Landscape Forms v. Anova - Complaint

Case 1:16-cv-00936 ECF No. 1 filed 07/25/16 PageID.
1 Page 1 of 17
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF MICHIGAN
LANDSCAPE FORMS, INC.

Plaintiff.
CIVIL ACTION NO.:
-vANOVA FURNISHINGS, INC.
Defendant.
COMPLAINT
NOW COME Plaintiff, Landscape Forms, Inc., by and through its attorneys, Lewis,
Reed & Allen, P.C. and Heslin Rothenberg Farley & Mesiti, P.C., and for their Complaint
against Defendant, Anova Furnishings, Inc. (Anova), states as follows:
PARTIES
1.
Plaintiff, Landscape Forms, Inc. (LFI or Landscape Forms), is a corporation
organized and existing under the laws of the State of Michigan, with its principal place of
business at 7800 E. Michigan Avenue, Kalamazoo, Michigan 49048.
2.
Defendant, Anova Furnishings, Inc. (Anova), is a corporation organized and
existing under the laws of the State of Missouri, with its principal place of business at 211
North Lindbergh Boulevard, St. Louis, Missouri 63141.
JURISDICTION AND VENUE
3.
This Action arises under the patent laws of the United States, Title 35 of the
United States Code, 35 U.S.C. 271, et seq.
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Case 1:16-cv-00936 ECF No. 1 filed 07/25/16 PageID.2 Page 2 of 17
4.
Jurisdiction over the subject matter of this action is conferred upon this Court by
28 U.S.C. 1331 and 1338. This Court also has jurisdiction of the action under 28 U.S.C.
1332, as there is diversity of citizenship between the parties and, upon information and belief,
the amount in controversy exceeds the sum of seventy-five thousand dollars, exclusive of
interest and costs.
5.
This Court has personal jurisdiction over Anova Furnishings, Inc. and venue is
proper in this judicial district pursuant to 28 U.S.C. 1391(b), (c) and 28 U.S.C. 1400(b).
Anova Furnishings, Inc. is actively doing business in this judicial district, and has committed
certain acts of patent infringement in this judicial district.
6.
This is an action for willful infringement of the design patents, which are more
fully described herein. The design patents protect the ornamental designs of benches and
receptacles that are sold by LFI.
FACTUAL BACKGROUND
LFIs Designs and Patents
7.
LFI is a U.S. manufacturer and seller of unique and innovative, high-end
outdoor site furnishings, including, inter alia, outdoor furniture, amenities and lighting.
8.
LFI has taken steps over the years to protect its innovative products. For
example, LFI has filed and been issued numerous design patents to protect its valuable
intellectual property in its designs for its innovative outdoor site furnishings, including outdoor
furniture, amenities and lighting.
9.
LFI is the owner of the following U.S. Design Patents (collectively LFI Design
Patents).
Design Patent No.
D489502
D481507
D472357
{H0641638.4}
Title
Trash Receptacle
Trash Receptacle
Trash Receptacle
2
LFI Product
Chase Park
Chase Park
Chase Park
D528831
D532630
D534021
Bench
Bench
Bench
Park Vue
Park Vue
Park Vue
Defendants Infringing Activities

10.
The present lawsuit arises from Defendants infringement of LFIs Park Vue and
Chase Park designs, to which LFI owns design patent rights, by certain of Defendants products
(Infringing Products), exemplars of which are shown below.
11.
Anova has, without authority or license from LFI, made, used, offered to sell,
sold or imported into the United States products that infringe one or more of the LFI Design
Patents. The infringing products include, but are not limited to, the Metrix Receptacles and
Exposition Benches.
12.
Anova offers for sale products branded under its Metrix line as its product
numbers L2019, L2019A, L2020, L2020A, L2006, L2007, L2008, & L2009, of the on-line
catalog, accessed on Anovas website at http://www.anovafurnishings.com/ . Attached as
Exhibit A.
13.
In the eye of the ordinary observer, giving such attention as a purchaser usually
gives, Anovas Metrix receptacles so resemble LFIs patented designs so as to deceive such an
ordinary observer and induce him/her to purchase the Metrix receptacle supposing it to be the
LFI design.
{H0641638.4}
14.
Anova offers for sale products branded under its Exposition line as its product
numbers LEXC4, LEXC5, LEXC6, LEXF4, LEXF5, & LEXF6, of the on-line catalog, accessed
on Anovas website at http://www.anovafurnishings.com/ . Attached as Exhibit B.
15.
gives, Anovas Exposition benches so resemble LFIs patented designs so as to deceive such an
ordinary observer and induce him/her to purchase the Exposition bench supposing it to be the
LFI design.
Defendants Predatory Intent
16.
Upon information and belief, for many years, an officer of Anova has made it a
stated goal to imitate LFI designs.

