Nail Alliance v. Vishine - Complaint

Case 8:22-cv-00937 Document 1 Filed 05/06/22 Page 1 of 31 Page ID #:1
Blank Rome LLP

1 Todd M. Malynn (SBN: 181595)
2029 Century Park East
2 6th Floor
Los Angeles, CA 90067
3 Telephone: 424.239.3400
Facsimile: 424.239.3434
4 todd.malynn@blankrome.com
5 Jonathan W.S. England (Pro Hac Vice to be filed)
jonathan.england@blankrome.com
6 1825 Eye Street, NW
Washington, DC 20006
7 Telephone: 202.420.2200
Facsimile: 202.420.2201
8
Attorneys for Plaintiffs
9 NAIL ALLIANCE, LLC AND
NAIL ALLIANCE – NORTH
10 AMERICA, INC.
11 UNITED STATES DISTRICT COURT
12 CENTRAL DISTRICT OF CALIFORNIA
13 NAIL ALLIANCE, LLC and Case No. 22-937
NAIL ALLIANCE – NORTH AMERICA,
14 INC., inclusive, COMPLAINT FOR:
15 Plaintiffs, (1) TRADE DRESS
INFRINGEMENT
16 vs.
(2) FALSE DESIGNATION OF
17 VISHINE ENTERPRISE LIMITED and ORIGIN
DOES 1-10, inclusive
18 (3) DESIGN PATENT
Defendant. INFRINGEMENT
19
(4) UTILITY PATENT
20 INFRINGEMENT
21 (5) UNFAIR COMPETITION
(CAL. BUS. & PROF. CODE §
22 17200 ET SEQ.)
23 JURY TRIAL DEMANDED
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PLAINTIFFS NAIL ALLIANCE, LLC AND NAIL ALLIANCE – NORTH AMERICA, INC. COMPLAINT
1 Plaintiffs Nail Alliance, LLC and Nail Alliance – North America, Inc.
2 (collectively, “Plaintiffs” or “Nail Alliance”), by and through counsel, hereby file
3 this Complaint for trade dress infringement, false designation of origin, patent
4 infringement, and unfair competition against Defendants Vishine Enterprise Limited
5 (“Vishine” or “Defendant”) and Does 1-10 (collectively with Vishine,
6 “Defendants”), and allege on knowledge as to Plaintiffs’ actions, and otherwise
7 upon information and belief, as follows:
8 PARTIES
9 1. Plaintiff Nail Alliance, LLC is a limited liability corporation duly
10 organized under the laws of Delaware, with its principal place of business in
11 Gladstone, Missouri. Nail Alliance LLC owns and holds intellectual property rights
12 recognized and protected by U.S. Trademark Registration Nos. 3,857,946,
13 4,096,115, 4,473,557, and 4,473,558, U.S. Patent No. D656,824 to a Bottle with
14 Transparent Window, and U.S. Patent No. 8,528,739 entitled Package for Colored
15 Products. Nail Alliance, LLC licenses use of these patents and trademarks to Nail
16 Alliance – North America, Inc.
17 2. Nail Alliance – North America, Inc., formally known as Hand & Nail
18 Harmony, Inc., is a corporation duly organized under the laws of the State of
19 California, with its principal place of business in Brea, California. Nail Alliance –
20 North America, Inc. manufactures, distributes, and sells high-quality, soak-off gel
21 polishes and other nail products, accessories, and preparations under the patents and
22 trademarks licensed from Nail Alliance, LLC, through its qualified distributors, and
23 sells its products licensed under the patents and trademarks of Nail Alliance, LLC to
24 stores, boutiques, and salons in this Judicial District and throughout the world.
25 3. On information and belief, Vishine is a limited company organized
26 under the laws of China, doing business at Unit B, Neich Tower, 128 Gloucester
27 Rd., Wanchai, Hong Kong. Defendant manufactures, distributes, markets, sells,
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1 offers to sell and/or ships look-a-like, infringing products over the Internet to
2 consumers in California and in other states.
3 4. Does 1-10 are unknown to Plaintiffs, who therefore sues said defendants
4 by such fictitious name. Does 1-10 aid and abet Defendant’s infringing conduct
5 designed to harm Nail Alliance in California, and in conspiracy with Defendant
6 manufacture, distribute, market, sell, offer to sell and ship Defendant’s look-a-like,
7 infringing products over the Internet to consumers in California and in other states.
8 Does 1-10 include but are not limited to persons using ever-changing fictious names
9 to sell Defendant’s products over Internet marketplaces. Plaintiffs will seek leave of
10 Court to amend this Complaint to insert the true name and capacities of said
11 defendants when the same has been ascertained. Plaintiffs, upon information and
12 belief, alleges that Does 1-10 are each legally responsible with Defendant in some
13 manner for the events and happenings herein alleged and that Plaintiffs’ damages as
14 alleged herein were proximately caused by Defendants, and each of them.
15 JURISDICTION AND VENUE
16 5. This is a civil action for patent infringement, trade dress infringement,
17 and unfair competition in violation of the laws of the United States and the State of
18 California. Plaintiffs seek an injunction and an award of profits, damages, and
19 related relief.
20 6. This Court federal question jurisdiction over this civil action pursuant to
21 28 U.S.C. §§ 1331 and 1338 and also because the action presents a federal question
22 under the Lanham Act, 15 U.S.C. §§ 1114 and 1125(a) and the Patent Act, 35
23 U.S.C. § 271. This Court has supplemental jurisdiction over all other claims
24 asserted herein under 28 U.S.C. §§ 1338(b) and 1367(a). This Court may assume
25 jurisdiction over the state law claims as the federal and state claims are both based
26 on the same operative facts, and judicial economy, convenience, and fairness to the
27 parties will result in such assumption of jurisdiction.
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1 7. Defendants are subject to this Court’s specific personal jurisdiction

2 pursuant to due process and the California’s long arm statute, Code of Civil
3 Procedure § 410, which authorizes California courts to exercise jurisdiction on any
4 basis that is not inconsistent with the Constitution of the United States or the
5 Constitution of California. See, e.g., Luberski, Inc. v. Oleficial F.LLI Amato S.R.L.,
6 171 Cal. App. 4th 409, 413 (2009).
7 8. Among other reasons, Defendants are subject to personal jurisdiction in
8 California because of their purposeful availment of the benefits and protections of
9 California and its laws, and because this lawsuit arises directly out of Defendants’
10 substantial business contacts within the state of California and within this judicial
11 district. Among other contacts, Defendants sell and ship Defendant’s infringing
12 products to consumers in California or are otherwise responsible for Defendant’s
13 wrongful contact directed towards Californians and harming Nail Alliance in
14 California. Defendant’s infringing products are available for purchase throughout
15 this Judicial District to consumers in California, including nail salons and through e-
16 commerce stores that are accessible in California, such as, Amazon.com,
17 Walmart.com, eBay.com, and Alibaba.com. As an example, Plaintiffs purchased a
18 sample of the infringing Vishine gel polish in Brea, California.
19 9. In addition, Defendants have committed and are committing acts of
20 direct infringement in this district, including currently and in the past using,
21 importing, selling, and/or offering for sale the products accused of infringement in
22 this District, such that it would be reasonable for this Court to exercise jurisdiction
23 over Defendants with respect to a claim of trademark and patent infringement and
24 unfair competition which is directly related to each Defendants’ commercial
25 activities in this State and in this Judicial District.
26 10. This Court has personal jurisdiction over Defendants because
27 Defendants, inter alia, transacts business in the State of California and within this
28 District, engages in a persistent course of conduct in the State of California and
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1 within this District, and expects, or should reasonably expect, its act to have legal
2 consequences in the State of California.
3 11. Venue is proper in this Court pursuant to 28 U.S.C. § 1391 since, upon
4 information and belief, Defendants are foreign persons or entities engaged in
5 infringing activities and are causing harm within the district by advertising, offering
6 to sell and/or selling infringing products to consumers in California, including
7 through e-commerce stores that are accessible in California.
8 12. Venue is proper in this district under 28 U.S.C. § 1400(b).
9 13. The Federal Circuit has ruled in In re HTC Corp., 889 F.3d 1349, 1354
10 (Fed. Cir. 2018) that the Supreme Court’s ruling in TC Heartland LLC v. Kraft
11 Foods Group Brands LLC, 137 S.Ct. 1514 (2017) did not apply to a foreign (alien)
12 corporation. In doing so, the Federal Circuit reaffirmed the longstanding rule that
13 suits against a foreign (alien) defendant “are wholly outside the operation of all the
14 federal venue laws, general and specific.”
15 14. As a result of the foregoing, each foreign (alien) corporation is “present”
16 in this Judicial District and can be sued in this Judicial District.
17 15. This Judicial District is an appropriate and convenient forum for this
18 patent and trademark infringement and unfair competition suit against the
19 Defendant.
20 16. It would be unreasonable and unfair for any Defendant to be able to
21 freely take advantage of and purposefully target the vast market within this Judicial
22 District for its infringing products on the one hand, and then contend that it cannot
23 be sued here because a court in this State and this Judicial District cannot exercise
24 personal jurisdiction over it, or that this Judicial District would not be an appropriate
25 venue for the present patent infringement suit. This is precisely the situation which
26 California’s Long Arm Statute and the venue rules as to foreign (alien) corporations
27 are intended to address, and do address, by allowing for personal jurisdiction by this
28 Court over the Defendant and in this venue under these circumstances.
4
1 REGISTERED TRADEMARKS-IN-SUIT
2 17. On January 28, 2014, the U.S. Patent and Trademark Office (“USPTO”)
3 duly and legally issued U.S. Trademark Registration Number 4,473,557 (“the ’557
4 Trademark”). A true and correct copy of the ’557 Trademark registration is
5 attached as Exhibit A. The ’557 Trademark consists of a three-dimensional
6 configuration of the packaging. A copy of the ’557 Trademark is reproduced below.
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15 18. On January 28, 2014, the USPTO duly and legally issued U.S.
16 Trademark Registration Number 4,473,558 (“the ’558 Trademark”). A true and
17 correct copy of the ’558 Trademark registration is attached as Exhibit B. The ’558
18 Trademark consists of a three-dimensional configuration of the packaging. A copy
19 of the ’558 Trademark is reproduced below.
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1 19. Nail Alliance, LLC is the owner of all right, title, and interest in and to
2 the ’557 and ’558 Trademarks (“Trademarks-in-Suit”), including the right to
3 prosecute this action and to collective and receive damages for all past, present, and
4 future infringements. Nail Alliance, LLC has granted a license to Nail Alliance –
5 North America, Inc. to the Trademarks-in-Suit.
6 REGISTERED PATENTS-IN-SUIT
7 20. On April 3, 2012, the USPTO duly and legally issued U.S. Patent
8 Number D656,824 (“the ’824” Patent”), entitled “Bottle with Transparent Window.”
9 The named inventor of the ’824 Patent is Danny Lee Haile. Danny Lee Haile
10 assigned the entire right, title, and interest in and to the ’824 Patent to Nail Alliance,
11 LLC. A true and correct copy of the ’824 Patent is attached hereto as Exhibit C.
12 21. The ’824 Patent discloses and claims the ornamental design for a bottle
13 with transparent window, which is described and shown from multiple perspectives
14 in Figures 1-5 of the ’824 Patent, reproduced below.
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26 22. On September 10, 2013, the USPTO duly and legally issued U.S. Patent
27 Number 8,528,739 (“the ’739 Patent”), entitled “Package for Colored Products.”
28 The named inventor of the ’739 Patent is Danny Lee Haile. Danny Lee Haile
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1 assigned the entire right, title, and interest in and to the ’739 Patent to Nail Alliance,
2 LLC. A true and correct copy of the ’739 Patent is attached as Exhibit D.
3 23. Nail Alliance, LLC is the owner of all right, title, and interest in and to
4 the ’824 and ’739 Patents (collectively, the “Patents-in-Suit”), including the right to
5 prosecute this action and to collective and receive damages for all past, present, and
6 future infringements. Nail Alliance, LLC has granted a license to Nail Alliance –
7 North America, Inc. to practice the Patents-in-Suit.
8 FACTUAL BACKGROUND
9 A. GELISH® BRAND NAIL PRODUCTS
10 24. GELISH brand nail products, including gel polish, foundation, topcoat
11 and other nail care preparations, are known throughout and famous within the nail
12 industry for their high quality, range of colors, durability, ease-of-use, consistency
13 and beauty.
14 25. Plaintiffs’ principal, Danny Haile, invented the first brush-on, soak-off
15 gel polish, which Nail Alliance began selling in earnest in 2010 under the federally
16 registered trademark “GELISH.” GELISH brand gel polish has the benefits of both
17 a traditional nail polish (vibrant colors and a brush on application and finish) and a
18 hard gel (long lasting wear).
19 26. GELISH brand gel polish revolutionized the nail industry. Prior to Mr.
20 Haile’s invention, consumers generally frequented salons on select occasions for
21 pampering or professional treatment. They normally did not go to salons for the
22 application of a nail polish, for example, which they could apply at home. Because
23 nail polish only lasted a few days before chipping or cracking, it is prohibitively
24 expensive for most U.S. consumers to frequent a salon just for nail polish.
25 Moreover, although salons offered alternative and longer lasting products such as
26 acrylics and hard-gels, consumers generally preferred the natural look and
27 convenience of a traditional nail polish. GELISH brand gel polishes solved these
28 problems for salons and professional nail technicians.
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1 27. GELISH brand products provided salons and professional nail

2 technicians new opportunities to grow their business and expand their services.
3 GELISH brand gel polish, foundation, and topcoat provided nail technicians with
4 new products to use as part of the services they offered to consumers. For example,
5 because of GELISH brand gel polish, consumers could now frequent salons and
6 obtain a natural, nail-polish look in a convenient finish that would last three to four
7 weeks. They could obtain vibrant color on a natural nail with a long wear finish that
8 was easier to remove than an acrylic or hard gel. As a result, GELISH brand
9 products substantially increased salon business and have experienced tremendous
10 commercial success in the United States and around the world.
11 28. GELISH brand products have won numerous awards, including new
12 product recognition awards, including the following:
13 • Nails Magazine’s Readers’ Choice Awards: Favorite New
14 Product (2010, 2013); Favorite Gel Polish (2012, 2013, 2017); Favorite Base
15 Coat (2012, 2017); Favorite Nail Enhancement (2012, 2013); Favorite Topcoat
16 (2012); Favorite Implementing Tools (2012); Favorite New Product (2017);
17 Favorite Nail Enhancement System (2017);
18 • NailPro’s Readers’ Choice Awards: Best Gel Polish (2013, 2014,
19 2015, 2016, 2017); Best Brush for Enhancements (2013, 2014, 2015, 2016);
20 Best Nail Treatment (2015); Best Colored Hard Gel (2015); Best New Product
21 (2017);
22 • Beauty Launchpad’s Readers’ Choice Awards: Best Gel Polish
23 (2013, 2014, 2015, 2016, 2017, 2018); Best Nail Care (2016, 2017);
24 • Nails’ Readers’ Choice Awards: Favorite Gel Polish (2011);
25 Favorite New Product (2012, 2013); Favorite Hard Gel (2014);
26 • Pro Esthetic’s Product of the Year (2010) and Most Innovative
27 Nail Product of the Year (2018);
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1 • Professional Beauty & Wellness’ Innovative Product of the Year

2 (2011);
3 • Elle Beauty’s IT List (2011);
4 • Pro Hair & Beauty’s Readers’ Choice Awards: Best Gel Product
5 (2014);
6 • Scratch: Best Education & Training (2014);
7 • Design Nail Magazine’s Readers’ Choice Awards: Most
8 Innovative New Product (2017); and
9 • The National Beauty Awards: Best Hand & Nail Product (2018).
10 29. GELISH brand products have been a huge commercial success.
11 According to a 2021 Kline Report, Nail Alliance has become the largest privately
12 held manufacturer of professional nail products around the world and second largest
13 manufacturer, overall, exceeding such competitors as Revlon and L’Oréal, among
14 other cosmetic manufacturers.
15 30. Consumers recognize GELISH brand products by their trademarks and
16 the distinctive trade dress of the GELISH brand bottles. Nail Alliance’s unique,
17 distinct, and well-known GELISH trademarks and trade dress have contributed to
18 making the GELISH brand a commercial success.
19 31. Upon information and belief, consumers recognize GELISH products by
20 these unique, distinctive, and well-known trademarks, trade dress, and bottle, all of
21 which have acquired secondary meaning, and routinely ask for GELISH brand
22 products by name.
23 32. The GELISH mark is protected by multiple federal trademark
24 registrations, including U.S. Trademark Registration Nos. 4,096,115 and 3,857,946.
25 33. The GELISH design and bottle design, which includes a unique three-
26 dimensional configuration and scrollwork pattern is also protected by the
27 Trademarks-in-Suit and Patents-in-Suit.
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1 34. Nail Alliance, LLC has a license agreement with Nail Alliance – North
2 America, Inc., under which Nail Alliance – North America, Inc. has worldwide
3 rights to the GELISH marks, trade dress and bottle. Nail Alliance – North America,
4 Inc. has manufactured, distributed and sold high-quality gel polish, foundation and
5 topcoat under the GELISH brand in the GELISH bottle (the “GELISH products”).
6 GELISH products have been sold in distinctive bottles illustrated below (foundation
7 left, gel polish center, topcoat right).
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21 35. GELISH brand foundation and topcoat are designed to be used in

