LEGO ITC Complaint

CBI
II DAY PITNEY
LLP
BOSTON
NEW YORK
CONNECTICUT
NEW JERSEY
WASHINGTON, DC
ELIZABETH A. ALQUIST
Attorney at Law
242 Trumbull Street
Hartford, CT06103-1212
T: (860) 275-0137 F: (860) 881-2456
eaalquist@daypitney .com
February 5, 2015
VIA HAND DELIVERY

The Honorable Lisa R. Barton
Secretary
U.S. International Trade Commission
500 E Street, S.W.
Washington, DC 20436
RE:
-----------...........
OH1ce of -ih;-------Secrelary
lnt'l rradr: Comrn,ssion
Certain Toy Figurines and Toy Sets Containing the Same;

Inv. No. 337-TA-
Dear Secretary Barton:

Enclosed for filing on behalf of Complainants LEGO A/S, LEGO System A/S and LEGO
Systems, Inc. ("LEGO" or "Complainants") against the proposed 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") are documents
in support of LEGO's request that the Commission commence an investigation pursuant to
Section 337 of the Tariff Act of 1930, as amended. A request for confidential treat~ent of
Confidential Exhibits 36 and 37 is included with this letter.
Accordingly, Complainants submit the following documents for filing:
1. An original and eight (8) paper copies of the verified Non-Confidential Complaint and
the Public Interest Statement, one (1) CD of the accompanying Non-Confidential
exhibits, one (1) CD with Confidential Exhibits 36 and 37, and one (1) CD with public
versions of 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 Public
Interest Statement and three (3) CDs ofthe Non-Confidential exhibits, one (1) of each for
service upon each of the Proposed Respondents. (19 CFR 210.8(a)(l)(iii) and
210.11(a).)
II DAY PITNEY
LLP
February 5, 2015
Page 2
3. Three (3) CDs of Confidential Exhibits 36 and 37 and three (3) CDs with public versions
of Confidential Exhibits 36 and 37, one (1) of each for service upon each ofthe Proposed
Respondents. (19 CFR 210.8(a)(l)(iii) and 210.11(a).)
4. One (1) additional paper copy of the verified Non-Confidential Complaint for service
upon the Embassy of Canada (19 CFR 210.8(a)(1)(iv) and 210.11(a)(1)(ii).)
5. Certified copies of 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 in
the Complaint as Exhibits 9-12. (19 CFR 210.8(a)(1)(iii) and 210.12(a)(9)(ii).)
7. Certified copies of the prosecution histories of the '367, '432, '568, and '413 patents
included in the Complaint as Appendices 1-4 to the Complaint, and three (3) additional
copies 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 in
the each of the prosecution histories of the '367, '432, '568, and '413 patents, included
in 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 '291
Registration"), VA1-876-279 ("the '279 Registration"), VA 1-876-378 ("the '378
Registration") and VA 1-876-373 ("the '373 Registration''), included in: the Complaint as
Exhibits 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. 1.
b. A sample LEGO Friends Sunshine Ranch, included in the Complaint as Physical
Exhibit No. 2.
c. 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 Complaint
as Physical Exhibit No. 6.
g. A sample MEGA Brands Infringing Figurine, included in the Complaint as Physical
Exhibit No. 7.
II DAY PITNEY
LLP
February 5, 2015
Page 3
h. A sample Best-Lock Fairy Tale High Little Mermaid, included in the Complaint as
Physical Exhibit 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 of the business information contained in Confidential
Exhibits 36-37. A certification is provided below pursuant to 19 C.F.R. 201.06 and 210.5
requesting confidential treatment of Confidential Exhibits 36-37.
The information for which confidential treatment is sought is proprietary commercial
information nqt otherwise publicly available. Specifically Confidential Exhibits 36-37 are
declarations that discuss proprietary and confidential business information regarding LEGO' s
investments in the domestic industry.
The information described above qualifies as confidential business information pursuant
to Commission Rule 201.6 because:
a. it is not available to the public;
b. unauthorized disclosure of such information could cause substantial harm to the
competitive position of LEGO; and
c. 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 if you have any questions.
Respectfully submitted,
Elizabeth A. Alquist
UNITED STATES INTERNATIONAL TRADE COMJ.\tliSSION

