wireless environment v. hootoo.com - complaint

8/21/2019 Wireless Environment v. Hootoo.com - Complaint

http://slidepdf.com/reader/full/wireless-environment-v-hootoocom-complaint 1/49

11856904.1

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO

EASTERN DIVISION

WIRELESS ENVIRONMENT, LLC

32333 Aurora Road, Suite 100Solon, Ohio 44139

Plaintiff,

v.

HOOTOO.COM INC. (d/b/a Taotronics),

c/o Allen Fung, Statutory Agent

40424 Vogel Court

Fremont, California 94538

and

SUNVALLEYTEK INTERNATIONAL, INC.,

c/o Yingping Wang, Statutory Agent

371 Mindanao Drive

Redwood City, California 94065

Defendants.

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CASE NO.: 1:15-cv-1215

JUDGE

COMPLAINT

(JURY DEMAND ENDORSED

HEREON)

Plaintiff Wireless Environment, LLC (“Wireless Environment”), for its Complaint

against Defendants Hootoo.com, Inc. d/b/a Taotronics (“Taotronics”) and Sunvalleytek

International, Inc. (“Sunvalleytek”)(Sunvalleytek and Taotronics, collectively, the “Defendants”)

alleges the following:

THE PARTIES

1. Wireless Environment is an Ohio Limited Liability Company.

2. The members of Wireless Environment are citizens of the State of Ohio and

Maryland.

Case: 1:15-cv-01215 Doc #: 1 Filed: 06/16/15 1 of 18. PageID #: 1



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3. Taotronics is a California corporation with a principal place of business located at

2880 Zanker Road, Suite 203, San Jose, California, 95134.

4. Taotronics is a citizen of the State of California.

5. Sunvalleytek is a California corporation with a principal place of business located

at 2228 Junction Avenue, San Jose, California, 95131.

6. Sunvalleytek is a citizen of the State of California.

7. Upon information and belief, Taotronics is a subsidiary of Sunvalleytek and

Defendants are affiliated companies.

JURISDICTION AND VENUE

8. This is a civil action against Defendants for patent infringement arising under the

patent laws of the United States, specifically 35 U.S.C. § 271 and 35 § U.S.C. 281; for trademark

infringement arising under the trademark laws of the United States, specifically, 15 U.S.C. §

1125; for copyright infringement under the copyright laws of the United States, specifically 17

U.S.C. § 501 et seq.; for deceptive trade practices; and for unfair competition.

9. This Court has subject matter jurisdiction over this action under 28 U.S.C. § 1331,

as it involves a federal question; under 28 U.S.C. § 1338(a), as it involves federal patent,

trademark, and copyright claims; and under 28 U.S.C. § 1332, because the matter in controversy

exceeds $75,000.00 and is between citizens of different states.

10. This Court also has supplemental jurisdiction under 28 USC §1367 over state law

claims that are related to the patent, trademark and copyright claims asserted in this Complaint

and that form part of the same case or controversy as a result.

11. Venue in this judicial district is proper pursuant to 28 U.S.C. § 1391(b)(2)

because a substantial part of the events or omissions giving rise to the claims occurred in this




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judicial district. Based upon information and belief and as described in more detail below,

Defendants are marketing, advertising, making, using, importing, selling and offering for sale a

product that infringes Wireless Environment’s patent and trademark rights and copyright in this

district and that is also causing harm to Wireless Environment in this district.

12. This Court has personal jurisdiction over Defendants based on Defendants’

transacting of business in the State of Ohio and its sufficient minimum contacts with the State of

Ohio. Specifically, Defendants are subject to personal jurisdiction in this judicial district under

Ohio Rev. Code 2307.382, because, among other things, Defendants: (1) upon information and

belief, transacted business in the State of Ohio through its sale of infringing products in Ohio,

including over the internet in Ohio and worldwide; (2) have caused injury to Wireless

Environment as a result of the acts complained of herein including, but not limited to, injury in

the form of lost product sales, price erosion of Wireless Environment’s products, and loss of

goodwill; and (3) are causing tortious injury to Wireless Environment in Ohio by acts outside of

Ohio, namely, by regularly soliciting business, engaging in persistent courses of conduct, and

deriving substantial revenue from its sales of the infringing products in Ohio.

WIRELESS ENVIRONMENT’S PRODUCTS

13. Wireless Environment has developed a number of convenient and affordable

wireless lighting solutions, including a line of indoor/outdoor portable light-emitting diode

(LED) products and fixtures.

