Case 1:24-cv-00071-JNR Document 1 Filed 01/18/24 Page 1 of 89 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
`
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`WILD MAN LAB LLC and WILD MAN
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`DRINKING COMPANY,
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` Plaintiffs,
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`Case No. __________________
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`JURY TRIAL DEMANDED
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`v.
`
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`WHALECO INC.,
` d/b/a Temu
`
`
`
` Defendant.
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`
`
`Complaint for Patent, Trademark, and Copyright Infringement
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`
`Plaintiffs Wild Man Lab LLC and Wild Man Drinking Company (collectively, “Wild Man”
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`or “Plaintiffs”), by and through their undersigned attorneys, file this Complaint against Defendant
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`Whaleco Inc. (“Temu”) for patent infringement, trademark infringement, and copyright
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`infringement, and allege, upon knowledge, information, and belief that Temu is infringing Wild
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`Man patents, trademarks, and a copyright.
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`
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`The Exhibits filed with this Complaint are set forth below.
`
`Exhibit
`No.
`A
`B
`C
`D
`E
`F
`G
`H
`I
`J
`K
`L
`M
`N
`O
`P
`
`Complaint Exhibit Name
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`U.S. Patent No. 11,518,663
`U.S. Patent No. 11,731,868
`Trademark Registration No. 7,136,238
`Trademark Registration No. 7,154,135
`Copyright Registration No. VA 2-369-440
`Email receipt for October 4, 2023 Temu Order
`Delivery confirmation for October 4, 2023 Temu Order
`Picture of packaging for products ordered in Ex. G.
`Picture of packaging and products ordered in Ex. G.
`Pictures of Representative Temu Knockoff from products ordered in Ex. G
`Claim chart for Representative Temu Knockoff and claims 1 and 6 of the ’663 Patent
`Claim chart for Representative Temu Knockoff and claims 1 and 6 of the ’868 Patent
`“Temu | About Temu” website page
`“Temu | Shipping Info” website page
`“Where Does Temu Ship From” website page
`Receipt for products purchased in Ex. G
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`Nature of the Action
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`1.
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`Wild Man brings this action under the Patent Laws of the United States, 35 U.S.C. § 1 et
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`seq., based on Temu’s infringement of U.S. Patent No. 11,518,663 (“’663 Patent”) (attached as
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`Exhibit A), which issued on December 6, 2022, and U.S. Patent No. 11,731,868 and (“’868
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`Patent”) (attached as Exhibit B), which issued on August 22, 2023.
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`2.
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`Wild Man brings this action under the Trademark Laws of the United States15 U.S.C. §
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`1051 et seq. (Lanham Act) for Temu’s infringement of Plaintiff’s federally-registered trademarks
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`WILD MAN DRINKING COMPANY® and THE KRAK’IN® (attached as Exhibits C and D).
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`3.
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`Wild Man brings this action under the Copyright Laws of the United States, 17 U.S.C. §
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`101 et seq., for Temu’s infringement of Wild Man’s copyrighted works (Federal Copyright
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`Registration No. VA 2-369-440) (attached as Exhibit E).
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`Parties
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`4.
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`Plaintiff, Wild Man Lab LLC, is a Pennsylvania limited liability company with its principal
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`place of business at 2537 Montrose Street unit B, Philadelphia, PA 19146.
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`5.
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`Plaintiff, Wild Man Drinking Company, is a Pennsylvania limited liability company with
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`its principal place of business at 2505 Washington Avenue, Philadelphia, PA 19146.
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`6.
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`Defendant, Whaleco Inc. (“Temu”), is a Delaware corporation with a principal place of
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`business at 31 St. James Avenue, Boston, Massachusetts 02116. Whaleco Inc. d/b/a “Temu” and
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`operates an online retail store under the Temu brand at https://www.temu.com. “Temu” means
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`“Team Up, Price Down.”
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`Case 1:24-cv-00071-JNR Document 1 Filed 01/18/24 Page 3 of 89 PageID #: 3
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`Subject Matter Jurisdiction
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`7.
