lego itc complaint

8/9/2019 LEGO ITC Complaint

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D Y PITN Y LLPBOSTON CONNECTICUT NEW JERSEY NEW YORK WASHINGTON, DC

CBI

ELIZABETH A ALQUIST

Attorney at Law

242 Trumbull StreetHartford, CT06103-1212

T (860) 275-0137 F (860) 881-2456eaalquist@daypitney com

February 5 2015

VIA HAND DELIVERY

The Honorable Lisa R. Barton

SecretaryU.S. International Trade Commission500 E Street, S.W.Washington, DC 20436

RE: Certain Toy Figurines nd Toy Sets Containing the SameInv. No. 337-TA-

Dear Secretary Barton:

·····OH ce of ih ··· ·Secrelary

lnt l rradr: Comrn ssion

Enclosed for filing on behalf o f Complainants LEGO A/S, LEGO System A/S and LEGOSystems, Inc. ( LEGO or Complainants ) against the proposed Respondents LaRose IndustriesLLC d/b/a CRA-Z-ART ( LaRose ), MEGA Brands Inc. ( MEGA Brands ) and Best-LockConstruction Toys, Inc. ( Best-Lock ) (collectively, the Proposed Respondents ) are documentsin support o f LEGO's request that the Commission commence an investigation pursuant toSection 337 of the Tariff Act o f 1930, as amended. A request for confidential t r e t ~ e n tofConfidential Exhibits 36 and 37 is included with this letter.

Accordingly, Complainants submit the following documents for filing:

1. n original and eight (8) paper copies of the verified Non-Confidential Complaint andthe Public Interest Statement, one (1) CD o f the accompanying Non-Confidentialexhibits, one (1) CD with Confidential Exhibits 36 and 37, and one (1) CD with publicversions o f Confidential Exhibits 36 and 37. (19 CFR §§ 201.6(c), 210.4(±)(2),210.8(a)(1)(i), and 210.8(b).)

2. Three (3) additional copies of the verified Non-Confidential Complaint and the PublicInterest Statement and three (3) CDs ofthe Non-Confidential exhibits, one (1) of each forservice upon each of the Proposed Respondents. (19 CFR §§ 210.8(a)(l)(iii) and210.11(a).)


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II DAY PITNEY P

February 5, 2015Page 2

3 Three (3) CDs o f Confidential Exhibits 36 and 37 and three (3) CDs with public versionso f Confidential Exhibits 36 and 37, one (1) o f each for service upon each ofthe ProposedRespondents. (19 CFR §§ 210.8(a)(l)(iii) and 210.11(a).)

4 One (1) additional paper copy of the verified Non-Confidential Complaint for serviceupon the Embassy of Canada (19 CFR §§ 210.8(a)(1)(iv) and 210.11(a)(1)(ii).)

5. Certified copies o f United States Patent Nos. D682,367 ( the 367 Patent ); D678,432( the 432 Patent ); D689,568 ( the '568 Patent ), and D672,413 ( the '413 Patent ),include9 in the Complaint as Exhibits 1-4. (19 CFR §§ 210.8(a)(1)(iii), 210.12(a)(9)(i).)

6 Certified copies ofthe assignments for the '367, '432, '568, and '413 patents, included inthe Complaint as Exhibits 9-12. (19 CFR §§ 210.8(a)(1)(iii) and 210.12(a)(9)(ii).)

7 Certified copies o f the prosecution histories of the '367, '432, '568, and '413 patentsincluded in the Complaint as Appendices 1-4 to the Complaint, and three (3) additionalcopies of each on separate CDs. (19 CFR § 210.12(c)(l)).

8 Four (4) copies on separate CDs of patent and technical reference documents identified inthe each of the prosecution histories of the '367, '432, '568, and '413 patents, includedin the Complaint as Appendices 5-8 to the Complaint. (19 CFR §210.12(c)(2).)

9 Certified copies of United States Copyright Registration Nos. VA1-876-291 ( the '291Registration ), VA1-876-279 ( the '279 Registration ), VA 1-876-378 ( the '378Registration ) and VA 1-876-373 ( the '373 Registration''), included in: the Complaint asExhibits 5-8 and three (3) additional copies on separate CDs. (19 CFR §210.12(±).),

10. One (1) box of physical exhibits labeled as follows:· a. A sample LEGO® Friends Heartlake Shopping Mall, included in the Complaint as

Physical Exhibit No. 1b. A sample LEGO® Friends Sunshine Ranch, included in the Complaint as Physical

Exhibit No. 2c. A sample LEGO® Friends figurine, included in the Complaint as Physical Exhibit No.

3.d. A sample LaRose LITE BRIX Sunset Mall, included in the Complaint as Physical

Exhibit No. 4.e. A sample LaRose Infringing Figurine, included in the Complaint as Physical Exhibit

No.5.

f A sample MEGA Brands My Life As Blue Ribbon Ranch, included in the Complaintas Physical Exhib it No. 6

g. A sample MEGA Brands Infringing Figurine, included in the Complaint as PhysicalExhibit No. 7


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DAY PITN Y P

February 5 2015Page 3

h. A sample Best-Lock Fairy Tale High Little Mermaid, included in the Complaint asPhysical Exhibi t No. 8.

In accordance with Commission Rules 210.6 and 210.5, 19 C.F.R. §§ 201.06 and 210.5,LEGO requests confidential treatment o f the business information contained in ConfidentialExhibits 36-37. A certification is provided below pursuant to 19 C.F.R. §§ 201.06 and 210.5requesting confidential treatment of Confidential Exhibits 36-37.

The information for which confidential treatment is sought is proprietary commercialinformation nqt otherwise publicly available. Specifically Confidential Exhibits 36-37 aredeclarations that discuss proprietary and confidential business information regarding LEGO sinvestments in the domestic industry.

The information described above qualifies as confidential business information pursuantto Commission Rule 201.6 because:

a. it is not available to the public;b. unauthorized disclosure o f such information could cause substantial h rm to the

competitive position o f LEGO; andc. its disclosure could impair the Commission s ability to obtain information necessary

to perform its statutory function.

Thank you for your attention to this matter. Please contact me i f you have any questions.

Respectfully submitted,

Elizabeth A. Alquist


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UNITED STATES INTERNATIONAL TRADE COMJ.\tliSSIONWASHINGTON, DC

.

~ ; I

IN THE M TTER OF

CERTAIN TOY FIGURINES NDTOYSETS CONTAINING THE SAME

lNVESTIGATIONNO. 337-TA-

STATE:MENT REGARDING THE PUBLIC INTEREST

Pursuant to Commission Rule 210.8(b), 19 C.P.R. § 210.8(b), Complainants LEGO A/S,

LEGO System A/S and LEGO Systems, Inc. (collectively, LEGO or Complainants )

respectfully submit this Statement Regarding the Public Interest. The products at issue in the

Complaint are toy figurines and toy sets containing the same that infringe United States Patent

Nos. D682,367 ( the '367 Patent ); D678,432 ( the '432 Patent ); D689,568 ( the '568 Patent );

D672,413 ( the '413 Patent ); and United States Copyright Registration Nos. VA 1-876-291,

VA 1-876-279, VA 1-876-378, and VA 1-876-373. LEGO seeks a general exclusion order to

prevent all infringing toy figurines and toy sets containing the s ~ from entry into the United

States. LEGO also seeks, alternatively, a limited exclusion order directed to the pr{}posed

Respondents LaRose Industries LLC d/b/a CRA-Z-ART ( LaRose ), MEGA Brands Inc

( MEGA Brands ) and Best-Lock Construction Toys, Inc. ( Best-Lock ) (collectively, the

Proposed Respondents ) excluding from entry into the United States certain infringing toy

figurines and toy sets containing the same. LEGO also seeks a cease and desist order prohibiting

Proposed Respondents from engaging in the unlawful importation and/or sale within the United

States after importation of certain infringing toy figurines and toy sets containing the same.