14. Some of Wireless Environment’s top-selling and most-recognizable LED

products are lighting products marketed under its Wireless EnvironmentTM and Mr. Beams®

trademarks, including the Wireless EnvironmentTM Mr. Beams® MB390TM UltraBright LED

Wireless Motion Sensor Spotlight (the “Wireless Environment Spotlight”) and the Wireless




e

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EnvironmentTM Mr. Beams® MB720TM MotionSensor LED Stick Anywhere Nightlight (the

“Wireless Environment Nightlight”), both of which are depicted below:

WIRELESS ENVIRONMENT AND ITS DESIGN PATENT

15. Wireless Environment is the assignee and current owner of a design patent,

D729,956S (the “Design Patent”), of which the Wireless Environment Spotlight is an

embodiment.

16. The Design Patent, entitled “Spotlight,” was issued May 19, 2015, and covers an

inventive, novel, and ornamental product design for a spotlight.

17. A true and accurate copy of the Design Patent is attached hereto as Exhibit A, of

which Defendants have received actual notice.

DEFENDANTS’ INFRINGING SPOTLIGHT

18. Defendants are competitors of Wireless Environment.

19. Specifically, Defendants are marketing, advertising, making, using, importing,

selling and offering for sale, an LED spotlight, the “LED Spotlight with PIR Motion Detection

and Photocell” (the “Taotronics Spotlight”), which is substantially similar and virtually identical

Wireless EnvironmentSpotlight

Wireless Environment Nightlight




Fig

Fin 2

Fig_ 4

Ft 7

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to, and infringes the inventive, ornamental, and novel design covered by the Design Patent, as

illustrated below:

20. Defendants are marketing, advertising, making, using, importing, selling, and

offering for sale the infringing Taotronics Spotlight throughout the United States, and in other

jurisdictions worldwide over the internet.




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21. In the eye of an ordinary observer, giving such attention as a purchaser usually

gives, the patented design of the Design Patent and the design of the Taotronics Spotlight are

substantially the same and virtually identical, so as to deceive and induce the observer into

purchasing the Taotronics Spotlight, under the mistaken belief that it is the Wireless

Environment Spotlight.

22. Viewed as a whole, consumers are confusing the product design of the Taotronics

Spotlight and the product design of the Wireless Environment Spotlight, both of which are

illustrated below:

Wireless

EnvironmentSpotlight

Taotronics

Spotlight

23. The non-functional product design of the Wireless Environment Spotlight

obtained secondary meaning and consumers associate its unique, distinctive product design with

Wireless Environment.

24. Among other reasons why the Wireless Environment Spotlight’s design obtained

secondary meaning, Wireless Environment has invested significant marketing and advertising

resources in connection with that product, which is featured on numerous websites, in catalogs

that are in circulation in over 70 million homes, and on Shop HQ, which has a viewership in

excess of 15 million households.




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25. Among other reasons the design of the Wireless Environment Spotlight obtained

secondary meaning, Wireless Environment has enjoyed significant sales of that product

throughout the United States, as well as in Europe and in Asia.

26. Wireless Environment began selling the Wireless Environment Spotlight well

prior to Defendants’ sale of the Taotronics Spotlight, and, as a result, has priority over the

design.

27. The substantial similarities between the design of the Taotronics Spotlight and the

design of the Wireless Environment Spotlight are causing consumers to confuse, mistake, or to

be deceived about an affiliation, connection, or association between Defendants and Wireless

Environment and their respective products.

28. The substantial similarities between the design of the Taotronics Spotlight and the

design of the Wireless Environment Spotlight are causing consumers to be deceived as to the

origin of the Wireless Environment Spotlight, as well as Wireless Environment’s sponsorship, or

approval of the Taotronics Spotlight.

29. Defendants’ infringement of the design of the Wireless Environment Spotlight is

willful and deceptive, as the Taotronics Spotlight is intended to copy Wireless Environment’s

product design, causing irreparable harm to Wireless Environment and further demonstrating

acquired distinctiveness in Wireless Environment’s product design.

DEFENDANTS’ INFRINGING NIGHTLIGHT

30. The non-functional product design of the Wireless Environment Nightlight also

obtained secondary meaning and consumers also associate its unique, distinctive design with

Wireless Environment.




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31. Among other reasons why the Wireless Environment Nightlight’s design obtained

secondary meaning, Wireless Environment has invested significant marketing and advertising

resources in connection with that product, which is featured on numerous websites, in catalogs

that are in circulation in over 70 million homes, and on Shop HQ, which has a viewership in

excess of 15 million households.

32. Among other reasons the design of the Wireless Environment Nightlight obtained

secondary meaning, Wireless Environment has enjoyed significant sales of that product

throughout the United States, as well as in Europe and in Asia.

33. Defendants are currently marketing, advertising, and selling the “TT-NL001

Battery-Powered Motion Sensor LED Nightlight - Portable Wide-angled Illumination Night

Lamp” nightlight (the “Taotronics Nightlight”)(the Taotronics Spotlight and the Taotronics

Nightlight collectively, the “Infringing Products”).

