IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

CHOON’S DESIGN INC., 

a Michigan corporation, 

 

 Plaintiff 

 Case No.: 

v. 

 

IDEAVILLAGE PRODUCTS CORP., 

a New Jersey corporation 

 

 Defendant 

 

 

COMPLAINT & JURY DEMAND 

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

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

Defendant IdeaVillage Products Corp. (“IdeaVillage” or “Defendant”) states as 

follows. Choon’s also wishes to note that it currently has four1

 other pending 

lawsuits before this Court. 

PARTIES 

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

business at 48813 West Road, Wixom, MI 48393. 

 

1

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

No. 14-10848-VAR-DRG; 3) Case No. 14-13242-LVP-MKM; 4) Case No. 14-

13666-TGB-MJH. 

2:15-cv-10201-LPZ-RSW Doc # 1 Filed 01/20/15 Pg 1 of 12 Pg ID 1
2 

2. IdeaVillage is a New Jersey corporation with its principal place of 

business at 155 Route 46 West, Wayne, NJ 07470. 

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 (patents). 

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

particular, this Court has personal jurisdiction over IdeaVillage 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 

IdeaVillage in this case because it has committed acts giving rise to Choon’s 

claims within and directed to this judicial district. For instance, IdeaVillage has 

sold and shipped products to customers located in this judicial district. 

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

and 28 U.S.C. §1400(b). 

BACKGROUND 

6. In late 2011, Choon’s introduced its Rainbow Loom product – a loom 

designed to be used with rubber bands to form links for making bracelets, 

necklaces, and even bags and other items – to the market (“the Rainbow Loom”). 

2:15-cv-10201-LPZ-RSW Doc # 1 Filed 01/20/15 Pg 2 of 12 Pg ID 2
3 

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 

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 

2:15-cv-10201-LPZ-RSW Doc # 1 Filed 01/20/15 Pg 3 of 12 Pg ID 3
4 

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 

seven 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 their own loom kit, the “Fun Loom” (shown 

in Exhibit 4), which comes with a loom, rubber bands, and clips, among other 

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

such patent is U.S. Patent No. 8,936,283, entitled “Brunnian Link Making Device 

and Kit,” which the United States Patent and Trademark Office duly and lawfully 

issued on January 20, 2015. A true and correct copy of the ‘283 patent is attached 

hereto as Exhibit 5. 

15. The ‘283 patent names Cheong Choon Ng as inventor. 

2:15-cv-10201-LPZ-RSW Doc # 1 Filed 01/20/15 Pg 4 of 12 Pg ID 4
5 

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

the ‘283 patent. 

17. The ‘283 patent generally relates to, inter alia, a novel method and 

device for creating a linked item. 

18. Defendant’s Fun Loom infringes one or more of the claims of 

Choon’s ‘283 patent. 

COUNT I – DIRECT INFRINGEMENT OF THE ‘283 PATENT

19. Choon’s incorporates and re-alleges Paragraphs 1 through 18 as each 

were fully set forth herein. 

20. The ‘283 patent remains valid, enforceable and unexpired. 

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

directly infringed the ‘283 patent, including, without limitation, by making, using, 

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

Loom which is covered by the ‘283 patent. 

22. The Fun Loom falls within the scope of the claims of the ‘283 patent, 

including at least claims 4-17 and 19-20. Upon information and belief, Defendant 

directly infringes the claims of the ‘283 patent, including at least claims 4-17 and 

19-20. 

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

‘283 patent and knowledge of their infringement of the ‘283 patent. 

2:15-cv-10201-LPZ-RSW Doc # 1 Filed 01/20/15 Pg 5 of 12 Pg ID 5
6 

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

continues to be willful and deliberate. 

25. 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 

‘283 PATENT 

26. Choon’s incorporates and re-alleges Paragraphs 1 through 25 as each 

were fully set forth herein. 

27. The Fun Loom and the use of the Fun Loom fall within the scope of 

claims 1-20 of the ‘283 patent. 

28. Upon information and belief, with knowledge of the ‘283 patent, 

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

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

the Fun Loom for use by their customers. Defendant’s customers directly infringe 

the ‘283 patent by using the Fun Loom to create linked items from elastic bands. 

29. Upon information and belief, the Fun Loom 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 Fun Loom directly 

infringe the ‘283 patent. 

2:15-cv-10201-LPZ-RSW Doc # 1 Filed 01/20/15 Pg 6 of 12 Pg ID 6
7 

30. Upon information and belief, Defendant’s Fun Loom has no 

substantial non-infringing use for at least the reason that the Fun Loom can only be 

used to directly infringe the ‘283 patent. In other words, when Defendant’s 

instructions are followed, the Fun Loom is only used in an infringing manner, and 

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

which are included in the Fun Loom, attached as Exhibit 6. 

