Case 0:24-cv-62197-XXXX Document 1 Entered on FLSD Docket 11/19/2024 Page 1 of 29

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 24-cv-62197

THE KYJEN COMPANY, LLC,

Plaintiff,
v.

THE INDIVIDUALS, CORPORATIONS, LIMITED

LIABILITY COMPANIES, PARTNERSHIPS, AND
UNINCORPORATED ASSOCIATIONS IDENTIFIED
ON SCHEDULE A,

Defendants.
/

COMPLAINT

Plaintiff THE KYJEN COMPANY, LLC (“Plaintiff”) hereby alleges as follows against the

individuals, corporations, limited liability companies, partnerships, and unincorporated

associations and foreign entities identified on Schedule A 1 (collectively, “Defendants”).

INTRODUCTION

1. This is a civil action for trademark infringement and patent infringement to combat

e-commerce store operators who trade upon Plaintiff’s reputation and goodwill by making, using,

offering for sale, selling and/or importing into the United States for subsequent sale or use

unauthorized and unlicensed products that infringe Plaintiff’s registered trademarks, as well as its

designs for pet products in connection with Plaintiff’s patented designs.

2. Specifically, Defendants have infringed at least one of Plaintiff’s trademarks that

are covered by U.S. Trademark Registration Nos. 2,709,593; 3,278,965; 5,412,084; or 5,428,383

(the “Outward Hound Trademarks”) and/or at least one of Plaintiff’s design patents that are

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Plaintiff intends to file a motion to file Schedule A under seal.
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covered by U.S. Design Patent Nos. US D699,009 S; US D705,999 S; US D706,000 S; US

D706,001 S; US D706,494 S; US D769,546 S; or US D833,086 (the “Design Patents”) and/or at

least one of Plaintiff’s utility patents that are covered by U.S. Patent Nos. US 8,316,804 B2, and

US 9,756,835 B1 (the “Utility Patents”) (together the “Outward Hound Patents,” collectively with

the Outward Hound Trademarks, the “Outward Hound IP”).

3. The Outward Hound Trademarks and the Outward Hound Patents are valid,

subsisting, and in full force and effect. Plaintiff is the owner and lawful assignee of all right title,

and interest in the Outward Hound IP. True and correct copies of the federal trademark

registrations for the Outward Hound Trademarks are attached as Exhibit 1. True and correct copies

of the Outward Hound Patents are attached as Exhibit 2.

4. Each Defendant directly and/or indirectly imports, develops, designs,

manufactures, distributes, markets, offers to sell and/or sells products infringing Plaintiff’s

Outward Hound IP (the “Infringing Products”) in the United States, including in this Judicial

District, and otherwise purposefully directs infringing activities to this district in connection with

the Infringing Products. By selling Infringing Products that purport to be genuine and authorized

products using the Outward Hound IP, Defendants cause confusion and deception in the

marketplace.

5. Defendants conduct this activity through their numerous fully interactive

commercial Internet e-commerce stores operating under the online marketplace accounts identified

in Schedule A attached hereto (collectively, the “Defendant Internet Stores”), including but not

limited to the platforms Alibaba.com (“Alibaba”), Amazon.com (“Amazon”), DHgate.com

(“DHgate”), eBay.com (“eBay”), Shein.com (“Shein”), Temu.com (“Temu”), and Walmart.com

(“Walmart”) (collectively, the “Marketplace Platforms”).

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6. The Defendants design the online marketplace accounts to appear to be selling

genuine products properly bearing, using, and sold utilizing the Outward Hound IP, while selling

inferior imitations of such products.

7. The Defendant Internet Stores share unique identifiers, such as design elements and

similarities of the counterfeit products offered for sale, establishing a logical relationship between

them and that Defendants’ operation arises out of the same transaction, occurrence, or series of

transactions or occurrences.

8. Defendants attempt to avoid and mitigate liability by operating under one or more

seller aliases to conceal both their identities and the full scope and interworking of their operation.

9. Plaintiff is forced to file this action to combat Defendants’ infringement of its

Outward Hound IP, as well as to protect unknowing consumers from purchasing Infringing

Products over the Internet.

10. As a result of Defendants’ actions, Plaintiff has been and continues to be irreparably

damaged through consumer confusion, dilution, and tarnishing of its valuable trademarks and

goodwill. Plaintiff is further irreparably damaged from the loss of its lawful patent rights to exclude

others from making, using, selling, offering for sale, and importing its patented design. Plaintiff

therefore seeks injunctive and monetary relief.