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`This Court has subject matter jurisdiction over the patent claims asserted in this action
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`pursuant to 28 U.S.C. §§ 1331 and 1338(a) because the claims herein arise under the Patent Laws
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`of the United States, 35 U.S.C. § 1, et seq.
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`8.
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`This Court has subject matter jurisdiction over the trademark claims asserted in this action
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`pursuant to 28 U.S.C. § 1338(b) and the Lanham Act, 15 U.S.C. § 1051 et seq.
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`9.
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`This Court has subject matter jurisdiction over the copyright claims asserted in this action
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`pursuant to 28 U.S.C. § 1338(b) and the Federal Copyright Act, 17 U.S.C. § 100 et seq.
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`Personal Jurisdiction
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`10.
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`Personal jurisdiction over Temu is proper in this District because Temu is a Delaware
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`corporation, and therefore this Court has general jurisdiction over Temu.
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`11.
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`Personal jurisdiction over Temu is further proper in this District because Temu has
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`purposively availed itself of the laws and forum of Delaware and reasonably anticipated that it
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`could be sued in this District. For example, Temu has committed acts of patent, trademark, and
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`copyright infringement as described herein in this District and has derived substantial revenue
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`from its infringement in this District. Temu’s contacts with this District are systematic and
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`continuous.
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`Venue
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`12.
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`Venue is proper over Temu for Wild Man’s patent infringement claims under 28 U.S.C. §
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`1400(b) because Temu is incorporated in Delaware and therefore resides in Delaware under 28
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`U.S.C. § 1400(b).
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`13.
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`Venue is proper over Temu for Wild Man’s trademark claims pursuant to 28 U.S.C. §
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`1391(b)(1) because Temu is incorporated in Delaware. Venue is proper over Temu for Wild Man’s
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`trademark claims pursuant to 28 U.S.C. § 1391(b)(2) because a substantial parts of the events (e.g.,
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`Temu’s infringing activity and false designations of origin) giving rise to Wild Man’s federal
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`trademark claims occurred in this District.
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`14.
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`Venue is proper over Temu for Wild Man’s copyright claims pursuant to 28 U.S.C. §
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`1391(b)(1) because Temu is incorporated in Delaware. Venue is proper over Temu for Wild Man’s
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`copyright claims pursuant to 28 U.S.C. § 1391(b)(2) because a substantial parts of the events (e.g.,
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`Temu’s infringing activity) giving rise to Wild Man’s copyright claims occurred in this District.
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`15.
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`Venue is further proper in this District over Wild Man’s trademark and copyrights claims
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`against Temu under the doctrine of pendent venue because the acts giving rise to those claims arise
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`out of and are related to the facts giving rise to Wild Man’s patent claims against Temu.
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`Facts
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`Wild Man’s Business and Products
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`16. Wild Man is a beverage drinking accessory company.
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`17.
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`After Mr. Nicholas Widmann graduated Drexel University with a Bachelor of Science
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`degree in mechanical engineering in 2020, Mr. Widmann founded Wild Man.
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`18.
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`Starting in about August 2020, Mr. Widmann began developing a device for “shotgunning”
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`a beverage (e.g., beer). Shotgunning is a well-known method of consuming a beverage from a
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`can, particularly beer. Generally, people shotgun a beverage by puncturing a beverage can with a
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`key, thumb, or other device to create a hole in the can, placing the hole next to their mouth, and
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`opening the can tab so that fluid flows. A problem with this technique is that it is not safe.
