This case was last updated from U.S. District Courts on 11/25/2021 at 06:23:54 (UTC).

OKYN Holdings, Inc. v. Hori U.S.A., Inc.

Case Summary

On November 24, 2021, OKYN Holdings, Inc. dba NYKO Technologies (“NYKO” or “Plaintiff”) represented by Siho Yoo, Syed A. Hasan and Thomas James Daly of Lewis Roca Rothgerber Christie LLP, filed an intellectual property lawsuit against Hori (U.S.A.), Inc. (“Hori” or “Defendant”), seeking injunctive relief and disgorgement of profits along with damages for the Defendant’s alleged false advertisement. This case was filed in U.S. District Court in the Central District of California with Judge R. Gary Klausner and Judge Patricia Donahue presiding. 

 

In its complaint, the Plaintiff alleged that, “Hori’s mischaracterization of its Charge Stand as a product “officially licensed by Nintendo” and/or its use of the Nintendo License Mark leaves a misleading impression to consumers including retail establishments that purchase and sell the products that anything included in the product packaging is licensed by Nintendo, when in fact, the Nintendo License Mark does not grant any license to Hori with respect to the product itself. The word “Licensed Product” of the Nintendo License Mark, as used with the other information displayed on the product packaging, does not indicate what is being actually licensed, and therefore, contributes to forming of such misleading impression.”

 

The Plaintiff further alleged that, “Hori’s mischaracterization of its Charge Stand as a product “officially licensed by Nintendo” and/or its use of the Nintendo License Mark leaves a misleading impression to retailers that Hori is licensed to manufacture or sell the product included in the packaging on behalf of Nintendo, when in fact, the Nintendo License Mark does not grant such license to Hori. The word “Licensed Product” of the Nintendo License Mark, as used with the other information displayed on the product packaging, does not clearly indicate what is being actually licensed, and therefore, contributes to forming of such misleading impression. NYKO has informed retail customers targeted by Hori and others that it holds patents directed to charging solutions that, among other features, incorporate adapters that facilitate charging of the video game controller and can remain connected to the video game controller as described and claimed in the Nyko Patents.”

 

The Plaintiff also alleged that, “On information and belief, Hori’s misrepresentation and/or Hori’s misleading use of the Nintendo License Mark has caused said retailers and/or consumers to believe that (1) Nintendo granted a license with respect to the Charge Stand itself; (2) Hori is licensed to manufacture or sell the Charge Stand on behalf of Nintendo; (3) Hori is authorized to use Nintendo’s technologies or patents. On information and belief, Hori’s false advertising wrongfully caused or causes the retailers and/or consumers to believe that having the Nintendo License Mark in the product packaging of the Charge Stand provides a competitive, additional selling point for Hori’s Charge Stand over other products because (1) Nintendo granted a license with respect to the Charge Stand itself; (2) Hori is licensed to manufacture or sell the Charge Stand on behalf of Nintendo.”

 

There are four claims for relief laid down by the Plaintiff. The first claim alleged deals with false advertising, 15 U.S.C. § 1125(a). The second claim alleged deals with state false advertising. The third claim alleged deals with state statutory unfair competition. The fourth claim alleged deals with state common law unfair competition.

 

In its prayer for relief, the Plaintiff requested the Court for a temporary and permanent injunction prohibiting Hori form further falsely advertising and unfairly competing and for a disgorgement of profits and restitution related to Hori’s false advertising and unfair competition along with such other relief as the Court may deem just and proper under the circumstances.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-09213

  • Filing Date:

    11/24/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

Judge Details

Presiding Judge

R. Gary Klausner

Referral Judge

Patricia Donahue

 

Party Details

Plaintiff

OKYN Holdings, Inc. a California corporation doing business as NYKO Technologies

Defendant

Hori U.S.A., Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Syed A Hasan

Attorney at Lewis Roca Rothgerber Christie LLP

655 North Central Avenue Suite 2300

Glendale, CA 91203-1445

Siho Yoo

Attorney at Lewis Roca Rothgerber Christie LLP

203 Redwood Shores Parkway, Suite 670

San Francisco, CA 94105

Thomas James Daly

Attorney at Lewis Roca Rothgerber Christie LLP

655 North Central Avenue Suite 2300

Glendale, CA 91203-1445

 