SUBJECT MATTER JURISDICTION

11. This Court has original subject matter jurisdiction over the trademark infringement

and false designation of origin claims in this action pursuant to the provisions of the Lanham Act,

15 U.S.C. § 1051 et seq., 28 U.S.C. § 1338(a)–(b), and 28 U.S.C. § 1331.

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12. This Court has original subject matter jurisdiction over the patent infringement

claim arising under the patent laws of the United States pursuant to 35 U.S.C. § 1 et seq., §§ 271,

285, 283, 284, 285, 289, 28 U.S.C. § 1338(a), and 28 U.S.C. § 1331.

13. This Court has jurisdiction over the unfair deceptive trade practices claims in this

action that arise under the laws of the State of Florida pursuant to 28 U.S.C. § 1367(a), because

the state law claims are so related to the federal claims that they form part of the same case or

controversy and derive from a common nucleus of operative facts.

PERSONAL JURISDICTION AND VENUE

14. Personal jurisdiction exists over Defendants in this Judicial District pursuant to

Florida Statutes §§ 48.193(1)(a)(1)–(2) and FRCP § 48.193(1)(a)(6) or, in the alternative, Fed. R.

Civ. P. 4(k) because, upon information and belief, each Defendant regularly conducts, transacts,

and/or solicits business in Florida and in this Judicial District, and/or derives substantial revenue

from business transactions in Florida and in this Judicial District and/or otherwise avail themselves

of the privileges and protections of the laws of the State of Florida such that this Court’s assertion

of jurisdiction over Defendants does not offend traditional notions of fair play and due process.

15. In addition, each Defendant has offered to sell and ship and/or sold and shipped

Infringing Products into this Judicial District. Defendants’ infringing actions caused injury to

Plaintiff in Florida and in this Judicial District such that Defendants should reasonably expect such

actions to have consequences in Florida and this Judicial District. For example:

a. Defendant Internet Stores accept orders of Infringing Products from

and offer shipping to Florida addresses located in this Judicial District.

b. Upon information and belief, Defendants were and/or are

systematically directing and/or targeting their business activities at consumers in the U.S.,

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including those in Florida, in this Judicial District, through accounts (the “User Account(s)”) with

online marketplace platforms such as Alibaba, Amazon, DHgate, eBay, Shein, Temu and Walmart,

as well as any and all as yet undiscovered User Accounts with additional online marketplace

platforms held by or associated with Defendants, their respective officers, employees, agents,

servants and all persons in active concert or participation with any of them, through which

consumers in the U.S., including Florida (and more particularly, in this Judicial District), can view

the marketplace accounts that each Defendant operates, uses to communicate with Defendants

regarding their listings for Infringing Products and to place orders for, receive invoices for and

purchase Infringing Products for delivery in the U.S., including Florida (and specifically, in this

Judicial District), as a means for establishing regular business with the U.S., including Florida (and

specifically, in this Judicial District).

c. Upon information and belief, Defendants have transacted business

with consumers located in the U.S., including Florida (and more particularly, in this Judicial

District), for the sale and shipment of Infringing Products.

16. Venue is proper in this Court pursuant to at least 28 U.S.C. §§ 1391(b)(2) because

Defendants have committed acts of patent infringement in this Judicial District, do substantial

business in the Judicial District, and have registered agents in this Judicial District. Specifically,

Defendants are reaching out to do business with Florida residents by operating one or more

commercial, interactive Internet Stores through which Florida residents can purchase products

infringing on the Outward Hound IP. Each Defendant has targeted sales from Florida residents by

operating online stores that offer shipping to the United States, including Florida and this Judicial

District. Each Defendant is committing tortious acts in Florida, is engaging in interstate commerce,

and has wrongfully caused Plaintiff substantial injury in the State of Florida.

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THE PLAINTIFF

17. Plaintiff The Kyjen Company, LLC d/b/a Outward Hound is a limited liability

company organized and existing under the laws of Colorado with its principal place of business in

Centennial, Colorado. Plaintiff specializes and has specialized in the development and marketing

of pet toys. Among other things, Plaintiff develops, manufactures, and markets pet products

incorporating the Outward Hound IP (the “Outward Hound Products”).