WASHINGTON, DC
.,
~;,
'I
IN THE MATTER OF
CERTAIN TOY FIGURINES ANDTOY

SETS 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
States.
s~e
from entry into the United
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
production of like or directly competitive articles m the United States, or United States
consumers.
I.
HOW THE ARTICLES POTENTIALLY SUBJECT TO THE REMEDIAL

ORDERS ARE USED IN THE UNITED STATES
i
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 as toys and figurines or parts in a
variety of toy s~ts.
II.
IDENTIFY ANY PUBLIC HEALTH, SAFETY, OR WELFARE CONCERNS

RELATING 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-TA182/188, 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.
-2-
III.
IDENTIFY LIKE OR DIRECTLY COMPETITIVE ARTICLES THAT

COMPLANANTS, THEIR LICENSEES, OR THIRD PARTIES MAKE
WHICH COULD REPLACE T~ SUBJECT ARTICLE IF THEY WERE TO
BE EXCLUDED
' '
Non-infringing toy figurines and
s~ts
that are like or directly competitive with the
accused products are LEGO 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 \\1HETHER COl\1PLAINANTS, COl\1PLAINANTS' LICENSEES,

AND/OR THIRD PARTY SUPPLIERS HAVE THE CAPACITY TO
REPLACE THE VOLUME OF ARTICLES SUBJECTTO THE REQl.JESTED
REMEDIAL ORDERS IN A COMl\1ERCIALLY 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.
-3-
V.
STATE HOW THE REQUESTED REl\tiEDIAL ORDER WOULD IMPACT

CONSUMERS
U.S. consumers will have availablertq; them; in the United States marketplace a wide
variety of miniature character toy figurines and toy sets, including genuine LEGO branded
I.
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 of these commercial alternatives to the accused products, the
exclusion of 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.
-4-
Dated: February 5, 2015

By; :
t2;......---
DAY PITNEY LLP
Er~c TeV elde
242 Trumbull Street
Hartford, CT 06103-1212
Tel: (860) 275-0100
Fax: (860) 275-0343
Email: eaalguist@daypitney.com
Email: etevelde@daypitney.com
Cecilia Zhang Stiber
One Canterbury Green
Stamford, CT 06901
. Tel: (203) 977-7344
Fax: (203) 977-7301
Email: cstiber@daypitney.com
Attorneys for Complainants
-5-
UNITED STATES INTERNATIONAL TRADE COMMISSION

WASHINGTON, DC
IN THE MATTER OF
CERTAIN TOY FIGURINES AND TOY

SETS CONTAINING THE SAME
INVESTIGATION NO.
337-TA-_ __
COMPLAINT UNDER SECTION 337

OF THE TARIFF ACT OF 1930, AS AMENDED
COMPLAINANTS
PROPOSED RESPONDENTS
LEGOA/S
Aastvej 1
DK-7190
Billund, Denmark
Phone: 45-79-50-60-70
LaRose Industries LLC d/b/a CRA-Z-ART

1578 Sussex Turnpike
Randolph, NJ 07869
LEGO System A/S

Aastvej 1
DK~7190
Billund, Denmark
Phone: 45-79-50-60-70
LEGO Systems, Inc.
555 Taylor Road
Enfield, CT 06082
Phone: 800-838-9647
COUNSEL FOR COMPLAINANTS
Eric TeVelde
Day Pitney LLP
242 Trumbull Street
Tel: (860) 275-0100
Fax: (860) 275-0343
Email: eaalquist@daypitney.com
MEGA Brands Inc.

4505 Hickmore
Montreal, Quebec, Canada H4T 1K4
Best-Lock Construction Toys, Inc.
Suite 300, Rivergate Plaza
444 Brickell Avenue
Miami, Florida 33131
:
'

Day Pitney LLP
Stamford, CT 06901
Tel: (203) 977-7344
Fax: (203) 977-7301
TABLE OF CONTENTS
'I
.
I.
II.
III.
INTRODUCTION.............................................................................................................. l
A.
ComplainantS ............... ,. ........ :, ................................................................................ 3
B.
Proposed Respondents ............................................................................................. 6
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
THE ASSERTED PATENTS .......................................................................................... 16

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

A.
B.
V.
'I
The Asserted Copyrights ......................................................................................... 21

(1)
The '291 Registration ........................~ ............................. :......................... 21
(2)
The '279 Registration .................. ,......................................................~ ...... 21
(3)
The '378 Registration ................................ ~ ............................................... 22
(4)
The '373 Registration ................................................................................ 23
License to the Asserted Copyrights ....................................................................... 23
UNLAWFUL AND UNFAIR ACTS OF THE PROPOSED RESPONDENTS ......... 23