34. The Taotronics Nightlight is virtually identical in design to the unique,

distinctive design of the Wireless Environment Nightlight:

35. Wireless Environment began selling the Wireless Environment Nightlight at least

as early as 2009, years prior to Defendants’ sale of the Taotronics Nightlight, and, as a result, has

priority over the design.

Wireless

Environment Nightlight

Taotronics

Nightlight




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36. The substantial similarities between the design of the Taotronics Nightlight and

the design of the Wireless Environment Nightlight are causing consumers to confuse, mistake, or

to be deceived about an affiliation, connection, or association between Defendants and Wireless

Environment and their respective products.

37. The substantial similarities between the design of the Taotronics Nightlight and

the design of the Wireless Environment Nightlight are causing consumers to confuse, mistake, or

to be deceived as to the origin of the Wireless Environment Nightlight, as well as Wireless

Environment’s sponsorship, or approval of the Taotronics Nightlight.

38. Defendants’ infringement of the Wireless Environment Nightlight is willful and

deceptive as the Taotronics Nightlight is intended to copy Wireless Environment’s product

design, causing irreparable harm to Wireless Environment and further demonstrating acquired

distinctiveness in Wireless Environment’s product design.

39. As a result of Defendants’ sale of the Taotronics Nightlight, Wireless

Environment is suffering the loss of goodwill with consumers in its product design, lost sales,

price erosion of the Wireless Environment products, among other types of harm.

DEFENDANTS’ COPYRIGHT INFRINGEMENT

40. The Wireless Environment Spotlight and the Wireless Environment Nightlight

include instruction guides that Wireless Environment created and authored (the “Instruction

Guides”) and that are attached as Exhibit B.

41. Wireless Environment has registered the copyrights in its Instruction Guide for

the Wireless Environment Spotlight and Wireless Environment Nightlight with the U.S.

Copyright Office and has obtained registration certificates for them, effective on February 3,

2015 and that are attached as Exhibits C and D, respectively.




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42. The Instruction Guides have value and have been created and produced at

Wireless Environment’s expense.

43. The instruction guides enclosed with each of Defendants’ Infringing Products, the

front covers of which are attached as Exhibit E, contain exact and near-exact copies of

illustrations found in the Instruction Guides, in violation of Wireless Environment’s copyright

and as depicted below:

Instruction Guide to the Wireless Environment

Spotlight

Instruction Guide to the Taotronics Spotlight




L — N L I U

AN

IlLstration

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COUNT ONE

(Infringement of U.S. Patent No. D729, 965 S)

44. Wireless Environment hereby incorporates each and every paragraph set forth

above as if fully rewritten herein.

45. Wireless Environment owns the Design Patent.

Instruction Guide to the Wireless Environment Nightlight

Instruction Guide to the Taotronics Nightlight




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46. Defendants are infringing the Design Patent by, among other things, making,

using, importing into the United States, selling, and offering to sell, the Taotronics Spotlight,

which is virtually identical in appearance and design as the inventive, novel, and ornamental

design claimed in the Design Patent.

47. As a result of Defendants’ infringement of the Design Patent, Wireless

Environment has suffered, and will continue to suffer irreparable harm, unless Defendants’

infringing activities are enjoined.

48. Wireless Environment has no adequate remedy at law for Defendants’

infringement.

49. Wireless Environment has also suffered monetary damages.

50. Having notice of the Design Patent, Defendants’ infringement is willful and

intentional, making this an exceptional case and justifying the imposition of treble damages and

an award of reasonable attorneys’ fees pursuant to the provisions of 35 U.S.C. §§ 284 and 285.

COUNT TWO

(Trade Dress Infringement)



52. By selling the Infringing Products, Defendants are infringing Wireless

Environment’s trade dress rights, namely, the distinctive product designs of the Wireless

Environment Spotlight and the Wireless Environment Nightlight.

53. Consumers are confusing the Taotronics Spotlight’s design with the Wireless

Environment Spotlight’s design because they are virtually identical in appearance.

54. Consumers are further confusing the Taotronics Nightlight’s design with the

Wireless Environment Nightlight’s design because they are virtually identical in appearance.




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55. Defendants’ marketing, advertising, and sale of the Infringing Products is causing

consumers and the general public to erroneously believe that Wireless Environment is the origin

of, sponsors, and approves those products and that the Infringing Products are the same products

as the Wireless Environment Spotlight and the Wireless Environment Nightlight.

56. Defendants’ marketing, advertising, and sale of the Infringing Products is a

violation of the Lanham Act, 15 U.S.C. § 1125.

57. As a result of Defendants’ infringement of Wireless Environment’s rights to trade

dress in its product designs, Wireless Environment is suffering irreparable harm, including, but

not limited to, the loss of goodwill it has built with consumers through its own marketing,

advertising and sale of the Wireless Environment Spotlight and the Wireless Environment

Nightlight, among other irreparable harm.