Exclusion of such products from the United States will not have an adverse impact on the public

health and welfare in the United States, competitive conditions in the United States economy, the


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production of like or directly competitive articles m the United States, or United States

consumers.

I HOW THE ARTICLES POTENTIALLY SUBJECT TO THE REMEDIALORDERS RE USED IN THE UNITED STATES

The accused products are toy figurines and toy sets containing the same. These products

are imported into the United States and/or sold in the United States after importation, at least, by

the Proposed Respondents. The accused products are used s toys and figurines or parts in a

variety of toy s ~ t s

II. IDENTIFY ANY PUBLIC HEALTH SAFETY OR WELFARE CONCERNSRELATING TO THE REQUESTED RE:MEDIAL ORDERS

The issuance of the requested relief, permanent limited exclusion and cease and desist

orders would have no adverse impact on the public health, safety or welfare in the United States.

Concerns about a proposed remedy having a negative impact on public health, safety or welfare

have arisen in investigations involving, for example, pharmaceuticals or medical equipment.

See e.g. Certain Fluidized Supporting Apparatus Components Thereof Inv. No. 337-TA-

182/188, USITC Pub. 1668, Comm n Op. at 23-25 (Oct. 1984) (finding that access to necessary

medical equipment is a significant public interest consideration).

The accused products are consumer products for parts of toy sets. Access to the Proposed

Respondents infringing figurines and toy sets does not implicate any reasonably conceivable

public health, safety or welfare concern. Non-infringing alternative toy figurines and sets remain

available to consumers. On the other hand, public interest in protecting and enforcing U.S.

intellectual property rights would be served by implementing the requested relief.

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III. IDENTIFY LIKE OR DIRECTLY COMPETITIVE ARTICLES THATCOMPLANANTS, THEIR LICENSEES, OR THIRD PARTIES MAKEWHICH COULD REPLACE ~ SUBJECT ARTICLE IF THEY WERE TOBE EXCLUDED

Non-infringing toy figurines and ~ t that are like or directly competitive with the

accused products are L GO® Friends figurines and toy sets containing the same made by LEGO

and its licensees, as well as other miniature character toy figurines and toy sets containing the

same made available by third party toy suppliers. LEGO has the capacity to meet the market

demand for genuine LEGO branded Friends figurines and toy sets should the accused products

be excluded from the United States. Moreover, non-infringing products will also continue to be

available from sources that include the Complainants licensees and other third parties.

Therefore, consumers would have access to competitive products from LEGO and other toy

suppliers.

IV. INDICATE HETHER COl\1PLAINANTS, COl\1PLAINANTS LICENSEES,AND/OR THIRD PARTY SUPPLIERS HAVE THE CAPACITY TOREPLACE THE VOLUME OF ARTICLES SU JECTTO THE REQl.JESTED

REMEDIAL ORDERS IN A COMl\1ERCIALL Y REASONABLE TIME

As set forth above, LEGO has the capacity to meet the market demand for genuine LEGO

branded Friends figurines and toy sets should the accused products be excluded from the United

States, and non-infringing products will also continue to be available from sources that include

the LEGO s licensees and other third parties. Consequently, there will be a sufficient supply of

competitive products available in the United States should the accused products be excluded

from the United States.

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V STATE HOW THE REQUESTED REl\tiEDIAL ORDER WOULD IMPACTCONSUMERS

U.S. consumers will have availablertq; them in the United States marketplace a wide

variety o miniature character toy figurines and toy sets including genuine LEGO brandedI

Friends figurines and toy sets and other competitive toy figurines and sets should the accused

products be excluded from the United States.

In light of the availability o these commercial alternatives to the accused products the

exclusion o the infringing toy figurines and toy sets containing the same will not negatively

impact U.S. consumers. Rather the requested relief will serve the public interest by protecting

and enforcing U.S. intellectual property rights.


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Dated: February 5, 2015

By; t2;DAY PITNEY P

ElizabethA

Alquistr ~ c e V elde242 Trumbull StreetHartford, CT 06103-1212Tel: 860) 275-0100Fax: 860) 275-0343Email: [email protected]: [email protected]

Cecilia Zhang StiberOne Canterbury GreenStamford, CT 06901

. Tel: 203) 977-7344Fax: 203) 977-7301Email: [email protected]

Attorneys or Complainants

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UNITED STATES INTERNATIONAL TRADE COMMISSIONWASHINGTON, DC

IN THE MATTER OF

CERTAIN TOY FIGURINES AND TOY INVESTIGATION NO 337-TA- SETS CONTAINING THE SAME

COMPLAINT UNDER SECTION 337OF THE TARIFF ACT O F 1930, AS AMENDED

COMPLAINANTS PROPOSED RESPONDENTS

LEGOA/S LaRose Industries LLC d/b/a CRA-Z-ARTAastvej 1 1578 Sussex TurnpikeDK-7190 Randolph, NJ 07869Billund, DenmarkPhone: 45-79-50-60-70 MEGA Brands Inc

4505 HickmoreLEGO System A/S Montreal, Quebec, Canada H4T K4Aastvej 1D K ~ 7 1 9 Best-Lock Construc tion Toys, Inc.Billund, Denmark Suite 300, Rivergate PlazaPhone: 45-79-50-60-70 444 Brickell A venue

Miami, Florida 3 3131LEGO Systems, Inc.555 Taylor RoadEnfield, CT 06082Phone: 800-838-9647

•

COUNSEL FOR COMPLAINANTS

Elizabeth A Alquist Cecilia Zhang StiberEric Te V elde Day Pitney LLPDay Pitney LLP One Canterbury Green242 Trumbull Street Stamford, CT 06901Hartford, CT 06103-1212 Tel: 203) 977-7344Tel: 860) 275-0100 Fax: 203) 977-7301Fax: 860) 275-0343 Email: [email protected]: [email protected]: [email protected]


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TABLE OF CONTENTS

I. I

I INTRODUCTION ............................................................................................................. l

A. ComplainantS ............... . ........ ·· ................................................................................ 3

B. Proposed Respondents ............................................................................................. 6

II TECHNOLOGY AND PRODUCTS AT ISSUE ............................................................ 6

A. LEGO s Products ..................................................................................................... 6

B. Proposed Respondent LaRose s Products ................................................................ 8

C. Proposed Respondent MEGA Brands Products ................................................... 10

D. Proposed Respondent Best-Lock s Products ......................................................... 13

III. THE ASSERTED PATENTS ......................................................................................... 16

A. The Asserted Patents Prosecution History and Non-Technical Description ........ 16

(1) The 367 Patent .......................................................................................... 16

(2) The 432 Patent .......................................................................................... 17

3) The 568 Patent .......................................................................................... 18

4) The 413 Patent .......................................................................................... 19

