Case: 1:18-cv-02295 Doc #: 1 Filed: 10/03/18 1 of 6.

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

THE NOCO COMPANY, INC., )

30339 Diamond Pkwy #102, ) JUDGE:
Glenwillow, Ohio 44139-5400 )
) MAGISTRATE JUDGE:
Plaintiff, )
) CASE NO:
v. )
)
GUANGZHOU BOJU INFORMATION )
TECHNOLOGY CO., LTD. ) COMPLAINT FOR
dba BougeRV ) DESIGN PATENT INFRINGEMENT
#301, Tairong Business Center, Bldg. C10 )
Self-made, No.63, Xizeng Rd., Liwan Dist ) JURY TRIAL DEMANDED
Guangzhou )
CHINA )
)
Defendant. )

Plaintiff The NOCO Company, Inc. (“NOCO”), for its Complaint against Guangzhou

Boju Information Technology Co., Ltd. dba BougeRV (herein “BougeRV”), alleges as follows:

Nature of the Action

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

United States, 35 U.S.C. § 101 et seq. This action arises by reason of BougeRV’s copying of

NOCO’s distinctive design for the product described below.

Jurisdiction and Venue

2. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.

§§ 1331.

3. Defendant is an alien business entity subject to personal jurisdiction in this Court

because it directs its infringing activities to the United States and the State of Ohio through,
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among other things: marketing its infringing products to residents of the United States and the

State of Ohio through the Amazon.com online marketplace and importing its infringing products

into the United States.

4. Venue is proper in this district pursuant to 28 U.S.C. § 1391(c)(3) because

BougeRV is an alien business entity that imports into, offers to sell, and sells the infringing

products in the United States and, on information and belief, 28 U.S.C. § 1391(b) because a

substantial part of the events giving rise to NOCO’s claims have occurred and, unless enjoined,

will continue to occur within this district, in that BougeRV has offered and/or sold the infringing

products in this district.

Parties

5. NOCO is organized under the laws of the State of Ohio, with its principal place of

business in Glenwillow, Ohio.

6. BougeRV is, on information and belief, a company organized under the laws of

China, with its principal place of business in Guangzhou, China.

FACTUAL BACKGROUND

NOCO And The AC Port Plug Design Patent

7. Founded in Cleveland, Ohio in 1914, and continuously owned and managed by

the same family since then, NOCO designs and manufactures, among other products, premium

consumer battery chargers, jump starters, and other portable power devices used primarily in the

automotive and marine industries, as well as related accessory products.

8. Among NOCO’s robust product line, NOCO produces and sells a product called

an AC Port Plug, which is coupled to an extension cord. A primary use of that product is to

provide improved accessibility to power outlets for uses in automotive and industrial settings. A

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photograph of NOCO’s AC Port Plug and extension cord is shown below, along with text

describing the product’s main features:

9. In order to protect the distinctive ornamental design of its AC Port Plug, NOCO

applied for and was issued a design patent granted by the USPTO on that design, U.S. Des.

D684,929, entitled AC Port (the “D’929 patent”). The D’929 patent was issued on June 25, 2013

and a copy is attached as Exhibit A.

CLAIM FOR RELIEF

Design Patent Infringement

35 U.S.C. § 271(a)

10. NOCO realleges and incorporates by reference the allegations of Paragraphs 1

through 9 above.

11. BougeRV imports, promotes, and sells a variety of consumer goods. In particular,

on information and belief, BougeRV promotes and sells in the United States a copycat version of

NOCO’s AC Port Plug (the “Infringing Port Plug”). Defendant does so through, inter alia,

promoting and selling the AC Port Plug through the Amazon.com online marketplace.

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12. BougeRV has infringed the D’929 Patent by making, importing, using, offering to

sell, or selling in the United States, including in the State of Ohio and within this District,

products infringing the ornamental design covered by the D’929 Patent in violation of 35 U.S.C.

§ 271.

13. The below comparison of figures from the D’929 patent with exemplary images

of the Infringing Port Plug illustrates BougeRV’s infringement:

[Fig. 2]

[Fig. 4]

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14. The design of BougeRV’s Infringing Port Plug is the same or substantially the

same as the design of the D’929 Patent. The designs are so similar as to be nearly identical such

that an ordinary observer, giving such attention as a purchaser usually gives, would be so

deceived by the substantial similarity between the designs so as to be induced to purchase

BougeRV’s Infringing Port Plugs believing them to be substantially the same as the design

protected by the D’929 Patent.

15. BougeRV’s acts of infringement of the D’929 Patent were undertaken without

authority, permission or license from NOCO. BougeRV’s infringing activities violate 35 U.S.C.

§ 271.

16. BougeRV’s infringement has damaged NOCO.

17. NOCO is entitled to an accounting of all revenue and profits derived by BougeRV

from the unlawful conduct alleged herein including, without limitation, BougeRV’s total profit

pursuant to 35 U.S.C. § 289.

