1

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Case No. 1

COMPLAINT FOR PATENT INFRINGEMENT OF U.S. PATENT NOS. D584,758 AND D602,978

S
T
E
T
I
N
A

B
R
U
N
D
A

G
A
R
R
E
D

&

B
R
U
C
K
E
R

Q
W

1
1
1
1

X
1

W
4

W
1
1

4

N
1

Q
4
,

W
1
1
1
4
1
1
1
W

W

W
W
W


P
H
O
N
E
:


(
9
4
9
)

8
5
5
-
1
2
4
6
;

F
A
C
S
I
M
I
L
E
:


(
9
4
9
)

8
5
5
-
6
3
7
1

Kit M. Stetina (SBN 82,977)
William J. Brucker (SBN 152,551)
Stephen Z. Vegh (SBN 174,713)
STETINA BRUNDA GARRED & BRUCKER
75 Enterprise, Suite 250
Aliso Viejo, CA 92656
Email: litigate@stetinalaw.com
Tel: (949) 855-1246
Fax: (949) 855-6371

Attorneys for Plaintiff
ORANGE 21 NORTH AMERICA INC.



IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF CALIFORNIA


ORANGE 21 NORTH AMERICA INC., a
California corporation,

Plaintiff

vs.

ICON EYEWEAR, INC., a New York
Corporation; ZOO YORK, LLC, a New
Jersey Limited Liability Company; ZY
HOLDINGS, LLC, a Delaware limited
liability company; and DOES 1-10,
inclusive,

Defendants

Case No.

COMPLAINT FOR PATENT
INFRINGEMENT OF U.S.
PATENT NOS. D584,758 and
D602,978

DEMAND FOR JURY TRIAL


COMPLAINT
Plaintiff, Orange 21 North America Inc., for its Complaint against Icon
Eyewear, Inc., Zoo York, LLC and ZY Holdings, LLC states and alleges as follows:
PARTIES
'12CV0205 NLS JAH
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Case No. 2

COMPLAINT FOR PATENT INFRINGEMENT OF U.S. PATENT NOS. D584,758 AND D602,978

S
T
E
T
I
N
A

B
R
U
N
D
A

G
A
R
R
E
D

&

B
R
U
C
K
E
R

Q
W

1
1
1
1

X
1

W
4

W
1
1

4

N
1

Q
4
,

W
1
1
1
4
1
1
1
W

W

W
W
W


P
H
O
N
E
:


(
9
4
9
)

8
5
5
-
1
2
4
6
;

F
A
C
S
I
M
I
L
E
:


(
9
4
9
)

8
5
5
-
6
3
7
1

1. Plaintiff, Orange 21 North America Inc. (hereinafter Orange 21 or
Plaintiff) is a corporation organized and existing under the laws of the state of
California, and having a principal place of business at 2070 Las Palmas Drive,
Carlsbad, California 92011.
2. Upon information and belief, Defendant Icon Eyewear, Inc. is a
corporation organized and existing under the laws of the state of New York
(hereinafter Icon), and having a principal place of business at 70 Moonachie Ave.,
Moonachie, NJ 07074 and/or 75 Seaview Dr., Secaucus, New Jersey 07094.
3. Upon information and belief, Zoo York, LLC is a limited liability
company organized and existing under the laws of the state of New Jersey
(hereinafter Zoo York), and having a principal place of business at 40 West 23
rd

Street, New York, NY 10010 and/or 425 W. 13
th
Street, Suite 603, New York, NY
10014.
4. Upon information and belief, ZY Holdings, LLC is a limited liability
company organized and existing under the laws of the state of Delaware (hereinafter
ZY), and having a principal place of business at 1450 Broadway, 3
rd
Floor, New
York, NY 10018.
5. The true names and capacities of the Defendants named herein as DOES
1 through 10, whether individual, corporate, associate, or otherwise, are unknown to
Plaintiff, who therefore sues said Defendants by said fictitious names. Plaintiff is
informed and believes, and thereon alleges, that each of the Defendants designated
herein as DOE is legally responsible for the events and happenings hereinafter
alleged and legally caused injury and damages proximately thereby to Plaintiff as
herein alleged. Plaintiff will seek leave to amend the Complaint when the true names
and capacities of said DOE Defendants have been ascertained. Icon, Zoo York, ZY,
and DOES 1 through 10 are hereinafter collectively referred to as Defendants.
6. Plaintiff is informed and believes, and on that basis alleges, that each of
the Defendants participated in and is in some manner responsible for the acts
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Case No. 3

COMPLAINT FOR PATENT INFRINGEMENT OF U.S. PATENT NOS. D584,758 AND D602,978

S
T
E
T
I
N
A

B
R
U
N
D
A

G
A
R
R
E
D

&

B
R
U
C
K
E
R

Q
W

1
1
1
1

X
1

W
4

W
1
1

4

N
1

Q
4
,

W
1
1
1
4
1
1
1
W

W

W
W
W


P
H
O
N
E
:


(
9
4
9
)

8
5
5
-
1
2
4
6
;

F
A
C
S
I
M
I
L
E
:


(
9
4
9
)

8
5
5
-
6
3
7
1

described in this Complaint and any damages resulting therefrom.
7. Plaintiff is informed and believes, and on that basis alleges, that each of
the Defendants has acted in concert and participation with each other concerning each
of the claims in this Complaint.
8. Plaintiff is informed and believes, and on that basis alleges, that each of
the Defendants were empowered to act as the agent, servant and/or employees of each
of the other Defendants, and that all the acts alleged to have been done by each of
them were authorized, approved, and/or ratified by each of the other Defendants.
JURISDICTION AND VENUE
9. This action, as hereinafter more fully appears, arises under the patent
laws of the United States of America (35 U.S.C. 101 et seq.), and is for patent
infringement. Jurisdiction for all counts is based upon 28 U.S.C. 1331, 1338(a).
10. Venue is proper under 28 U.S.C. 1391(b) as Defendants have
committed acts of infringement in this judicial district.
BACKGROUND OF THE CONTROVERSY
11. Plaintiff is the owner of all right, title and interest in and to United States
Design Patent No. D584,758 entitled Sunglass (hereinafter the 758 patent). A
true and correct copy of the 758 patent is attached hereto as Exhibit 1. The 758
patent was duly and lawfully issued on January 13, 2009 and is presently valid and in
full effect.
12. Plaintiff is the owner of all right, title and interest in and to United States
Design Patent No. D602,978 entitled Sunglass (hereinafter the 978 patent). A
true and correct copy of the 978 patent is attached hereto as Exhibit 2. The 978
patent was duly and lawfully issued on October 27, 2009 and is presently valid and in
full effect. (hereinafter the 758 and 978 patents collectively referred to as the
patents-in-suit).
13. Upon information and belief, Defendants have been and are infringing
the patents-in-suit within this district and elsewhere in the United States by making,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Case No. 4

COMPLAINT FOR PATENT INFRINGEMENT OF U.S. PATENT NOS. D584,758 AND D602,978

S
T
E
T
I
N
A

B
R
U
N
D
A

G
A
R
R
E
D

&

B
R
U
C
K
E
R

Q
W

1
1
1
1

X
1

W
4

W
1
1

4

N
1

Q
4
,

W
1
1
1
4
1
1
1
W

W

W
W
W


P
H
O
N
E
:


(
9
4
9
)

8
5
5
-
1
2
4
6
;

F
A
C
S
I
M
I
L
E
:


(
9
4
9
)

8
5
5
-
6
3
7
1

using, selling, importing, distributing and/or offering for sale products that infringe
the claims of the patents-in-suit.
14. Upon information and belief, Defendants infringing sunglass products
are identified as Style Nos. 20105 and 20101. A copy of Defendants products are
attached hereto as Exhibit 2.
FIRST CLAIM FOR RELIEF
(Patent Infringement of U.S. Patent No. D584,758)
15. Plaintiff realleges and repeats the allegations of paragraphs 1-14 above.
16. Plaintiff is the owner of all right, title and interest in and to United States
Design Patent No. D584,758 entitled Sunglass. A true and correct copy of the 758
patent is attached hereto as Exhibit 1. The 758 patent was duly and lawfully issued
on January 13, 2009 and is presently valid and in full effect.
17. Upon information and belief, Defendants have been and are infringing
the 758 patent within this district and elsewhere in the United States by making,
using, selling, importing, distributing and/or offering for sale products that infringe
the claims of the 758 patent.
18. Upon information and belief, by the acts of patent infringement herein
complained of, the Defendants have made substantial profits to which they are not
equitably entitled.
19. By reason of the aforementioned acts of the Defendants, the Plaintiff has
suffered great detriment in a sum which exceeds this Courts jurisdictional amount,
but which cannot be ascertained at this time.
20. Upon information and belief, Defendants continue to infringe Plaintiffs
758 patent, and will continue to infringe Plaintiffs 758 patent, and will continue to
infringe Plaintiffs patent-in-suit to Plaintiffs irreparable harm, unless enjoined by
this Court.
21. Upon information and belief, Defendants were aware of the patent-in-
suit and the past and continuing infringement of the 758 patent by Defendants are
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Case No. 5

COMPLAINT FOR PATENT INFRINGEMENT OF U.S. PATENT NOS. D584,758 AND D602,978

S
T
E
T
I
N
A

B
R
U
N
D
A

G
A
R
R
E
D

&

B
R
U
C
K
E
R

Q
W

1
1
1
1

X
1

W
4

W
1
1

4

N
1

Q
4
,

W
1
1
1
4
1
1
1
W

W

W
W
W


P
H
O
N
E
:


(
9
4
9
)

8
5
5
-
1
2
4
6
;

F
A
C
S
I
M
I
L
E
:


(
9
4
9
)

8
5
5
-
6
3
7
1

willful, entitling Plaintiff to enhanced damages.
SECOND CLAIM FOR RELIEF
(Patent Infringement of U.S. Patent No. D602,978)
1. Plaintiff realleges and repeats the allegations of paragraphs 1-21 above.
2. Plaintiff is the owner of all right, title and interest in and to United States
Design Patent No. D602,978 entitled Sunglass. A true and correct copy of the 978
patent is attached hereto as Exhibit 2. The 978 patent was duly and lawfully issued
on October 27, 2009 and is presently valid and in full effect.
3. Upon information and belief, Defendants have been and are infringing
the 978 patent within this district and elsewhere in the United States by making,
using, selling, importing, distributing and/or offering for sale products that infringe
the claims of the 978 patent.
4. Upon information and belief, by the acts of patent infringement herein
complained of, the Defendants have made substantial profits to which they are not
equitably entitled.
5. By reason of the aforementioned acts of the Defendants, the Plaintiff has
suffered great detriment in a sum which exceeds this Courts jurisdictional amount,
but which cannot be ascertained at this time.
6. Upon information and belief, Defendants continue to infringe Plaintiffs
978 patent, and will continue to infringe Plaintiffs 978 patent, and will continue to
infringe Plaintiffs patent-in-suit to Plaintiffs irreparable harm, unless enjoined by
this Court.
7. Upon information and belief, Defendants were aware of the patent-in-
suit and the past and continuing infringement of the 978 patent by Defendants are
willful, entitling Plaintiff to enhanced damages.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against the Defendants as follows:
A. A judgment that Defendants have infringed the patents-in-suit.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Case No. 6

COMPLAINT FOR PATENT INFRINGEMENT OF U.S. PATENT NOS. D584,758 AND D602,978

S
T
E
T
I
N
A

B
R
U
N
D
A

G
A
R
R
E
D

&

B
R
U
C
K
E
R

Q
W

1
1
1
1

X
1

W
4

W
1
1

4

N
1

Q
4
,

W
1
1
1
4
1
1
1
W

W

W
W
W


P
H
O
N
E
:


(
9
4
9
)

8
5
5
-
1
2
4
6
;

F
A
C
S
I
M
I
L
E
:


(
9
4
9
)

8
5
5
-
6
3
7
1

B. A judgment that Defendants infringement of the patents-in-suit has been
willful.
C. A preliminary and permanent injunction, pursuant to 35 U.S.C. 283,
enjoining Defendants, and all persons in active concert or participation
with them, from any further acts of infringement of the patents-in-suit.
D. An order, pursuant to 35 U.S.C. 284, awarding Plaintiff damages
adequate to compensate Plaintiff for Defendants infringement of the
patents-in-suit, in an amount to be determined at trial, but in no event
less than a reasonable royalty.
E. An order, pursuant to 35 U.S.C. 284, trebling all damages awarded to
Plaintiff based on Defendants willful infringement of the patents-in-suit.
F. An order, pursuant to 35 U.S.C. 285, finding that this is an exceptional
case and awarding to Plaintiff its reasonable attorneys fees incurred in
this action.
G. That Plaintiff have such other and further relief that the court may deem
just and proper.

Dated: January 25, 2012 STETINA BRUNDA GARRED & BRUCKER



By: s/Kit M. Stetina
Kit M. Stetina
William J. Brucker
Stephen Z. Vegh
Attorneys for Plaintiff
ORANGE 21 NORTH AMERICA INC.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Case No. 7

COMPLAINT FOR PATENT INFRINGEMENT OF U.S. PATENT NOS. D584,758 AND D602,978

S
T
E
T
I
N
A

B
R
U
N
D
A

G
A
R
R
E
D

&

B
R
U
C
K
E
R

Q
W

1
1
1
1

X
1

W
4

W
1
1

4

N
1

Q
4
,

W
1
1
1
4
1
1
1
W

W

W
W
W


P
H
O
N
E
:


(
9
4
9
)

8
5
5
-
1
2
4
6
;

F
A
C
S
I
M
I
L
E
:


(
9
4
9
)

8
5
5
-
6
3
7
1

DEMAND FOR JURY TRIAL
Plaintiff, Orange 21 North America Inc., hereby demands a jury trial in this
action.


Dated: January 25, 2012 STETINA BRUNDA GARRED & BRUCKER



By: s/Kit M. Stetina
Kit M. Stetina
William J. Brucker
Stephen Z. Vegh
Attorneys for Plaintiff
ORANGE 21 NORTH AMERICA INC.


T:\Client Documents\SPYNO\392L\Complaint.doc

'12CV0205 NLS JAH
35:0145