B. Foreign Counterpart Patents and Applications ...................................................... 20

C. License to the Asserted Patents .............................................................................. 21

IV. THE ASSERTED COPYRIGHTS ................................................................................. 21

A. The Asserted Copyrights ......................................................................................... 21

(1) The 291 Registration ........................ ............................. : ........................ 21

(2) The 279 Registration .................. , ..................................................... ...... 21

(3) The 378 Registration ................................ ............................................... 22

(4) The 373 Registration ................................................................................ 23

B License to the Asserted Copyrights ....................................................................... 23

V UNLAWFUL AND UNFAIR ACTS OF THE PROPOSED RESPONDENTS ......... 23

A. Proposed Respondent LaRose ............................................................................... 24

( 1) Infringement o one or more claimed designs o the AssertedPatents ........................................................................................................ 24

(2) Infringement o the Asserted Copyrights ................................................... 27

B. Proposed Respondent MEGA Brands .................................................................... 31

(1) Infringement of one or more claimed designs o the AssertedPatents ........................................................................................................ 31

(2) Infringement o the Asserted Copyrights ................................................... 35

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C Proposed Respondent Best-Lock ........................................................................... 39

1) Infringement of one or more claimed designs of the AssertedPatents ........................................................................................................ 39

2) Infringement of the Aisefted C6pyrights .................................................. .40

VI. SPECIFIC ACTS OF UNFAIR IMPORTATION AND SALE ................................. 45

VII. HARMONIZED TARIFF SCHEDULE INFORMATION ......................................... 46

VIII. THE DOMESTIC INDUSTRY ...................................................................................... 46

A The Economic Prong ............................................................................................. 6

B The Technical Prong .............................................................................................. 48

IX. RELATED LITIGATION 48

X R Q U ~ S TOR RELIEF ............................................................................................... 49

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EXHI ITS LIST

Exhibit Number DescriptionExhibit No. 1 Certified Copy of U.S. Design Patent No. D682,367 ( the '367 Patent )Exhibit No. 2 Certified Copy of U.S. Design Patent No. D678,432 ( the '432 Patent )Exhibit No. 3 Certified Copy of U.S. Design Patent No. D689,568 ( the '568 Patent )Exhibit No 4 Certified Copy of U.S. Design Patent No. D672,413 ( the '413 Patent )Exhibit No 5 Certified Copy_of U.S. Copyright Registration No. 1-876-291Exhibit No 6 Certified Copy of U.S. Copyright Registration No. 1-876-279Exhibit No 7 Certified Copy of U.S. Copyright Registration No. 1-876-378Exhibit No. 8 Certified Copy of U.S. Copyright Registration No. 1-876-373Exhibit No. 9 Certified Copy of the Assignment of the '367 PatentExhibit No. 10 Certified Copy of the Assignment of the '432 PatentExhibit No. 11 Certified Copy of the Assignment of the '568 PatentExhibit No. 12 Certified Copy of the Assignment of the '413 Patent

Exhibit No. 13Claim Chart Demonstrating LaRose's Infringement of the claimed designof the '367 Patent

Exhibit No. 14 Claim Chart Demonstrating LaRose's Infringement of the claimed designof the '432 Patent

Exhibit No. 15 Claim Chart Demonstrating LaRose's Infringement of the claimed designof the '568 Patent

Exhibit No. 16 Claim Chart Demonstrating MEGA Brands' Infringement of the claimeddesign of the '367 Patent

Exhibit No. 17 Claim Chart Demonstrating MEGA Brands' Infringement of the claimeddesign of the '432 Patent

Exhibit No. 18 Claim Chart Demonstrating MEGA Brands' Infringement of the claimed

designof

the '568 PatentExhibit No. 19 Claim Chart Demonstrating MEGA B ~ a n d sInfringement of the claimeddesign of the '413 Patent

Exhibit No. 20 Claim Chart Demonstrating Best-Lock's Infringement of the claimeddesign of the '568 Patent

Exhibit No. 21 Photographs and Receipts from Purchase of the LaRose InfringingProducts

Exhibit No. 22 Photographs and Receipts from Purchase of the MEGA Brands InfringingProducts

Exhibit No. 23 Photographs and Receipts from Purchase of the Best-Lock InfringingProducts

Exhibit No. 24 Claim Chart Applying the '367 Patent to the LEGO


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Exhibit Number DescriptionExhibit No. 32 Foreign counterparts for U.S. Pat. No. D682,367Exhibit No. Foreign counterparts for U.S. Pat. No. D678,432Exhibit No. 34 Foreign counterparts for U.S. Pat. No. D689,568Exhibit No. 35 Foreign counterparts for U.S. Pat. No. D672,413Exhibit No. 36 List of Licensees under the Asserted Patents and Copyrights

(Confidenth1l)Exhibit No. 37 Declaration of Spren Torp Laursen

Confidential)

IV


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PHYSIC L EXHIBIT LIST

Physical Exhibit Number DescriptionPhyical Exhibit No. 1 LEGO® r i e n d ~Heartlake Shopping Mall [Including L GO®

Friends figurines]

Phyical Exhibit No. 2 LEGO® Friends Sunshine Ranch [Including Example of L GO®Friends figurine for U.S. Pat. No. D672 413]

Phyical Exhibit No. 3 Example of LEGO® Friends figurinePhyical Exhibit No. 4 LaRose LITE BRIX Sunset Mall [Including LaRose Infringing

Figurines]Phyical Exhibit No. 5 Example of LaRose Infringing FigurinePhyical Exhib it No 6 MEGA Brands My Life As Blue Ribbon Ranch [Including MEGA

Brands Infringing Figurines]Phyical ~ h i b i tNo 7 Example of MEGA Brands Infringing FigurinePhyical Exhibit No. 8 Best-Lock Fairy Tale High Little Mermaid [Including Example of

Best-Lock Infringing Figurine]


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PPENDICES

ppendix Number DescriptionAppendix No. 1 Certified Copy of the ptosecution history of the 367 PatentAppendix No. 2 Certified Copy of the prosecution history of the 432 PatentAppendix No. 3 Certified Copy ofthe prosecution history of the 568 PatentAppendix No.4 Certified Copy of the prosecution history of the 413 PatentAppendix No. 5 Patent and Technical References in Prosecution History of Application

Leading to the Issuance of the 367 PatentAppendix No. 6 Patent and Technical References in Prosecution History of Application

Leadingto the Issuance of the 432 PatentAppendix No.7 Patent and Technical References in Prosecution History of Application

Leading to the Issuance of the 568 PatentAppendix,.No. 8 Patent and Technical References in Prosecution History of Application

Leading to the Issuance of the 413 Patent

V l


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following U.S. Copyright registrations owned by LEGO (collectively, the Asserted

Copyrights ):·.

• VA 1-876-291 ( the '291 Registration ) Exhibit No.5).




4 The Proposed Respondents have violated and continue to violate Section 337 to

the detriment of the domestic industry ofLEGO and ofLEGO s licensees and potential

licensees that exist in the United States relating to the Asserted Patents and the Asserted

Copyrights.

5 To remedy the Proposed Respondents' continuing and unlawful violation of

Section 337, LEGO hereby states pursuant to Commission Rule 210.12(a)(ll) that it seeks, as

permanent relief, a general exclusion order, pursuant to 19 U.S.C. § 1337 (d), barring all

infringing toy figurines and toy sets containing the same from entry into the United States.

