Quan v. Ty - Complaint

Case: 1:17-cv-05683 Document #: 1 Filed: 08/03/17 Page 1 of 16 PageID #:1
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
Shanlian Quan and Kwan Joong Kim, )

)
Plaintiffs, )
) Case No. 1:17-cv-5683
v. )
)
Ty, Inc., Plainfield, IL, and H TY Warner )
)
at 280 CHESTNUT ST, WESTMONT, 60559, IL. )
)
Defendants. )
COMPLAINT
Plaintiffs Shanlian Quan and Kwan Joong Kim, by and through their attorney,
Sang Lee, for their Complaint against the Defendants Ty, Inc. and H TY WARNER
allege as follows:
NATURE OF ACTION
1. This is an action against Ty, Inc. and other defendants for copyright
infringement and patent infringement under the law of the United States and of the
State of Illinois. By this action, Shanlian Quan and Kwan Joong Kim seek, inter alia,
declaratory relief, compensatory damages, punitive damages, exemplary damages,
restitution payment and attorney’s fees and costs.
THE PARTIES
2. Shanlian Quan (“Quan”) is and individual with a principal place of

residence at Guang dong province Dong guan city Chashan town Lijiang Hua Yuan
8Dong 5A China.
3. Kwan Joong Kim (“Kim”) is and individual with a principal place of

residence at RM1 11/F JADE COMM HSE 559-561, AUSTIN W LKN HK.
4. Upon information and belief, Defendant Ty, Inc. (“Ty”) is an Illinois

corporation with its principal place of business at 280 CHESTNUT ST,
WESTMONT, 60559, IL.
5. Upon information and belief, Defendant H TY WARNER is an Illinois

resident with its principal place of residence at 280 CHESTNUT ST,
WESTMONT, 60559, IL.
6. Quan and Kim are collectively referred to as “Plaintiffs” and Ty and

Others henceforth are collectively referred to as “Defendants”.
JURISDICTION AND VENUE
7. This Court has original subject matter jurisdiction over this case for
copyright infringement under 28 U.S.C. §§ 1331 and 1338(a), and supplemental
jurisdiction over Plaintiffs’ claims arising under state law under 28 U.S.C. § 1367.
8. This Court also has original subject matter jurisdiction pursuant to the
patent laws of the United States, Title 35 of the United States Code. This Court has
exclusive subject matter jurisdiction over this case for patent infringement under 28
U.S.C. §§ 1331 and 1338(a), and supplemental jurisdiction over Plaintiffs’ claims
arising under state law under 28 U.S.C. § 1367.
9. Venue is proper in this District by virtue of 28 U.S.C. § 1391 (b) and
2
(c) because the events giving rise to the claims have occurred and are occurring in
this District and because Defendants are subject to personal jurisdiction in this
District.
10. An actual case or controversy has arisen between the parties.
11. Plaintiffs have been injured by Defendants’ conduct and have suffered
damages resulting therefrom.
BACKGROUND AND FACTUAL AVERMENTS COMMON TO ALL