22 connection with GELISH gel polish (the color of the gel polish is shown through a
23 patent protected transparent window in the GELISH brand bottles). Foundation is
24 applied before the gel polish, and the topcoat is used after the gel polish is applied,
25 to help obtain the desired long-lasting look and finish. Exemplary depictions of the
26 GELISH trade dress and bottles used for the GELISH foundation, gel polish, and
27 topcoat are shown above.
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1 36. Beginning in January 2010, GELISH brand products were sold in Nail
2 Alliance’s bottle bearing the registered GELISH marks and trade dress.
3 37. In support of its brand, Nail Alliance has spent millions of dollars
4 advertising GELISH brand goods in a wide variety of media, including online, trade
5 shows, trade publications, and industry conventions. Nail Alliance has emphasized
6 the GELISH brand name, trade dress, and bottles in such advertisements.
7 38. As a result of Nail Alliance’s advertisement, high quality, distinctive
8 products and third-party publications and recognition, the GELISH marks, including
9 trade dress and bottle, qualify as “famous” as the term is used in 15 U.S.C.
10 § 1125(c)(1) or have acquired secondary meaning. They are readily identifiable and
11 help customers distinguish Nail Alliance’s high quality GELISH products from the
12 goods and sources of origin of others.
13 39. The GELISH marks, trade dress and bottle are symbols of the brand’s
14 quality, reputation, and goodwill.
15 40. Nail Alliance sells GELISH products to professional boutiques, salons,
16 and supply stores throughout the United States and around the world through a
17 network of qualified distributors. Such professional boutiques, salons and supply
18 stores display the GELISH products for use on end users (e.g., customers of nail
19 salons who purchase a GELISH manicure service).
20 41. Nail Alliance does not market to or sell GELISH products directly to
21 end users but are for professional use only, including because of the cost and size of
22 the bottles. Similarly, Nail Alliance’s authorized distributors are restricted in selling
23 GELISH products over the Internet. Nail Alliance’s distribution agreements restrict
24 Internet sales to combat the proliferation of counterfeit products, which have
25 historically been sold over the Internet.
26 42. GELISH products are intended for and advertised for professional use
27 only because quality nail products and professional application are important to
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1 avoid risks of harm to consumers. Cheap, low-quality products and poor

2 unprofessionally trained applications can cause harm to consumers.
3 43. GELISH products are designed to cure (harden) in response to LED
4 light. Hence, many gel polish products are sensitive to one or more wavelengths of
5 light, for example, ultraviolet light. The premature application of such wavelengths
6 of light can prematurely cure or spoil a gel polish in the bottle.
7 44. As part of Nail Alliances’ continued improvement in the gel polish
8 industry, Nail Alliance surprisingly discovered that a light-sensitive or light-
9 activated product, for example, a gel polish, can be stored and merchandised in a
10 container, and by the inclusion of a small transparent product viewing area, the
11 product’s color can be observed by an end user. Nail Alliance further identified that
12 the ornamental design of the transparent viewing area is novel.
13 45. The GELISH brand bottles are protected by the Patents-in-Suit and
14 incorporate the patented ornamental design and utility of the transparent viewing
15 area in the gel polish bottle.
16 46. As a result, the GELISH brand bottles for gel polish are protected by
17 both the Trademarks-in-Suit and the Patents-in-Suit, as well as common law rights
18 against unfair competition.
19 47. Nail Alliance monitors and polices the use of the GELISH marks and
20 bottle design and utility.
21 48. Nail Alliance has given notice, including to Defendant, pursuant to 15
22 U.S.C. § 1111 by marking GELISH goods with the ® symbol to notify others that
23 the GELISH marks are the subject of federal trademark registrations.
24 49. The Trademarks-in-Suit, bottle, and Patents-in-Suit have never been
25 assigned or licensed to any of the Defendants in this matter.
26 B. DEFENDANTS’ SPURIOUS AND INFRINGING ACTIVITIES
27 50. Defendants are manufacturing, purchasing, promoting, distributing,
28 advertising, offering to sell, and/or selling counterfeit, spurious, and/or confusingly
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1 similar products as the GELISH brand products in the United States, including in
2 California.
3 51. Defendants have knowledge of Nail Alliance’s exclusive patent and
4 trademark rights in and to the GELISH marks and bottle, including their exclusive
5 right to use the GELISH marks and trade dress and the goodwill associated
6 therewith in the United States and around the world. Notice have been specifically
7 provided to Defendants, including through cease and desist correspondence and
8 numerous take-down requests on Internet platforms.
9 52. The infringing products sold by Defendants are confusingly similar and
10 nearly identical in appearance in terms of the trade dress and patented features of
11 genuine GELISH brand products. Vishine also use a nearly identical trade dress as
12 well as the patented features of the Patents-in-Suit on counterfeit and/or spuriously
13 similar bottles, which include the same or substantially similar artwork, bottle, and
14 bottle designs.
15 53. The image below, taken from https://www.amazon.com/Vishine-Gel-
16 Nail-Polish-Starter/dp/B07JDDC866?th=1, illustrates representative imitations from
17 Defendant infringing upon Nail Alliance’s intellectual property. These examples of
18 infringing product are advertised as part of the Vishine Gel Nail Polish Starter Kit.
19 The infringing products include Vishine’s “gelpolish” products and associated
20 foundation and topcoats in substantively similar infringing bottles:
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1 54. The infringing Vishine product incorporates Nail Alliances’ GELISH

2 trade dress and the functional and ornamental features of the Patents-in-Suit through
3 its inclusion of the solid background and scroll work thereon and the inclusion of
4 the transparent window.
5 55. Upon information and belief, the Vishine gel polish bottle has a coating
6 intended to protect the gel polish from UV light, e.g., a UV resistant coating. Upon
7 information and belief, the Vishine bottle further includes a transparent viewing port
8 that does not contain the UV resistant coating.
9 56. Vishine has been promoting, distributing, advertising, selling, and/or
10 offering to sell counterfeit and/or spuriously imitations of GELISH brand products
11 utilizing its own respective Internet domain names.
12 57. Vishine has made its infringing products available on-line, including
13 from its own website at:
14 https://web.archive.org/web/20220328131137/https://www.vishine.com/.1
15 58. In addition, upon information and belief, Vishine is promoting,
16 distributing, advertising, selling, and/or offering to sell counterfeit and/or spurious
17 imitations of GELISH brand products utilizing third party e-commerce websites
18 such as Amazon.com, Walmart.com, eBay.com, and Alibaba.com.
19 59. Does 1-10 have been promoting, distributing, advertising, selling, and/or
20 offering to sell counterfeit and/or spurious imitations of GELISH brand products in
21 conspiracy with Defendant and/or by aiding and abetting Defendant’s infringing
22 activity, including by utilizing third-party e-commerce websites such as
23 Amazon.com, Walmart.com, eBay.com, and Alibaba.com.
24 60. Upon information and belief, Vishine and Does 1-10 have, in concert,
25 been manufacturing, promoting, distributing, advertising, selling, and/or offering to
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28 The Internet Archive WayBackMachine provides additional evidence of the infringing products being offered for
sell on Vishine’s webpage www.vishine.com.
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1 sell counterfeit and/or spurious imitations of the GELISH brand gel polish,
2 foundation and topcoat, including but not limited to Vishine products.
3 61. On information and belief, nail salons in California and throughout the
4 United States have been and are purchasing Vishine’s counterfeit and/or spurious
5 imitations of GELISH brand products from Vishine and/or Does 1-10 through third
6 party e-commerce websites.
7 62. In fact, nail salons are brazenly displaying spurious imitations purchased
8 from Internet marketplaces on walls intermixed with counterfeit GELISH brand
9 products intending to confuse consumers and trade off the GELISH goodwill and
10 reputation. An example of such a display is shown below:
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24 63. As seen from a where a customer would be standing, neither the

25 counterfeit nor the spurious imitations of GELISH brand gel polish, foundation and
26 topcoat are readily discernable to a customer, and cause and/or are likely to cause
27 actual confusion as to the source or origin of the displayed product.
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1 64. Because consumers presumably trust their salon and/or nail technician
2 and that they are actually getting what they paid for – an authentic GELISH
3 manicure, they are necessarily confused and the GELISH brand’s goodwill and
4 reputation are necessarily diminished by these diverted sales.
5 65. Therefore, not only are nail salon owners and nail technicians likely to
6 be confused at the point of sale and at least be influenced by initial interest
7 confusion, but end-users are actually confused believing that they are getting an
8 authentic GELISH manicure when they are not.
9 66. Based upon the stolen trade dress and infringed patent design, customers
10 and/or end users actually and/or are likely to confuse the counterfeit and/or spurious
11 Vishine “gelpolish” products with the high quality GELISH brand products, thereby
12 tarnishing Nail Alliance’s GELISH brand.
13 67. Based on the design of Vishine’s bottles and the inclusion of Nail
14 Alliance’s trade dress, Defendants are intentionally marking and selling a product
15 designed to imitate or appear confusingly similar to GELISH brand products, both
16 when Vishine’s products are advertised and purchased over the Internet and when
17 displayed in a nail salon.
18 68. To prevent these salons from purchasing, displaying, advertising, and
19 selling these spurious imitations, Nail Alliance contracted with a brand protection
20 service to contact third party e-commerce websites to take down these infringing
21 products, to no avail, including for example, Amazon.com, Inc. Not only does the
22 process take time, thus allowing the infringing products to proliferate and injure the
23 GELISH brand, but the platforms do little or nothing to prevent Defendants from
24 reposting the same infringing listings and selling infringing product. Plaintiff has
25 been informed that absent a court order, they could (or would) not prevent the
26 reoccurring infringing listings and sales, even though representations were made to
27 Nail Alliance to the contrary when they registered with one or more of these
28 platforms to sell authentic GELISH brand products.
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1 69. With full knowledge of the counterfeit and suspect nature of the
2 products, Vishine and Does 1-10 are manufacturing, using, promoting, selling,
3 and/or otherwise advertising, distributing, and/or offering for sale substantial
4 quantities of such counterfeit product—fully knowing that these products, with their
5 inferior quality, will be mistaken for the genuine high quality of genuine GELISH
6 brand products offered for sale by Nail Alliance.
7 70. Defendants’ actions are designed to cause, and are causing, actual
8 confusion among consumers, including both end users and professional nail
9 technicians, who are led to believe, and believe, and if Defendants are not enjoined,
10 will continue to believe, that they have purchased or have received, or are receiving,
11 genuine GELISH brand products that originate from and are approved and/or
12 supported by Nail Alliance.
13 71. Nail Alliance is suffering irreparable harm due, not only to consumer
14 confusion, but also to, inter alia, the cheap/poor quality of the counterfeit product,
15 the lack of quality control and customer support thereof, the loss of control over
16 Nail Alliance’s famous GELISH marks and the reputation of GELISH products, and
17 the ongoing disparagement and diminution of the goodwill associated with the
18 GELISH brand.
19 72. Defendants’ wrongful conduct has caused Nail Alliance damages, the
20 full amount of which will be difficult to calculate but is not less than $2 million.
21 Since the acts of Vishine will continue in the future unless enjoined and restrained,
22 Nail Alliance has no adequate remedy at law.
23 73. On or about March 30, 2022, Nail Alliance’s representative sent a letter
24 to Vishine explicitly notifying Vishine of the Trademarks-in-Suit and the Patents-in-
25 Suit. A true and correct copy of the letters are attached as Exhibit E.
26 74. Although the address was verified through public sources, including the
27 USPTO, neither Nail Alliance nor Nail Alliance’s representatives received a
28 response from Vishine.
17
1 COUNT I: TRADE DRESS INFRINGEMENT

2 (Against All Defendants)
3 75. Plaintiff incorporates by reference the allegations contained in
4 paragraphs 1-74 above as if fully set forth herein.
5 76. Plaintiffs own protectable rights in the GELISH marks and trade dress,
6 including the Trademark-in-Suit, which are inherently distinctive and have acquired
7 secondary meaning as a designation of source or origin.
8 77. Defendants knowingly and without the consent of Plaintiffs have used in
9 commerce reproductions, counterfeit copies, confusingly similar products and
10 packaging, and nearly identical imitations of Plaintiffs’ registered marks and trade
11 dress in connection with the sale, offer for sale, distribution, and/or advertising of
12 goods, which is likely to cause confusion among consumers.
13 78. Notwithstanding Plaintiffs’ well-known and prior rights in the GELISH
14 marks and trade dress, including the Trademark-in-Suit, Defendants manufacture,
15 distribute, promote, offer for sale, and/or sell spurious imitation products, in or
16 affecting interstate commerce, in direct competition with the sale of genuine
17 GELISH products sold under the Trademarks-in-Suit.
18 79. The infringing products trafficked by Defendants are designed to look
19 like GELISH brand products. The bottles so closely imitate the GELISH trade dress
20 that Defendants’ activities are likely to, and are intended to, cause confusion among
21 consumers and have caused actual confusion in the marketplace.
22 80. Defendants’ unlawful, unauthorized and unlicensed manufacture,
23 promotion, distribution, offer for sale, and sale of infringing product create the
24 express or implied misrepresentation that the product was created, authorized,
25 approved and/or supported by Plaintiffs.
26 81. Defendants’ activities constitute trade dress infringement in violation of
27 Plaintiffs’ rights under 15 U.S.C. § 1114 and have caused and will continue to cause
28 Plaintiffs irreparable harm.
18
1 82. The infringing product is generally of inferior quality, lacks the same
2 quality control and customer support as authentic GELISH brand products, and the
3 sale thereof will necessarily damage and dilute the goodwill of Plaintiffs and the
4 GELISH brand, as well as the reputation Nail Alliance has developed in connection
5 with the sale of genuine GELISH brand products.
6 83. Plaintiffs have no adequate remedy at law as monetary damages are
7 inadequate to compensate Plaintiffs for the injuries caused by Defendants.
8 84. Unless immediately restrained and enjoined by this Court under 15
9 U.S.C. § 1116(a) and (d) and the equitable powers of this Court, Defendants will
10 persist in their activities and continue to cause Plaintiffs irreparable harm.
11 85. Plaintiffs are entitled to injunctive relief, including the seizure of
12 spurious goods.
13 86. Plaintiffs have suffered damages, including lost profits, according to
14 proof at trial, but in an amount of not less than $2 million dollars, including by not
15 less than $100,000 in damages per each of the Defendants’ unlawful activities.
16 87. In addition, and/or in the alternative, Plaintiffs are entitled to disgorge
17 and recover Defendants’ profits from their sales of infringing products.
18 88. Because of Defendants’ infringing activities were willful, malicious
19 and/or fraudulent, and/or because of the exceptional nature of this case, Plaintiffs
20 are entitled to enhanced (or treble) damages as well as an award of costs and
21 reasonable attorneys’ fees.
22 89. At Plaintiffs’ election, in lieu of compensatory damages according to
23 proof, Plaintiffs should be awarded statutory damages from Defendants in an
24 amount not more than $2 million per each colorable imitation of the Trademarks-in-
25 Suit used and product sold, offered for sale, or distributed, as provided by 15 U.S.C.
26 § 1117(c)(2) of the Lanham Act.
27
28
19
1 COUNT II: FALSE DESIGNATION OF ORIGIN

3 90. Plaintiffs incorporates by reference the allegations contained in
5 91. Plaintiffs own protectable rights in the GELISH marks and trade dress,
6 including the Trademark-in-Suit, which are inherently distinctive and have acquired
7 secondary meaning as a designation of source or origin.
8 92. Defendants knowingly and without the consent of Plaintiffs have used in
9 commerce reproductions, counterfeit copies, confusingly similar products and
10 packaging, and nearly identical imitations of Plaintiffs’ registered marks and trade
11 dress in connection with the sale, offer for sale, distribution, and/or advertising of
12 goods, which is likely to cause confusion among consumers.
13 93. Notwithstanding Plaintiffs’ well-known and prior rights in the GELISH
14 marks and trade dress, including the Trademark-in-Suit, Defendants manufacture,
15 distribute, promote, offer for sale, and/or sell spurious imitation products, in or
16 affecting interstate commerce, in direct competition with the sale of genuine
17 GELISH products sold under the Trademarks-in-Suit.
18 94. The infringing products trafficked by Defendants are designed to look
19 like GELISH brand products. The bottles so closely imitate the GELISH trade dress
20 that Defendants’ activities are likely to, and are intended to, cause confusion among
21 consumers and have caused actual confusion in the marketplace.
22 95. By misappropriating and using the GELISH marks, Defendants
23 misrepresent and falsely describes the content, origin, and source of their imitation
24 product in addition to creating a likelihood of and causing actual confusion.
25 96. The infringing product is generally of inferior quality, lacks the same
26 quality control and customer support as authentic GELISH brand products, and the
27 sale thereof will necessarily damage and dilute the goodwill of Plaintiffs and the
28
20
1 GELISH brand, as well as the reputation Nail Alliance has developed in connection
2 with the sale of genuine GELISH brand products.
3 97. Defendants’ unlawful, unauthorized and unlicensed manufacture,
4 promotion, distribution, offer for sale, and sale of infringing product creates the
5 express and implied misrepresentation that the product was created, authorized,
6 approved and/or supported by Plaintiffs.
7 98. Defendants’ activities violate 15 U.S.C. § 1125(a) in that their use in
8 commerce of the GELISH marks, trade dress and/or bottle, create a false
9 designation of origin. Defendants’ use, manufacture, promotion, distribution, offer
10 to sell, sale, and importation into the United States of infringing products that are
11 confusingly similar to the GELISH marks, bottle, and trade dress infringe Plaintiffs’
12 rights in violation of the Lanham Act and common law.
13 99. Defendants’ acts alleged above have caused, and if not enjoined will
14 continue to cause, irreparable and continuing harm to Plaintiffs’ trademark and trade
15 dress rights, business, reputation, and goodwill.
16 100. Plaintiffs have no adequate remedy at law.
17 101. Plaintiffs are entitled to injunctive relief, including the seizure of
18 counterfeit goods.
19 102. Plaintiffs have been damaged according to proof at trial but in an
20 amount of not less than $2 million.
21 103. Defendants’ use of colorable imitations of the GELISH brand bottle has
22 been intentional and willful. Defendants’ bad faith is evidence at least by the
23 striking similarity of the infringing product to the GELISH brand bottle.
24 Additionally, the use of identical scroll artwork, an identical color scheme, and
25 identical packaging also demonstrate the intentional and willful nature of
26 Defendants’ actions.
27 104. Because of Defendants’ infringing activities were willful, malicious
28 and/or fraudulent, and/or because of the exceptional nature of this case, Plaintiffs
21
1 are entitled to enhanced (or treble) damages as well as an award of costs and
2 reasonable attorneys’ fees.
3 105. In lieu of compensatory damages according to proof, Plaintiff should be
4 permitted to seek and/or award statutory damages from each Defendant in an
5 amount of not more than $2 million per each colorable imitation GELISH trade
6 dress used and product sold, offered for sale, or distributed, as provided by 15
7 U.S.C. § 1117(c)(2) of the Lanham Act.
8 COUNT III: INFRINGEMENT OF THE ’824 PATENT
10 106. Plaintiffs incorporate by reference the allegations contained in
12 107. Plaintiffs own the’824 Patent, which claims the following design:
13
14
15
16
17
18
19 108. Defendants have directly infringed and continue to infringe the ’824
20 Patent by making, using, testing, selling, licensing, offering for sale within the
21 United States and/or importing into the United States infringing products, including
22 at least Vishine’s “gelpolish” bottle depicted below:
23
24
25
26
27
28
22
1 109. Among other things, Defendants infringe the ’824 Patent by making,
2 using, testing, selling, licensing, offering for sale within the United States and/or
3 importing into the United States the Vishine Gel Nail Polish Starter Kit, which
4 includes a bottle with a transparent window identical or substantially the same as the
5 ’824 Patent’s patented design.
6 110. Consumers and end users of bottles, including, for example, nail salons
7 displaying gel polish in the bottles and offering manicure and pedicure services,
8 who use, test, sell, license, offer for sale within the United States and/or import into
9 the United States Vishine’s accused products have infringed and continue to
10 infringe the ’824 Patent.
11 111. Defendants are and have been aware of these activities and
12 infringement.
13 112. Defendants have knowingly induced and continue to induce users of its
14 gel polish bottles to infringe the ’824 Patent, including by intentionally developing,
15 making, marketing, advertising, and/or providing instruction materials to advertise
16 and/or use its products, including at least the “gelpolish” gel polish, for example,
17 included in the Vishine Gel Nail Polish Starter Kit.
18 113. Vishine and Does 1-10 have contributed and continue to contribute to
19 the infringement of the ’824 Patent by nail salons who use within the United States
20 and/or import into the United States its products, including at least the “gelpolish”
21 gel polish included in, for example, the Vishine Gel Nail Polish Starter Kit, by
22 providing the necessary marketing, advertising, training, and/or support. For
23 example, the above-shown design included in the Vishine Gel Nail Polish Starter
24 Kit is a material component of the patented design. Defendants know and has
25 known that this design is especially made or especially adapted for use in the
26 infringement of the ’824 Patent and is not a staple article or commodity of
27 commerce suitable for substantial non-infringing use.
28
23
1 114. Defendants’ infringement is and has been willful, deliberate and

