conair v. barbar - complaint

8/12/2019 Conair v. Barbar - Complaint

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IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION

CONAIR CORPORATION and

BABYLISS FACO SPRL,

Plaintiffs,

v.

BARBAR, INC. and DOMINIC BARBAR,

Defendants.

CASE No. 6:14-CV-831-ORL-31-TBS

COMPLAINT FOR PATENT INFRINGEMENT

AND UNFAIR COMPETITION

(INJUNCTIVE RELIEF DEMANDED)DEMAND FOR JURY TRIAL

Plaintiffs Conair Corporation (Conair) and Babyliss FACO SPRL (Babyliss)

complain of defendants BARBAR, Inc. (BARBAR) and Dominic Barbar (Mr.

Barbar)as follows:

JURISDICTION AND VENUE

1. Jurisdiction exists under 28 U.S.C. 1331 and 1338(a) because this is anaction for infringement of Conair and Babyliss patent rights and for violation of Section

43(a) of the Lanham Trademark Act, 15 U.S.C. 1125(a). This Court has supplemental

jurisdiction of Plaintiffs claim under Florida law pursuant to 28 U.S.C. 1367(a).

2. Defendants are subject to personal jurisdiction in Florida and in thisjudicial district and division because they have transacted business here by selling,

offering to sell or distributing hair care products (the BARBAR 2008 Auto Curling Iron

and/or the BARBAR 2008 Digital Auto Curling Iron) that violate Conairs and Babylisss

intellectual property rights, and regularly attending trade fairs in Orlando, Florida. As

discussed below, this includes BARBARs upcoming attendance at Booth 2451 of the

Premiere Orlando International Beauty Event scheduled for May 31-June 2, 2014.

Case 6:14-cv-00831-GAP-TBS Document 1 Filed 05/30/14 Page 1 of 11 PageID 1


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3. Venue is proper under the general federal venue statute, 28 U.S.C. 1391(d), and under the specific venue provision relating to patent-infringement cases, 28

U.S.C. 1400(b).

PARTIES

4. Conair is a Delaware corporation headquartered in East Windsor, NewJersey, with sales and marketing offices in Stamford, Connecticut. Conair is the exclusive

licensee and owns all substantial rights in and has standing (without joining the nominal

legal title owner) to sue for infringement of United States Patent No. 8,607,804, entitled

Hair Styling Aid(the 804 patent) and 8,651,118, entitled Hair Styling Device(the

118 patent). Conair holds the exclusive license, including the exclusive right to

manufacture, market and enforce, from TF3 Limited (Birmingham, England). Conair has

complied with all terms of its exclusive license, and that exclusive license is currently in

force.

5. Babyliss is a subsidiary of Conair, and is organized under the laws ofBelgium. It is headquartered and has offices at 25 avenue lindependence 4020, Wandre

(Liege), Belgium. Babyliss is the owner and has standing to sue for infringement of

United States Design Patent D696,456, entitled, Hair Styling Apparatus (the 456

patent).

6. BARBAR is a California corporation with U.S. offices at 9663 SantaMonica Blvd., Suite 600, Beverly Hills, California. BARBAR has previously and is

presently making, using, selling, offering for sale, and/or importing into the U.S. hair

styling devices that infringe one or more claims of the 804, 118 and 456 patents (the

patents-in-suit). BARBAR has infringed the patents-in-suit either directly or through

acts of contributory infringement or inducement in violation of 35 U.S.C. 271.

7. Mr. Barbar is, on information and belief, a resident of California and themanager, chief executive officer, and owner of BARBAR. Mr. Barbar has previously and

is presently making, using, selling, offering for sale, and/or importing into the U.S. hair

styling devices that infringe one or more claims of the 804, 118 and 456 patents (the



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patents-in-suit), including the BARBAR 2008 Auto Curling Iron and/or the BARBAR

2008 Digital Auto Curling Iron. Mr. Barbar has infringed the patents-in-suit either

directly or through acts of contributory infringement or inducement in violation of 35

U.S.C. 271.

BACKGROUND

8. Conair acquired the exclusive license to the 804 and 118 patents on June7, 2011, and has worked diligently to commercialize the inventions claimed within them.

