1 Law Office of David B.

Abel
David B. Abel (State Bar No. 156744)
2 111 N. Sepulveda, Suite 250
Manhattan Beach, CA 90266
3 E-Mail: davidabel@abelpatentlaw.com
Tel: 310-937-1590
4
5 Attorney for Plaintiff
U.S. Merchants Financial Group, Inc.
6
7
8
9
10
11 UNITED STATES DISTRICT COURT
12 CENTRAL DISTRICT OF CALIFORNIA
13
14 U.S. Merchants Financial Group, Inc., a CASE NO.
California Corporation
15 Plaintiff,
16 v.
17 Home Products International, North COMPLAINT FOR DESIGN
America, Inc., a Delaware Corporation PATENT INFRINGEMENT
18
19 Defendant JURY TRIAL DEMAND
20
21
22 Plaintiff U.S. Merchants Financial Group, Inc. for its Complaint against
23 Defendant Home Products International, North America, Inc., asserts as follows:
24 NATURE OF THE ACTION AND THE PARTIES
25 1) This is an action for patent infringement under 35 U.S.C. 271, et.
26 seq., for infringement of United States Design Patent No. D792,212, a true and
27 correct copy of which is attached hereto as Exhibit 1.
28 2) Plaintiff U.S. Merchants Financial Group, Inc. (U.S. Merchants) is a

Complaint 1
 1 California Corporation having a primary place of business at 8737 Wilshire Blvd.,
2 Beverly Hills, Ca 90211. U.S. Merchants is the owner of all rights in the D792,212
3 Patent.
4 3) On information and belief, Defendant Home Products International,
5 North America, Inc. (Home Products) is a Delaware Corporation, however,
6 Home Products does not have a physical presence in Delaware. On information
7 and belief, Home Products has places of business at: 4501 W. 47th Street, Chicago,
8 IL 60632; 400 S Airport Rd, and 885 N Chestnut St, in Seymour, IN 47274; and a
9 California place of business at 5200 Eucalyptus Ave, Chino CA 91710.
10 4) Home Products is a registered foreign corporation in California having
11 designated as its agent for service of process in California: Corporation Service
12 Company, dba CSC-Lawyers Incorporating Service 2710 Gateway Oaks DR, Suite
13 150N, Sacramento CA 95833.
14 JURISDICTION AND VENUE
15 5) This Court has subject matter jurisdiction under 28 U.S.C 1331 and
16 1338.
17 6) This Court has personal jurisdiction over Defendant Home Products
18 because at least a portion of the infringements alleged herein have occurred in the
19 State of California and in this judicial district, and because Home Products sells its
20 accused products to and through multiple stores in California and in this judicial
21 district, Home Products regularly does business, engages in persistent courses of
22 conduct and derives substantial revenues from goods and services provided in the
23 State of California and in this judicial district.
24 7) Venue is proper in this judicial district under 28 U.S.C. 1391 and
25 1400 with respect to Home Products because it has regular and established place
26 of business in this judicial district at 5200 Eucalyptus Ave, Chino CA 91710, and
27 because it has infringed the asserted patent in this judicial district. On information
28 and belief, Home Products sells the accused Tough Tote products to and through

Complaint 2
 1 retail stores including Home Depot, Lowes, and Wal-Mart that combined have over
2 500 locations in the State of California and over 50 locations in this judicial district.
3 FACTUAL ALLEGATIONS
4 8) Plaintiff U.S. Merchants, incorporated in 1994, is a manufacturer of
5 various plastic packaging products and container products.
6 9) U.S. Merchants filed application no. 29/531,172 on June 23, 2015.
7 10) The 29/531,172 application was examined in the United States Patent
8 Office and issued as U. S. Design Patent No. D792,212 on July 18, 2017.
9 11) U.S. Merchants is the assignee and owner of all rights in the
10 D792,212 Design Patent.
11 12) The D792,212 Design Patent claims the design of a lid to be used with
12 a storage container or bin. The ornamental design of the lid is shown in the
13 drawings in the D792,212 Design Patent.
14 13) U.S. Merchants has a reputation for manufacturing high quality
15 products. U.S. Merchants made a substantial investment in the machinery and
16 tooling to manufacture 27 gallon storage bins and conforming lids in 2015-2016.
17 U.S. Merchants has obtained two design patents for two versions of the lid,
18 including the recently issued D792,212 Patent and U.S Design Patent No.
19 D762,471. U.S. Merchants black 27 gallon storage bin and yellow lids are sold in
20 retail stores in California and throughout the United States.
21 14) The U.S. Merchants product is superior in quality of manufacture and
22 materials as compared to the similar black bin - yellow lid products sold by
23 competitors, and despite the similarity in the aesthetic appearance of the products
24 the bins and lids are of slightly different dimensions whereby the lids of other
25 products do not fit on the bins made by U.S. Merchants, and vice versa.
26 15) Home Products manufactures and sells a line of Tough Tote
27 products in at least 15 gallon, 27 gallon bin sizes, each of which includes a lid
28 having a raised diamond pattern. The Home Products website (https://