58. Wireless Environment has no adequate remedy at law for Defendants’ actions,

entitling it to injunctive relief.

59. Defendants’ infringing activities are willful and intentional, making this an

exceptional case and justifying the imposition of treble damages pursuant to 15 U.S.C. § 1117.

60. Wireless Environment is also entitled to recover monetary damages, including,

but not limited to Defendants’ profits, actual damages, costs, and treble damages.

COUNT THREE

(Violation of Copyright Act)



62. Wireless Environment owns exclusive copyright to the Instruction Guides of the

Wireless Environment Spotlight and the Wireless Environment Nightlight and the illustrations in

those Instruction Guides.




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63. Without permission or consent from Wireless Environment, Defendants are

copying, distributing, and using Wireless Environment’s copyrighted illustrations in its

instruction guides for Defendants’ own products, violating Wireless Environment’s exclusive

rights:

(a) To reproduce the copyrighted work in copies;

(b) To prepare derivative works based upon the copyrighted work; and

(c) To distribute copies of the copyrighted work to the public.

64. Defendants’ acts of copyright infringement are willful and intentional.

65. As a result of Defendants’ infringement of Wireless Environment’s exclusive

rights under copyright, Wireless Environment is entitled to actual damages and additional relief

pursuant to 17 U.S.C. § 504 and 17 U.S.C. § 505, as applicable.

66. Defendants’ conduct is causing, and unless enjoined and restrained by this Court,

will continue to cause, Wireless Environment irreparable harm, for which it has no adequate

remedy at law.

67. Pursuant to 17 U.S.C. §§ 502 and 503, Wireless Environment is also entitled to

injunctive relief prohibiting Defendants from further infringing its copyright and ordering that

they destroy all infringing instruction guides made in violation of Wireless Environment’s

copyright.

COUNT FOUR

(Violations of Ohio Deceptive Trade Practices Act)






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69. Through their sale of the Infringing Products with designs that are being confused

with the unique, distinctive design of the Wireless Environment Spotlight and the Wireless

Environment Nightlight, Defendants are violating Ohio’s Deceptive Trade Practice Act:

By creating confusion and misunderstanding as to the source, sponsorship,

approval, and certification of the Infringing Products, namely, that Wireless

Environment is the source of, sponsors, approves, and certifies those products;

and,

By creating confusion and misunderstanding as to their affiliation, connection,

and association with Wireless Environment, the Wireless Environment Spotlight,

and the Wireless Environment Nightlight.

70. Defendants’ willful and deceptive actions are influencing consumers’ purchasing

decisions.

71. As a result of Defendants’ deceptive trade practices, Wireless Environment is

suffering irreparable harm to the goodwill it has built with consumers through its own marketing,

advertising and sale of its Wireless Environment Spotlight and the Wireless Environment

Nightlight, among other irreparable harm.

72. Wireless Environment has no adequate remedy at law for Defendants’ actions,

entitling it to injunctive relief.

73. Wireless Environment is also entitled to recover monetary damages as a result of

Defendants’ actions.

COUNT FIVE

(Common Law Unfair Competition)






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75. By marketing, advertising, and selling the Taotronics Spotlight, Defendants are

acting with the purpose and intent to deceive consumers into believing that the Taotronics

Spotlight is the Wireless Environment Spotlight.

76. By marketing, advertising, and selling the Taotronics Nightlight, Defendants are

acting with the purpose and intent to deceive consumers into believing that the Taotronics

Nightlight is the Wireless Environment Nightlight.

77. By marketing, advertising, and selling the Infringing Products and, furthermore,

violating Wireless Environment’s copyright to illustrations in the Instruction Guides, Defendants

intend to harm and are, in fact, harming Wireless Environment’s business.

78. As a result of Defendants’ unfairly competitive activities, Wireless Environment

has been damaged and will continue to be damaged unless Defendants are enjoined from

advertising and selling the Infringing Products.

79. Wireless Environment is also entitled to recover monetary damages as a result of

Defendants’ actions.

WHEREFORE, Wireless Environment respectfully seeks the following relief against

Defendants as follows:

As to Count I:

Judgment that Defendants’ conduct infringes Wireless Environment’s

patent rights in the Design Patent, in violation of 35 U.S.C. § 271;

Monetary damages in excess of $75,000 and in an amount to be proven at

trial, in the form of lost profits or, in the alternative, a reasonable royalty based upon Defendants’ sales;

Treble damages as a result of the willful and deliberate nature of

Defendants’ infringement, in accordance with 35 U.S.C. § 284; and,

Attorneys’ fees, in accordance with 35 U.S.C. § 285.




