United States District Court, D. Nevada
EQUALIA, LLC and HOVBERBOARD TECHNOLOGIES CORPORATION, Plaintiff,
KUSHGO LLC, et al., Defendants.
ORDER PLAINTIFF'S MOTION FOR A TEMPORARY
RESTRAINING ORDER AND PRELIMINARY INJUNCTION (ECF NO. 10);
PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (ECF NO.
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.
the Court are Plaintiffs' Motions for a Preliminary
Injunction (ECF Nos. 10, 42). The Court has reviewed the
parties' papers and heard oral argument. For the reasons
stated below, the Court grants a preliminary injunction as
described at the conclusion of this order.
Allegations & The Design Patent
Equalia, LLC, and Hoverboard Technologies Corporation filed a
Complaint on Dec. 9, 2016 against Defendants Kushgo LLC, Halo
Board LLC, Arthur Andreasyan and Shenzhen Windgoo Intelligent
Technology Co. Ltd.. ECF No. 1. (Only the first three
defendants have appeared in this case.) The complaint asserts
two counts: (1) Infringement of Plaintiff's design patent
under 35 U.S.C. § 271, and (2) Unfair and Deceptive
Trade Practices under 15 U.S.C. § 45.
filed the instant Emergency Motion for TRO and Preliminary
Injunction on Dec. 28, 2016. ECF No 10. Defendants filed a
Response on Dec. 29, 2016. ECF No. 17. The Court granted a
temporary restraining order as to the CES trade show only on
the record at the hearing on January 4, 2016, and issued its
written order on January 11, 2016. ECF Nos. 37, 43.
Plaintiffs filed a separate Motion for a Preliminary
Injunction on January 10, 2017. ECF No. 42. Equalia now seeks
a nationwide preliminary injunction barring marketing and
distribution of the allegedly infringing product. The patent
issued as United States Design Patent No. D768, 252 on
October 4, 2016, and is titled Pitch-Propelled Vehicle. Mot
for TRO, Bigler Decl. at ¶4.
patent claims the ornamental design as depicted in five
figures. The Court bases its conclusions on the images as
depicted in the patent. The Court finds that the patent
depicts the following distinct features,  among others:
1. An oblong-shaped board with rounded edges and upturned
2. A slender single wheel in the center of the board, with
two square-shaped bumper features with linear grooves on
either side of the top of the wheel on the top of the board,
and two angled plastic covers on either side of the bottom of
3. A cover or dome on top of the wheel, conforming to the
contour of the wheel.
4. A strip along the perimeter edge.
5. A thick edge, consisting of that strip, and thick planks
of material on either side, with the thick planks sloping
inward toward the strip at the edge.
6. Speakers on each end of the bottom of the board with a
cone-shaped recess in the middle of the speakers containing ...