OUTWARD HOUND IP AND PRODUCTS

18. Plaintiff is the owner and lawful assignee of all right title, and interest in and to the

Outward Hound IP, including the following trademarks and patented designs:

U.S. Trademark Description Registration

Registration No. Date
2,709,593 OUTWARD HOUND (word mark) Apr. 22, 2003

3,278,965 Hide A Squirrel (word mark) Aug. 14, 2007

5,412,084 Fun Feeder (word mark) Feb. 27, 2018

5,428,383 Tower of Tracks (word mark) Mar. 20, 2018

(See Ex. 1.)

U.S. Patent
Claim Issue Date
Number
D699,009 S Feb. 4, 2014

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U.S. Patent
Claim Issue Date
Number
D705,999 S May 27, 2014

D706,000 S May 27, 2014

D706,001 S May 27, 2014

D706,494 S Jun. 3, 2014

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U.S. Patent
Claim Issue Date
Number
D769,546 S Oct. 18, 2016

D833,086 S Nov. 6, 2018

US 8,316,804 B2 Pet Game Board Detail and Board Game Nov. 27, 2012

US 9,756,835 B1 Pet Memory and Agility Exercise Board Game Sep. 12, 2017

(See Ex. 2.)

19. Since Plaintiff launched its Outward Hound Products in 2005, the company has

followed a defined strategy for positioning its brand, marketing and promoting the products in the

industry and to consumers, and establishing distribution channels. Plaintiff’s promotional efforts

of its Outward Hound Products include, by way of example but not limitation, substantial print

media, the outwardhound.com and social media websites, point-of-sale materials, and exhibition

booths at international trade shows such as Global Pet Expo, Interzoo (the world’s biggest trade

fair for pet supplies), and Superzoo (North America’s largest pet retail event). Plaintiff has

expended substantial time, money, and other resources in advertising and otherwise promoting its

Outward Hound Products.

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20. The superiority of the Outward Hound Products’ innovative designs have been

recognized by the industry, including recognition as Vendor of the Year 2022 from Pet Supplies

Plus, and numerous recognitions and award for Plaintiff’s Nina Ottosson brand, such as from Pet

Age (2017 Industry Icon Award; 2015 Women of Influence Award), and the Pet Business Industry

Recognition Awards (2020 Best Interactive Cat Toy).

21. Plaintiff’s Outward Hound Products are distributed and sold to consumers

throughout the world, including in the United States and Florida through authorized retailers,

various affiliates, and the http://outwardhound.com website.

22. The Outward Hound Products have become enormously popular, driven by

Plaintiff’s arduous quality standards and innovative designs. Plaintiff’s Outward Hound Products

are known for their distinctive designs. These designs are broadly recognized by consumers as

being sourced from Plaintiff. Products fashioned after these designs are associated with the quality

and innovation that the public has come to expect from the Outward Hound Products. Plaintiff

uses these designs in connection with the Outward Hound Products, including, but not limited to,

the Outward Hound IP.

23. Plaintiff is the official source of the Outward Hound Products, which include

innovative dog games, dog toys, and slow feeder dog bowls, and single & limited-ingredient dog

treats, beds for dogs and cats, and games and toys for cats, utilizing the Outward Hound IP,

including:

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Hide A Squirrel® Squeaky Plush Toy

(U.S. TM Reg. No. 3,278,965)

Fun Feeder® Slow Bowl

(U.S. TM Reg. No. 5,412,084; at least U.S. Pat. No. D699,009 S)

Tower of Tracks® Cat Toy, Multi

(U.S. TM Reg. No. 5,428,383)

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Fun Feeder® Interactive Dog Bowl

(at least U.S. Pat. No. D705,999 S)

Fun Feeder® Interactive Dog Bowl

(at least U.S. Pat. No. D706,000 S)

Fun Feeder Slo Bowl® Slow Feeder Dog Bowl

(at least U.S. Pat. No. D706,001 S)

Fun Feeder® Interactive Dog Bowl

(at least U.S. Pat. No. D706,494 S)

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Pet Game Board Detail and Board Game

(at least U.S. Pat. No. US 8,316,804)

Pet Game Board Detail and Board Game

(at least U.S. Pat. No. US 8,316,804)

Pet Memory and Agility Exercise Board

(at least U.S. Pat. No. US 9,756,835)

THE DEFENDANTS

24. Defendants are individuals and business entities who, upon information and belief,

reside mainly in the People’s Republic of China or other foreign jurisdictions. Defendants conduct

business throughout the United States, including within Florida and in this Judicial District,

through the operation of the fully interactive commercial websites and online marketplaces

operating under the Defendant Internet Stores. Each Defendant targets the United States, including

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Florida, and has offered to sell and, on information and belief, has sold and continues to sell

infringing Outward Hound Products to consumers within the United States, including Florida and

in this Judicial District.

