fit four v. raww - complaint

8/10/2019 Fit Four v. Raww - Complaint

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JAMES T. BURTON (Utah Bar No. 11875)[email protected] D. TUCKER (Utah Bar No. 12265)

[email protected]

JOSHUA S. RUPP (Utah Bar No. 12647)[email protected]

KIRTON MCCONKIE

1800 Eagle Gate Tower

60 East South TempleP.O. Box 45120

Salt Lake City, Utah 84145-0120

Telephone: (801) 328-3600Facsimile: (801) 321-4893

Attorneys for Plaintiff Fit Four, LLC.

______________________________________________________________________________

IN THE UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF UTAH, NORTHERN DIVISION

FIT FOUR LLC, a Utah limited liability

company,

Plaintiff,vs.

RAWW SPORTSGEAR, LLC, a Californialimited liability company; RAMANPREET

SEKHON, an individual; and DOES 110,

Defendants.

COMPLAINT

Case No.: 1:14-cv-00155-EJF

Judge: Evelyn J. Furse

JURY TRIAL DEMANDED

Plaintiff Fit Four, LLC (Fit Four), by and through its undersigned counsel of record,

hereby complains against Defendants Raww Sportsgear, LLC (Raww), Ramanpreet Sekhon

(Sekhon),and Does 1-10 (collectively, Defendants)as follows.

Case 1:14-cv-00155-EJF Document 2 Filed 11/24/14 Page 1 of 8


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PARTIES

1. Fit Four is a Utah limited liability company, having its principal place of business

in Bountiful, Utah.

2. Raww is a California limited liability company with its principal place of business

located at 3600 Sawtelle Blvd., Apt. 103, Los Angeles, California 90066.

3. Sekhon is an individual residing at 3600 Sawtelle Blvd., Apt. 103, Los Angeles,

California 90066.

4. Fit Four is presently unaware of the true names and capacities, whether

individual, corporate, associate, or otherwise, of Defendant Does 1 through 10, inclusive, or of

any of them individually. Fit Four, therefore, sues these Defendants by such fictitious names.

Fit Four will seek leave of Court to amend this Complaint when the identities of these

Defendants are ascertained.

JURISDICTION AND VENUE

5. Subject-matter jurisdiction is conferred upon this Court by 28 U.S.C. 1331 and

1338(a).

6. This Court has supplemental jurisdiction over Fit Fours state law claims under 28

U.S.C. 1367(a) because those claims arise from a common nucleus of operative facts alleged in

Fit Fours federal claims.

7. Venue is proper in this district pursuant to 28 U.S.C. 1391(b) and 1400(b) as

Defendants have committed the acts of patent and trademark infringement complained of herein



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in this District. Defendants have solicited business in the State of Utah, transacted business in

the State of Utah, and attempted to derive financial benefit from residents of the State of Utah,

including benefits directly related to the instant patent infringement cause of action set forth

herein.

8. Sekhon has subjected himself to the personal jurisdiction of this Court by

wrongfully encouraging the acts of willful infringement of Fit Fours patent-in-suit.

9. Defendants have placed their infringing goods, systems, methods, compositions,

and/or services, including, without limitation, Rawws Barehand glove (Infringing Product),

into the stream of commerce throughout the United States, which goods, systems, methods,

compositions, and/or services have been offered for sale, sold, and/or use in the State of Utah

and/or this District.

10.

Defendants, directly or through its subsidiaries, divisions, groups, or distributors,

have committed acts of infringement in this District, are subject to personal jurisdiction in this

District, and/or are doing business in this District.

BACKGROUND

11. Fit Four is the innovative designer of a four-fingered glove.

12. Fit Fours founder, Jonny Robbins, conceived the innovative four-fingered glove.

13. The four-finger glove was conceived to avoid the thrashing and damage to hands

as a result of extreme personal fitness.



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14.

By utilizing advance technologies in kinetics, body-mapping patterns, and heat

zones, Fit Four provides innovative, purpose-specific hand protection for cross training

enthusiasts and hardcore athletes.

15. Fit Four is the owner and operator ofwww.fitfour.com.

FIRST CLAIM FOR RELIEF

Infringement of United States Design Patent No. D652,607

Against All Defendants

16. Fit Four realleges and incorporates by reference all previous paragraphs.

17. On January 24, 2012, U.S. Design Patent No. D652,607 (the 607 Patent),

entitled Four-Finger Glove, a copy of which is attached hereto as Exhibit A, was duly and

legally issued by the United States Patent and Trademark Office. Fit Four is the owner by

assignment of the 607 Patent.

18.

