PopSockets v. DozTrading - Complaint

Case: 3:18-cv-00588 Document #: 3 Filed: 07/27/18 Page 1 of 31
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WISCONSIN
)
POPSOCKETS LLC, )
) Case No. 18-cv-588
Plaintiff, )
)
v. )
) JURY TRIAL DEMANDED
DOZTRADING LLC, DOZCELL LLC, and )
MEHMET DOZ, )
)
Defendants. )
)
COMPLAINT FOR PATENT, COPYRIGHT AND TRADEMARK INFRINGEMENT,

AND UNFAIR COMPETITION
Plaintiff, PopSockets LLC (“PopSockets”), by and through its undersigned attorneys, for
its Complaint for patent infringement, copyright infringement, trademark infringement, and
unfair competition against Defendants DozTrading LLC (“DozTrading”), DozCell LLC
(“DozCell”), and Mehmet Doz (collectively, “Defendants”), hereby alleges:
INTRODUCTION
1. PopSockets is one of the nation’s leading providers of grips and mount
accessories for handheld electronic devices and its products are, and for several years have been,
sold in stores and online throughout the United States.
2. Defendants DozTrading and DozCell, under the ownership and management of
Defendant Mehmet Doz, have made unauthorized use of PopSockets’ patented technology by
importing, making, using, selling, and/or offering for sale infringing products covered by
PopSockets’ patents.
3. Defendants copied PopSockets’ works of art from PopSockets’ website or the
website(s) of its authorized resellers and used these works of art to create identical, or strikingly
or substantially similar versions.
4. Defendants copied PopSockets’ design mark and used that mark in connection
with Defendants’ products as well as copied an image of PopSockets’ mount product protected
by U.S. Design Patent Nos. D777,022 and D818,808, to create a likelihood of confusion as to the
source of Defendants’ products.
NATURE OF THE CASE
5. This action arises under the patent laws of the United States, 35 U.S.C. § 271 for
Defendants’ infringement of U.S. Patent No. 8,560,031 (“the ’031 Patent”), under the Copyright
Act (17 U.S.C. § 101) for Defendants’ unlawful copying of PopSockets’ registered works of art,
under the Lanham Act (15 U.S.C. § 1125(a)), and under the laws of the State of Wisconsin for
Defendants’ unlawful use of confusingly similar variations of PopSockets’ registered
trademarks.
THE PARTIES
6. PopSockets is a corporation organized under the laws of Colorado with its
corporate headquarters and principle place of business at 3033 Sterling Circle, Boulder, Colorado
80301.
7. DozTrading is a corporation organized under the laws of Wisconsin and has its
principal place of business at 1010 East Washington Ave., Unit 1020, Madison, Wisconsin
53703.
8. DozCell is a corporation organized under the laws of Wisconsin and has its
principal place of business at 1010 East Washington Ave., Unit 1020, Madison, Wisconsin
53703.
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9. Mehmet Doz is and has been the substantial owner and managing member of
DozTrading and DozCell, and resides at 1010 East Washington Ave., Unit 1020, Madison,
Wisconsin 53703.
JURISDICTION AND VENUE
10. This action arises under the patent laws of the United States, 35 U.S.C. § 271 et
seq., the copyright laws of the United States 17 U.S.C. § 101 et seq., and the trademark laws of
the United States 15 U.S.C. § 1051 et seq. The Court has subject matter jurisdiction under 28
U.S.C. §§ 1331 and 1338(a).
11. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b), 1391(c), and
1400(b), because Defendants reside in this District, committed acts of infringement in this
District, and have a regular and established place of business in this District.
12. Personal jurisdiction exists over Defendants because: (1) Defendants are
incorporated and have their principal places of business, or otherwise reside in this District; (2)
Defendants regularly conduct business in this District and throughout this State; and (3)
Defendants have committed, and continue to commit, acts of patent, copyright, and trademark
infringement, and/or induced acts of patent, copyright, and trademark infringement by others, in
this District and throughout this State of Wisconsin.
FACTUAL BACKGROUND
U.S. Patent No. 8,560,031
13. PopSockets is the assignee, and the sole and exclusive owner of all right, title, and
interest in the ’031 Patent, entitled “Extending Socket for Portable Media Player.” The ’031
Patent was duly and legally issued by the United States Patent and Trademark Office on October
15, 2013. A copy of the ’031 Patent is attached hereto as Exhibit A.
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14. Mr. Barnett, named inventor of the inventions claimed in the ’031 Patent, is the
CEO of PopSockets.
15. PopSockets has been producing its grip product since 2012. PopSockets’ grip
product is well-known nationwide, sold online, and carried throughout the country in retail stores
such as Target and Best Buy.
16. Since its inception, PopSockets has been recognized and touted by major media
outlets. In 2012, National Public Radio (NPR) recognized PopSockets’ innovativeness. The
Wall Street Journal identified PopSockets’ grip product as the “best” compact “smartphone
support” accessory in 2015. USA Today named PopSockets “the coolest tech you have to see”
in 2015. PopSockets won the “Fueling Innovation” contest sponsored by Mercedes Benz in
2013, was featured at the 2015 Consumer Electronics Show, and was the first recipient of Kate
Galliet’s “Fit For Real Life Seal of Approval” award in 2016.
17. PopSockets’ grip product can be used in a variety of different ways. For example,
consumers can use PopSockets’ grip for taking pictures, as a stand to prop up a mobile device, or
to ease a consumer’s texting, scrolling, or other common portable media player device uses.
18. PopSockets allows consumers to customize the grip with various graphics and
designs. PopSockets currently sells over 120 different decorative designs with various base and
accordion colors. In addition, users can upload graphics or images to customize the grip product.
19. To the extent required by law, PopSockets has complied with the provisions of 35
U.S.C. § 287.
20. Defendants’ grip product (“Accused Grip Product”) and mount product
(“Accused Mount Product”) (collectively, the “Accused Products”) are marketed as a
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“PopUpSocket,” and “Pop Clip Holder, Car Mount for Pop Sockets” for “enhancing the grip and
capabilities of your phone.”
21. Defendants are responsible for importing, making, using, selling, and/or offering
for sale the Accused Products.
22. PopSockets has sent multiple cease and desist letters to Defendants, as early as
July 17, 2017, notifying Defendants that they are infringing PopSockets’ intellectual property
rights and requesting Defendants cease distributing the Accused Products.
23. Defendants continue to import, make, use, sell, and/or offer for sale the Accused
Products on websites, including DozTrading.com and DozCell.com. See e.g., Figures 1 and 2.
Figure 11 Figure 22
1
https://www.doztrading.com/collections/wholesale-popsockets
2
https://www.dozcell.com/products/popsockets
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24. Some of the Accused Grip Products sold by Defendants incorporate aesthetic
designs and graphics that closely resemble those used on PopSockets’ products.
25. Each Defendant has infringed, is currently infringing, and unless enjoined, will
continue to infringe at least claims 9 and 16 of the ’031 Patent in this District and elsewhere in
the United States by importing, making, using, selling, and/or offering for sale the Accused Grip
Product. Defendants’ infringe claim 9 by importing, making, using, selling, and/or offering for
sale the Accused Grip Product which embodies:
A B C D
a. a securing element for attaching the socket to the back of a

portable media player or player case and an accordion forming a
tapered shape connected to the securing element, as illustrated in
figures C and D above.
b. an accordion that is capable of extending outward generally along

its axis from the portable media player or player case and
retracting back toward the portable media player or player case by
collapsing generally along its axis, as illustrated in figures A, B,
and C above.
26. Examples of Defendants’ infringement of claim 16 includes performing the
claimed method steps of:
a. attaching a socket including the accordion to a portable media

player or player case, as shown in figure C above.
b. selectively extending the socket by unfolding the accordion

generally along its axis, as shown in figure C above
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c. selectively retracting the socket by folding the accordion generally