DEFENDANTS’ UNLAWFUL CONDUCT

25. The success of the Outward Hound Products has resulted in a significant number

of products that infringe the Outward Hound IP.

26. Plaintiff has identified numerous Defendant Internet Stores linked to fully

interactive websites and marketplace listings on platforms such as Alibaba, Amazon, DHgate,

eBay, Shein, Temu, and Walmart. These Defendant Internet Stores offer for sale, sell, and import

Infringing Products to consumers in this Judicial District and throughout the United States.

27. Defendants have persisted in creating such online marketplaces and internet stores,

like the Defendant Internet Stores. In fact, such online marketplaces and stores are estimated to

receive tens of millions of visits per year and to generate over $135 billion in annual online sales.

According to an intellectual property rights seizures statistics report issued by the United States

Department of Homeland Security, the manufacturer’s suggested retail price of goods seized by

the U.S. government in fiscal year 2021 was over $3.3 billion. Internet websites like the Defendant

Internet Stores are also estimated to contribute to tens of thousands of lost jobs for legitimate

businesses and broader economic damages such as lost tax revenue every year.

28. On personal knowledge and belief, Defendants facilitate sales by designing the

Defendant Internet Stores so that they appear to unknowing consumers to be authorized online

retailers, outlet stores, or wholesalers selling genuine Outward Hound Products. Many of the

Defendant Internet Stores look sophisticated and accept payment in U.S. dollars via credit cards,

Western Union, and PayPal. Defendant Internet Stores often include images and design elements

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that make it very difficult for consumers to distinguish such counterfeit sites from an authorized

website.

29. Defendants further perpetuate the illusion of legitimacy by offering “live 24/7”

customer service and using indicia of authenticity and security that consumers have come to

associate with authorized retailers, including the McAfee® Security, VeriSign®, Visa®,

MasterCard®, and PayPal® logos.

30. Plaintiff has not licensed or authorized Defendants to use the Outward Hound IP

and none of the Defendants is an authorized retailer of genuine Outward Hound Products.

31. On personal knowledge and belief, Defendants also deceive unknowing consumers

by using the Outward Hound Trademarks without authorization within the product descriptions,

content, text, and/or meta tags of their websites to attract various search engines crawling the

Internet looking for websites relevant to consumer searches for Outward Hound Products.

Additionally, upon information and belief, Defendants use other unauthorized search engine

optimization (“SEO”) tactics and social media spamming so that the Defendant Internet Stores

listings show up at or near the top of relevant search results and misdirect consumers searching for

genuine Outward Hound Products. Further, Defendants utilize similar illegitimate SEO tactics to

propel new internet storefront listings to the top of search results after others are shut down. As

such, Plaintiff also seeks to disable the Defendant Internet Stores owned and/or operated by

Defendants that are the means by which the Defendants could continue to sell Infringing Products

into this Judicial District.

32. On personal knowledge and belief, Defendants have targeted sales to Florida

residents by setting up and operating e-commerce stores that target United States consumers using

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one or more seller aliases, offer shipping to the United States, including Florida, accept payment

in U.S. dollars and have sold Infringing Products to residents of Florida.

33. On information and belief, Defendants go to great lengths to conceal their identities

and often use multiple fictitious names and addresses to register and operate their massive network

of Defendant Internet Stores. For example, it is common practice for infringers to register their

Defendant Internet Stores with incomplete information, randomly typed letters, or omitted cities

or states, as Defendants here have done.

34. On personal knowledge and belief, Defendants regularly create new websites and

online marketplace accounts on various platforms using the identities listed in Schedule A to the

Complaint, as well as other unknown fictitious names and addresses. Such Defendant Internet

Store registration patterns are one of the common tactics used by Defendants to conceal their

identities, the full scope and interworking of their massive e-commerce operations, and to avoid

being shut down.

