UNITED STATES DISTRICT COURT

IN THE EASTERN DISTRICT OF MICHIGAN

ONTEL PRODUCTS CORPORATION,

Plaintiff, Case No. 20-cv-13118

v. Hon.

JOHN/JANE DOE 1-10 Owners/Operators

of websites Listed on Schedule A,
HYPER Z TECH LTD,
HYPER SLS LTD, JURY DEMANDED
TECH X DEAL LTD,
NOVADS OU,
APPLEXA LTD, and
G COM PTE, LTD,

Defendants.

DICKINSON WRIGHT PLLC

John S. Artz (P48578)
Christopher J. Ryan (P74053)
350 S. Main Street, Ste 300
Ann Arbor, MI 48104
(734) 623-1907
cryan@dickinsonwright.com

VERIFIED COMPLAINT

NOW COMES Plaintiff ONTEL PRODUCTS CORPORATION

(“Ontel”), by and through its attorneys, DICKINSON WRIGHT PLLC, and for

its Verified Complaint against Defendants, states:

4830-7550-6897 v6 [64944-1641]
 INTRODUCTION

This case arises out of the unauthorized use and infringement of

copyrights, trademarks, and patents owned and used by Ontel. In violation

of federal and state law, Defendants established a network of at least 46

websites promoting or selling knockoff and infringing versions of Ontel’s

evaporative air coolers sold under the Arctic Air trademark. Exhibit A.

In an elaborate scheme to saturate the market with infringing products,

Defendants copied Ontel’s product design and Ontel’s copyrights and are

selling lookalike products. In order to circumvent Ontel’s aggressive online

enforcement against counterfeit products, Defendants altered the product

names to “Polaire”, “CoolAir”, “Ice Cube”, “Fresh-R”, and “CoolZ AIR”.

However, product ordered from Defendants various websites demonstrate

that they are clear counterfeit versions of Ontel’s Arctic Air Products, often

bearing Ontel’s contact information and well-known Arctic Air trademarks.

Numerous unwitting consumers are being duped into believing they

are entering into legitimate transactions with Ontel and/or for the purchase

of genuine Arctic Air products. Defendants’ conduct is directly harming Ontel

and has resulted in multiple consumer complaints as the products received

are inferior and do not function as advertised. The harm to Ontel and to the

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general public will continue unless Defendants’ conduct is enjoined by this

Court.

PARTIES, JURISDICTION, AND VENUE

1. Ontel is a corporation organized under the laws of New Jersey.

Ontel’s Arctic Air products are sold throughout the United States, and

internationally.

2. Defendants John/Jane Doe 1-10 are as yet unidentified

corporations and/or individuals who established and/or operate the websites

listed on Schedule A that infringe on Ontel’s copyrights, and/or patents, or

who manufacture/distribute the products that infringe on Ontel’s trademarks,

copyrights, and patents.

3. Defendant Hyper Z Tech Ltd is a private company registered in

Northern Ireland. Upon information and belief, Hyper Z Tech Ltd is owned,

in whole or in part, by Defendant Hyper SLS Ltd. Hyper Z Tech Ltd is an

owner and/or operator of one or more of the websites listed on Schedule A,

including hypertechz.com.

4. Defendant Hyper SLS Ltd is a private company registered in

Hong Kong. Hyper SLS Ltd is an owner and/or operator of one or more of

the websites listed on Schedule A, including get-polaire.com, airfreez.store,

buysmartproduct.com, miniaircooler.com, coolair-official.store, buy-

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coolz.com, buyudrone.com, getwondabra.com, gadgetmall247.com, free-

the-internet.com, bestxtech.org, urgoodeal.com, i-want-internet.com,

internet-for-everyone.com, flightxshop.com, buyvisionpro.com,

buysealpro.com, boost-my-internet.com, give-me-internet.com, give-me-

fast-internet.com, amazingxtech.com, xtechgadget.com, buy-cleant.com,

popularhitech.com, niwiminipods.com, tryecoheats.com, and fresh-r.co.

5. Defendant Tech X Deal Ltd is a private company registered in

Northern Ireland. Tech X Deal Ltd is an owner and/or operator of one or more

of the websites listed on Schedule A, including techdailyx.com.