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`Typically, a key, object, or thumb is used to initially puncture the can. The initial puncture creates
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`a small hole and bends the can metal. The bent metal often has sharp edges. The sharp metal
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`edges may extend outward from the can. In many instances, the key/object/thumb has to be
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`finessed to create a bigger hole and the sharp metal edges have to be bent into the can. These sharp
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`metal edges can cut a user’s hand when puncturing the can, when creating a bigger hole after the
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`initial puncture, and when bending the metal edges from protruding outward. Also, if the user
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`misses the can with the key or other object when attempting to puncture the can, the user may
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`suffer an injury. Another problem with this technique is that a seal is not created when the can is
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`punctured, so liquid can squirt out during puncturing, after puncturing, while moving the can to a
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`user’s mouth, and while drinking. This can be messy. A further issue with this technique is that
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`placing a user’s mouth against the side of a can is not hygienic.
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`19. Mr. Widmann created a device that could address at least these problems. Some of Mr.
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`Widmann’s design goals were to provide a device that safely punctures a hole in a can, prevents
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`spilling the beverage, prevents cuts to the hand and mouth, and is more hygienic than prior
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`techniques. Further, the tool would also have to create an enclosure around the hole, irrespective
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`of the can’s shape or size, to prevent leaking.
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`20.
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`To overcome the problems that existed, Mr. Widmann invented the widely popular
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`shotgunning device that is known by its trade name, THE KRAK’IN®. Wild Man sold THE
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`KRAK’IN® and THE KRAK’IN® 2.0. THE KRAK’IN® was the first product released by Wild
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`Man. The second version was THE KRAK’IN® 2.0. THE KRAK’IN® 2.0 is shown below:
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`THE KRAK’IN® 2.0
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`
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`21.
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`THE KRAK’IN® is shown below. THE KRAK’IN® has a pivot arm that can be placed
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`against the bottom of a can. The pivot arm provides a fulcrum for rotating THE KRAK’IN®
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`relative to the can. The entry portion has a piercing portion, such that when THE KRAK’IN® is
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`rotated relative to the can, the piercing portion is rotated into contact with the can side wall and
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`punctures the can. A swift metal cut is made with the metal extending inward into the can to
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`prevent injury. THE KRAK’IN® also has a gasket for creating a seal over the created can hole.
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`In order to protect the user, THE KRAK’IN® has a spout for a user to drink from, so that the user
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`does not have to place his/her mouth into contact with a can. The entry portion has a piercing
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`portion having apertures so that fluid can flow from the can, through apertures in the entry portion,
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`and through the bore in the spout to a user.
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` THE KRAK’IN®
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`Piercing
`Portion
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`Pivot arm
`with
`curved
`portion
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`Entry
`Portion
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`Gasket
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`Shroud
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`Spout with bore
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`THE KRAK’IN®
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`22.
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`As shown below, THE KRAK’IN® can be coupled to the bottom of a can. THE
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`KRAK’IN® is rotated relative to the can about the connection point between THE KRAK’IN®
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`and the can, such that THE KRAK’IN® swiftly punctures a hole in the can sidewall. A seal is
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`created between THE KRAK’IN® and the can sidewall. A user can safely drink from THE
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`KRAK’IN® spout.
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`Use of THE KRAK’IN®
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`23.
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`THE KRAK’IN® safely punctures a hole in a can and plugs into the side wall of the
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`beverage can, without exposing the user to any sharp metal tears created during puncturing because
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`the deformed metal is pushed into the can by THE KRAK’IN®. THE KRAK’IN® also prevents
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`other unsanitary conditions because the user does not have to place his/her mouth against the can.
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`Moreover, THE KRAK’IN® creates a seal to prevent leaking.
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`24. Wild Man began
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`its first round of sales via
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`its website
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`in January 2022
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`(https://wildmandrinking.com/products/the-krakin-2). THE KRAK’IN® product launch was
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`successful. Wild Man quickly sold out of its initial THE KRAK’IN® inventory.
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`25.
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`Since January 2022, THE KRAK’IN® has been successful and has generated significant
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`revenue in just over two years of sales.