The 804 and 118 patents, through the inventions embodied in their claims, permit one -

step hair styling and curling, thus saving consumers substantial time and effort. As part of

Conairs commercialization efforts, Conair designer Pierre L. Julemont (working at

Conairs Belgian Babyliss subsidiary) perfected a sleek, novel and consumer-friendly

ornamental design to enclose embodiments of the 804 and 118 patents. That ornamental

design is embodied in the 456 patent.

9. As a result of Conairs commercialization efforts, Conair and itssubsidiaries have experienced dramatic commercial success worldwide with its

embodiments of those patents the Miracurl (promoted under the Babyliss brand) and

Figure 1 of the '456 Patent



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the Curl Secret (promoted under the Conair brand). That success has attracted a number

of knock-off efforts and attempts to free ride on Conairs success. Defendants are now

among them.

10. BARBAR sells hair styling devices, including on its websitesbarbarartist.com, globalsalon.com and dominicbarbar.com. Mr. Barbar, as the chief

officer of BARBAR, controls, directs, encourages and induces BARBAR to sell such

devices, including the BARBAR 2008 Auto Curling Iron and/or the BARBAR 2008

Digital Auto Curling Iron (the accused devices). BARBAR and Mr. Barbar intend to

sell and/or offer for sale the accused devices at the upcoming May 31 to June 2, 2014

Premiere Orlando International Beauty Event, at Booth 2451. To an ordinary observer,

those accused devices appear substantially and confusingly similar to Conairs

commercial patented products, and to Conairs patented design:

11. Conair owns distinctive, aesthetic, non-functional trade dress in its InfinityPro by Conair Curl Secret (Curl Secret) hair curling product. Conair has used this

Defendants Accused Product



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trade dress consistently in its marketing, including on its websites located on the internet

at www.curlsecret.com, www.miracurlpro.com and Error! Hyperlink reference not

valid.

12. The trade dress of the Curl Secret is recognizable by its color which is avery deep, dark purple, almost black in appearance. The trade dress is also recognizable

by the positioning of the controls for the Curl Secret which are located on the left side of

the products lower appendage facing left when held in a stylists right hand during

normal use. The trade dress is also recognizable in the unique shape of the Curl Secret,

including its round bulbous clam-shell head and its sleek handle, as well as its swiveling

truncated-cone power cord attachment where the cord trails away from the unit at a

greater-than-90 degree angle, and has flexible ribs at the nearest part to the attachment.

The trade dress for Miracurl is nearly identical, with three buttons instead of two, and

aqua/teal coloring instead of deep purple.

13. The Curl Secret and Miracurl trade dress symbolize the quality of theConair products, and have become distinctive to Conair through widespread use and

advertising, which has exposed the Conair Curl Secret and Miracurl to many people,

especially in the hair care industry. Conair has used the Curl Secret and Miracurl trade

dress in a consistent and continuous fashion in commerce though its website, in print

marketing material, and on the websites and marketing material of its authorized dealers

throughout the United States.

14. The Curl Secret and Miracurl trade dress is aesthetic and non-functional,and through consistent and continuous use it has come to identify the Conair Curl Secret

and Miracurl products, and the public recognizes the trade dress and associates it with

Conair and its Curl Secret and Miracurl products. The trade dress has become an asset of

substantial value and is strongly associated with a single product line and source, namely

the Conair Curl Secret and Miracurl products.

15. As can be seen in the photographs below, Defendants have copied andused the Curl Secret and Miracurl trade dress in connection with their advertising and

http://www.curlsecret.com/http://www.curlsecret.com/http://www.miracurlpro.com/http://www.miracurlpro.com/http://www.miracurlpro.com/http://www.curlsecret.com/


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marketing of the confusingly similar accused devices in interstate commerce with the

intention of misleading, deceiving or confusing consumers as to the origin of the accused

products while trading on Conairs reputation and good will.

Two views of Conair's Product

Two views of Defendants InfringingProduct



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16. The infringement by Defendants of the Curl Secret and Miracurl tradedress is likely to cause confusion, deception, and mistake among consumers and potential

consumers of the Conair Curl Secret product.