31. Upon information and belief, the Fun Loom also constitutes a material 

part of the invention of the ‘283 patent for at least the reason it is the very product 

used to practice the invention of the ‘283 patent. 

32. Upon information and belief, Defendant knows that the Fun Loom is 

especially made or especially adapted for use in an infringement of the ‘283 patent 

for at least the reason that the Fun Loom is advertised, sold, and/or offered for sale 

only to create linked items from elastic bands in a manner covered by the ‘283 

patent. 

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

knowledge of the ‘283 patent and that Defendant’s customers’ use of the Fun 

Loom directly infringes the claims of the ‘283 patent, and in particular the use of 

the Fun Loom directly infringes at least method claims 1-3 and 18 of the ‘283 

patent. 

2:15-cv-10201-LPZ-RSW Doc # 1 Filed 01/20/15 Pg 7 of 12 Pg ID 7
8 

34. Upon information and belief, at the very least, Defendant was 

willfully blind as to the existence of the ‘283 patent, and therefore willfully blinded 

itself to its customers’ direct infringement of the ‘283 patent resulting from their 

use of the Fun Loom. 

35. 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 ‘283 PATENT

36. Choon’s incorporates and re-alleges Paragraphs 1 through 35 as each 

were fully set forth herein. 

37. Upon information and belief, with knowledge of the ‘283 patent, 

Defendant has induced to and continues to induce to the infringement of the ‘283 

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

Fun Loom for use by its customers. Defendant’s customers directly infringe by 

using the Fun Loom to create linked items. 

38. Defendant specifically intended its customers to infringe the method 

claims (e.g., claims 1-3 and 18) of the ‘283 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 

‘283 patent, Defendant marketed and sold the Fun Loom to its customers to 

2:15-cv-10201-LPZ-RSW Doc # 1 Filed 01/20/15 Pg 8 of 12 Pg ID 8
9 

practice the claimed invention. Defendant’s customers directly infringe the ‘283 

patent by creating linked articles from elastic bands by following the instructions 

provided within the Fun Loom (Exhibit 6). 

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

actions, when performed, would directly infringe the ‘283 patent. 

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

the Fun Loom despite its knowledge of the ‘283 patent. 

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

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

‘283 patent. 

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

‘283 patent, Defendant continues to actively induce infringement of the ‘283 patent 

by continuing to promote the infringing Fun Loom. Defendant intended its 

customers to directly infringe the ‘283 patent, or at the very least, were willfully 

blind to the fact that its customers’ use of the infringing Fun Loom would directly 

infringe the ‘283 patent. 

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

‘283 patent. 

2:15-cv-10201-LPZ-RSW Doc # 1 Filed 01/20/15 Pg 9 of 12 Pg ID 9
10 

44. 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. 

PRAYER FOR RELIEF 

 WHEREFORE, Choon’s requests judgment in its favor against Defendant 

for the following relief: 

A. An order adjudging that Defendant has infringed the ‘283 patent; 

B. An order adjudging that Defendant has willfully infringed the ‘283 

patent; 

C. A preliminary and permanent injunction enjoining Defendant, its 

officers, directors, agents, servants, employees, and those persons in 

active concert or participation with Defendant, from directly or 

indirectly infringing the ‘283 patent in violation of 35 U.S.C. § 271; 

D. An award of damages adequate to compensate Choon’s for 

Defendant’s infringement of the ‘283 patent; 

E. An award of damages adequate to compensate Choon’s for 

infringement including those damages provided for in 35 U.S.C. § 

154(d). 

2:15-cv-10201-LPZ-RSW Doc # 1 Filed 01/20/15 Pg 10 of 12 Pg ID 10
11 

F. 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. An order adjudging that this is an exceptional case; 

H. An award to 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. 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; 

J. 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; 

K. An award of prejudgment and post-judgment interest and costs of this 

action; and 

L. Such other and further relief that this Court deems just and proper.

JURY DEMAND 

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

for all issues so triable. 

2:15-cv-10201-LPZ-RSW Doc # 1 Filed 01/20/15 Pg 11 of 12 Pg ID 11
12 

Dated: January 20, 2015 CARLSON, GASKEY & OLDS, P.C. 

/s/ Brian S. Tobin 

Theodore W. Olds, III (P42004) 

John M. Siragusa (P62573) 

Brian S. Tobin (P67621) 

Carlson Gaskey & Olds, P.C. 

400 W. Maple, Suite 350 

Birmingham, Michigan 48009 

Telephone: (248) 988-8360 

Facsimile: (248) 988-8363 

Email: tolds@cgolaw.com

jsiragusa@cgolaw.com

btobin@cgolaw.com

2:15-cv-10201-LPZ-RSW Doc # 1 Filed 01/20/15 Pg 12 of 12 Pg ID 12