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`26. Wild Man’s brand and THE KRAK’IN® product’s online presence is strong, not only on
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`its own website, but on the various social media platforms through which it engages with the
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`public. Wild Man’s Instagram account has over 18,300 followers. Wild Man’s TikTok account
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`has over 500,000 followers and has about 377 videos that provide tutorials and engagement with
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`Wild Man’s customers. Wild Man’s Facebook account has over 3,100 followers. Wild Man uses
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`THE KRAK’IN® and WILD MAN DRINKING COMPANY® marks on these social media
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`platforms.
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`27.
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`THE KRAK’IN® has also been praised throughout social media platforms. Examples of
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`praise for THE KRAK’IN® that have been uploaded by Wild Man’s customers to the Wild Man
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`website can be found at https://wildmandrinking.com/products/the-krakin#scroll-here. Below are
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`just some examples of the praise that THE KRAK’IN® has received.
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`Examples of Praise for THE KRAK’IN®
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`Wild Man’s Patents
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`28.
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`The ’663 Patent, entitled “Beverage Drinking Apparatus,” was issued by the United States
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`Patent and Trademark Office (“USPTO”) on December 6, 2022. The ‘663 Patent matured from
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`U.S. Patent Appl. No. 63/188,530, filed on May 14, 2021 and claims priority to United States
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`provisional patent application serial no. 63/188,530. A true and correct copy of the ‘663 Patent is
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`attached hereto as Exhibit A.
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`29. Wild Man Lab LLC is the assignee and owner of the of the ’663 Patent. Wild Man
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`Drinking Company has exclusive license rights to the ’663 Patent including the right to exclude
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`others and to enforce the ’663 Patent and recover damages for past and future infringement.
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`30.
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`The ’663 Patent is valid, enforceable, and was duly issued in full compliance with Title 35
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`of the United States Code.
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`31.
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`Independent claim 1 of the ’663 Patent is set forth below:
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`A beverage drinking apparatus comprising:
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`a spout comprising a bore;
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`a pivot arm comprising a curved portion, wherein the curved portion defines a
`fulcrum for rotating the beverage drinking apparatus;
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`a shroud extending from the spout; and
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`an entry portion extending from a first end of the spout, the entry portion
`comprising a flow portion defining a plurality of first apertures and a piercing
`portion that is distal from the shroud, the piercing portion configured to pierce a
`hole in a sidewall of a beverage can as the beverage drinking apparatus is pivoted
`about the fulcrum with the curved portion engaged with a bottom surface of the
`beverage can, wherein the entry portion is curved downward toward the pivot arm
`from the shroud to the piercing portion such that the piercing portion and the flow
`portion penetrate the hole as the beverage drinking apparatus is further pivoted
`about the fulcrum such that liquid from the beverage can enters the bore through
`the plurality of first apertures,
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`and wherein the shroud configured to partially surround the sidewall of the
`beverage can where the entry portion is received within the hole, and wherein the
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`shroud comprises a concave inner face that is configured to be proximate to the
`sidewall of the beverage can when the entry portion is received within the hole.
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`32. Wild Man’s THE KRAK’IN® and THE KRAK’IN® 2.0 products are covered by at least
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`claims 1 and 6 of the ’663 Patent.
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`33.
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`The ’868 Patent, entitled “Beverage Drinking Apparatus,” was issued by the USPTO on
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`August 22, 2023. The ’868 Patent matured from U.S. Patent Appl. No. 17/971,0121, which claims
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`the benefit of the filing dates of United States patent application no. 17/744,226 and U.S.
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`Provisional Patent Appl. No. 63/188,530, filed May 14, 2021. A true and correct copy of the ’868
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`Patent is attached hereto as Exhibit B.
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`34. Wild Man Lab LLC is the assignee and owner of the of the ’868 Patent. Wild Man
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`Drinking Company has exclusive license rights to the ’868 Patent including the right to exclude
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`others and to enforce the ’868 Patent and recover damages for past and future infringement.
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`35.
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`The ’868 Patent is valid, enforceable, and was duly issued in full compliance with Title 35
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`of the United States Code.
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`36.