17. Conair has informed Defendants of its and its subsidiarysrights under thepatents-in-suit, and requested that they immediately cease and desist the infringing

activities. On May 9, 2014, in-house counsel for Conair wrote a letter to Mr. Barbar

naming, among others, the patents-in-suit, identifying the infringement by the accused

products, and demanding that he immediately cease and desist all sales, marketing,

advertising and website listings of the product, and any substantially similar product, and

that you destroy or turn over to us your unsold inventory. On May 28, 2014, Conair

management learned that, rather than cease-and-desist, instead Defendants planned to

display the accused products at the Premiere Orlando International Beauty Event from

May 31 to June 2, 2014, and seek orders that compete directly with Conairs patented

commercial embodiments. Conair will also attend the same show.

18. On information and belief, Defendants intend to sell or offer the accusedproducts for sale for a retail price well below the usual retailprice of Conairs patented

products. Defendants threaten to have their accused products sold at retail for less than

$80 per unit, while Conairs products usually sell at retail for over $140 per unit.

COUNT I

UTILITY PATENT INFRINGEMENT

19. Plaintiffs repeat and reallege the allegations contained in paragraphs 1through18 of this complaint as if fully set forth herein.

20. Defendants have infringed and continue to infringe the 804 and 118patents either directly or indirectly through acts of contributory infringement or

inducement in violation of 35 U.S.C. 271, by making, using, selling, importing and/or

offering to sell infringing products, namely the BARBAR 2008 Auto Curling Iron and/or



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the BARBAR 2008 Digital Auto Curling Iron. Additional infringing models may be

identified through discovery.

21. Defendantsinfringement, contributory infringement and/or inducement toinfringe has injured Conair and it, therefore, is entitled to recover damages adequate to

compensate it for such infringement, but in no event less than a reasonable royalty.

22. Defendantsinfringement, contributory infringement and/or inducement toinfringe has been willful and deliberate because Defendants have notice of or knew of the

804 and 118 patentsand have nonetheless injured and will continue to injure Conair,

unless and until this Court enters an injunction, which prohibits further infringement and

specifically enjoins further manufacture, use, sale, importation and/or offer for sale of

products or services that come within the scope of the 804 and 118 patents.

COUNT II

DESIGN PATENT INFRINGEMENT


24.

Defendants have infringed and continue to infringe the 456 patenteither

directly or indirectly through acts of contributory infringement or inducement in violation

of 35 U.S.C. 271 by making, using, selling, importing and/or offering to sell infringing

products, namely the BARBAR 2008 Auto Curling Iron and/or the BARBAR 2008

Digital Auto Curling Iron. Additional infringing models may be identified through

discovery.

25. Defendantsinfringement, contributory infringement and/or inducement toinfringe has injured Babyliss and it, therefore, is entitled to recover damages adequate to

compensate it for such infringement, but in no event less than a reasonable royalty.

26. Defendantsinfringement, contributory infringement and/or inducement toinfringe has injured and will continue to injure Babyliss, unless and until this Court enters

an injunction, which prohibits further infringement and specifically enjoins further



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manufacture, use, sale, importation and/or offer for sale of products or services that come

within the scope of the 456 patent.

COUNT III

FEDERAL TRADE DRESS INFRINGEMENT/UNFAIR COMPETITION


28. Defendant's activities complained of herein constitute infringement ofConairs trade dress and unfair competition in violation of 15 U.S.C. 1125(a) to the

injury and detriment of Plaintiffs.

29. As a direct and proximate result of Defendants infringement, Conair hassuffered and will continue to suffer loss of income, profits and good will and defendants

will continue to unfairly acquire income, profits, and good will.

COUNT IV

COMMON LAW UNFAIR COMPETITION


31. Defendants activities complained of herein constitute unfair methods ofcompetition in violation of the common law of the State of Florida.

32. As a direct and proximate result of Defendants competition, Conair hassuffered and will continue to suffer loss of income, profits and good will and defendants

will continue to unfairly acquire income, profits, and good will.

JURY DEMAND

Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Conair requests a

trial by jury on all issues presented that can properly be tried to a jury.



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PRAYER FOR RELIEF

WHEREFORE, Conair and Babyliss ask this Court to enter judgment against

Defendants and against their subsidiaries, affiliates, agents, servants, employees and all

persons in active concert or participation with them, granting the following relief:

A. An injunction preliminarily and permanently prohibiting furtherinfringement, inducement and contributory infringement of the patents-in-

suit;

B. An award of damages adequate to compensate Conair and Babyliss for theinfringement that has occurred, together with prejudgment interest from

the date infringement began;

C. All other damages permitted by 35 U.S.C. 284;D. Additional damages as expressly provided for in the case of a design

patent under 35 U.S.C. 289;

E. A finding that this case is exceptional and an award to Conair of itsattorneys fees and costs as providedby 35 U.S.C. 285;

F. An award of costs; andG. Such other and further relief as this Court or a jury may deem proper and

just.