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

( 1)
Infringement of one or more claimed designs of the Asserted

Patents ........................................................................................................ 24
(2)
Infringement of the Asserted Copyrights ................................................... 27
Proposed Respondent MEGA Brands .................................................................... 31

( 1)

Patents ........................................................................................................ 31
(2)
Infringement of the Asserted Copyrights ................................................... 35

-1-
C.
Proposed Respondent Best-Lock ........................................................................... 39

(1)
(2)

Patents
........................................................................................................ 39
.
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 .............................................................................................. 46
B.
The Technical Prong .............................................................................................. 48
IX.
RELATED LITIGATION............................................................................................... 48
X.
REQU~ST
FOR RELIEF ...............................................................................................49
-11-
EXHIBITS LIST
Exhibit Number
Exhibit No. 1
Exhibit No. 2
Exhibit No. 3
Exhibit No.4
Exhibit No.5
Exhibit No.6
Exhibit No.7
Exhibit No. 8
Exhibit No. 9
Exhibit No. 10
Exhibit No. 11
Exhibit No. 12
Exhibit No. 13
Exhibit No. 14
Exhibit No. 15
Exhibit No. 16
Exhibit No. 17
Exhibit No. 18
Exhibit No. 19
Exhibit No. 20
Exhibit No. 21
Exhibit No. 22
Exhibit No. 23
I
i
i
I
'
Exhibit No.
Exhibit No.
Exhibit No.
Exhibit No.
Exhibit No.
Exhibit No.
Exhibit No.
Exhibit No.
24
25
26
27
28
29
30
31
Description
Certified Copy of U.S. Design Patent No. D682,367 ("the '367 Patent")
Certified Copy_ of U.S. Copyright Registration No. 1-876-291
Certified Copy of U.S. Copyright Registration No. 1-876-279
Certified Copy of the Assignment of the '367 Patent
Claim Chart Demonstrating LaRose's Infringement of the claimed design
of the '367 Patent
of the '432 Patent
of the '568 Patent
Claim Chart Demonstrating MEGA Brands' Infringement of the claimed
design of the '367 Patent
Claim Chart Demonstrating MEGA B~ands' Infringement of the claimed
Claim Chart Demonstrating Best-Lock's Infringement of the claimed
Photographs and Receipts from Purchase of the LaRose Infringing
Products
Photographs and Receipts from Purchase of the MEGA Brands Infringing
Products
Photographs and Receipts from Purchase of the Best-Lock Infringing
Products
Claim Chart Applying the '367 Patent to the LEGO<lll Friends figurines
Claim Chart Applying the '432 Patent to the LEGO Friends figurines
Claim Chart A_p_p!ying_ the '568 Patent to the LEGO Friends figurines
Claim Chart Applying the '413 Patent to the LEGO Friends figurines
LEGO Press Releases
Business Information for Respondent LaRose Industries LLC
Business Information for Respondent MEGA Brands Inc.
Business Information for Respondent Best-Lock Construction Toys, Inc.
-111-
Exhibit Number
Exhibit No. 32
Exhibit No. 33
Exhibit No. 34
Exhibit No. 35
Exhibit No. 36
Exhibit No. 37
Description
Foreign counterparts for U.S. Pat. No. D682,367
List of Licensees under the Asserted Patents and Copyrights
(Confidenth1l) ''
Declaration of Spren Torp Laursen
(Confidential)
-IV-
PHYSICAL EXHIBIT LIST