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`Independent Claim 1 of the ’868 Patent is exemplary of its claims and is:
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`A beverage drinking apparatus comprising:
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`a spout comprising a bore;
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`a pivot arm comprising a curved portion that defines a fulcrum for rotating the beverage
`drinking apparatus;
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`a shroud extending from the spout; and
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`an entry portion extending from a first end of the spout, the entry portion
`comprising a flow portion defining a plurality of first apertures and a piercing portion that
`is configured to pierce a hole in a sidewall of a beverage can as the beverage drinking
`apparatus is pivoted about the fulcrum with the pivot arm engaged with a bottom surface
`of the beverage can, the entry portion being curved downward toward the pivot arm from
`the shroud to the piercing portion such that the piercing portion and the flow portion
`penetrate the hole as the beverage drinking apparatus is further pivoted about the fulcrum
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`such that liquid from the beverage can is able to flow into the bore through the plurality of
`first apertures,
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`
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`wherein the shroud is configured to be proximate to the sidewall of the beverage
`can when the entry portion is received within the hole.
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`37. Wild Man has sold KRAK’IN® products that are covered by at least claims 1 and 6 of the
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`’868 Patent.
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`38.
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` The ’663 and ’868 Patents are collectively referred to as the “Krak’in Patents.”
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`Wild Man’s Trademarks
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`39. Wild Man owns a valid United States federal trademark registration for the WILD MAN
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`DRINKING COMPANY® Mark, Reg. No. 7,136,238 covering “[b]everageware in the nature of
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`a drinking device attachable to a beverage can through which the beverage may be consumed;
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`Beverage drinking apparatus in the nature of an opener attachment with a pressurized seal and a
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`drinking spout” in International Class 21, registered on August 15, 2023 (Ex. C). The WILD MAN
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`DRINKING COMPANY® trademark consists of standard characters without claim to any
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`particular font, style, size, or color.
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`40. Wild Man owns a valid United States federal trademark registration for THE KRAK’IN®
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`Mark, Reg. No. 7,154,135 covering “[b]everageware in the nature of a drinking device attachable
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`to a beverage can through which the beverage may be consumed; Beverage drinking apparatus in
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`the nature of an opener attachment with a pressurized seal and a drinking spout” in International
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`Class 21, registered on September 5, 2023 (Ex. D). THE KRAK’IN® trademark consists of
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`standard characters without claim to any particular font, style, size, or color.
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`41.
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`True and correct copies of Wild Man’s registrations for the WILD MAN DRINKING
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`COMPANY® and THE KRAK’IN® marks (together the “Wild Man Marks”) are attached hereto
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`as Exhibits C and D.
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`42.
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`THE KRAK’IN® and THE KRAK’IN® 2.0 are: beverageware in the nature of drinking
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`devices attachable to a beverage can through which beverages may be consumed and beverage
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`drinking apparatuses in the nature of openers that attach to a can with a pressurized seal and a
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`drinking spout.
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`43. Wild Man has used the Wild Man Marks in commerce throughout the United States
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`continuously since at least 2022 and has invested over a million dollars in connection with the
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`manufacture, distribution, offering for sale, sale, marketing, advertising, and promotion of the
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`Wild Man Marks. Examples of this are Wild Man’s online marketing through outlets such as
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`TikTok and Instagram, sponsored online advertisements with Google and YouTube, and paying
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`promoters/influencers for promoting THE KRAK’IN® products on social media platforms. Wild
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`Man has also used the Wild Man Marks to promote THE KRAK’IN® and THE KRAK’IN® 2.0
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`on its website since at least 2022 (https://wildmandrinking.com).
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`44.
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`For example, Wild Man has used the WILD MAN DRINKING® trademark on the Wild
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`Man website, product packaging, and clothing as shown below to promote THE KRAK’IN®
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`products. Wild Man has used the WILD MAN DRINKING® trademark on Wild Man’s Instagram
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`Account (https://www.instagram.com/p/CYhMzF-FZdo/?igsh=c3oybWIydXVlczlj) to promote
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`THE KRAK’IN ® products.
