Case 1:14-cv-01264 Doc #1 Filed 12/09/14 Page 1 of 9 Page ID#1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
COMFORT RESEARCH, LLC,
Plaintiff,
Case No:
v.
ACE BAYOU CORPORATION,

Judge:

Defendant.
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, COMFORT RESEARCH, LLC ("PLAINTIFF" or "COMFORT
RESEARCH"), by and through its undersigned counsel, for its Complaint against
Defendant, ACE BAYOU CORPORATION ("DEFENDANT" or "ACE") states the
following. Allegations made on information and belief are premised on the belief that the
same are likely to have evidentiary support after a reasonable opportunity for further
investigation and discovery.
NATURE OF THE CASE
1.

This is an action for patent infringement under the Patent Laws of the

United States, 35 U.S.C. 1, et seq. ("Federal Patent Act").

2.

This is also an action for copyright infringement under the Federal

Copyright Act of 1976, as amended, 17 U.S.C. 101, et seq. ("Federal Copyright Act").

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3.

ACE, manufactures, offers to sell, and sells, without authorization, either

express or implied, from COMFORT RESEARCH, a frameless chair in direct violation

of The Federal Patent Act and The Federal Copyright Act among others.
4.

COMFORT RESEARCH seeks injunctive and monetary relief to the

fullest extent possible under The Federal Patent Act, The Federal Copyright Act, as well
as any such other relief as the equities of the case may require and as this Court may
deem just and proper.
PARTIES
5.

COMFORT RESEARCH, LLC is a Michigan limited liability company

having a principal place of business at 1719 Elizabeth Avenue NW, Grand Rapids,
Michigan 49504.
6.

Upon information and belief ACE BAYOU CORPORATION is a

corporation organized under the laws of Louisiana, having a principal place of business at
3700 Desire Parkway, New Orleans, Louisiana 70126.
JURISDICTION AND VENUE
7.

This Court has original jurisdiction over the subject matter by virtue of at

least one of 28 U.S.C. 1331, 1338(a), and 1338(b).

8.

This Court has personal jurisdiction over ACE, and venue is proper in this

judicial district pursuant to at least one of 28 U.S.C. 1391(b)(2), 1391(c), 1400(a), and
1400(b). Upon information and belief ACE is actively doing business in this judicial
district, and/or has committed certain acts of patent infringement and copyright
infringement in this judicial district. ACE makes, distributes, offers for sale, and/or sells
frameless chairs in the State of Michigan. ACE is subject to the personal jurisdiction of

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this Court and is amenable to service of process pursuant to the Michigan long-arm
statute, MI ST 600.705 (2003), and Fed. R. Civ. P. 4(e). Requiring ACE to respond to
this action will not violate due process.
BACKGROUND
9.

COMFORT RESEARCH is, among other things, a world leader in the

innovation, design, and manufacture of frameless furniture. COMFORT RESEARCH

manufactures, distributes, and sells its frameless beanbag chairs, loungers, loveseats, and
pet beds to companies and end users around the world.
10.

COMFORT RESEARCH is actively philanthropic both locally and

nationally donating thousands of chairs, as well as proceeds from the sales of chairs, to
organizations such as Grand Rapids Urban Oasis, The Wounded Warrior Project,
Sunshine on a Ranney Day, the Children's Hospital of Los Angeles, and East Jefferson
YMCA of New Orleans just to name a few.
11.

Prior to May 8, 2014, Daniel C. George II and Matthew Jung conceived of

a new frameless chair that is now known as the Milano Chair.

12.

On October 28, 2014, the United States Patent and Trademark Office duly

and legally issued U.S. Design Patent No. D716,064 S ("the '064 patent"), entitled
"Milano Chair" to Daniel C. George II and Matthew Jung. (See Exhibit A.)
13.

All rights in the '064 patent have been assigned to Comfort Research,

14.

Comfort Research, LLC is the sole owner of the '064 patent and has the

LLC.

right to enforce and recover damages for infringement of the '064 patent.

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15.

The United States Copyright Office also duly and legally issued U.S.

Registration No. VA 1-933-980 ("the '980 registration"), entitled "Big Joe Milano" to
Comfort Research, LLC.
16.

