Nike, Inc. et al v. QiLoo International Limited

Filing 15

AMENDED COMPLAINT with Jury Demand against QiLoo International Limited, filed by Nike, Inc., Converse, Inc.. No changes to parties. Proof of service due by 6/7/2012. (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, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN, # 41 Exhibit OO, # 42 Exhibit PP, # 43 Exhibit QQ, # 44 Exhibit RR, # 45 Exhibit SS, # 46 Exhibit TT, # 47 Exhibit UU, # 48 Exhibit VV, # 49 Exhibit WW, # 50 Exhibit XX, # 51 Exhibit YY, # 52 Exhibit ZZ, # 53 Exhibit AAA, # 54 Exhibit BBB, # 55 Exhibit CCC, # 56 Exhibit DDD, # 57 Exhibit EEE, # 58 Exhibit FFF, # 59 Exhibit GGG) (Fountain, Jonathan)

EXHIBIT GG

February 3, 2010
QiLoo International Limited
2-2303, No. 2 Bldg.
Fuxin Garden Castle, Fengze Street
QuanZhou, 362000, Fujian, China
Re:

- Date Typo -- This letter was hand served
on August 11, 2010.

Notice of Patent Infringement Under 35 U.S.C. §287 Regarding U.S . Patent Nos.
D555,332 and D586,548; and
Notice of Trademark Infringement - Chuck Taylor Outsole Designs, U.S.
Trademark Registration Nos. 1,588,960 and 3,258,103; Dunk "high" and "low"
designs, U.S. Trademark Registration Nos. 3,711 ,303 and 3,711 ,305; and Air
Force 1 "low" design, U.S. Trademark Registration No. 3,451,905

Dear Mr. Kevin Lin:
This letter is on behalf ofNIKE, Inc. and its wholly owned subsidiary, Converse, Inc.
First, this letter provides QiLoo notice under 35 U.S.C. §287 that shoes it is offering to
sell and selling at the WSA trade show, including shoes identified by model number QL-24715 ,
infringe Converse's U.S. Patent No. D555,332. In addition, shoes that QiLoo is offering to sell
and selling through its current catalog available at the current WSA trade show, including shoes
identified as model number QL-26294, infringe NIKE's U.S. Patent No. D586,548. Copies of
these patents are enclosed for your reference. We request that yot: immediately stop offering to
sell and selling shoes covered by these design patents.
Second, as you undoubtedly know, Converse has used the outsole tread designs shown
below in connection with Converse Chuck Taylor All Star athletic and fashion related footwear
products around the world for many years. As a result of Converse' s long and substantial use of
its outsole tread designs, those designs are associated with Converse and Converse owns
trademark rights in its outsole tread designs.

Converse Chuck Taylor All Star Outsole Tread Design Trademarks
NIKE, INC.

ONE BOWERMAN DRIVE OF 4, BEAVERTON, OR 97005

T: 503.671.6453

F: 503.671.5777

NIKE.COM

Converse also owns United States Trademark Registration Nos. 1,588,960 and 3,258, I 03,
relating to its Chuck Taylor All Star outsole tread designs. Copies of the Certificates of
Registration for these trademarks are enclosed for your reference. Converse's outsole tread
design trademarks are valuable assets of Converse.
Based on an investigation at the current WSA trade show in Las Vegas, we learned that
your company is infringing Converse's outsole tread design trademark rights by promoting and
selling shoes, including shoes identified by model number QL-27141 , QL-27188, QL-23860, and
QL-25472, bearing confusingly similar outsole designs to the Chuck Taylor All Star outsole
tread designs.
Your company's use of Converse's trademarks violates Converse's federally registered
trademark rights, and constitutes infringement and unfair competition under federal , state, and
common law. Therefore, we request that you immediately stop promoting and selling these
infringing shoes.
Third, this letter provides you with notice that NIKE owns common law trademark rights
and a series of United States Trademark Registrations in the appearance of its NIKE Dunk shoes,
including its Dunk "low" and "high" shoe designs. Copies of the Certificates of Registration
relating to the Dunk " low" and "high" designs, Trademark Registration Nos. 3,711,303 and
3,7II ,305, are enclosed.
Based on our investigations at the current WSA trade show in Las Vegas, we 2: >o learned
that your company is infringing NIKE's trademark rights in its Dunk " low" and "high" shoe
designs by promoting and selling shoes bearing confusingly similar designs to the NIKE Dunk
"low" and " high" designs. Unfortunately, we were not able to locate any identifying model
names or numbers on these shoes.
Your company's use of the NIKE Dunk trademarks is a violation of NIKE' s federall y
registered trademark rights, and constitutes infringement and unfair competition under federal,
state, and common law. Please immediately stop promoting and selling these infringing shoes.
Finally, the QiLoo catalog that you are currently distributing at the WSA trade show
advertises and promotes shoes identified by model number QL-234I6. As we have twice
previously advised you, these shoes bear a confusingly similar design to NIKE's trad( . 1ark in its
Air Force 1 " low" shoe design, including U. S. Trademark Registration No. 3,45I ,905, a copy of
which is enclosed. Your company's continued use of this NIKE trademark is a willful violation
of NIKE's federally registered trademark rights, and constitutes unfair competition and dilution
under both federal, state, and common law. Again, we ask that you immediately stop all use of
NIKE's trademarks and stop advertising and selling your infringing shoes.
We have now had to advise QiLoo that it is infringing NIKE's intellectual property rights
at the WSA trade shows on at least July 30, 2008, August I, 2009, and February 3, 2010.
Indeed, we have now notified three times that your shoe model number QL-26294, infringes U.S.
Patent No. D586,548, and that your shoe model number QL-23416 violates NIKE's trademark
rights in its Air Force 1 " low" shoe design.

Under the circumstances, we insist that you enter into a written settlement agreement
acknowledging your infringements and agreeing to immediately stop infringing NIKE's rights.
Please contact me immediately at 503-671-6453 so that we can discuss this matter.
This letter is without prejudice to NIKE's or Converse's right to take any action against
QiLoo, and NIKE and Converse specifically reserve any and all rights and remedies available to
them.

Very truly yours,

cc:

Via hand delivery at the WSA Shoe Show in Las Vegas, Nevada.