along its axis such that the walls fold next to each other, as shown
in figure A.
U.S. Design Patent No. D777,022
interest in the ’022 Patent, entitled “Device Clip.” The ’022 Patent was duly and legally issued
by the United States Patent and Trademark Office on January 24, 2017. A copy of the ’022
Patent is attached hereto as Exhibit B.
28. Mr. Barnett, named inventor of the inventions claimed in the ’022 Patent, is
currently the CEO of PopSockets.
29. PopSockets’ product covered by the ’022 Patent is a mount for a PopSockets’
grip.
30. The Accused Mount Product is virtually identical to the ’022 Patent claim and
marketed as a mount holder for a PopSockets grip.
’022 Patent Defendants’ Infringing Mount Product
U.S. Design Patent No. D818,808
interest in the ’808 Patent, entitled “Device Clip.” The ’808 Patent was duly and legally issued
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by the United States Patent and Trademark Office on May 29, 2018. A copy of the ’808 Patent
is attached hereto as Exhibit C.
32. Mr. Barnett, named inventor of the inventions claimed in the ’808 Patent, is
currently the CEO of PopSockets.
33. PopSockets’ product covered by the ’808 Patent is a mount for a PopSockets grip.
34. The Accused Mount Product is virtually identical to the ’808 Patent and marketed
as a mount holder for PopSockets.
’808 Patent Defendants’ Infringing Mount Product
Defendants’ Unauthorized Use of PopSockets’ Works of Art
35. PopSockets holds and owns the copyrights in works of art (“Works of Art”),
attached hereto as Exhibit D, unlawfully copied by Defendants. Reg. Nos. VA0002058815;
VA0002058459; VA2058466; VA0002058447; VA0002058435; VA0002058443;
VA0002058463. The copyright registration certificates are attached hereto as Exhibit E.
36. PopSockets’ and/or PopSockets’ authorized resellers’ website(s) and product
packaging contain illustrations of its grip product, including the graphics copied by Defendants.
37. In their promotion of the Accused Products, and without permission or
authorization from PopSockets, Defendants copied and used, and continues to use, at least six
Works of Art, shown below, that are either identical or strikingly or substantially similar to
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graphics displayed on PopSockets’ and/or PopSockets’ authorized resellers’ website(s) and
product packaging.
PopSockets’ Registered Works of Art Defendants’ Infringing Use
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PopSockets’ Registered Works of Art Defendants’ Infringing Use
Defendants’ Unauthorized Use of PopSockets’ Trademarks
38. PopSockets owns federal trademark registrations for POPSOCKETS (the
“Mark”). The registration certificates are attached hereto as Exhibit F. See U.S. Registration
Nos. 5486563; 5204637; 4942725; 4575440; 4572125.
39. PopSockets has used the Mark since at least 2011.
40. PopSockets has used and continues to use the Mark on its websites, product
packaging, product displays, advertisements, and social media pages.
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41. Due to the Mark’s inherent distinctiveness, and as a result of PopSockets’
marketing and advertising efforts, the POPSOCKETS Mark serves as a source identifier for
PopSockets’ products.
42. Without permission or authorization, Defendants use and sell products in
connection with confusingly similar variations of the Mark on websites such as DozTrading.com
and DozCell.com. Specifically, Defendants have used the confusingly similar terms “POP
SOCKETS” and “POPUPSOCKETS” to market their goods, and have included the term
“popsocket” in the Uniform Resource Locator(s) that link to the Accused Products. Defendants
may include a short word or space between POP and SOCKET, but the result is a confusingly
similar variation of the Mark. Defendants have even marketed their nearly identical product as
“Popsocket,” among other infringing variations.
43. Defendants’ intent to trade on the goodwill of the PopSockets brand is made clear
by the use of “popsocket” in URLs that link to the Accused Products and by the use of
“Popsocket,” “POP SOCKETS,” and “POPUPSOCKETS” to represent the Accused Products.
44. At the time Defendants were making, using, importing, selling, and/or offering for
sale products that bear confusingly similar variations of the Mark, Defendants had actual
knowledge, or should have known, of PopSockets’ use of the Mark.
45. Defendants willfully used confusingly similar variations of the Mark in order to
trade on PopSockets’ goodwill and business reputation.
46. Defendants’ use of identical or confusingly similar variations of the Mark creates
a likelihood of confusion as to the source of Defendants’ products.
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47. PopSockets owns a federal trademark registration for the design trademark shown
below (the “Design Mark”). The registration certificate is attached hereto as Exhibit F. See U.S.
Registration No. 5394408.
48. PopSockets has used the Design Mark since at least as early as 2014.
49. The Design Mark has been continuously used on PopSockets’ mount product
embodied in Design Patents D777,022 and D818,808 prior to Defendants’ use and dissemination
of the confusingly similar mark shown below.
PopSockets’ Design Mark Defendants’ Use of the Design Mark
50. PopSockets has used and continues to use the Design Mark on its websites,
product packaging, product displays, trade dress, advertisements, and social media pages.
51. As a result of PopSockets’ marketing and advertising efforts, the Design Mark
serves as a source identifier for PopSockets’ products.
52. Without PopSockets’ permission or authorization, Defendants use PopSockets’
Design Mark.
53. At the time Defendants were making, using, importing, selling and/or offering for
sale products that bear that Design Mark, they had actual knowledge, or should have known, of
PopSockets’ use of the Design Mark.
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54. Defendants’ use of an identical or confusingly similar variation of the Design
Mark creates a likelihood of confusion as to the source of the Defendants’ products.
Relationship Between the Defendants
55. DozTrading has been operated by Mehmet Doz since the company’s inception.
56. DozCell has been operated by Mehmet Doz since the company’s inception.
57. Mehmet Doz is the registered agent, managing member, and substantial owner of
DozTrading.
58. Mehmet Doz is the managing member and substantial owner of DozCell.
59. Mehmet Doz, DozTrading, and DozCell share the same address.
COUNT ONE
INFRINGEMENT OF THE ’031 PATENT BY DOZTRADING AND DOZCELL
60. PopSockets hereby incorporates the allegations of paragraphs 1 through 59 of this
Complaint as if fully set forth herein.
61. DozTrading and DozCell have infringed, are currently infringing, and unless
enjoined, will continue to infringe at least claims 9 and 16 of the ’031 Patent.
62. DozTrading and DozCell have directly infringed and continue to directly infringe
the ’031 Patent by importing, making, using, selling, and/or offering for sale the Accused Grip
Product.
63. DozTrading and DozCell have willfully infringed and continue to willfully
infringe the ’031 Patent despite knowledge of the ’031 Patent (at least as of the date PopSockets
sent the first cease and desist letter to DozTrading, and likely before through PopSockets’ patent
markings) and despite an objectively high likelihood that the sale and use of the Accused Grip
Product would infringe one or more claims of the ’031 Patent. DozTrading and DozCell’s
knowledge of the ’031 Patent and its claimed inventions is further evidenced by DozTrading and
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DozCell’s copying and use of Works of Art from PopSockets’ website and product packaging
that depict PopSockets’ grip product embodying the claimed inventions.
64. DozTrading and DozCell indirectly infringe one or more claims of the ’031 Patent
by inducing its customers’ infringement through the use of the Accused Grip Product.
DozTrading and DozCell knew or should have known that its acts would result in the actual
infringement of one or more of the claims of the ’031 Patent by one or more of its customers and
thereby intended such infringement.
65. DozTrading and DozCell’s acts did, in fact, induce such infringement of one or
more claims of the ’031 Patent by instructing and encouraging these persons, by means of
promotional and instructional guides, and/or physical demonstration, to use the Accused Grip
Product in a manner that infringed the ’031 Patent. By following these instructions, DozTrading
and DozCell’s customers have directly infringed and continue to directly infringe at least claims
9 and 16 of the ’031 Patent.
66. As a direct and proximate consequence of DozTrading and DozCell’s
infringement of the ’031 Patent, PopSockets has suffered and will continue to suffer irreparable
injury and damages in an amount that an award of money would never be adequate to fully
remedy, for which PopSockets is entitled to relief. PopSockets seeks damages, as well as
injunctive relief against further infringement.
COUNT TWO
INFRINGEMENT OF THE ’031 PATENT BY MEHMET DOZ
68. Mehmet Doz actively assisted, and continues to assist, with DozTrading and
DozCell’s infringement of the ’031 Patent and is liable for inducing infringement.
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69. As the managing member and substantial owner of DozTrading and DozCell,
Mehmet Doz is directly responsible for the day-to-day operations of DozTrading and DozCell
and had knowledge of PopSockets’ patented technologies and the ’031 Patent at least as of the
date the first cease and desist letter was received by DozTrading, and likely before through
PopSockets’ patent markings. Despite such knowledge and awareness Mehmet Doz
intentionally directed DozTrading and DozCell to perform the actions giving rise to DozTrading
and DozCell’s infringement of the ’031 Patent.
COUNT THREE
INFRINGEMENT OF THE ’022 DESIGN PATENT BY DOZTRADING AND DOZCELL
71. DozTrading and DozCell have infringed and continue to infringe the ’022 Design
Patent by importing, making, using, selling, and/or offering for sale the Accused Mount Product.
72. An ordinary observer, giving such attention as a purchaser usually gives, would
be so deceived by the resemblance between the design of the Accused Mount Product and the
’022 Patent as to be induced to purchase the Accused Mount Product believing it embodies the
design(s) of the ’022 Patent.
73. DozTrading and DozCell’s deliberate and willful actions in infringing the
design(s) of the ’022 Patent have caused and will continue to cause irreparable harm to
PopSockets unless preliminarily and permanently enjoined pursuant to 35 U.S.C. § 283.
74. DozTrading and DozCell have profited from and PopSockets has suffered
damages as a result of DozTrading and DozCell’s infringement of the ’022 Patent.
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COUNT FOUR
INFRINGEMENT OF THE ’022 DESIGN PATENT BY MEHMET DOZ
76. Mehmet Doz has actively assisted, and continues to assist, with DozTrading and
Mehmet Doz is directly responsible for the day-to-day operations of DozTrading and DozCell.
79. Mehmet Doz’s deliberate and willful actions in directing DozTrading and
DozCell to infringe the design(s) of the ’022 Patent have caused and will continue to cause
irreparable harm to PopSockets unless preliminarily and permanently enjoined pursuant to 35
U.S.C. § 283.
80. Mehmet Doz, as the managing member and substantial owner of DozTrading and
DozCell, has profited from and PopSockets has suffered damages as a result of Mehmet Doz’s
infringement of the ’022 Patent.
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COUNT FIVE
INFRINGEMENT OF THE ’808 DESIGN PATENT BY DOZTRADING AND DOZCELL
82. DozTrading and DozCell have infringed and continue to infringe the ’808 Design
Patent by importing, making, using, selling, and/or offering for sale the Accused Mount Product.
design(s) of the ‘808 Patent.
84. DozTrading and DozCell’s deliberate and willful actions in infringing the
design(s) of the ’808 Patent have caused and will continue to cause irreparable harm to
PopSockets unless preliminarily and permanently enjoined pursuant to 35 U.S.C. § 283.
85. DozTrading and DozCell have profited from and PopSockets has suffered
damages as a result of DozTrading and DozCell’s infringement of the ’808 Patent.
COUNT SIX
INFRINGEMENT OF THE ’808 DESIGN PATENT BY MEHMET DOZ
87. Mehmet Doz has actively assisted, and continues to assist, with DozTrading and
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Mehmet Doz is directly responsible for the day-to-day operations of DozTrading and DozCell.
90. Mehmet Doz, as the managing member and substantial owner of DozTrading and
DozCell, has profited from and PopSockets has suffered damages as a result of Mehmet Doz’s
infringement of the ’808 Patent.
COUNT SEVEN
COPYRIGHT INFRINGEMENT BY DOZTRADING AND DOZCELL
91. PopSockets repeats and incorporates by reference the allegations contained in
paragraphs 1 through 90 as if fully set forth herein.
92. PopSockets is the copyright owner of each of the original, published Works of Art
contained in Exhibit D. The associated copyright registration certificates for each work are
attached as Exhibit E.
93. Each of the Works of Art contained in Exhibit D is copyrightable subject matter
under the laws of the United States.
94. Direct proof of access is not required for strikingly similar works (or identical as
the case may be) such as those used by DozTrading and DozCell, but even so, DozTrading and
DozCell had access to the Works of Art through PopSockets’ and/or PopSockets’ authorized
resellers’ website(s) and product packaging.
95. DozTrading and DozCell have never asked for or been granted permission to use
or reproduce the Works of Art.
96. DozTrading and DozCell copied and reproduced identical or strikingly or
substantially similar versions of the Works of Art without PopSockets’ consent.
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97. DozTrading and DozCell engaged, and continue to engage in acts of infringement
by using the Works of Art that are identical, or strikingly or substantially similar variations in
materials, such as product packaging, distributed to third parties.
98. PopSockets is informed and thereon alleges that DozTrading and DozCell further
infringed PopSockets’ copyrights by making or causing to be made derivative works based on
the Works of Art and producing and/or distributing reproductions without PopSockets’
permission.
99. DozTrading and DozCell’s aforesaid acts violate PopSockets’ exclusive rights
under section 106 of the Copyright Act and constitute copyright infringement.
100. PopSockets is entitled to injunctive relief prohibiting DozTrading and DozCell’s
further infringement.
COUNT EIGHT
COPYRIGHT INFRINGEMENT BY MEHMET DOZ
102. PopSockets is the copyright owner of each of the original, published Works of Art
contained in Exhibit D. The associated copyright registration certificates for each work are also
attached as Exhibit E.
103. Each of the Works of Art contained in Exhibit D is copyrightable subject matter
under the laws of the United States.
104. Direct proof of access is not required for strikingly similar works (or identical as
the case may be) such as those used by DozTrading and DozCell, but even so, Mehmet Doz had
access to the Works of Art through PopSockets’ and/or PopSockets’ authorized resellers’
website(s) and product packaging.
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105. PopSockets is informed and thereon alleges that Mehmet Doz infringed
PopSockets’ copyrights by making or causing to be made derivative works based on the Works
of Art and producing and distributing reproductions without PopSockets’ permission.
Mehmet Doz is directly responsible for the day-to-day operations of DozTrading and DozCell,
and Mehmet Doz willfully, knowingly, and personally participated in and directed all of the
infringing activities undertaken by DozTrading and DozCell.
107. Mehmet Doz instructed and induced DozTrading and DozCell to use the
infringing Works of Art which led to the infringing uses, and therefore Mehmet Doz engaged in
contributory copyright infringement.
108. Mehmet Doz’s aforementioned acts violate PopSockets’ exclusive rights under
section 106 of the Copyright Act and constitute copyright infringement.
109. In the alternative, Mehmet Doz has or has had a direct financial interest in the
creation, publication, and distribution of the infringing Works of Art, and has had the power or
ability to supervise and control the creation, publication, and distribution of the infringing Works
of Art, but failed to prevent the infringement of PopSockets’ copyrights. Mehmet Doz is
therefore liable for vicarious infringement of PopSockets’ copyrights by DozTrading and
DozCell.
110. PopSockets is entitled to injunctive relief prohibiting Mehmet Doz’s further
infringement.
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COUNT NINE
FEDERAL TRADEMARK INFRINGEMENT BY DOZTRADING AND DOZCELL
112. Section 32 of the Lanham Act, 15 U.S.C. § 1114(1)(a), provides in pertinent part
that, “[a]ny person who shall, without the consent of the registrant – use in commerce any
reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the
sale, offering for sale, distribution, or advertising of any goods or services on or in connection
with which such use is likely to cause confusion, or to cause mistake, or to deceive . . . shall be
liable in a civil action against registrant . . . .”
113. DozTrading and DozCell have offered goods using colorable imitations of
PopSockets’ Mark in connection with DozTrading and DozCell’s products and business without
PopSockets’ permission. Such unauthorized use in commerce is likely to cause confusion or
mistake or deception among prospective or actual consumers and other members of the public, in
violation of Section 32 of the Lanham Act.
114. DozTrading and DozCell’s acts of infringement in violation of Section 32 of the
Lanham Act are malicious, fraudulent, willful, and deliberate.
115. DozTrading and DozCell have willfully intended to trade on the recognition of,
and have willfully intended to harm the reputation of, the registered POPSOCKETS Mark and
the registered Design Mark.
116. DozTrading and DozCell’s acts of infringement in violation of Section 32 of the
Lanham Act have inflicted, and if not enjoined, will continue to inflict irreparable harm on
PopSockets, and therefore PopSockets has no adequate remedy at law.
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117. Pursuant to 15 U.S.C. § 1117, PopSockets is entitled to recover damages in an
amount to be determined at trial, including DozTrading and DozCell’s profits, losses sustained
by PopSockets due to DozTrading and DozCell’s conduct, and costs of the action. DozTrading
and DozCell’s actions were undertaken willfully and with the intention of causing confusion,
mistake, or deception, making this an exceptional case entitling PopSockets to recover additional
treble damages and reasonable attorneys’ fees.
COUNT TEN
FEDERAL TRADEMARK INFRINGEMENT BY MEHMET DOZ
119. Section 32 of the Lanham Act, 15 U.S.C. § 1114(1)(a), provides in pertinent part
that, “[a]ny person who shall, without the consent of the registrant – use in commerce any
reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the
sale, offering for sale, distribution, or advertising of any goods or services on or in connection
with which such use is likely to cause confusion, or to cause mistake, or to deceive . . . shall be
liable in a civil action against registrant . . . .”
120. As managing member and substantial owner of DozTrading and DozCell,
121. Mehmet Doz instructed and induced DozTrading and DozCell to continue using
confusingly similar imitations of the Mark without permission from PopSockets although
Mehmet Doz knew or should have known about PopSockets’ Mark. Therefore, Mehmet Doz
engaged in trademark infringement.
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122. Mehmet Doz has willfully intended to trade on the recognition of, and has
willfully intended to harm the reputation of, the registered POPSOCKETS Mark and Design
Mark.
123. PopSockets is entitled to recover damages in an amount to be determined at trial,
including Defendants’ profits, losses sustained by PopSockets due to Defendants’ conduct, and
costs of the action. Mehmet Doz’s actions were undertaken willfully and with the intention of
causing confusion, mistake, or deception, making this an exceptional case entitling PopSockets
to recover additional treble damages and reasonable attorneys’ fees.
124. Mehmet Doz’s acts of trademark infringement have damaged and will continue to
irreparably damage PopSockets unless enjoined by this Court.
COUNT ELEVEN
FEDERAL UNFAIR COMPETITION AND FALSE DESIGNATION OF ORIGIN BY

