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Equalia, LLC v. Kushgo LLC

United States District Court, D. Nevada

January 20, 2017

EQUALIA, LLC and HOVBERBOARD TECHNOLOGIES CORPORATION, Plaintiff,
v.
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. 42).

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         Before 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.

         II. BACKGROUND

         A. Allegations & The Design Patent

         Plaintiffs 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.

         Plaintiffs 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.

         The 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, [1] among others:

1. An oblong-shaped board with rounded edges and upturned ends.
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 the wheel.
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 ...

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