35. On personal knowledge and belief, even though Defendants operate under multiple

fictitious names, there are numerous similarities among the Defendant Internet Stores. For

example, some of the Defendant Internet Stores have virtually identical layouts, even though

different aliases were used to register the Defendant Internet Stores.

36. The Defendant Internet Stores also include other notable common features,

including accepted payment methods, check-out methods, meta data, illegitimate SEO tactics,

HTML user-defined variables, domain redirection, lack of contact information, identically or

similarly priced items and volume sales discounts, similar hosting services, similar name servers,

and the use of the same text and images.

37. In addition to operating under multiple fictitious names, Defendants in this case and

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defendants in other similar cases against online counterfeiters use a variety of other common tactics

to evade enforcement efforts. For example, infringers like Defendants will often register new

online marketplace accounts under User Accounts once they receive notice of a lawsuit. 2

38. Infringers also often move website hosting to rogue servers located outside the

United States once notice of a lawsuit is received. Rogue servers are notorious for ignoring take

down demands sent by brand owners. 3

39. Further, infringers such as Defendants typically operate multiple credit card

merchant accounts as well as e-commerce accounts, such as PayPal, behind layers of payment

gateways so that they can continue operation in spite of Plaintiff’s enforcement efforts.

40. On personal knowledge and belief, Defendants maintain off-shore bank accounts

and regularly move funds from their e-commerce, PayPal, and other financial accounts to off-shore

bank accounts outside the jurisdiction of this Court. Indeed, analysis of PayPal transaction logs

from previous similar cases indicates that offshore counterfeiters regularly move funds from U.S.-

based PayPal accounts to foreign-based bank accounts outside the jurisdiction of this Court.

41. Defendants, without any authorization or license from Plaintiff, have knowingly

and willfully used and continue to use the Outward Hound IP in connection with the advertisement,

distribution, offering for sale, and sale of Infringing Products into the United States and Florida

over the Internet.

2
See https://www.ice.gov/news/releases/buyers-beware-ice-hsi-and-cbp-boston-warn-consumers-
about-counterfeit-goods-during (noting counterfeiters are “very adept at setting up online stores to
lure the public into thinking they are purchasing legitimate good on legitimate websites”) (last
visited November 15, 2024).
3
While discussed in the context of false pharma supply chains, rogue internet servers and sellers
are a well-known tactic that have even been covered in congressional committee hearings. See
https://www.govinfo.gov/content/pkg/CHRG-113hhrg88828/html/CHRG-113hhrg88828.htm
(last visited November 15, 2024).
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42. Each Defendant Internet Store offers shipping to the United States, including

Florida (in this Judicial District) and, on information and belief, each Defendant has offered to sell

Infringing Products into the United States, including Florida (in this Judicial District), which is

likely to cause and has caused confusion, mistake, and deception by and among consumers and is

irreparably harming Plaintiff.

43. Prior to and contemporaneous with their infringing actions alleged herein,

Defendants had knowledge of (i) Plaintiff’s ownership of the Outward Hound IP, (ii) the fame and

incalculable goodwill associated therewith, and (iii) the popularity and success of the Outward

Hound Products. Defendants in bad faith proceeded to manufacture, market, develop, offer to be

sold, and/or sell the Infringing Products.

44. Defendants have been engaging in the infringing actions, as alleged herein,

knowingly and intentionally, or with reckless disregard or willful blindness to Plaintiff’s rights, or

in bad faith, for the purpose of trading on the goodwill and reputation of Plaintiff and the Outward

Hound Products.

FIRST CAUSE OF ACTION

TRADEMARK INFRINGEMENT AND COUNTERFEITING (15 U.S.C. § 1114)

45. Plaintiff hereby re-alleges and incorporates by reference herein the allegations set

forth in paragraphs 1–44 of this Complaint.

46. This is a trademark infringement action against Defendants based on their

unauthorized use in commerce of Plaintiff’s registered trademarks, Registration Nos. 2,709,593;

3,278,965; 5,412,084; or 5,428,383 (the Outward Hound Trademarks), in connection with the sale,

offering for sale, distribution, and/or advertising of Infringing Products. The Outward Hound

Trademarks are highly distinctive marks. Consumers have come to expect the highest quality from

Plaintiff’s products provided under the Outward Hound Trademarks.

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47. Defendants have sold, offered to sell, marketed, distributed, and advertised, and are

still selling, offering to sell, marketing, distributing, and advertising products in connection with

the Outward Hound Trademarks without Plaintiff’s permission.