DOZTRADING AND DOZCELL
126. Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), provides in pertinent part
that “[a]ny person who, on or in connection with any goods or services . . . uses in commerce any
word, term, name, symbol . . . or any false designation of origin . . . which is likely to cause
confusion or to cause mistake, or to deceive as to affiliation . . . or as to origin, sponsorship, or
approval of goods [or] services . . . shall be liable in a civil action.”
127. DozTrading and DozCell’s use of confusingly similar imitations of PopSockets’
Mark and Design Mark is likely to cause confusion, deception, or mistake by creating the false
and misleading impression that DozTrading and DozCell’s business and services are affiliated,
connected, or associated with PopSockets.
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128. DozTrading and DozCell are passing off its product as those of PopSockets’ in a
manner that is false, misleading, and misrepresentative of the nature, characteristics, and quality
of PopSockets’ products.
129. DozTrading and DozCell’s activities and conduct have been willful and
deliberate, knowingly and intentionally designed to trade upon the significant goodwill of
PopSockets’ trademarks, to cause confusion or mistake, and to deceive the public as to the
source or origin of DozTrading and DozCell’s goods.
130. DozTrading and DozCell’s aforementioned acts constitute false designation of
origin and trademark infringement in violation of 15 U.S.C. § 1125(a) (Section 43(a) of the
Lanham Act).
131. DozTrading and DozCell’s actions have caused and are likely to cause substantial
injury to the public and to PopSockets, its business, goodwill, and reputation.
132. PopSockets is entitled to injunctive relief, and to recover DozTrading and
DozCell’s profits associated with the infringement and PopSockets’ costs.
COUNT TWELVE
FEDERAL UNFAIR COMPETITION AND FALSE DESIGNATION OF ORIGIN BY

MEHMET DOZ
134. Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), provides in pertinent part
that “[a]ny person who, on or in connection with any goods or services . . . uses in commerce any
word, term, name, symbol . . . . or any false designation of origin . . . which is likely to cause
confusion or to cause mistake, or to deceive as to affiliation . . . or as to origin, sponsorship, or
approval of goods [or] services . . . shall be liable in a civil action.”
24
infringing activities undertaken by DozTrading an DozCell.
136. Mehmet Doz instructed and induced DozTrading and DozCell to use the
infringing Design Mark which led to the infringing uses, and therefore Mehmet Doz engaged in
trademark infringement.
137. Defendants’ use of confusingly similar imitations of PopSockets’ Design Mark is
likely to cause confusion, deception, or mistake by creating the false and misleading impression
that Defendants’ business and services are affiliated, connected, or associated with PopSockets.
138. Mehmet Doz is passing off Defendants’ product as those of PopSockets’ in a
manner that is false, misleading, and misrepresentative of the nature, characteristics, and quality
of PopSockets’ products.
139. Mehmet Doz’s activities and conduct have been willful and deliberate, knowingly
and intentionally designed to trade upon the significant goodwill of PopSockets’ trademarks, to
cause confusion or mistake, and to deceive the public as to the source or origin of Defendants’
goods.
140. Mehmet Doz’s aforementioned acts constitute false designation of origin and
trademark infringement in violation of 15 U.S.C. § 1125(a) (Section 43(a) of the Lanham Act).
141. Mehmet Doz’s actions have caused and are likely to cause substantial injury to
the public and to PopSockets, its business, goodwill, and reputation.
142. PopSockets is entitled to injunctive relief, and to recover Defendants’ profits
associated with the infringement and PopSockets’ costs.
25
COUNT THIRTEEN
COMMON LAW TRADEMARK INFRINGEMENT BY

DOZTRADING AND DOZCELL
144. This claim arises under the common law of the State of Wisconsin.
145. DozTrading and DozCell’s aforementioned acts constitute trademark
infringement in violation of Wisconsin common law, are done willfully with full knowledge of
PopSockets’ rights in the Mark and the Design Mark.
146. DozTrading and DozCell have used confusingly similar imitations of the
inherently distinctive POPSOCKETS Mark and the Design Mark with the willful and calculated
purpose of harming or trading on PopSockets’ goodwill and reputation, and in a manner
calculated to imply false sponsorship of approval by PopSockets’ for the purpose of misleading
and deceiving the public.
147. DozTrading and DozCell’s acts of common law trademark infringement have
damaged and will continue to irreparably damage PopSockets unless enjoined by this Court.
COUNT FOURTEEN
COMMON LAW TRADEMARK INFRINGEMENT BY MEHMET DOZ
149. This claim arises under the State of Wisconsin.
26
confusingly similar imitations of PopSockets’ inherently distinctive Mark without permission
from PopSockets although Mehmet Doz knew or should have known about PopSockets’ Mark.
152. Mehmet Doz’s aforementioned acts constitute trademark infringement in violation
of Wisconsin common law are done willfully with full knowledge of PopSockets’ rights in the
Mark.
153. Mehmet Doz’s acts of common law trademark infringement have damaged and
will continue to irreparably damage PopSockets unless enjoined by this Court.
COUNT FIFTEEN
COMMON LAW UNFAIR COMPETITION BY DOZTRADING AND DOZCELL
155. This claim arises under the common law of the State of Wisconsin.
156. DozTrading and DozCell’s use of confusingly similar variations of the Mark and
the Design Mark constitutes unfair competition under Wisconsin common law.
157. Through DozTrading and DozCell’s use of the Mark and the Design Mark in
connection with the Accused Grip Product and the Accused Mount Product, DozTrading and
DozCell are passing off the products as those of PopSockets in a manner that is false, misleading,
and misrepresentative of the source, nature, characteristics, and quality of PopSockets’ products.
158. DozTrading and DozCell have and will continue to profit and gain as a result of
its infringing activity.
27
159. DozTrading and DozCell’s acts are likely to cause consumer confusion and have
damaged and will continue to damage PopSockets, including damage to its goodwill and
reputation, and PopSockets has no adequate remedy at law.
COUNT SIXTEEN
COMMON LAW UNFAIR COMPETITION BY MEHMET DOZ
confusingly similar imitations of PopSockets’ inherently distinctive Mark without permission
from PopSockets although Mehmet Doz knew or should have known about PopSockets’ Mark.
163. Mehmet Doz’s use of confusingly similar variations of the Mark constitutes unfair
competition under Wisconsin common law.
164. Through Mehmet Doz’s use of confusingly similar variations of the Mark in
connection with the Accused Grip Product and the Accused Mount Product, Mehmet Doz is
passing off Defendants’ products as those of PopSockets in a manner that is false, misleading,
and misrepresentative of the source, nature, characteristics, and quality of PopSockets’ products.
165. Defendants have and will continue to make profits and gains as a result of
Defendants’ infringing activity.
28
166. Mehmet Doz’s acts are likely to cause consumer confusion and have damaged and
will continue to damage PopSockets, including damage to its goodwill and reputation, and
PopSockets has no adequate remedy at law.
PRAYER FOR RELIEF
PopSockets requests that the Court enter judgment against Defendants as follows:
A. The ’031 Patent, ’022 Patent, and ’808 Patent has been infringed by each
Defendant;
B. Each Defendants’ infringement of the ’031 Patent, ’022 Patent, and ’808 Patent
has been willful;
C. An injunction against further infringement of the ’031 Patent, ’022 Patent, and
’808 Patent;
D. PopSockets’ copyrights in the Works of Art have been willfully infringed by each
Defendant;
E. An injunction against further infringement of PopSockets’ copyrights;
F. PopSockets’ trademark rights in the Mark and Design Mark have been willfully
infringed by each Defendant;
G. Any injunction against further infringement of PopSockets’ Mark and Design
Mark or any variant thereof;
H. An award of damages not less than a reasonable royalty, together with pre-
judgment and post-judgment interest to compensate for Defendants’ infringement of the ’031
Patent, ’022 Patent, and ’808 Patent and copyrights as allowed by law;
I. An award to PopSockets for enhanced damages resulting from the knowing,
deliberate, and willful nature of Defendants’ unlawful conduct, as provided under 35 U.S.C.
§ 284;
29
J. A determination that this is an exceptional case within the meaning of 35 U.S.C.
§ 285 and 17 U.S.C. § 505 and an award to PopSockets of its costs, expenses, and reasonable
attorneys’ fees incurred in this action;
K. Order the impoundment and destruction of all copies of the infringing work in the
custody, possession, or control of any of the Defendants or their agents, employees, and affiliated
companies;
L. Award PopSockets statutory damages or such actual damages as it has sustained
as a result of Defendants’ copyright infringement, pursuant to 17 U.S.C. § 504(b);
M. Require Defendants to account for and disgorge to PopSockets all gains, profits,
and advantages derived by its copyright infringement, pursuant to 17 U.S.C. § 504(b);
N. Require Defendants pay damages incurred by PopSockets as a result of
Defendants’ violations of 15 U.S.C. § 1125(a) and Wisconsin Law;
O. Award PopSockets trebling damages for all trademark damages assessed herein;
P. Award PopSockets exemplary and punitive trademark damages; and
Q. Such other equitable or legal relief as this Court deems just and proper.
Date: July 27, 2018 Respectfully submitted,
By: /s/ Jennifer L. Gregor