Physical Exhibit Number
Phyical Exhibit No. 1
Phyical Exhibit No.6
Phyical E~hibit No.7
Description
LEGO Friend~ Heartlake Shopping Mall [Including LEGO
Friends figurines]
LEGO Friends Sunshine Ranch [Including Example of LEGO
Friends figurine for U.S. Pat. No. D672,413]
Example of LEGO Friends figurine
LaRose LITE BRIX Sunset Mall [Including LaRose Infringing
Figurines]
Example of LaRose Infringing Figurine
MEGA Brands My Life As Blue Ribbon Ranch [Including MEGA
Brands Infringing Figurines]
Example of MEGA Brands Infringing Figurine
Best-Lock Fairy Tale High Little Mermaid [Including Example of
Best-Lock Infringing Figurine]
-v-
APPENDICES
Appendix Number
Appendix No. 1
Appendix No. 2
Appendix No. 3
Appendix No.4
Appendix No. 5
Appendix No. 6
Appendix No.7
Appendix,.No. 8
Description
Certified Copy of the ptosecution history of the '367 Patent
Certified Copy of the prosecution history of the '432 Patent
Certified Copy ofthe prosecution history of the '568 Patent
Certified Copy of the prosecution history of the '413 Patent
Patent and Technical References in Prosecution History of Application
Leading to the Issuance of the '367 Patent
Leadingto the Issuance of the '432 Patent
-Vl-
I.
INTRODUCTION
This Complaint is filed by LE60 A/S,'>'LEGO System A/Sand LEGO Systems,
1.
Inc. (collectively, "LEGO" or "Complainants"), pursuant to Section 337 of the Tariff Act of
,
1930, as amended, 19 U.S.C. 1337 ("Section 337"), against the proposed Respondents LaRose
Industries LLC d/b/a CRA-Z-ART ("LaRose"), .MEGA Brands Inc. ("MEGA Brands") and BestLock Construction Toys, Inc. ("Best-Lock") (collectively, the "Proposed Respondents"). LEGO
respectfully reguests that the United States International Trade Commission (the "Commission")
institute an investigation relating to 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
certain toy figurines and toy sets containing the same.
2.
The Proposed Respondents have engaged in unfair acts in violation of Section
337(a)(l)(A) through and in connection with the unlicensed importation into the United States,
sale for importation, and/or sale within the United States after importation of the Proposed
Respondent's figurines and toy sets containing the same, that infringe one or more of the
following U.S. design patents owned by LEGO (collectively, "the Asserted Patents"):
3.
D682,367 ("the '367 Patent") (Exhibit No. 1).
D672,413 ("the '413 Patent") (Exhibit No.4)

The Proposed Respondents have engaged in unfair acts in violation of Section
337(a)(l)(B) through and in connection with the unlicensed importation into the United States,
sale for importation, and/or sale within the United States after importation of the Proposed
Respondents' figurines and toy sets containing the same, that also infringe one or more of the
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 th~ 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'
-2-
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
..r.
\'
..,'
domestic industry relating to the Asserted Patents and Copyrights.

A. Complainants
6.
LEGO NS and LEGO System NS 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." See Exhibit No. 28; Confidential Exhibit No. 37.
-3-
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 of
the LEGO Friends figurines, studies indicated that only nine percent (9%) of LEGO households
reported that the primary user of a LEGO product was a girl. To make LEGO play more
interesting for some girls, in 2007 LEGO embarked on four years' worth of 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 of research and design of the new
product line, with a particular emphasis on the figurine's design. See 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
of inspiring more girls to try their hand at building and experience the pride of accomplishment
that LEGO play fosters. See Exhibit No. 28; Confidential Exhibit No. 37.
12.
LEGO Friends figurines launched in the United States in January, 2012 and was
one of the most significant strategic launches in a decade. LEGO launched a full line of 23
different products backed by a $40 million global marketing push. See Exhibit No. 28;
-4-
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.
See 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. See Exhibit No. 28;