COUNTS
12. Quan designs plush toys in China and Quan assigned the distribution
or sale rights of her plush toys to Kim and his company, Creatail HK Limited.
13. Defendants have visited Plaintiffs’ showrooms several times.
14. Kim and his company, Creatail HK Limited, have showed samples to
Defendants in person in the showroom, Kim and his company, Creatail HK Limited,
have sent pictures of the samples in emails to Defendants and Kim and his company,
Creatail HK Limited, have delivered sample plush toys to Defendants.
15. Kim and his company, Creatail HK Limited, received purchase orders from
Defendants in email and Kim with his associates and his contactors have manufactured and
delivered plush toys for sale to Defendants for sale in the U.S.A. until 2015.
16. Upon information and belief, Defendants are also marketers, distributors
and sellers of plush toys in the U.S. and in other countries.
3
17. Defendants have paid for some of the outstanding invoices, but have
refused to pay for other outstanding invoices and asked for the cheaper prices.
18. After receiving request for cheaper plush toys from Ty, Quan has set up a
manufacturing factory in China in 2015.
19. Upon information and belief, Defendants cancelled the pending orders with
Kim in 2015 without any compensation and without any explanation for the reasons.
20. Defendants bought cheaper counterfeit items of Quan from other
manufacturers in China. Some counterfeit items have been seized by Chinese Port
Authorities for the infringement of the copyrights and the patent rights, but other
counterfeit items have been delivered to Defendants somehow.
21. Kim and his company, Creatail HK Limited, have requested for the
payment of the outstanding invoices for two years through email and by letter, but
Defendants have refused to settle the outstanding invoices with the excuse of the
seizures of the counterfeit items by Chinese Authorities.
22. Quan is the owner of copyrights for plush toys in China as in Exhibit C and
4
Kim is the owner of the copyrights in the U.S. by the assignment from Quan, Kim’s
wife, as in Exhibit D and on information and belief, Defendants has had knowledge
and notice and their own infringement of Plaintiffs’ copyrights, since as early as in
August 2015 by virtue of the pending disputes and of the present Complaint.
23. Shanlian Quan is the owner of Patent # US D 780,854 S (The Patent) as in
Exhibit A and on information and belief, Defendants has had knowledge and notice
and their own infringement of Plaintiffs’ patent rights as in Exhibit B, since as early as
in August 2015 by virtue of the pending disputes and of the present Complaint.
24. Shanlian Quan assigned her copyrights in the U.S. to her husband, Kwan
Joong Kim as in Exhibit D and on information and belief, Defendants has had
knowledge and notice and their own infringement of Plaintiffs’ copyrights, since as
early as in August 2015 by virtue of the pending disputes and of the present Complaint.
25. Upon information and belief, Defendants have and are continuing to market
and sell or distribute the counterfeit plush toys of Quan under Ty brand name
worldwide for two years at least. Some, but not all, of the infringements are shown in
Exhibit E.
5
COUNT I
Direct Copyright Infringement
26. Plaintiffs incorporate herein by reference each and every averment contained
in paragraphs 1 through 25 inclusive.
27. Through their conduct averred herein, Defendants have infringed Plaintiffs’
copyrights in their works without authorization in violation of Sections §§ 106 et seq.
and Section 501 of the Copyright Act. 17 U.S.C. §§ 106 et seq., and 501 .
28. Each infringement by Defendants of Plaintiffs’ copyrighted works, some, but
not all, of the infringements are shown in Exhibit E, constitutes a separate and
distinct act of infringement.
29. Defendants’ acts of infringement were willful, in disregard of and with
indifference to the rights of Plaintiffs for two years at least.
30. As a direct and proximate result of the infringements by Defendants,
Plaintiffs are entitled to damages and Defendants’ profits in amounts to be
proven at trial which are not currently ascertainable.
31. Alternatively, Plaintiffs are entitled to the maximum statutory damages in the
6
amount of $150,000 with respect to each work infringed, or for such other
amounts as may be proper under 17 U.S.C. § 504.
32. Plaintiffs further are entitled to recover their attorneys’ fees and full costs
pursuant to 17 U.S.C. § 505.
33. As a direct and proximate result of the foregoing acts and conduct, Plaintiffs
have sustained and will continue to sustain substantial, immediate and
irreparable injury, for which there is no adequate remedy at law. Unless
enjoined and restrained by this Court, Defendants will continue to infringe
Plaintiffs’ rights in their copyrighted works. Plaintiffs are entitled to preliminary
and permanent injunctive relief.
COUNT II
Contributory Copyright Infringement
34. Plaintiffs incorporate herein by reference each and every averment
contained in paragraphs 1 through 33, inclusive.
35. Defendants knowingly and systematically have materially contributed to,