LEGO also seeks, alternatively, a limited exclusion order, pursuant to 19 U.S.C. § 1337(d),

barring from entry into the United States all infringing figurines and toy sets containing ~ same

sold for importation, imported, or sold within the United States after importation by the Proposed

Respondents. LEGO also seeks cease and desist orders, pursuant to 19 U.S.C. § 1337(f),

prohibiting the Proposed Respondents from engaging in the unlawful sale for importation into

the United States, importation into the United States, and/or the sale within the United States

after importation of infringing figurines and toy sets containing the same that infringe claims of

one or more of the Asserted Patents and/or infringe one or more of the Asserted Copyrights.

Further, LEGO requests that the Commission impose a bond upon Proposed Respondents'

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importation of infringing figurines and toy sets containing the same during the 60-day

Presidential review period, pursuant to 19 U.S.C. § 1337U), to prevent further injury to the· \·

domestic industry relating to the Asserted Patents and Copyrights.

A Complainants

6. LEGO S and LEGO System S are corporations incorporated under the laws

of Denmark, having their principal place of business at Aastvej 1, DK-7190, Billund, Denmark.

7. LEGO Systems, Inc., is a corporation incorporated under the laws of Delaware.

with its princip'al place of business at 555 Taylor Road, Enfield, Connecticut 06082.

8. LEGO is a well-established industry innovator and leader in designing and

manufacturing toys and play materials for children of all ages worldwide. LEGO's toy building

elements, figurines and toy sets established the construction toy category, are well-recognized

around the world and have enjoyed tremendous commercial success and consistent popular

acclaim.

9. LEGO is known for delivering the very best construction toy products and

associated play experiences. In fact, the name LEGO is an abbreviation of the Danish words

leg godt meaning play well. LEGO was founded in 1932 by Ole Kirk Kristiansen, wlro

started the company making wooden toys and selling them from his workshop in Billund,

Denmark. The company has passed from parent to child with Kjeld Kirk Kristiansen, grandchild

of the founder, currently serving as Vice Chairman of the Board. Ole Kristiansen's motto- det

bedste er ikke for godt meaning only the best is good enough - helps explain why, according

to a 2014 survey by the Reputation Institute, LEGO is the number two most-admired brand in the

United States and number nine globally. The phrase also explains why LEGO products have

been twice named Toy of the Century. ee Exhibit No 28; Confidential Exhibit No 37

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10 Constructive LEGO play fosters positive, lifelong skills, such as creativity,

imagination and creative problem solving, that are valuable to any child. Even though all LEGO. • ~ • •

products are gender-neutral and are intended for both boys and girls, prior to the introduction o

the LEGO® Friends figurines, studies indicated that only nine percent (9%) o LEGO households

reported that the primary user o a LEGO product was a girl. To make LEGO play more

interesting for some girls, in 2007 LEGO embarked on four years' worth o comprehensive

global research, design and exhaustive testing, incorporating over 3,500 girls and their parents,.

and including focus groups in the United States for the purpose o research and design o the new

product line, with a particular emphasis on the figurine's design. ee Exhibit No 28;

Confidential Exhibit No 37

11 Because LEGO is known for its co-creation philosophy and delivering the very

best possible products and experiences, LEGO listened carefully to the participants in the

studies. The comprehensive studies called for a figure that is able to be accessorized, toy sets

with more details and interior building, a brighter color palette, and role play opportunities with a

story line that girls would find interesting. As a result, each LEGO® Friends figurine is named,

and has a back story and career. Moreover, each LEGO® Friends figurine is made with tHe goal

o inspiring more girls to try their hand at building and experience the pride o accomplishment

that LEGO play fosters. ee Exhibit No 28; Confidential Exhibit No 37

12 LEGO® Friends figurines launched in the United States in January, 2012 and was

one o the most significant strategic launches in a decade. LEGO launched a full line o 23

different products backed by a 40 million global marketing push. ee Exhibit No. 8;

Confidential Exhibit No. 37.

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13 The launch was tremendously successful. During LEGO® Friends figurines' first

year in the market, the products doubled the initial sales forecast in a declining global toy

market. Since launch, the LEGO® Friends product line has continued to experience widespread

sales growth, growing by double digits, despite a North American decrease in toy sales overall.

ee Exhibit No. 28; Confidential Exhibit No 37

14. LEGO® Friends products have also been widely-recognized in the international

toy community, winning Toy of the Year for the best toy overall in 2013 at the 2013.\.

International Toy Fair in New York, New York. LEGO® Friends products have also been

awarded: Best Toy in the six-to-ten age group at the 2012 Nuremburg Toy Fair; 2013

Activity Toy of the Year ; and 2013 Girl Toy of the Year at the 2013 International Toy Fair

in New York, New York. LEGO® Friends products were also nominated for 2014 Girl Toy of

the Year at the 2014 International Toy Fair in New York, New York. ee Exhibit No. 8;

Confidential Exhibit No 37

15. LEGO s innovative and commercially successful products are the result of its

long-time investment in research and development and commitment to cutting-edge toy designs.

LEGO' s innovations and products have become so popular and well-recognized that they are

virtually synonymous with the LEGO brand, attracting competitors who attempt to capitalize on

LEGO s success by copying its innovations and products and preying on the vulnerability of

LEGO s youthful consuming population, instead of developing their own product lines. Over

the years, LEGO has made substantial investments in design, research and development,

licensing, and manufacturing in a wide variety of product lines, including the LEGO® Friends

, product line at issue. ee Confidential Exhibit No. 37.

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16 LEGO N S the parent company, owns the Asserted Patents and Copyrights and

licenses them to LEGO System N S for production. In tum, LEGO System N S licenses the

Asserted Patents and Copyrights to LEGO S y s t ~ m sInc. for marketing and distribution in the

United States. .

B. Proposed Respondents

17 On information and belief, Respondent LaRose Industries LLC is a late-market\

entrant, U.S. toy supplier incorporated under the laws of New Jersey with its principal place of

t

business at 1578 Sussex Turnpike, Randolph New Jersey 07869. ee Exhibi t No 29. As

detailed below, LaRose is the supplier of LITE BRIX toy products.

18 On information and belief, Respondent MEGA Brands Inc. is a late-market

entrant, U.S. toy supplier incorporated under the laws of Canada with its principal place of

business at 4505 Hickmore, Montreal, Quebec, Canada H4T 1K4. As detailed below, MEGA

Brands is the supplier of My Life As toy products. ee Exhibi t No 30.

19 On information and belief, Respondent Best-Lock is a late-market entrant, U.S.

toy supplier incorporated under the laws of Florida with its rrincipal place of business at Suite

300, Rivergate Plaza, 444 Brickell Avenue, Miami, Florida 33131. As detailed below, Best-

Lock is the supplier of Fairy Tale High toy products. ee Exhibi t No 31.

II. TECHNOLOGY AND PRODUCTS-AT-ISSUE

A LEGO s Products

20. In 2012, LEGO introduced its LEGO® Friends figurines, which include a group of

figurines representative of LEGO® Friends characters, namely, Mia, Olivia, Emma, Andrea, and

Stephanie, who live in the imaginary LEGO toy world of Heartlake City. With themed elements

and colorful details, LEGO toy sets featuring the LEGO® Friends figurines allow consumers to

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design and build their own Heartlake City play scenarios such s Heartlake Shopping Mall and

Sunshine Ranch.