In an improper attempt to unlawfully profit from the goodwill and

charitable missions of COMFORT RESEARCH, ACE has begun selling a frameless

chair that infringes COMFORT RESEARCH's intellectual property associated with its
now famous Big Joe Milano Chair in direct violation of The Federal Patent Act, and The
Federal Copyright Act among others.
COUNT I PATENT INFRINGEMENT OF
U.S. DESIGN PATENT NO. D716,064 BY ACE
17.

Plaintiff restates and incorporates by reference herein paragraphs 1-16.

18.

ACE makes or has made, uses, offers to sell and/or sells one or more

frameless chairs (e.g., the chairs sold at Walmart Stores, Inc. having the UPC code
094338979725 from lot number 20140625C) which infringe upon one or more claims of
the '064 patent in this judicial district and elsewhere in the United States in violation of
35 U.S.C. 271.
19.

Infringement of the '064 patent by ACE has caused, and will continue to

cause, COMFORT RESEARCH to suffer damages, including, but not limited to, lost
sales, lost profits, lost royalties and/or price erosion in an amount to be determined by the
trier of fact.
20.

Furthermore, the recent recall of nearly 2.2 million of ACE's chairs due

the death of two children from the lack of a permanent zipper closure, causes further
harm to COMFORT RESEARCH as there have been multiple occasions where confused

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consumers contact COMFORT RESEARCH asking about the recall because of the
confusingly similar frameless chairs sold by ACE.
21.

Unless restrained and enjoined by this Court, ACE will continue to

infringe the '064 patent, resulting in substantial, continuing and irreparable damages to
COMFORT RESEARCH.
22.

The actions of ACE are "exceptional" within the meaning of 35 U.S.C.

285.
COUNT II COPYRIGHT INFRINGEMENT OF
U.S. REGISTRATION NO. VA 1-933-980 BY ACE
23.

Plaintiff restates and incorporates by reference herein paragraphs 1-22.

24.

COMFORT RESEARCH is a business which, among other things, designs

and manufactures innovative and distinct frameless chairs.

25.

Each new line of COMFORT RESEARCH's chairs and its associated

photographs are original works subject to copyright protection under United States Law.
26.

At least as early as May 8, 2014, COMFORT RESEARCH designed,

photographed, and implemented the Big Joe Milano chair.

27.

COMFORT RESEARCH is the owner of all right, title, and interest in and

copyrights to U.S. Registration No. VA 1-933-980 (Big Joe Milano).

28.

Big Joe Milano comprises an original work of authorship fixed in a

tangible medium of expression within the meaning of the Copyright Act of 1976 17
U.S.C. 101 et seq., as amended. Therefore, it constitutes copyrightable subject matter
under the laws of the United States.

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29.

COMFORT RESEARCH believes, and therefore alleges, that ACE has

knowingly and willfully copied and continues to copy the Big Joe Milano.
30.

COMFORT RESEARCH believes, and therefore alleges, that ACE has

sold and continues to sell substantial quantities of chairs continuing to copy from
COMFORT RESEARCH.
31.

As a direct and proximate result of the ACE's acts of infringement,

COMFORT RESEARCH has suffered and will continue to suffer, irreparable injury.
32.

The DEFENDANT's conduct is causing and, unless enjoined and

permanently restrained by this Court, will continue to cause COMFORT RESEARCH

great and irreparable injury that cannot be fully compensated or measured in money.
COMFORT RESEARCH has no adequate remedy at law.
33.

COMFORT RESEARCH is entitled to recover all damages suffered as a

result of the ACE's wrongful acts, including but not limited to profits obtained by the
DEFENDANT as a result of their wrongful acts and the loss of profits sustained by
COMFORT RESEARCH. In the alternative, COMFORT RESEARCH is entitled to
recover statutory damages in an amount to be determined by the Court. COMFORT
RESEARCH is also entitled to recover all reasonable attorney's fees, court costs and
interest on said damages from the date of DEFENDANT's infringement.

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PRAYER FOR RELIEF

WHEREFORE COMFORT RESEARCH respectfully demands judgment against
ACE as follows:
A.

Declaring that ACE has infringed the '064 patent;

B.

Pursuant to 35 U.S.C. 283, permanently enjoining and restraining ACE

and its officers, agents, servants, employees, attorneys, and those persons in active
concert or participation with them, from further acts of infringement of the '064 patent;
C.