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. See Confidential Exhibit No. 37.
-5-
LEGO NS, the parent company, owns the Asserted Patents and Copyrights and
16.
licenses them to LEGO System NS for production. In tum, LEGO System NS licenses the
,..
Asserted Patents and Copyrights to LEGO Syst~ms, Inc. 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. See Exhibit 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. See Exhibit 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, BestLock is the supplier of "Fairy Tale High" toy products. See Exhibit 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
-6-
design and build their own Heartlake City play scenarios, such as Heartlake Shopping Mall and
Sunshine Ranch.
LEGO Friends Heartlake Shopping. Mall
'
LEGO Friends Sunshine Ranch
-7-
21.
Each LEGO 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 ~lbows, straight legs, and inverted feet with rounded
front edge and smaller sole outfitted with a nimltitude of shoe styles.
Emma: A Representative LEGO 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.
-8-
Ava: A Representative LaRose Infringing Figurine
23.
LaRose Infringing Figurines are strikingly and substantially similar to the
Asserted Copyrights, and infringe claims of one or more of the Asserted Patents that are
embodied in the LEGO Friends figurines. In fact, the torso, head, arms, legs, and feet of
LaRose Infringing Figurines all have nearly exact dimension and proportions as those respective
parts of the Asserted Copyrights and the corresponding claims of one or more of the Asserted
Patents.
-9-
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.
-10-
A Representative MEGA Brands Infringing Figurine
26.
MEGA Brands Infringing Figurines are strikingly and substantially similar to the
embodied in the LEGO Friends figurines. In fact, the torso, head, arms, legs, and feet of
MEGA Brands Infringing Figurines all have nearly exact dimension and proportions as those
respective parts of the Asserted Copyrights and the corresponding claims of one or more of the
Asserted Patents.
-11-
"'.
Comparison of LEGO Friends figurines and MEGA Brands Infringing Figurines
27.
A representative photo below shows a toy
s~t
imported and/or sold after
importation within the United States by MEGA Brands featuring MEGA Brands Infringing
Figurines.
-12-
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 as
Best-Lock Fairy Tale High figurines.
-13-
"Little Mermaid": A Representative Best-Lock Infringing Figurine
29.
Best-Lock Infringing Figurines are strikingly and substantially similar to the
embodied in the LEGO Friends figurines. In fact, the torso, head, arms, legs, and feet of BestLock Infringing Figurines all have nearly exact dimension and proportions as those respec'tive
parts of the Asserted Copyrights and the corresponding claims of one or more of the Asserted
Patents.
-14-
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

-15-
III.
THE ASSERTED PATENTS

The Asserted Patents protect the ~ornamental features of LEGO' s unique toy
31.
figurine designs. LEGO owns by assignment the entire right, title, and interest in each of the
Asserted Patents. Complainants' products each practice one or more of the Asserted Patents, as
described below in Section VIII.B.
A. The Asserted Patents' Prosecution History and Non-Technical Description ,

(1) 1he '367 Patent
32.
The '367 Patent is entitled "Female Toy Figure," issued to Pia Pilgaard et al. on
May 14, 2013, from U.S. Design Patent Application Serial No. 29/409,613, filed December 27,
2011. The '367 Patent has one (1) claim. A certified copy of the '367 Patent is attached to the
Complaint as Exhibit No. 1.
FIG.1
Figure 1 of the '367 Patent

33.
LEGO became the owner of the '367 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.9.
-16-
34.
Together with this Complaint, LEGO has filed a certified copy and three (3)
additional copies of the prosecution history of the '367 Patent as Appendix No. 1. LEGO has
also filed four (4) copies of each patent ar{d technical reference identified in the prosecution
history of the application leading to the issuance of 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 of 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 of the '432 Patent is
attached to the Complaint as Exhibit No. 2.
FIG.1
The text of this Complaint and the sections providing non-technical descriptions of the Asserted
Patents are not intended to construe either the specification or the claims of the Asserted Patents.
-17-
37.
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
FIG.1
-18-
41.
Exhibit No. 11.

42.
Together with this Complaint,' LEGO has filed a certified copy and three (3)
history of the application leading to the issuance ofthe '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
FIG. 1

-19-
45.
Exhibit No. 12.
46.
Together with this Complainti LEGO has filed a certified copy and three (3)
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.
49.
applications pending, filed, abandoned, withdrawn or rejected relating to the '432 Patent. ;
50.
51.
-20-
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 as Exhibit No.5.
VA 1-876-291: Figure with Capri Pants (FRONT and REAR)

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.
-21-
VA 1-876-279: Figure with Rolled Shorts (FRONT and REAR)

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 as Exhibit No.7.
VA 1-876-378: Figure with Skirt (FRONT and REAR)
-22-