17.
Upon information and belief, an officer of Anova has made statements and made
it known that he deliberately was modeling his business after LFI.

18.
Upon information and belief, Anova and its officers and directors were aware of
LFIs protected designs and the LFI Design Patents, and intentionally imitated LFI.
19.
On November 30, 2012, LFI, through its counsel, sent a cease and desist letter to
Anova advising of LFIs intellectual property rights in and to LFIs receptacle and bench
designs. Anova, through its counsel, acknowledged receipt of this letter on December, 12,
2012. A copy of the November 30, 2012 correspondence and delivery confirmation is attached
hereto as Exhibit C.
20.
Despite this prior notice, Anova recently introduced several new trash
receptacles within its Metrix line that are substantially similar to LFIs intellectual property
rights in and to LFIs receptacles.
{H0641638.4}
21.
LFI is informed and believes and herein alleges that Anova is a competitor and
has intentionally and deliberately copied LFIs designs in an effort to exploit LFIs reputation in
the market.
22.
Upon information and belief, Anova may be selling additional products that
infringe upon LFIs design patents. LFI may seek leave to amend as additional information
becomes available through discovery.
23.
LFI has not granted a license or any other form of permission to Anova with
respect to any of its design patents or other intellectual property.

24.
LFI is informed and believes and herein alleges that Anova has acted in bad
faith.
COUNT I
INFRINGEMENT OF U.S. PATENT NO. D472357
25.
LFI restates and incorporates by reference each of the aforementioned paragraphs
as if fully set forth herein.

26.
On March 25, 2003, the United States Patent and Trademark Office duly issued
U.S. Design Patent No. 472357 S (the 357 Patent) entitled Trash Receptacle to LFI. A true
and accurate copy is attached as Exhibit D.
27.
The 357 Patent has been in force and effect since its issuance. LFI has been at
all times, and still is, the owners of the all right, title and interest into the 357 Patent.
28.
Anova has used, caused to be produced, distributed, advertised, marketed,
offered for sale, sold within the United States, and/or has imported into the United States trash
receptacles that are substantially similar to the ornamental design protected by 357 Patent in
direct violation of 35 U.S.C. 271. An example of an Infringing Product is shown at the far
right of the 357 Patent drawing and genuine LFI Chase Park trash receptacle below:
{H0641638.4}
29.
Anova offers for sale and, on information and belief, will continue to sell these
infringing products branded under its Metrix line. See Exhibit A.

30.
The Anova Metrix Receptacle looks more like the 357 Patent than it looks like
the closest prior art for the 357 Patent, namely US Design Patent Nos. D304253, D458431,
D452760, D450166, and/or D460594.
31.
gives, Anovas Metrix receptacles so resemble the 357 Patent so as to deceive such an ordinary
observer and induce him/her to purchase the Metrix receptacle supposing it to be the LFI design.
32.
Anovas aforesaid infringing acts are without LFIs permission or authority and
are in total disregard of LFIs right to control its intellectual property.

33.
Anovas infringement of the 357 Patent has caused and will continue to cause
LFI to suffer damages, including, but not limited to, lost sales, lost profits, lost royalties and
price erosion in an amount to be determined by the trier of fact.
34.
As a direct and proximate result of Anovas infringing conduct, LFI has been
injured and will continue to suffer injury to its business and reputation unless Anova is
restrained by this Court from infringing LFIs 357 Patent.
35.
Anovas acts have damaged and will continue to damage LFI, and LFI has no
adequate remedy at law.
{H0641638.4}
36.
LFI marks all products embodying the design of the 357 Patent in compliance
with 35 U.S.C. 287.