Benjamin T. Horton (Admission Pending)
David N. Patariu (Admission Pending)
Michelle Bolos (Admission Pending)
MARSHALL, GERSTEIN & BORUN LLP
6300 Willis Tower
233 S. Wacker Dr.
Chicago, IL 60606
T: 312.474.6300
F: 312.474.0448
E: bhorton@marshallip.com
E: dpatariu@gmail.com
E: mbolos@marshallip.com
30
Jennifer L. Gregor
GODFREY & KAHN, S.C.
One East Main Street, Suite 500
Madison, WI 53703
T: 608.257.3911
E: jgregor@gklaw.com
Attorneys for Plaintiff PopSockets LLC
31
Case: 3:18-cv-00588 Document #: 3-1 Filed: 07/27/18 Page 1 of 17
Exhibit A
Illlll llllllll Ill lllll lllll lllll lllll lllll 111111111111111111111111111111111
US008560031B2
c12) United States Patent (IO) Patent No.: US 8,560,031 B2

Barnett et al. (45) Date of Patent: Oct. 15, 2013
(54) EXTENDING SOCKET FOR PORTABLE D532,004 S 1112006 Kettula et al.

MEDIA PLAYER 7,324,156 B2 112008 Lohr et al.
D570,593 S 6/2008 Justiss
7,422,486 B2 9/2008 Hoff et al.
(76) Inventors: David B. Barnett, Boulder, CO (US); 7,540,788 B2 612009 Murphy et al.
Lawrence E. Carlson, Boulder, CO 7,581,119 B2 8/2009 Tupman et al.
(US) 7,644,895 B2 112010 Tseng
7,678,271 B2 3/2010 Curtin
( *) Notice: Subject to any disclaimer, the term ofthis 7,782,610 B2 8/2010 Diebel et al.
7,983,034 Bl 7/2011 Mohoney
patent is extended or adjusted under 35 D647,085 S 10/2011 Chung et al.
U.S.C. 154(b) by 0 days. 8,078,224 B2 12/2011 Fadell et al.
8,080,975 B2 12/2011 Bessa et al.
(21) Appl. No.: 13/403,729 2005/0243522 Al 1112005 Nilsen et al.
2007/0093786 Al 4/2007 Goldsmith et al.
(22) Filed: Feb.23,2012 200710164036 Al * 7/2007 Brandenburg ................ 220/676
2008/0053770 Al 3/2008 Tynyk
2008/0090443 Al 4/2008 Ackloo
(65) Prior Publication Data 2008/0123287 Al 5/2008 Rossell et al.
2008/0146958 Al 6/2008 Guillory et al.
US 2012/0329534 Al Dec. 27, 2012 2008/0221404 Al 9/2008 Tso
(Continued)
Related U.S. Application Data
Primary Examiner - Kathy Wang-Hurst
(60) Provisional application No. 61/453,375, filed on Mar.
(74) Attorney, Agent, or Firm - Jennifer L. Bales;
16, 2011.
Micheledt Bales LLP
(51) Int. Cl.
(57) ABSTRACT
H04M 1100 (2006.01)
(52) U.S. Cl. Extending sockets, formed of accordions generally with but-
USPC .................. 455/575.8; 455/575.1; 455/550.1; tons attached at their distal ends, for attaching to portable
455/556.1; 455/556.2 media players or portable media player cases. Cases having
( 58) Field of Classification Search attached sockets serve purposes beyond protection of the
USPC .......... 455/575.8, 575.1, 550.1, 556.1, 556.2; player, such as managing a headset, attaching to belts or the
379/426, 446 like, forming stand legs to prop the player at a desired angle,
See application file for complete search history. forming grips for gaming, forming a grip for securely holding
and manipulating player with one hand, and forming
(56) References Cited extended legs for wedging players that are phones between
the ear and shoulder. The sockets are structured to allow
U.S. PATENT DOCUMENTS headset cords to be wound around the accordions when the
sockets are extended, to prevent the cords from tangling.
4,955,493 A 911990 Touzani Space in an attached case may be provided so that the sockets
5,568,549 A * 10/1996 Wang ............................ 379/446
6,196,850 Bl 3/2001 Dietz et al.
may be partially or fully retracted with headphone cords
D471,547 S 3/2003 Ruohonen wrapped around them to save space.
6,776,660 Bl 8/2004 Kubota et al.
6,781,522 B2 8/2004 Sleva et al. 22 Claims, 9 Drawing Sheets
22
US 8,560,031 B2
Page 2
(56) References Cited 2011/0015496 Al 1/2011 Sherman et al.