48. Plaintiff is the registered owner of the Outward Hound Trademarks. The United

States Registrations for the Outward Hound Trademarks (Exhibit 1) are in full force and effect.

Upon information and belief, Defendants have knowledge of Plaintiff’s rights in the Outward

Hound Trademarks and are willfully infringing the Outward Hound Trademarks. Defendants’

willful, intentional, and unauthorized use of the Outward Hound Trademarks is likely to cause and

is causing confusion, mistake, and deception as to the origin and quality of the counterfeit goods

among the general public.

49. Defendants’ activities constitute willful trademark infringement and counterfeiting

under 15 U.S.C. §§ 1114, 1117.

50. The injuries and damages sustained by Plaintiff have been directly and proximately

caused by Defendants’ wrongful reproduction, use, advertisement, promotion, offering to sell, and

sale of counterfeit Outward Hound Products.

51. Plaintiff has no adequate remedy at law, and, if Defendants’ actions are not

enjoined, Plaintiff will continue to suffer irreparable harm to its reputation and the goodwill of its

well-known Outward Hound Trademarks.

SECOND CAUSE OF ACTION

DESIGN PATENT INFRINGEMENT (35 U.S.C. § 271)

52. Plaintiff hereby re-alleges and incorporates by reference herein the allegations set

forth in paragraphs 1–44 of this Complaint.

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53. Defendants are and have been making, using, selling, offering for sale, and/or

importing into the United States for subsequent sale or use, without authority, Infringing Products

that infringe directly and/or indirectly the Design Patents.

54. For example, below is a comparison of figures from Plaintiff’s Design Patents and

images of one of Defendants’ Infringing Products sold on a Defendant Internet Store.

Figures from U.S. Pat. No. D706,494 S

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Exemplary Infringing Product Sold on Defendant Internet Store (DOE 62)

55. Defendants’ activities constitute willful patent infringement under 35 U.S.C. § 271.

56. Defendants have infringed the Design Patents through the aforesaid acts and will

continue to do so unless enjoined by this Court. Defendants’ wrongful conduct has caused Plaintiff

to suffer irreparable harm resulting from the loss of its lawful patent rights to exclude others from

making, using, selling, offering for sale, and importing its patented designs. Plaintiff is entitled to

injunctive relief pursuant to 35 U.S.C. § 283.

57. Plaintiff is entitled to recover damages adequate to compensate for the infringement

pursuant to 35 U.S.C. §§ 284, 289, including Defendants’ profits.

THIRD CAUSE OF ACTION

UTILITY PATENT INFRINGEMENT (35 U.S.C. § 271)

58. Plaintiff hereby re-alleges and incorporates by reference herein the allegations set

forth in paragraphs 1–44 of this Complaint.

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59. Defendants are manufacturing, distributing, offering for sale, selling, and/or

importing into the United States, unauthorized products which directly or indirectly infringe the

Utility Patents both literally and under the doctrine of equivalents.

60. Defendants, without any authorization or license from Plaintiffs, have knowingly

and willfully used and continue to use the Utility Patents in connection with the advertisement,

distribution, offering for sale, and sale of Infringing Products into the United States and Florida

over the Internet.

61. For instance, two examples of Defendants’ infringement of claims of the Utility

Patents are described below:

US Patent No. 8,316,804 Defendant’s Infringing Product

Claim 1 (DOE 1)

A pet board game including a

game board comprising:

a plurality of spaced apart

tracks wherein, within each
of said tracks there are two
first cavities and a second
cavity in between said first
cavities extending below
each of said tracks;

two game covers being

movably arranged along
and engaging each of said
tracks to facilitate covering
each one of said cavities;
and

at least one pet board game

detail having a body fitting
into each of said tracks,

wherein said body has a

height, a width and a length
arranged to be gripable by

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the mouth of a pet, said

game covers comprising a
body or body portion
having outer walls
comprising outer wall
portions, a lower end and a
top end, said body or body
portion being arranged with
an inwardly protruding
void to form an open space
within said body or body
portion, wherein said void
is formed by having a main
portion of the total area
exposed by said outer walls
provided by wall portions
having a limited wall
thickness, and formed from
a durable and washable
polymeric material, and
wherein said outer wall
portions converge inwardly
in a direction from said
lower end toward the top
end.

