This case was last updated from U.S. District Courts on 01/01/2022 at 07:38:35 (UTC).

Spectrum Brands Pet LLC v. Chan, Kenny et al

Case Summary

On November 2, 2021, Spectrum Brands Pet LLC (“Spectrum Brands” or “Plaintiff”), represented by Christopher G. Hanewicz, Gabrielle E. Bina, and Michelle Marie Kemp of Perkins Coie LLP, filed an intellectual property lawsuit against Kenny Chan, Wenjun Mao, Wendy Chiang, and Xiuping He (collectively, “Defendants”), seeking permanent injunctive relief, actual or statutory damages among other reliefs for the alleged trademark infringement, trademark dilution, unfair competition and counterfeiting. This case was filed in the United States District Court in the Western District of Wisconsin. 

 

This is an action for alleged copyright infringement under 17 U.S.C. § 101 et seq.; trademark infringement, trademark dilution, unfair competition, and counterfeiting under the Lanham Act, 15 U.S.C. § 1051 et seq.; violation of the Wisconsin Deceptive Trade Practices Act; and common law trademark infringement and unfair competition.

 

In the complaint, the Plaintiff has alleged that, “Spectrum Brands is the owner, by assignment, of the entire right, title and interest in and to the Artwork, which is the subject of valid Certificates of Copyright Registration issued by the Register of Copyrights. Defendants’ unauthorized intentional reproduction and distribution of the Artwork to third parties infringes Spectrum Brands’ copyright interests in the Artwork.”

 

The Plaintiff then alleged that, “Defendants have knowingly caused, participated in, materially contributed to, induced, and derived economic benefit from the infringement of Spectrum Brands’ copyright rights. Defendants’ unauthorized use of the Artwork is a knowing, willful, and intentional violation of Spectrum Brands’ rights.”

 

The Plaintiff further alleged that, “The pet deshedding tools sold and offered for sale by Defendants in interstate commerce, without authorization from Spectrum Brands, are substantially identical to the pet deshedding tools sold by Spectrum Brands. Further, the pet deshedding tools sold and offered for sale by Defendants use trademarks that are identical to the FURminator® Marks. Defendants, by copying Spectrum Brands’ FURminator® Marks in connection with their pet deshedding tools, intentionally used a mark or designation knowing that mark or designation was a counterfeit mark in connection with the import, sale, offer to sell, or distribution of goods or services. Defendants’ unauthorized use of the FURminator® Marks is a knowing, willful, and intentional violation of Spectrum Brands’ rights.”

 

There are seven claims for relief laid down by the Plaintiff. The first claim for relief is for alleged copyright infringement. The second claim for relief is for alleged trademark infringement and counterfeiting under the Lanham act. The third claim for relief is for alleged trademark dilution. The fourth claim for relief is for alleged unfair competition and false designation of origin under the Lanham act. The fifth claim for relief is for alleged violation of Wisconsin deceptive trade practices act. The sixth claim for relief is for alleged common law trademark infringement. The seventh claim for relief is for alleged common law unfair competition.



In its prayer for relief, the Plaintiff has requested the Court to pass a judgement against the Defendants along with permanent injunctive relief and damages under 17 U.S.C. § 504 of either its actual damages, trebled, and attorneys’ fees, or statutory damages up to $2,000,000 for each counterfeit mark used for willful infringement. Further, the Plaintiff requested the Court to pass a judgment and order finding this an “exceptional” case and directing the Defendants to pay the costs of this action (including all disbursements) and attorney fees as provided by 15 U.S.C. § 1117(a) and 17 U.S.C. § 505, with interest and such other and further relief as this Court may deem just and equitable.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-00689

  • Filing Date:

    11/02/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

Judge Details

Presiding Judge

James D. Peterson

Referral Judge

Stephen L. Crocker

 

Party Details

Plaintiff

Spectrum Brands Pet LLC

Defendants

Kenny Chan

Wenjun Mao

Wendy Chiang

Xiuping He

John Does

Attorney/Law Firm Details

Plaintiff Attorneys

Christopher G. Hanewicz

Attorney at Perkins Coie LLP

33 East Main Street, Suite 201

Madison, WI 53703

Gabrielle E. Bina

Attorney at Perkins Coie LLP

One East Main Streetsuite 201

Madison, WI 53703-5118

Michelle Marie Kemp

Attorney at Perkins Coie LLP

33 E. Main Street, Ste. 201

Madison, WI 53703

 

Court Documents

#13

(#13) Clerk's Entry of Default as to Defendants Kenny Chan, Wendy Chiang, Xiuping He, Wenjun Mao. (kwf) (Entered: 12/21/2021)

#12

(#12) Affidavit of Michelle M. (Umberger) Kemp filed by Plaintiff Spectrum Brands Pet LLC re: #11 Motion for Entry of Default. (Kemp, Michelle) Modified on 12/13/2021. (lak) (Entered: 12/13/2021)

11 #2

Certificate of Service

11 #1

Text of Proposed Order

#11

(#11) Motion for Entry of Default as to Kenny Chan, Wendy Chiang, Xiuping He, Wenjun Mao. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service) (Kemp, Michelle) Modified on 12/13/2021. (lak) (Entered: 12/13/2021)

#10

(#10) Affidavit of Service by Plaintiff. Wendy Chiang served on 11/12/2021, answer due 12/3/2021. (Kemp, Michelle) (Entered: 11/23/2021)

#7

(#7) Affidavit of Service by Plaintiff. Kenny Chan served on 11/12/2021, answer due 12/3/2021. (Kemp, Michelle) (Entered: 11/23/2021)

#6

(#6) Report on Filing of Patent or Trademark Action. Copy provided to the US Patent and Trademark Office electronically. (kwf) (Entered: 11/03/2021)