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As to Count II:

Judgment that Defendants’ conduct violates Wireless Environment’s trade

dress rights, in violation of 15 U.S.C. § 1125; and,

Damages in excess of $75,000 and in an amount to be proven at trial, inthe form of Defendants’ profits, actual damages suffered by Wireless

Environment, compensation for corrective advertising and attorney’s fees,

in accordance with 15 U.S.C. § 1117.

As to Counts III-V:

Actual damages in an amount to be determined at trial and attorney’s fees.

As to All Counts:

A preliminary, mandatory, and permanent injunction enjoining, restrainingand ordering Defendants, and their respective officers, agents, servants,

employees, attorneys, and other persons who are in active concert or

participation with them:

a. To cease advertising, promoting, making, using, offering to sell,

selling, and/or importing Defendants’ Infringing Products, and any

other product that is substantially the same as, or confusingly similar

in appearance to the Design Patent’s design, the Wireless Environment

Spotlight, and/or the Wireless Environment Nightlight;

b. To deliver and destroy all inventory of, and all literature,

advertisements, and other materials displaying, the Infringing Products

or any product that is substantially the same as, or confusingly similar

in appearance to the Wireless Environment Spotlight and/or the

Wireless Environment Nightlight;

c. To cease using the illustrations and any other language, illustrations, or

material in the Instruction Guides for the Wireless Environment

Spotlight, the Wireless Environment Nightlight, and any other

instruction guides and ordering that Defendants destroy all infringingguides made in violation of Wireless Environment’s copyright.

Attorneys’ fees, pre-judgment interest, and post-judgment interest; and,

For all other relief as this Court may deem just and proper.




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JURY DEMAND

Wireless Environment demands a trial by jury as to all issues so triable.

/s/: Philip R. BautistaPhilip R. Bautista (0073272) [email protected]

Michael H. Diamant (0000119)[email protected] J. Workman Farago (0080260)[email protected]

Julie A. Crocker (0081231) [email protected]

TAFT STETTINIUS & HOLLISTER LLP200 Public Square, Suite 3500

Cleveland, OH 44114-2302Phone: (216) 241-2838Fax: (216) 241-3707

Attorneys for Plaintiff Wireless

Environment, LLC




EXHIBIT A

Case: 1:15-cv-01215 Doc #: 1-1 Filed: 06/16/15 1 of 15. PageID #: 19



Thank you for purchasing the Mr. Beams™ Wire-

less UltraBright Spotlight. We are committed to

eliminating darkness by using the latest in light-emitting diodes (LED’s). LED’s are the most effi-

cient and durable light sources available. We arecertain that your Wireless UltraBright Spotlight willcontribute to a safer environment and provide light

where you need it at a very reasonable cost.

ENCLOSED YOU WILL FIND:

• Wireless UltraBright Spotlight

• Mounting Base

• 3 Screws and 3 Anchors

Wireless UltraBright Spotlight

Item MB390

ULTRABRIGHT SPOTLIGHT FEATURES

Motion Activated – Spotlight turns on automaticallywhen motion is detected.

Auto Shut-Off —Spotlight shuts off automaticallyafter 30 seconds if no motion is detected.

Light Sensor – Wireless Spotlight goes on only in

darkness to conserve battery life.

WARNING

• Use only new alkaline D-Cell batter

with 1.5V rating. Do not mix old annew batteries. If batteries are not n

it may cause the light to malfuncti

• Install batteries with polarity in corr position.

• If your spotlight will not turn off,

means it is time to replace the

batteries.

1. Remove front cover of Spotlight by rotatingcounter-clockwise as shown in Illustration 1 ..Pull face out from cup to reveal attached battery

holder. Separate two parts by squeezing tabs and pulling apart (Illustration 2).

3. Align grooves and arrow to insert battery ho

(Illustration 5). Turn front cover clockwise a

it will go. Make sure unit is securely closed w

row pointing at the lock symbol to ensure wea

proof seal is tight. Not fully tightening these t

parts may allow water leaks.

BEFORE YOU MOUNT YOUR SPOTLIGHT

Remove Mounting Base by turning thumb-

screw counter-clockwise as shown in Illustra-

tion 6. Pull Mounting Base off stem of Light.

Drive three screws into three holes to mount

the Mounting Base (Illustration 7). For bestresults, drill pilot holes first and insert anchors.

Insert Spotlight back into Mounting Base

pointed in the desired direction as shown inIllustration 8.

To pivot Spot;ight Up and Down, loosen large

thumbscrew in the joint of the Spotlight stem aadjust Spotlight Head to proper direction as shin Illustration 9 and Illustraion 10. Tightethumbscrew.

