Case 1:21-cv-11018 Document 1 Filed 12/22/21 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK

BLACKBIRD TECH LLC d/b/a

BLACKBIRD TECHNOLOGIES,
C.A. No. 1:21-cv-11018
Plaintiff,
JURY TRIAL DEMANDED
v.

ARGENTO SC BY SICURA, INC.

Defendant.

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Blackbird Tech LLC d/b/a/ Blackbird Technologies (“Blackbird Technologies”

or “Plaintiff”)) hereby alleges for its Complaint for Patent Infringement against Defendant

Argento SC By Sicura, Inc. (“Argento” or “Defendant”), on personal knowledge as to its own

activities and on information and belief as to all other matters, as follows:

THE PARTIES

1. Plaintiff Blackbird Technologies is a company organized under the laws of

Delaware, with its principal place of business located at One Boston Place, Suite 2600, Boston,

MA, 02108.

2. Defendant Argento SC By Sicura, Inc. is a corporation organized under the laws of

New York, with its principal place of business located at 420 5th Ave, 15th Floor, New York, NY

10018.

JURISDICTION AND VENUE

3. This is an action for patent infringement arising under the provisions of the Patent

Laws of the United States of America, title 35, United States Code §§ 100, et sec.

4. Subject-matter jurisdiction over Blackbird Technologies’ claims is conferred upon

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this Court by 28 U.S.C. § 1331 (federal question jurisdiction) and 28 U.S.C. § 1338(a) (patent

jurisdiction).

5. This Court has personal jurisdiction over Defendant because Defendant is subject

to general and specific jurisdiction in the state of New York. Defendant is subject to personal

jurisdiction because Defendant is a New York corporation and because Defendant has transacted

business within New York and committed acts of patent infringement in New York. Defendant

has made certain minimum contacts with New York such that the maintenance of this suit does

not offend traditional notions of fair play and substantial justice. Defendant regularly conducts

business in New York by maintaining a corporate headquarters located in New York. Defendant

has marketed, offered, and provided the infringing instrumentality in New York to citizens of New

York through its retailers, including through retailer Nordstrom Rack

(https://www.nordstromrack.com/). The exercise of personal jurisdiction comports with

Defendant’s right to due process because, as described above, Defendant has purposefully availed

itself of the privilege of New York corporate laws and of conducting activities within New York

such that it should reasonably anticipate being haled into court here. As alleged herein, the acts by

Defendant in this district have caused injury to Blackbird Technologies.

6. Venue is proper in the Southern District of New York pursuant to 28 U.S.C. §

1391(b) and (c) and § 1400(b) at least because Defendant resides in New York, has a principal

place of business in the Southern District of New York, transacts business within this district, and

has committed acts of infringement in this district.

COUNT I – INFRINGEMENT OF U.S. PATENT NO. D720,933

7. Blackbird Technologies reasserts and incorporates herein by reference the

allegations of all preceding paragraphs of this Complaint as if fully set forth herein.

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8. U.S. Design Patent No. D720,933 (the “’933 patent”) entitled, “Face Washing

Brush,” was duly and legally issued by the U.S. Patent and Trademark Office on January 13, 2015.

9. Blackbird Technologies is the owner by assignment of all right, title, and interest

in and to the ’933 patent, including all right to recover for any and all infringement thereof. The

’933 patent is valid and enforceable. A true and correct copy of the ’933 patent is attached as

Exhibit A.

10. The claims of the ’933 patent are directed to a unique ornamental design for a face

washing brush, as shown and described.

11. Argento has not obtained permission from Blackbird Technologies to use the design

of the ’933 patent.

12. Below is a side-by-side comparison of the patented design of the ’933 patent and

the Dabney Lee Dual-Action Face Brush product (https://www.nordstromrack.com/s/dabney-lee-

dual-action-face-brush-pink/6112448?origin=category-personalizedsort&breadcrumb=Home

%2FWomen%2FBeauty%2FSkin%20Care%2FTools%20%26%20Devices&color=000). As is

apparent, Argento has misappropriated Blackbird Technologies patented design.

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’933 Patent Accused Dabney Lee Dual-Action Face Brush

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’933 Patent Accused Dabney Lee Dual-Action Face Brush

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’933 Patent Accused Dabney Lee Dual-Action Face Brush

13. Argento has infringed and continues to infringe the ’933 patent by manufacturing,

using, distributing, offering to sell and/or selling in the United States the Dabney Lee Dual-Action

Face Brush, which embodies the design covered by the ’933 patent. Argento’s infringing activities

violate 35 U.S.C. § 271.

14. Blackbird Technologies is informed and believes, and on that basis alleges, that

Argento has gained profits by virtue of its respective infringement of the ’933 patent.

15. Blackbird Technologies has sustained damages as a direct and proximate result of

Argento’s infringement of the ’933 patent.

16. As a consequence of Argento’s past infringement of the ’933 patent, Blackbird

Technologies is entitled to the recovery of past damages in the form of, at a minimum, a reasonable

royalty.

17. As a consequence of Argento’s past infringement of the ’933 patent, Blackbird

Technologies is entitled to restitutionary relief against Argento in the form of disgorgement of

wrongfully obtained profits pursuant to 35 U.S.C. §289 and any other appropriate relief.

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18. As a consequence of Argento’s continued and future infringement of the ’933

patent, Blackbird Technologies is entitled to royalties for its infringement of the ’933 patent on a

going-forward basis.