2011/0036876 Al 212011 Fathollahi
U.S. PATENT DOCUMENTS 2011/0084081 Al* 4/2011 Chung et al. .................. 220/628
2011/0117974 Al 5/2011 Spitalnik
2008/ 1268916 10/2008 Lin et al. 2011/0252839 Al 10/2011 Stevens
2008/0273297 Al 1112008 Kumar 2011/0301439 Al 12/2011 Albert et al.
200910115367 Al 512009 Kidakarn
2009/0240297 Al 912009 Shavit et al. * cited by examiner
U.S. Patent Oct. 15, 2013 Sheet 1of9 US 8,560,031 B2
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US 8,560,031 B2
1 2
EXTENDING SOCKET FOR PORTABLE between the ear and shoulder. A socket in its expanded state
MEDIA PLAYER facilitates one-hand control of the player by allowing the user
to wedge fingers between the socket and the back of the case,
BACKGROUND OF THE INVENTION while manipulating the front of the player with the thumb of
the same hand.
1. Field of the Invention The extending elements may comprise accordions, includ-
The present invention relates to extending sockets for por- ing flexural hinges interspersed with walls. The accordion
table media players. In particular, embodiments of the one or structures allow the buttons to extend not just straight outward
more present inventions relate to portable media cases includ- from the case, but also to curve away from the outward axis at
ing one or more socket extensions. 10 various oblique angles. The buttons may snap onto the ends of
2. Discussion of Related Art the accordions, be glued on, or be feet integrally formed with
Portable media players such as MP3 players and smart the accordions. In particular, in at least one embodiment the
phones are often housed in protective covers or cases in order accordions form cones having rotating "flipper" walls as well
to protect the media player from scratching or damage from as fixed walls that jointly result in the walls folding down next
dropping. Such cases increase the effective size of the media 15 to one another (such that the walls are generally parallel to the
player and typically serve no purpose beyond protection. axis of the accordion) rather than stacking on top of one
Some portable media player cases include an extra feature another.
to enable a single further function beyond protection. For A socket maintains full functionality without the buttons,
instance, some cases have an arm that extends for standing the and its feet may further form suction cups for attaching the
case on its side; one has an arm that extends for headset 20 player temporarily to flat surfaces. A socket may be attached
management; some have a pocket for storing headsets; some to the case or directly to a portable media player. It may be
have two humps to function as gaming grips; one has two attached permanently or temporarily, for instance by snap-fit
extendable flaps with finger holes to be used as gaming grips; or suction cup, and it may be integrally formed with the case.
and some have a clip for mounting the player on a belt. The buttons' purpose includes, but is not limited to, decora-
However, there is no case that serves all of these functions, 25 tion. Designs can be added to the surface of the buttons. The
and there is no case that serves the mounting functions with- buttons may also take on different forms to play different
out adding significant effective size to the player. roles, such as mounting jacks for players that function as
A need remains in the art for portable media player cases cameras or suction cups to attach to a surface.
and extending sockets that perform a multitude of functions, In one embodiment, the case comprises an outer body,
such as the aforementioned functions, without adding signifi- 30 covering the edges and part of the back of the player, formed
cantly to the effective size of the player. of a soft, flexible material such as thermoplastic urethane; an
inner body or"socket-board", covering the inner region of the
SUMMARY OF THE INVENTION back of the player, formed of a hard plastic, such as polycar-
bonate, integrally formed with the outer body; two accordi-
One or more embodiments of the one or more present 35 ons, formed of flexible material, for example a polyester-
inventions are directed to portable media player cases that based thermoplastic polyurethane elastomer such as
include extending sockets for serving other purposes beyond Skythane® S190A, snap-fit to the socket-board; and two
protection of the player itself, such as one or more of storing buttons, formed of hard plastic, such as polycarbonate, glued
headphone cords and preventing the cords from tangling, to the accordions. The case forms an opening for the portable
forming stand legs, forming gaming grips, clipping to belts, 40 media player screen in the front, with two socket extensions in
waistbands and shirt pockets, forming legs for wedging play- the back.
ers that are phones between the shoulder and ear, and forming Other embodiments include variations in (i) part material;
a grip that allows a user to securely hold and manipulate the (ii) number of socket extensions; (iii) location of socket
player with one hand. Such cases include sockets extendable extensions; (iv) mode of attachment of button to accordion;
outward from the case. The sockets generally include extend- 45 (v) mode of attachment of accordion to case body or portable
ing elements, called "accordions," comprising cylindrical or media player; (vi) presence or absence of: button, case body,
conical membranes with flexural hinges having feet at their and socket-board; (vii) number of case body parts; and (viii)
distal ends. The sockets are structured to allow headphone presence or absence of a component for connecting sockets
cords to be wound around the accordions when the sockets are extensions to the electronic components of the player to
extended, to prevent the cords from tangling. Cavities in the 50 enable further functionality such as speakers.
case are provided so that the sockets may collapse flush with
the case and may be partially or fully retracted with head- BRIEF DESCRIPTION OF THE DRAWINGS
phone cords wrapped around them in order to save space.
Buttons may attach at the distal ends of the socket and in at FIG.1 comprises FIG. lA, lB, lC, lD, and lE. FIG. lA is
least one embodiment are rigid, and in at least one embodi- 55 an isometric back view of a portable media player case
ment extend radially past the distal end of the sockets to according to at least one embodiment of the one or more
secure cords and the like. present inventions, wherein the sockets retracted, or col-
In at least one embodiment, the sockets further act as stand lapsed.
legs for propping the player in various tilted or upright posi- FIG. lB is an isometric back view of the portable media
tions for viewing, data entry, video conferencing, etc. In their 60 player case of FIG. lA with its sockets opened, or extended.
expanded states, the sockets act as comfortable grips for FIG. lC is an isometric back view of the portable media
gaming, data entry, and searching the Internet. In at least one player case of FIG. lA, with its sockets removed.
embodiment, the sockets act as a belt mount: two sockets can FIG. lD is an isometric front view of the portable media
collapse onto a belt between them, thereby securing the belt player case of FIG. lA, with a smart phone disposed within
between the sockets and the back of the case. The sockets in 65 the case.
their expanded state facilitate hands-free talking on phone FIG. lE is an isometric front view of the portable media
players, allowing user to comfortably wedge the player player case of FIG. lA, with the smart phone removed.
US 8,560,031 B2
3 4
FIG. 2 is an isometric exploded back view of the portable
media player case of FIG. 1.
FIG. 3 comprises FIGS. 3Aand3B. FIG. 3Aisanexploded Ref. No. Element
end view of the media case of FIG. 1. FIG. 3B is a side view 1. Button
of an alternative folding section. 2. Accordion
3. Socket-board
FIG. 4 comprises FIGS. 4A and 4B. FIG. 4A is a cutaway,
4. Outer case body
isometric, exploded, side view of the portable media player 5. Vertical button wall
case of FIG. 1, sectioned along the line A-A indicated in FIG. 6. Button ring
3A. FIG. 4B is a cutaway isometric side view of the portable 7. Accordion vent
10 8. Accordion top vertical wall
media player case of FIG. 1. 9. Accordion flexural hinge
FIG. 5 is a detailed cutaway isometric side view of a por- 10. Accordion flipper wall
tion of the portable media player case of FIG. 1 sectioned 11. Accordion middle vertical wall
12. Accordion bottom vertical wall
along the line A-A indicated in FIG. 3A. 13. Accordion male snap-fit
FIG. 6 is a side view of the portable media case of FIG. 1 15
14. Socket-board flange
propped upright by extending the lower of the two sockets at 15. Socket-board socket cavity
16. Socket-board female snap-fit
an oblique angle to the case. 17. Case body camera hole
FIG. 7 is an isometric side view of the portable media 18. Case body power button hole
player case of FIG. 1 tilted by extending the upper of the two 19. Case body lip
20. Case body speaker hole
sockets. 20 21. Case body port hole
FIG. 8 is an isometric side view of the portable media 22. Case ringer hole
player case of FIG. 1 disposed sideways and tilted by extend- 23. Case volume button
24. Socket (comprises 1 and 2)
ing the two sockets. 25. Headphone jack hole
FIG. 9 is a side view of the portable media player case with 26. Headphone jack (not part of invention)
both sockets partially extended at an oblique angle, to allow 25 27. Headphone cord (not part of invention)
for a shallow horizontal stand by resting case on faces of 28. Belt (not part of invention)
29. Folding portion of accordion
buttons or a steep horizontal stand by resting case on edges of 30. Socket-board camera and flash hole
buttons extended farthest from case. 31. Suction-cup
FIG.10 comprises FIGS. lOA and lOB. FIG. lOA is a back 32. Suction-cup tape platform
isometric view of a portable media player case according to 30 33. Suction-cup tape
34. Suction-cup female snap-fit
an embodiment of the present invention with the sockets 35 Suction-cup tape platform female snap-fit
extended and a headphone cord wrapped around the accordi- 100. Portable media player case constructed to attach a socket
ons. 101. Portable media player case not constructed to attach a
FIG. lOB is a back isometric view of a portable media socket (not part of invention)
200. Media player (not part of invention)
player case according to an embodiment of the present inven- 35
ti on with the sockets partially retracted and a headphone cord
wrapped around the accordions. FIG. 1 comprises FIGS. lA, lB, lC, lD, and lE. FIG. lA
FIG. 11 comprises FIGS. llA and llB. FIG. llA is a back is an isometric back view drawing of a portable media player
isometric view of a portable media player case according to case 100 according to the present invention with the accordi-
an embodiment of the present invention with the sockets 40 ons 2 of its sockets 24 retracted, or collapsed. FIG. lB is an
extended in oblique configurations and a belt inserted isometric back view of portable media player case 100 with
between the sockets. its accordions 2 opened, or extended.
FIG. llB is a back isometric view of a portable media Case 100 comprises outer case body 4, including socket-
player case according to an embodiment of the present inven- 45 board 3, and sockets 24. Each socket 24 generally comprises
tion with the sockets almost completely retracted and a belt
a collapsible accordion 2 attached to case 100 such that it
inserted between the sockets.
collapses to nestle within cavity 15, and a button 1 attached to
FIG. 12 comprises FIGS. 12A and 12B. FIG. 12A is an
the distal end of accordion 2. Button 1 may comprise a sepa-
exploded side view of a socket including an accordion and a
suction cup, and either a portable media player or a portable rate attached element or may be integral with accordion 2.
media player case according to an embodiment of the present 50 FIG. lA shows case 100 in a collapsed configuration. In a
invention wherein the socket attaches to a portable media preferred embodiment, each socket 24 fits within its cavity 15
player or portable media player case by way of a suction cup (shown in FIG. lB) such that the outer surface of button 1 is
that is snap-fit to one end of the accordion. FIG. 12B is an essentially flush with the back of the case body, and the
exploded side view of a socket, with a suction-cup tape plat- circumference of button 1 fills cavity 15 leaving little gap
form, suction-cup tape, and either a portable media player or 55 between button 1 and the back of case body 4. The advantage
a portable media player case according to an embodiment of of this embodiment is that the back of case 100 forms a fairly
the present invention wherein the socket attaches to a portable smooth surface that does not catch on other items or collect
media player or portable media player case by way of suction- detritus. Thus, the case is very similar to conventional por-
cup tape whose surface opposite the suction-cup surface is table media player cases in this configuration. Case 100 may
glued to a semi-rigid platform that snap-fits to one end of the 60 be unitary or constructed as shown in FIGS. 2-5, described
accordion. below.
Like conventional cases, case 100 generally includes open-
DETAILED DESCRIPTION OF THE INVENTION ings forming ports applicable to the media player, for
example speaker holes 20, port hole 21, ringer hole 22, vol-
The following table lists elements of the illustrated 65 ume buttons 23, and headphone jack hole 25.
embodiments of the invention and their associated reference FIG. lB shows case 100 with accordions 2 of sockets 24
numbers for convenience. extended. The user pulls buttons 1 out from case body 4, and
US 8,560,031 B2
5 6
accordions 2 unfold and extend outward. Preferably, accor- are extended outward. As an example, vertical button wall 5 is
dions 2 are stable in their extended position so they stay open glued to accordion top vertical wall 8. Accordion male snap-
until buttons 1 are pressed and sockets 24 close again. The fit 13 engages with socket-board female snap-fit element 16.
advantages of extendable sockets 24 are described below in Other embodiments might have button 1 formed integrally
detail, and include allowing headphone cord storage and 5 with, or snap-fitted to, accordion 2, or have accordion 2 per-
forming adjustable stands for the media player. manently affixed to socket-board 3.
FIG. lC is an isometric back view of portable media player FIG. 5 is a detailed sectioned isometric side view of a
case 100, with its sockets 24 removed. This allows an unob- portion of the portable media player case of FIG. 1, sectioned
structed view of the back of case 100. In this embodiment, the along the line A-A indicated in FIG. 3A. Socket 24 is in its
back of case 100 is formed of an attached socket-board 3, 10
collapsed position. Note that flexing of hinges 9 allows walls
forming socket cavities 15 having female snap-fit portions 16
10 and 11 to fold up in a generally parallel configuration next
for attaching accordions 2. FIG. lD is an isometric front view
to one another, rather than stacking on top of one another.
of portable media case 100, with a media player 200 (such as
an iPhone™ smart phone) disposed within the case. FIG. lE Walls 10 are designated as flipper walls, because they are
is an isometric front view of portable media case 100, with 15
oriented diagonally upward when accordions 2 are extended
media player 200 removed. Case 100 is sized to fit media and diagonally downward when accordions 2 are closed.
player 200. For example, in the case where media player 200 Walls 8, 11, and 12 remain oriented vertically in both con-
comprises an iPhone™, it might be about 118 mm tall by 62 figurations, and do not rotate. Wall 5 is rigid and does not
mm wide by 16 mm thick. Buttons 1 might be around 40 mm rotate. Note that the terms "upward" and "downward" are
in diameter 4 mm thick, and accordions 2 might extend out- 20 used for convenience in describing the drawings, but are
ward about 22 mm. specifically intended to include the case in various other
FIGS. 2-5 show examples of the construction and opera- orientations.
tion of the case with the sockets. FIGS. 2, 3 and 4A show In one embodiment, accordion 2 is a cone formed of
exploded views of case 100, and FIGS. 4B and 5 show cut- Skythane® Sl 90A. Walls 8, 10, 11, 12 are all about 1 to 2 mm
away views, sectioned along line A-A indicated in FIG. 3A, 25 thick and 2 to 5 mm long. Flexural hinges 9 are about 0.2 to
illustrating the operation of the sockets 24. 0.4 mm thick and 1 to 2 mm long. Flipper walls are about
FIG. 2 is an isometric exploded back view of one embodi- 20-40 degrees off vertical when accordion 2 is in an expanded
ment of portable media case 100. In this embodiment, the state. This allows walls 8, 10, 11, 12 to fold next to one
back surface of outer case body 4 comprises a socket-board 3 another in a generally parallel configuration as show in FIG.
including a socket-board flange 14 over-molded onto outer 30 5, reducing the profile of socket 24 in its collapsed configu-
case body 4 and forming socket-board cavities 15 which have ration.
female snap-fit portions 16. Sockets 24 comprise accordions Button ring 6 presses into accordion male snap-fit 13, in
2 and buttons 1. Each accordion 2 includes a male snap-fit order to urge it to engage with socket-board female snap-fit
portion 13 for attachment to socket-board female snap-fit 16 16.
(better shown in FIGS. 4 and 5). In a preferred embodiment, 35 FIG. 6 is a side view of portable media case 100 propped
each accordion is structured with accordion vents 7 to allow upright (called the video conference mode) by extending the
for air movement during expansion and contraction, and a lower of the two sockets 24 at an oblique angle to outer case
folding section 29 comprising walls and hinges (better shown body 4. FIG. 7 is an isometric side view of case 100 slightly
in FIGS. 4 and 5). As an alternative, folding section 29 could tilted (called the text mode) by extending the upper of the two
be configured similarly to the bendable portion of a bendable 40 sockets. FIG. 8 is an isometric side view of the case 100
straw or Slinky® Pop Toob as shown in FIG. 3B. (see for disposed sideways and tilted (called the theater mode) by
example U.S. Pat. Nos. 2,094,268 and 4,846,510, incorpo- extending the two sockets 24, either straight out for a steeper
rated herein by reference). angle, or obliquely for a shallower angle.
In a preferred embodiment, case body 4 is formed ofTPU FIG. 9 is a side view of the portable media case configured
or TPE. Socket-board 3 is formed of PC or ABS, as are 45 in the theater mode similar to FIG. 8, with sockets 24
buttons 1. Accordions 2 are formed of Skythane® S 190A or extended obliquely. When resting on the faces of the buttons
low-density polypropylene. in this configuration, portable media case is in what is called
FIG. 3 comprises FIGS. 3Aand3B. FIG. 3Aisanexploded surfing mode, well suited for browsing the Internet.
end view illustrating the structure of a preferred embodiment FIG. 10 comprises FIGS. lOA and lOB, and shows case
of accordion 2 in detail. Each accordion 2 includes a folding 50 100 used to retain a headset cord 27 without tangling. FIG.
section 29 comprising a series of relatively rigid walls 10, 11, lOA is a back isometric view of case 100 with the sockets
12 interspersed with flexural (or "living") hinges 9, which flex extended. The user has inserted a headset jack 26 into media
as accordion 2 is collapsed or expanded. Accordion 2 further player 200 via headset jack hole 25, and has wound head-
comprises top vertical wall 8 (for connection to button 1) and phone cord 27 around accordions 2. FIG. lOB is similar to
bottom vertical wall 12. 55 FIG. lOA, except that sockets 24 have been mostly retracted.
FIG. 3B shows an alternative folding section 29A of accor- This retains cord 27, reduces the thickness of case 100, and
dion 2. In these examples, folding sections 29A comprises lowers the chance of catching buttons 1 on other objects. It is
flexible membranes including hinges. In the embodiment of helpful for buttons 1 to extend radially past accordions 2 so
FIG. 3A, accordion 2 forms a cone. This allows walls 8, 10, that buttons 1 form a lip for retaining cord 27 (or a belt 28 as
11, 12 to fold next to one another (as shown in FIG. 5) rather 60 shown in FIG. 11).
than stacking on top of one another as is the case with the FIG. 11 comprises FIGS. llA and llB, and shows sockets
embodiment of FIG. 3B. Both embodiments 29 and 29A are 24 gripping a belt 28, in order to retain case 100. FIG. llA is
stable in various extended configurations. a back isometric view of case 100 with the sockets extended,
FIG. 4A is an isometric exploded side view of the portable so that belt 28 can be inserted under buttons 1 and between
media case of FIG. 1, sectioned along the line indicated in 65 accordions 2. FIG. llB is similar to FIG. llA, except that
FIG. 3A. FIG. 4B is a sectioned isometric side view of the sockets 24 have been mostly retracted, to grip belt 28 more
portable media case of FIG. 1, after fabrication. Sockets 24 tightly and reduce the profile of case 100.
US 8,560,031 B2
7 8
FIG. 12 comprises FIGS. 12A and 12B, and shows socket outward generally along its from the portable media
24 attaching either to portable media case 101 or to portable player and retracting back toward the portable media
media player 200. FIG. 12A is an exploded side view of a player by collapsing generally along its axis; and
socket 24, a suction cup 31, and either a portable media player a foot disposed at the distal end of the accordion.
200 or a portable media player case 101 according to an 10. The socket of claim 9 wherein the accordion comprises
embodiment of the present invention wherein the socket rigid walls interspersed with flexural hinges.
attaches to a portable media player 200 or portable media
11. The socket of claim 10 wherein the tapered shape
player case 101 by way of a suction cup that is snap-fitted to
one end of the socket 24. FIG. 12B is an exploded side view comprises a cone shape constructed and arranged such that
of a socket 24, a suction-cup tape platform 32, suction-cup 10
the walls fold generally parallel to the axis of the accordion
tape 33, and either a portable media player 200 or a portable when the accordion is collapsed.
media player case 101 according to an embodiment of the 12. The socket of claim 11 wherein the accordion is formed
present invention wherein the socket 24 attaches to a portable of polyester-based thermoplastic polyurethane elastomer, the
media player 200 or portable media player case 101 by way of walls are about 1 to 2 mm thick and 2 to 4 mm long, and the
suction-cup tape 33 whose surface opposite the suction-cup 15 flexural hinges are about 0.2 to 0.4 mm thick and 1 to 2 mm
surface is glued to a platform 32 that is snap-fitted to one end long.
of the socket 24. 13. The socket of claim 12 further comprising a button
While the exemplary preferred embodiments of the present attached to the foot, the button formed of a rigid material and
invention are described herein with particularity, those skilled extending radially past the foot.
in the art will appreciate various changes, additions, and 20 14. The socket of claim 9 wherein the securing element
applications other than those specifically mentioned, which comprises a suction cup.
are within the spirit of this invention. For example, media 15. The socket of claim 9 wherein the securing element
player 200 might be a tablet or an MP3 player or other device comprises suction-cup tape.
such as an iPod Touch™. Case 4 would then be sized accord-
ingly, and the appropriate portholes provided. In addition, 25
16. A method comprising the steps of:
more or fewer sockets may be provided. The sockets and attaching a socket including an accordion forming a
buttons may have different shapes and sizes. They might be tapered shape and having walls interspaced with flexural
resilient rather than rigid, or form suction cups. hinges to a portable media player;
What is claimed is: selectively extending the socket by unfolding the accor-
1. A portable media player case for housing a portable 30 dion generally along its axis; and
media player, comprising: selectively retracting the socket by folding the accordion
a case body for housing the portable media player; and generally along its axis such that the walls fold next to
an extendable socket attached to the case body, the socket each other.
including:
an accordion forming a tapered shape capable of extend- 35
17. The method of claim 16 wherein the retracting step
ing outward from the case body generally along its folds the walls into an orientation such that the walls are
and retracting back toward the case body by collaps- generally parallel to the axis of the accordion.
ing generally along its axis, and 18. The method of claim 16, wherein the step of attaching
a foot disposed at the distal end of the accordion. the socket comprises the step of enclosing the player in a case
2. The case of claim 1 wherein the accordion comprises 40 already having the socket attached to the case.
rigid walls interspersed with flexural hinges. 19. The method of claim 16 wherein the step of attaching
3. The case of claim 2 wherein the tapered shape comprises the socket attaches two sockets to the player.
a cone shape constructed and arranged such that the walls fold 20. The method of claim 19 wherein the step of extending
generally parallel to the axis of the accordion when the accor- the socket extends both of the sockets and the step of retracing
dion is collapsed. 45
the socket retracts both of the sockets and further including
4. The case of claim 3 wherein the accordion is formed of the step of winding a cord around the accordions after extend-
polyester-based thermoplastic polyurethane elastomer, the ing the sockets and before retracting the sockets.
walls are about 1 to 2 mm thick and 2 to 4 mm long, and the
flexural hinges are about 0.2 to 0.4 mm thick and 1 to 2 mm 21. The method of claim 19 wherein the step of extending
long. 50
the socket extends both of the sockets and further includes the
5. The case of claim 3 wherein the case body forms a cavity
step of bending the sockets in a curve away from the original
for housing the socket when the accordion is retracted. axes of the accordions.
6. The case of claim 1 further comprising a button attached 22. An extending socket for attaching to a portable media
to the foot, the button formed of a rigid material and extending player, the socket forming a tapered shape and further com-
radially past the foot. 55 prising:
7. The case of claim 1 further comprising a suction cup means for attaching the socket including an accordion
attached to the foot. forming a tapered shape to the back of the portable
8. The case of claim 1 wherein the foot comprises a suction media player;
cup. means for extending the socket outward generally along its
9. A socket for attaching to a portable media player or to a 60
axis from the portable media player and retracting the
portable media player case, comprising: socket back toward the portable media player by collaps-
a securing element for attaching the socket to the back of ing the socket generally along its axis; and
the portable media player or portable media player case;
and a foot disposed at the distal end of the extending and
an accordion forming a tapered shape connected to the 65
retracting means.
securing element, the accordion capable of extending * * * * *
UNITED STATES PATENT AND TRADEMARK OFFICE