Complaint 3
 1 http://www.homzproducts.com) advertises and displays the Tough Tote products,
2 and the website advertises that its products can be purchased at a number of retail
3 stores including Home Depot, Lowes and Wal-Mart. Exemplary pages from the
4 Home Products website advertising the Tough Tote product line are attached
5 hereto as Exhibit B. A representative perspective view of the 27 Gallon Tough
6 Tote from the Home Products website is reproduced below for comparison with
7 Figure 1 (perspective) of the D792,212 Design Patent:
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 COUNT 1

Complaint 4
 1 INFRINGEMENT UNDER 35 U.S.C. 271 et seq.
2 U.S. DESIGN PATENT NO. D792,212
3 16) U.S. Merchants incorporates by reference the allegations of paragraphs
4 1-15 set forth above in this claim against Home Products.
5 17) The D792,212 Patent claims the design as shown in the drawings
6 contained therein. On information and belief the ornamental design of the lid of the
7 Infringing Tough Tote Products offered for sale and sold by Home Products are
8 the same, or are substantially identical to, the design depicted and claimed in the
9 D792,212 Patent.
10 18) On information and belief, Plaintiff U.S. Merchants contends that an
11 ordinary observer with an understanding of the relevant prior art of lids for
12 containers would be deceived into believing that the Infringing Tough Tote
13 Product lids are the same as the patented design of the D792,212 Patent.
14 19) Defendant Home Products has infringed, and will continue to infringe
15 the D792,212 Patent literally and/or under the doctrine of equivalents, by making,
16 using, selling, and/or offering to sell the Infringing Tough Tote Product lids
17 without the authority of U.S. Merchants, in violation of 35 U.S.C. 271.
18 20) As a result of the infringement, defendant Home Products has
19 damaged U.S. Merchants by the unauthorized incorporation of the design of the
20 D792,212 Patent in the Infringing Tough Tote Product lids offered and sold by
21 Home Products.
22 21) Defendant Home Products is liable to Plaintiff U.S. Merchants in and
23 amount to be determined at trial.
24 22) Defendants acts have caused, and unless enjoined will continue to
25 cause, irreparable injury and damages to Plaintiff for which there is no adequate
26 remedy at law. On information and belief, Plaintiff contends that unless enjoined
27 by the Court, Defendant will continue to infringe the D792,212 Patent.
28

Complaint 5
 1 WHEREFORE, U. S. Merchants requests judgment against Defendant
2 Home Products as follows:
3 A. A judgment that Defendant has infringed the D792,212 Patent in
4 violation of 35 U.S.C. 271 et. seq.
5 B. A judgment that Defendant and its agents, officers, Directors, servants,
6 employees and all others in active concert or participation with
7 Defendant be permanently enjoined from directly or indirectly making,
8 using, selling, offering for sale, importing or exporting any product,
9 including the Infringing Tough Tote Products, and/or any subsequent
10 or substitute versions of the Infringing Tough Tote Products, that
11 infringe the D792,212 Patent.
12 C. An award of damages adequate to compensate U.S. Merchants for the
13 infringement of the D792,212 Patent, in no event less than a reasonable
14 royalty.
15 D. Such other, further, and different relief as the nature of this action may
16 require and that the Court may deem just and proper.
17
18 Dated: August 9, 2017 Law Office of David B. Abel
19
20 By: /s/David B. Abel
DAVID B. ABEL
21 LAW OFFICE OF DAVID B. ABEL
111 N. Sepulveda, Suite 25
22 Manhattan Beach, CA 90266
Tel: 310.937.1590
23
24 Attorney for Plaintiff
U.S. Merchants Financial Group, Inc.
25
26
27
28

Complaint 6
 1 JURY TRIAL DEMAND
2
3 U.S. Merchants hereby requests trial by jury on all issues so triable.
4
5
6 Dated: August 9, 2017 Law Office of David B. Abel
7
8 By: /s/David B. Abel
DAVID B. ABEL
9 LAW OFFICE OF DAVID B. ABEL
111 N. Sepulveda, Suite 25
10 Manhattan Beach, CA 90266
Tel: 310.937.1590
11
12 Attorney for Plaintiff
U.S. Merchants Financial Group, Inc.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1