Dated: May 30, 2014 Respectfully submitted,

By: /s/ Joel B. Rothman

Joel B. [email protected]

Florida Bar No. 98220

Schneider Rothman IP Law Group

4651 North Federal HighwayBoca Raton, Florida 33431

voice: 561.404.4350fax: 561.404.4353

Of counsel:

Robert P. [email protected]



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William W. Flachsbart

[email protected]

Flachsbart & Greenspoon, LLC

333 N. Michigan Ave., 27th

Floor

Chicago, IL 60601

Phone: 312-551-9500Fax: 312-551-9501

Attorneys for Plaintiffs,

Conair Corporation and Babyliss FACO

SPRL



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Case 6:14-cv-00831-GAP-TBS Document 1-1 Filed 05/30/14 Page 1 of 2 PageID 12


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The groundbreaking innovations that made infiniti Pro by Conair

Curl Secretthe first-ever appliance to win the WWD Product of

the Year award did not happen by accident. Conair put millions of

dollars worth of time and resources into the patented technology

and proprietary design that let this revolutionary new retail styler,

and its professional counterpart, automatically create a perfect curl.

Conair Corporation is the sole owner of worldwide patents andtrademarks for Curl Secret.These legal entities protect both Conair

and our retail partners from the dangers and liabilities of poor-quality

imitations that may not follow safety guidelines. Conair cares about

the safety of its consumers and has conducted rigorous testing to

ensure the safety and integrity of these products. Poor quality

imitations and counterfeit electrical hair appliances have exhibited

significant defects and can cause serious harm to consumers and/or

damage to their homes or other property if left undetected.

Conair is actively working with local, state, federal and international

law enforcement, as well as U.S. and foreign customs officials, to stop

the sale of counterfeit goods. All legitimate Conair styling appliances

are protected by granted and/or pending patents.

We are proud to partner with reputable companies that are as

dedicated as we are to ensuring the legitimacy, quality and safety

of products that carry our name.

CONAIR CORPORATION ONE CUMMINGS PO INT ROAD STAMFORD CT 06902 203.351.9000

Conair Granted Patents

for Award-Winning Styler

PATENTS granted and/or pending include U.S. Patents 8,607,804, XXXXXXX,

and XXXXXXX. BABYLISS,BABYLISSPRO,MIRACURL,CURL SECRET,CURL

GENIUS,PERFECT CURL,RUSK MIRACURL,and CURLMATICare trademarks

of Conair Corporation. 2014 Conair Corporation. All rights reserved.



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IMPORTANT MESSAGE ABOUT COUNTERFEIT RUSK MIRACURL STYLERS

RUSK MIRACURL STYLER

The RUSK MiraCurl styler was developed by Conair Corporation and utilizes a significant investment of time, effort and money.

This innovative product is based on patented technology and a proprietary design, which allows professional stylists to automatically

create one perfect curl after another -consistently, effortlessly, safely.

WE CARE ABOUT YOUR SAFETY

Conair Corporation has obtained worldwide patents and trademarks* for the MiraCurl styler and is serious about enforcing its rights

against sellers, importers and makers of counterfeit and imitation goods. Conair and RUSK care deeply about the safety of salon

professionals and their clients. We conduct rigorous testing to ensure the safety and integrity of our products. Poor -quality imitations

and counterfeit electrical hair appliances have exhibited significant defects that can cause serious harm to users and/or damage to their

businesses or other property.

Conair is actively working with local, federal and international law enforcement, as well as Australian and foreign customs officials,

to stop the sale and manufacture of counterfeit and imitation goods. The Companys goal is to protect its brands, products and

customers. All legitimate RUSK MiraCurl stylers are protected by granted and/or pending patents as well as registered trademarks.

Please be sure to purchase the RUSK MiraCurl styler from a trusted retailer or distributor to ensure product performance andsatisfaction as well as your safe use.

*PATENTS include Australian Patents 348730 and 351553 and New Zealand Patent 417455. Additional Australia patent rights are pending. Babyliss, BabylissPro, MiraCurl and

RUSK are trademarks of Conair Corporation. 2014 Conair Corporation. All rights reserved.