CERTIFICATE OF CORRECTION
PATENT NO. : 8,560,031 B2 Page 1of1
APPLICATION NO. : 13/403729
DATED : October 15, 2013
INVENTOR(S) : David B. Barnett et al.
It is certified that error appears in the above-identified patent and that said Letters Patent is hereby corrected as shown below:
In the Claims
At Column 7, Line 37, "its and" should be -- its axis and--.
At Column 8, Line 1, "its from" should be -- its axis from --.
At Column 8, Line 44, "retracing" should be -- retracting --.
Signed and Sealed this

Seventh Day of March, 2017
Michelle K. Lee
Director of the United States Patent and Trademark Office
Exhibit B
Illlll llllllll Ill lllll llllll llll lllll lllll 111111111111111111111111111111111
USOOD777022S
c12) United States Design Patent c10) Patent No.: US D777,022 S

Barnett (45) Date of Patent: ** Jan.24,2017
(54) DEVICE CLIP D597,828 S * 8/2009 Tanaka ........................... D8/354

D601,412 S * 10/2009 Brown ........................... D8/395
(71) Applicant: David B. Barnett, Boulder, CO (US) D615,131 S * 5/2010 Biheller ....................... Dl4/400
D639,653 S * 612011 Kanda ............................ D9/434
D641,797 S * 7/2011 Chen ............................ Dl4/400
(72) Inventor: David B. Barnett, Boulder, CO (US)
(Continued)
(73) Assignee: POPSOCKETS LLC, Boulder, CO
FOREIGN PATENT DOCUMENTS
(US)
WO D046597 * 4/1999
(**) Term: 14 Years
(21) Appl. No.: 29/520,273 OTHER PUBLICATIONS
Amazon.com: Anti Snoring Nose Clips Snore Stopper Sleep

