This case was last updated from U.S. District Courts on 12/17/2021 at 06:36:43 (UTC).

Williams-Sonoma, Inc. v. Wayfair, Inc.

Case Summary

On December 16, 2021, Williams-Sonoma, Inc. (“WSI” or “Plaintiff”), represented by Laura B. Najemy, Mark S. Puzella, and Sheryl Koval Garko of Orrick, Herrington & Sutcliffe LLP, filed an intellectual property lawsuit against Wayfair, Inc. (“Defendant”), seeking injunctive relief and damages along with pre- and post-judgement interest among other relief for the alleged infringement of United States Patents owned by Plaintiff. This case was filed in the U.S. District Court in the District of Massachusetts.

 

Plaintiff filed this complaint for the alleged infringement of U.S. Design Patent Nos. D875,415 (the “’415 Patent”), D836,822 (the “’822 Patent”), D880,180 (the “’180 Patent”), D815,452 (the “’452 Patent”), D917,911 (the “’911 Patent”), D821,768 (the “’768 Patent”), D899,830 (the “’830 Patent”), D836,823 (the “’823 Patent”), D813,573 (the “’573 Patent”) (collectively, “West Elm Design Patents”), owned by Plaintiff.

 

In the complaint Plaintiff alleged that, “Upon information and belief, Wayfair has been and continues to offer a series of products that are identical or virtually identical to those in which WSI owns design patent rights. The chart below shows the products Wayfair has sold or offered for sale or is selling and offering for sale, the corresponding design patent to which they are virtually identical, and the West Elm product that embodies the patented design. Third-parties have identified Wayfair products as being “look-alikes” for West Elm. See, e.g., https://caitlindelayblog.com/west-elm-look/. Wayfair, however, has falsely promoted its products as being unique or exclusive to Wayfair despite the fact that they are copies of West Elm products, including (but not limited to) those identified above as protected by the West Elm Design Patents. Upon information and belief, Wayfair’s claims that designs are exclusive to Wayfair when they are not, are material to consumers’ purchasing decisions.”

 

Plaintiff also alleged that, “Upon information and belief, Wayfair has sold, made offers to sell, continues to sell, and/or offers to sell products infringing the ’415 Patent throughout the United States and elsewhere, and within Massachusetts. Upon information and belief, Wayfair has sold, made offers to sell, continues to sell, and/or offers to sell products infringing the ’822 Patent throughout the United States and elsewhere, and within Massachusetts. WSI has been damaged by Wayfair’s infringement.”

 

Similar allegations have been made by Plaintiff with respect to the other West Elm Design Patents owned by Plaintiff.

 

There are thirteen claims for relief laid down by Plaintiff. Nine claims deal with the alleged infringement of West Elm Design Patents. The tenth claim deals with the alleged false advertising. The eleventh claim deals with the alleged unfair competition. The twelfth claim deals with the alleged California unfair competition law, Cal. Bus. & Prof. Code § 17200, et seq. The thirteenth claim deals with the alleged California false advertising Law, Cal. Bus. & Prof. Code § 17500, et seq.

 

In its prayer for relief, Plaintiff has requested the court to enter a judgment that Defendant has infringed the West Elm Design Patents; that the court enjoin Wayfair, and all in privity with Wayfair, from making false or misleading statements; enter an injunction against further infringement of the West Elm design patents; and that the court award WSI damages adequate to compensate WSI for the patent infringement, along with such other and further relief that the court deems just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-12063

  • Filing Date:

    12/16/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

 

Party Details

Plaintiff

Williams-Sonoma, Inc.

Defendant

Wayfair, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Sheryl Koval Garko

Attorney at Orrick, Herrington & Sutcliffe LLP

222 Berkley Street

Boston, MA 02116

Laura B. Najemy

Attorney at Orrick, Herrington & Sutcliffe LLP

222 Berkley Street

Boston, MA 02116

Mark S. Puzella

Attorney at Orrick, Herrington & Sutcliffe LLP

222 Berkley Street

Boston, MA 02116

 

Court Documents

#6

(#6) NOTICE of Appearance by Laura B. Najemy on behalf of Williams-Sonoma, Inc. (Najemy, Laura) (Entered: 12/16/2021)

#5

(#5) NOTICE of Appearance by Mark S. Puzella on behalf of Williams-Sonoma, Inc. (Puzella, Mark) (Entered: 12/16/2021)

#4

(#4) CORPORATE DISCLOSURE STATEMENT by Williams-Sonoma, Inc.. (Garko, Sheryl) (Entered: 12/16/2021)

#3

(#3) REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Garko, Sheryl) (Entered: 12/16/2021)

2 #11

Category Form

2 #10

Civil Cover Sheet

2 #9

Exhibit 9

2 #8

Exhibit 8

2 #7

Exhibit 7

2 #6

Exhibit 6

2 #5

Exhibit 5

2 #4

Exhibit 4

2 #3

Exhibit 3

2 #2

Exhibit 2

2 #1

Exhibit 1

2 #2

Main Document

1 #1

Civil Cover Sheet

1 #1

Main Document

9 More Documents Available
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Docket Entries

  • 12/16/2021
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  • Docket(#6) NOTICE of Appearance by Laura B. Najemy on behalf of Williams-Sonoma, Inc. (Najemy, Laura) (Entered: 12/16/2021)

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  • 12/16/2021
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  • Docket(#5) NOTICE of Appearance by Mark S. Puzella on behalf of Williams-Sonoma, Inc. (Puzella, Mark) (Entered: 12/16/2021)

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  • 12/16/2021
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  • Docket(#4) CORPORATE DISCLOSURE STATEMENT by Williams-Sonoma, Inc.. (Garko, Sheryl) (Entered: 12/16/2021)

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  • 12/16/2021
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  • Docket(#3) REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Garko, Sheryl) (Entered: 12/16/2021)

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  • 12/16/2021
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  • Docket(#2) COMPLAINT against Wayfair, Inc. Filing fee: $ 402, receipt number AMADC-9102871 (Fee Status: Filing Fee paid), filed by Williams-Sonoma, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Civil Cover Sheet, #11 Category Form)(Garko, Sheryl) (Entered: 12/16/2021)

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  • 12/16/2021
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  • Docket(#1) COMPLAINT against Williams-Sonoma, Inc. Filing fee: $ 402, receipt number AMADC-9102869 (Fee Status: Filing Fee paid), filed by Williams-Sonoma, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Garko, Sheryl) (Entered: 12/16/2021)

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