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Case 1:18-cv-03836 Document 1 Filed 03/20/18 Page 1 of 4 PageID: 1

NORMAN E. LEHRER, P.C.


Norman E. Lehrer
41 Grove Street
Haddonfield, NJ 08033
856.429.4100
patents@pobox.com
Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE

SKULL SHAVER, LLC, : CIVIL ACTION NO. 18-


:
Plaintiff, :
v. : COMPLAINT
:
IDEAVILLAGE PRODUCTS CORP., :
: JURY TRIAL DEMANDED
Defendant. :

Plaintiff, Skull Shaver, LLC, by its attorney and for its complaint against

Defendant, Ideavillage Products Corp., alleges and avers as follows:

THE PARTIES

1. Plaintiff, Skull Shaver, LLC, (hereinafter “Skull Shaver”) is a limited

liability company of New Jersey, having its principal place of business at 1503 Glen Avenue,

Suite 160, Moorestown, New Jersey 08057, USA.

2. Defendant, Ideavillage Products Corp., (hereainafter “Ideavillage”) is a

corporation of the State of New Jersey, having its principal place of business at 155 Route 46

West, Wayne, New Jersey 07470.


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JURISDICTION AND VENUE

3. This Court has jurisdiction over this complaint under 28 U.S.C. §1338(a)

in that the cause of action arises under the Patent Laws of the United States and, particularly, 35

U.S.C. §§271 and 289.

4. Personal jurisdiction over Defendant is proper in this judicial district in

that Defendant is incorporated in this district and resides in this district.

5. Venue is proper pursuant to 28 U.S.C. §1400(b) in that Defendant resides

in this judicial district.

DESIGN PATENT INFRINGEMENT

6. Skull Shaver is in the business of designing and selling electric shavers in

the United States and throughout the world.

5. Skull Shaver is the owner of U.S. Design Patent No. D 693,060 entitled

“Contoured Electric Head Shaver” which duly and legally issued on November 5, 2013

(hereinafter the “Patent”). The Patent is in full force and effect and a copy is attached hereto as

Exhibit A.

6. In contravention to 35 U.S.C. §§271 and 289, Ideavillage has willfully and

deliberately infringed the Patent by making, using, selling, and/or offering to sell, or causing

others to make, use, sell, and/or offer to sell an electric shaver which it refers to as Flawless Legs

(hereinafter “Flawless”) and which embodies the invention claimed in the Patent. Photographs of

the Flawless shaver are attached hereto as Exhibit B.

7. Ideavillage’s Flawless shavers are relatively inexpensive costing only

about $60.00.
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8. On information and belief, Ideavillage’s Flawless shavers are sold only

through television infomercials and online, and are not available in stores.

9. As a result of the manner in which the Flawless shavers are sold, a

prospective consumer does not have an opportunity to closely examine the same. He or she can

see only what is shown on television or online.

10. Although there are some differences in the designs, the overall appearance

of the Flawless shaver is substantially the same as the design in the Patent or is at least a

colorable imitation thereof.

11. By way of example, both designs have an essentially egg shaped handle,

both designs have elongated recesses along the sides of the handle and both designs have four

rotating blades at the bottom.

12. The ordinary observer, seeing the Flawless shaver on television or online,

would be deceived into believing that the Flawless shaver is the same as the patented design.

WHEREFORE, Skull Shaver prays for judgment against Ideavillage as follows:

A. That, pursuant to 35 U.S.C. §283, preliminary and final injunctions be

issued enjoining Ideavillage, its officers, agents, servants, employees and all those persons in

active concert or participation with any of them from further infringement of the Patent;

B. That, pursuant to 35 U.S.C. §284, Ideavillage account to Skull Shaver for

damages for all past infringement, including treble damages because of the willful nature of such

infringement;

C. That, pursuant to 35 U.S.C. §285, Skull Shaver be awarded costs and

attorney’s fees incurred in connection with this action;

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D. That, pursuant to 35 U.S.C. §289, Ideavillage account to Skull Shaver for

the total extent of Ideavillage’s profits resulting from Ideavillage’s past infringement and

E. Such other and further relief as this court deems just and proper.

NORMAN E. LEHRER, P.C.

By: /s/ Norman E. Lehrer


Norman E. Lehrer
Attorneys for Plaintiff

Dated: March 20, 2018

DEMAND FOR JURY TRIAL

Plaintiff, by its attorney, hereby demands a trial by jury of all issues triable by

jury.

DECLARATION UNDER LOCAL RULE 11.2

I, Norman E. Lehrer, hereby declare that, to the best of my knowledge, this matter

is not the subject of any other pending action in any court, or of any pending arbitration or

administrative proceeding.

NORMAN E. LEHRER, P.C.

By: /s/ Norman E. Lehrer


Norman E. Lehrer
Attorneys for Plaintiff
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Exhibit A
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USOOD69306OS

(12) United States Design Patent (10) Patent No.: US D693,060 S


Lyles (45) Date of Patent: . Nov. 5, 2013
(54) CONTOURED ELECTRIC HEAD SHAVER D528,701 S 9, 2006 Oh
D546,001 S * 7/2007 McLachlan .................... D28,50
D558,924 S
(71) Applicant: Still Shaver, LLC, Mount Holly, NJ D601,301 S 9,1/2008 Cafaro et al.
2009 Bao
(US) D663,897 S 7/2012 Aulwes et al.
D671,267 S * 1 1/2012 Hsu ................................ D28,50
(72) Inventor: John Lyles, Mount Ephraim, NJ (US) D672,504 S 12/2012 Lyles
2009 OO25234 A1 1/2009 Carlucci
(73) Assignee: Skull Shaver, LLC, Mount Holly, NJ 2011/0016734 A1* 1/2011 Kludjian et al. ................ 30.526
(US) * cited byy examiner
(**) Term: 14 Years Primary Examiner — Jennifer Rivard
(21) Appl. No. 29/453,235
y x- - - 9
(74) Attorney, Agent, or Firm — Norman E. Lehrer
(57) CLAM
(22) Filed: Apr. 26, 2013 The ornamental design for a contoured electric head shaver,
(51) LOC (9) Cl. .................................................. 28-03 as shown and described.
(52) U.S. Cl.
USPC ........................................................... D28/SO DESCRIPTION
(58) Field of Classification Search
USPC ............ D28/44-54; 30/32, 34.05, 34.1, 34.2, FIG. 1 is a front top perspective view of a contoured electric
30/43–43.92, 526–527, 44-45,341, head shaver showing my new design;
30/195. 223, 272.1, 226 227, 231, FIG. 2 is a front bottom perspective view thereof;
30/233 233.5 FIG. 3 is a top plan view thereof;
See application file for complete search history. FIG. 4 is a bottom plan view thereof;
FIG. 5 is a left side view thereof, the right side being the
(56) References Cited mirror image thereof;
U.S. PATENT DOCUMENTS
FIG. 6 is a rear end elevational view thereof, and,
FIG. 7 is a front end elevational view thereof.
5,520,616 A 5, 1996 Hofmeister The broken lines shown in the drawings illustrate portions of
D426,918 S 6, 2000 Greene the article and form no part of the claimed design.
6,112,421 A 9, 2000 Greene
D446,351 S 8, 2001 Greene 1 Claim, 2 Drawing Sheets
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U.S. Patent Nov. 5, 2013 Sheet 1 of 2 US D693,060 S


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U.S. Patent Nov. 5, 2013 Sheet 2 of 2 US D693,060 S


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Exhibit B
   
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