(22) Filed: Mar. 12, 2015
Device, website copyright 2016, https://www.amazon.com/Snor-
(51) LOC (10) Cl. ............................................... 08-08 ing-Clips-Stopper-Device-STCorps7/dp/BO1 D6UI93 A/ref~sr_l_
(52) U.S. Cl. 48?ie~UTF8&qid~l47355204l&sF8-48&
USPC . ... ... ... .. ... ... ... ... ... .. ... ... ... ... ... .. ... ... ... ... . D8/394 keywordFelectronic+device+clip, [site visited Sep. 10, 2016
( 58) Field of Classification Search 8:02:58 PM].*
USPC ................................. D32/394-396; D14/400 Amazon.com: Jwin Jhe45Sil Ultra Lightweight Ear-Clips For Digi-
CPC .. F16M 13/02; F16M 13/005; F16M 2200/00; tal Devices, review date Oct. 15, 2008, https://www.arnazon.com/ ...
HOlQ 1/24; HOlQ 1/244; H05K Sil-Lightweight-Ear-Clips-Discontinued-Manufacturer/dp/
BOOOFCP33M/ref~sr_l_l22?ie~UTF8&qid~l473552260&sF8-
7/12; A63F 13/06
122&keywordFelectronic+device+clip, [site visited Sep. 10, 2016
See application file for complete search history. 8:06:01 PM].*
(56) References Cited (Continued)
U.S. PATENT DOCUMENTS Primary Examiner - John Windmuller

Assistant Examiner - John R Yeh
2,026,454 A * 12/1935 Benzing ................ Fl6B 211186
30115.21 (57) CLAIM
D209,167 s * 11/1967 Huffman ........................ D8/396
4,020,533 A * 5/1977 Darling ............... FOlN 13/1805 The ornamental design for a device clip, as shown.
24/135 L
4,084,068 A * 4/1978 Lepik ....................... H05K 7/12 DESCRIPTION
174/138 R
4,319,758 A * 3/1982 Nicholson. Fl6J 15/3204
FIG. 1 is a front isometric view of a device clip showing my
277/345
4,403,378 A * 9/1983 Engman .............. FOlN 13/1805 new design;
24/277 FIG. 2 is a front elevational view thereof;
D305,098 s * 12/1989 Crowle .......................... D3/216 FIG. 3 is a rear elevational view thereof;
5,197,841 A * 3/1993 Tanaka .................. Fl6B 211186 FIG. 4 is a top plan view thereof;
4111353 FIG. 5 is a bottom plan view thereof;
6,544,124 B2 * 4/2003 Ireland .................... A63F 13/06
FIG. 6 is a left side elevational view thereof; and,
273/148 B
D508,841 s * 8/2005 Jordan, Jr. ..................... D8/395 FIG. 7 is a right side elevational view thereof.
D514,431 s * 212006 Tanaka ........................... D8/354
D592,509 S * 512009 Lecoutre ........................ D9/434 1 Claim, 3 Drawing Sheets
US D777,022 S
Page 2
(56) References Cited
U.S. PATENT DOCUMENTS
D658,719 S * 512012 Ikeda Dl4/400

D661,715 S * 612012 Hickman Dl5/143
D714,133 s * 9/2014 Kempshall . D8/395
9,151,323 B2 * 10/2015 Hickman Fl6C 43/02
2003/0045352 Al* 3/2003 Ireland .................... A63F 13/06
463/37
2005/0255918 Al* 11/2005 Riggs . A47C 3/16
463/37
200610140395 Al* 612006 Kim .......................... A45F 5102
379/428.01
2007/0287537 Al* 12/2007 Yu ........................... A63F 13/06
463/30
2014/0051518 Al* 2/2014 Russo G01Cl7/30
463/37
OTHER PUBLICATIONS
Steering Wheel On A White Stock Vector Illustration, SHutterstock
website 2016, ttp://www.shutterstock.com/pic-9l104542/stock-vec-
tor-steering-wheel-on-a-white.html?src~
eSSaPXYoulPQI5K4Iv6DQ-l-76, [site vsisited Sep. 10, 2016].*
Racing Style 3 lOmm D Shape PU Alloy Black Sport Racing
Steering Wheel I eBay, copyright 2016, http://www.ebay.com/itrn/
Racing-Style-31 Omm-D-Shape-PU-Alloy-Black-Sport-Racing-
Steering-Wheel/
322032561606?hash~item4afaa2edc6:g:dUMAAOSwr7ZW3oX-&
vxp~mtr, site visited [Sep. 10, 2016 8:38:38 PM].*
* cited by examiner
U.S. Patent Jan.24,2017 Sheet 1 of 3 US D777,022 S
FIG.1
FIG. 2
FIG.3
FIG.4
FIG. 5
FIG. 6
FIG. 7
Exhibit C
Illlll llllllll Ill lllll llllll llll lllll lllll 111111111111111111111111111111111
USOOD818808S
c12) United States Design Patent c10) Patent No.: US D818,808 S

Barnett (45) Date of Patent: ** May 29, 2018
(54) DEVICE CLIP 5,197,841 A 3/1993 Tanaka

D373,070 s * 8/ 1996 Kriegstein .. ... .... ... ... ... ... D8/3 54
(71) Applicant: POPSOCKETS LLC, Boulder, CO D426,425 S * 612000 Hermanski .................... D71400
6,544,124 B2 4/2003 Ireland et al.
(US) D487,390 S * 3/2004 Tanaka et al .................. D8/354
D508,841 S 8/2005 Jordan
(72) Inventor: David B. Barnett, Boulder, CO (US) D514,431 S * 212006 Tanaka et al .................. D8/354
D563,156 S * 3/2008 Goodman et al. ............. D7/388
(73) Assignee: PopSockets LLC, Boulder, CO (US) D578,383 S * 10/2008 Adams ........................... D8/395
D592,509 S 512009 LeCoutre
(**) Term: 15 Years (Continued)
(21) Appl. No.: 29/586,940 FOREIGN PATENT DOCUMENTS
(22) Filed: Dec. 8, 2016 FR 054196-001 * 12/2005

WO D046597 4/1999
Related U.S. Application Data

OTHER PUBLICATIONS
(63) Continuation of application No. 29/520,273, filed on
Mar. 12, 2015, now Pat. No. Des. 777,022. PopSockets PopClip : Target, question date 2017, site visited Sep.
18, 2017, https://www.target.com/ ... opping_Local
(51) LOC (11) Cl. ............................................... 08-08 &adgroup~SC_Electronics&LID~70000000 l l 70770pgs
(52) U.S. Cl. &network~g&device~c&location~9008192&gclid~
USPC . ... ... ... .. ... ... ... ... ... .. ... ... ... ... ... .. ... ... ... ... . D8/394 CjwKCAjw3f3NBRBPEiwAiiHxGI2h2gmgdbOvtOrqCj PcIWO_
(58) Field of Classification Search ycxDBUJO_uzRc-nCc87Jn57NjIWIBxoCaQOQAvD_BwE
USPC ................................................... D8/394-396 &gclsrc~aw.ds. *
CPC ....... F25D 2400/26; HOlQ 1/08; A47B 96/06;
A24F 19/0092 Primary Examiner - John Windmuller
See application file for complete search history. Assistant Examiner - John R Yeh
(57) CLAIM
(56) References Cited The ornamental design for a device clip, as shown and
U.S. PATENT DOCUMENTS described.
DESCRIPTION
2,026,454 A 12/1935 Benzing
2,487,803 A * 11/1949 Heimann ...................... 4111517 FIG. 1 is a front isometric view of a device clip showing our
2,574,034 A * 11/1951 Heimann ...................... 4111521
new design;
D209,167 s 11/1967 Huffman
3,758,923 A * 9/1973 Maude ............................ 24/556 FIG. 2 is a front view thereof;
3,853,021 A * 12/1974 Hayes ..................... Fl6H 53/00 FIG. 3 is a rear view thereof;
4,020,533 A 5/1977 Darling FIG. 4 is a top view thereof;
4,084,068 A 4/1978 Lepik et al. FIG. 5 is a bottom view thereof;
4,319,758 A 3/1982 Nicholson FIG. 6 is a left view thereof; and,
4,403,378 A 9/1983 Engman
D276,087 s * 10/1984 Kotyuk, Jr. .................... D28/79
FIG. 7 is a right view thereof.
D305,098 s 12/1989 Crowle et al. The broken lines form no part of the claimed design.
4,952,093 A * 8/1990 Murakami .................... 403/261
D322,735 s * 12/1991 Morton .......................... D7/400 1 Claim, 3 Drawing Sheets
US D818,808 S
Page 2
(56) References Cited
U.S. PATENT DOCUMENTS
D595,130 S * 612009 Bizzell ........................... D9/434

D597,828 S 8/2009 Tanaka et al.
D601,412 S 10/2009 Brown et al.
D608,189 S * 1/2010 Jackson et al . ................ D8/395
D615,131 S 5/2010 Biheller
D623,500 S * 9/2010 Langner et al. ............... D8/349
D639,653 S 6/2011 Kanda et al.
D641,797 S 7/2011 Chen
D642,450 S * 8/2011 Freese ............................ D8/367
D658,719 S 512012 Ikeda et al.
D661,715 S 612012 Hickman
D690,191 S * 912013 Takakuwa et al. ............ D8/396
D708,045 s * 7/2014 Ressler .......................... D8/396
D714,133 s 9/2014 Kempshall et al.
9,151,323 B2 * 10/2015 Hickman
D777,022 S * 1/2017 Barnett .......................... D8/394
D795,061 s * 8/2017 Bacallao ........................ D9/434
2003/0045352 Al 3/2003 Ireland et al.
2005/0255918 Al 11/2005 Riggs et al.
200610140395 Al 612006 Kim
200710114940 Al * 5/2007 Van De Voorde Fl6L 3/24
2007/0287537 Al 12/2007 Yu
2014/0051518 Al 2/2014 Russo
* cited by examiner
U.S. Patent May 29, 2018 Sheet 1 of 3 US D818,808 S
FIG. i
FIG. 2
FIG.3
FIG.4
FIG.5
FIG. 6
FIG. 7
Exhibit D
Exhibit E
Exhibit F
Reg. No. 5,486,563 PopSockets LLC (COLORADO LIMITED LIABILITY COMPANY)

3033 Sterling Circle
Registered Jun. 05, 2018 Boulder, COLORADO 80301
CLASS 9: Hand grips, stands, and mounts adapted for handheld electronic devices, namely,
Int. Cl.: 9 smartphones, tablet computers, cameras, and portable sound and video players
Trademark FIRST USE 12-31-2011; IN COMMERCE 11-23-2013
Principal Register THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
PARTICULAR FONT STYLE, SIZE OR COLOR
SER. NO. 87-674,518, FILED 11-07-2017

REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requirements in the First Ten Years*

What and When to File:
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
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Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
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Requirements in Successive Ten-Year Periods*