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US Patent No. 9,756,835 Defendant’s Infringing Product

Claim 1 (DOE 7)

A multi-layered pet memory

and agility exercise board
game with a plurality of inset
tracks with compartments
therein, a slidable top, and
moveable blocks comprising:

a) A first plastic base piece

with grooved tracks and
inset compartments within
the tracks, and which is
attached via snap fit to a
second plastic base piece
with grooved track
openings;

b) A plurality of moveable
circular blocks with holes
in each center for treat
insertion and for sliding
said blocks within a track
and a track opening in the
base pieces;

c) Indented compartments in
the tracks to allow kibble
or treats to be inserted
therein and be covered by
the blocks;

d) A top spinning piece which

slidably rotates on an axis
to either impede or allow
movement within the
grooved tracks via a notch
in one side of the top piece;

e) At least three fin pieces

which slidably rotate on an
axis to conceal treats
inserted in a track groove,

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and which fins may be

alternately positioned to
prevent the top spinning
piece from moving; and

f) Rubber or non-slip material

feet located on the
underside of the first base
piece to prevent the board
game from sliding, and
wherein the non-slip
material covers screws
which attach the feet to the
base.

62. Defendants have infringed the Utility Patents through the aforesaid acts and will

continue to do so unless enjoined by this Court. Defendants’ wrongful conduct has caused

Plaintiffs to suffer irreparable harm resulting from the loss of their lawful patent rights to exclude

others from manufacturing, distributing, selling, offering for sale, and/or importing the patented

inventions as well as the loss of sales stemming from the infringing acts. Plaintiffs are entitled to

injunctive relief pursuant to 35 U.S.C. § 283. Unless a preliminary and permanent injunction is

issued enjoining Defendants and all others acting in concert therewith from infringing the Utility

Patents, Plaintiffs will continue to be irreparably harmed.

63. Defendants’ infringement of the Utility Patents in connection with the Infringing

Products has been and continues to be willful.

64. Based on Defendants’ wrongful conduct, Plaintiffs are entitled to injunctive relief

as well as monetary damages and other remedies as provided by the Patent Act, including

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recovering damages adequate to compensate for the infringement, as well as Defendants’ profits

pursuant to 35 U.S.C. § 289, and any other damages as appropriate pursuant to 35 U.S.C. § 284.

FOURTH CAUSE OF ACTION

FALSE DESIGNATION OF ORIGIN (15 U.S.C. § 1125(a))

65. Plaintiff hereby re-alleges and incorporates by reference herein the allegations set

forth in paragraphs 1–44 of this Complaint.

66. Defendants’ promotion, marketing, offering for sale, and sale of Infringing

Products has created and is creating a likelihood of confusion, mistake, and deception among the

general public as to the affiliation, connection, or association with Plaintiff or the origin,

sponsorship, or approval of Defendants’ Infringing Products by Plaintiff.

67. By using the Outward Hound Trademarks in connection with the sale of Infringing

Products, Defendants create a false designation of origin and a misleading representation of fact

as to the origin and sponsorship of the Infringing Products.

68. Defendants’ conduct constitutes willful false designation of origin and

misrepresentation of fact as to the origin and/or sponsorship of the Infringing Products to the

general public under 15 U.S.C. §§ 1114, 1125.

69. Plaintiff has no adequate remedy at law, and, if Defendants’ actions are not

enjoined, Plaintiff will continue to suffer irreparable harm to its reputation and the goodwill of its

brand.

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PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment on all Counts of this Complaint and an award

of equitable and monetary relief against Defendants as follows:

1. That Defendants, their affiliates, officers, agents, servants, employees, attorneys,

confederates, and all persons acting for, with, by, through, under, or in active concert with them

be temporarily, preliminarily, and permanently enjoined and restrained from:

a. making, using, offering for sale, selling, and/or importing into the United

States for subsequent sale or use any products not authorized by Plaintiff and that include any

reproduction, copy or colorable imitation of the design claimed in the Outward Hound IP, and

specifically in the Outward Hound Patents;

b. further infringing the Outward Hound IP and damaging Plaintiff’s goodwill;

c. aiding, abetting, contributing to, or otherwise assisting anyone in infringing

upon the Outward Hound IP;

d. using the Outward Hound Trademarks or any reproductions, counterfeit

copies, or colorable imitations thereof in any manner in connection with the distribution,

marketing, advertising, offering for sale, or sale of any product that is not a genuine Outward