37.
Given the patent notice provided on the products themselves and prior notice
letter from LFI, LFI avers and hereon alleges that Anova had pre-suit knowledge of LFIs rights
to the 357 Patent and has intentionally copied said design.
38.
Anova has willfully and deliberately infringed the 357 patent in disregard of
LFIs rights.
39.
The actions by Anova are exceptional within the meaning of 35 U.S.C. 285.
40.
In light of the foregoing, LFI is entitled to injunctive relief prohibiting Anova
from infringing the 357 Patent and to recover damages adequate to compensate for the
infringement, including Anovas profits pursuant to 35 U.S.C. 289.
41.
LFI is also entitled to recover any other damages as appropriate pursuant to 35
U.S.C. 284.
COUNT II
42.

43.
On September 26, 2006, the United States Patent and Trademark Office duly
issued U.S. Design Patent No. D528831 S (the 831 Patent) entitled Bench to LFI. A true and
accurate copy is attached as Exhibit E.
44.
45.
offered for sale, sold within the United States, and/or has imported into the United States
{H0641638.4}
benches that are substantially similar to the ornamental design protected by 831 Patent in direct
violation of 35 U.S.C. 271. An example of an Infringing Product is shown at the far right of
the 831 Patent drawing and genuine LFI Park Vue bench below:
46.
infringing products branded under its Exposition line. See Exhibit B.

47.
The Anova Exposition Bench looks more like the 831 Patent than it looks like
the closest prior art for the 831 Patent, namely US Design Patent No D498079 and/or D419341.
48.
gives, Anovas Exposition benches so resemble the 831 Patent so as to deceive such an
LFI design.
49.

50.
51.
{H0641638.4}
52.

53.
with 35 U.S.C. 287.

54.
55.
LFIs rights.
56.
57.
58.
U.S.C. 284.
COUNT III
59.

60.
On May 4, 2004, the United States Patent and Trademark Office duly issued
U.S. Design Patent No. 489502 S (the 502 Patent) entitled Trash Receptacle to LFI. A true
and accurate copy is attached as Exhibit F.
61.
{H0641638.4}
62.
right of the 502 Patent drawing and genuine LFI Chase Park receptacle below:
63.

64.
the closest prior art for the 502 Patent, namely US Design Patent No. D450166, D460594
and/or D465892.
65.
66.

67.
{H0641638.4}
10
68.
69.

70.
with 35 U.S.C. 287.

71.
72.
LFIs rights.
73.
74.
75.
U.S.C. 284.
COUNT IV
76.
{H0641638.4}
11
77.
On October 28, 2003, the United States Patent and Trademark Office duly
issued U.S. Design Patent No. 481507 S (the 507 Patent) entitled Trash Receptacle to LFI. A
true and accurate copy is attached as Exhibit G.
78.
79.
right of the 507 Patent drawing and genuine LFI Chase Park receptacle below:
80.

81.
the closest prior art for the 507 Patent, namely US Design Patent No. D450166, D460594
and/or D465892.
82.
{H0641638.4}
12
83.

84.
85.
86.

87.
with 35 U.S.C. 287.

88.
89.
LFIs rights.
90.
91.
92.
U.S.C. 284.
{H0641638.4}
13
COUNT V
93.

94.
On November 28, 2006, the United States Patent and Trademark Office duly
issued U.S. Design Patent No. 532630 S (the 630 patent) entitled Bench to LFI. A true and
accurate copy is attached as Exhibit H.
95.
96.
offered for sale, sold within the United States, and/or has imported into the United States
benches that are substantially similar to the ornamental design protected by 630 Patent in direct
violation of 35 U.S.C. 271. An example of an Infringing Product is shown at the far right of
the 630 Patent drawing and genuine LFI Park Vue bench below:
97.
infringing products branded under its Exposition line. See Exhibit B.

98.
The Anova Exposition Bench looks more like the 630 Patent than it looks like
the closest prior art for the 630 Patent, US Design Patent No D498079, D503552, D396358
and/or D366791.
{H0641638.4}
14
99.
gives, Anovas Exposition benches so resemble the 630 Patent so as to deceive such an
LFI design.
100.