LEGO® Friends Heart lake Shopping Mall

LEGO® Friends Sunshine Ranch

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21. Each L GO® Friends figurine has a head, arms, legs, and features certain fixed

facial expressions and various clothing styles. It comprises a distinct trapezoidal torso,F :

cylindrical head, arms bent slightly at the ~ l b o w sstraight legs, and inverted feet with rounded

front edge and smaller sole outfitted with a nimltitude o shoe styles.

Emma: A Representative L GO® Friends figurine

B. Proposed Respondent LaRose s Products

22. LaRose manufactures in China, sells for importation into the United States,

imports into the United States, and/or sells after importation within the United States imitation

toy products, including a figurine having a trapezoidal torso, cylindrical head, arms bent slightly

at the elbows, straight legs, and inverted feet (the LaRose Infringing Figurine ) . LaRose

Infringing Figurines are marketed and sold in, at least LaRose LITE BRIX toy sets or as LaRose

LITE BRIX figurines.

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Ava A Representative LaRose Infringing Figurine

23. LaRose Infringing Figurines are strikingly and substantially similar to the

Asserted Copyrights and infringe claims o one or more o the Asserted Patents that are

embodied in the L GO® Friends figurines. In fact the torso head arms legs and feet o

LaRose Infringing Figurines all have nearly exact dimension and proportions as those respective

parts o the Asserted Copyrights and the corresponding claims o one or more o the Asserted

Patents.


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24 A representative photo below shows a LITE BRIX toy set imported and/or sold

after importation within the United States by LaRose featuring LaRose Infringing Figurines.

LITE BRIX Sunset Island Mall containing LaRose Infringing Figurines

C Proposed Respondent MEGA Brands .Products

25. MEGA Brands manufactures in Canada, sells for importation into the United

States, imports into the United States, and/or sells after importation within the United States

imitation toy products, including a figurine having a trapezoidal torso, cylindrical head, arms

bent slightly at the elbows, straight legs, and inverted feet ( MEGA Brands Infringing

Figurine ). MEGA Brands Infringing Figurines are marketed and sold in, at least MEGA Brands

My Life As toy sets or as MEGA Brands My Life As figurines.

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A Representative MEG Brands Infringing Figurine

26. MEGA Brands Infringing Figurines are strikingly and substantially similar to the

Asserted Copyrights and infringe claims o one or more o the Asserted Patents that are

embodied in the L GO® Friends figurines. In fact the torso head arms legs and feet o

MEGA Brands Infringing Figurines all have nearly exact dimension and proportions as those.respective parts o the Asserted Copyrights and the corresponding claims o one or more of the

Asserted Patents.

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'.

Comparison o LEGO® Friends figurines and MEG Brands Infringing Figurines

27. A representative photo below shows a toy ~ t imported and/or sold after

importation within the United States by MEGA Brands featuring MEGA Brands Infringing

Figurines.

12


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MEGA Brands Blue Ribbon Ranch containing MEGA Brands Infringing Figurines

D. Proposed Respondent Best-Lock s Products

28. Best-Lock manufactures in China, sells for importation into the United States,

imports into the United States, and/or sells after importation within the United States irnitarion

toy products, including a figurine having a trapezoidal torso, cylindrical head, arms bent slightly

at the elbows, straight legs, and inverted feet (the Best-Lock Infringing Figurine ). Best-Lock

Infringing Figurines are marketed and sold in, at least Best-Lock Fairy Tale High toy sets or s

Best-Lock Fairy Tale High figurines.

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Little Mermaid : A Representative Best-Lock Infringing Figurine

29. Best-Lock Infringing Figurines are strikingly and substantially similar to the

Asserted Copyrights, and infringe claims o one or more o the Asserted Patents that are

embodied in the LEGO® Friends figurines. In fact, the torso, head, arms, legs, and feet o Best

Lock Infringing Figurines all have nearly exact dimension and proportions as those respec tive

parts o the Asserted Copyrights and the corresponding claims o one or more o the Asserted

Patents.

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Comparison of LEGO® Friends figurine and Best Lock Infringing Figurine

30. A representative photo below shows a toy set imported and/or sold after

importation within the United States by Best Lock featuring Best Lock Infringing Figurines.

Best Lock I m Teen Little Mermaid containing a Best Lock Infringing Figurine

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34. Together with this Complaint, LEGO has filed a certified copy and three 3)

additional copies o the prosecution history o the '367 Patent as Appendix No. 1 LEGO has

also filed four ( 4) copies o each patent ar{d technical reference identified in the prosecution

history o the application leading to the· issuance o the '367 Patent as Appendix No 5

35. The '367 Patent claims an ornamental design for a female toy figure, as shown

and described in the figures o the patent.1

(2) The 432 Patent•

36. The '432 Patent is entitled Toy Figure, issued to Arnaud Rene Albert Dubreuil

et al. on March 19, 2013, from U.S. Design Patent Application Serial No. 29/409,606, filed

December 27, 2011. The '432 Patent has one (1) claim. A certified copy o the '432 Patent is

attached to the Complaint as Exhibit No. 2

FIG 1

Figure 1 of the 432 Patent

1 The text o this Complaint and the sections providing non-technical descriptions of the AssertedPatents are not intended to construe either the specification or the claims o the Asserted Patents.

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37. LEGO became the owner of the '432 Patent y assignment made on January 16

2012 and recorded on January 25,2012. A certified copy of the assignment is attached as

Exhibit No. 10.

38. Together with this Complaint LEGO has filed a certified copy and three (3)

additional copies of the prosecution history ·of the '432 Patent as Appendix No 2 LEGO has

also filed four ( 4) copies of each patent and technical reference identified in the prosecution

history of the application leading to the issuance of the '432 Patent as Appendix No 6

39. The '432 Patent claims an ornamental design for a toy figure, as shown and

described in the figures of the patent.

(3) The 568 Patent

40. The '568 Patent is entitled "Head for a Toy Figure," issued to Pia Pilgaard et al.

on September 10 2013, from U.S. Design Patent Application Serial No. 29/409,615, filed

December 27,2011. The '568 Patent has one (1) claim. A certified copy of the '568 Patent is

attached to the Complaint as Exhibit No. 3

FIG 1


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41. LEGO became the owner of the '568 Patent by assignment made on January 12,

2012 and recorded on January 26, 2012. A certified copy of the assignment is attached as

Exhibit No. 11.

42. Together with this Complaint,' LEGO has filed a certified copy and three 3)

additional copies of the prosecution history of the '568 Patent as Appendix No 3 LEGO has


history of the application leading to the issuance ofth '568 Patent as Appendix No 7

43. The '568 Patent claims an ornamental design for a head for a toy figure, as shown

and described in the figures of the patent.

(4) The 413 Patent

44. The '413 Patent is entitled Toy Figure, issued to Arnaud Rene Albert Dubreuil

et al. on December 11, 2012, from U.S. Design Patent Application Serial No. 29/409,607, filed

December 27, 2011. The '413 Patent has one ( 1) claim. A certified copy of the '413 Patent is

attached to the Complaint as Exhibit No. 4.