6. Defendant Novads OU is a private company registered and

located in Estonia. Novads OU is an owner and/or operator of one or more

of the websites listed on Schedule A, including hyperstech.net,

techsxpro.com, novads.co, coolair-official.store, hyperstech.com,

smartgadgetpro.com, and freshrofficial.com.

7. Defendant Applexa OU is a private company registered in Hong

Kong. Applexa OU is an owner and/or operator of one or more of the

websites listed on Schedule A, including iApplexa.com, iGadget24.com,

Applexa24.com, and techxdeal.org.

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 8. Defendant G Com PTE Ltd is a private company registered in

Singapore. G Com PTE Ltd is an owner and/or operator of one or more of

the websites listed on Schedule A, including G63com.com.

9. Jurisdiction and venue are proper in this Court.

10. This Court has personal jurisdiction pursuant to Fed. R. Civ. P.

4(k)(2). The exercise of jurisdiction over Defendants comports with due

process because they purposefully direct their activities toward the United

States and purposefully avail themselves of the privileges of the United

States. Defendants advertise their products in the United States, sell their

products to United States citizens, and import and ship products to

consumers in the United States.

11. This Court has subject matter jurisdiction over Ontel’s claims,

which arise out of Defendants’ violation of the Copyright Act, 17 U.S.C.§ 101,

et seq., the Lanham Act, 15 U.S.C. § 1125, and the Patent Act, 35 U.S.C. §

1, et seq. This Court also has supplemental jurisdiction over Ontel’s state

statutory and common law claims. 28 U.S.C. § 1367.

12. Venue is proper because, upon information and belief,

Defendants do not reside in the United States. A defendant not a resident of

the United States may be sued in any judicial district. 28 U.S.C. § 1391(c)(3).

Further, through the use of websites, including those set forth on Schedule

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A, Defendants advertise, market, sell, or have sold infringing product within

this district. Confusion about the origin of Defendants’ products is likely to

occur in this district.

FACTS COMMON TO ALL CLAIMS FOR RELIEF

A. ONTEL’S ARCTIC AIR PRODUCTS.

13. For over 20 years, Ontel has developed, marketed, and

distributed some of the most innovative consumer products on the market,

including popular toys, top-selling home fitness equipment, and ground-

breaking household items. Ontel’s products are sold in nearly every major

retail chain in the United States, and in over 30 countries worldwide.

14. Among the products sold by Ontel are the Arctic Air and Arctic Air

Ultra (collectively “Arctic Air Products”). The Arctic Air Products are personal

air coolers that cool, humidify, and purify air.

15. The Arctic Air Products were launched in 2018 and since that

time they have become one of Ontel’s best-selling products in the United

States and worldwide.

16. The success of the Arctic Air Products began with the launch of

the Arctic Air evaporative cooler. Further research and development refined

the original Arctic Air product, and Ontel launched the Arctic Air Ultra. Both

products are depicted here:

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 17. Ontel’s products are available for purchase at many large retail

stores, including WalMart and Target and are also available for purchase

online through many authorized retailers.

18. Ontel’s Arctic Air Products are known to consumers throughout

the United States to represent genuine, high quality goods and Ontel owns

the goodwill associated with its intellectual property rights and has invested

significant time and resources securing and protecting these rights. As a

result of this success, Ontel has expended significant resources combatting

knockoff and counterfeit products, including via online sales.

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 B. ONTEL’S COPYRIGHTS.

19. Ontel is the owner of multiple, valid U.S. copyright registrations

for the packaging associated with the Arctic Air Products as well as the

commercial associated with the Arctic Air.

20. Arctic Air’s packaging was registered with the U.S. Copyright

Office on January 8, 2018, Registration Number VA 2-092-859 for the 2-D

Artwork depicted below (“Arctic Air Packaging”):

Exhibit B.

21. The Arctic Air Ultra was also registered with the U.S. Copyright

Office on May 8, 2019, Registration Number VA 2-149-866 for the 2-D

Artwork depicted below (“Arctic Air Ultra Packaging”):

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 Exhibit C.

