Noco Co. v. SBI Smart Brands - Complaint

Case: 1:16-cv-02665-SO Doc #: 1 Filed: 11/01/16 1 of 18.
PageID #: 1
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
THE NOCO COMPANY, INC.,

30339 Diamond Pkwy #102,
Glenwillow, Ohio 44139
Plaintiff,
v.
SBI SMART BRANDS INTERNATIONAL
(AMERICA) LTD.
12 Bradwick Drive, Unit 5
Concord, Ontario
Canada
and
TREK MARKETING, INC.
101 Naughton Drive
Richmond Hill, Ontario
Canada
Defendants.
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JUDGE:
MAGISTRATE JUDGE:
CASE NO:
COMPLAINT FOR TRADE DRESS

AND DESIGN PATENT
INFRINGEMENT
JURY TRIAL DEMANDED
Plaintiff The NOCO Company, Inc. (NOCO), for its Complaint against SBI
Smart Brands International (America) Ltd. and Trek Marketing, Inc., alleges as follows:
Nature of the Action
1.
This is an action for trade dress infringement and unfair competition under
Section 43 of the Lanham Act, 15 U.S.C. 1125 (Lanham Act), design patent
infringement under the Patent Laws of the United States, 35 U.S.C. 101 et seq., for
deceptive trade practices under the laws of Ohio and the several states in which
US2000 9829234.6
Case: 1:16-cv-02665-SO Doc #: 1 Filed: 11/01/16 2 of 18. PageID #: 2
Defendants are conducting their activities, and for common law trademark infringement
and unfair competition. This action arises by reason of Defendants copying of NOCOs
distinctive raised ribbed housing designs for the products described below.
Jurisdiction and Venue
2.
This Court has subject matter jurisdiction over this action pursuant to 28
U.S.C. 1331 and 1338 and 15 U.S.C. 1121. This Court also has supplemental
jurisdiction over NOCOs state law claims under 15 U.S.C. 1367.
3.
Defendants are alien business entities subject to personal jurisdiction in this
Court because they direct their infringing activities to the United States and the State of
Ohio through, among other things: marketing their infringing products to residents of the
United States and the State of Ohio through their own website and through the
Amazon.com online marketplace; marketing their infringing products through at least one
trade show held in the United States; and importing their infringing products into the
United States.
4.
Venue is proper in this district pursuant to 28 U.S.C. 1391(c)(3) because
Defendants are alien business entities that import into, offer to sell and sell 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 NOCOs claims have occurred and, unless
enjoined, will continue to occur within this district, in that Defendants have offered
and/or sold the infringing products in this district.
-2-
Parties
5.
NOCO is organized under the laws of the State of Ohio, with its principal
place of business in Glenwillow, Ohio.