#5

(#5) Summons Issued as to Kenny Chan, Wendy Chiang, Xiuping He, Wenjun Mao. (kwf) (Entered: 11/03/2021)

#4

(#4) Notice of Appearance filed by Gabrielle E. Bina for Plaintiff Spectrum Brands Pet LLC. (Bina, Gabrielle) (Entered: 11/02/2021)

#3

(#3) Notice of Appearance filed by Christopher G. Hanewicz for Plaintiff Spectrum Brands Pet LLC. (Hanewicz, Christopher) (Entered: 11/02/2021)

#2

(#2) Corporate Disclosure Statement by Plaintiff Spectrum Brands Pet LLC. (Kemp, Michelle) (Entered: 11/02/2021)

1 #16

Report on Filing Patent/Trademark Action

1 #15

Summons to Xiuping He

1 #12

Summons to Kenny Chan

1 #9

Exhibit I - VA 1-935-202

1 #4

Exhibit D - 5,722,436

1 #1

Exhibit A - 2,965,342

21 More Documents Available
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Docket Entries

  • 12/21/2021
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  • Docket(#13) Clerk's Entry of Default as to Defendants Kenny Chan, Wendy Chiang, Xiuping He, Wenjun Mao. (kwf) (Entered: 12/21/2021)

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  • 12/13/2021
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  • Docket(#12) Affidavit of Michelle M. (Umberger) Kemp filed by Plaintiff Spectrum Brands Pet LLC re: #11 Motion for Entry of Default. (Kemp, Michelle) Modified on 12/13/2021. (lak) (Entered: 12/13/2021)

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  • 12/13/2021
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  • Docket(#11) Motion for Entry of Default as to Kenny Chan, Wendy Chiang, Xiuping He, Wenjun Mao. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service) (Kemp, Michelle) Modified on 12/13/2021. (lak) (Entered: 12/13/2021)

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  • 11/23/2021
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  • Docket(#10) Affidavit of Service by Plaintiff. Wendy Chiang served on 11/12/2021, answer due 12/3/2021. (Kemp, Michelle) (Entered: 11/23/2021)

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  • 11/23/2021
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  • Docket(#9) Affidavit of Service by Plaintiff. Xiuping He served on 11/12/2021, answer due 12/3/2021. (Kemp, Michelle) (Entered: 11/23/2021)

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  • 11/23/2021
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  • Docket(#8) Affidavit of Service by Plaintiff. Wenjun Mao served on 11/12/2021, answer due 12/3/2021. (Kemp, Michelle) (Entered: 11/23/2021)

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  • 11/23/2021
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  • Docket(#7) Affidavit of Service by Plaintiff. Kenny Chan served on 11/12/2021, answer due 12/3/2021. (Kemp, Michelle) (Entered: 11/23/2021)

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  • 11/03/2021
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  • Docket(#6) Report on Filing of Patent or Trademark Action. Copy provided to the US Patent and Trademark Office electronically. (kwf) (Entered: 11/03/2021)

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  • 11/03/2021
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  • Docket(#5) Summons Issued as to Kenny Chan, Wendy Chiang, Xiuping He, Wenjun Mao. (kwf) (Entered: 11/03/2021)

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  • 11/03/2021
  • DocketStandard attachments for District Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (kwf) (Entered: 11/03/2021)

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  • 11/03/2021
  • DocketCase non-randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. See related cases 21-cv-473-jdp, 21-cv-513-jdp. (kwf) (Entered: 11/03/2021)

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  • 11/02/2021
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  • Docket(#4) Notice of Appearance filed by Gabrielle E. Bina for Plaintiff Spectrum Brands Pet LLC. (Bina, Gabrielle) (Entered: 11/02/2021)

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  • 11/02/2021
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  • Docket(#3) Notice of Appearance filed by Christopher G. Hanewicz for Plaintiff Spectrum Brands Pet LLC. (Hanewicz, Christopher) (Entered: 11/02/2021)

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  • 11/02/2021
  • View Court Documents
  • Docket(#2) Corporate Disclosure Statement by Plaintiff Spectrum Brands Pet LLC. (Kemp, Michelle) (Entered: 11/02/2021)

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  • 11/02/2021
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  • Docket(#1) TRADEMARK COMPLAINT against Kenny Chan, Wendy Chiang, John Does, Xiuping He, Wenjun Mao (Filing fee $ 402 receipt number 0758-2958894.) TRADEMARKS AT ISSUE: Trademark # 2,965,342, issued 7/5/2005, held by Spectrum Brands; Trademark # 3,238,141, issued 5/1/2007, held by Spectrum Brands; Trademark # 3,544,400, issued 12/9/2008, held by Spectrum Brands; Trademark # 5,722,436, issued 4/9/2019, held by Spectrum Brands, filed by Spectrum Brands Pet LLC. (Attachments: #1 Exhibit A - 2,965,342, #2 Exhibit B - 3,238,141, #3 Exhibit C - 3,544,400, #4 Exhibit D - 5,722,436, #5 Exhibit E - VA 1-935-204, #6 Exhibit F - VA 1-935-208, #7 Exhibit G - VA 1-935-198, #8 Exhibit H - VA 1-935-209, #9 Exhibit I - VA 1-935-202, #10 Exhibit J - VA 1-935-201, #11 JS-44 Civil Cover Sheet, #12 Summons to Kenny Chan, #13 Summons to Wendy Chiang, #14 Summons to Wenjun Mao, #15 Summons to Xiuping He, #16 Report on Filing Patent/Trademark Action) (Kemp, Michelle) Modified on 11/2/2021: Changed county from Dane to Out of State. Exhibits. (lak) (Entered: 11/02/2021)

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