22. Ontel obtained U.S. Copyright Registration Number PA 2-114-

676 on January 2, 2018 for the commercial associated with the Arctic Air

(“Arctic Air Commercial”). Exhibit D.

23. The Arctic Air Packaging, Arctic Air Ultra Packaging, and Arctic

Air Commercial are collectively referred to as “Ontel’s Copyrights”.

24. Ontel’s Copyrights and the registrations associated therewith are

valid and subsisting.

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 C. ONTEL’S TRADEMARKS

25. Ontel owns federal trademark registrations for ARCTIC AIR as

registered with the United States Patent and Trademark Office as follows

(“Ontel’s Marks”) (Exhibit E):

Mark Registration Goods

U.S. IC 011.
Registration Personal
Number portable
6161888 humidifier
Date: and air
09/29/2020 purifier in the
nature of a
cooling
device

U.S. IC 011.
Registration Personal
Number portable
5814181 humidifier
and air
Date: purifier in the
07/23/2019 nature of a
cooling
device

26. Ontel has spent significant time, money and resources

developing, marketing, advertising, promoting and selling its products in

interstate commerce under its marks and Ontel enjoys the benefit of

valuable goodwill associated with these marks.

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 27. The Arctic Air Products bearing these marks are well known and

widely recognized by the consuming public as a designation of source of the

goods and services of Ontel.

D. ONTEL’S PATENTS.

28. Ontel owns U.S. Patent No. D848,593 (the “Artic Air Design

Patent”).

29. The Arctic Air Design Patent was filed on December 26, 2017

and issued on May 14, 2019. Exhibit F.

30. The Arctic Air Design Patent protects the ornamental design for

a personal air cooler as described and depicted in the patent and as

excerpted below:

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 31. Ontel also owns U.S. Patent No. D852,340 (the “Arctic Air Ultra

Design Patent”). Exhibit G.

32. The Arctic Air Ultra Design Patent was filed on December 21,

2018, and issued on June 25, 2019.

33. The Arctic Air Ultra Design Patent protects the ornamental design

for a personal air cooler as described and depicted in the patent and as

excerpted below:

34. The Arctic Air Design Patent and Arctic Air Ultra Design Patent

are collectively referred to as “Ontel’s Patents”.

35. Ontel also has other patent applications pending for its Arctic Air

products.

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 36. Ontel’s Copyrights, Ontel’s Marks and Ontel’s Patents are

collectively referred to as Ontel’s Intellectual Property.

E. INFRINGING SITES.

37. Defendants own, created, established, and/or operate a network

of websites that infringe on one or more of Ontel’s Intellectual Property (the

“Infringing Sites”).

38. The Infringing Sites that are currently known to Ontel include the

sites listed on Schedule A.

39. The Infringing Sites infringe on one or more of Ontel’s Intellectual

Property Rights.

40. The Infringing Sites market, sell, or purport to sell knockoff

versions of the Arctic Air, Arctic Air Ultra, or both.

41. The Infringing Sites that market, sell, or purport to sell a knockoff

version of the Arctic Air call the product “Polaire”, “CoolAir”, and/or “Ice Cube”

in order to avoid detection by Ontel.

42. The Infringing Sites that market, sell, or purport to sell a knockoff

version of the Arctic Air Ultra call the product “CoolZ AIR” or, more commonly,

“Fresh-R”.

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 43. Attached as Exhibit A are PDF screenshots of each of the

Infringing Sites. Those screenshots evidence Defendants’ infringement on

Ontel’s Intellectual Property rights.

44. Upon information and belief, one or more of the Infringing Sites

used or are using PayPal as a method of payment. 1

45. Defendants, as the owners, creators, and operators of the

Infringing Sites, have taken active steps to conceal their true identities in

order to avoid detection by Ontel. The Internet Corporation for Assigned

Names and Numbers (ICANN) administers accreditation for Registrars.