2 intention. They had pre-suit knowledge of the ’824 Patent due to take down
3 requests and cease and desist correspondence and continued to market and sell the
4 accused products. On information and belief, Defendants’ customers and end users
5 have found that the ’824 Accused Products are substantially the same as the design
6 claimed in the ’824 Patent.
7 COUNT IV: INFRINGEMENT OF THE ’739 PATENT
9 115. Plaintiff incorporates by reference the allegations contained in
11 116. Plaintiffs own the’739 Patent.
12 117. Defendants have directly infringed (literally and/or by the doctrine of
13 equivalents), and continues to directly infringe, at least claim 8 of the ’739 Patent by
14 making, using, testing, selling, licensing, and/or offering for sale within the United
15 States, and/or importing into the United States its products, services, methods,
16 and/or systems including, without limitation, the “gelpolish” gel nail polish included
17 in, for example, the Vishine Gel Nail Polish Starter Kit. Defendants are liable for
18 their infringement of the ’739 Patent in violation of 35 U.S.C. § 271(a).
19 118. For example, the accused products all infringe at least claim 8 of the
20 ’739 Patent. Claim 8 is reproduced below:
21 8. A cosmetic container for containing a colored photocurable
cosmetic product, said container comprising a transparent bottle
22 substantially covered with a coating and having at least one
transparent product viewing area adapted to allow the product to
23 show therethrough; wherein the coating substantially reduces
transmission of at least one wavelength of light capable of photo-
24 curing said colored cosmetic product that would otherwise pass
through the bottle to the contained colored cosmetic product;
25
wherein said viewing area substantially lacks said coating; and
26
wherein said colored cosmetic product is a nail polish, nail gel,
27 or a combination or modification thereof.
28
24
1 119. The accused products are cosmetic containers for containing a gel polish
2 that is a colored photocurable cosmetic product. See Exhibit F, p. 1-3 (“6PCS
3 Colors Gel Polish”) (“Step 4: Apply the color gel polish, then cure with the nail
4 dryer.”). Upon information and belief, the accused products contain ultraviolet
5 transparent bottles that are substantially covered with a coating and have a small
6 transparent window for a user to see the gel nail polish in the containers, as
7 demonstrated by the small circular transparent window located on the external
8 portion of the bottle and showing the color of the nail polished within the bottle to
9 an end user or customer. The accused products include photocurable gel nail polish
10 (see Exhibit F, p. 3 (“Step 4: Apply the color gel polish, then cure with the nail
11 dryer.”)); and therefore, upon information and belief, the bottles prevent premature
12 curing of the photocurable gel nail polish. The accused products further contain a
13 coating covering substantially all of the bottle, except for the transparent window,
14 which reduces transmission of light capable of prematurely curing or spoiling the
15 colored nail polish, as shown by the whitish gray color of the bottles. As
16 demonstrated by the figures included herein, the accused products include a
17 transparent window for viewing the color of the gel polish contained within the
18 bottle, and the transparent window does not include, or in the alternative
19 substantially lacks, the coating that prevents light that could cure the gel polish.
20 Finally, the accused products are nail gel polishes. See Exhibit F, p. 3 (“6PCS
21 Colors Gel Polish”).
22 120. Notwithstanding Vishine’s knowledge of the ’739 Patent and having
23 written notice from Plaintiffs regarding their patent portfolio, and other facts
24 discussed above, Vishine has actively, knowingly, and intentionally induced and
25 continues to induce infringement of at least claim 8 of the ’739 Patent, including by
26 intentionally developing, marketing, advertising, manufacturing and/or providing its
27 products, including at least the Vishine Gel Nail Polish Starter Kit with the
28 knowledge (and/or willful blindness) of the infringement and specific intent that
25
1 third parties, such as customers, will manufacture, sell, offer for sale, and/or use the
2 accused devices in the United States. For example, Vishine encourage third parties,
3 such as customers and/or distributors, to use and/or sell the Vishine’s “gelpolish”
4 nail gel polish, included in, for example, the Vishine Gel Nail Polish Starter Kit, for
5 example, on the websites www.amazon.com and www.alibaba.com. As a result,
6 third-parties have directly infringed the ’739 Patent.
7 121. Notwithstanding Does 1-10 knowledge of the ’739 Patent and other
8 facts discussed above, Does 1-10 have actively, knowingly, and intentionally
9 induced and continues to induce infringement of at least claim 8 of the ’739 Patent,
10 including by intentionally developing, marketing, advertising, manufacturing and/or
11 providing the accused products, including at least Vishine’s “gelpolish” gel nail
12 polish products included in, for example, the Vishine Gel Nail Polish Starter Kit
13 with the knowledge (and/or willful blindness) of the infringement and specific intent
14 that third-parties, such as customers, will manufacture, sell, offer for sale, and/or use
15 the accused devices in the United States. For example, Does 1-10 encourage third-
16 parties, such as customers, to use and/or sell the Vishine Gel Nail Polish Starter Kit,
17 for example, on the websites www.amazon.com and www.alibaba.com. As a result,
18 third-parties have directly infringed the ’739 Patent.
19 122. Vishine has contributed to and continues to contribute to the
20 infringement of the ’739 Patent by third parties, whose use, sale, and/or offer for
21 sale of its products, including at least the Vishine Gel Nail Polish Starter Kit,
22 directly infringes at least claim 8 of the ’739 Patent, by promoting, advertising,
23 manufacturing, and marketing the Vishine Gel Nail Polish Starter Kit, at a
24 minimum, on the websites www.amazon.com and www.alibaba.com, and by
25 providing the necessary equipment and related documentation to third parties to use
26 and/or operate the infringing device alone or with other instrumentalities.
27 123. Does 1-10 have contributed to and continues to contribute to the
28 infringement of the ’739 Patent by third parties, whose use, sale, and/or offer for
26
1 sale of its products, including at least “gelpolish” gel polish included, for example,
2 in the Vishine Gel Nail Polish Starter Kit, directly infringes at least claim 8 of the
3 ’739 Patent, by promoting, advertising, manufacturing, and marketing the Vishine
4 Gel Nail Polish Starter Kit, at a minimum, on the websites www.amazon.com and
5 www.alibaba.com, and by providing the necessary equipment and related
6 documentation to third parties to use and/or operate the infringing device alone or
7 with other instrumentalities.
8 124. The accused products are not staple articles or commodities of
9 commerce suitable for substantial non-infringing use.
10 125. Defendants has deliberately persisted in their respective infringing acts
11 despite knowledge of the ’739 Patent, and thus had full knowledge of the risk of
12 infringement. Despite this risk, Defendants continued and continues to make, use,
13 sell, and/or offer for sale the infringing products in the United States. As such, the
14 infringement is willful.
15 COUNT VI: UNFAIR COMPETITION CALIFORNIA BUSINESS &
16 PROFESSIONS CODE § 17200 et seq.
17 126. Plaintiffs incorporate by reference the allegations contained in
19 127. Defendants’ wrongful conduct as alleged herein constitutes an unlawful,
20 fraudulent, and/or unfair act(s) or practice(s) within the meaning of California’s
21 Unfair Competition Law (Bus. & Prof. Code § 17200).
22 128. Defendants’ wrongful conduct has caused Plaintiffs to suffer a loss of
23 money or property within the meaning of the statute.
24 129. Defendants’ wrongful conduct has caused, and is causing, Plaintiffs’ to
25 suffer irreparable harm.
26 130. Plaintiffs have no adequate remedy at law
27 131. Unless immediately restrained and enjoined by this Court, Defendants
28 will persist in their activities, which should be enjoined.
27
1 132. Plaintiffs’ pray for all equitable relief the Court determines is
2 appropriate, including but not limited to injunctive relief.
3 PRAYER FOR RELIEF
4 WHEREFORE, Plaintiffs prays for the following relief:
5 A. That each defendant, its agents, servants, employees, officers, attorneys,
6 successors, and assigns, and all persons acting in concert or participation with them,
7 be temporarily, preliminarily, and permanently enjoined in this and all other Judicial
8 Districts of the United States from: (i) manufacturing, distributing, selling, offering
9 for sale, holding for sale or advertising any counterfeit, products, merchandise or
10 goods bearing the Trademarks-in-Suit and other indicia of the GELISH trade dress
11 or any colorable variation or imitation thereof; and (ii) representing that any
12 counterfeit products, merchandise or goods manufactured, distributed, sold, held for
13 sale or advertised by them are sponsored or authorized by Nail Alliance;
14 B. That the United States Marshal, along with authorized agents of
15 Plaintiffs and/or any persons acting under their supervision, are authorized to seize
16 and impound at verified locations, when the order issues: (a) any and all counterfeit
17 products that each Defendant possesses or attempts to advertise, promote, sell,
18 distribute, or hold for sale, whether or not in the process of manufacture or delivery,
19 (b) any and all labels, packages, wrappings, receptacles, and advertising collateral,
20 the use of which in commerce would constitute trademark infringement and violate
21 the injunction, and (c) any and all evidence of the counterfeiting activity, including
22 but not limited to financial records, business records, shipping records, purchase
23 orders, invoices, computers, storage devices, surveillance recordings, and any other
24 evidence of wrongdoing whether held in electronic or physical format;
25 C. That each Defendant, pursuant to 15 U.S.C. § 118, and within seven
26 days of the date of entry of an injunction and notice of the order, deliver up for
27 testing, preservation or destruction (a) any and all counterfeit products that the
28 respective Defendant possesses or attempted to advertise, promote, sell, distribute,
28
1 or hold for sale, whether or not in the process of manufacture of delivery, (b) any
2 and all labels, packages, wrappings, receptacle, and advertising collateral, the use of
3 which in commerce would constitute trademark infringement and violate the
4 injunction, and (c) any and all evidence of the counterfeiting activity, including but
5 not limited to financial records, business records, shipping records, purchase orders,
6 invoices, computers, storage devices, surveillance recordings, and any other
7 evidence of wrongdoing whether held in electronic or physical format;
8 D. That each Defendant be required to account for all nail product bottles
9 acquired and sold in the last three years or any other relevant time period, and pay
10 Plaintiffs for all profits and damages resulting from each Defendant’s infringing and
11 counterfeiting activities, and that the award to Plaintiffs be trebled, as provided for
12 under 15 U.S.C. § 1117, or, at Plaintiffs’ election, that Plaintiffs be awarded
13 statutory damages from each Defendant in an amount not more than $2 million per
14 each counterfeit GELISH trade dress used and product sold, offered for sale, or
15 distributed, as provided by 15 U.S.C. § 1117(c)(2) of the Lanham Act;
16 E. A judgment that Vishine directly infringes and has directly infringed the
17 Patents-in-Suit;
18 F. A judgement that each of Does 1-10 directly infringes and has directly
19 infringed the Patents-in-Suit;
20 G. A judgement that Vishine induces and has induced infringement of the
21 Patents-in-Suit;
22 H. A judgement that each of Does 1-10 induces and has induced
23 infringement of the Patents-in-Suit;
24 I. A judgment that Vishine contributes to and has contributed to
26 J. A judgment that each of Does 1-10 contributes to and has contributed to
28
29
1 K. An award of damages pursuant to 35 U.S.C. § 284, including

2 supplemental damages for any continuing post-verdict infringement up until entry of
3 final judgment, with an accounting, as needed;
4 L. A judgment that Defendant willfully infringed the Patents-in-Suit and an
5 order trebling Plaintiffs’ damages;
6 M. An order that Defendant pay to Plaintiffs punitive damages;
7 N. An order that Defendant pay to Plaintiffs’ pre-judgement interest;
8 O. A declaration that this case is exceptional and an order for Defendant
9 pay to Plaintiffs their costs, reasonable attorney’s fees, and investigative fees; and
10 P. An award of such other and further relief as this Court deems just and
11 proper.
12 DEMAND FOR JURY TRIAL
13 Pursuant to Federal Rule of Civil Procedure 38, Plaintiffs hereby demand a
14 jury trial on issues so triable.
15
Dated: May 6, 2022 By: /s/ Todd M. Malynn
16 Todd M. Malynn (SBN 181595)
17 Todd.Malynn@BlankRome.com
BLANK ROME LLP
18 2029 Century Park East, 6th Floor
19 Los Angeles, CA 90067
Telephone: 424.239.3400
20 Facsimile: 424.239.3434
21
Jonathan W.S. England (Pro Hac Vice to be
22 filed)
Jonathan.England@BlankRome.com
23
1825 Eye Street, NW
24 Washington, DC 20006
Telephone: 202.420.2200
25
Facsimile: 202.420.2201
26
Attorneys for Plaintiffs
27 Nail Alliance, LLC and
28 Nail Alliance – North America, Inc.
30
Case 8:22-cv-00937 Document 1-1 Filed 05/06/22 Page 1 of 2 Page ID #:32
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Reg. No. 4,473,557 NAIL ALLIANCE, LLC (DELAWARE LIMITED LIABILITY COMPANY)
6840 N. OAK
Registered Jan. 28, 2014 GLADSTONE, MO 64118
Int. Cl.: 3 FOR: NAIL CARE PREPARATIONS, IN CLASS 3 (U.S. CLS. 1, 4, 6, 50, 51 AND 52).
FIRST USE 9-12-2009; IN COMIVIERCE 9-12-2009.

TRADEMARK
OWNER OF U.S. REG. NOS. 3,857,946 AND 4,096,115.
PRINCIPAL REGISTER
THE MARK CONSISTS OF A THREE-DIMENSIONAL CONFIGURATION OF THE PACK-
AGING. THE MARK INCLUDES THE THREE-DIMENSIONAL CONFIGURATION OF A
BOTTLE BEARING A SOLID BACKGROUND WITH A SCROLL WORK PATTERN
THEREON. THE MATTER SHOWN IN BROKEN LINES IS NOT PART OF TIM MARK,
NAMELY THE HORIZONTALLY ORIENTED WORDING "GELISIr AND "SOAK -
OFF GEL
POLISH" AS WELL AS THE VERTICALLY ORIENTED WORDING "HARMONY".
SER. NO. 85-772,243, FILED 11-6-2012.
SHAILA LEWIS, EXAMINING ATTORNEY
A,‘,.
t3
'14.14-4Vr CO'
OF
'171YI:CistIZC
Deputy Director of the United States
Patent and Trademark Office
REQUIREMENTS TO MAINTAIN YOUR FEDERAL

TRADEMARK REGISTRATION
WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE

DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requirements in the First Ten Years*

What and When to File:
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the
5th and 6th years after the registration date. See 15 U.S. C. §§1058, 1141k. If the declaration is
accepted, the registration will continue in force for the remainder of the ten-year period, calculated
from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a
federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an
Application for Renewal between the 9th and 10th years after the registration date.*
See 15 U.S.C. §1059.
Requirements in Successive Ten-Year Periods*

You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between
every 9th and 10th-year period, calculated from the registration date.*
Grace Period Filings*
The above documents will be accepted as timely if filed within six months after the deadlines listed above
with the payment of an additional fee.
The United States Patent and Trademark Office (USPTO) will NOT send you any future notice or
reminder of these filing requirements.
*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registmtion with

an extension of protection to the United States under the Madrid Protocol must timely file the Declarations
of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time periods for filing are
based on the U.S. registration date (not the international registration date). The deadlines and grace periods
for the Declarations of Use (or Excusable Nonuse) are identical to those for nationally issued registrations.
See 15 U. S. C. §§1058, 1141k. However, owners of international registrations do not file renewal applications
at the USPTO. Instead, the holder must file a renewal of the underlying international registration at the
International Bureau of the World Intellectual Property Organization, under Article 7 of the Madrid Protocol,
before the expiration of each ten-year term of protection, calculated from the date of the international
registration. See 15 U.S.C. §1141j. For more information and renewal forms for the international registration,
see http://www.wipo.int/madrid/enl.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online
at http://www.uspto.gov.
Page: 2 / RN # 4,473,557
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•
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Reg. No. 4,473,558 NAIL ALLIANCE, LLC (DELAWARE LIMITED LIABILITY COMPANY)
6840 N. OAK
Registered Jan. 28, 2014 GLADSTONE, MO 64118
Int. Cl.: 3 FOR: NAIL CARE PREPARATIONS, IN CLASS 3 (U.S. CLS. 1, 4, 6, 50, 51 AND 52).
FIRST USE 9-1-2012; IN COMMERCE 9-1-2012.