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The above documents will be accepted as timely if filed within six months after the deadlines listed above with
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extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
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The time periods for filing are based on the U.S. registration date (not the international registration date). The
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NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
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NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
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Page: 2 of 2 / RN # 5486563
Reg. No. 5,204,637 PopSockets LLC (COLORADO LIMITED LIABILITY COMPANY), FORMERLY iButtons
LLC ,
Registered May 16, 2017 3033 Sterling Circle
Boulder, CO 80301
Int. Cl.: 9 CLASS 9: Grips, stands, and mounts for handheld electronic devices, namely, smartphones,
tablets, cameras, sound players, and video players
Trademark
FIRST USE 3-13-2014; IN COMMERCE 8-10-2015
Principal Register
The mark consists of the word "POPSOCKETS" in a stylized font with the "O's" each
replaced by a slanted solid semi-circle with two slanted lines under the semi-circle and
parallel to the flat side of the semi-circle.
SER. NO. 87-198,127, FILED 10-10-2016

ELIANA ANDREA TORRES, EXAMINING ATTORNEY




Page: 2 of 2 / RN # 5204637
Reg. No. 5,394,408 PopSockets LLC (COLORADO LIMITED LIABILITY COMPANY)

3033 Sterling Circle
Registered Feb. 06, 2018 Boulder, COLORADO 80301
CLASS 9: Hand grips, stands, and mounts adapted for handheld electronic devices, namely,
Int. Cl.: 9 smartphones, tablet computers, cameras, and portable sound and video players
Trademark FIRST USE 3-13-2014; IN COMMERCE 8-10-2015
Principal Register The mark consists of a slanted solid semi-circle with two slanted lines under the semi-circle
and parallel to the flat side of the semi-circle.
SER. NO. 87-321,001, FILED 02-01-2017





Page: 2 of 2 / RN # 5394408
JS 44 (Rev. 06/17) 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

PopSockets LLC DozTrading LLC; DozCell LLC; Mehmet Doz
(b) County of Residence of First Listed Plaintiff BOULDER CTY, CO County of Residence of First Listed Defendant DANE
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
see attachment
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State
u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers’ Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 835 Patent - Abbreviated u 460 Deportation
Student Loans u 340 Marine Injury Product New Drug Application u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability u 840 Trademark Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY u 480 Consumer Credit
of Veteran’s Benefits u 350 Motor Vehicle u 370 Other Fraud u 710 Fair Labor Standards u 861 HIA (1395ff) u 490 Cable/Sat TV
u 160 Stockholders’ Suits u 355 Motor Vehicle u 371 Truth in Lending Act u 862 Black Lung (923) u 850 Securities/Commodities/
u 190 Other Contract Product Liability u 380 Other Personal u 720 Labor/Management u 863 DIWC/DIWW (405(g)) Exchange
u 195 Contract Product Liability u 360 Other Personal Property Damage Relations u 864 SSID Title XVI u 890 Other Statutory Actions
u 196 Franchise Injury u 385 Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 891 Agricultural Acts
u 362 Personal Injury - Product Liability u 751 Family and Medical u 893 Environmental Matters
Medical Malpractice Leave Act u 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 790 Other Labor Litigation FEDERAL TAX SUITS Act
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: u 791 Employee Retirement u 870 Taxes (U.S. Plaintiff u 896 Arbitration
u 220 Foreclosure u 441 Voting u 463 Alien Detainee Income Security Act or Defendant) u 899 Administrative Procedure
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRS—Third Party Act/Review or Appeal of
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 Agency Decision
u 245 Tort Product Liability Accommodations u 530 General u 950 Constitutionality of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION State Statutes
Employment Other: u 462 Naturalization Application
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict u 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. § 271 et seq; 17 U.S.C. § 101 et seq; 15 U.S.C. § 1051 et seq
VI. CAUSE OF ACTION Brief description of cause:
Patent infringement, copyright infringement, trademark infringement and unfair competition
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
07/27/2018 s/ Jennifer L. Gregor
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

PopSockets LLC v. DozTrading LLC, et al.
ATTACHMENT TO CIVIL COVER SHEET
Attorneys for Plaintiff PopSockets LLC
MARSHALL, GERSTEIN & BORUN LLP

Benjamin T. Horton, pro hac vice pending
David N. Patariu, pro hac vice pending
Michelle Bolos, pro hac vice pending
6300 Willis Tower
233 S. Wacker Dr.
Chicago, IL 60606
(312) 474-6300
bhorton@marshallip.com
dpatariu@marshallip.com
mbolos@marshallip.com

Jennifer L. Gregor, SBN 1078174
One E. Main St, Ste 500
PO Box 2719
Madison, WI 53701-2719
(608) 257-3911
jgregor@gklaw.com
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
Western District
__________ DistrictofofWisconsin
__________
PopSockets LLC )
)
)
)
Plaintiff(s) )
)
v. Civil Action No. 18-cv-588
)
DozTrading LLC; DozCell LLC; Mehmet Doz )
)
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) DozTrading LLC

c/o Registered Agent
Mehmet Doz
1010 East Washington Avenue
Unit 1020
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Jennifer L. Gregor
(608) 257-3911
jgregor@gklaw.com
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 18-cv-588
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
Print Save As... Reset


for the
Western District
__________
PopSockets LLC )
)
)
)
Plaintiff(s) )
)
)
)
)
)
Defendant(s) )
To: (Defendant’s name and address) DozCell LLC

c/o Registered Agent
Nawang Choney
1010 East Washington Avenue Apt 1020
(608) 257-3911
jgregor@gklaw.com
CLERK OF COURT
Date:
PROOF OF SERVICE


on (date) ; or

on (date) ; or
.
Date:
Server’s address


for the
Western District
__________
PopSockets LLC )
)
)
)
Plaintiff(s) )
)
)
)
)
)
Defendant(s) )
To: (Defendant’s name and address) Mehmet Doz

1010 East Washington Avenue
Unit 1020
(608) 257-3911
jgregor@gklaw.com
CLERK OF COURT
Date:
PROOF OF SERVICE


on (date) ; or

on (date) ; or
.
Date:
Server’s address

AO 120 (Rev. 08/10)
Mail Stop 8 REPORT ON THE

TO:
Director of the U.S. Patent and Trademark Office FILING OR DETERMINATION OF AN
P.O. Box 1450 ACTION REGARDING A PATENT OR
Alexandria, VA 22313-1450 TRADEMARK
In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
filed in the U.S. District Court Western District of Wisconsin on the following
G Trademarks or ✔ Patents.
G ( G the patent action involves 35 U.S.C. § 292.):
DOCKET NO. DATE FILED U.S. DISTRICT COURT

7/27/2018 Western District of Wisconsin
PLAINTIFF DEFENDANT
PopSockets LLC DozTrading LLC; DozCell LLC; Mehmet Doz
PATENT OR DATE OF PATENT

HOLDER OF PATENT OR TRADEMARK
TRADEMARK NO. OR TRADEMARK
1 see attachment
In the above—entitled case, the following patent(s)/ trademark(s) have been included:
DATE INCLUDED INCLUDED BY
G
Amendment G Answer G Cross Bill G Other Pleading
HOLDER OF PATENT OR TRADEMARK
TRADEMARK NO. OR TRADEMARK
1
In the above—entitled case, the following decision has been rendered or judgement issued:
DECISION/JUDGEMENT
CLERK (BY) DEPUTY CLERK DATE
Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
PopSockets LLC v. DozTrading LLC, et al.
ATTACHMENT TO AO 120

TRADEMARK NO. OR TRADEMARK HOLDER OF PATENT OR TRADEMARK
D777,022 1/24/2017 PopSockets LLC
D818,808 5/29/2018 PopSockets LLC
8,560,031 10/15/2013 PopSockets LLC
TM 5,486,563 6/5/2018 PopSockets LLC

PopSockets v. DozTrading - Complaint

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Case: 3:18-cv-00588 Document #: 3 Filed: 07/27/18 Page 1 of 31

IN THE UNITED STATES DISTRICT COURT

COMPLAINT FOR PATENT, COPYRIGHT AND TRADEMARK INFRINGEMENT,

unfair competition against Defendants DozTrading LLC (“DozTrading”), DozCell LLC

(“DozCell”), and Mehmet Doz (collectively, “Defendants”), hereby alleges:

1. PopSockets is one of the nation’s leading providers of grips and mount

sold in stores and online throughout the United States.

2. Defendants DozTrading and DozCell, under the ownership and management of

3. Defendants copied PopSockets’ works of art from PopSockets’ website or the

or substantially similar versions.

source of Defendants’ products.

NATURE OF THE CASE

Defendants’ unlawful use of confusingly similar variations of PopSockets’ registered

6. PopSockets is a corporation organized under the laws of Colorado with its

JURISDICTION AND VENUE

U.S.C. §§ 1331 and 1338(a).

this District and throughout this State of Wisconsin.

15, 2013. A copy of the ’031 Patent is attached hereto as Exhibit A.

such as Target and Best Buy.

Galliet’s “Fit For Real Life Seal of Approval” award in 2016.

(“Accused Mount Product”) (collectively, the “Accused Products”) are marketed as a

capabilities of your phone.”

for sale the Accused Products.

rights and requesting Defendants cease distributing the Accused Products.

sale the Accused Grip Product which embodies:

a. a securing element for attaching the socket to the back of a

b. an accordion that is capable of extending outward generally along

26. Examples of Defendants’ infringement of claim 16 includes performing the

claimed method steps of:

a. attaching a socket including the accordion to a portable media

b. selectively extending the socket by unfolding the accordion

c. selectively retracting the socket by folding the accordion generally

U.S. Design Patent No. D777,022

Patent is attached hereto as Exhibit B.

currently the CEO of PopSockets.

marketed as a mount holder for a PopSockets grip.

’022 Patent Defendants’ Infringing Mount Product

U.S. Design Patent No. D818,808

is attached hereto as Exhibit C.

currently the CEO of PopSockets.

as a mount holder for PopSockets.

’808 Patent Defendants’ Infringing Mount Product

Defendants’ Unauthorized Use of PopSockets’ Works of Art

attached hereto as Exhibit D, unlawfully copied by Defendants. Reg. Nos. VA0002058815;

VA0002058459; VA2058466; VA0002058447; VA0002058435; VA0002058443;

VA0002058463. The copyright registration certificates are attached hereto as Exhibit E.

36. PopSockets’ and/or PopSockets’ authorized resellers’ website(s) and product

37. In their promotion of the Accused Products, and without permission or

graphics displayed on PopSockets’ and/or PopSockets’ authorized resellers’ website(s) and

PopSockets’ Registered Works of Art Defendants’ Infringing Use

PopSockets’ Registered Works of Art Defendants’ Infringing Use

Defendants’ Unauthorized Use of PopSockets’ Trademarks

38. PopSockets owns federal trademark registrations for POPSOCKETS (the

Nos. 5486563; 5204637; 4942725; 4575440; 4572125.

39. PopSockets has used the Mark since at least 2011.

packaging, product displays, advertisements, and social media pages.

41. Due to the Mark’s inherent distinctiveness, and as a result of PopSockets’

42. Without permission or authorization, Defendants use and sell products in

“Popsocket,” among other infringing variations.

“Popsocket,” “POP SOCKETS,” and “POPUPSOCKETS” to represent the Accused Products.

knowledge, or should have known, of PopSockets’ use of the Mark.

trade on PopSockets’ goodwill and business reputation.

a likelihood of confusion as to the source of Defendants’ products.

Registration No. 5394408.