intentionally induced, and/or caused its distributors to infringe Plaintiffs’ copyrights in
7
their works, including by materially contributing to, intentionally inducing, and/or
causing unauthorized reproductions and distributions of plush toys without
authorization in violation of Sections 106 et seq. and Section 501 of the Copyright Act.
17 U.S.C. §§ 106 et seq., and 501. Notwithstanding such knowledge, Defendants have
failed to take simple measures, readily available to Defendants, that could prevent
further damage to Plaintiffs’ copyrighted works.
36. Each infringement by Defendants of Plaintiffs’ copyrighted works, some,
but not all, of the infringements are shown in Exhibit E, constitutes a separate and
Plaintiffs are entitled to damages and Defendants’ profits in amounts to be proven at
trial which are not currently ascertainable.
39. Alternatively, Plaintiffs are entitled to the maximum statutory damages in
the amount of $150,000 with respect to each work infringed, or for such other amounts
as may be proper under 17 U.S.C. § 504.
41. As a direct and proximate result of the foregoing acts and conduct,
Plaintiffs have sustained and will continue to sustain substantial, immediate and
irreparable injury, for which there is no adequate remedy at law. Unless enjoined and
restrained by this Court, Defendants will continue to infringe Plaintiffs’ rights in their
8
copyrighted works. Plaintiffs are entitled to preliminary and permanent injunctive
relief.
COUNT III
Vicarious Copyright Infringement