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 Confidential 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. See Exhibit No. 28; Confidential 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. See Exhibit No.
-23-
28; Confidential Exhibit No. 37. In addition to numerous industry awards, LEGO Friends
products have experienced widespread commercial success. Since launch, LEGO has sold
.;;.
millions of LEGO Friends products world wid~ and' has continued to experience double digit
growth annually, despite a North American decrease in toy sales. See Exhibit No. 28;
Confidential Exhibit No. 37. As such, the Proposed Respondents are attempting to capitalize
on LEGO' s extensive research, product development and success.
59.
Moreover, LEGO Friends products are consistently sold in the same retail outlets
t
as products offered for sale by the Proposed Respondents, very frequently on the same or
adjacent shelves. These retail outlets include such stores as Toys "R" Us and Walmart. See
A. Proposed Respondent LaRose
(1) Infringement of one or more claimed designs of the Asserted Patents
60.
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 Patents. See Exhibit
No. 21 and Physical Exhibit Nos. 4 & 5.
61.
The LaRose 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 LaRose's infringing products are substantially the same as the designs
embodied in one or more of the Asserted Patents, and the resemblance is such as to deceive such
an observer, inducing the observer to purchase LaRose's infringing products supposing them to
be the claimed designs of one or more of the Asserted Patents.
-24-
62.
Review of the LaRose Infringing Figurine and toy sets containing the same
demonstrates that the products literally infringes the '367 Patent. See Exhibit No. 21 and
Physical Exhibit 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.
Re~iew
of a LaRose Infringing Figurine and toy s~ts containing the same
demonstrates that the products literally infringes the '432 Patent. See Exhibit No. 21 and ..
Physical Exhibit 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.
-25-
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
Physical Exhibit 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 Infringing Figurine (HEAD)
-26-
(2) Infringement of the Asserted Copyrights
65.
On information and belief, LaRose imports into the United States and/or sells
and toy sets containing the same that infringe one or more of the Asserted Copyrights. See
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 ofthe LaRose 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." See Exhibit Nos. 5 & 21 and Physical Exhibit Nos. 4 & 5.
-27-
VA 1-876-291: Figure with Capri Pants and LaRose Infringing Figurine

68.
entitled "Figure with Rolled Shorts." See Exhibit Nos. 6 & 21 and Physical Exhibit Nos. 4 &
5.
-28-
'.
VA 1-876-279: Figure with Rolled Shorts and LaRose Infringing Figurine

69.
demonstrates that the products are strikingly and substantially similar to the '378 Registration is
entitled "Figure with Skirt." Exhibit Nos. 7 & 21 and Physical Exhibit Nos. 4 & 5.
-29-
'
\.
VA 1-876-378: Figure with Skirt and LaRose Infringing Figurine

70.
entitled "Figure with Tiered Skirt." Exhibit Nos. 8 & 21 and Physical Exhibit Nos. 4 & 5.
-30-
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 as well as the Asserted Patents.

72.
LEGO had no agreement of any kind with LaRose that would authorize LaRose's
reproductions of the Asserted Copyrights or Patents, or the importation and/or sale after
importation of the infringing products.
B. Proposed Respondent MEGA Brands
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 of the Asserted Patents. See
Exhibit No. 22 and Physical Exhibit Nos. 6 & 7.
74.
MEGA Brands' products infringe one or more claimed designs of the Asserted
gives, the designs of these MEGA Brands' infringing products are substantially the same as the
-31-
designs embodied in one or more of the Asserted Patents, and the resemblance is such as to
deceive such an observer, inducing the observer to purchase MEGA Brands' infringing products
,....:
supposing them to be the claimed designs of o~e or more of the Asserted Patents.
75.
Review of 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 as Exhibit No. 16.
FIG.2
Figure 2 of the '367 Patent vs. MEGA Brands Infringing Figurine (TORSO)
76.
Review of the MEGA Brands Infringing Figurine and toy sets containing the
Brands' infringing product and demonstrating similarity is attached as Exhibit No. 17.
-32-
>
FIG. 2
Figure 2 of the '432 Patent vs. MEGA Brands Infringing Figurine (SKIRT)
77.
-33-
(:
FIG.2
Figure 2 of the '413 Patent vs. MEGA Brands Infringing Figurine (PANTS)
78.
Review of a MEGA Brands Infringing Figurine and toy sets containing the same
FIG.2
Figure 2 of the '568 Patent vs. LaRose Infringing Figurine (HEAD)
-34-
79.
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 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.
'
same demonstr~tes that the products are strikingly and substantially similar to the '291
Registration, entitled "Figure with Capri Pants." See Exhibit Nos. 5 & 22 and Physical Exhibit
Nos. 6 & 7.
-35-
VA 1-876-291: Figure with Capri Pants and MEGA Brands Infringing Figurine
82.
same demonstrates that the products are strikingly and substantially similar to the '279
Registration, entitled "Figure with Rolled Shorts." See Exhibit Nos. 6 & 22 and Physical
Exhibit Nos. 6 & 7.
-36-
VA 1-876-279: Figure with Rolled Shorts and MEGA Brands Infringing Figurine
83.
Registration is entitled "Figure with Skirt." See Exhibit Nos. 7 & 22 and Physical Exhibit Nos.
6&7.
-37-
VA 1-876-378: Figure with Skirt and :MEGA Brands Infringing Figurine

84.
Registration is entitled "Figure with Tiered Skirt." See Exhibit Nos. 8 & 22 and Physical
Exhibit Nos. 6 & 7.
-38-
VA 1-876-373: Figure with Tiered Skirt and LaRose Infringing Figurine

85.
MEGA Brands' infringing products are unauthorized reproductions of the
Asserted Copyrights as well as the Asserted Patents.