Registrars are the organizations that administer domain names. Registrars

are required to maintain WHOIS data, which must include the name,

address, email, phone number, and administrative contact for the registrant

of the site. For at least 45 of the 46 Infringing Sites, Defendants utilized the

domain name Registrar NameCheap.com. NameCheap.com is a Delaware

Corporation located in Arizona. NameCheap.com partners with a Panama

company called WhoisGuard. WhoisGuard “hides” the site owner’s name

1 See Exhibit A, homepage for get-polaire.com and Terms of Use for techmsx.com showing PayPal logo;
see also Exhibit A Terms of Use for BuySmartProduct.com, iApplexa.com, iGadget24.com,
hypertechz.com, techsxpro.com, novads.co, techxsv.com, hyperstech.com, buy-coolz.com,
techdailyx.com, applexa24.com, g63com.com, buyudrone.com, getwondabra.com, gadgetmall247.com,
free-the-internet.com, bestxtech.org, urgoodeal.com, smartgadgetpro.com, i-want-internet.com, internet-
for-everyone.com, flightxshop.com, buyvisionpro.com, buysealpro.com, boost-my-internet.com, give-me-
internet.com, give-me-fast-internet.com, amazingxtech.com, techxdeal.com, techxdeal.org,
xtechgadget.com, buy-cleant.com, popularhitech.com, niwiminipods.com, tryecoheats.com,
matrixeshop.com, techmsx.com, stating that “[p]ayment for all orders must be made by Credit, Debit card
or PayPal payment method on the checkout page.”

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and contact information by becoming the registrant, and then licensing the

domain name to the customer. Accordingly, when the WHOIS database is

queried to try to determine the identity of the website owner, the search yields

generic contact information for WhoisGuard. See Exhibit H, WHOIS data for

the Infringing Sites.

46. Upon information and belief, all of the Infringing Sites are part of

the same enterprise, and are owned and operated by Defendants.

47. A table summarizing similarities and links between the Infringing

Sites is attached as Exhibit I.

48. Evidence that the Infringing Sites are part of the same enterprise

includes:

a) Many of the Infringing Sites reference the same company

name/names (e.g., Hyper SLS Ltd, Hyper Z Tech Ltd, Novads
OU, Applexa OU). In fact, 27 of the 46 websites identify the
company Hyper Sls Ltd. See Exhibits A and I;

b) Many of the Infringing Sites reference the same credit card

merchant information (e.g., “Your purchases will appear as
"HYPERSTECH.COM" on your credit card statement”, “Your
purchases will appear as "Iapplexa442038089234" on your
credit card statement”, “Your purchases will appear as "Novads"
on your credit card statement”, “Your purchases will appear as
"G63Tech" on your credit card statement”, “Your purchases will
appear as "iGadget24" on your credit card statement”). See
Exhibits A and I;
c) Many of the Infringing Sites link to another one of the Infringing
Sites (e.g., get-polaire.com markets the infringing product but
links directly to hypertechz.com to purchase, get.coolair-

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 original.com markets the infringing product but links directly to
techmsx.com to purchase). See Exhibits A and I;

d) Many of the Infringing Sites contain e-mail addresses associated

with other Infringing Sites (e.g., cool-air.shop/coolairen’s Contact
Us page contains the e-mail address of
support@hyperstech.com). See Exhibits A and I;

e) Many of the Infringing Sites look materially identical and sell

identical products. See Exhibit A. For example:

iGadget24.com:

TechXDeal.com:

Give-me-internet.com:

Tryecoheats.com:

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 Buy-cleant.com:

Hyperstech.com:

f) Nearly all of the Infringing Sites contain the same photographs

(including Ontel’s Copyrights), product names, and icons as
each of the other Infringing Sites. See Exhibit A. For example:

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 Infringing Site CoolAir Ice Cube Fresh-R

Hyperstech.com

Buysmartproduct.com

iGadget24.com

Buy-cleant.com

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 Tryecoheats.com

g) The URLs for 45 of the 46 Infringing Sites were registered using

the same internet domain Registrar, NameCheap.com. Exhibits
H and I;
h) 45 of the 46 Infringing Sites conceal the identity of the registrant
by utilizing NameCheap’s WhoisGuard. Exhibit H; and
i) 24 of the 46 Infringing Sites use the same DNS provider,
Cloudflare.com. Of the remaining 22 Infringing Sites, 21 use the
DNS provider DigitalOcean.com. Exhibit H;

49. In light of the foregoing, it is clear that each of the Infringing Sites

is connected to one another and part of the same enterprise.