If you have seen counterfeit goods or have encountered a counterfeit or product of inferior quality that looks suspicious, please

contact us on:

[email protected] Call 1800 126 806 (Australia) or Call 0800 003 618 (New Zealand).

mailto:[email protected]:[email protected]:[email protected]:[email protected]


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HOW TO SPOT A COUNTERFEIT

1. Colour- The professional RUSK MiraCurl styler is only available in the following colours: Black Metallic charcoal finish with purple highlights Pinklimited stock, only sold through Hairhouse Warehouse Bluelimited stock, only sold through Price Attack

2. PlugThe professional RUSK MiraCurl styler sold in Australia and New Zealand s has an Australian SAA plug. Any stylersold in Australia or New Zealand containing a non-Australian SAA plug with a separate adaptor is not a genuine product. Any

product advertised as dual voltage, is not genuine.

3. PackagingDamaged, faded or missing packaging are often signs of counterfeit goods. Also, look for misspelled words, oddmarkings, missing manuals and/or warranty documentation.

4. DistributorThe professional RUSK MiraCurl styler is sold only through reputable RUSK approved wholesalers and salonslisted on our website atwww.rusk.com.au.

5. WebsitesBeware of websites containing domain names using our trademark name, MiraCurl, in combination with wordssuch as cheap, discount, outlet, bargain, buy, 4sale, sold, shop, a country name and any other extraneous wording. These are

all illegal sites that intend to deceive consumers. The official website for the professional RUSK MiraCurl styler iswww.rusk.com.auorwww.rusk.co.nz.

Also beware of eBay stores selling different brands and versions of the MiraCurl.

6. Price If the price looks too good to be true, then it probably is. In Australia, the RUSK MiraCurl is around $199. In NewZealand, the RUSK MiraCurl is around $275.

7. ShippingThe professional RUSK MiraCurl styler is only shipped from within Australia, nowhere else. Items shipped fromAsia, the US and some locations within Australia may also be fake or counterfeit

http://www.rusk.com.au/http://www.rusk.com.au/http://www.rusk.com.au/http://www.rusk.com.au/http://www.rusk.com.au/http://www.rusk.co.nz/http://www.rusk.co.nz/http://www.rusk.co.nz/http://www.rusk.co.nz/http://www.rusk.com.au/http://www.rusk.com.au/


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WHAT TO DO IF YOUVEBOUGHT A COUNTERFEIT OR IMITATION

1. Contact the seller for a complete refund2. Call your credit card company and requesta chargeback to the seller3. Report your purchase to RUSK/Conair Professional.

WHAT WE ARE DOING

Conair and its subsidiaries and affiliates worldwide are actively working with local, federal and international law enforcement, as

well as Australian and foreign customs officials, to stop the sale of counterfeit and imitation goods. We have already removed

hundreds of illegal websites and listings of counterfeit goods from online auction and marketplace sites such as Amazon, eBay,

AliBaba and TaoBao, to name a few. We actively conduct investigations, raids and seizures globally to remove dangerous

counterfeit goods from the market. We want you to be safe and buy only authentic goods. We guarantee the performance of our

professional RUSK MiraCurl styler and are proud to partner with distributors that support our efforts to ensure the legitimacy,

quality and safety of our goods.



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U.S. Patent No. 8,651,118 vs. BARBAR 2008 Auto Curling Iron

Page 1 of 27

United States Patent 8,651,118 BARBAR 2008 Auto Curling Iron

Claim 1

A hair styling device having:

a body defining a chamber adapted toaccommodate a length of hair, the

chamber having a primary openingthrough which the length of hair may

pass into the chamber;

The area between the

outer wall of the

central cylinder andthe inner wall of theouter housing

constitutes thechamber, with hair

passing into thechamber through the

opening shown.



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Page 2 of 27

a rotatable element adapted to engagethe length of hair adjacent to the

primary opening;The crescent-shaped

rotating element(bracketed in bottom

picture) rotates adjacentto the primary opening

where hair is drawn in.



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Page 3 of 27

an elongate member around which, inuse, the length of hair is wound by the

rotatable element, the elongate memberhaving a free end;

The crescent-shaped

rotating element

(bracketed in bottompicture) wraps the hairaround the center

cylindrical piece. The endof the cylindrical piece

(bottom arrow) constitutesthe free end.