INSTALLATION INSTRUCTIONS

LIMITED WARRANTY

The product you have purchased is guaranteed against defects in workmanship and materials for the period stated on the package. Warranties impliedlaw are subject to the same time period limitation. Some states do not allow limitations on how long an implied warranty lasts, so this time limitationnot apply to you. If the product fails due to a manufacturing defect during normal use, return the product and dated sales receipt to the store where puchased for replacement OR send the product and the dated sales receipt to the address above. Not Covered – Batteries are not covered by this warran

Repair service, adjustment and calibration due to misuse, abuse or negligence are not covered by this warranty. Unauthorized service or modification product or of any furnished components will void this warranty in its entirety. This warranty does not include reimbursement for inconvenience, insta

set-up time, loss of use, postage, unauthorized service, or other products used in conjunction with, but are not supplied by, Wireless Environment.This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

Motion

Sensor

LED Lights

Mounting

Base

Illustration 1 Illustration 5

Illustration 6 Illustration 7 Illustration 9 Illustration 10

Illustration 2

MOUNTING YOUR SPOTLIGHT

2. Insert 4 D-Cell Batteries into Spotlightas shown in Illustration 3. Attach batteryholder by aligning the grooves on the side

and snapping both sides’ two tabs on theinside of the holder (Illustration 4).

Wireless Environme

32111 Aurora Rd, #

Solon, OH 44139

877.298.9082

www.mrbeams.com

NOTES: Light sensor only allows Spotlight to activate in darkness. We recommend testing in a dark room or closet. When your Spotlight

will not turn off, that means it is time to replace batteries.

Illustration 3 Illustration 4

Important!

Illustration 8

EXHIBIT B




ENCLOSED YOU WILL FIND:

• Stick Anywhere Night Light

• Mounting Bracket

• 2 Screws and Double-Sided Tape

Stick Anywhere Night Light – Item MB720 / 723

INSTRUCTION GUIDE

MB720 SA LIGHT FEATURESMotion Sensor Activated – Your SA Lighthas a sensitive motion sensor that will acti-vate the LED only when motion is detected.Light shuts off automatically after no motion

is detected for 30 seconds.Light Sensor – Your SA Light goes on onlyin darkness to conserve battery life.

Mount to Wall Options – Use 2 screws or

tape (included) to mount your SA Light tothe wall.

WARNING

• Use only new alkaline AA-Cell batteries

with 1.5V rating. Do not mix old andnew batteries. Install batteries with

polarity in correct position.

• Note that this is a strong adhesive

tape and may cause damage to paint,wallpaper, or surface underneath ifremoved.

• Light takes approximately 10 seconds toactivate once batteries are inserted.

• If light stays on constantly, it’s time to

change the batteries!

move Mounting Bracketm back of SA Light. Re-ve battery door of SA Light

removing 2 thumb screws aswn in Illustration 1.

MPORTANT NOTES:

Please use only new alkaline AA batteries with 1.5V

Do not mix old and new batteries.

Install batteries with polarity in correct position as shown.

Stick Anywhere Night Light will activate in fairly dark spaces. Test in a dark closet or bathroom.

INSTALLATION INSTRUCTIONS

Mr. Beams32111 Aurora Rd

Solon, OH 4413

877.298.9082www.mrbeams.co

BEFORE YOU MOUNT YOUR SA LIGHT:

Illustration 1 Illustration 3—(Indoor Use Only) Illustration 2 Illustration 4

Insert 4 Fresh AA batteries asshown in Illustration 2.Close battery door.

Attach double-sided tape (included)to back of mounting bracket asshown in Illustration 3.

Attach Mounting Bracket to Wall.Attach SA Light to MountingBracket as shown in Illustration 4.

MITED WARRANTYe product you have purchased is guaranteed against defects in workmanship and materials for the period stated on the package. Warranties implied by

w are subject to the same time period limitation. Some states do not allow limitations on how long an implied warranty lasts, so this time limitation mayapply to you. If the product fails due to a manufacturing defect during normal use, return the product and dated sales receipt to the store where pur-

ased for replacement OR send the product and the dated sales receipt to the address above. Not Covered – Batteries are not covered by this warranty.

pair service, adjustment and calibration due to misuse, abuse or negligence are not covered by this warranty. Unauthorized service or modification to thioduct or of any furnished components will void this warranty in its entirety. This warranty does not include reimbursement for inconvenience, installation-up time, loss of use, postage, unauthorized service, or other products used in conjunction with, but are not supplied by, Wireless Environment.

is warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

LED

Motion-Sensor

MOUNTING WITH TAPE—INDOOR ONLY:

OUNTING WITH SCREWS—INDOOR OR OUTDOOR:

etermine location for mounting SA

ght. Drive screws (included)rough holes of Mounting Bracketsecure. Attach SA Light asown in Illustration 5.