50. Accordingly, each of the Defendants is part of the same infringing

enterprise and is directly liable for its/his/her own infringement, and indirectly

liable for the direct infringement of each of the other Defendants.

51. Upon information and belief, when a consumer purchases an

Infringing Product from one of the Infringing Sites, Defendants ship a

counterfeit copy of Ontel’s Arctic Air Product to the consumer, often with

Ontel’s contact information for consumer complaints. This has resulted in

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multiple consumers contacting Ontel concerning products purchased from

the Infringing Sites. Even where Ontel’s contact information is not included

with the product, consumers still frequently contact Ontel to complain

because they mistakenly believed they had entered into a legitimate

transaction to purchase a genuine Ontel product.

COUNT I: VIOLATION OF 17 U.S.C. § 501 et seq. –

COPYRIGHT INFRINGEMENT
52. Ontel incorporates all paragraphs of this Complaint as if set forth

in full herein.

53. Ontel is the owner of Ontel’s Copyrights and the Certificates of

Registration corresponding to each.

54. Defendants, individually and in combination, violated Ontel’s

exclusive rights in Ontel’s Copyrights in the United States by:

a) Reproducing Ontel’s Copyrights, including portions thereof;

b) Preparing derivative works based on Ontel’s Copyrights;

c) Publicly displaying Ontel’s Copyrights;

d) Publicly performing Ontel’s Copyrights; and

e) Other acts of infringement as revealed by discovery.

55. As a representative example, Defendants infringed on Ontel’s

Arctic Air Commercial by copying and using significant portions of the

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commercial to sell the inferior Infringing Products, including as depicted

below:

Still image taken from copyrighted Arctic Air Commercial

Still image from video displayed on

Defendants’ website coolair-official.store

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 Still image taken from copyrighted Arctic Air Commercial

Still image from video displayed on

Defendants’ website coolair-official.store

56. As a further representative example, Defendants infringed on

Ontel’s Arctic Air Packaging by copying and using significant portions of the

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packaging in connection with the advertising, marketing and sale of its

infringing products:

Genuine Arctic Air Packaging Get-Polaire.com

(One of Defendants’ Sites)

From Copyrighted Arctic Air From Defendants’

Packaging: hypertechz.com:

From Defendants’ From Defendants’ buy-

techmsx.com: coolz.com:

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 57. Defendants’ improper copying and use of Ontel’s Copyrights was

done without Ontel’s permission, is for commercial purposes and do not

constitute fair use of Ontel’s Copyrights.

58. Defendants’ infringement was committed willfully. At a minimum,

Defendants’ infringement was committed with knowledge of or with reckless

disregard that they were copying and infringing on Ontel’s Copyrights.

59. As a result of their wrongful conduct, Defendants are liable to

Ontel for direct, contributory, and/or vicarious copyright infringement.

60. Ontel has been damaged by Defendants’ copyright infringement.

COUNT II: VIOLATION OF 15 U.S.C. § 1114 –

TRADEMARK INFRINGEMENT

61. Ontel incorporates all paragraphs of this Complaint as if set forth

in full herein.

62. Defendants’ actions as set forth in this Complaint individually and

in combination, violate 15 U.S.C. § 1114.

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 63. Defendants used and are continuing to infringe upon Ontel’s

Marks without approval, and in a manner that is likely to cause confusion or

the mistaken belief that Defendants’ products represent genuine Ontel Arctic

Air Products or that Defendants are affiliated, connected, or associated with

Ontel.

64. Upon information and belief, Defendants have and are

continuing to reproduce, counterfeit, copy and colorable imitate Ontel’s

Marks and apply such reproduction, copy and colorable imitation to products

purchased by consumers from the Infringing Sites.

65. By way of example, one consumer, B.N., sent Ontel proof of her

purchase from “Polaire” (the name and e-mail address of B.N. have been

redacted to protect privacy but can be made available to the Court):

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 66. The Polaire name and logo are the same name and logo that

appear on www.get-polaire.com:

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 67. The image below depicts the product B.N. received - a

counterfeit that directly copies Ontel’s Marks in their entirety without approval

or authorization by Ontel:

68. Defendants do not have any permission to use Ontel’s Marks.

69. Defendants’ actions were committed with knowledge that such

imitation of Ontel’s Marks was intended to cause confusion, to cause

mistake, or to deceive.