86.
LEGO had no agreement of any kind with MEGA Brands that would authorize
MEGA Brands' reproductions of the Asserted Copyrights or the importation and/or sale after
C. Proposed Respondent Best-Lock

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 more of the Asserted Patents. See Exhibit
No. 23 and Physical Exhibit No. 8.

88.
The Best-Lock's products infringe one or more claimed designs of the Asserted
gives, the designs of these Best-Lock's infringing products are substantially the same as the
-39-
designs embodied in one or more of 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 design~ of one or' more of the Asserted Patents.
89.
Review of a Best-Lock Infringing Figurine and toy sets containing the same
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)
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 of 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.
-40-
92.
Review of the Best-Lock Infringing Figurine and toy sets containing the same
'
'/
entitled "Figure with Capri Pants." See Exhibit. Nos. 5 & 23 and Physical Exhibit No. 8.
''
VA 1-876-291: Figure with Capri Pants and Best-Lock Infringing Figurine
-41-
93.
Review of the Best-Lock fufringing Figurine and toy sets containing the same
entitled "Figure with Rolled Shorts." See Exhil)it Nos. 6 & 23 and Physical Exhibit No. 8.
VA 1-876-279: Figure with Rolled Shorts and Best-Lock Infringing Figurine
-42-
94.
entitled "Figure with Skirt." See Exhibit Nos. 7 & 23 and Physical Exhibit No. 8.
VA 1-876-378: Figure with Skirt and Best-Lock Infringing Figurine
-43-
95.
~
entitled "Figure with Tiered Skirt." See Exhibit 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 as well as the Asserted Patents.

-44-
97.
LEGO had no agreement of any kind with Best-Lock that would authorize Best-
Lock's reproductions of the Asserted Copyrights or Patents, or the importation and/or sale after
VI.
SPECIFIC ACTS OF UNFAIR;;IMPORTATION AND SALE

98.
On information and belief, Proposed Respondents import and will continue to
import and/or sell after importation 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." See Exhibit No. 21 and Physical Exhibit Nos. 4 & 5.
101.
On information and belief, MEGA Brands 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 My Life As figurines and toy sets containing th{;
same, which are marked "Made in Canada." See 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." See Exhibit No. 23 and Physical Exhibit No.8.
-45-
VII.
HARMONIZED TARIFF SCHEDULE INFORMATION
103.
The articles subject to this Complaint are classifiable under at least the following
t-'
"
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. THE 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.
An 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.
-46-
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 exists~ 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, as well as 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
-47-
domestic industry as required and defined by 19 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 LEGOFriends 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.
114.
A chart applying the design claimed in the '367 Patent to the LEGOFriends
figurines and demonstrating its substantial similarity is attached as Exhibit No. 24.
115.
116.
117.
IX.
RELATED LITIGATION
118.
The Asserted Patents and Asserted Copyrights are the subject of a lawsuit filed on
March 20, 2014, by LEGO NS against the Respondent in the United States District Court for the
District of Connecticut, styled as LEGO AIS v. LaRose Industries LLC 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
-48-
responded on January 14, 2015. On January 6, 2015, the parties participated in a telephonic
status conference with the Court.
'I
119.
There have not been any other court or agency actions involving the Asserted
Patents or the Asserted Copyrights.
X.
REQUEST FOR RELIEF