;

FIG 1


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45. LEGO became the owner of the 413 Patent y assignment made on January 16

2012 and recorded on January 26, 2012. A certified copy of the assignment is attached as

Exhibit No 12

46. Together with this Complainti LEGO has filed a certified copy and three (3)

additional copies of the prosecution history of the 413 Patent as Appendix No 4 LEGO has


history of the application leading to the issuance of the 413 Patent as Appendix No 8

47. The 413 Patent claims an ornamental design for a toy figure, as shown and

described in the ·figures of the patent.

B Foreign Counterpart Patents and Applications

48. The foreign counterpart patents and/or applications to the 367 Patent are listed in

Exhibit No 32 Apart from those listed, there are no other foreign patents or foreign patent

applications pending, filed, abandoned, withdrawn or rejected relating to the 367 Patent.


Exhibit No. 33 Apart from those listed, there are no other foreign patents or foreign patent

applications pending, filed, abandoned, withdrawn or rejected relating to the 432 Patent. ;


Exhibit No 34 Apart from those listed, there are no other foreign patents or foreign patent



Exhibit No. 35 Apart from those listed, there are no other foreign patents or foreign patent


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C License to the Asserted Patents

52. LEGO has granted licenses under the Asserted Patents. A list of licensees of the

Asserted Patents is attached to the Complaint as Confidential Exhibit No. 36.

IV. THE ASSERTED COPYRIGHTS

A. The Asserted Copyrights

(1) The 291 Registration

53. The '291 Registration is entitled Figure with Capri Pants, issued on September.

24, 2013 to LEGO. A certified copy and three (3) additional copies of the '291 Registration is

attached to the Complaint s Exhibit No.5.

;

VA 1-876-291: Figure with Capri Pants (FRONT and REAR)

(2) The 279 Registration

54. The '279 Registration is entitled Figure with Rolled Shorts, issued on

September 24, 2013 to LEGO. A certified copy and three (3) additional copies of the '279

Registration is attached to the Complaint as Exhibit No. 6.

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VA 1-876-279: Figure with Rolled Shorts (FRONT and REAR)

3) The 378 Registration

55. The '378 Registration is entitled Figure with Skirt, issued on September 24,

2013 to LEGO. A certified copy and three (3) additional copies of the '378 Registration is

attached to the Complaint s Exhibit No 7

VA 1-876-378: Figure with Skirt (FRONT and REAR)

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(4) The '373 Registration

56 The '373 Registration is entitled Figure with Tiered Skirt, issued on September. . . .

24, 2013 to LEGO. A certified copy and three (3) additional copies of the '373 Registration is

attached to the Complaint as Exhibit No. 8 :

VA 1-876-373: Figure with Tiered Skirt FRONT and REAR)

B. License to the Asserted Copyrights

57. LEGO has granted licenses under the Asserted Copyrights. A list of licensees of

the Asserted Copyrights is attached to the Complaint as Confidentia l Exhibit No. 36.

V. UNLAWFUL AND UNFAIR ACTS OF THE PROPOSED RESPONDENTS

58. On information and belief, the Proposed Respondents had access to the protected

LEGO Friends® figurines. LEGO has received worldwide critical acclaim for developing the

LEGO® Friends product line. ee Exhibit No. 28; Confident ial Exhibit No. 37. LEGO®

Friends products have also been widely recognized in the international toy community, winning

Toy of the Year, Activity Toy of the Year, and Girl Toy ofthe Year at the 2013

International Toy Fair and Toy of the Year at the 2012 Nuremburg Toy Fair. ee Exhibi t No.

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62. Review of the LaRose Infringing Figurine and toy sets containing the same

demonstrates that the products literally infringes the 367 Patent. ee xhibit No. 21 and

Physical Exhibi t Nos. 4 5. A chart applyingthe design claimed in the 367 Patent to

LaRose s infringing products and demonstrating similarity is attached as Exhibit No. 13

FIG.2

Figure 2 of the 367 Patent vs. LaRose Infringing Figurine (TORSO)

63. e ~ i e wof a LaRose Infringing Figurine and toy ~ t containing the same

demonstrates that the products literally infringes the 432 Patent. ee xhibit No. 21 and

Physical xhibit Nos. 4 5. A chart applying the design claimed in the 432 Patent to

LaRose s infringing product and demonstrating similarity is attached as Exhibit No. 14

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FIG.2

Figure 2 of the 432 Patent vs. LaRose Infringing Figurine (SKIRT)

64. Review of a LaRose Infringing Figurine and toy sets containing the same

demonstrates that the products literally infringes the 568 Patent. ee Exhibit No. 21 and

Physical xhibit Nos. 4 5 A chart applying the design claimed in the 568 Patent to

LaRose s infringing product and demonstrating similarity is attached as Exhibit No. 15.

i

FIG 2

Figure 2 of the 568 Patent vs. LaRose Infringi ng Figurine (HEAD)

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(2) Infringement o the Asserted Copyrights

65. On information and belief, LaRose imports into the United States and/or sells

within the United States after importation certain figurines, including the Infringing Figurine,

and toy sets containing the same that infringe one or more of the Asserted Copyrights. ee

Exhibit No. 21 and Physical Exhibit Nos. 4 5

66 LaRose' s infringing products are strikingly and substantially similar, and have a

substantially similar overall look and feel, to the Asserted Copyrights .

67 Review ofth LaRose Infringing Figurine and toy sets containing the same

demonstrates that the products are strikingly and substantial ly similar to the '291 Registration,

entitled Figure with Capri Pants. ee Exhibit Nos. 5 21 and Physical Exhibit Nos. 4 5.

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VA 1 876 291: Figure with Capri Pants and LaRose Infringing Figurine

68. Review o the LaRose Infr inging Figurine and toy sets containing the same

demonstrates that the products are strikingly and substantially similar to the '279 Registration,

entitled Figure with Rolled Shorts. ee Exhibit Nos. 6 21 and Physical Exhibit Nos. 4

5

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•\

.

VA 1-876-279: Figure with Rolled Shorts nd LaRose Infringing Figurine


demonstrates that the products are strikingly and substantially similar to the '378 Registration is

entitled Figure with Skirt. Exhibit Nos. 7 21 nd Physical Exhibit Nos. 4 5

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· · \

VA 1-876-378: Figure with kirt and LaRose Infringing Figurine


demonstrates that the products are strikingly and substantially similar to the '373 Registration is

entitled Figure with Tiered Skirt. Exhibit Nos. 8 21 and Physical Exhibit Nos 4 5

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J:

VA 1-876-373: Figure with Tiered Skirt and LaRose Infringing Figurine

71. LaRose s infringing products are unauthorized reproductions of the Asserted

Copyrights s well s the Asserted Patents.

72. LEGO had no agreement o any kind with LaRose that would authorize LaRose s

reproductions o the Asserted Copyrights or Patents, or the importation and/or sale after

importation o the infringing products.

B Proposed Respondent MEGA Brands

(1) Infringement o one or more claimed designs o the Asserted Patents

73. On information and belief, MEGA Brands imports into the United States and/or

sells within the United States after importation certain figurines, including the Infringing

Figurine, and toy sets containing the same that infringe one or more o the Asserted Patents. ee

Exhibit No. 22 and Physical Exhibit Nos. 6 7

74. MEGA Brands products infringe one or more claimed designs o the Asserted

Patents because in the eye o an ordinary observer, giving such attention s a purchaser usually

gives, the designs o these MEGA Brands infringing products are substantially the same s the

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designs embodied in one or more o the Asserted Patents, and the resemblance is such s to

deceive such n observer, inducing the observer to purchase MEGA Brands infringing products(

.

supposing them to be the claimed designs of ~ or more o the Asserted Patents.