STICK ANYWHERE NIGHT LIGHT



http://slidepdf.com/reader/full/wireless-environment-v-hootoocom-complaint 36/49EXHIBIT C



http://slidepdf.com/reader/full/wireless-environment-v-hootoocom-complaint 39/49EXHIBIT D



http://slidepdf.com/reader/full/wireless-environment-v-hootoocom-complaint 42/49EXHIBIT E




S 44 (Rev. 12/12) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except

rovided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for theurpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OFTHE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

I. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for

(For Diversity Cases Only) and One Box for Defendant

’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF D

Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4

of Business In This State

’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5

Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6

Foreign Country

V. NATURE OF SUIT (Place an “X” in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act

’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 400 State Reapportionm

’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 ’ 410 Antitrust

’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 430 Banks and Banking

’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 450 Commerce

& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 460 Deportation

’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 470 Racketeer Influence

’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 840 Trademark Corrupt Organizatio

Student Loans ’ 340 Marine Injury Product ’ 480 Consumer Credit

(Excludes Veterans) ’ 345 Marine Product Liability LABOR SOCIAL SECURITY ’ 490 Cable/Sat TV

’ 153 Recovery of Overpayment Liabil ity PERSONAL PROPERTY ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 850 Securities/Commod

of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud Act ’ 862 Black Lung (923) Exchange

’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 890 Other Statutory Acti

’ 190 Other Contract Product Liability ’ 380 Other Personal Relations ’ 864 SSID Title XVI ’ 891 Agricultural Acts

’ 195 Contract Product Liability ’ 360 Other Personal Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 893 Environmental Matt

’ 196 Franchise Injury ’ 385 Property Damage ’ 751 Family and Medical ’ 895 Freedom of Informa

’ 362 Personal Injury - Product Liability Leave Act Act Medical Malpractice ’ 790 Other Labor Litigation ’ 896 Arbitration

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 791 Employee Retirement FEDERAL TAX SUITS ’ 899 Administrative Proc

’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: Income Security Act ’ 870 Taxes (U.S. Plaintiff Act/Review or Appe

’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee or Defendant) Agency Decision

’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party ’ 950 Constitutionality of

’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 State Statutes

’ 245 Tort Product Liability Accommodations ’ 530 General

’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION

Employment Other: ’ 462 Naturalization Application’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration

Other ’ 550 Civil Rights Actions

’ 448 Education ’ 555 Prison Condition

’ 560 Civil Detainee -

Conditions of

Confinement

V. ORIGIN (Place an “X” in One Box Only)

’ 1 OriginalProceeding

’ 2 Removed fromState Court

’ 3 Remanded fromAppellate Court

’ 4 Reinstated or Reopened

’ 5 Transferred fromAnother District(specify)

’ 6 MultidistrictLitigation

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Brief description of cause:

VII. REQUESTED INCOMPLAINT:

’ CHECK IF THIS IS A CLASS ACTIONUNDER RULE 23, F.R.Cv.P.

DEMAND $ CHECK YES only if demanded in complaint

JURY DEMAND: ’ Yes ’ No

VIII. RELATED CASE(S)IF ANY

(See instructions):JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

in excess of $75,000


Wireless Environment, LLC

32333 Aurora Road, Suite 100

Solon, Ohio 11439

Cuyahoga

Philip R. Bautista, Julie A. Crocker, Amelia J. Workman Farago, Michael H. Diamant

Taft Stettinius & Hollister, LLP

200 Public Square, Suite 3500

Cleveland, Ohio 44114 Phone: 216-241-2838

Santa Clara County, CA

35 U.S.C. § 271; 35 § U.S.C. 281; 15 U.S.C. § 1125; 17 U.S.C. § 501 and 28 U.S.C. § 1332.

Seeking damages and injunctive relief for patent infringement under 35 U.S.C. § 271 and 35 § U.S.C. 281; for trademark infringement under 15 U.S.C. § 1125;

infringement under 17 U.S.C. § 501 et seq. ; for deceptive trade practices; and for unfair competition.

6/16/2015 /s/ Philip R. Bautista

Print Save As... Reset

SUNVALLEYTEK INTERNATIONAL, INC.,c/o Yingping Wang, Statutory Agent371 Mindanao DriveRedwood City, California 94065

HOOTOO.COM INC. (d/b/a Taotronics),c/o Allen Fung, Statutory Agent40424 Vogel CourtFremont, California 94538



UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO

. Civil Categories: (Please check one category only).

1. General Civil

2. Administrative Review/Social Security

3. Habeas Corpus Death Penalty

*If under Title 28, §2255, name the SENTENCING JUDGE:

CASE NUMBER:

I. RELATED OR REFILED CASES. See LR 3.1 which provides in pertinent part: "If an action is filed or removed to this Court

and assigned to a District Judge after which it is discontinued, dismissed or remanded to a State court, and

subsequently refiled, it shall be assigned to the same Judge who received the initial case assignment without regardfor

the place of holding court in which the case was refiled. Counsel or a party without counsel shall be responsible for

bringing such cases to the attention of the Court by responding to the questions included on the Civil Cover Sheet."