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Page 5 of 27

Claim 2

A hair styling device according toclaim 1, wherein the secondary opening

is annular and surrounds the free end ofthe elongate member.

Claim 4

A hair styling device according toclaim 1, wherein the secondary opening

is permanently connected to theprimary opening.

The secondary opening is in

a ring shape and is at theend of the central cylinder.

The primary opening (top

arrow) and secondaryopening (bottom arrow) are

both integral with theoverall device.



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Page 6 of 27

Claim 5

A hair styling device according toclaim 1, wherein the movable abutment

is located within one of (i) thesecondary opening and (ii) the primary

opening, and wherein the secondaryopening is connected to the primary

opening by way of a passageway.

The top portion is located within

the primary opening when closed.

The primary opening (top arrow) isconnected to the secondary opening

(bottom arrow) through the central

chamber.



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Page 7 of 27

Claim 7


is spring-biased to its open position.

Claim 8

A hair styling device according to

claim 1, having a first handle part and asecond handle part, wherein the

movable abutment is driven to itsclosed position as the second handle

part is moved towards the first handlepart.

The top portion ofthe device closes

down as thesecond handle (top

arrow) is movedtoward the first

handle (lowerarrow).

The device contains a

spring that forces it into an

open position.



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Page 8 of 27

Claim 9

A hair styling device according toclaim 1, having a first handle part and a

second handle part, wherein themovable abutment moves from its

closed position to its open position asthe second handle part is moved away

from the first handle part.

Claim 10


in its open position does not obstructany part of the secondary opening.

The device opensup as the second

handle (toparrow) is moved

away from thefirst handle

(lower arrow).

When the device is inthe open position, the

top portion (top arrow)does not obstruct the

secondary opening

(bottom arrow).



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Page 9 of 27

Claim 11


is maintained in its closed positionwhile the rotatable element is rotating.

The crescent-shaped rotating element

(bracketed) is in motion while the deviceis in the closed position (bottom picture).



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Page 10 of 27

Claim 12


is located within the primary opening.

The top portion of the device is locatedwithin the primary opening, where hair

passes through.



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Page 11 of 27

Claim 13


a body defining a chamber adapted to

accommodate a length of hair, thechamber having a primary opening

through which the length of hair maypass into the chamber;

The area between the outerwall of the central cylinder

and the inner wall of theouter housing constitutes the

chamber, with hair passing

into the chamber throughthe opening shown.



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Page 12 of 27



element (bracketed,bottom picture) rotates

adjacent to the primaryopening where hair is

drawn in.



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Page 13 of 27



The crescent-shaped

rotating element

(bracketed, bottompicture) wraps the hairaround the center

cylindrical piece. The endof the central cylinder




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Page 14 of 27

the chamber having a secondaryopening through which the length of

hair may pass out of the chamber, thesecondary opening being located

adjacent to the free end; and

The secondary opening is at

the free end of the chamber.



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Page 15 of 27

a movable abutment which can engagethe length of hair in use, the movable

abutment having an open position inwhich the length of hair can pass

through the secondary opening, and aclosed position in which the length of

hair is retained within the chamber,wherein the movable abutment is

spring-biased to its open position.

When in the open position

(top picture), hair can flowthrough the secondary

opening. When closed(bottom picture), hair is

retained within the chamber.



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Page 16 of 27

The device contains a spring

that forces it into an openposition.



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Page 17 of 27

Claim 14


a body defining a chamber adapted to

accommodate a length of hair, thechamber having a primary opening

through which the length of hair maypass into the chamber;

The area between theouter wall of the

central cylinder andthe inner wall of the

outer housingconstitutes the

chamber, with hairpassing into the

chamber through theopening shown.



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Page 18 of 27



element (bracketed,bottom picture) rotates

adjacent to the primaryopening where hair is

drawn in.



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Page 19 of 27



The crescent-shaped

rotating element(bracketed, bottom

picture) wraps the hair

around the centercylindrical piece. The endof the central cylinder




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Page 20 of 27



adjacent to the free end;





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hair is retained within the chamber; and







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Page 22 of 27

a first handle part and a second handlepart, wherein the movable abutment is

driven to its closed position as thesecond handle part is moved towards

the first handle part.

