Applicant : (LOUNGELIPS Inc)

1. Protection of the design by copyright

LoungeLips Inc is a company based in the United Stated, specialized in lounge

products. LoungeLips have produced inflate lounge, known as AIR-BEANIE.
It has obtained design patent from American Intellectual Property Office,
under US Patent No.D1214 (The AIR-BEANIE Patent) in 2014.

Article 2 (7) of Berne Convention stated that:

Subject to the provisions of Article 7(4) of this Convention, it shall be a
matter for legislation in the countries of the Union to determine the extent
of the application of their laws to works of applied art and industrial designs
and models, as well as the conditions under which such works, designs and
models shall be protected. Works protected in the country of origin solely as
designs and models shall be entitled in another country of the Union only to
such special protection as is granted in that country to designs and models;
however, if no such special protection is granted in that country, such works
shall be protected as artistic works.

Under the articles, there is an obligation to provide protection forsuch

protected design. In this case, LoungeLips had granted protection under US
Design Patent by means that it has proven as patentable and protectable in
comparison with prior art under examination process.

Article 5 Berne
(1) Authors shall enjoy, in respect of works for which they are protected under
this Convention, in countries of the Union other than the country of origin, the
rights which their respective laws do now or may hereafter grant to their
nationals, as well as the rights specially granted by this Convention.
(2) The enjoyment and the exercise of these rights shall not be subject to any
formality; such enjoyment and such exercise shall be independent of the
existence of protection in the country of origin of the work. Consequently,
apart from the provisions of this Convention, the extent of protection, as well
as the means of redress afforded to the author to protect his rights, shall be
governed exclusively by the laws of the country where protection is claimed.

Therefore it is clear that the design of AIR-BEANIE is a protected work,

especially its design.
2. Ownership of copyright
Since the design of AIR BEANIE is protected, it is clear that the holder of the
intellectual property right is LoungeLips Inc as the producer of the product.
US design Patent
3. Copyright infringement
- On information and belief, AirZac BV (as defendant) have manufactured,
advertised, offered for sale, sold, and distributed inflatable loungers called
the AirZac with the design that is substantially the same with AIR-
BEANIE. Defendant Infringing Products is available in Pinkpop, a festival
in the Netherlands, in the summer of 2017.
- We believe that the product is substantially the same sine the product also
uses the same concept, which by means of air scooping. During air
scooping process (the process to gather the air to the bag), an opening
reinforced with ribs is held open and a scooping movement is made, so the
bag fills with air. The simply swings the lightweight bag and creates a life
size lounge seat. The opening is then folded together and the air stays
caught in the bag. AirZac provides an inflatable lounger that is filled with
air and exactly use the same process.
- It is clear that there is a copying activity of AIR-BEANIE product through
the design of AirZac.
- Besides the process to gather the air, AirZac appearance also copying AIR
BEANIE appearance. AIR BEANIE is designed to have deep slit in the
length in order to create comfort when the costumer laying on the sofa,
double pipe form after the air gather gives balance it is floating. Thus,
overall impression of AirZac creates huge similarity with AIR BEANIE
since it has the same altitude, the same double pipe form and the same
deep slit in the length.
- Upon information and belief, Defendant engaged and continues to engage
in the above activities willfully, with the knowledge that the design of each
Infringing Product is substantially same as the design of the AIR-BEANIE
without authorization.

4. Create confusion
Loungelips believes that AirZac BV activities have caused potentially
substantial consumer confusion, with many consumers mistakenly believing
hat the infringing Products being offered by Plaintiffs or is a genuine
LAMZAC Lounger. As such, Defendants infringement is damaging
Plaintiffs reputation. Thus it has violated Article 10bis (3) Paris Convention
in regards to unfair competition, specially all acts of such a nature as to create
confusion.
Defendant is not related to or affiliated with Plaintiffs in any way and has not
sought or received a license or authorization from Plaintiffs for any purpose
whatsoever, including for the infringing acts.
Defendants unauthorized acts as described have caused and will continue to
cause irreparable damages to Plaintiffs and their business and goodwill unless
restrained by this Court.