6.
Defendant SBI Smart Brands International (America) Ltd. (SBI) is, on
information and belief, a Private Company Limited By Shares organized under the laws
of Hong Kong, with its principal place of business in Concord, Ontario, Canada.
7.
Defendant Trek Marketing, Inc. is, on information and belief, a corporation
organized under the laws of Canada, with its principal place of business in Richmond
Hill, Ontario, Canada.
FACTUAL BACKGROUND
NOCOs Ribbed Housing Registered Trade Dress
8.
Founded in Cleveland, Ohio in 1914, and continuously owned and managed
by the same family since then, NOCO designs and creates, among other products,
premium consumer battery chargers, jump starters and other portable power devices used
primarily in the automotive and marine industries.
9.
Since at least 2009, NOCO has continuously used a distinctive housing
featuring a raised ribbed design (Ribbed Housing Trade Dress) for several of its
automotive and marine power products. Examples of NOCO products featuring the
Ribbed Housing Trade Dress are shown below:
-3-
10.
NOCO is the owner of a federal trademark registration, Reg. No.4,762,738,
issued by the United States Patent and Trademark Office (USPTO) on June 30, 2015
for the Ribbed Housing Trade Dress, as depicted below, for use in connection with
[b]attery chargers, solar battery chargers, power inverters, electric power converters, and
charge controllers. A copy of the Certificate of Registration issued by the USPTO for
the Ribbed Housing Trade Dress is attached as Exhibit 1.
-4-
11.
From the time NOCO introduced power products bearing the Ribbed
Housing Trade Dress until recent copying by Defendants and others, NOCOs use of its
Ribbed Housing Trade Dress for automotive and marine power products was exclusive.
12.
NOCO has sold power products bearing the Ribbed Housing Trade Dress in
mass retail establishments nationwide, including major retailers such as Wal-Mart, Home
Depot, Sears, AutoZone and Bass Pro Shops, as well as in numerous online retail
websites, including Amazon.com.
13.
NOCO has invested substantial efforts and dollars promoting the Ribbed
Housing Trade Dress. Specifically, NOCO has spent more than one million dollars
developing, advertising, and promoting its power products sold bearing the Ribbed
Housing Trade Dress on the Internet and in print advertisements, point-of-purchase
promotions and trade shows, all of which prominently feature the Ribbed Housing Trade
Dress. Examples of advertisements featuring the Ribbed Housing Trade Dress are
attached as Exhibit 2.
14.
Additionally, NOCO has sold several million dollars worth of products
bearing the Ribbed Housing Trade Dress.
-5-
15.
As a result of consistent and exclusive use of the Ribbed Housing Trade
Dress, extensive sales of products bearing the Ribbed Housing Trade Dress, and their
widespread advertising and promotion, NOCO has developed substantial consumer
recognition and valuable goodwill for the Ribbed Housing Trade Dress. The public
recognizes the Ribbed Housing Trade Dress as a source identifier for NOCOs products
and assumes that goods sold bearing the mark will be of the high quality and reliability
for which NOCOs products are known.
NOCOs Genius Boost Design Patent
16.
In 2014, NOCO introduced to the market a compact lithium jump starter
named the GENIUS BOOST. The GENIUS BOOST is simple to use and has several
features in addition to a jump starter, including a cell phone battery charger and
flashlight. Two models of the GENIUS BOOST are depicted below:
17.
Since its introduction, the GENIUS BOOST has become known for its
safety, ease of use and reliability, among other features. As a result, the GENIUS
BOOST has enjoyed tremendous popularity, becoming one of, if not the, market
leading compact lithium jump starters in the United States.
-6-
18.
In order to protect the distinctive ornamental design of the housing for the
GENIUS BOOST, NOCO applied for and was issued a design patent granted by the
USPTO on that housing, U.S. Des. D746,770, entitled Battery Booster. A copy of the
770 patent is attached as Exhibit 3.
Defendants Wrongful Acts
19.
Defendants import, promote and sell a variety of consumer goods,
including different categories of automotive accessories. In particular, on information

and belief, Defendants in concert with other related companies, import, promote and sell
in the United States a copycat version of NOCOs GENIUS BOOST jump starter that
includes the Ribbed Housing Trade Dress and patented Battery Booster design (the
Infringing Jump Starter).
20.
Defendants Infringing Jump Starters are sold under the brand energyPro
(and perhaps other brands) and, in addition to being marketed under Defendant SBIs
name, are marketed under the names Treksafe and The Roadside Assistance
Company, which, on information and belief, are fictitious names used by one or both
Defendants.
21.
Side-by-side photographs of Defendants energyPro jump starter and one
model of NOCOs GENIUS BOOST jump starter are shown below. As can be
observed, the two devices are essentially identical with respect to their (1) shape, (2)
relative dimensions, (3) use of raised ribs, (3) pattern of raised ribs, (4) tapering, (5)
-7-
placement of start button, (6) placement of signal lights, (7) illustration of electrical
signals and (8) placement of flashlights.
22.
Defendants could have developed or chosen a virtually infinite number of
designs that would not have utilized design elements virtually identical to those embodied
in NOCOs GENIUS BOOST jump starters. Nevertheless, on information and belief,
Defendants intentionally chose to adorn the Infringing Jump Starters with a design that is
confusingly similar to NOCOs Ribbed Housing Trade Dress and the design claimed in
the GENIUS BOOST Design Patent in an effort to trade off of the goodwill of NOCOs
GENIUS BOOST and other portable power products.
23.
Consumers who shop online and at retail stores that offer the Infringing
Jump Starters are likely to be confused and mistakenly believe that said products
originate with or are authorized by NOCO. The likelihood for confusion is enhanced
-8-
because the Infringing Jump Starters and NOCOs products that bear the Ribbed Housing
Trade Dress are sold in identical product categories, the same channels of trade and in
close proximity in retail stores, side-by-side, making it even more likely that consumers
would be confused.
24.
Consumers that encounter the Infringing Jump Starters in a post-sale
environment are also likely to be confused and mistakenly believe that Defendants
products originate with or are authorized by NOCO.
COUNT I
Federal Trademark Infringement and Unfair Competition
Lanham Act (15 U.S.C. 1125(a))
25.
NOCO realleges and incorporates by reference the allegations of
Paragraphs 1 through 24 above.