Claim 15


a body defining a chamber adapted toaccommodate a length of hair, the

chamber having a primary openingthrough which the length of hair may

pass into the chamber;

The top portion ofthe device closes

down as thesecond handle (top

arrow) is movedtoward the first

handle (lower

arrow).

The area between theouter wall of thecentral cylinder and

the inner wall of the

outer housingconstitutes thechamber, with hair

passing into thechamber through the

opening shown.



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Page 23 of 27



rotating element(bracketed, bottom

picture) rotates adjacentto the primary opening

where hair is drawn in.



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Page 24 of 27



The crescent-shapedrotating element

(bracketed, bottompicture) wraps the hair

around the centercylindrical piece. The end

of the central cylinder(bottom arrow) constitutes

the free end.



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Page 25 of 27



adjacent to the free end;





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Page 26 of 27




hair is retained within the chamber; and







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Page 27 of 27

a first handle part and a second handlepart, wherein the movable abutment

moves from its closed position to itsopen position as the second handle part

is moved away from the first handlepart.

The device opens

up as the secondhandle (top

arrow) is movedaway from the

first handle(lower arrow).



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Page 1 of 9

United States Patent 8,607,804 BARBAR 2008 Auto Curling Iron

Claim 1

A hair styling aid comprising:

a generally cylindrical elongate memberfor receiving a length of hair to be

styled,

guide structure for receiving the length

of hair and for guiding the length of hairtowards the elongate member,

The cylinder in the centerof the device comprises

the elongate member.

The V-shaped guide

structure (emphasized inyellow) guides hair into

the device and toward thecenter cylinder.



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Page 2 of 9

a rotatable element rotatable relative tothe guide structure, the rotatable element

having a part adapted to engage thelength of hair for winding the length of

hair around the elongate member,

The crescent-shaped portion of thedevice displayed within the

brackets (bottom picture) rotatesrelative to the guide structure (top

picture, emphasized in yellow). Thehair is wound around the central

cylinder.



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Page 3 of 9

a housing surrounding a part of theelongate member, the housing having at

least one wall, the at least one wallcomprising a generally cylindrical inner

surface,

an elongate opening in the at least one

wall parallel with the elongate member,

The opening in the wallof the housing runs

parallel with the centralcylinder.

The housing (displayed within

the brackets) has an innercylindrical wall.



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Page 4 of 9

a chamber bordered by the generallycylindrical inner surface and the

generally cylindrical elongate memberfor containing the length of hair,

the rotatable element being rotatablerelative to the generally cylindrical inner

surface,

The chamber constitutes

the space between thecylinder wall and the

cylindrical inner wall ofthe housing.

The rotating element

of the housing rotatesaround the inner

cylindrical wall of thehousing.



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Page 5 of 9

the part adapted to engage the length ofhair passing around the generally

cylindrical elongate member whenwinding the length of hair around the

elongate member,The crescent-shapedrotating part (bracketed

portion of bottom picture)can engage the hair and

wind around the centerstationary piece.



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Page 6 of 9

the length of hair not being clamped inthe chamber during styling thereof,

http://www.youtube.com/watch?v=1Nx0-DJRJC0

the guide structure being adjacent the

elongate opening and comprisingopposedly facing converging surfaces

adapted to the length of hair through theelongate opening, towards the elongate

member, and

Hair is drawn in bythe curling iron and

rotated around thecylinder, and is not

clamped down at anystage.

The guide structure(emphasized in

yellow) is V-shapedand is adjacent to the

opening throughwhich hair is drawn

in.



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Page 7 of 9

the housing wall(s) being heated in use.

Claim 4

A hair styling aid according to claim 1,wherein the housing comprises the guide

structure.

The red and white

wires are connectedto the displayed

heating elements.

The guide structured

(emphasized in yellow)is part of the overall

housing of the device.



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Page 8 of 9

Claim 5

A hair styling aid according to claim 1,wherein the housing is integral with a

handle.

The device handle and

housing constitute one

piece.



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Page 9 of 9

Claim 6

A hair styling aid according to claim 1,wherein the rotatable element rotates

relative to the generally cylindricalelongate member.

The crescent-shapedrotating portion of the

device (bottom picture,

bracketed) rotates aroundthe central cylinder.



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Case 6:14-cv-00831-GAP-TBS Document 1-7 Filed 05/30/14 Page


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conair v. barbar - complaint

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