WHEREFORE, LEGO respectfully requests that the United States International
Trade Commission:
.,
1.
Institute an immediate investigation pursuant to Section 337(b)(1) of the Tariff
Act of 1930, as amended, 19 U.S.C. 1337, into the violation by-Proposed Respondents of
Section 337 arising from the importation into the United States and/or sale within the United
States after the importation of Proposed Respondents' products that infringe the Asserted Patents
and/or the Asserted Copyrights;
2.
Schedule and conduct a hearing pursuant to Section 337(c), for purposes of
receiving evidence and hearing argument concerning whether there has been a violation of
Section 337 and, following the hearing, determine that therehas been a violation of Section 337;
3.
Issue a permanent general exclusion order pursuant to 19 U.S.C. 1337 (d)"'
forbidding entry into the United States of products that infringe one or more of the Asserted
Patents and/or the Asserted Copyrights
4.
In the event a permanent general exclusion order is not issued, issue a permanent
limited exclusion order pursuant to 19 U.S.C. 1337 (d) forbidding entry into the United States
of Proposed Respondents' products that infringe one or more of the Asserted Patents and/or the
Asserted Copyrights;
-49-
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 ~y ~~~by Proposed 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 relief as it deems appropriate under the law, based
l
upon the facts complained of herein and as determined by the investigation.
-50-
Dated: February 5, 2015

:~:- /
-
B )\: ----==c..=
.~--=------.
DAY PITNEY LLP
Eric TeVelde
242 Trumbull Street
Tel: (860) 275-0100
Fax: (860) 275-0343
Email: eaalquist@ daypitney .com

Stamford, CT 06901
Tel: (203) 977-7344
Fax: (203) 977-7301
Attorneys for Complainants
-51-
VERIFICATION OF CO:MPLAINT
I, Sren Torp Laursen, declare, in accordance with 19 CFR 210.4 and 210.12(a), under
penalty of perjury that the following stateme.Qts~are ~rue:
1.
I am President, LEGO Systems, Inc., and am duly authorized to sign this

i
/_
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, information and belief founded upon reasonable
.,
inquiry, th~ 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
1
investigation or discovery.
Executed on February 5, 2015

Sren Torp aursen
President, LEGO Systems, Inc.
-52-

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CBI

VIA HAND DELIVERY

lnt'l rradr: Comrn,ssion

Certain Toy Figurines and Toy Sets Containing the Same;

Dear Secretary Barton:

UNITED STATES INTERNATIONAL TRADE COMJ.\tliSSION

CERTAIN TOY FIGURINES ANDTOY

STATE:MENT REGARDING THE PUBLIC INTEREST

from entry into the United

HOW THE ARTICLES POTENTIALLY SUBJECT TO THE REMEDIAL

IDENTIFY ANY PUBLIC HEALTH, SAFETY, OR WELFARE CONCERNS

IDENTIFY LIKE OR DIRECTLY COMPETITIVE ARTICLES THAT

Non-infringing toy figurines and

that are like or directly competitive with the

LEGO has the capacity to meet the market

INDICATE \\1HETHER COl\1PLAINANTS, COl\1PLAINANTS' LICENSEES,

STATE HOW THE REQUESTED REl\tiEDIAL ORDER WOULD IMPACT

Dated: February 5, 2015

DAY PITNEY LLP

Attorneys for Complainants

UNITED STATES INTERNATIONAL TRADE COMMISSION

CERTAIN TOY FIGURINES AND TOY

COMPLAINT UNDER SECTION 337

LaRose Industries LLC d/b/a CRA-Z-ART

LEGO System A/S

MEGA Brands Inc.

Cecilia Zhang Stiber

ComplainantS ............... ,. ........ :, ................................................................................ 3

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

TECHNOLOGY AND PRODUCTS-AT-ISSUE ............................................................ 6

LEGO' s Products ..................................................................................................... 6

Proposed Respondent LaRose's Products ................................................................ 8

Proposed Respondent MEGA Brands' Products ................................................... 10

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

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

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

The '367 Patent .......................................................................................... 16

The '432 Patent .......................................................................................... 17

The '568 Patent .......................................................................................... 18

The '413 Patent .......................................................................................... 19

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

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

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

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

The '291 Registration ........................~ ............................. :......................... 21

The '279 Registration .................. ,......................................................~ ...... 21

The '378 Registration ................................ ~ ............................................... 22

The '373 Registration ................................................................................ 23

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

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

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

Infringement of one or more claimed designs of the Asserted

Infringement of the Asserted Copyrights ................................................... 27

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

Infringement of one or more claimed designs of the Asserted

Infringement of the Asserted Copyrights ................................................... 35

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

Infringement of one or more claimed designs of the Asserted

Infringement of the Aisefted C6pyrights .................................................. .40