TRADEMARK
THE MARK CONSISTS OF A THREE-DIMENSIONAL CONFIGURATION OF THE PACK-
PRINCIPAL REGISTER AGING. THE MARK INCLUDES THE THREE-DIMENSIONAL CONFIGURATION OF A
BOTTLE BEARING A SOLID BACKGROUND WITH A SCROLL WORK PATTERN
THEREON. THE MATTER SHOWN IN BROKEN LINES IS NOT PART OF THE MARK,
NAMELY, THE HORIZONTALLY ORIENTED WORDING "RECOVERY” AND "VITAGEL"
AS WELL AS THE VERTICALLY ORIENTED WORDING "GELISW AND "SOAK OFF
GELPOLISIT.
SER. NO. 85-772,255, FILED 11-6-2012.
SHAILA LEWIS, EXAMINING ATTORNEY
A,‘,.
t3
'14.14-4Vr CO'
OF
'171YI:CistIZC
Deputy Director of the United States
Patent and Trademark Office
REQUIREMENTS TO MAINTAIN YOUR FEDERAL

TRADEMARK REGISTRATION


First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the
5th and 6th years after the registration date. See 15 U.S. C. §§1058, 1141k. If the declaration is
accepted, the registration will continue in force for the remainder of the ten-year period, calculated
from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a
federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an
Application for Renewal between the 9th and 10th years after the registration date.*
See 15 U.S.C. §1059.

You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between
every 9th and 10th-year period, calculated from the registration date.*
The above documents will be accepted as timely if filed within six months after the deadlines listed above
with the payment of an additional fee.
The United States Patent and Trademark Office (USPTO) will NOT send you any future notice or
reminder of these filing requirements.
*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registmtion with

an extension of protection to the United States under the Madrid Protocol must timely file the Declarations
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Page: 2 / RN # 4,473,558
USOOD656824S
(12) United States Design Patent (10) Patent No.: US D656,824 S

Haile (45) Date of Patent: . * Apr. 3, 2012
(54) BOTTLE WITH TRANSPARENT WINDOW D168,416 S 12/1952 McGinnis
3,337,901 A 8, 1967 Schefer et al.
(76) Inventor: Danny Lee Haile, La Mirada, CA (US) 3,361,304. A 1/1968 Thompson
3,362.587 A 1, 1968 Postel
D214,159 S * 5/1969 Hart et al. ...................... D9,503
(*) Notice: This patent is subject to a terminal dis D259,252 S * 5/1981 Acker ............................ D4,116
claimer. D298,514 S 11/1988 Dole et al.
D326,339 S * 5/1992 Sherman et al. ............... D2866
(**) Term: 14 Years D330,859 S 11/1992 Schaeffer
D332,919 S * 2/1993 Turnbullet al. ............... D9,500
D333,428 S 2, 1993 Gobe
(21) Appl. No. 29/379,630 D363,375 S * 10/1995 Arntsen ......................... D4,116
D365,751 S 1, 1996 HSu
(22) Filed: Nov. 22, 2010 D399.658 S 10, 1998 NoSella
D422.219 S 4/2000 Gobe
Related U.S. Application Data D429,154 S * 8/2000 Chang ............................ D9,503
D431,779 S 10/2000 NoSella
(63) Continuation-in-part of application No. 29/350.948, D449,228 S * 10/2001 Nosella .......................... D9,500
filed on Nov. 25, 2009, now abandoned. D449,531 S * 10/2001 Cooley ... D9,500
D476,237 S * 6/2003 Canepa ... D9,545
(30) Foreign Application Priority Data D476,901 S * 7/2003 Crawford ....................... D9,557
D477,066 S 7/2003 Lonczak et al.
D479,134 S 9, 2003 Murata
May 25, 2010 (JP) ................................. 2010-0 12837 D487,703 S 3/2004 Orsomando
(51) LOC (9) Cl. .................................................. O9-O1 D488,064 S * 4/2004 Crawford ....................... D9.5O2
(52) U.S. Cl. .......................................... D9/503; D9/551 (Continued)
(58) Field of Classification Search ................... D9/418, Primary Examiner — Ian Simmons
D9/434, 500, 502-505, 516,549–550, 558,
D9/571, 574575, 715, 718 719, 551, 564: Assistant Examiner — Dana L. Sipos
D4/116; D28/4, 7, 76 77,99; 206/15.2, (74) Attorney, Agent, or Firm — Feldman Gale, P.A.; Walter
206/15.3: 401/129; 215/379,381-382: 220/660, C. Frank
220/669,675
See application file for complete search history. (57) CLAM
The ornamental design for a “bottle with transparent win
(56) References Cited dow, as shown and described.
U.S. PATENT DOCUMENTS DESCRIPTION
D28,240 S 2f1898 Wellhouse
D68,779 S 11/1925 Gibson FIG. 1 is a front elevation view of a bottle with transparent
D69,493 S 2f1926 Ciardi window showing my new design;
D73,190 S 8, 1927 Mezitis FIG. 2 is a rear elevation view thereof;
D76,350 S 9, 1928 Love et al. FIG. 3 is a right side elevation view thereof;
D78,110 S 3, 1929 Lancet
D121927 S 8/1940 Miller, Jr. FIG. 4 is a top plan view thereof; and,
2.249,832 A 7, 1941 Hubschman FIG. 5 is a bottom plan view thereof.
D157,414 S 2f1950 Parentice
D162,721 S 4, 1951 Ferraro 1 Claim, 2 Drawing Sheets
:
US D656,824 S
Page 2
U.S. PATENT DOCUMENTS D563,798 S 3/2008 Gibson et al.

D568,753 S 5, 2008 Woolf
D499,019 S * 1 1/2004 Sagmeister et al. ........... D9,418 D569,734 S * 5/2008 Imperato et al. ............... D9,560
D510,083 S * 9/2005 Kasden ........................ D14/2O7 D598,289 S 8/2009 Taylor
D538.479 S 3/2007 Martinez D600,134 S 9, 2009 Black
D543,113 S 5/2007 Mongeon et al. D607,728 S 1/2010 Berger et al.
D543,114 S 5/2007 Mongeon et al. D613,173 S 4/2010 Bansal
D543.459 S * 5/2007 Konieczny ..................... D9/505 D617.206 S 6, 2010 Shaw etal
D556,040 S 11/2007 Kawashima et al.
D556,043 S 11, 2007 Rabie
D560,508 S 1/2008 Lepoitevin * cited by examiner
U.S. Patent Apr. 3, 2012 Sheet 1 of 2 US D656,824 S
i. w
8.
i Sex
r a a.
8.

US008528739B2
(12) United States Patent (10) Patent No.: US 8,528,739 B2

Haile (45) Date of Patent: Sep. 10, 2013
(54) PACKAGE FOR COLORED PRODUCTS D651,515 S 1/2012 Haile
D651,521 S 1/2012 Haile
D656,824 S 4/2012 Haile
(76) Inventor: Danny Lee Haile, La Mirada, CA (US) 2003,0196914 A1 10, 2003 Tzou et al.
ck
(*) Notice: Subject to any disclaimer, the term of this 587-835.

patent is extended or adjusted under 35
A 3.58 ENE"...O.... IG
2010/0326867 A1* 12/2010 Fresnel ....... 206,459.5
U.S.C. 154(b) by 90 days. 2011/0180510 A1* 7, 2011 Julien et al. ................... 215,379
(21) Appl. No.: 12/951,605 FOREIGN PATENT DOCUMENTS
y x- - - 9 DE 19629392 8, 1997
1-1. JP 1202886 4/2004
(22) Filed: Nov. 22, 2010 KR 30-0266534 9, 2000
WO 2007/052226 5/2007
(65) Prior Publication Data WO 2011/066262 6, 2011
US 2011 FO120907 A1 May 26, 2011 OTHER PUBLICATIONS
O O Pdf file of Nalgene Labware Model 2019 Square Media Bottle, from
Related U.S. Application Data www.nalgenelabware.com website. Prior 2005.*
(60) Provisional application No. 61/264,490, filed on Nov. International Search23,Report
057756 filed Nov. 2010. mailed Mar. 15, 2011 for PCT/US2010/
25, 2009. Written Opinion of the International Searching Authority mailed
Mar. 15, 2011 for PCT/US2010/057756 filed Nov. 23, 2010.
(51) Int. Cl. International Preliminary Report on Patentability issued May 30,
B65D 25/54 (2006.01) 2012 for PCT/US2010/057756 filed Nov. 23, 2010.
(52) U.S. Cl. k .
USPC ............................ 206/776; 220/662; 427/282 cited by examiner
(58) Field of Classification Search - - - - - -
USPC ................. 20,4776,777. ss. 220.663, Primary Examiner David Fidei
53/1311 Gale, PA.
See application file for complete search history. (57) ABSTRACT
(56) References Cited Disclosed are packages including transparent containers such
as bottles and jars comprising a coating that reduces trans
U.S. PATENT DOCUMENTS mission of light through the container. The containers further
2,294,574. A * 9, 1942 Ravenscroft et al. ........ 215/12.1 comprise a product viewing area or window through which
3,547.294. A * 12/1970 Williams ..................... 215, 12.2 the product is visible to a consumer or purchaser. The con
3,896,014 A 7/1975 Rosenberg tainers are disclosed as being useful for protecting photo
4,569,869 A * 2/1986 Kushida et al. .............. 428, 35.7 sensitive products while allowing the color of those products
6,082,777 A * 7/2000 Grosskopfet al. .............. 283,81
D429,154 S 8/2000 Chang to be displayed to the user.
7,010,877 B2 * 3/2006 Geary ............................. 40,310
7,703,226 B2 * 4/2010 Schnuckle ...................... 40,310 20 Claims, 4 Drawing Sheets
U.S. Patent Sep. 10, 2013 Sheet 1 of 4 US 8,528,739 B2