43. Defendants have the right and ability to supervise and/or control the
infringing conduct of their employees. Defendants knowingly and systematically have
materially contributed to, intentionally induced, and/or caused its employees to infringe
Plaintiffs’ copyrights in their works, including by materially contributing to,
intentionally inducing, and/or causing unauthorized reproductions and distributions of
plush toys without authorization in violation of Sections 106 et seq. and Section 501 of
the Copyright Act. 17 U.S.C. §§ 106 et seq., and 501. Notwithstanding such
knowledge, Defendants have failed to take simple measures, readily available to
Defendants, that could prevent further damage to Plaintiffs’ copyrighted works.
44. Each infringement by Defendants of Plaintiffs’ copyrighted works, some,
but not all, of the infringements are shown in Exhibit E, constitutes a separate and
9
Plaintiffs are entitled to damages and Defendants’ profits in amounts to be proven at
trial which are not currently ascertainable.
47. Alternatively, Plaintiffs are entitled to the maximum statutory damages in
the amount of $150,000 with respect to each work infringed, or for such other amounts
as may be proper under 17 U.S.C. § 504.
49. As a direct and proximate result of the foregoing acts and conduct,
Plaintiffs have sustained and will continue to sustain substantial, immediate and
irreparable injury, for which there is no adequate remedy at law. Unless enjoined and
restrained by this Court, Defendants will continue to infringe Plaintiffs’ rights in their
copyrighted works. Plaintiffs are entitled to preliminary and permanent injunctive
relief.
COUNT IV
Statutory and Common Law Misappropriation
51. Plaintiffs possess exclusive ownership interests in the Copyrighted works
under applicable statutory and common law as in Exhibit C and Exhibit D.
52. As a direct and proximate result of the infringements by Defendants, some,
but not all, of the infringements are shown in Exhibit E, Plaintiffs are entitled to
10
recover all proceeds and other compensation received or to be received arising from the
infringements of Plaintiffs’ copyrighted works. Defendants’ proceeds and other
compensation in amounts to be proven at trial which are not currently ascertainable.
53. As a direct and proximate result of Defendants’ conduct in violation of
Plaintiffs’ exclusive ownership interests in the copyrighted works, Defendants have
been unjustly enriched and Plaintiffs have been damaged in an amount to be proven at
trial which damages and/or restitution and disgorgement is appropriate. Such damages
and/or restitution and disgorgement should include a declaration by this Court that
Defendants are constructive trustees for the benefit of Plaintiffs, and an order that
Defendants convey to Plaintiffs all the gross receipts received or toe be receive that are
attributable to the infringement of the copyrighted works.
54. Through its conduct, Defendants are guilty of oppression, fraud or malice;
Plaintiffs, in addition to their actual damages, are by reason thereof entitled to recover
exemplary and punitive damages against Defendants.
have sustained and will continue to sustain substantial, immediate and irreparable
injury, for which there is no adequate remedy at law. Unless enjoined and restrained by
this Court, Defendants will continue to infringe Plaintiffs’ rights in their copyrighted
works. Plaintiffs are entitled to preliminary and permanent injunctive relief.
COUNT V
Statutory and Common Law Unfair Competition
11
57. The acts and conduct of Defendants constitute an appropriation and invasion
of the property rights of Plaintiffs in the copyrighted works, and constitute unfair
competition udder applicable statutory and common law.
58. As a direct and proximate result of the infringements by Defendants, some,
but not all, of the infringements are shown in Exhibit E, Plaintiffs are entitled to
recover all proceeds and other compensation received or to be received arising from the
infringements of Plaintiffs’ copyrighted works. Defendants’ proceeds and other
compensation in amounts to be proven at trial which are not currently ascertainable.
59. As a direct and proximate result of Defendants’ conduct in violation of
Plaintiffs’ exclusive ownership interests in the copyrighted works, Defendants have
been unjustly enriched and Plaintiffs have been damaged in an amount to be proven at
trial which damages and/or restitution and disgorgement is appropriate. Such damages
and/or restitution and disgorgement should include a declaration by this Court that
Defendants are a constructive trustee for the benefit of Plaintiffs, and an order that
Defendants convey to Plaintiffs all the gross receipts received or toe be receive that are
attributable to the infringement of the copyrighted works.
60. Through its conduct, Defendants are guilty of oppression, fraud or malice;
Plaintiffs, in addition to their actual damages, are by reason thereof entitled to recover
exemplary and punitive damages against Defendants.
have sustained and will continue to sustain substantial, immediate and irreparable
injury, for which there is no adequate remedy at law. Unless enjoined and restrained by
12
this Court, Defendants will continue to infringe Plaintiffs’ rights in their copyrighted
works. Plaintiffs are entitled to preliminary and permanent injunctive relief.
COUNT VI
Infringement of Plaintiff’s Patent
62. As its seventh ground for relief, Plaintiffs hereby allege infringement of
Plaintiffs’ Patent. Plaintiffs repeat and allege the allegations of paragraphs 1 through
61 above, as though fully set forth herein.
63. Plaintiff’s Patent in Exhibit A is valid and enforceable.
64. Defendants have infringed and continued to infringe at least claims of
Plaintiffs’ Patent in Exhibit A, either literally or under the Doctrine of Equivalents, by
producing and selling the counterfeit plush toys as in Exhibit B for two years at least.
65. On information and belief, Defendants has had knowledge and notice of
Plaintiffs’, as well as of its own infringement of Plaintiffs’ patent, since as early as in
August 2015 by virtue of the existing disputes and the present Complaint.
66. Plaintiffs have been and continued to be damaged by Defendants’
infringement of patent. On information and belief, a reasonably royalty for
infringement of the patent would be at least 10% of Defendants’ revenue resulting from
its infringing activities.
67. Defendants’ infringement of the Patent has been and continues to be willful.
68. Defendants’ infringement of the Patent renders this case exceptional within
the meaning of 35 U.S.C. § 285.
13
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs demand:
1. That defendants pay for all the profits in such amount as may be found;
alternatively, for maximum statutory damages in the amount of $150,000 with respect
to each copyrighted work infringed either directly or indirectly, or for such other
amounts as may be proper pursuant to 17 U.S.C. 504(c).
2. That defendants pay for all the profits and damages to compensate for
Defendants’ infringement of the Patent, such damages to be determined by this court at
trial and an accounting, if necessary, to compensate adequately Plaintiffs for the
infringement.
3. That defendants pay for any and all unlawful proceeds.
4. That defendants pay for an accounting and the imposition of a constructive
trust.
5. That defendants pay punitive and exemplary damages, as authorized for
Plaintiffs’ state law claims, in as such amount as may be awarded at trial.
6. That defendants, their officers, agents, servants, employees, licensees,
attorneys, successors, related companies, parent companies, distributions, salespeople,
and assigns, and all those in active or participation with them, be forthwith
preliminarily and thereafter permanently enjoined and restrained from:
a. Selling or distributing the counterfeit plush toys or any other similar toys
or designation that are confusingly similar to Plaintiffs’ toys or gives rise to a
likelihood of confusion, mistake or deception with respect to Plaintiffs’ plush toys;
14
b. Doing any other act or thing likely to induce the mistaken belief that
defendants or their services or business, are in any way approved by or affiliated,
connected or associated with Plaintiffs’ products; and
c. Unfairly competing with Plaintiffs in any manner whatsoever or causing
injury to the business reputation of Plaintiffs.
7. That defendants deliver for destruction all advertisements, brochures,
current inventory of products, and related materials that utilize Plaintiffs’ plush toys or
approximations or simulations thereof, and remove the same from any and all retail
stores worldwide and websites in their possession or control.
8. That an accounting is granted against defendants, and Plaintiffs be awarded
monetary relief in an amount to be fixed by the Court in its discretion as just, including:
a. All profits received by defendants from sales and revenues of any kind
made as a result of their unlawful actions;
b. All damages sustained by Plaintiffs as a result of defendant’s acts of
infringement and unfair competition; and
c. An order awarding Plaintiffs compensatory, consequential, punitive,
exemplary and other damages, including pre- and post-judgment interest, suffered as a
result of defendants’ violations of Illinois laws and Common laws.
9. That defendants file with the Court and serve upon Plaintiffs within thirty
(30) days after issuance of an injunction, a report in writing and under oath setting forth
in detail the manner and form in which defendants have complied with the injunction.
10. That because of the exceptional nature of this case, resulting from
defendant’s deliberate and willful infringement, this Court award Plaintiffs its
15
reasonable attorneys’ fees, costs and disbursements.
11. That Plaintiffs shall have such other and further relief as this Court may
deem just.
Dated: Chicago, IL
August 3rd, 2017
PLAINTIFFS,
Shanlian Quan and Kwan Joong Kim
By: Their Attorney