26.
NOCO is the owner of the registered Ribbed Housing Trade Dress for use
in connection with Battery chargers, solar battery chargers, power inverters, electric power
converters, and charge controllers.
27.
As exemplified below, Defendants are making unauthorized commercial
use of NOCOs Ribbed Housing Trade Dress and is likely to cause confusion or to cause
mistake or to deceive in violation of 15 U.S.C. 1125(a), by creating the false and
misleading impression that the Infringing Jump Starters are affiliated, connected, or
associated with NOCO or have NOCOs sponsorship, endorsement, or approval. Unless
enjoined by this Court, Defendants will continue to cause a likelihood of confusion and
-9-
deception of the consuming public and injury to NOCOs goodwill and reputation, as
symbolized by the Ribbed Housing Trade Dress.
NOCOs Trade Dress Reg. 4,762,738
28.
Defendants Infringing Trade Dress
NOCO has been and will continue to be irreparably damaged by
Defendants actions and NOCO has no adequate remedy at law.

29.
Defendants are causing and are likely to cause injury to the public and to
NOCO. NOCO is entitled to injunctive relief and to Defendants profits and NOCOs
actual damages, costs, and reasonable attorneys fees, pursuant to 15 U.S.C. 1116,
1117, and 1125(a).
COUNT II
Design Patent Infringement
35 U.S.C. 271(a)
30.
-10-
31.
Defendants have infringed the 770 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 770 Patent in
violation of 35 U.S.C. 271.
32.
The table below illustrates Defendants infringement by comparing figures
from the 770 patent with exemplary images of the infringing jump starter:
Comparison of the 770 Patent with the Infringing energyPro Device
-11-
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-13-
33.
The design of Defendants Infringing Jump Starter is the same or
substantially the same as the design of the 770 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 Defendants Infringing Jump Starters believing them to be
substantially the same as the design protected by the 770 Patent.
34.
Defendants acts of infringement of the 770 Patent were undertaken
without authority, permission or license from NOCO. Defendants infringing activities

violate 35 U.S.C. 271.
35.
Defendants infringement has damaged NOCO.
36.
NOCO is entitled to an accounting of all revenue and profits derived by
Defendants from the unlawful conduct alleged herein, including without limitation,
Defendants total profit pursuant to 35 U.S.C. 289.
37.
NOCO is entitled to a permanent injunction preventing Defendants from
further infringing the 770 Patent.

COUNT III
Deceptive Trade Practices, O.R.C. 4165.01-4165.04
38.

39.
NOCO is the owner of the registered Ribbed Housing Trade Dress.
Defendants are making unauthorized commercial use of trade dress that is likely to cause
-14-
confusion or to cause mistake or to deceive in violation of O.R.C. 4165.01-4165.04

and the statutes of the various states in which Defendants have sold their products.
Specifically, Defendants have passed off their goods as those of NOCO, caused a
likelihood of confusion or misunderstanding as to source, sponsorship, or approval of
their goods, and caused a likelihood of confusion as to affiliation or association of their
goods with those of NOCO.
40.
Defendants acts constitute deceptive trade practices in violation of Ohio
statutory law, O.R.C. 4165.01-4165.04, and of the laws of the several states in which
Defendants are conducting its activities, entitling NOCO to obtain injunctive relief and
damages.
COUNT IV
Common Law Trademark Infringement & Unfair Competition
41.

42.
Defendants are making unauthorized commercial use of NOCOs Ribbed
Housing Trade Dress that is likely to cause confusion or to cause mistake or to deceive,
by creating the false and misleading impression that the Infringing Jump Starters are
affiliated, connected, or associated with NOCO or have NOCOs sponsorship,
endorsement, or approval. Unless enjoined by this Court, Defendants will continue to
cause a likelihood of confusion and deception of the consuming public and injury to
NOCOs goodwill and reputation, as symbolized by the Ribbed Housing Trade Dress.
-15-
43.
Defendants acts constitute trademark infringement and unfair competition
in violation of the common law of the State of Ohio and of the common law of the
several states in which Defendants have marketed their goods. NOCO is thereby entitled
to obtain injunctive relief and monetary damages.
Prayer For Relief
WHEREFORE, Plaintiff NOCO prays for judgment as follows:
1.
That Defendants, their employees, officers, directors, attorneys, successors,
affiliates, parent and subsidiary corporations, attorneys and representatives, and all those
in privity or acting in concert with Defendants, be preliminarily and permanently
enjoined and restrained from directly or indirectly:
a. manufacturing, marketing, selling or distributing any product in
connection with the Ribbed Housing Trade Dress or any design
confusingly similar thereto;
b. otherwise infringing NOCOs trade dress;
c. engaging in false designation of origin, false descriptions, false
advertising, or from otherwise engaging in unfair business or deceptive
trade practices or competing unfairly with NOCO;
d. any other conduct that is likely to cause confusion or to cause mistake or
to deceive as to the source, affiliation, connection, or association,
approval, or sponsorship of the Infringing Jump Starters or any other
product offered or sold by Defendants.
-16-
2.
That Defendants be ordered to account for their profits in accordance with
15 U.S.C. 1117.
3.
That Defendants be ordered, pursuant to 15 U.S.C. 1117, to pay NOCO
all damages it has sustained or will sustain by reason of Defendants unfair competition,
together with all gains, profits and advantages derived by Defendants from such conduct,
and that NOCOs actual damages be trebled and Defendants infringing profits be
enhanced as a result of Defendants violations of the Lanham Act.
4.
That Defendants be ordered to destroy all product and promotional material
bearing the infringing trade dress.