75. Review o the MEGA Brandsilnfringing Figurine and toy sets containing the

same demonstrates that the products literally infringes the 367 Patent. See Exhibit No. 22 and

Physical Exhibit Nos. 6 7. A chart applying the design claimed in the 367 Patent to MEGA

Brands infringing products and demonstrating similarity is attached s Exhibi t No. 16.

FIG 2

Figure 2 of the '367 Patent vs. MEG Brands Infringing Figurine (TORSO)

76. Review o the MEGA Brands Infringing Figurine and toy sets containing the

same demonstrates that the products literally infringes the 432 Patent. See Exhibit No. 22 and

Physical Exhibit Nos. 6 7. A chart applying the design claimed in the 432 Patent to MEGA

Brands infringing product and demonstrating similarity is attached as Exhibit No. 17.

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(:

FIG.2

Figure 2 of the 413 Patent vs. MEGA rands Infringing Figurine (PANTS)

78. Review of a MEGA Brands Infringing Figurine and toy sets containing the same

demonstrates that the products literally infringes the 568 Patent. ee Exhibit No 22 and

Physical Exhibit Nos. 6 7 A chart applying the design claimed in the 568 Patent to MEGA

Brands infringing product and demonstrating similarity is attached as Exhibit No 18

FIG 2

Figure 2 of the 568 Patent vs LaRose Infringing Figurine (HEAD)

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(2) Infringement of the Asserted Copyrights

79. On information and belief, MEG Brands imports into the United States and/or

sells within the United States after importation certain figurines, including the Infringing

Figurine, and toy sets containing the same that infringe one or more of the Asserted Copyrights.

80. MEGA Brands' infringing products are strikingly and substantially similar, and

have a substantially similar overall look and feel, to the Asserted Copyrights.

81. Review of the MEGA Brands Infringing Figurine and toy sets containing the

same e m o n s t r ~ t e sthat the products are strikingly and substantially similar to the '291

Registration, entitled Figure with Capri Pants. ee Exhibit Nos. 5 22 nd Physical Exhibit

Nos. 6 7.

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VA 1-876-279: Figure with Rolled Shorts and MEGA Brands Infringing Figurine


same demonstrates that the products are strikingly and substantially similar to the '378

Registration is entitled Figure with Skirt. ee Exhibit Nos. 7 & 22 and Physical Exhibit Nos.

6 7 .

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VA 1-876-378: Figure with Skirt and :MEGA rands Infringing Figurine


same demonstrates that the products are strikingly and substantially similar to the '373

Registration is entitled Figure with Tiered Skirt. ee Exhibit Nos. 8 & 22 and Physical

Exhibi t Nos. 6 7.

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VA 1-876-373: Figure with Tiered Skirt and LaRose Infringing Figurine

85. MEGA Brands infringing products are unauthorized reproductions of the

Asserted Copyrights s well as the Asserted Patents.

86. LEGO had no agreement of any kind with MEG Brands that would authorize

MEGA Brands reproductions of the Asserted Copyrights or the importation and/or sale after

importation of the infringing products.

C. Proposed Respondent Best-Lock

1) Infringement o one or more claimed designs o the Asserted Patents

87. On information and belief, Best-Lock imports into the United States and/or sells


and toy sets containing the same that infringe one or moreof

the Asserted Patents.ee

Exhibit

No. 23 and Physical Exhibit No. 8

88. The Best-Lock s products infringe one or more claimed designs of the Asserted

Patents because in the eye of an ordinary observer, giving such attention as a purchaser usually

gives, the designs of these Best-Lock s infringing products are substantially the same s the

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designs embodied in one or more o the Asserted Patents, and the resemblance is such as to

deceive such an observer, inducing the observer to purchase Best-Lock s infringing products· ·

supposing them to be the claimed e s i g n ~o one or more o the Asserted Patents.

89. Review o a Best-Lock Infringing Figurine and toy sets containing the same

demonstrates that the products literally infringes the 568 Patent. ee Exhibit No. 23 and

Physical Exhibit No 8 A chart applying the design claimed in the 568 Patent to Best-Lock s

infringing product and demonstrating similarity is attached as Exhibit No. 20 ..

FIG 2

Figure 2 of the 568 Patent vs. Best-Lock Infringing Figurine (HEAD)

(2) Infringement of the Asserted Copyrights

90. On information and belief, Best-Lock imports into the United States and/or sells


and toy sets containing the same that infringe one or more o the Asserted Copyrights.

91. Best-Lock s infringing products are strikingly and substantially similar, and have

a substantially similar overall look and feel, to the Asserted Copyrights.

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92. Review o the Best-Lock Infringing Figurine and toy sets containing the same

demonstrates that the products are strikingly and substantially similar to the '291 Registration,'/

entitled Figure with Capri Pants. ee Exhibit. Nos. 5 3 and Physical Exhibit No. 8

VA 1-876-291: Figure with Capri Pants and Best-Lock Infringing Figurine

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93. Review o the Best -Lock fufringing Figurine and toy sets containing the same

demonstrates that the products are strikingly and substantially similar to the '279 Registration,

entitled Figure with Rolled Shorts. ee Exhil it Nos. 6 23 and Physical Exhibit No. 8

V 1-876-279: Figure with Rolled Shorts and Best-Lock Infringing Figurine

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94. Review of the Best-Lock Infringing Figurine and toy sets containing the same

demonstrates that the products are strikingly and substantially similar to the '378 Registration s

entitled Figure with Skirt. ee Exhibit Nos. 7 23 and Physical Exhibit No. 8

VA 1-876-378: Figure with Skirt and Best-Lock Infringing Figurine

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95. Review of the Best-Lock Infringing Figurine and toy sets containing the same

demonstrates that the products are strikingly and substantially similar to the '373 Registration is· ·

entitled Figure with Tiered Skirt. ee xhibit Nos. 8 23 and Physical Exhibit No.8.

'

VA 1-876-373: Figure with Tiered Skirt and Best-Lock Infringing Figurine

96. Best-Lock's infringing products are unauthorized reproductions of the Asserted

Copyrights s well s the Asserted Patents.

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97. LEGO had no agreement of any kind with Best-Lock that would authorize Best-

Lock's reproductions of the Asserted Copyrights or Patents, o r the importation and/or sale after

importation of the infringing products.

VI. SPECIFIC ACTS OF UNFAIR;;IMPORTATION AND SALE

98. On informat ion and belief, Proposed Respon dents impo rt and will continue to

import and/or sell after impor tation within the United States products that infringe one or more

of the Asserted Patents and the Asserted Copyrights in violation of Section 337.

'99. LEGO has obtained in the United States representative samples of the Proposed

Respondents' products that infringe the Asserted Patents and the Asserted Copyrights.

100. On information and belief, LaRose products that infringe one or more of the

Asserted Patents and the Asserted Copyrights are imported and/or sold after importation within

the United States by Respondent as LITE BRIX figurines and toy sets containing the same,

which are marked Made in China. ee Exhibit No. 21 and Physical Exhibit Nos. 4 5.