Sang Lee
Law Offices of Sang Lee
505 E Golf Road Suite F
Arlington Heights, IL 60005
(847)-357-1358 Phone
(847)-357-1359 Fax
Illinois ARDC: 6300322
Cook County #: 49332
slee000@aol.com
16
Case: 1:17-cv-05683 Document #: 1-1 Filed: 08/03/17 Page 1 of 10 PageID #:17
EXHIBIT A - PLAINTIFFS' PATENT

Exhibit BCase:
- Infringement of#: 1-2
1:17-cv-05683 Document Plaintiffs' Patent
Filed: 08/03/17 Page 1 of 1 PageID #:27
Exhibit C -Document
Case: 1:17-cv-05683 Plaintiffs' #:
Copyright
1-3 Filed:Registration Status
08/03/17 Page 1 ofin3 China
PageID #:28
Completion
TY ITEM# Name Application# App. Date Owner Picture Copyright # Ty Order Date Sample to Ty Date
Date
Reg#-2015-F- 2014-08-27 /2015-8-

36164 White Seal 201530340730.1 2015-08-27 Shanlian Quan 7/21/2014 9/24/2014
00231946 20
Reg#-2015-F-
42107 Sitting Lion 201530325757.3 2015-08-27 Shanlian Quan 7/7/2014 9/24/2014 8/22/2014
00208068
Reg#-2015-F-
42105/42106 Sitting Tiger 201530325894.7 2015-08-27 Shanlian Quan 7/7/2014 9/24/2014 8/22/2014
00208060
Reg#-2015-F-
42108/42109 Sitting Bear 201530325812.9 2015-08-27 Shanlian Quan 7/19/2014 9/24/2014 8/22/2014
00208061
Reg#-2015-F-
42110 Sitting Panda 201530325811.4 2015-08-27 Shanlian Quan 7/9/2014 9/24/2014 8/22/2014
00208062
Reg#-2015-F-
42111 Sitting Monkey 201530325779.X 2015-08-27 Shanlian Quan 7/4/2014 9/24/2014 8/22/2014
00208063
Reg#-2015-F- Reg. #-2015-F-