5.
That Defendants be required to serve on counsel for NOCO, within thirty
(30) days after the entry of judgment, a written report under oath setting forth in detail the
manner in which the Defendants have complied with the injunction ordered by this Court.
6.
That Defendants be required to pay to NOCO all of its litigation expenses,
including reasonable attorneys fees and the costs of this action, pursuant to 15 U.S.C.
1117(a).
7.
A judgment that Defendants infringed the 770 patent.
8.
A permanent injunction enjoining Defendants, and all persons acting in
concert with Defendants, from infringing each of the 770 patent.

9.
A judgment and order requiring Defendants to pay NOCO all damages
caused by Defendants infringement of the 770 patent (but in no event less than a
-17-
reasonable royalty) pursuant to 35 U.S.C. 284, or the total profit made by Defendants
from its infringement of the 770 patent pursuant to 35 U.S.C. 289.
10.
A judgment and order requiring Defendants 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.
11.
A judgment and order requiring Defendants to pay NOCO increased
damages up to three times the amount found or assessed pursuant to 35 U.S.C. 284.
12.
A judgment and order requiring Defendants to pay NOCO pre-judgment
and post judgment interest on any damages or profits awarded.

13.
A determination that this action is an exceptional case pursuant to 35
U.S.C. 285.
14.
That NOCO have such other and further relief as the Court may deem just
and proper.
/s/ Michael J. Garvin

Michael J. Garvin [0025394]
Aaron M. Williams [0090319]
Vorys, Sater, Seymour and Pease LLP
200 Public Square, Suite 1400
Cleveland, OH 44114
(216) 479-6100
mjgarvin@vorys.com
amwilliams@vorys.com
Attorneys for Plaintiff, The NOCO Company
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Case: 1:16-cv-02665-SO Doc #: 1-1 Filed: 11/01/16 1 of 2. PageID #: 19

AO 440 (Rev. 12/09) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
Northern
District
Ohio
__________
District
ofof
__________
THE NOCO COMPANY, INC.
Plaintiff
v.
SBI SMART BRANDS INTERNATIONAL (AMERICA)
LTD.
Defendant
)
)
)
)
)
)
)
Civil Action No.
SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) SBI SMART BRANDS INTERNATIONAL (AMERICA) LTD.
12 Bradwick Drive, Unit 5
Concord, Ontario
Canada
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 plaintiffs attorney,
whose name and address are:
Michael J. Garvin, Esq.
Cleveland, OH 44114
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.
GERI M. SMITH, CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
Civil Action No.

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 individuals 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 individuals 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): I personally served the summons on Michael Joyce, who, on information and belief, is a
Managing Agent of Defendant SBI Smart Brands International (America) Ltd.
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:
Servers signature
ANTHONY SPADA
Printed name and title
1930 Village Center Circle #3-965

Las Vegas, NV 89134
Servers address
Additional information regarding attempted service, etc:
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AO 440 (Rev. 12/09) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
Northern
District
Ohio
__________
District
ofof
__________
THE NOCO COMPANY, INC.
)
)
)
)
)
)
)
Plaintiff
v.
TREK MARKETING, INC.
Defendant
Civil Action No.
SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) TREK MARKETING, INC.
101 Naughton Drive
Richmond Hill, Ontario
Canada
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 plaintiffs attorney,
whose name and address are:
Michael J. Garvin, Esq.
Cleveland, OH 44114
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.
GERI M. SMITH, CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
Civil Action No.

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 individuals 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 individuals 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): I personally served the summons on Michael Joyce, who, on information and belief, is a
Managing Agent of Defendant SBI Smart Brands International (America) Ltd.
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:
Servers signature
ANTHONY SPADA
Printed name and title
1930 Village Center Circle #3-965

Las Vegas, NV 89134
Servers address
Additional information regarding attempted service, etc:
Print
Save As...
Reset

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Case: 1:16-cv-02665-SO Doc #: 1 Filed: 11/01/16 1 of 18.