70. Defendants’ use of Ontel’s Marks was willful.

71. Defendants’ use of Ontel’s Marks constitutes willful

counterfeiting.

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 72. As a result of Defendant’s unlawful conduct, Ontel has been

damaged, has suffered irreparable harm, and is likely to continue to suffer

irreparable harm unless Defendants’ actions are enjoined by this Court.

73. Ontel is entitled to its actual damages (or in the alternative for

statutory damages pursuant to 15 U.S.C. § 1117(c)), an amount equal to

three times Defendants’ profits following equitable accounting, plus interest,

costs and attorneys’ fees.

COUNT III: VIOLATION OF 15 U.S.C. §1125 –

FALSE DESIGNATION OF ORIGIN AND UNFAIR COMPETITION

74. Ontel incorporates herein all paragraphs of this Complaint as if

set forth in full.

75. Defendants’ actions as set forth in this Complaint and

Defendant’s’ unlawful use of Ontel’s Intellectual Property, including Ontel’s

Marks, individually and in combination, violate 15 U.S.C. §1125(a).

76. Defendants used and are continuing to use images, words,

terms, names, false or misleading descriptions of fact, and false or

misleading representations of fact in commercial advertising or promotion

that misrepresents the nature, characteristics and qualities of Defendants’

goods and commercial activities.

77. Defendants are aware that Ontel owns Ontel’s Intellectual

Property and are infringing on Ontel’s Intellectual Property.

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 78. Defendants’ actions were taken with knowledge and with the

intent to cause confusion or mistake and to deceive the public as to the

source, origin, sponsorship or approval of Defendants’ products and

websites.

79. Defendants acted with knowledge and with the intent that their

actions would confuse third parties into believing they were purchasing

genuine Ontel products or purchasing products from Ontel.

80. As a result of the illegal, willful, and unauthorized conduct of

Defendants, Ontel has incurred losses to its business and to the value of its

marks, lost sales, loss of goodwill, and other losses for which Ontel is entitled

to money damages pursuant to 15 U.S.C. § 1125.

81. Ontel is entitled to its actual damages, an amount equal to

Defendants’ profits following equitable accounting, plus interest, costs, and

attorneys’ fees.

COUNT IV: VIOLATION OF 35 U.S.C. § 271 -

PATENT INFRINGEMENT

82. Ontel incorporates all paragraphs of this Complaint as if set forth

in full herein.

83. Defendants had and have knowledge of Ontel’s Patents.

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 84. Defendants are directly infringing or inducing infringement of

Ontel’s Patents including by making, using, offering to sell, selling, or

importing into the United States, infringing products.

85. With knowledge of Ontel’s Patents, Defendants induced

infringement of Ontel’s Patents.

86. Defendants’ “Polaire”, “CoolAir”, and “Ice Cube” products infringe

on the Arctic Air Design Patent. Defendants’ “Fresh-R” and “CoolZ AIR”

products infringe on the Arctic Air Ultra Design Patent.

87. Defendants are infringing on Ontel’s Patents by manufacturing,

marketing, advertising, offering for sale, and selling the Polaire, CoolAir, Ice

Cube, CoolZ AIR, and Fresh-R with knowledge and with the intent that third

parties will use those products.

88. Examples of Defendants’ infringement of the Arctic Air Design

Patent include:

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 Arctic Air Design
hyperstech.com techmsx.com
Patent

Niwiminipods.com Popularhitech.com Tryecoheats.com

89. Examples of Defendants’ infringement of the Arctic Air Ultra

Design Patent include:

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 Arctic Air Ultra Design
Patent Tryecoheats.com Fresh-r.shop

Techmsx.com Techxsv.com Give-me-internet.com

90. Defendants’ infringement was undertaken without permission or

license to use Ontel’s Patents.

91. Ontel has been damaged as a result of Defendants’ infringement

as described herein.

