s), term(s) and or design(s); and (2) any false description or 

representation or any other thing calculated or likely to cause 

confusion or mistake in the public mind or to deceive the public 

into the belief that Defendant or its products or services are 

connected to Choon’s or that Defendant’s products and services 

come from or are approved or endorsed by Choon’s; and 

b. otherwise engaging in acts, either directly or through other entities, 

of infringement and unfair competition; 

J. A declaration that Defendant’s acts of trademark infringement and 

unfair competition are knowing, willful and “exceptional” within the meaning of 

15 U.S.C. § 1117; 

K. Enter judgment that Defendant has injured Choon’s business 

reputation and diluted the distinctive quality of Choon’s famous mark in violation 

of 15 U.S.C. § 1125(c)(1); 

L. Enter judgment that Defendant has injured Choon’s business 

reputation and diluted the distinctive quality of Choon’s famous mark in violation 

of 15 U.S.C. § 1125(c)(1); 

M. Award damages to Choon’s as provided under 15 U.S.C. § 1117, 

including the Defendant’s profits, the damages sustained by Choon’s, and 

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reasonable attorney fees to Choon’s as prevailing party, and/or if the court finds 

that the amount of recovery based on profits is either inadequate or excessive, to 

award a sum the court finds to be just, according to the circumstances of this case 

and the costs of this action. 

N. Enter an order requiring Defendant to file with the Court and serve 

upon Plaintiff, within thirty (30) days after the entry of such order or judgment, a 

report in writing and under oath setting forth in detail the manner and form in 

which it has complied with the injunction; 

O. Enter an order awarding to Choon’s actual damages and an accounting 

of Defendant’s profits, including any statutory enhancements on account of the 

willful nature of Defendant’s acts; 

P. Award prejudgment and post-judgment interest and costs of this 

action; and 

Q. Award Choon’s any other appropriate legal or equitable relief this 

Court deems just and proper. 

 

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JURY DEMAND 

Pursuant to Fed R. Civ. P. 38(b) and 5(d), Plaintiff demands a trial by jury 

for all issues so triable. 

Dated: May 5, 2014 CARLSON, GASKEY & OLDS, P.C.

/s/ Timothy J. Murphy 

Theodore W. Olds, III (P42004) 

John M. Siragusa (P62573) 

Brian S. Tobin (P67621) 

Timothy J. Murphy (P77041) 

Carlson Gaskey & Olds, P.C. 

400 W. Maple, Suite 350 

Birmingham, Michigan 48009 

Telephone: (248) 988-8360 

Facsimile: (248) 988-8363 

Email: tmurphy@cgolaw.com 

Attorneys for Plaintiff Choon’s Design Inc.

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