101.
102.
103.

104.
with 35 U.S.C. 287.

105.
106.
LFIs rights.
107.
{H0641638.4}
15
108.
109.
U.S.C. 284.
PRAYER FOR RELIEF
WHEREFORE, Landscape Forms, Inc. respectfully demand judgment against Anova
Furnishings, Inc. as follows:
A.
Pursuant to 35 U.S.C. 283 and all claims for relief, that a permanent
injunction be issued enjoining Anova Furnishings, Inc., its employees, agents, successors and
assigns, and all those in active concert and participation with them, and each of them who
receives notice directly or otherwise of such injunctions, from further acts of infringement of
the LFI Design Patents;
B.
For an order declaring that Anova Furnishings, Inc. has infringed the LFI Design
Patents.
C.
For an order, pursuant to 35 U.S.C. 284, awarding to Landscape Forms, Inc.
damages, including lost profits, together with prejudgment interest, post judgment interest,
and costs, adequate to compensate Landscape Forms, Inc. for Anova Furnishings, Inc.s acts
of infringement of the LFI Design Patents.
D.
For an order declaring that Anova Furnishings, Inc.s infringement has been
willful and that this is an exceptional case pursuant to 35 U.S.C. 285 and awarding Landscape
Forms, Inc. treble damages and reasonable attorney fees against Anova Furnishings, Inc. for
its infringement of the LFI Design Patents;
E.
{H0641638.4}
For an order requiring Anova Furnishings, Inc. to file with the Court and
16
provide to Landscape Forms, Inc. an equitable accounting and disgorgement of all revenues
and/or profits wrongfully realized by Anova Furnishings, Inc.
F.
For an award of Landscape Forms, Inc.s costs and disbursements incurred in
this action, including Landscape Forms, Inc.s reasonable attorneys fees, pursuant to 15
U.S.C. 1117.
G.
For an order awarding Landscape Forms, Inc. such other and further relief as
the Court deems just and proper.
DEMAND FOR JURY TRIAL

Pursuant to Federal Rule of Civil Procedure, Rule 38, Landscape Forms, Inc. herein
demand trial by jury in this action of all issues so triable.
Respectfully submitted,
Dated: July 25, 2016
___/s/_______________________________
Ronald W. Ryan
LEWIS, REED & ALLEN, P.C.
136 E. Michigan Avenue, Suite 800
Kalamazoo, Michigan 49007
Direct line: (269) 553-1424
Cell/Text: (269) 267-0496
Email: rryan@lewisreedallen.com
Of counsel/Pro Hac Vice To Be Filed:
Susan E. Farley, Esq.
Alana M. Fuierer, Esq.
Heslin Rothenberg Farley & Mesiti P.C.
5 Columbia Circle
Albany, New York 12203
Telephone:
(518) 452-5600
Facsimile:
(518) 452-5579
Email: sef@hrfmlaw.com
Email: amf@hrfmlaw.com
Attorneys for Plaintiff
{H0641638.4}
17
Case 1:16-cv-00936 ECF No. 1-1 filed 07/25/16 PageID.18 Page 1 of 9
EXHIBIT A
On-Line catalog, accessed on Anovas website at
http://www.anovafurnishings.com/
{H0649615.1}
{H0649615.1}
{H0649615.1}
{H0649615.1}
{H0649615.1}
{H0649615.1}
{H0649615.1}
{H0649615.1}
{H0649615.1}
EXHIBIT B
On-Line catalog, accessed on Anovas website at
http://www.anovafurnishings.com/
{H0648868.1}
{H0648868.1}
{H0648868.1}
{H0648868.1}
{H0648868.1}
{H0648868.1}
{H0648868.1}
{H0648868.1}
EXHIBIT C
Exhibit D
Patent No. D472,357 S
{H0651834.1}
Exhibit E
{H0651834.1}
Exhibit F
{H0651834.1}
Exhibit G
{H0651834.1}
Exhibit H
{H0651834.1}

Landscape Forms v. Anova - Complaint

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Case 1:16-cv-00936 ECF No. 1 filed 07/25/16 PageID.