92. Ontel is entitled to and claims all damages allowable by law

including adequate compensation for the infringement, costs, interest,

attorney fees, and Defendants’ profits (for which Ontel demands an equitable

accounting).

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 93. Ontel further seeks a declaration by the Court that it is entitled to

three times the amount of damages found or assessed pursuant to 35 U.S.C.

§ 284.

COUNT V: COMMON LAW UNFAIR COMPETITION

94. Ontel incorporates all paragraphs of this Complaint as if set forth

in full herein.

95. Defendants’ acts as described in this Complaint amount to unfair

competition.

96. Defendants are engaged in unfair and unethical business

practices that are harmful to Ontel and the general public.

97. For purposes of deceiving the public, Defendants are simulating

the name, symbols, or devices employed by Ontel, thus falsely inducing

consumers to pay Defendants money under the mistaken belief the

consumer will receive Ontel product in return.

98. Defendants are engaged in the practice of “passing off” or

“palming off” Defendants’ products as if they were manufactured and sold by

Ontel.

99. Defendant acted with the intent to engage in common law unfair

competition, and have done so in a fraudulent, malicious, willful and wanton

manner, and in wanton disregard of Ontel’s rights.

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 100. As a result of Defendants’ illegal conduct, Ontel has been

damaged, has suffered irreparable harm, and is likely to continue to suffer

irreparable harm unless Defendants’ actions are enjoined by this Court.

101. Ontel is entitled to its actual damages, an amount equal to

Defendants’ profits following equitable accounting, plus interest, costs, and

attorneys’ fees.

COUNT VI: INJUNCTION

102. Ontel incorporates the above paragraphs as though fully set forth

herein.

103. Injunctive relief is authorized by 17 U.S.C. § 502 “to prevent or

restrain infringement of a copyright.”

104. Injunctive relief is authorized by 15 U.S.C. § 1116(a) “to prevent

the violation of any right of the registrant of a mark registered in the Patent

and Trademark Office or to prevent a violation under [15 U.S.C. § 1125(a)]”.

105. Injunctive relief is authorized by 35 U.S.C. § 283 to “prevent the

violation of any right secured by patent, on such terms as the court deems

reasonable.”

106. There is no legal remedy available to fully compensate Ontel for

the ongoing damage caused by Defendants.

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 107. Ontel is likely to succeed on the merits of the claims raised in this

Complaint, as evidenced by preceding paragraphs.

108. Ontel is likely to continue to suffer irreparable harm if emergency

and immediate injunctive relief is not issued.

109. Injunctive relief prohibiting Defendants, and each one of them,

from continuing to violate Ontel’s rights will mitigate the irreparable harm

already suffered by Ontel.

REQUEST FOR RELIEF

WHEREFORE, Ontel respectfully requests that this Honorable Court:

a) Issue a temporary restraining order and preliminary and

permanent injunction prohibiting Defendants and each of their

agents, servants, employees, attorneys, and any other persons

who are in active concert or participation with any of them from:

i. Using or infringing upon Ontel’s Copyrights in connection

with the offering for sale or advertising of any products;

ii. Infringing upon or counterfeiting Ontel’s Marks;

iii. Engaging in any action to pass off Defendants’ products as

Ontel products;

iv. Engaging in further actions to interfere with Ontel’s

Patents, including prohibiting the advertising, marketing,

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 sale, attempted sale, or importation of the “Polaire”,

“CoolAir”, “Ice Cube”, “Fresh-R”, “CoolZ AIR”, or similar

infringing products;

v. Continuing to operate the Infringing Sites set forth on

Schedule A, and any similar sites;

b) Require Defendants to account for their profits;

c) Award Ontel its actual damages, or in the alternative, statutory

damages for willful copyright infringement pursuant to 17 U.S.C.

§ 504.

d) Award Ontel its actual damages, or in the alternative, statutory

damages for willful trademark counterfeiting pursuant to 15

U.SC. § 1117(c);

e) Award Ontel an amount equal to Defendants’ profits and all

damages sustained by Ontel for Defendants’ violation of 15

U.S.C. § 1125(a);

f) Award Ontel an amount equal to adequate compensation for

Defendants’ patent infringement, multiplied by three pursuant to

35 U.S.C. § 284;

g) Award Ontel the costs associated with bringing this action; and

h) Award Ontel interest and reasonable attorneys’ fees.