Court Documents

#10

(#10) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Hori U.S.A., Inc. (ghap) (Entered: 11/24/2021)

#9

(#9) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) (Entered: 11/24/2021)

#8

(#8) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 11/24/2021)

#7

(#7) NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Patricia Donahue. (ghap) (Entered: 11/24/2021)

#6

(#6) NOTICE of Related Case(s) filed by Plaintiff OKYN Holdings, Inc. dba NYKO Technologies. Related Case(s): 2:21-cv-04796-AB-PD (Hasan, Syed) (Entered: 11/24/2021)

#5

(#5) CORPORATE DISCLOSURE STATEMENT filed by Plaintiff OKYN Holdings, Inc. dba NYKO Technologies (Hasan, Syed) (Entered: 11/24/2021)

#4

(#4) Certification and NOTICE of Interested Parties filed by Plaintiff OKYN Holdings, Inc. dba NYKO Technologies, (Hasan, Syed) (Entered: 11/24/2021)

#3

(#3) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff OKYN Holdings, Inc. dba NYKO Technologies. (Hasan, Syed) (Entered: 11/24/2021)

1 #9

Exhibit I

1 #8

Exhibit H

1 #7

Exhibit G

1 #6

Exhibit F

1 #5

Exhibit E

1 #4

Exhibit D

1 #3

Exhibit C

1 #2

Exhibit B

1 #1

Exhibit A

1 #1

Main Document

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Docket Entries

  • 11/24/2021
  • View Court Documents
  • Docket(#10) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Hori U.S.A., Inc. (ghap) (Entered: 11/24/2021)

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  • 11/24/2021
  • View Court Documents
  • Docket(#9) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) (Entered: 11/24/2021)

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  • 11/24/2021
  • View Court Documents
  • Docket(#8) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 11/24/2021)

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  • 11/24/2021
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  • Docket(#7) NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Patricia Donahue. (ghap) (Entered: 11/24/2021)

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  • 11/24/2021
  • View Court Documents
  • Docket(#6) NOTICE of Related Case(s) filed by Plaintiff OKYN Holdings, Inc. dba NYKO Technologies. Related Case(s): 2:21-cv-04796-AB-PD (Hasan, Syed) (Entered: 11/24/2021)

    Read MoreRead Less
  • 11/24/2021
  • View Court Documents
  • Docket(#5) CORPORATE DISCLOSURE STATEMENT filed by Plaintiff OKYN Holdings, Inc. dba NYKO Technologies (Hasan, Syed) (Entered: 11/24/2021)

    Read MoreRead Less
  • 11/24/2021
  • View Court Documents
  • Docket(#4) Certification and NOTICE of Interested Parties filed by Plaintiff OKYN Holdings, Inc. dba NYKO Technologies, (Hasan, Syed) (Entered: 11/24/2021)

    Read MoreRead Less
  • 11/24/2021
  • View Court Documents
  • Docket(#3) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff OKYN Holdings, Inc. dba NYKO Technologies. (Hasan, Syed) (Entered: 11/24/2021)

    Read MoreRead Less
  • 11/24/2021
  • View Court Documents
  • Docket(#2) CIVIL COVER SHEET filed by Plaintiff OKYN Holdings, Inc. dba NYKO Technologies. (Hasan, Syed) (Entered: 11/24/2021)

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  • 11/24/2021
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  • Docket(#1) COMPLAINT Receipt No: ACACDC-32382316 - Fee: $402, filed by Plaintiff OKYN Holdings, Inc. dba NYKO Technologies. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I) (Attorney Syed A Hasan added to party OKYN Holdings, Inc. dba NYKO Technologies (pty:pla))(Hasan, Syed) (Entered: 11/24/2021)

    Read MoreRead Less
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