IN THE UNITED STATES DISTRICT COURT

LANDSCAPE FORMS, INC.

Plaintiff, Landscape Forms, Inc. (LFI or Landscape Forms), is a corporation

Defendant, Anova Furnishings, Inc. (Anova), is a corporation organized and

United States Code, 35 U.S.C. 271, et seq.

Case 1:16-cv-00936 ECF No. 1 filed 07/25/16 PageID.2 Page 2 of 17

LFI is a U.S. manufacturer and seller of unique and innovative, high-end

Case 1:16-cv-00936 ECF No. 1 filed 07/25/16 PageID.3 Page 3 of 17

Defendants Infringing Activities

Case 1:16-cv-00936 ECF No. 1 filed 07/25/16 PageID.4 Page 4 of 17

stated goal to imitate LFI designs.

it known that he deliberately was modeling his business after LFI.

Case 1:16-cv-00936 ECF No. 1 filed 07/25/16 PageID.5 Page 5 of 17

respect to any of its design patents or other intellectual property.

LFI restates and incorporates by reference each of the aforementioned paragraphs

as if fully set forth herein.

Anova has used, caused to be produced, distributed, advertised, marketed,

Case 1:16-cv-00936 ECF No. 1 filed 07/25/16 PageID.6 Page 6 of 17

infringing products branded under its Metrix line. See Exhibit A.

are in total disregard of LFIs right to control its intellectual property.

adequate remedy at law.

Case 1:16-cv-00936 ECF No. 1 filed 07/25/16 PageID.7 Page 7 of 17

with 35 U.S.C. 287.

In light of the foregoing, LFI is entitled to injunctive relief prohibiting Anova

LFI is also entitled to recover any other damages as appropriate pursuant to 35

LFI restates and incorporates by reference each of the aforementioned paragraphs

as if fully set forth herein.

Anova has used, caused to be produced, distributed, advertised, marketed,

Case 1:16-cv-00936 ECF No. 1 filed 07/25/16 PageID.8 Page 8 of 17

infringing products branded under its Exposition line. See Exhibit B.

are in total disregard of LFIs right to control its intellectual property.

Case 1:16-cv-00936 ECF No. 1 filed 07/25/16 PageID.9 Page 9 of 17

adequate remedy at law.

with 35 U.S.C. 287.

In light of the foregoing, LFI is entitled to injunctive relief prohibiting Anova

LFI is also entitled to recover any other damages as appropriate pursuant to 35

LFI restates and incorporates by reference each of the aforementioned paragraphs

as if fully set forth herein.

Case 1:16-cv-00936 ECF No. 1 filed 07/25/16 PageID.10 Page 10 of 17

Anova has used, caused to be produced, distributed, advertised, marketed,

infringing products branded under its Metrix line. See Exhibit A.

are in total disregard of LFIs right to control its intellectual property.

Case 1:16-cv-00936 ECF No. 1 filed 07/25/16 PageID.11 Page 11 of 17

adequate remedy at law.

with 35 U.S.C. 287.

In light of the foregoing, LFI is entitled to injunctive relief prohibiting Anova

LFI is also entitled to recover any other damages as appropriate pursuant to 35

LFI restates and incorporates by reference each of the aforementioned paragraphs

as if fully set forth herein.

Case 1:16-cv-00936 ECF No. 1 filed 07/25/16 PageID.12 Page 12 of 17

Anova has used, caused to be produced, distributed, advertised, marketed,

infringing products branded under its Metrix line. See Exhibit A.

Case 1:16-cv-00936 ECF No. 1 filed 07/25/16 PageID.13 Page 13 of 17

are in total disregard of LFIs right to control its intellectual property.

adequate remedy at law.

with 35 U.S.C. 287.

In light of the foregoing, LFI is entitled to injunctive relief prohibiting Anova

LFI is also entitled to recover any other damages as appropriate pursuant to 35

Case 1:16-cv-00936 ECF No. 1 filed 07/25/16 PageID.14 Page 14 of 17

LFI restates and incorporates by reference each of the aforementioned paragraphs

as if fully set forth herein.

Anova has used, caused to be produced, distributed, advertised, marketed,