s
s
SU/
s
s S.
CD
5 S.
OO
CD
s S.
US 8,528,739 B2
1. 2
PACKAGE FOR COLORED PRODUCTS parent container having a coating thereon. The coating is
adapted to Substantially reduce transmission of light of at
CROSS REFERENCE TO RELATED least one wavelength that can pass through the otherwise
APPLICATION transparent container, e.g., to the contents thereof. The coated
container has at least one Substantially transparent product
This application claims priority to U.S. Provisional Appli viewing area that allows a consumer to observe the color of
cation Ser. No. 61/264,490, filed Nov. 25, 2009, and to Japa the product. Preferably, the container is a glass bottle, the
nese National Application 2010-0 12837, filed May 25, 2010, coating is a baked-on powder coating, and the product is a
the entire disclosures of which are hereby incorporated herein cosmetic product, Such as a product for nails, e.g. polish, gel.
by reference in their entireties. 10 or the like. Also, preferably the product is light-curable and/or
sensitive to light, such as UV light, particularly UV light of
FIELD OF THE INVENTION one or more wavelengths that can pass through the transpar
ent container in the absence of the coating.
This relates to packages for cosmetic products, and in In a second of its several aspects, provided are cosmetic
particular packages for light-sensitive, or photo-curable col 15 containers comprising a transparent bottle orjar Substantially
ored cosmetic products. covered with a coating. The containers comprise at least one
transparent product viewing area adapted to allow the product
BACKGROUND OF THE INVENTION to show therethrough or be readily observed by a consumer or
prospective purchaser. The coating Substantially reduces
Certain products intended for the consumer market have a transmission of at least one wavelength of light that would
color attribute that is important as a selection factor for con otherwise pass through the bottle orjar to the contents. In one
Sumer purchase. For example, cosmetic products, such as embodiment, the bottle or jar is used for cosmetic products,
skin care products, eye care products, lip care products, and Such as nail products, including nail polish, nail gels, or
nail products are frequently selected for purchase by consum combinations thereof, whose color is an important attribute
ers based at least in part on their color. For certain other 25 for a consumer or purchaser.
products, such as many paints, stains, and/or colorants of In yet another of its several aspects, the invention provides
various types, color is among the primary considerations of a methods of reducing undesired curing of a photo-curable
purchaser or user. Thus, it may be important for a consumerto product comprising the steps of:
see the actual color of the product in its container, rather than providing a transparent bottle in which to store the product;
merely to see a “representative sample of that color, for 30 masking at least one surface area of the bottle with a mask
example, on a label. ing material;
However, some colored products are sensitive to one or coating the masked bottle with a coating material that
more wavelengths of light, for example, ultraviolet (“UV) blocks at least one wavelength of light that would oth
light. The products may bleach, polymerize, oxidize, or oth erwise pass through the bottle, and that can cause the
erwise be deleteriously affected by significant exposure to 35 photo-curable product to cure;
such wavelengths. Still other products are specifically removing the mask to produce a product viewing area;
designed to be “activated' or “cured by a particular type or filling the bottle with the photo-curable product; and
wavelength of light, e.g. one or more wavelengths of UV storing the product such that a thin film of cured product
light. For example, certain products are designed to gel or forms behind the product viewing area and that no Sub
polymerize upon exposure to UV light, or certain LEDs. 40 stantial further curing occurs in the product.
The invention disclosed herein provides improved packag Preferably, the photo-curable product is colored and the
ing for protecting light-sensitive or light-curable products, color of the product is thus fully observable to a consumer or
particularly cosmetic products, from potentially damaging prospective purchaser, i.e., through the product viewing area.
effects of environmental light exposure that, e.g. may occur In yet another of its aspects, provided herein are “kits' for
during storage or while being merchandised, while allowing 45 reducing undesired curing of a photo-curable product, the kits
the color or colors of the product to be readily visible to generally comprise:
consumers prior to purchase. a) a transparent bottle Substantially covered with a coating
and having at least one transparent product viewing area
SUMMARY OF THE INVENTION adapted to allow a photo-curable product contained in the
50 bottle to show therethrough; wherein the coating substan
The inventor has surprisingly discovered that a light-sen tially reduces transmission of at least one wavelength of UV
sitive or light-activated product can be stored and merchan light that would otherwise pass through the bottle to the
dised in a transparent container coated with a coating that photo-curable product contained therein;
restricts the transmission of light that would otherwise pass b) a removable cap, lid, or applicator for adapted for
therethrough, and by the inclusion of a small transparent 55 removably sealing the bottle; and optionally,
product viewing area, the products color can be observed. c) a UV-curable product for storing therein.
This is particularly useful for products whose color is an These and other aspects of this disclosure will be more
important determinant or criterion for consumer selection and fully described, along with further details of how to make and
purchase. The coating is preferably opaque, or Substantially use them, with reference to the drawings and detailed descrip
opaque. The viewing area, or window, is preferably less than 60 tion that follows.
about 25% of the surface area of the container, which is
preferably a bottle. BRIEF DESCRIPTION OF THE DRAWINGS
In a first aspect of the invention, provided is a packaging
system for use with a consumer product, particularly a col FIG. 1 depicts a perspective view of a nail polish-type
ored consumer product, wherein the color attribute is impor 65 bottle as an embodiment of the packaging system of the
tant to a prospective purchaser of the consumer product. The present invention. The containershown is a transparent cylin
packaging system generally comprises a Substantially trans drical bottle covered with a coating, and featuring a substan
US 8,528,739 B2
3 4
tially circularly configured transparent product viewing area. remaining bulk product from further or more extensive poten
The coating is a powder coating that is Substantially opaque. tially undesirable light exposure.
Also depicted is an optional cap. Thus, in one aspect of the invention, provided are packag
FIG. 2 depicts a front view of a nail polish-type bottle as an ing systems for use with consumer products having color as a
embodiment of the packaging system of the present inven significant attribute, for example as a purchasing criterion.
tion. The system comprises a Substantially transparent container
FIG.3 depicts a side view of a nail polish-type bottle as an having a coating that Substantially reduces transmission of
embodiment of the packaging system of the present inven light that would pass through said container in the absence of
tion. the coating. The coating need not reduce the transmission of
FIGS. 4, 5, and 6 each depict a front view of a nail polish 10 all light, nor even light of all wavelengths, rather the coating
bottle having a different product viewing window as an alter need only reduce the transmission of at least one wavelength
native embodiment of the packaging system of the present of light. The coated container has at least one Substantially
invention. Each figure depicts an alternative configuration for transparent product viewing area. The viewing area is adapted
the transparent window for viewing the bottle's contained to allow a consumer to observe the color of the product in the
product, such as two hearts (FIG. 4), a square (FIG. 5), or oval 15 container.
(FIG. 6). To produce a product viewing area such as for FIG. In preferred embodiments of the packaging system, the
4 (two hearts), multiple areas may be separately masked-off container is a bottle or jar. While any type of container can be
prior to/during the coating process. used, presently preferred containers for use herein are prima
FIGS. 7, 8, and 9 each depict a front view of a nail polish rily glass containers, such as bottles, jars, and the like. For
bottle having a different product viewing window as an alter example, when the product is a nail polish or gel-type prod
native embodiment of the packaging system of the present uct, any of the wide range of commercially available nail
invention. Each figure depicts an alternative configuration for polish bottle shapes may be employed and coated as describe
the transparent window for viewing the bottle's contained herein.
product, such as diamond (FIG. 7), clover leaf (FIG. 8) and The coating can comprise any type of coating that is com
feather (FIG.9). To produce a product viewing area for FIGS. 25 patible with the container, and can be applied by any means
7, 8, and/or 9, multiple areas may be separately masked-off known in the art. In one embodiment, the coating is a powder
prior to/during the coating process. coating, a metalized coating, a painted coating, or an over
wrap. Where the coating is a powder coating, a painted coat
DETAILED DESCRIPTION OF THE PREFERRED ing, or a metalized coating, or the like, the product viewing
EMBODIMENTS 30 area can be conveniently formed by applying a removable
masking material on the container prior to the coating, and
Disclosed herein are packages for protecting a colored, subsequently removing said masking material after the coat
light-sensitive product from damaging light exposure, while ing process. The coating process in various embodiments
simultaneously allowing the product to be seen by a potential may involve one or more steps of heating the container and
purchaser by the use of one or more discreet viewing windows 35 thus is preferably conducted before the container is filled with
that allow the colored product to show through. The packages product, however, other embodiments may be practiced
are generally packages Such as bottles or jars that normally before, during, or after a filling operation.
are clear, i.e., transparent to most forms of light, including In one embodiment, the product is photo-curable orphoto
various wavelengths of UV light. The packages disclosed sensitive, and the coating Substantially reduces the transmis
herein are modified in one of several ways so as to be sub 40 sion of at least one wavelength of visible or UV light (in one
stantially less transparent or even opaque. However, to allow or more of the UV-A, UV-B, or UV-C ranges). In the absence
the product to be observed by the purchaser, the package of the coating, the light would otherwise pass through the
features a viewing window that is substantially transparent to container to the product, and cause a detrimental effect on the
allow the consumer or purchaser to observe the color of the product during Storage, display/merchandising, or Subse
product. 45 quent use.
Surprisingly, the inventor has discovered that the inclusion By “substantially reducing it is generally intended that at
of a product viewing area or window in a coated package that least a 20% reduction of light transmission of at least one
substantially precludes light that would otherwise pass wavelength of light occurs; more preferably at least 30, 40, or
through the package does not result in significant curing, 50% or more of one or more wavelengths of light. In one
hardening, spoilage, or the like, of the product. This is par 50 presently preferred embodiment, the coating is a generally
ticularly useful for products that cure, harden, polymerize, opaque coating, reducing transmission of visible light that
set, or gel, or whose desirable properties are otherwise altered would otherwise pass through to the package contents by at
by exposure to the light that would pass through the package least 80%, 90%, or even more.
in the absence of the coating. Rather, while the color can be In various embodiments, the packaging system further
observed through the product viewing area, the exposure of 55 comprises a cap, a lid, a top, or an applicator. Such caps,
the product to the reduced amount of light passing through the including applicator caps are known in the art and commonly
product viewing area of the coated transparent container, e.g., used with color products, including cosmetics, paint (e.g.
bottle, orjar, does not result in complete curing of the product. touch-up paint), etc.
Instead, only a small amount is affected. Such as a thin-film of In a presently preferred embodiment, the consumer prod
cured or hardened product that forms in the vicinity of the 60 uct is a cosmetic product. Examples of products for which the
product viewing area or window. Without being bound to any packages described herein are particularly useful include nail
one theory of operation, it is presently believed that by not products, including nail polish, nail gel, or combinations
exceeding a certain amount of light exposure, certain prod and/or modifications thereof.
ucts, such as photo-curable cosmetic products, will not be In a second aspect, the invention provides cosmetic con
substantially impacted adversely by the exposure to the light 65 tainers comprising a transparent bottle or jar. The container,
passing through the product viewing area. Moreover, it e.g. bottle, is Substantially covered with a coating that Sub
appears that the thin film that forms serves to help protect the stantially reduces the amount of at least one wavelength of
US 8,528,739 B2
5 6
light that would otherwise pass through the bottle to the It should be noted that the relative dimensions of the vari
contents. The container features at least one transparent prod ous components of the packaging system, containers, bottles,
uct viewing area that is adapted to allow the product to show jars, etc disclosed herein can vary according to need.
through the viewing area/window. And as discussed above, the overall shape of the container
In various embodiments, the coating for the container is a 5 can also vary according to design preferences. For example,
powder coating, a painted coating, a metalized coating, or an various types of bottles have become recognized as industry
overwrap. For applications where the coating is a powder 'standards' and may be conveniently used in connection with
coating, a painted coating, or a metalized coating, the viewing this disclosure. Alternatively, any shaped container, including
area or window can be formed by applying masking material 10
unique or custom shapes can be adapted with a coating and
prior to and during the coating process, and Subsequently product viewing area as disclosed.
removing the masking material to uncover a transparent With further reference to the figures, FIG. 4 depicts another
viewing area in the shape of the mask. Techniques for mask embodiment of the packaging system 10 showing a container
ing and unmasking in connection with the application of 20 of similar overall shape, and featuring a product viewing
paints, coatings and the like are known in the art. The masks 15 area 40 of different shape/style.
can comprise one or multiple portions such that when With yet further reference to the figures, FIGS. 5 & 6 each
removed the viewing area may comprise a single area in the depict an embodiment of a cosmetic container 100 useful for
shape of the mask, or may comprise multiple areas. nail polish, gel, or the like. As with the packaging system
Where a single viewing area is used it is desirable to have above, the bottle 120 is covered with a coating 130. The
the area appear attractive to the consumer. Any shape can be bottles 120 each have a transparent product viewing area 140.
used including geometric shapes (circles, ellipses, ovals, tri Optional caps 150 are also shown and may be applicator caps.
angles, squares, rectangles, and other polygons of any num The embodiments of the cosmetic container 100 in FIGS. 5
ber of sides or shape). In addition the viewing area can be a and 6 show different product viewing area configurations
free-form shape, or could comprise logo, design, or the like. with FIGS. 5 and 6 showing a single viewing area, and FIG. 4
Viewing areas in the shape of objects of nature (e.g. flowers, 25 showing a viewing area with multiple discreet sections that
petals, bouquets, plants, trees, feathers, etc.), symbols (e.g. are not connected. To produce this product viewing area,
hearts), people or body parts (e.g. eyes, hands, face), or other multiple areas can be separately masked-off priortofor during
real world object may also be useful for the overall shape of a the coating process.
viewing area Such that the product and its color can be With yet further reference to the figures, FIGS. 7, 8, and 9
observed. Where the viewing area comprises multiple areas, 30
show several different configurations of the cosmetic con
the shape of Such areas is limited only by the human imagi tainer 100 embodied as nail polish bottles of different types
nation and includes such designs as floral designs, free-flow commonly known in the art. Each container 120 depicts one
ing forms and curves, balloons, fireworks combinations of or more product viewing areas 140 of different design to
any of the aforementioned, for example multiple Smaller allow the product (not shown) to be observed therethrough
circles, flowers, etc. are also contemplated for use herein. 35
In various embodiments, the product viewing area com while enhancing the appeal of the container or bottle 120.
prises less than about 25% of the surface area of the bottle. Optional caps 150 are shown for each bottle 120.
Preferably the product viewing area is less than about 20% of In another aspect of the invention, methods of reducing
the bottle. In some embodiments, less than 15, 12, or even undesired curing of a photo-curable product while allowing
10% of the Surface remains as a transparent viewing area. The 40 the product to be seen in its container, the method comprising
inventor has found that generally for light-sensitive products, the steps of:
and particularly for those that are designed to be photo-cured, providing a transparent container in which to store the
a viewing area in excess of about 25% of the surface area product;
normally exposed to light will not provide the thin film behind masking at least one Surface area of the container with a
the viewing window, but rather will result in light-induced 45 masking material;
changes to the bulk of the product, and thus the product will coating the masked container with a coating material that
be rendered substantially useless for its intended purpose. blocks at least one wavelength of light that would otherwise
In preferred embodiments herein, the product is nail polish pass through the container, and which can cause the photo
or nail gel, or a combination or modification thereof. Jars or curable product to cure;
bottles for use with colored cosmetics are known in the art, 50 removing the mask to produce a product viewing area; and
and presently preferred bottles for nail products include filling the coated container with the photo-curable product
cylindrical bottles (for example, in 15 ml, or 0.5 oz size). whereby the product can be seen through the product viewing
Other shapes are also useful and many are commercially aca.
available under a variety of trade names. Preferably the container is a bottle, such as a glass bottle. In
Further description of the packages will be facilitated by 55 one embodiment, the photo-curable product is colored and
reference to the Figures. FIGS. 1, 2, and 3 depict several the color is observable to a consumer through the product
views of an embodiment of the present invention. FIG. 2 viewing area, when the product is in the container. In another
depicts a front view of an embodiment of the packaging embodiment, the photo-curable product is a cosmetic product
system 10. The container 20 shown is a transparent cylindri for use on, e.g. nails.
cal bottle 20 covered with a coating 30, and featuring a trans 60 In one embodiment, the photo-curable product can be
parent product viewing area 40. The coating 30 is a powder cured by exposure to UV light or an LED light source of a
coating that is Substantially opaque. Also depicted is an particular wavelength that is effective to cure the photo-cur
optional cap 50. The cap 50 can be of any type or style that is able product, and the coating blocks out at least that wave
compatible with the product for which the packaging system length of light. In other embodiments, a thin film of the cured
10 is intended. In cosmetic applications, applicator caps are 65 product forms on the inside of the container in the vicinity of
known and typically used for nail products such as polishes the product viewing area, and further curing is substantially
and gels. curtailed, thereby extending the life and utility of the product.
US 8,528,739 B2
7 8
In yet another aspect of the present invention, a kit for systems, cosmetic containers, bottles, jars, and the like, along
reducing undesired curing of a UV-curable product compris with methods for making and using those packages, as well as
ing together, in one or more packages: kits and systems comprising the packages. The specific
a transparent container Substantially covered with a coat embodiments provided were primarily selected to illustrate
ing and having at least one transparent product viewing area 5 the features of the packages to the understanding of the skilled
adapted to allow a UV-curable product contained in the bottle artisan. Such a skilled artisan will appreciate that various
to show therethrough; wherein the coating Substantially modifications and alterations can be made to the specific
reduces the amount of at least one wavelength of UV light that embodiments exemplified, and that such modification and
would otherwise pass through the container to the UV-curable alterations are within the intended scope of the invention as
product contained therein; 10 defined in the appended claims.
a removable cap, lid, or applicator for adapted for remov What is claimed is:
ably sealing the container; and optionally, 1. A packaging system for use with a photo-curable con
a UV-curable product for storing in the container. Sumer product having a colorattribute, the system comprising
The product viewing area generally comprises less than a substantially transparent container having a coating thereon
about 20% of the surface area of the container, which is 15 adapted to Substantially reduce the transmission of light of at
preferably a bottle. least one wavelength capable of photo-curing said consumer
In one presently preferred embodiment, the product is a product that would pass through said container in the absence
cosmetic product for use with nails. The color of the product of the coating, said coated container having at least one Sub
can be readily observed through the product viewing area. stantially-transparent product viewing area thereon wherein
The kits can optionally include instructions for use of the 20 said viewing area is adapted to allow a consumer to observe
product or instructions for avoiding undesired or premature the color attribute of the product therethrough; and wherein
curing of the product. said viewing area substantially lacks said coating;
The foregoing has described several embodiments of the wherein said consumer product is a nail polish, nail gel, or
packages including the packaging Systems, cosmetic contain a combination or modification thereof.
ers, bottles, jars, and the like provided herein, as well as 25 2. The packaging system of claim 1 wherein the container
methods of making and using those packages, and kits com is a bottle or jar.
prising them. These and other aspects of the invention will 3. The packaging system of claim 1 wherein the coating is
become clearer through the examples provided below. a powder coating, a metalized coating, a painted coating, oran
overwrap.
Example 30 4. The packaging system of claim 3, wherein said product
viewing area is made by a process comprising the steps of:
There are recognized difficulties in storing and displaying providing a transparent container in which to store said
UV-sensitive product in a manner that both protects them product;
from substantial UV exposure and/or the effects thereof, and applying removable masking material onto the container
so that a consumer can see the attributes of the product, for 35 prior to its coating;
example, an appealing color. Further, it was believed that the coating said container with a powder coating, a painted
UV-curable products could not be stored and/or displayed in coating, or a metalized coating:
a package that allowed any UV light to pass through to the and
contents. In accordance with the disclosure, Surprisingly, the Subsequently removing said masking material from said
inventor has discovered that if a transparent container, such as 40 coated container to provide the product viewing area;
a glass bottle, is coated with a coating that restricts light wherein said viewing area allows a consumer to observe
transmission therethrough, a small transparent viewing win the color attribute of the product therethrough.
dow can be left through which the product color can be 5. The packaging system of claim 1 wherein the coating
observed. The window is preferably less than about 25% of Substantially reduces the transmission of at least wavelength
the surface area of the bottle. 45 of UV light in the UV-A, UV-B, or UV-C range.
Glass bottles are provided and, in preparation for a powder 6. The packaging system of claim 1 wherein the coating is
coating step, each is cleaned and inspected for blemishes. A opaque.
Small area comprising less than about 20% of the Surface area 7. The packaging system of claim 1 further comprising a
of each bottle is masked offusing materials that do not accept cap, a lid, a top, or an applicator.
the powder coating and which are easily removed after coat- 50 8. A cosmetic container for containing a colored photo
ing. Powder for the coating is applied and cured according to curable cosmetic product, said container comprising a trans
the manufacturer's recommendations. The masking material parent bottle Substantially covered with a coating and having
is removed to reveal a product viewing “window'. The bottles at least one transparent product viewing area adapted to allow
are examined for coverage and quality then packed for cus the product to show therethrough; wherein the coating Sub
tomer delivery. The bottles are later filled, and adapted with a 55 stantially reduces transmission of at least one wavelength of
cap. Such as an applicator cap. The product in the bottle is light capable of photo-curing said colored cosmetic product
generally colored and photo-sensitive and preferably photo that would otherwise pass through the bottle to the contained
curable, and the color of the product can be readily seen colored cosmetic product;
through the Substantially transparent product viewing area. wherein said viewing area Substantially lacks said coating:
Upon later analysis, it will be found that a bulk of the 60 and
product remains in good useful condition despite the on wherein said colored cosmetic product is a nail polish, nail
going exposure to light through the product viewing area. In gel, or a combination or modification thereof.
Some cases, it is found that a thin film of cured product on the 9. The cosmetic container of claim 8 wherein the coating is
inside of the bottle has formed on/in the vicinity of the prod a powder coating, a painted coating, a metalized coating, oran
uct viewing window. 65 overwrap.
There have been described and exemplified herein a num 10. The cosmetic container of claim 9, wherein said prod
ber of embodiments of packages including the packaging uct viewing area is made by a process comprising the steps of
US 8,528,739 B2
10
providing a transparent container in which to store said wherein said photo-curable product is a nail polish, nail
product; gel, or a combination or modification thereof.
applying removable masking material onto the container 16. The kit of claim 15 wherein the product viewing area
prior to its coating: comprises less than about 20% of the surface area of the
coating said container with a powder coating, a painted 5 bottle.
coating, or a metalized coating: 17. The kit of claim 15 said coated bottle contains a colored
and photo-curable cosmetic product for use with nails, and
Subsequently removing said masking material from said wherein the color of the product can be observed through the
coated container to provide the product viewing area; product viewing area.
wherein said viewing area allows a consumer to observe the 10
18. The kit of claim 15 further comprising instructions for
color attribute of the product therethrough. use of the product.
11. The cosmetic container of claim 8 wherein the product 19. A packaging system for use with a consumer product
viewing area comprises less than 20% of the surface area of having a colorattribute, the system comprising a substantially
the bottle.
12. A method of reducing undesired curing of a photo 15 transparent container having a coating thereon adapted to
curable product comprising the steps of Substantially reduce the transmission of light of at least one
providing a transparent bottle in which to store the product; wavelength that would pass through said container in the
masking at least one surface area of the bottle with a mask absence of the coating, said coated container having at least
ing material; one Substantially-transparent product viewing area thereon
coating the masked bottle with a coating material that wherein said viewing area is adapted to allow a consumer to
blocks transmission of at least one wavelength of light observe the color attribute of the product therethrough:
capable of photo-curing the product that would other wherein said consumer product is a nail polish, nail gel, or
wise pass through the bottle: a combination or modification thereof.
removing the mask to produce a product viewing area; and 20. A process for preparing a packaging system for use
filling the bottle with the photo-curable product, and cap 25 with a photo-curable consumer product having a color
ping said bottle; attribute, said process comprising:
wherein said photo-curable product is a nail polish, nail providing a container which is transparent to light of at
gel, or a combination or modification thereof. least one wavelength capable of photo-curing said con
13. The method of claim 12 wherein the photo-curable Sumer product;
product is colored and wherein the product’s color is observ 30
applying removable masking material onto a portion of the
able to a consumer through the product viewing area. container surface prior to its coating:
14. The method of claim 12 wherein the photo-curable coating said container with a powder coating, a painted
product can be cured by exposure to UV light oran LED light coating, or a metalized coating; and
Source emitting at least one wavelength of light effective to Subsequently removing said masking material from said
photo-cure the product. 35
15. A kit for reducing undesired curing of a photo-curable coated container Surface; to provide said packaging sys
product comprising: tem with a transparent viewing area for use with a con
a transparent bottle Substantially covered with a coating Sumer product having a color attribute;
and having at least one transparent product viewing area wherein said coating Substantially reduces the transmis
adapted to allow a photo-curable product contained in 40 sion of light of at least one wavelength capable of
the bottle to show therethrough; wherein the coating photo-curing said consumer product;
Substantially reduces transmission of at least one wave wherein said product viewing area is transparent to said
length of light capable of photo-curing the product that wavelength of light and allows a consumer to observe
would otherwise pass through the bottle to the photo said color attribute of the product therethrough; and
curable product contained therein; 45 wherein said consumer product is a nail polish, nail gel,
or a combination or modification thereof.
a removable cap, lid, or applicator adapted for removably
sealing the bottle; k k k k k
2029 Century Park East | 6th Floor | Los Angeles, CA 90067
Phone: (424) 239-3469
Fax: (424) 389-7610
Email: todd.malynn@BlankRome.com
March 30, 2022
VIA FEDERAL EXPRESS & E-MAIL:
Cong He
Owner, Vishine Trademark No. 4,877,267
1204 Bldg B2,
Nan Jing Xin Cun MinZhi Street
Longhua New District,
Shenzhen, China 518000
Yang He
Oakridge PO 27563
Vancouver, BC Canada V5Z4M4
heyanguk@hotmail.com
Vishine Enterprise Limited