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`Example of Wild Man’s use of the WILD MAN DRINKING COMPANY® Trademark
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`45. Wild Man has used THE KRAK’IN® trademark on its beverageware/beverage drinking
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`apparatus product packaging as shown below, on its website, and on the Wild Man Instagram
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`account since at least 2022.
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`Example of Wild Man’s use of THE KRAK’IN® Trademark on Product Packaging
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`Example of Wild Man’s use of THE KRAK’IN® Trademark on Wild Man’s Website
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`46.
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`As a result of Wild Man’s widespread, continuous, and exclusive use of the Wild Man
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`Marks to identify its goods and services and Wild Man as their source, Wild Man enjoys valid and
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`subsisting federal rights to the Wild Man Marks.
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`47. Wild Man’s beverageware/beverage drinking apparatuses have been successful and the
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`Wild Man Marks are a valuable asset.
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`48.
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`The Wild Man Marks are distinctive to both the consuming public and Wild Man’s trade.
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`The products that Wild Man offers under the Wild Man Marks are of high quality. Wild Man
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`devotes significant resources to product development, quality control, and providing customer
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`service to customers of its retail channels, all to ensure that the products it offers are reflective of,
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`and consistent with, its brand’s prestige.
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`49.
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`To protect the integrity of its brand, Wild Man does not license the Wild Man Marks to
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`others in connection with selling and distributing beverage drinking devices.
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`Wild Man’s Copyright Registration
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`50. Wild Man obtained Federal Copyright Registration No. VA 2-369-440 for certain works
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`associated with marketing THE KRAK’IN®’s as of November 6, 2023. Wild Man’s copyright
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`registration is attached as Exhibit E.
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`Temu’s Infringement of the Krak’in Patents
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`51.
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` While perhaps not yet a household name, Temu purports to be one of the fastest growing
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`online retailers in the United States. According to its website, “Temu is an online marketplace that
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`connects consumers with millions of sellers, manufacturers and brands” (Ex. M). Temu is owned
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`by a foreign company PPD Holdings, also known as Pinduoduo. PPD Holdings is a publicly
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`traded company.
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`52.
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`Temu is an online store that sells a range of products ranging from clothing to kitchenware
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`and electronic devices. Temu advertises products for sale on at least Temu’s online retail store at
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`temu.com, Temu’s mobile applications, and Temu’s direct-to-consumer advertisements
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`(collectively “Temu Platforms.”).
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`53.
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`Temu is colloquially known for advertising low cost, poor quality, and/or knock-off
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`products manufactured in foreign countries. The products being sold on temu.com are often
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`considerably cheaper than similar sold on other online retailor websites. Wikipedia reports
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`instances where Temu also has been reported to have not respected the rights of others
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`(https://en.wikipedia.org/wiki/Temu_(marketplace)). A simple Google search on “what is Temu”
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`reveals that following answer dated September 27, 2023:
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`54. Wild Man noticed that Temu was advertising blatant Krak’in knockoffs for sale in 2023
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`referred to herein as “Krak’in Knockoffs.” Below is a screenshot taken on November 10, 2023
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`from the Temu website in response to the search “Kraken Shotgunning Tool” on the Temu website.
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`As shown, the search revealed that Temu lists Krak’in Knock-offs for sale for less than $3/unit.
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`Krak’in Knockoffs have been offered for sale on temu.com for as little as $1.69 each and often in
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`the range of $2-$4. By contrast, Wild Man sells THE KRAK’IN® product for about $19.99. This
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`screen shot is illustrative of the Krak’in Knockoffs that have been sold through Temu’s Platforms
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`starting in about July 2023.
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`Case 1:24-cv-00071-JNR Document 1 Filed 01/18/24 Page 20 of 89 PageID #: 20
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`Example Screenshot of Temu’s Website
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`55.
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`As can be seen in an exploded view of a portion of the above screenshot, Temu describes
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`
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`the Krak’in Knockoffs as an “innovative shotgun tool.”