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 Respectfully submitted,

/s/Christopher J. Ryan
DICKINSON WRIGHT PLLC
John S. Artz (P48578)
Christopher J. Ryan (P74053)
350 S. Main Street, Ste 300
Ann Arbor, MI 48104
(734) 623-1907
cryan@dickinsonwright.com

Jenny T. Slocum (applying Pro Hac Vice)

1825 Eye St. Suite 900
Washington, DC 20006

Attorneys for Plaintiff

Dated: November 24, 2020

JURY DEMAND
Plaintiff ONTEL PRODUCTS CORPORATION hereby demands a trial

by jury of all issues so triable.

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4830-7550-6897 v6 [64944-1641]
 Respectfully submitted,

/s/Christopher J. Ryan
DICKINSON WRIGHT PLLC
John S. Artz (P48578)
Christopher J. Ryan (P74053)
350 S. Main Street, Ste 300
Ann Arbor, MI 48104
(734) 623-1907
cryan@dickinsonwright.com

Jenny T. Slocum (applying Pro Hac Vice)

1825 Eye St. Suite 900
Washington, DC 20006

Attorneys for Plaintiff

Dated: November 24, 2020

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 SCHEDULE A

1) Get-polair.com 38) Techxdeal.org

2) Airfreez.store 39) Xtechgadget.com
3) Techmsx.com 40) Buy-cleant.com
4) Buysmartproduct.com 41) Popularhitech.com
5) Hyperstech.net 42) Niwiminipods.com
6) iApplexa.com 43) Tryecoheats.com
7) iGadget24.com 44) Matrixeshop.com
8) hypertechz.com 45) Fresh-r.co
9) miniaircooler.com 46) Freshrofficial.com
10) get.coolair-original.com
11) techsxpro.com
12) novads.co
13) techxsv.com
14) cool-air.shop/coolairen
15) coolair-official.store
16) hyperstech.com
17) buy-coolz.com
18) techdailyx.com
19) applexa24.com
20) G63com.com
21) Buyudrone.com
22) Getwondabra.com
23) Gadgetmall247.com
24) Free-the-internet.com
25) Bestxtech.org
26) Urgoodeal.com
27) Smartgadgetpro.com
28) I-want-internet.com
29) Internet-for-everyone.com
30) Flightxshop.com
31) Buyvisionpro.com
32) Buysealpro.com
33) Boost-my-internet.com
34) Give-me-internet.com
35) Give-me-fast-internet.com
36) Amazingxtech.com
37) Techxdeal.com

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 UNITED STATES DISTRICT COURT

IN THE EASTERN DISTRICT OF MICHIGAN

ONTEL PRODUCTS CORPORATION,

Plaintiff,
Case No.
v.
Hon.

JOHN/JANE DOE 1-10 Owners/Operators

of websites Listed on Schedule A,
HYPER Z TECH LTD,
HYPER SLS LTD,
TECH X DEAL LTD,
NOVADS OU,
APPLEXA LTD, and
G COM PTE, LTD,

Defendants.

DICKINSON WRIGHT PLLC

John S. Artz (P48578)
Christopher J. Ryan (P74053)
350 S. Main Street, Ste 300
Ann Arbor, MI 48104
(734) 623-1907
cryan@dickinsonwright.com

VERIFICATION

I, CAROLINE KINSEY, declare:

I am General Counsel and Vice President of Compliance and

Brand Protection for Ontel Products Corporation.

4817-7067-3106 v1 [64944-1641]
 I have reviewed Plaintiff’s Verified Complaint and Plaintiff’s Ex Parte

Motion for Temporary Restraining Order, Preliminary Injunction, and

Immediate Discovery and Brief in Support.

The facts alleged in the foregoing documents are true to the best of my

information, knowledge, and belief.

I declare under penalty of perjury under the laws of the United States
of America that the foregoing is true and correct.

Executed on November 23, 2020.

_______________________________
CAROLINE KINSEY

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