Unit B, Neich Tower,
128 Gloucester Rd.,
Wanchai, Hong Kong
RE: Notice of Infringement of Intellectual Property Rights of Nail Alliance, LLC
Dear Messrs. He:
We represent Nail Alliance, LLC (“Nail Alliance”) in connection with intellectual

property matters. We have been consulted regarding your unauthorized and infringing use of
Nail Alliance’s valuable trademark, trade dress, and patent rights.
As you are no doubt aware, Nail Alliance is a global leader in nail care products industry
with millions of customers in countries around the world. Nail Alliance takes great pride in its
products and takes seriously the protection of its intellectual property rights.
Nail Alliance is the exclusive owner of, and has made continuous and extensive use of,
the renowned GELISH® mark in connection with nail care solutions. In the United States, Nail
Alliance has maintained priority rights in the GELISH® mark for such goods since at least as
early as 2009 and is the exclusive owner of U.S. Registration No. 4,096,115 for GELISH® and
®
No. 3,857,936 for , among many other GELISH-formative registrations worldwide. Nail
Alliance has also maintained priority rights in the POLYGEL® mark for nail care solutions and is
163113.00103/128594390v.1
Cong He
Yang He
March 30, 2022
Page 2
the exclusive owner of U.S. Registration No. 5,238,109. Copies of the U.S. Certificates of
Registration for these marks are attached as Exhibit A.
In addition, Nail Alliance has invested considerable time and money in its trade dress
rights for its product packaging, specifically, its bottle bearing a solid background with a scroll
work pattern thereon, as registered under United States Trademark Registration Nos. 4,473,557
and 4,473,558 and depicted in Exhibit B. As a result of our client’s continuous and extensive
marketing, promotion, and sale of nail care preparations and related products under its marks and
trade dress, Nail Alliance’s marks and trade dress are well known and have acquired
considerable and extremely valuable goodwill. Further, Nail Alliance owns United States Patent
Nos. D651,515 and D656,824 to a Bottle with Transparent Window, and United States Patent
No. US 8,528,739 B2 titled “Package for Colored Products,” which protect both the design of the
bottle as well as the function of the translucent window as a feature of our client’s proprietary
bottle. Copies of the foregoing patents are attached as Exhibit C.
It has come to our attention that, among other things, Nail Alliance’s trade dress and
patent rights in its bottle have been and are being infringed by your competing VISHINE gel
polish, foundation and top-coat products. You are engaged in, or facilitating, the unauthorized
manufacture and sale of infringing product in the United States in violation of our client’s
intellectual property rights. You are selling product that mimics Nail Alliance’s GELISH®
trademark, trade dress, bottle design and function. You are also using our client’s POLYGEL®
trademark to sell a competing hybrid nail enhancement. Your illicit and intentional use of Nail
Alliance’s intellectual property is a deceptive attempt to capitalize on the goodwill associated
with Nail Alliance’s brands and products, constitutes willful trademark, trade dress, and patent
infringement, and is causing or is likely to cause irreparable injury to Nail Alliance. Such actions
subject you to significant liability for infringement, passing off, dilution and unfair competition
under the Lanham (Federal) Trademark Act and state law, among other violations.
Nail Alliance regards your infringement of its trademarks, trade dress, and patents as a
very serious matter, and will take action to prevent you from continuing to trade off its goodwill,
or any unauthorized or implied association or affiliation between its products and the goods and
services of others. Accordingly, as we consider the range of legal remedies available, to
safeguard our client’s valuable marks and patents from infringement, dilution, wrongful
appropriation, passing off, and unfair competition, we hereby make formal demand upon you on
behalf of Nail Alliance to:
Blank Rome LLP | blankrome.com
www.BlankRome.com
163113.00103/128594390v.1
Cong He
Yang He
March 30, 2022
Page 3
1. Cease and desist immediately from any further use of or plans to use any mark,
name, logo, key search word, domain name, or other indicia of source that is
identical or confusingly similar to or premised in whole or in part upon
GELISH®, POLYGEL®, or any other Nail Alliance mark, including without
limitation on Amazon.com and any other internet and social media platforms;
2. Cease and desist immediately from any further use of or plans to use any product
packaging that is in any way similar to Nail Alliance’s trade dress and/or design
patents, and/or that violates our client’s rights therein or in U.S. Patent
No. US 8,528,739 B2;
3. Provide written assurances by no later than Wednesday, April 13, 2022, that you
have complied with (1) and (2) above and will permanently refrain from further
infringement of Nail Alliance’s intellectual property rights; and
4. Contact the undersigned to discuss settlement options.
We look forward to receiving a prompt and compliant response from you by Wednesday,
April 13, 2022 concerning this matter. While we would prefer an amicable resolution, if we do
not receive the cooperation sought, we will consider such actions to be willful, and we will
explore all legal avenues available to enforce and protect our client’s valuable intellectual
property rights.
Please contact the undersigned if you have any questions.
Regards,
TODD M. MALYNN
TMM:aj
Attachments
www.BlankRome.com
163113.00103/128594390v.1
Exhibit A
Reg. No. 5,238,109 Nail Alliance, LLC (DELAWARE LIMITED LIABILITY COMPANY)
6840 North Oak Trafficway
Registered Jul. 04, 2017 Gladstone, MO 64118
CLASS 3: Cosmetics; Non-medicated nail and skin care preparations; Beauty supplies,
Int. Cl.: 3 namely, nail care kits composed primarily of cuticle oil, UV top coat, nail primer, nail
dehydrator, and also containing assorted nail files and nail buffers, acrylic nail sculpting
Trademark forms, acrylic sculpting nail brush and instruction booklet; Hand and body lotion; Skin scrub;
Nail enamel
Principal Register
FIRST USE 3-1-2017; IN COMMERCE 3-1-2017
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY

PARTICULAR FONT STYLE, SIZE OR COLOR
SER. NO. 87-038,043, FILED 05-16-2016

SUSAN ANN RICHARDS, EXAMINING ATTORNEY
REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION


First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.

You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*
The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.
*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an

extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).
The time periods for filing are based on the U.S. registration date (not the international registration date). The
deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for
nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations
do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying
international registration at the International Bureau of the World Intellectual Property Organization, under
Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the
date of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the
international registration, see http://www.wipo.int/madrid/en/.
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.
NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.
Page: 2 of 2 / RN # 5238109
Exhibit B
Exhibit C
US008528739B2
(12) United States Patent (10) Patent No.: US 8,528,739 B2

Haile (45) Date of Patent: Sep. 10, 2013
(54) PACKAGE FOR COLORED PRODUCTS D651,515 S 1/2012 Haile
D651,521 S 1/2012 Haile
D656,824 S 4/2012 Haile
(76) Inventor: Danny Lee Haile, La Mirada, CA (US) 2003,0196914 A1 10, 2003 Tzou et al.
ck
(*) Notice: Subject to any disclaimer, the term of this 587-835.

patent is extended or adjusted under 35
A 3.58 ENE"...O.... IG
2010/0326867 A1* 12/2010 Fresnel ....... 206,459.5
U.S.C. 154(b) by 90 days. 2011/0180510 A1* 7, 2011 Julien et al. ................... 215,379
(21) Appl. No.: 12/951,605 FOREIGN PATENT DOCUMENTS
y x- - - 9 DE 19629392 8, 1997
1-1. JP 1202886 4/2004
(22) Filed: Nov. 22, 2010 KR 30-0266534 9, 2000
WO 2007/052226 5/2007
(65) Prior Publication Data WO 2011/066262 6, 2011
US 2011 FO120907 A1 May 26, 2011 OTHER PUBLICATIONS
O O Pdf file of Nalgene Labware Model 2019 Square Media Bottle, from
Related U.S. Application Data www.nalgenelabware.com website. Prior 2005.*
(60) Provisional application No. 61/264,490, filed on Nov. International Search23,Report
057756 filed Nov. 2010. mailed Mar. 15, 2011 for PCT/US2010/
25, 2009. Written Opinion of the International Searching Authority mailed
Mar. 15, 2011 for PCT/US2010/057756 filed Nov. 23, 2010.
(51) Int. Cl. International Preliminary Report on Patentability issued May 30,
B65D 25/54 (2006.01) 2012 for PCT/US2010/057756 filed Nov. 23, 2010.
(52) U.S. Cl. k .
USPC ............................ 206/776; 220/662; 427/282 cited by examiner
(58) Field of Classification Search - - - - - -
USPC ................. 20,4776,777. ss. 220.663, Primary Examiner David Fidei
53/1311 Gale, PA.
See application file for complete search history. (57) ABSTRACT
(56) References Cited Disclosed are packages including transparent containers such
as bottles and jars comprising a coating that reduces trans
U.S. PATENT DOCUMENTS mission of light through the container. The containers further
2,294,574. A * 9, 1942 Ravenscroft et al. ........ 215/12.1 comprise a product viewing area or window through which
3,547.294. A * 12/1970 Williams ..................... 215, 12.2 the product is visible to a consumer or purchaser. The con
3,896,014 A 7/1975 Rosenberg tainers are disclosed as being useful for protecting photo
4,569,869 A * 2/1986 Kushida et al. .............. 428, 35.7 sensitive products while allowing the color of those products
6,082,777 A * 7/2000 Grosskopfet al. .............. 283,81
D429,154 S 8/2000 Chang to be displayed to the user.
7,010,877 B2 * 3/2006 Geary ............................. 40,310
7,703,226 B2 * 4/2010 Schnuckle ...................... 40,310 20 Claims, 4 Drawing Sheets