PRAYER FOR RELIEF

WHEREFORE, Blackbird Technologies respectfully requests that this Court enter

judgment against Defendant, as follows:

A. Adjudging that Defendant has infringed the ’933 patent, in violation of 35 U.S.C.

§ 271(a);

B. An award of damages to be paid by Defendant adequate to compensate Blackbird

Technologies for Defendant’s past infringement and any continuing or future infringement up until

the date such judgment is entered, and in no event less than a reasonable royalty, including interest,

costs, and disbursements pursuant to 35 U.S.C. § 284 and, if necessary to adequately compensate

Blackbird Technologies for Defendant’s infringement, an accounting of all infringing sales

including, but not limited to, those sales not presented at trial;

C. Alternatively, an award of restitutionary relief against Defendant in favor of

Blackbird Technologies, including disgorgement of wrongfully obtained profits pursuant to 35

U.S.C. § 289 and any other appropriate relief;

D. Ordering Defendant to continue to pay royalties to Blackbird Technologies for

infringement of the ’933 patent on a going-forward basis;

E. Adjudging that this case is exceptional under 35 U.S.C. § 285 and awarding costs,

expenses, and attorneys’ fees to Blackbird Technologies;

F. Awarding Blackbird Technologies pre-judgment and post-judgment interest at the

maximum rate permitted by law on its damages; and

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G. Granting Blackbird Technologies such further relief as this Court deems just and

proper under the circumstances.

DEMAND FOR JURY TRIAL

Blackbird Technologies demands a trial by jury on all claims and issues so triable.

Dated: December 22, 2021 STAMOULIS & WEINBLATT LLC

/s/ Stamatios Stamoulis

Stamatios Stamoulis
stamoulis@swdelaw.com
Richard C. Weinblatt
weinblatt@swdelaw.com
800 N. West Street, Third Floor
Wilmington, DE 19801
Telephone: (302) 999-1540

VERLANDER LLP

Wendy Verlander
wverlander@verlanderllp.com
200 Baker Avenue, Suite 303
Concord, MA 01742
(617) 307-7100

Jeffrey Ahdoot
jahdoot@verlanderllp.com
600 14th Street NW, 5th Floor
Washington, DC 20005
(202) 800-5771

Attorneys for Plaintiff

Blackbird Tech LLC
d/b/a Blackbird Technologies

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EXHIBIT A
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USOOD720933S

(12) United States Design Patent (10) Patent No.: USD720,933 S

Albers (45) Date of Patent: Jan. 13, 2015
(54) FACE WASHING BRUSH FOREIGN PATENT DOCUMENTS
KR 30-0292523 S * 2, 2008
(75) Inventor: Oliver Albers, Oakland, CA (US)
OTHER PUBLICATIONS
(73) Assignee: Luft Industrie Inc., Oakland, CA (US) CN 3438258D Registered Design, (Li, Shaotang) Apr. 13, 2005,
online, retrieved on Mar. 9, 2013 Retrieved from the State Intel
(**) Term: 14 Years lectual Property Office's CNIPR Database using the Internet: <URL:
http://www.cnipr.com.*
(21) Appl. No. 29/408,369 CN 30 1548732 Registered Design, (Chen, Qiwei) May 18, 2011,
online), retrieved on Mar. 9, 2013 Retrieved from the Questel
1-1. Intellectual Property Portal Design Database using the Internet:
(22) Filed: Dec. 12, 2011 <URL:: http://www.orbit.com.
http: ck
(51) LOC (10) Cl. ................................................ 04-01 CN301600170 Registered Design Application, (Ge. Senjie) Jun. 29,
2011, online, retrieved on Mar. 9, 2013 Retrieved from the
(52) U.S. Cl. Questel Intellectual Property Portal Design Database using the
USPC ............................... D4/120; D4/127; D4/136 Internet: <URL: http://www.orbit.com.*
(58) Field of Classification Search k .
CPC Achooo...A.B 900s. A46B 902. ''''''"
A46B 9/06; A46B 15700; A46B 15/0032: Primary Examiner — Melanie H Tung
A46B 15/1075; A46B 2200/1006; A46B Assistant Examiner — Lavone D Tabor
2200/102: A46B 2200/1033: A47L23/05; (74) Attorney, Agent, or Firm — Onello & Mello, LLP
A47L 23/12 (57) CLAM
USPC .................. D4/119, 120, 127, 132, 134, 136: The ornamental design for a face washing brush, as shown
D28/63; 15/1431, 159.1, 160, and described.
15/186-188, 106, 107, 110, 167.2: DESCRIPTION
6O1/136. 137
See application file for complete search history. s FIG. 1 is a side view of-a- face
with the present invention; - washing brush, in accordance
FIG. 2 is a front view thereof;
(56) References Cited FIG. 3 is a rear view thereof;
U.S. PATENT DOCUMENTS FIG. 4 is a perspective view thereof; and,
FIG. 5 is a top view thereof.
D157,707 S * 3/1950 Shelsey .......................... D4/120 The broken lines showing the handle of the brush in FIGS. 1-5
D206,792 S * 1/1967 Halberstadt ... D4/120 form no part of the claimed design.
D323,568 S * 1/1992 Hackler ... ... D28.63
2009, OO13487 A1* 1/2009 Lei. 151431 1 Claim, 5 Drawing Sheets

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U.S. Patent Jan. 13, 2015 Sheet 1 of 5 USD720,933 S

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U.S. Patent Jan. 13, 2015 Sheet 2 of 5 USD720,933 S

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 Case 1:21-cv-11018 Document 1-1 Filed 12/22/21 Page 5 of 7

U.S. Patent Jan. 13, 2015 Sheet 3 of 5 USD720,933 S

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U.S. Patent Jan. 13, 2015 Sheet 4 of 5 USD720,933 S

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 Case 1:21-cv-11018 Document 1-1 Filed 12/22/21 Page 7 of 7

U.S. Patent Jan. 13, 2015 Sheet 5 of 5 USD720,933 S

FIG. 5