IN THE UNITED STATES DISTRICT COURT

THE NOCO COMPANY, INC.,

COMPLAINT FOR TRADE DRESS

Case: 1:16-cv-02665-SO Doc #: 1 Filed: 11/01/16 2 of 18. PageID #: 2

Defendants are alien business entities subject to personal jurisdiction in this

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

Case: 1:16-cv-02665-SO Doc #: 1 Filed: 11/01/16 3 of 18. PageID #: 3

place of business in Glenwillow, Ohio.

Defendant SBI Smart Brands International (America) Ltd. (SBI) is, on

Defendant Trek Marketing, Inc. is, on information and belief, a corporation

Founded in Cleveland, Ohio in 1914, and continuously owned and managed

Since at least 2009, NOCO has continuously used a distinctive housing

Case: 1:16-cv-02665-SO Doc #: 1 Filed: 11/01/16 4 of 18. PageID #: 4

NOCO is the owner of a federal trademark registration, Reg. No.4,762,738,

Case: 1:16-cv-02665-SO Doc #: 1 Filed: 11/01/16 5 of 18. PageID #: 5

Additionally, NOCO has sold several million dollars worth of products

bearing the Ribbed Housing Trade Dress.

Case: 1:16-cv-02665-SO Doc #: 1 Filed: 11/01/16 6 of 18. PageID #: 6

As a result of consistent and exclusive use of the Ribbed Housing Trade

In 2014, NOCO introduced to the market a compact lithium jump starter

Case: 1:16-cv-02665-SO Doc #: 1 Filed: 11/01/16 7 of 18. PageID #: 7

Defendants import, promote and sell a variety of consumer goods,

including different categories of automotive accessories. In particular, on information

Side-by-side photographs of Defendants energyPro jump starter and one

Case: 1:16-cv-02665-SO Doc #: 1 Filed: 11/01/16 8 of 18. PageID #: 8

Defendants could have developed or chosen a virtually infinite number of

Case: 1:16-cv-02665-SO Doc #: 1 Filed: 11/01/16 9 of 18. PageID #: 9

Consumers that encounter the Infringing Jump Starters in a post-sale

NOCO realleges and incorporates by reference the allegations of

Paragraphs 1 through 24 above.

As exemplified below, Defendants are making unauthorized commercial

Case: 1:16-cv-02665-SO Doc #: 1 Filed: 11/01/16 10 of 18. PageID #: 10

Defendants Infringing Trade Dress

NOCO has been and will continue to be irreparably damaged by

Defendants actions and NOCO has no adequate remedy at law.

NOCO realleges and incorporates by reference the allegations of

Paragraphs 1 through 24 above.

Case: 1:16-cv-02665-SO Doc #: 1 Filed: 11/01/16 11 of 18. PageID #: 11

Defendants have infringed the 770 Patent by making, importing, using,

The table below illustrates Defendants infringement by comparing figures

Case: 1:16-cv-02665-SO Doc #: 1 Filed: 11/01/16 12 of 18. PageID #: 12

Case: 1:16-cv-02665-SO Doc #: 1 Filed: 11/01/16 13 of 18. PageID #: 13

Case: 1:16-cv-02665-SO Doc #: 1 Filed: 11/01/16 14 of 18. PageID #: 14

The design of Defendants Infringing Jump Starter is the same or

Defendants acts of infringement of the 770 Patent were undertaken

without authority, permission or license from NOCO. Defendants infringing activities

Defendants infringement has damaged NOCO.

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

NOCO is entitled to a permanent injunction preventing Defendants from

further infringing the 770 Patent.

NOCO realleges and incorporates by reference the allegations of

Paragraphs 1 through 24 above.

NOCO is the owner of the registered Ribbed Housing Trade Dress.

Case: 1:16-cv-02665-SO Doc #: 1 Filed: 11/01/16 15 of 18. PageID #: 15

confusion or to cause mistake or to deceive in violation of O.R.C. 4165.01-4165.04

Defendants acts constitute deceptive trade practices in violation of Ohio

NOCO realleges and incorporates by reference the allegations of

Paragraphs 1 through 24 above.

Defendants are making unauthorized commercial use of NOCOs Ribbed

Case: 1:16-cv-02665-SO Doc #: 1 Filed: 11/01/16 16 of 18. PageID #: 16

Defendants acts constitute trademark infringement and unfair competition

That Defendants, their employees, officers, directors, attorneys, successors,

Case: 1:16-cv-02665-SO Doc #: 1 Filed: 11/01/16 17 of 18. PageID #: 17