s
s
SU/
s
s S.
CD
5 S.
OO
CD
s S.
US 8,528,739 B2
1. 2
PACKAGE FOR COLORED PRODUCTS parent container having a coating thereon. The coating is
adapted to Substantially reduce transmission of light of at
CROSS REFERENCE TO RELATED least one wavelength that can pass through the otherwise
APPLICATION transparent container, e.g., to the contents thereof. The coated
container has at least one Substantially transparent product
This application claims priority to U.S. Provisional Appli viewing area that allows a consumer to observe the color of
cation Ser. No. 61/264,490, filed Nov. 25, 2009, and to Japa the product. Preferably, the container is a glass bottle, the
nese National Application 2010-0 12837, filed May 25, 2010, coating is a baked-on powder coating, and the product is a
the entire disclosures of which are hereby incorporated herein cosmetic product, Such as a product for nails, e.g. polish, gel.
by reference in their entireties. 10 or the like. Also, preferably the product is light-curable and/or
sensitive to light, such as UV light, particularly UV light of
FIELD OF THE INVENTION one or more wavelengths that can pass through the transpar
ent container in the absence of the coating.
This relates to packages for cosmetic products, and in In a second of its several aspects, provided are cosmetic
particular packages for light-sensitive, or photo-curable col 15 containers comprising a transparent bottle orjar Substantially
ored cosmetic products. covered with a coating. The containers comprise at least one
transparent product viewing area adapted to allow the product
BACKGROUND OF THE INVENTION to show therethrough or be readily observed by a consumer or
prospective purchaser. The coating Substantially reduces
Certain products intended for the consumer market have a transmission of at least one wavelength of light that would
color attribute that is important as a selection factor for con otherwise pass through the bottle orjar to the contents. In one
Sumer purchase. For example, cosmetic products, such as embodiment, the bottle or jar is used for cosmetic products,
skin care products, eye care products, lip care products, and Such as nail products, including nail polish, nail gels, or
nail products are frequently selected for purchase by consum combinations thereof, whose color is an important attribute
ers based at least in part on their color. For certain other 25 for a consumer or purchaser.
products, such as many paints, stains, and/or colorants of In yet another of its several aspects, the invention provides
various types, color is among the primary considerations of a methods of reducing undesired curing of a photo-curable
purchaser or user. Thus, it may be important for a consumerto product comprising the steps of:
see the actual color of the product in its container, rather than providing a transparent bottle in which to store the product;
merely to see a “representative sample of that color, for 30 masking at least one surface area of the bottle with a mask
example, on a label. ing material;
However, some colored products are sensitive to one or coating the masked bottle with a coating material that
more wavelengths of light, for example, ultraviolet (“UV) blocks at least one wavelength of light that would oth
light. The products may bleach, polymerize, oxidize, or oth erwise pass through the bottle, and that can cause the
erwise be deleteriously affected by significant exposure to 35 photo-curable product to cure;
such wavelengths. Still other products are specifically removing the mask to produce a product viewing area;
designed to be “activated' or “cured by a particular type or filling the bottle with the photo-curable product; and
wavelength of light, e.g. one or more wavelengths of UV storing the product such that a thin film of cured product
light. For example, certain products are designed to gel or forms behind the product viewing area and that no Sub
polymerize upon exposure to UV light, or certain LEDs. 40 stantial further curing occurs in the product.
The invention disclosed herein provides improved packag Preferably, the photo-curable product is colored and the
ing for protecting light-sensitive or light-curable products, color of the product is thus fully observable to a consumer or
particularly cosmetic products, from potentially damaging prospective purchaser, i.e., through the product viewing area.
effects of environmental light exposure that, e.g. may occur In yet another of its aspects, provided herein are “kits' for
during storage or while being merchandised, while allowing 45 reducing undesired curing of a photo-curable product, the kits
the color or colors of the product to be readily visible to generally comprise:
consumers prior to purchase. a) a transparent bottle Substantially covered with a coating
and having at least one transparent product viewing area
SUMMARY OF THE INVENTION adapted to allow a photo-curable product contained in the
50 bottle to show therethrough; wherein the coating substan
The inventor has surprisingly discovered that a light-sen tially reduces transmission of at least one wavelength of UV
sitive or light-activated product can be stored and merchan light that would otherwise pass through the bottle to the
dised in a transparent container coated with a coating that photo-curable product contained therein;
restricts the transmission of light that would otherwise pass b) a removable cap, lid, or applicator for adapted for
therethrough, and by the inclusion of a small transparent 55 removably sealing the bottle; and optionally,
product viewing area, the products color can be observed. c) a UV-curable product for storing therein.
This is particularly useful for products whose color is an These and other aspects of this disclosure will be more
important determinant or criterion for consumer selection and fully described, along with further details of how to make and
purchase. The coating is preferably opaque, or Substantially use them, with reference to the drawings and detailed descrip
opaque. The viewing area, or window, is preferably less than 60 tion that follows.
about 25% of the surface area of the container, which is
preferably a bottle. BRIEF DESCRIPTION OF THE DRAWINGS
In a first aspect of the invention, provided is a packaging
system for use with a consumer product, particularly a col FIG. 1 depicts a perspective view of a nail polish-type
ored consumer product, wherein the color attribute is impor 65 bottle as an embodiment of the packaging system of the
tant to a prospective purchaser of the consumer product. The present invention. The containershown is a transparent cylin
packaging system generally comprises a Substantially trans drical bottle covered with a coating, and featuring a substan
US 8,528,739 B2
3 4
tially circularly configured transparent product viewing area. remaining bulk product from further or more extensive poten
The coating is a powder coating that is Substantially opaque. tially undesirable light exposure.
Also depicted is an optional cap. Thus, in one aspect of the invention, provided are packag
FIG. 2 depicts a front view of a nail polish-type bottle as an ing systems for use with consumer products having color as a
embodiment of the packaging system of the present inven significant attribute, for example as a purchasing criterion.
tion. The system comprises a Substantially transparent container
FIG.3 depicts a side view of a nail polish-type bottle as an having a coating that Substantially reduces transmission of
embodiment of the packaging system of the present inven light that would pass through said container in the absence of
tion. the coating. The coating need not reduce the transmission of
FIGS. 4, 5, and 6 each depict a front view of a nail polish 10 all light, nor even light of all wavelengths, rather the coating
bottle having a different product viewing window as an alter need only reduce the transmission of at least one wavelength
native embodiment of the packaging system of the present of light. The coated container has at least one Substantially
invention. Each figure depicts an alternative configuration for transparent product viewing area. The viewing area is adapted
the transparent window for viewing the bottle's contained to allow a consumer to observe the color of the product in the
product, such as two hearts (FIG. 4), a square (FIG. 5), or oval 15 container.
(FIG. 6). To produce a product viewing area such as for FIG. In preferred embodiments of the packaging system, the
4 (two hearts), multiple areas may be separately masked-off container is a bottle or jar. While any type of container can be
prior to/during the coating process. used, presently preferred containers for use herein are prima
FIGS. 7, 8, and 9 each depict a front view of a nail polish rily glass containers, such as bottles, jars, and the like. For
bottle having a different product viewing window as an alter example, when the product is a nail polish or gel-type prod
native embodiment of the packaging system of the present uct, any of the wide range of commercially available nail
invention. Each figure depicts an alternative configuration for polish bottle shapes may be employed and coated as describe
the transparent window for viewing the bottle's contained herein.
product, such as diamond (FIG. 7), clover leaf (FIG. 8) and The coating can comprise any type of coating that is com
feather (FIG.9). To produce a product viewing area for FIGS. 25 patible with the container, and can be applied by any means
7, 8, and/or 9, multiple areas may be separately masked-off known in the art. In one embodiment, the coating is a powder
prior to/during the coating process. coating, a metalized coating, a painted coating, or an over
wrap. Where the coating is a powder coating, a painted coat
DETAILED DESCRIPTION OF THE PREFERRED ing, or a metalized coating, or the like, the product viewing
EMBODIMENTS 30 area can be conveniently formed by applying a removable
masking material on the container prior to the coating, and
Disclosed herein are packages for protecting a colored, subsequently removing said masking material after the coat
light-sensitive product from damaging light exposure, while ing process. The coating process in various embodiments
simultaneously allowing the product to be seen by a potential may involve one or more steps of heating the container and
purchaser by the use of one or more discreet viewing windows 35 thus is preferably conducted before the container is filled with
that allow the colored product to show through. The packages product, however, other embodiments may be practiced
are generally packages Such as bottles or jars that normally before, during, or after a filling operation.
are clear, i.e., transparent to most forms of light, including In one embodiment, the product is photo-curable orphoto
various wavelengths of UV light. The packages disclosed sensitive, and the coating Substantially reduces the transmis
herein are modified in one of several ways so as to be sub 40 sion of at least one wavelength of visible or UV light (in one
stantially less transparent or even opaque. However, to allow or more of the UV-A, UV-B, or UV-C ranges). In the absence
the product to be observed by the purchaser, the package of the coating, the light would otherwise pass through the
features a viewing window that is substantially transparent to container to the product, and cause a detrimental effect on the
allow the consumer or purchaser to observe the color of the product during Storage, display/merchandising, or Subse
product. 45 quent use.
Surprisingly, the inventor has discovered that the inclusion By “substantially reducing it is generally intended that at
of a product viewing area or window in a coated package that least a 20% reduction of light transmission of at least one
substantially precludes light that would otherwise pass wavelength of light occurs; more preferably at least 30, 40, or
through the package does not result in significant curing, 50% or more of one or more wavelengths of light. In one
hardening, spoilage, or the like, of the product. This is par 50 presently preferred embodiment, the coating is a generally
ticularly useful for products that cure, harden, polymerize, opaque coating, reducing transmission of visible light that
set, or gel, or whose desirable properties are otherwise altered would otherwise pass through to the package contents by at
by exposure to the light that would pass through the package least 80%, 90%, or even more.
in the absence of the coating. Rather, while the color can be In various embodiments, the packaging system further
observed through the product viewing area, the exposure of 55 comprises a cap, a lid, a top, or an applicator. Such caps,
the product to the reduced amount of light passing through the including applicator caps are known in the art and commonly
product viewing area of the coated transparent container, e.g., used with color products, including cosmetics, paint (e.g.
bottle, orjar, does not result in complete curing of the product. touch-up paint), etc.
Instead, only a small amount is affected. Such as a thin-film of In a presently preferred embodiment, the consumer prod
cured or hardened product that forms in the vicinity of the 60 uct is a cosmetic product. Examples of products for which the
product viewing area or window. Without being bound to any packages described herein are particularly useful include nail
one theory of operation, it is presently believed that by not products, including nail polish, nail gel, or combinations
exceeding a certain amount of light exposure, certain prod and/or modifications thereof.
ucts, such as photo-curable cosmetic products, will not be In a second aspect, the invention provides cosmetic con
substantially impacted adversely by the exposure to the light 65 tainers comprising a transparent bottle or jar. The container,
passing through the product viewing area. Moreover, it e.g. bottle, is Substantially covered with a coating that Sub
appears that the thin film that forms serves to help protect the stantially reduces the amount of at least one wavelength of
US 8,528,739 B2
5 6
light that would otherwise pass through the bottle to the It should be noted that the relative dimensions of the vari
contents. The container features at least one transparent prod ous components of the packaging system, containers, bottles,
uct viewing area that is adapted to allow the product to show jars, etc disclosed herein can vary according to need.
through the viewing area/window. And as discussed above, the overall shape of the container
In various embodiments, the coating for the container is a 5 can also vary according to design preferences. For example,
powder coating, a painted coating, a metalized coating, or an various types of bottles have become recognized as industry
overwrap. For applications where the coating is a powder 'standards' and may be conveniently used in connection with
coating, a painted coating, or a metalized coating, the viewing this disclosure. Alternatively, any shaped container, including
area or window can be formed by applying masking material 10
unique or custom shapes can be adapted with a coating and
prior to and during the coating process, and Subsequently product viewing area as disclosed.
removing the masking material to uncover a transparent With further reference to the figures, FIG. 4 depicts another
viewing area in the shape of the mask. Techniques for mask embodiment of the packaging system 10 showing a container
ing and unmasking in connection with the application of 20 of similar overall shape, and featuring a product viewing
paints, coatings and the like are known in the art. The masks 15 area 40 of different shape/style.
can comprise one or multiple portions such that when With yet further reference to the figures, FIGS. 5 & 6 each
removed the viewing area may comprise a single area in the depict an embodiment of a cosmetic container 100 useful for
shape of the mask, or may comprise multiple areas. nail polish, gel, or the like. As with the packaging system
Where a single viewing area is used it is desirable to have above, the bottle 120 is covered with a coating 130. The
the area appear attractive to the consumer. Any shape can be bottles 120 each have a transparent product viewing area 140.
used including geometric shapes (circles, ellipses, ovals, tri Optional caps 150 are also shown and may be applicator caps.
angles, squares, rectangles, and other polygons of any num The embodiments of the cosmetic container 100 in FIGS. 5
ber of sides or shape). In addition the viewing area can be a and 6 show different product viewing area configurations
free-form shape, or could comprise logo, design, or the like. with FIGS. 5 and 6 showing a single viewing area, and FIG. 4
Viewing areas in the shape of objects of nature (e.g. flowers, 25 showing a viewing area with multiple discreet sections that
petals, bouquets, plants, trees, feathers, etc.), symbols (e.g. are not connected. To produce this product viewing area,
hearts), people or body parts (e.g. eyes, hands, face), or other multiple areas can be separately masked-off priortofor during
real world object may also be useful for the overall shape of a the coating process.
viewing area Such that the product and its color can be With yet further reference to the figures, FIGS. 7, 8, and 9
observed. Where the viewing area comprises multiple areas, 30
show several different configurations of the cosmetic con
the shape of Such areas is limited only by the human imagi tainer 100 embodied as nail polish bottles of different types
nation and includes such designs as floral designs, free-flow commonly known in the art. Each container 120 depicts one
ing forms and curves, balloons, fireworks combinations of or more product viewing areas 140 of different design to
any of the aforementioned, for example multiple Smaller allow the product (not shown) to be observed therethrough
circles, flowers, etc. are also contemplated for use herein. 35
In various embodiments, the product viewing area com while enhancing the appeal of the container or bottle 120.
prises less than about 25% of the surface area of the bottle. Optional caps 150 are shown for each bottle 120.
Preferably the product viewing area is less than about 20% of In another aspect of the invention, methods of reducing
the bottle. In some embodiments, less than 15, 12, or even undesired curing of a photo-curable product while allowing
10% of the Surface remains as a transparent viewing area. The 40 the product to be seen in its container, the method comprising
inventor has found that generally for light-sensitive products, the steps of:
and particularly for those that are designed to be photo-cured, providing a transparent container in which to store the
a viewing area in excess of about 25% of the surface area product;
normally exposed to light will not provide the thin film behind masking at least one Surface area of the container with a
the viewing window, but rather will result in light-induced 45 masking material;
changes to the bulk of the product, and thus the product will coating the masked container with a coating material that
be rendered substantially useless for its intended purpose. blocks at least one wavelength of light that would otherwise
In preferred embodiments herein, the product is nail polish pass through the container, and which can cause the photo
or nail gel, or a combination or modification thereof. Jars or curable product to cure;
bottles for use with colored cosmetics are known in the art, 50 removing the mask to produce a product viewing area; and
and presently preferred bottles for nail products include filling the coated container with the photo-curable product
cylindrical bottles (for example, in 15 ml, or 0.5 oz size). whereby the product can be seen through the product viewing
Other shapes are also useful and many are commercially aca.
available under a variety of trade names. Preferably the container is a bottle, such as a glass bottle. In
Further description of the packages will be facilitated by 55 one embodiment, the photo-curable product is colored and
reference to the Figures. FIGS. 1, 2, and 3 depict several the color is observable to a consumer through the product
views of an embodiment of the present invention. FIG. 2 viewing area, when the product is in the container. In another
depicts a front view of an embodiment of the packaging embodiment, the photo-curable product is a cosmetic product
system 10. The container 20 shown is a transparent cylindri for use on, e.g. nails.
cal bottle 20 covered with a coating 30, and featuring a trans 60 In one embodiment, the photo-curable product can be
parent product viewing area 40. The coating 30 is a powder cured by exposure to UV light or an LED light source of a
coating that is Substantially opaque. Also depicted is an particular wavelength that is effective to cure the photo-cur
optional cap 50. The cap 50 can be of any type or style that is able product, and the coating blocks out at least that wave
compatible with the product for which the packaging system length of light. In other embodiments, a thin film of the cured
10 is intended. In cosmetic applications, applicator caps are 65 product forms on the inside of the container in the vicinity of
known and typically used for nail products such as polishes the product viewing area, and further curing is substantially
and gels. curtailed, thereby extending the life and utility of the product.
US 8,528,739 B2
7 8
In yet another aspect of the present invention, a kit for systems, cosmetic containers, bottles, jars, and the like, along
reducing undesired curing of a UV-curable product compris with methods for making and using those packages, as well as
ing together, in one or more packages: kits and systems comprising the packages. The specific
a transparent container Substantially covered with a coat embodiments provided were primarily selected to illustrate
ing and having at least one transparent product viewing area 5 the features of the packages to the understanding of the skilled
adapted to allow a UV-curable product contained in the bottle artisan. Such a skilled artisan will appreciate that various
to show therethrough; wherein the coating Substantially modifications and alterations can be made to the specific
reduces the amount of at least one wavelength of UV light that embodiments exemplified, and that such modification and
would otherwise pass through the container to the UV-curable alterations are within the intended scope of the invention as
product contained therein; 10 defined in the appended claims.
a removable cap, lid, or applicator for adapted for remov What is claimed is:
ably sealing the container; and optionally, 1. A packaging system for use with a photo-curable con
a UV-curable product for storing in the container. Sumer product having a colorattribute, the system comprising
The product viewing area generally comprises less than a substantially transparent container having a coating thereon
about 20% of the surface area of the container, which is 15 adapted to Substantially reduce the transmission of light of at
preferably a bottle. least one wavelength capable of photo-curing said consumer
In one presently preferred embodiment, the product is a product that would pass through said container in the absence
cosmetic product for use with nails. The color of the product of the coating, said coated container having at least one Sub
can be readily observed through the product viewing area. stantially-transparent product viewing area thereon wherein
The kits can optionally include instructions for use of the 20 said viewing area is adapted to allow a consumer to observe
product or instructions for avoiding undesired or premature the color attribute of the product therethrough; and wherein
curing of the product. said viewing area substantially lacks said coating;
The foregoing has described several embodiments of the wherein said consumer product is a nail polish, nail gel, or
packages including the packaging Systems, cosmetic contain a combination or modification thereof.
ers, bottles, jars, and the like provided herein, as well as 25 2. The packaging system of claim 1 wherein the container
methods of making and using those packages, and kits com is a bottle or jar.
prising them. These and other aspects of the invention will 3. The packaging system of claim 1 wherein the coating is
become clearer through the examples provided below. a powder coating, a metalized coating, a painted coating, oran
overwrap.
Example 30 4. The packaging system of claim 3, wherein said product
viewing area is made by a process comprising the steps of:
There are recognized difficulties in storing and displaying providing a transparent container in which to store said
UV-sensitive product in a manner that both protects them product;
from substantial UV exposure and/or the effects thereof, and applying removable masking material onto the container
so that a consumer can see the attributes of the product, for 35 prior to its coating;
example, an appealing color. Further, it was believed that the coating said container with a powder coating, a painted
UV-curable products could not be stored and/or displayed in coating, or a metalized coating:
a package that allowed any UV light to pass through to the and
contents. In accordance with the disclosure, Surprisingly, the Subsequently removing said masking material from said
inventor has discovered that if a transparent container, such as 40 coated container to provide the product viewing area;
a glass bottle, is coated with a coating that restricts light wherein said viewing area allows a consumer to observe
transmission therethrough, a small transparent viewing win the color attribute of the product therethrough.
dow can be left through which the product color can be 5. The packaging system of claim 1 wherein the coating
observed. The window is preferably less than about 25% of Substantially reduces the transmission of at least wavelength
the surface area of the bottle. 45 of UV light in the UV-A, UV-B, or UV-C range.
Glass bottles are provided and, in preparation for a powder 6. The packaging system of claim 1 wherein the coating is
coating step, each is cleaned and inspected for blemishes. A opaque.
Small area comprising less than about 20% of the Surface area 7. The packaging system of claim 1 further comprising a
of each bottle is masked offusing materials that do not accept cap, a lid, a top, or an applicator.
the powder coating and which are easily removed after coat- 50 8. A cosmetic container for containing a colored photo
ing. Powder for the coating is applied and cured according to curable cosmetic product, said container comprising a trans
the manufacturer's recommendations. The masking material parent bottle Substantially covered with a coating and having
is removed to reveal a product viewing “window'. The bottles at least one transparent product viewing area adapted to allow
are examined for coverage and quality then packed for cus the product to show therethrough; wherein the coating Sub
tomer delivery. The bottles are later filled, and adapted with a 55 stantially reduces transmission of at least one wavelength of
cap. Such as an applicator cap. The product in the bottle is light capable of photo-curing said colored cosmetic product
generally colored and photo-sensitive and preferably photo that would otherwise pass through the bottle to the contained
curable, and the color of the product can be readily seen colored cosmetic product;
through the Substantially transparent product viewing area. wherein said viewing area Substantially lacks said coating:
Upon later analysis, it will be found that a bulk of the 60 and
product remains in good useful condition despite the on wherein said colored cosmetic product is a nail polish, nail
going exposure to light through the product viewing area. In gel, or a combination or modification thereof.
Some cases, it is found that a thin film of cured product on the 9. The cosmetic container of claim 8 wherein the coating is
inside of the bottle has formed on/in the vicinity of the prod a powder coating, a painted coating, a metalized coating, oran
uct viewing window. 65 overwrap.
There have been described and exemplified herein a num 10. The cosmetic container of claim 9, wherein said prod
ber of embodiments of packages including the packaging uct viewing area is made by a process comprising the steps of
US 8,528,739 B2
10
providing a transparent container in which to store said wherein said photo-curable product is a nail polish, nail
product; gel, or a combination or modification thereof.
applying removable masking material onto the container 16. The kit of claim 15 wherein the product viewing area
prior to its coating: comprises less than about 20% of the surface area of the
coating said container with a powder coating, a painted 5 bottle.
coating, or a metalized coating: 17. The kit of claim 15 said coated bottle contains a colored
and photo-curable cosmetic product for use with nails, and
Subsequently removing said masking material from said wherein the color of the product can be observed through the
coated container to provide the product viewing area; product viewing area.
wherein said viewing area allows a consumer to observe the 10
18. The kit of claim 15 further comprising instructions for
color attribute of the product therethrough. use of the product.
11. The cosmetic container of claim 8 wherein the product 19. A packaging system for use with a consumer product
viewing area comprises less than 20% of the surface area of having a colorattribute, the system comprising a substantially
the bottle.
12. A method of reducing undesired curing of a photo 15 transparent container having a coating thereon adapted to
curable product comprising the steps of Substantially reduce the transmission of light of at least one
providing a transparent bottle in which to store the product; wavelength that would pass through said container in the
masking at least one surface area of the bottle with a mask absence of the coating, said coated container having at least
ing material; one Substantially-transparent product viewing area thereon
coating the masked bottle with a coating material that wherein said viewing area is adapted to allow a consumer to
blocks transmission of at least one wavelength of light observe the color attribute of the product therethrough:
capable of photo-curing the product that would other wherein said consumer product is a nail polish, nail gel, or
wise pass through the bottle: a combination or modification thereof.
removing the mask to produce a product viewing area; and 20. A process for preparing a packaging system for use
filling the bottle with the photo-curable product, and cap 25 with a photo-curable consumer product having a color
ping said bottle; attribute, said process comprising:
wherein said photo-curable product is a nail polish, nail providing a container which is transparent to light of at
gel, or a combination or modification thereof. least one wavelength capable of photo-curing said con
13. The method of claim 12 wherein the photo-curable Sumer product;
product is colored and wherein the product’s color is observ 30
applying removable masking material onto a portion of the
able to a consumer through the product viewing area. container surface prior to its coating:
14. The method of claim 12 wherein the photo-curable coating said container with a powder coating, a painted
product can be cured by exposure to UV light oran LED light coating, or a metalized coating; and
Source emitting at least one wavelength of light effective to Subsequently removing said masking material from said
photo-cure the product. 35
15. A kit for reducing undesired curing of a photo-curable coated container Surface; to provide said packaging sys
product comprising: tem with a transparent viewing area for use with a con
a transparent bottle Substantially covered with a coating Sumer product having a color attribute;
and having at least one transparent product viewing area wherein said coating Substantially reduces the transmis
adapted to allow a photo-curable product contained in 40 sion of light of at least one wavelength capable of
the bottle to show therethrough; wherein the coating photo-curing said consumer product;
Substantially reduces transmission of at least one wave wherein said product viewing area is transparent to said
length of light capable of photo-curing the product that wavelength of light and allows a consumer to observe
would otherwise pass through the bottle to the photo said color attribute of the product therethrough; and
curable product contained therein; 45 wherein said consumer product is a nail polish, nail gel,
or a combination or modification thereof.
a removable cap, lid, or applicator adapted for removably
sealing the bottle; k k k k k
USOOD651515S
(12) United States Design Patent (10) Patent No.: US D651,515S