42121 Penguin 201530328158.7 2015-08-28 Shanlian Quan Cancelled order 6/23/2015
00208070 00208070
Reg#-2015-F-
42123 Sitting Gorilla 201530328311.6 2015-08-28 Shanlian Quan 3/25/2015 Cancelled order 6/23/2015
00208069
Reg#-2015-F-
42128 Sittal Koala 201530328618.6 2015-08-28 Shanlian Quan 3/25/2015 Cancelled order 6/23/2015
00208067
Reg#-2015-F-
42129 Sitting Siamese Cat 201530328469.3 2015-08-28 Shanlian Quan 3/27/2014 Cancelled order 6/23/2015
00208072
Reg#-2015-F-
42130 Sitting Cat 201530328156.8 2015-08-28 Shanlian Quan 1/10/2015 Cancelled order 6/23/2015
00208075
Reg#-2015-F-
42131 Sitting Dog 201530328238.2 2015-08-28 Shanlian Quan 3/25/2015 Cancelled order 6/23/2015
00208071
Reg#-2015-F-
42132 Grey Seal 201530328562.4 2015-08-28 Shanlian Quan 5/22/2015 Cancelled order 6/23/2015
00208065
Reg#-2015-F-
42117 Sitting Racoon 201530336420.2 2015-09-02 Shanlian Quan 7/21/2014 Cancelled order 8/22/2014
00208064
Reg#-2015-F-
42119 Sitting Elephant 201530336386.9 2015-09-02 Shanlian Quan 7/9/2014 Cancelled order 8/22/2014
00208076
Reg#-2015-F-
42120 Sitting Cheetah 201530336572.2 2015-09-02 Shanlian Quan 7/4/2014 Cancelled order 8/22/2014
00208073
Reg#
NA Sitting Husky Shanlian Quan -2016-F- 2014 No order 8/22/2014
00330598
Reg#
NA Sitting Beagle Shanlian Quan -2016-F- 2015 No order 2015-02-10(Email)
00330597
Exhibit C - Plaintiffs' Copyright Registration Status in China
Reg#
NA Sitting Fox Shanlian Quan -2016-F- 2014 No order 8/22/2014
00330595
NA Sitting Tiger Shanlian Quan Did not apply 2015 No order 2015
Reg#
NA Black Cat Shanlian Quan -2016-F- 2015 No order 2015-2-10(Email)
00330596
Reg#-2016-F-
NA Sitting Pug 201530419153.5' Shanlian Quan 00267865
2015 No order 2015-2-10(Email)
Reg#-2016-F-
NA Mountain dog Shanlian Quan 2015 No order 6/23/2015
00267862
Reg#-2016-F-
NA Fabric Shanlian Quan 2014 No order 6/13/2015
00269127
NA Mandrill Monkey 201530326036.4 8/27/2015 Shanlian Quan 2015 No order NA
NA Boston Terrier 201530325805.9 8/27/2015 Shanlian Quan 2015 No order NA
NA Brown Spaniel 201530325742.7 8/27/2015 Shanlian Quan 2015 No order NA
NA Shepherd 201530419461.8 10/27/2015 Shanlian Quan 2015 No order NA
NA Lemur 201530419010.4 10/27/2015 Shanlian Quan 2015 No order NA
NA Rabbit 201530419194.4 10/27/2015 Shanlian Quan 2015 No order NA
Reg#-2016-F-
NA Labrador Shanlian Quan 00267864
2015 No order
Reg#-2016-F-
NA Rottweiler Shanlian Quan 00267863
2015 No order NA
Reg#-2016-F-
NA Bull Terrier Shanlian Quan 00267860
2015 No order NA
NA Squirrel 201530336570.3 9/2/2015 Shanlian Quan 2015 No order NA
NA Parrot 201530325778.5 8/27/2015 Shanlian Quan 2015 No order NA
NA Mobile Cat 201530140327.4 2015.5.13 Shanlian Quan 2015 No order NA

Exhibit C -Document
Case: 1:17-cv-05683 Plaintiffs' #:
Copyright
1-3 Filed:Registration Status
08/03/17 Page 3 ofin3 China
PageID #:30
NA Mobile Rabbit 201530140731.1 2015.5.13 Shanlian Quan 2015 No order NA
NA Mobile Bear 201530140642.7 2015.5.13 Shanlian Quan 2015 No order NA
Sparkle Pet - Polar Reg#-2013-F-

NA 201230542094.7 2012.11.9 Kwan Joong Kim 2012 No order NA
Bear 2370829
Reg#-2013-F-
NA Sparkle Pet - Tiger 201230460457.2 2012.9.25 Kwan Joong Kim
2339270
2012 No order NA
Reg#-2013-F-
NA Sparkle Pet - Cat 20120460443.0 2012.9.25 Kwan Joong Kim
2341516
2012 No order NA
Sparkle Pet - Reg#-2013-F-