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`Exploded View of Temu Website
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`56.
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`Temu advertised Krak’in Knockoffs for sale through direct-to-consumer advertising. For
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`example, as shown below in the exemplary August 30, 2023 and November 13, 2023 emails sent
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`from Temu to Mr. Widmann, Temu advertised Krak’in Knockoffs for sale. The email examples
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`below are examples of Temu’s direct-to-consumer advertisements for Krak’in Knockoffs. Temu’s
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`direct-to-consumer advertisements do not identify a third-party seller of the Krak’in Knockoffs.
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`Temu’s direct-to-consumer advertisements identify the price and the product for sale and have a
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`button to click for purchasing the product. Temu promotes the Krak’in Knockoffs as “highly
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`rated” and “getting popular” in its emails. Temu’s direct-to-consumer advertisements for Krak’in
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`Knockoffs were sent from by Temu from a Temu email address: email@market.temuemail.com
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`to consumers that were identified by Temu using Temu’s software from the consumer’s interaction
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`with the Temu Platforms. Also, Temu adjusted and controlled the pricing in the direct-to-
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`consumer advertisements below by providing a discount from $15.49 to $4.49 and from $10.09 to
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`$3.14.
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`Case 1:24-cv-00071-JNR Document 1 Filed 01/18/24 Page 22 of 89 PageID #: 22
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`Exemplary Temu Direct-to-Consumer Advertisements for Krak’in Knockoffs
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`Case 1:24-cv-00071-JNR Document 1 Filed 01/18/24 Page 23 of 89 PageID #: 23
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`57.
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`The Krak’in Knockoffs being sold on the Temu Platforms are copies of the patented THE
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`KRAK’IN®. Krak’in Knockoffs were purchased from the temu.com website in response to an
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`offer for sale on the Temu.com website as shown for example in Exhibits F-J. Exhibit F is a Temu
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`order confirmation for three Krak’in Knockoffs placed on the temu.com website. Exhibit G is the
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`DHL tracking information for the Krak’in Knockoffs that Temu produced in response to the order
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`placed in Exhibit F. Exhibits H and I are pictures of the package received in response to the order
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`placed in Exhibit F. Exhibit J is pictures of one of three products received in response to the order
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`in Exhibit F.
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`58.
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`The Krak’in Knockoff shown in Exhibit J is representative of the Krak’in Knockoffs
`
`offered for sale and sold through the Temu Platforms and imported into the United States in
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`response to orders placed on the Temu Platforms. The Krak’in Knockoff shown in Exhibit J is
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`referred to as the “Representative Temu Knockoff.”
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`59.
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`The Representative Temu Knockoff is within the scope of claims 1 and 6 of the ’663 Patent
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`and claims 1 and 6 of the ’868 Patent, as shown in the claims charts attached as Exhibits K and L.
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`The Representative Temu Knockoff is a copy of Wild Man’s technology patented in the Wild Man
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`Patents.
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`60.
`
`61.
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`62.
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`Temu advertised Krak’in Knockoffs for sale on Temu’s mobile application.
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`Krak’in Knockoffs were offered for sale in the United States on the Temu Platforms.
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`Krak’in Knockoffs were sold in the United States through orders placed on the Temu
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`Platforms from the United States.
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`63.
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`Krak’in Knockoffs were imported into the United States in response to orders placed
`
`through the Temu Platforms.
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`64. Wild Man’s outside counsel Ryan Peddle at Flaster Greenberg PC sent the following notice
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`to Temu on August 3, 2023 providing actual notice to Temu of the ’663 Patent and Temu’s
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`infringement of the ’663 Patent.
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`Case 1:24-cv-00071-JNR Document 1 Filed 01/18/24 Page 25 of 89 PageID #: 25
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`Infringement Notice to Temu
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`25
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`Case 1:24-cv-00071-JNR Document 1 Filed 01/18/24 Page 26 of 89 PageID #: 26
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`65.