Haile (45) Date of Patent: ... Jan. 3, 2012
(54) BOTTLE WITH TRANSPARENT WINDOW D333,428 S 2, 1993 Gobe
D363,375 S * 10/1995 Arntsen ......................... D4,116
D365,751 S 1, 1996 H
(76) Inventor: Danny Lee Haile, La Mirada, CA (US) D399.658 S 10, 1998 Noella
D422.219 S 4/2000 Gobe
(**) Term: 14 Years D429,154 S * 8/2000 Chang ............................ D9,503
D431,779 S 10/2000 NoSella
(21) Appl. No. 29/379,634 D449,228 S * 10/2001 Nosella .......................... D9,500
D476,901 S * 7/2003 Crawford ....................... D9,557
(22) Filed: Nov. 22, 2010 D479,134 S. 9/2003 Murata
(51) LOC (9) Cl. .................................................. O9-O1 D487,703 S 3/2004 Orsomando
D488,064 S * 4/2004 Crawford ....................... D9.5O2
(52) U.S. Cl. .......................................... D9/503; D9/553 D538.479 S 3/2007 Martinez
(58) Field of Classification Search ................... D9/418, D543,113 S 5/2007 Mongeon et al.
D9/434, 500, 502-505, 516,549–550, 558, D543,114 S 5/2007 Mongeon et al.
D9/574575, 715, 718 719,553,566; D4/116; D556,040 S 11/2007 Kawashima et al.
D28/4, 7, 76 77,99; 206/15.2, 15.3: 401/129; (Continued)
215/379,381-382: 220/660, 669, 675
See application file for complete search history. FOREIGN PATENT DOCUMENTS
JP 1202886 4/2004
(56) References Cited (Continued)
U.S. PATENT DOCUMENTS Primary Examiner — Ian Simmons
D28,240 S 2f1898 Wellhouse Assistant Examiner — Dana L. Sipos
D68,779 S 11/1925 Gibson
D69,493 S 2f1926 Ciardi (74) Attorney, Agent, or Firm — Feldman Gale, P.A.; Walter
D73,190 S 8, 1927 Mezitis C. Frank
D76,350 S 9, 1928 Love et al.
D78,110 S 3, 1929 Lancet (57) CLAM
D121927 S 8/1940 Miller, Jr. I claim the ornamental design for a bottle with transparent
2.249,832 A 7, 1941 Hubschman window, as shown and described.
2,532,857 A * 12/1950 Ricciardi ...................... 220.662 DESCRIPTION
D162,721 S 4, 1951 Ferraro
D168,416 S 12/1952 McGinnis
3,337,901 A 8, 1967 Schefer et al. FIG. 1 is a front elevation view of a bottle with transparent
3,361,304. A 1/1968 Thompson window showing my new design;
3,362.587 A 1, 1968 Postel FIG. 2 is a rear elevation view thereof;
D214,159 S * 5/1969 Hart et al. ...................... D9,503 FIG. 3 is a right side elevation view thereof; and,
D249,870 S * 10/1978 Tillander . D9,607 FIG. 4 is a top plan view thereof; and FIG. 5 is a bottom plan
D259,252 S * 5/1981 Acker ............................ D4,116 view thereof.
D298,514 S 11, 1988 Dole et al.
D330,859 S 11/1992 Schaeffer
D332,919 S * 2/1993 Turnbullet al. ............... D9,500 1 Claim, 2 Drawing Sheets
US D651,515S
Page 2
U.S. PATENT DOCUMENTS D600,134 S 9, 2009 Black

D556,043 S 11/2007 Rabie R2 s 388 E. et al.
D560,508 S 1/2008 Lepoitevin D617206 S 6, 2010 Shaw etal
D563,798 S 3/2008 Gibson et al.
D568,753 S 5, 2008 Woolf FOREIGN PATENT DOCUMENTS
D569,734 S * 5/2008 Imperato et al. ............... D9,560
D595,125 S * 6/2009 Doyle ............................ D9/418 KR 30-0266534 11, 2000
D598,289 S 8/2009 Taylor * cited by examiner
U.S. Patent Jan. 3, 2012 Sheet 1 of 2 US D651,515S
s
U.S. Patent Jan. 3, 2012 Sheet 2 of 2 US D651,515S

USOOD656824S
(12) United States Design Patent (10) Patent No.: US D656,824 S

Haile (45) Date of Patent: . * Apr. 3, 2012
(54) BOTTLE WITH TRANSPARENT WINDOW D168,416 S 12/1952 McGinnis
3,337,901 A 8, 1967 Schefer et al.
(76) Inventor: Danny Lee Haile, La Mirada, CA (US) 3,361,304. A 1/1968 Thompson
3,362.587 A 1, 1968 Postel
D214,159 S * 5/1969 Hart et al. ...................... D9,503
(*) Notice: This patent is subject to a terminal dis D259,252 S * 5/1981 Acker ............................ D4,116
claimer. D298,514 S 11/1988 Dole et al.
D326,339 S * 5/1992 Sherman et al. ............... D2866
(**) Term: 14 Years D330,859 S 11/1992 Schaeffer
D332,919 S * 2/1993 Turnbullet al. ............... D9,500
D333,428 S 2, 1993 Gobe
(21) Appl. No. 29/379,630 D363,375 S * 10/1995 Arntsen ......................... D4,116
D365,751 S 1, 1996 HSu
(22) Filed: Nov. 22, 2010 D399.658 S 10, 1998 NoSella
D422.219 S 4/2000 Gobe
Related U.S. Application Data D429,154 S * 8/2000 Chang ............................ D9,503
D431,779 S 10/2000 NoSella
(63) Continuation-in-part of application No. 29/350.948, D449,228 S * 10/2001 Nosella .......................... D9,500
filed on Nov. 25, 2009, now abandoned. D449,531 S * 10/2001 Cooley ... D9,500
D476,237 S * 6/2003 Canepa ... D9,545
(30) Foreign Application Priority Data D476,901 S * 7/2003 Crawford ....................... D9,557
D479,134 S 9, 2003 Murata
May 25, 2010 (JP) ................................. 2010-0 12837 D487,703 S 3/2004 Orsomando
(51) LOC (9) Cl. .................................................. O9-O1 D488,064 S * 4/2004 Crawford ....................... D9.5O2
(52) U.S. Cl. .......................................... D9/503; D9/551 (Continued)
(58) Field of Classification Search ................... D9/418, Primary Examiner — Ian Simmons
D9/434, 500, 502-505, 516,549–550, 558,
D9/571, 574575, 715, 718 719, 551, 564: Assistant Examiner — Dana L. Sipos
D4/116; D28/4, 7, 76 77,99; 206/15.2, (74) Attorney, Agent, or Firm — Feldman Gale, P.A.; Walter
206/15.3: 401/129; 215/379,381-382: 220/660, C. Frank
220/669,675
See application file for complete search history. (57) CLAM
The ornamental design for a “bottle with transparent win
(56) References Cited dow, as shown and described.
U.S. PATENT DOCUMENTS DESCRIPTION
D28,240 S 2f1898 Wellhouse
D68,779 S 11/1925 Gibson FIG. 1 is a front elevation view of a bottle with transparent
D69,493 S 2f1926 Ciardi window showing my new design;
D73,190 S 8, 1927 Mezitis FIG. 2 is a rear elevation view thereof;
D76,350 S 9, 1928 Love et al. FIG. 3 is a right side elevation view thereof;
D78,110 S 3, 1929 Lancet
D121927 S 8/1940 Miller, Jr. FIG. 4 is a top plan view thereof; and,
2.249,832 A 7, 1941 Hubschman FIG. 5 is a bottom plan view thereof.
D162,721 S 4, 1951 Ferraro 1 Claim, 2 Drawing Sheets
:
US D656,824 S
Page 2
U.S. PATENT DOCUMENTS D563,798 S 3/2008 Gibson et al.

D568,753 S 5, 2008 Woolf
D499,019 S * 1 1/2004 Sagmeister et al. ........... D9,418 D569,734 S * 5/2008 Imperato et al. ............... D9,560
D510,083 S * 9/2005 Kasden ........................ D14/2O7 D598,289 S 8/2009 Taylor
D538.479 S 3/2007 Martinez D600,134 S 9, 2009 Black
D543,113 S 5/2007 Mongeon et al. D607,728 S 1/2010 Berger et al.
D543,114 S 5/2007 Mongeon et al. D613,173 S 4/2010 Bansal
D543.459 S * 5/2007 Konieczny ..................... D9/505 D617.206 S 6, 2010 Shaw etal
D556,040 S 11/2007 Kawashima et al.
D556,043 S 11, 2007 Rabie
D560,508 S 1/2008 Lepoitevin * cited by examiner
i. w
8.
i Sex
r a a.
8.

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$36.99 Sold by: mocobelle
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Color #005
Brand Vishine
Finish Matte New (2) from
Type $37.99
item 800 Grams
Weight
Other Sellers on Amazon
Item Gel
Form
$37.99 ($3739/ Add to Cart
Count)
About this item
•
Vishine Nail Starter Kit: SUNOne sold by: GlitterPlanetUS
48W Curing Nail LED Lamp + 6PCS

Colors Gel Polish + 1PCS Matte Top Have nne tn ge117
Coat +
Top Base Coat Set + Nail Art Sell Amazon
on
Tools (Totally 31 in 1 Kit)
• 48W UV LED Lamp HIGH
EFFICIENCY AND GOOD THERMAL
DISSIPATION The Ementy nail -
Lill
lamp offers a drying speed equal to MO.9PPES°
_
twice the speed of the normal UV

LED lamp. The heat sink hole and
ff
111
fan design
the machine for 30 seconds,
can continuously cool Lj_ More Joy, More
Coloring Life
protecting the machine from
overheating. Modelones Gel Nail Polish Kit Wit...
•
Nice Gel Colors Collection: Classic
11,022
colors suitable for any occassions,
$35.98 ./prime
long wearing fot 14 days, non
smell, no harm to skin, mirror shine Sponsored
finish.
•
DIY fun with Salon quality Nail
Lamp Set: Awesome kit for a gel
beginner, basic nail manicure tools

willhelp you complete the process
of your nail art, save money from
nail salon.
•
Certification: MSDS,FDA,SGS,CE
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These iterns are shipped from and sold by different sellers. Show details
151 This item: Vishine Gel Nail Polish Starter Kit -

48W LED Lamp 6 Color & Base Top Coat Set, Manicure Tools Popular ...
$37.99 (37.99/Count)
OTeenitor Nail Polish Gel Remover Tools Kit with Nail Clips Nail Remover Pads Cuticle Pusher Nail Brushes Nail File Gri... $8.99 ($8.99/Count)
n Pronto 100% Pure Acetone -
Quick, Professional Nail Polish Remover -

For Natural, Gel, Acrylic, Sculptured Nails (8 $9.99 ($1.25/F1 Oz)
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$54.99
Product Description
ColorVishine 48W LED Lamp gel polish Starter kit
"Package Content'
Gel Nail Polish x6
48W Nail Lamp x1
Top Coat xl
Base Coat x1
Nail Fite x1
Nail Buffer xl(Washable and Disinfectable)
Nail Brush xl
Cuticle Fork x1
Dotting Pen xl
Cuticle Pusher xl
Nail Separators x2
Matt Top Coat xl
Revitalizing Nail xl
French stickers x 2 sheets (various designs)
Striping Tape x2 (color gold and silver)
SPECIFICATION:
Bottle: 8ml, Package: 7.48'6.7713.75.39 (inches)
Usage
Step 1: Clean nails then trim nail surface as normal manicure process.
Step 2: Fully shake up the polish, it can make the polish color be balanced.(lmportant)
Step 3: Apply the base coat firstly, then cure with the Led or uv nail dryer Lamp.(Necessary)
Step 4: Apply the color gel polish, then cure with the nail dryer. Apply the 2/3rd layer if necessary. Cure with the nail dryer after each layer.
Step 5: Coat with the top coat, then cure with the nail dryer.
Step 6: Remove the tacky surface with cotton soaked with the cleasner.
Step 7: Enjoy your 14 Day Manicure!
"
FAQ
1. Peet off Easily?
(1) The oiliness nail itself that will make the gel polish peel off easily.
(*TIPS*: use nail strengthener to get improved)
(2)Without using a nail file to dehydrate your nail and make the nail surface dry and rough.
(3)Curing too Long time under the Lamp that influence the nail's durability.
(4)Not enough nail surface cleanser to wipe the sticky Layer, or it will be cracked.
(5)Different brand base coat used with our brand gel that MAY influence its compatibility.
Product details
Is Discontinued By Manufacturer: No
Package Dimensions: 8.94 x 7.52 x 3.82 inches; 1.76 Pounds

UPC: 710654854224
Manufacturer: Vishine
ASIN: BO7JDDC866
Best Sellers Rank: #51,935 in Beauty & Personal Care (See Top 100 in Beauty & Personal Care)
#1,059 in Nail Polish
Customer Reviews:
2003
,ratings
Compare with similar items
This item Vishine Gel Nail Gel Nail Polish Starter Kit -
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48W 6 Colors Gel Polish Set Base Macaron Series Nail Polish Gel Polish Kit, 40W Gel Nail
LED Lamp 6 Color & Base Top Coat, 36W LED Nail Peach Pink Blue Green LED UV Light Base Top Coat
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Designs #05 Vishine 8m1 #12 Manicure Salon Collection
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Add to Cart Add to Cart Add to Cart Add to Cart
Customer (2003) (12925) (738) (777)

Rating
Price $1 1 99
$3799 $3229 $2999
Shipping
Sold By Mocobelle Mocobelle Mocobelle Mocobelle
Brand Name Vishine Vishine Vishine Vishine
Color #005 Set 012 C007 Kit #02
Item Form Gel Gel Gel Gel
Size 23 Piece Set 0.27 Ft Oz (Pack of 1) 0.27 Fl Oz (Pack of 6) 24 Piece Set
Videos
Help others learn more about this product by uploading a video!
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Important information
Indications
Brushes thinly for every layer, 2-3 even layers coverage can rich the color.
Ingredients
Natural Resin
Directions
Requires drying under UV or LED lamp. Average for UV lamp 2 mins, LED lamp for 30-60 secs.
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Customer Questions & Answers
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Nail Alliance v. Vishine - Complaint

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Nail Alliance v. Vishine - Complaint

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Case 8:22-cv-00937 Document 1 Filed 05/06/22 Page 1 of 31 Page ID #:1

Blank Rome LLP

1 7. Defendants are subject to this Court’s specific personal jurisdiction

1 27. GELISH brand products provided salons and professional nail

1 • Professional Beauty & Wellness’ Innovative Product of the Year

21 35. GELISH brand foundation and topcoat are designed to be used in

1 avoid risks of harm to consumers. Cheap, low-quality products and poor

1 54. The infringing Vishine product incorporates Nail Alliances’ GELISH

24 63. As seen from a where a customer would be standing, neither the

1 COUNT I: TRADE DRESS INFRINGEMENT

1 COUNT II: FALSE DESIGNATION OF ORIGIN

1 114. Defendants’ infringement is and has been willful, deliberate and

1 K. An award of damages pursuant to 35 U.S.C. § 284, including

FIRST USE 9-12-2009; IN COMIVIERCE 9-12-2009.

SER. NO. 85-772,243, FILED 11-6-2012.

SHAILA LEWIS, EXAMINING ATTORNEY

REQUIREMENTS TO MAINTAIN YOUR FEDERAL

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE

Requirements in the First Ten Years*

Requirements in Successive Ten-Year Periods*

Grace Period Filings*

reminder of these filing requirements.

*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registmtion with

FIRST USE 9-1-2012; IN COMMERCE 9-1-2012.

SER. NO. 85-772,255, FILED 11-6-2012.

SHAILA LEWIS, EXAMINING ATTORNEY

REQUIREMENTS TO MAINTAIN YOUR FEDERAL

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE

Requirements in the First Ten Years*

Requirements in Successive Ten-Year Periods*

Grace Period Filings*

reminder of these filing requirements.

*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registmtion with

(12) United States Design Patent (10) Patent No.: US D656,824 S

U.S. PATENT DOCUMENTS D563,798 S 3/2008 Gibson et al.

U.S. Patent Apr. 3, 2012 Sheet 1 of 2 US D656,824 S

U.S. Patent Apr. 3, 2012 Sheet 2 of 2 US D656,824 S

(12) United States Patent (10) Patent No.: US 8,528,739 B2

(*) Notice: Subject to any disclaimer, the term of this 587-835.

U.S. Patent Sep. 10, 2013 Sheet 1 of 4 US 8,528,739 B2

U.S. Patent Sep. 10, 2013 Sheet 2 of 4 US 8,528,739 B2

U.S. Patent Sep. 10, 2013 Sheet 3 of 4 US 8,528,739 B2

U.S. Patent Sep. 10, 2013 Sheet 4 of 4 US 8,528,739 B2

2029 Century Park East | 6th Floor | Los Angeles, CA 90067

Phone: (424) 239-3469

Fax: (424) 389-7610

March 30, 2022

VIA FEDERAL EXPRESS & E-MAIL:

Vishine Enterprise Limited

RE: Notice of Infringement of Intellectual Property Rights of Nail Alliance, LLC

Dear Messrs. He:

We represent Nail Alliance, LLC (“Nail Alliance”) in connection with intellectual

Blank Rome LLP | blankrome.com

4. Contact the undersigned to discuss settlement options.

Please contact the undersigned if you have any questions.

Blank Rome LLP | blankrome.com

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY

SER. NO. 87-038,043, FILED 05-16-2016

REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION

Requirements in the First Ten Years*

Requirements in Successive Ten-Year Periods*

Grace Period Filings*

*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an