Cheetah 2337440

Elephant 2339138
Reg#-2013-F-
NA Sparkle Pet - Lamb 201230460447.9 2012.9.25 Kwan Joong Kim
2343049
2012 No order NA
Reg#-2013-F-
NA Sparkle Pet - Lion 201230460461.9 2012.9.25 Kwan Joong Kim
2337032
2012 No order NA

Monkey 2339334

Panda 2336779

Rabbit 2340032

Raccoon 2370939
EXHIBIT D- Plaintiffs' US COPYRIGHT OFFICE REGISTRATION LIST

US Copyright Office Reg. # Owner Registration Date Picture Title
VA 2-002-973 Kwan Joong Kim 9/17/2016 Sitting Rabbit
VA 2-002-972 Kwan Joong Kim 4/12/2016 Sitting Tiger
VA 2-002-974 Kwan Joong Kim 4/11/2016 Sitting Bear
VA 2-001-585 Kwan Joong Kim 4/11/2016 Sitting Gorilla
VA 2-001-582 Kwan Joong Kim 4/12/2016 Sitting Cat
VA 2-001-584 Kwan Joong Kim 4/12/2016 White Seal
VA 2-000-969 Kwan Joong Kim 4/12/2016 Sitting Raccoon
VA 2-000-970 Kwan Joong Kim 4/11/2016 Sitting Monkey
VA 2-002-235 Kwan Joong Kim 4/11/2016 Sitting Lion
VA 2-002-241 Kwan Joong Kim 4/11/2016 Sitting Panda
VA 2-002-239 Kwan Joong Kim 4/11/2016 Sitting Elephant
VA 2-002-229 Kwan Joong Kim 4/11/2016 Sitting Cheetah
VA 2-002-237 Kwan Joong Kim 4/12/2016 Sitting Koala
VA 2-002-231 Kwan Joong Kim 4/12/2016 Grey Seal
VA 2-002-225 Kwan Joong Kim 4/12/2016 Sitting Siamese Cat
VA 2-002-222 Kwan Joong Kim 4/12/2016 Penguin
* Publication and Completion Dates are the same as Those Dates in the Registered Copyrights in China
EXHIBIT D- Plaintiffs' US COPYRIGHT OFFICE REGISTRATION LIST

VA 2-025-721 Kwan Joong Kim 10/15/2016 Mobile Pets
VA 2-025-720 Kwan Joong Kim 10/15/2016 Fire Man
VA 2-025-719 Kwan Joong Kim 10/15/2016 Pirate
VA 2-025-719 Kwan Joong Kim 10/15/2016 Nurse Panda
VA 2-025-716 Kwan Joong Kim 10/15/2016 Cowboy Monkey
VA 2-025-715 Kwan Joong Kim 10/15/2016 Girly Cat
VA 2-025-714 Kwan Joong Kim 10/15/2016 Baseball Lion
VA 2-025-715 Kwan Joong Kim 10/15/2016 Magician Tiger
VA 2-025-712 Kwan Joong Kim 10/15/2016 School Rabbit
VA 2-024-633 Kwan Joong Kim 10/15/2016 Police Raccoon
VA 2-042-208 Kwan Joong Kim 8/22/2016 Sitting Pug
VA 2-042-209 Kwan Joong Kim 8/22/2016 Mountain Dog
VA 2-042-210 Kwan Joong Kim 8/22/2016 Sitting Fox
VA 2-041-574 Kwan Joong Kim 8/22/2016 Black Cat
VA 2-041-578 Kwan Joong Kim 8/22/2016 Beagle Dog
VA 2-041-576 Kwan Joong Kim 8/22/2016 Husky Dog
VA 2-035-592 Kwan Joong Kim 6/24/2016 Sitting Spaniel
* Publication and Completion Dates are the same as Those Dates in the Registered Copyrights in China
Exhibit E - Infringement of Grey Seal