Pursuant to 35 U.S.C. 284, awarding to COMFORT RESEARCH

damages, including lost profits, together with prejudgment interest, post judgment
interest, and costs, adequate to compensate COMFORT RESEARCH for ACE's acts of
infringement of the '064 patent;
D.

Declaring that ACE's infringement has been willful and this is an

exceptional case pursuant to 35 U.S.C. 285 and awarding COMFORT RESEARCH

treble damages and reasonable attorneys' fees against ACE for infringement of the '064
patent;
E.

Declaring that ACE has infringed one or more copyrights of COMFORT

RESEARCH;
F.

Preliminarily and permanently restrain and enjoin ACE from further

infringement of COMFORT RESEARCH's copyright;

G.

Order the impoundment and destruction of all infringing works;

H.

Order ACE to pay damages adequate to compensate COMFORT

RESEARCH for the acts of copyright infringement by ACE and ACE's profits from its
sales of goods in violation of the law as described in this Complaint;

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I.

Order ACE to pay statutory damages, pursuant to 17 U.S.C. 504 for

willful infringement;
J.

Order ACE to pay COMFORT RESEARCH's expenses, interest, and costs

including reasonable attorney's fees, pursuant 17 U.S.C. 505;

K.

Declaring that ACE has infringed at least one of the patent, and copyright

of COMFORT RESEARCH;
L.

Preliminarily and permanently restrain and enjoin ACE from further

infringement of COMFORT RESEARCH's patent and copyright;

M.

Order ACE to pay damages adequate to compensate COMFORT

RESEARCH for the acts of patent and/or copyright infringement by ACE and ACE's
profits from its sales of goods in violation of the law as described in this Complaint;
N.

Order ACE to pay all applicable statutory damages including exceptional

and/or treble damages;

O.

Order ACE to pay COMFORT RESEARCH's expenses, interest, and costs

including reasonable attorney's fees;

P.

Order ACE to pay COMFORT RESEARCH for rehabilitative advertising

and price point restoration; and

Q.

Awarding COMFORT RESEARCH such other and further relief as the

Court deems just and proper.

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JURY TRIAL DEMAND

COMFORT RESEARCH, LLC respectfully demands a trial by jury on all issues
so triable.
Respectfully submitted,
COMFORT RESEARCH, LLC

Dated: December 9, 2014

/William L. King III/

By: One of the Attorneys for Plaintiff

William L. King III

KING & PARTNERS, PLC
170 College Avenue, Suite 230
Holland, Michigan 49423
T: 616.355.0400
F: 616.355.9862

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Exhibit A

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Exhibit A

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Exhibit A

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Exhibit A

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Exhibit A

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Exhibit A

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Exhibit A

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Exhibit A

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JS 44 (Rev. 12/12)

CIVIL COVER SHEET

The 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 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. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

COMFORT RESEARCH, LLC

ACE BAYOU CORPORATION

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

Kent

(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:

(IN U.S. PLAINTIFF CASES ONLY)

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

Attorneys (If Known)

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

King & Partners, PLC
170 College Avenue, Suite 230
Holland, Michigan 49423

II. BASIS OF JURISDICTION (Place an X in One Box Only)

1

U.S. Government
Plaintiff

Federal Question
(U.S. Government Not a Party)

U.S. Government
Defendant

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only)
PTF
Citizen of This State
1

DEF
1

and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

Citizen of Another State

Incorporated and Principal Place

of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

625 Drug Related Seizure

of Property 21 USC 881
690 Other

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

OTHER STATUTES

375 False Claims Act

400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

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

1 Original
Proceeding

2 Removed from
State Court

Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District
(specify)

6 Multidistrict
Litigation

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

35 USC 1 et seq.

VI. CAUSE OF ACTION Brief description of cause:

patent infringement, copyright infringement

CHECK IF THIS IS A CLASS ACTION

VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:

Yes
No
JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/William L. King III/ (P59098)

12/09/2014
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

Print

APPLYING IFP

Save As...

JUDGE

MAG. JUDGE

Reset

JS 44 Reverse (Rev. 12/12)

Case 1:14-cv-01264 Doc #1-2 Filed 12/09/14 Page 2 of 2 Page ID#19

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

(b)

(c)

Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
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 the
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 land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
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 "X"
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 amendment
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 takes
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 diversity
cases.)

III.

Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
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, is
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 than
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 filing
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 or
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 1407.
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 jurisdictional
statutes 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.