Hound Product or is not authorized by Plaintiff to be sold in connection with the Outward Hound

Trademarks;

e. passing off, inducing, or enabling others to sell or pass off any product as a

genuine Outward Hound Product or any other product produced by Plaintiff that is not Plaintiff’s

or not produced under the authorization, control, or supervision of Plaintiff and approved by

Plaintiff for sale under the Outward Hound Trademarks;

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f. committing any acts calculated to cause consumers to believe that

Defendants’ Infringing Products are those sold under the authorization, control, or supervision of

Plaintiff, or are sponsored by, approved by, or otherwise connected with Plaintiff;

g. further infringing the Outward Hound Trademarks and damaging Plaintiff’s

goodwill;

h. otherwise competing unfairly with Plaintiff in any manner;

i. shipping, delivering, holding for sale, transferring, or otherwise moving,

storing, distributing, returning, or otherwise disposing of, in any manner, products or inventory

not manufactured by or for Plaintiff, nor authorized by Plaintiff to be sold or offered for sale, and

which infringe on the Outward Hound IP;

j. using, linking to, transferring, selling, exercising control over, or otherwise

owning any online marketplace accounts, the Defendant Internet Stores, or any other domain name

or online marketplace account that is being used to sell or is the means by which Defendants could

continue to sell Infringing Products;

k. operating and/or hosting websites at the Defendant Internet Stores that are

involved with the distribution, marketing, advertising, offering for sale, or sale of any product

infringing on the Outward Hound IP or any reproduction, counterfeit copy, or colorable imitation

thereof that is not a genuine Outward Hound Product or not authorized by Plaintiffs to be sold in

connection with the Outward Hound IP; and

l. effecting assignments or transfers, forming new entities or associations or

utilizing any other device for the purpose of circumventing or otherwise avoiding the prohibitions

set forth in Subparagraphs (a) through (k).

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2. Entry of an Order that the Marketplace Platforms, including without limitation

Alibaba, Amazon, DHgate, eBay, Shein, Temu, and Walmart, and any other online marketplace

account through which Defendants are selling Infringing Products:

a. disable and cease providing services for any accounts through which

Defendants sell Infringing Products, including any accounts associated with the Defendants listed

on Schedule A;

b. disable and cease displaying any advertisements used by or associated with

Defendants in connection with their sale of Infringing Products; and

c. take all steps necessary to prevent links to the Defendant Internet Stores

identified on Schedule A from displaying in search results, including, but not limited to, removing

links to the Defendant Internet Stores from any search index.

3. That Plaintiff be awarded such damages as it shall prove at trial against Defendants

that are adequate to compensate Plaintiff for Defendants’ infringement of the Outward Hound

Patents, but in no event less than a reasonable royalty for the use made of the invention by the

Defendants, together with interest and costs, pursuant to 35 U.S.C. § 284;

4. That the amount of damages awarded to Plaintiff to compensate Plaintiff for

infringement of Plaintiff’s Outward Hound Patents be increased by three times the amount thereof,

as provided by 35 U.S.C. § 284;

5. In the alternative, that Plaintiff be awarded all profits realized by Defendants from

Defendants’ infringement of Plaintiff’s Outward Hound Patents, pursuant to 35 U.S.C. § 289;

6. That Defendants account for and pay to Plaintiff all profits realized by Defendants

by reason of Defendants’ unlawful acts herein alleged, and that the amount of damages for

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infringement of the Outward Hound Trademarks be increased by a sum not exceeding three times

the amount thereof as provided by 15 U.S.C. § 1117;

7. In the alternative, that Plaintiff be awarded statutory damages of not less than

$1,000 and not more than $2,000,000 for each and every use of the Outward Hound Trademarks

and statutory damages pursuant to 15 U.S.C. § 1117(c);

8. That Plaintiff be awarded their reasonable attorneys’ fees and costs; and

9. Any and all other relief that this Court deems just and proper.

Dated: November 19, 2024 BOIES, SCHILLER & FLEXNER LLP

/s/ Nicole Fundora

Nicole Fundora (FL Bar No. 1010231)
100 SE 2nd Street
Suite 2800
Miami, Florida 33131
Tel: (305) 539-8400
[email protected]

Attorney for Plaintiff The Kyjen Company, LLC

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