101. On information and belief, MEGA Brands produ cts that infringe one or more of

the Asserted Patents and the Asserted Copyrights are imported and/or sold after importation

within the United States by Respondent as My Life As figurines and toy sets containing th{;

same, which are marked Made in Canada. ee Exhibit No. 22.and Physical Exhibit Nos. 6

7

102. On information and belief, Best-Lock products that infringe one or more of the

Asserted Patents and the Asserted Copyrights are imported and/or sold after importation within

the United States by Respondent as Fairy Tale High figurines and toy sets containing the same,

which are marked Made in China. ee Exhibit No. 23 and Physical Exhibit No.8.

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VII. HARMONIZED TARIFF SCHEDULE INFORMATION

103. The articles subject to this Complaint are classifiable under at least the followingt-·

headings and subheadings of the Harmonized Tariff Schedule ( HTS ) of the United States:

9503.00.0073 ( children's products as defined in 15 U.S.C. § 2052; labeled or determined by

importer as intended for use by persons: 3 to 12 years of age ) and 9503.00.0090 ( children's

products as defined in 15 U.S.C. § 2052: other).

104. These classifications are intended for illustration only and are not intended to

\restrict the scope of this investigation.

VIII. TH DOMESTIC INDUSTRY

105. A domestic industry, as required and defined by 19 U.S.C. § 1337(a)(2)-(3), exists

by virtue of significant investment in plant and equipment, significant employment of labor or

capital, and substantial investment in the exploitation of the Asserted Patents and/or the Asserted

Copyrights, through activities in the United States directed to toy figurines and toy sets that

practice the Asserted Patents and the Asserted Copyrights by LEGO and LEGO's licensees.

A The Economic Prong

106. n industry, as defined in Section 337(a)(3), exists in the United States by \rirtue

of LEGO's significant and substantial investments directed to LEGO's toy products that are

protected by one or more of the Asserted Patents and/or the Asserted Copyrights (the Domestic

Toy Industry ).

107 LEGO conducts extensive activities in the United States, including those directed

to the Domestic Toy Industry. These activities include, but are not limited to substantial

licensing, research and development, and technical activities within the United States relating to

the Domestic Toy Industry.

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108. LEGO has undertaken an extensive and substantial licensing program related to

the Domestic Toy Industry, exploiting its intellectual property portfolio through licensing.

.

activities, such that a domestic industry x i s t s ~6r alternatively, is in the process of being

established. Confidential Exhibit No · 36 contains a list of licensees covered by the Asserted

Patents and the Asserted Copyrights. Those licensing activities have yielded substantial and

increasing revenues since the launch of the Domestic Toy Industry. See Confidential Exhibit

No. 37.

109. tEGO has made large investments in order to license the technology, including

the employment of various personnel who are involved in its overall licensing operations. See

Confidential Exhibit No. 37. These employees, for example, negotiate license agreements,

draft license agreements, oversee licensing strategy, and perform marketing activities focused on

developing relationships with actual and potential licensees. See Confidential Exhibit No. 37.

110. LEGO has invested and invests significant amounts in its facilities in the United

States to support these activities, including retail and office spaces, rent, operating expenses and

leasehold improvements. Such expenses, including those directed· to the Domestic Toy Industry,

are set forth in Confidential Exhibit No. 37.

111. LEGO has also invested significant amounts in marketing and sales in the United

States, including those in the Domestic Toy Industry. Confidential Exhibit No. 37 contains

detailed information regarding LEGO s expenditures in sales and marketing, s well s those

related to retail stores and customer service within the United States.

112. Based on the foregoing, LEGO s significant and substantial investments in the

United States in activities directed to the Domestic Toy Industry demonstrate the existence of a

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domestic industry as required and defined y 9 U.S.C. § 1337(a)(3). LEGO s investments and

expenditures with respect to the Domestic Toy Industry are continuous and ongoing.\ ·

B The Technical Prong

113. LEGO practices the Asserted Patents and the Asserted Copyrights in the United

States in the LEGO®Friends figurines and toy sets, as described herein above. The LEGO®

Friends figurines and toy sets incorporate the designs claimed in the Asserted Patents and the

artistic expressions claimed in the Asserted Copyrights.

t114. A chart applying the design claimed in the 367 Patent to the LEGO®Friends

figurines and demonstrating its substantial similarity is attached as Exhibit No. 24

115. A chart applying the design claimed in the 432 Patent to the LEGO®Friends

figurines and demonstrating its substantial similarity is attached as Exhibit No. 25


figurines and demonstrating its substantial similarity is attached as Exhibit No 26


figurines and demonstrating its substantial similarity is attached as Exhibit No 27

IX. RELATED LITIGATION

118. The Asserted Patents and Asserted Copyrights are the subject of a lawsuit filed on

March 20, 2014, y LEGO N S against the Respondent in the United States District Court for the

District of Connecticut, styled as LEGO AIS v LaRose Industries LL d/b/a CRA-Z-ART Action

No. 3: 14cv00350. The lawsuit remains in its early stages. The parties have conducted a

planning meeting in accordance with Fed. R. Civ. P 26 and submitted the corresponding report.

Plaintiff has submitted its initial disclosures and served discovery requests, to which LaRose

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5 Issue a permanent cease and desist order, pursuant to 19 U.S.C. § 1337 f),

directing Proposed Respondents to cease and desist from the importation, sale, offer for sale,c \

advertising, packaging or solicitation of ~ ~ ~ yProposed Respondents of products that

infringe the Asserted Patents and/or the Asserted Copyrights;

6 Impose a bond upon Proposed Respondents who continue to import infringing

articles during the 60-day Presidential review period per 19 U.S.C. § 1337 j); and

7. Grant all such other and further rel ief as it deems appropriate under the law, based

upon the facts complained of herein and as determined y the investigation.

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Dated: February 5, 2015B ~ /

··

\: ----==c..=DAY PITNEY P

Elizabeth A AlquistEric TeVelde242 Trumbull StreetHartford, CT 06103-1212Tel: 860) 275-0100Fax: 860) 275-0343Email: eaalquist@ daypitney comEmail: [email protected]

Cecilia Zhang StiberOne Canterbury GreenStamford, CT 06901Tel: 203) 977-7344Fax: 203) 977-7301Email: [email protected]

ttorneys or Complainants

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VERIFIC TION OF CO MPLAINT

I, S¢ren Torp Laursen, declare, in accordance with 19 FR §§ 210.4 and 210.12(a), underpenalty of perjury that the following s t a t e m e Q t s ~ a r e~ r u e :

1 I am President, LEGO Systems, Inc., and am duly authorized to sign thisi _

complaint on behalf of the Complainants .·

2. I have read the Complaint and am aware of its contents;

3. The Complaint is not being presented for any improper purpose, such as to harass

or to cause unnecessary delay or needless increase in the cost of litigation;

4. To the best of my knowledge, informat ion and be lie f founded upon reasonable.

inquiry, t ~claims and legal contentions of this Complaint are warranted by existing law or a

good faith argument for the extension, modification, or reversal of existing law;5 The allegations and other factual contentions in the Complaint have evidentiary

support or are likely to have evidentiary support after a reasonable yportunity for further

investigation or discovery.

Executed on February 5, 2015S¢ren Torp aursen

President, LEGO Systems, Inc.

lego itc complaint

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