Defendants, directly or through their subsidiaries, divisions, or groups, have

infringed and continue to infringe the 607 Patent by making, using, selling, and/or offering to

sell, or allowing others to make, use, sell, and/or offer to sell, in the United States and/or this

District, goods, systems, methods, compositions, and/or services that are covered by one or more

of the claims of the 607 Patent.

19. Defendants are liable for infringement of the 607 Patent under 35 U.S.C. 289.

20.

Defendantsacts of infringement have caused damage to Fit Four, and Fit Four is

entitled to recover from Defendants the damages sustained by Fit Four as a result of Defendants

wrongful acts in an amount to be proven at trial.

21. As a consequence of the infringement complained of herein, Fit Four has been

http://www.fitfour.com/http://www.fitfour.com/http://www.fitfour.com/http://www.fitfour.com/


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irreparably damaged to an extent not yet determined and will continue to be irreparably damaged

by such acts in the future unless Defendants are enjoined by the Court from committing further

acts of infringement.

22. Upon information and belief, one or more of Defendants acts of infringement

have been or will be undertaken with knowledge of the 607 Patent. Such acts constitute willful

infringement and make this case exceptional pursuant to 35 U.S.C. 284 and 285, and further

entitle Fit Four to enhanced damages and reasonable attorneys fees.

23. The willful infringement has occurred with the knowing assistance of Sekhon and

Does 1-10 as managers of Raww, thereby subjecting them each to personal liability for Rawws

willful infringement of the 607 Patent.

SECOND CLAIM FOR RELIEF

Violation of Utah Unfair Competition Act

U.C.A. 13-5A-102Against Raww

24. Fit Four realleges and incorporates by reference all previous paragraphs.

25. Through its acts of infringement of the 607 Patent, Raww has competed unfairly,

unlawfully, and fraudulently with Fit Fours legitimate business purposes.

26. Such unfair competition by Raww has led to the material diminution in the value

of Fit Fours intellectual property.

27. The foregoing misconduct of Raww constitutes unfair competition under Utah

Code Annotated 13-5A-102.

28. Fit Four is entitled to recover damages to fairly and reasonably compensate it for



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Rawwsconduct.

29. Fit Four is entitled to an award of its attorneys fees and costs for being required

to file and prosecute this action.

30. Fit Four has no adequate remedy at law, has suffered and is continuing to suffer

irreparable harm as a result of Rawws acts and is, therefore, entitled to preliminary and

permanent injunctive relief to enjoin Raww from further misconduct.

PRAYER FOR RELIEF

WHEREFORE, Fit Four prays for judgment as follows:

A. That Defendants have infringed the 607 Patent;

B. Defendants account for and pay to Fit Four all damages caused by its infringement of the

607 Patent, and to enhance such damages as appropriate, all in accordance with 35 U.S.C.

284;

C. Fit Four be granted permanent injunctive relief pursuant to 35 U.S.C. 283, permanently

enjoining Defendants, their officers, agents, servants, employees, and those persons in active

concert or participation with it from further acts of patent infringement;

D. That Defendants and their principals, agents, representatives, servants, and employees

and any person in active concert or participation with them be ordered to recall and deliver up for

destruction all products that infringe the 607 Patent, including, without limitation, the Infringing

Product;

E. Fit Four be granted pre-judgment and post-judgment interests on the damages caused to it



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by reason of Defendantspatent infringement;

F. The Court declare this an exceptional case and that Fit Four be granted its reasonable

attorneys fees in accordance with 35 U.S.C. 285;

G. That Sekhon and Does 1-10 be held personally liable for the infringement of the Patent-

in-Suit for their knowing encouragement that the Patent-in-Suit be willfully infringed by Raww.

H. Preliminarily and permanently enjoining Raww from engaging in unfair competition;

I. An order from the Court directing Raww to provide an accounting of all revenues and

profits gained by Raww while engaging in the acts complained of in this Complaint;

J. Awarding Fit Four its actual damages, and awarding Fit Four any additional damages that

the Court deems just and equitable under these circumstances;

K.

Costs be awarded to Fit Four; and

L. Fit Four be granted such other and further relief as the Court may deem just and proper

under the circumstances.



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DEMAND FOR JURY TRIAL

Fit Four hereby demands trial by jury as to all issues in this action triable by jury.

DATED this 24th

day of November, 2014.

Respectfully Submitted,

KIRTON McCONKIE

By /s/ James T. Burton

James T. BurtonBrian D. Tucker

Joshua S. Rupp

Attorneys for Fit Four, LLC



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Exhibit A

Case 1:14-cv-00155-EJF Document 2-1 Filed 11/24/14 Page 1 of 10


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fit four v. raww - complaint

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