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`To curb the rampant copying and sale of Krak’in Knockoffs through the Temu Platforms,
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`Wild Man filed Intellectual Property Infringement Reports in accordance with Temu’s Intellectual
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`Property Policy. Temu’s Intellectual Property Policy required that Wild Man specifically identify
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`the infringing products by URL on an individualized basis. But the sheer number of Krak’in
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`Knockoffs being sold on temu.com was overwhelming. Wild Man was playing “Whac-A-Mole.”
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`New Krak’in Knockoffs were being added to Temu’s website faster than Wild Man could prepare
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`and file Intellectual Property Infringement Reports with Temu.
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`66. Wild Man engaged a brand protection company, Red Points Brand Protection, to find,
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`track, and remove counterfeit listings and sellers from online retailers like temu.com. To date,
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`Red Points has submitted more than one hundred (100) Intellectual Property Infringement Reports
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`to temu.com that provided Temu with actual notice of its infringement of at least the ’663 Patent.
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`67.
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`Through Red Points, Wild Man gave actual notice to Temu of its infringement of the ’663
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`Patent as early as August 2023. While Temu acted on some reports, others went unheard. In some
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`instances, Temu failed to act or even acknowledge the Intellectual Property Infringement Reports.
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`In others, Temu inaccurately states that “Temu is a passive e-commerce platform and as such we
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`are not actively involved in the listing or sale of any products” as shown below. Further, Temu
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`demanded that Wild Man provide “a court order requiring the removal of product(s) you allege
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`violate your utility patent rights.” Below is an example response from Temu on August 21, 2023:
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`Example Temu Response to Infringement Notice
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`68.
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`Temu Krak’in Knockoffs continued to be offered for sale, sold, and imported despite Wild
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`Man’s efforts to have Temu respect Wild Man’s patent rights.
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`69.
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`Because Temu chose to willfully disregard Wild Man’s intellectually property rights, Wild
`
`Man was forced to file this case.
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`Temu’s Unauthorized Use of Wild Man’s Trademarks
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`70.
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`Despite Wild Man’s rights in the Wild Man Marks, and without Wild Man’s authorization,
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`Temu has been using marks very similar to or identical to the Wild Man Marks to advertise,
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`promote, offer for sale, and distribute Krak’in Knockoffs that compete with Wild Man’s THE
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`KRAK’IN® products. Temu has used the marks “Krak In,” “krakin,” “kraken,” “The Krak’in,”
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`“Krak’in” and “Wild Man Drinking Company,” which are together referred to as “Temu’s Marks.”
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`Temu has used the Temu Marks on the Temu Platforms and through sponsored advertising on
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`Google to promote sales of Krak’in Knockoffs.
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`71.
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`An example of Temu using “Kraken” is shown below where Temu advertised a Krak’in
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`Knockoff for sale as an “innovative Shotgun Tool with Built, Beer Shotgun Tool, Kraken Shotgun
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`Tool, Beer Can Shotgun Opener, Keychain Design, Beer Can Shotgun Opener.” The example
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`below is a November 6, 2023 screenshot from the temu.com website.
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`Annotated Example of Temu’s use of “Kraken”
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`
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`72.
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`Below is an example of Temu using the “Krak’in” mark in a Temu sponsored
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`advertisement in a confusingly similar way to Wild Man’s THE KRAK’IN® mark to sell a Krak’in
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`Knockoff for shotgunning a beverage. The example below was downloaded from the website
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`https://www.tiktok.com/@seehall/video/7266893541962517803 on January 17, 2024. In this
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`example, a TikTok user posted a copy of a Temu Platform advertisement that uses the marks “The
`
`Krak In” and “Krak’in” to promote the sale of Krak’in Knockoffs. On information and belief,
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`Temu used “The Krak In” and “Krak’in” marks after Wild Man registered THE KRAKIN®
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`trademark.
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`Case 1:24-cv-00071-JNR Document 1 Filed 01/18/24 Page 29 of 89 PageID #: 29
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`Example of Temu’s use of “The K