This action is RELATED to another PENDING civil case. This action is REFILED pursuant to LR 3.1.

f applicable, please indicate on page 1 in section VIII, the name of the Judge and case number.

II. In accordance with Local Civil Rule 3.8, actions involving counties in the Eastern Division shall be filed at any of the

divisional offices therein. Actions involving counties in the Western Division shall be filed at the Toledo office. For the

purpose of determining the proper division, and for statistical reasons, the following information is requested.

ANSWER ONE PARAGRAPH ONLY. ANSWER PARAGRAPHS 1 THRU 3 IN ORDER. UPON FINDING WHICH

PARAGRAPH APPLIES TO YOUR CASE, ANSWER IT AND STOP.

(1) Resident defendant. If the defendant resides in a county within this district, please set forth the name of suchcounty

COUNTY:

Corporation For the purpose of answering the above, a corporation is deemed to be a resident of that county in which

it has its principal place of business in that district.

(2) Non-Resident defendant. If no defendant is a resident of a county in this district, please set forth the county

wherein the cause of action arose or the event complained of occurred.COUNTY:

(3) Other Cases. If no defendant is a resident of this district, or if the defendant is a corporation not having a principle

place of business within the district, and the cause of action arose or the event complained of occurred outside

this district, please set forth the county of the plaintiff's residence.

COUNTY:

V. The Counties in the Northern District of Ohio are divided into divisions as shown below. After the county is

determined in Section III, please check the appropriate division.

EASTERN DIVISION

AKRON (Counties: Carroll, Holmes, Portage, Stark, Summit, Tuscarawas and Wayne) CLEVELAND (Counties: Ashland, Ashtabula, Crawford, Cuyahoga, Geauga, Lake,

Lorain, Medina and Richland) YOUNGSTOWN (Counties: Columbiana, Mahoning and Trumbull)

WESTERN DIVISION

TOLEDO (Counties: Allen, Auglaize, Defiance, Erie, Fulton, Hancock, Hardin, Henry,Huron, Lucas, Marion, Mercer, Ottawa, Paulding, Putnam, Sandusky, Seneca

VanWert, Williams, Wood and Wyandot)


Cuyahoga



JS 44 Reverse (Rev. 12/12)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as

required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is

required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk o

Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, us

only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency andthen the official, giving both name and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at

time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In lan

condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)

(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, no

in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an

in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.

United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here

United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.

Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendm

to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code tak

precedence, and box 1 or 2 should be marked.

Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the

citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversitycases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark

section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below

sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more th

one nature of suit, select the most definitive.

V. Origin. Place an "X" in one of the six boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.

Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.

When the petition for removal is granted, check this box.Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the fili

date.

Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers o

multidistrict litigation transfers.

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 140

When this box is checked, do not check (5) above.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictionstatutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.

Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.

Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket

numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.




AO 440 (Rev. 12/09) Summons in a Civil Action

U NITED STATES DISTRICT COURTfor the

__________ District of __________

)

))))))

Plaintiff

v. Civil Action No.

Defendant

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.You also must file your answer or motion with the court.

CLERK OF COURT

Date:Signature of Clerk or Deputy Clerk


Northern District of Ohio


1:15-cv-1215

SUNVALLEYTEK INTERNATIONAL, INC., et al.

Philip R. BautistaJulie A. Crocker

Amelia J. Workman Farago

Michael H. Diamant

TAFT STETTINIUS & HOLLISTER, LLP


Cleveland, Ohio 44114

HOOTOO.COM INC.(d/b/a Taotronics),

c/o Allen Fung, Statutory Agent40424 Vogel CourtFremont, California 94538



AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

’ I personally served the summons on the individual at (place)

on (date) ; or

’ I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)

on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify):

.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:


1:15-cv-1215

0.00

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AO 440 (Rev. 12/09) Summons in a Civil Action

U NITED STATES DISTRICT COURTfor the

__________ District of __________

)

))))))

Plaintiff

v. Civil Action No.

Defendant

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.You also must file your answer or motion with the court.

CLERK OF COURT

Date:Signature of Clerk or Deputy Clerk

SUNVALLEYTEK INTERNATIONAL, INC., et al.


Northern District of Ohio


1:15-cv-1215

Philip R. BautistaJulie A. Crocker

Amelia J. Workman Farago

Michael H. Diamant

TAFT STETTINIUS & HOLLISTER, LLP


Cleveland, Ohio 44114

SUNVALLEYTEK INTERNATIONAL, INC.,c/o Yingping Wang, Statutory Agent

371 Mindanao DriveRedwood City, California 94065



AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

’ I personally served the summons on the individual at (place)

on (date) ; or

’ I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)

on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify):

.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:


1:15-cv-1215

0.00

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