18. NOCO is entitled to a permanent injunction preventing BougeRV from further

infringing the D’929 Patent.

Prayer For Relief

WHEREFORE, NOCO prays for judgment as follows:

1. A judgment that BougeRV infringed the D’929 patent.

2. A permanent injunction enjoining BougeRV, and all persons acting in concert

with BougeRV, from infringing the D’929 patent.

3. A judgment and order requiring BougeRV to pay NOCO all damages caused by

BougeRV’s infringement of the D’929 patent (but in no event less than a reasonable royalty)

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pursuant to 35 U.S.C. § 284, or the total profit made by BougeRV from its infringement of the

D’929 patent, pursuant to 35 U.S.C. § 289.

4. A judgment and order requiring BougeRV to pay NOCO supplemental damages

or profits for any continuing post-verdict infringement up until entry of the final judgment, with

an accounting, as needed.

5. A judgment and order requiring BougeRV to pay NOCO increased damages up to

three times the amount found or assessed pursuant to 35 U.S.C. § 284.

6. A judgment and order requiring BougeRV to pay NOCO pre-judgment and post-

judgment interest on any damages or profits awarded.

7. A determination that this action is an exceptional case pursuant to 35 U.S.C. §

285.

8. That NOCO have such other and further relief as the Court may deem just and

proper.

Respectfully submitted,

/s/ Michael J. Garvin

Michael J. Garvin [0025394]
Patrick R. Akers [0095985]

VORYS, SATER, SEYMOUR AND PEASE LLP

200 Public Square, Suite 1400
Cleveland, OH 44114
(216) 479-6100
mjgarvin@vorys.com
prakers@vorys.com

Attorneys for Plaintiff

The NOCO Company, Inc.

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EXHIBIT A
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USOOD684929S

(12) United States Design Patent (10) Patent No.: US D684,929 S

NO0k et al. (45) Date of Patent: Jun. 25, 2013
(54) ACPORT http://www.trollingmotors.net/ac-power-port-freshwater searched
RMS Feb. 28, 2013.*
(75) Inventors: Jonathan Lewis Nook, Gates Mills, OH
(US); William Knight Nook, Sr., Shaker * cited by examiner
Heights, OH (US); James Richard
Stanfield, Peoria, AZ (US); Derek Primary Examiner — Robert M Spear
Michael Underhill, Tempe, AZ (US) Assistant Examiner — Rhea Shields
(73) Assignee: The Noco Company, Glenwillow, OH (74) Attorney, Agent, Of Firm — Vorys, Sater, Seymour and
(US) Pease LLP. William L. Klima
**) Term
(**) Term: 14 Y S (57) CLAM
(21) Appl. No. 29/430,542 The ornamental design for an AC port, as shown and
described.
(22) Filed: Aug. 27, 2012
(51) LOC (9) Cl. .................................................. 13-03 DESCRIPTION
(52) U.S. Cl.
USPC - - - - - - - - - - - grrrr. D13A137.1 FIG. 1 is a perspective view for an AC port;
(58) Field of Classification Search FIG. 2 is a front elevational view of the AC portas seen in FIG.
USPC .................. D13/152, 164, 184, 137.1, 139.1, 1:
Dr. s is 5. 35' 3. 1. G. 3 is a rear elevational view of the AC port as seen in FIG.
D13/160, 107:361/683; D9/416, 423
See application file for complete search history.
FIG. 4 is a left-side elevational view of the AC port as seen in
FIG. 1
(56) References Cited FIG. 5 is a right-side elevational view of the AC port as seen
in FIG. 1;
U.S. PATENT DOCUMENTS FIG. 6 is a top planar view of the AC port as seen in FIG. 1;
D316,399 S * 4, 1991 Wharton ...................... D13,133 and,
D503.925 S * 4/2005 Wu .............................. D13,133 FIG. 7 is a bottom planar view of the AC port as seen in FIG.
7.210,960 B2 * 5/2007 Mak .............................. 439/505 1.
OTHER PUBLICATIONS The parts shown in broken lines are not part of the claimed
design.
http://www.completebatterySource.com/gcp1-ac-port-plug.html
searched RMS Feb. 28, 2013.* 1 Claim, 6 Drawing Sheets
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U.S. Patent Jun. 25, 2013 Sheet 1 of 6 US D684,929 S

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U.S. Patent Jun. 25, 2013 Sheet 2 of 6 US D684,929 S

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U.S. Patent Jun. 25, 2013 Sheet 3 of 6 US D684,929 S

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U.S. Patent Jun. 25, 2013 Sheet 4 of 6 US D684,929 S

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U.S. Patent Jun. 25, 2013 Sheet 6 of 6 US D684,929 S

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