Exhibit E - Infringement of Husky Dog

Exhibit E - Infringement of Penguin

Exhibit E - Infringement of Sitting Koala

Exhibit E - Infringement of Sitting Bear

Exhibit E - Infringement of Sitting Cat

Exhibit E - Infringement of Sitting Cheetah

Exhibit E - Infringement of Sitting Elephant

Exhibit E - Infringement of Sitting Gorilla

Exhibit E - Infringement of Sitting Lion

Exhibit E - Infringement of Sitting Monkey

Exhibit E - Infringement of Sitting Panda

Exhibit E - Infringement of Sitting Raccoon

Exhibit E - Infringement of Sitting Siamese Cat

EXHIBIT E - INFRINGEMENT OF SITTING TIGER


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Case: 1:17-cv-05683 Document #: 1 Filed: 08/03/17 Page 1 of 16 PageID #:1

IN THE UNITED STATES DISTRICT COURT

Shanlian Quan and Kwan Joong Kim, )

declaratory relief, compensatory damages, punitive damages, exemplary damages,

restitution payment and attorney’s fees and costs.

2. Shanlian Quan (“Quan”) is and individual with a principal place of

3. Kwan Joong Kim (“Kim”) is and individual with a principal place of

4. Upon information and belief, Defendant Ty, Inc. (“Ty”) is an Illinois

WESTMONT, 60559, IL.

5. Upon information and belief, Defendant H TY WARNER is an Illinois

WESTMONT, 60559, IL.

6. Quan and Kim are collectively referred to as “Plaintiffs” and Ty and

JURISDICTION AND VENUE

copyright infringement under 28 U.S.C. §§ 1331 and 1338(a), and supplemental

arising under state law under 28 U.S.C. § 1367.

9. Venue is proper in this District by virtue of 28 U.S.C. § 1391 (b) and

10. An actual case or controversy has arisen between the parties.

damages resulting therefrom.

BACKGROUND AND FACTUAL AVERMENTS COMMON TO ALL

13. Defendants have visited Plaintiffs’ showrooms several times.

Creatail HK Limited, have delivered sample plush toys to Defendants.

and sellers of plush toys in the U.S. and in other countries.

manufacturing factory in China in 2015.

20. Defendants bought cheaper counterfeit items of Quan from other

counterfeit items have been delivered to Defendants somehow.

seizures of the counterfeit items by Chinese Authorities.

23. Shanlian Quan is the owner of Patent # US D 780,854 S (The Patent) as in

Direct Copyright Infringement

in paragraphs 1 through 25 inclusive.

copyrights in their works without authorization in violation of Sections §§ 106 et seq.

28. Each infringement by Defendants of Plaintiffs’ copyrighted works, some, but

distinct act of infringement.

29. Defendants’ acts of infringement were willful, in disregard of and with

indifference to the rights of Plaintiffs for two years at least.

30. As a direct and proximate result of the infringements by Defendants,

Plaintiffs are entitled to damages and Defendants’ profits in amounts to be

proven at trial which are not currently ascertainable.

amounts as may be proper under 17 U.S.C. § 504.

pursuant to 17 U.S.C. § 505.

have sustained and will continue to sustain substantial, immediate and

irreparable injury, for which there is no adequate remedy at law. Unless

enjoined and restrained by this Court, Defendants will continue to infringe

Plaintiffs’ rights in their copyrighted works. Plaintiffs are entitled to preliminary

and permanent injunctive relief.

Contributory Copyright Infringement

34. Plaintiffs incorporate herein by reference each and every averment

contained in paragraphs 1 through 33, inclusive.

35. Defendants knowingly and systematically have materially contributed to,

their works, including by materially contributing to, intentionally inducing, and/or

causing unauthorized reproductions and distributions of plush toys without

further damage to Plaintiffs’ copyrighted works.

36. Each infringement by Defendants of Plaintiffs’ copyrighted works, some,

distinct act of infringement.

37. Defendants’ acts of infringement were willful, in disregard of and with

indifference to the rights of Plaintiffs for two years at least.

38. As a direct and proximate result of the infringements by Defendants,

Plaintiffs are entitled to damages and Defendants’ profits in amounts to be proven at

trial which are not currently ascertainable.