throbber
Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 1 of 35
`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`
`
`WILLIAMS-SONOMA, INC.,
`
`
`
` Plaintiff,
`
`v.
`
`WAYFAIR, INC.,
`
` Defendant.
`
`
`
` JURY TRIAL DEMANDED
`
`
`
`COMPLAINT
`
`Plaintiff Williams-Sonoma, Inc. (“WSI”) through its brand West Elm (“West Elm”) alleges:
`
`1.
`
`Wayfair, Inc. through its group of brands, including Wayfair and AllModern,
`
`(“Wayfair”) deliberately infringes the intellectual property of WSI and unlawfully imitates the
`
`West Elm brand. Wayfair has engaged in this unlawful conduct for years. West Elm has
`
`repeatedly attempted to resolve these issues outside of the courtroom, to no avail.
`
`2.
`
`Each season, West Elm’s team of in-house design professionals create original and
`
`exclusive collections of products to embody and identify the distinctive West Elm brand. West
`
`Elm devotes tremendous resources to develop its unique designs and carefully curated aesthetic.
`
`As described more fully below, WSI owns numerous design patents to protect its famous West
`
`Elm brand.
`
`3.
`
`For many years, Wayfair has made, marketed, offered for sale, and sold numerous
`
`products which infringe WSI’s design patent rights and are so highly similar to West Elm’s
`
`patented products that an ordinary observer would be confused by the imitation.
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`
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`

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`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 2 of 35
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`4.
`
`Below are just a few examples of West Elm’s products and design patents,
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`alongside the nearly identical products sold by Wayfair:
`
`West Elm Product
`
`West Elm Patent
`
`Infringing Wayfair Product
`
`
`
`
`
`
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`
`
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`
`2
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`

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`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 3 of 35
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`West Elm Product
`
`West Elm Patent
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`Infringing Wayfair Product
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`5.
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`Wayfair’s unlawful copying of West Elm’s designs is not an accident; it is the result
`
`of a targeted effort. For example, Wayfair recently launched an entire product line described as
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`“West Elm-inspired.” As explained below, however, Wayfair’s deliberate reproductions of
`
`
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`3
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`

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`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 4 of 35
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`protected West Elm products go beyond “inspiration” to infringement.
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`6.
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`At the same time Wayfair is engaged in copying West Elm’s protected designs and
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`trading off of the West Elm name, Wayfair claims in its advertising and marketing to consumers
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`that the products it sells are available “Only at Wayfair” or are “Wayfair-exclusive.” This is false.
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`In addition to infringing West Elm’s design patent protected products, Wayfair has also copied
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`numerous other West Elm product designs, some examples of which are shown below:
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`West Elm Products
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`Wayfair Products
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`
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`4
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`

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`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 5 of 35
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`West Elm Products
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`Wayfair Products
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`
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`
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`7.
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`Wayfair’s conduct infringes WSI’s protected intellectual property, and it is false
`
`and misleading. It has and will irreparably harm WSI, the West Elm brand, and its substantial
`
`goodwill. It has also caused monetary harm in an amount to be determined at trial.
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`
`
`5
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`

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`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 6 of 35
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`THE PARTIES
`
`8.
`
`Plaintiff WSI is a Delaware corporation, with a principal place of business at 3250
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`Van Ness Avenue, San Francisco, California 94109. West Elm is one of several brands owned by
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`WSI and has its own principal place of business at 2 Main Street, Brooklyn, New York, 11201.
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`9.
`
`On information and belief, Defendant Wayfair, Inc. is a Delaware corporation, with
`
`its principal place of business at 4 Copley Place, Floor 7, Boston, Massachusetts, 02116.
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`JURISDICTION AND VENUE
`
`10.
`
`This complaint arises under the Patent Act, 35 U.S.C. § 1 et seq., the Lanham Act,
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`15 U.S.C. § 1051 et seq., and the common and state laws of Massachusetts and California.
`
`11.
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`This Court has subject matter jurisdiction over these claims pursuant to 15 U.S.C.
`
`§ 1121(a), 28 U.S.C. §§ 1331, 1332(a)(2), 1338(a) and (b), and this Court’s supplemental
`
`jurisdiction under 28 U.S.C. § 1367.
`
`12.
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`Upon information and belief, Wayfair is headquartered in and regularly conducts
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`and solicits business in Massachusetts. Specifically, Wayfair promotes and sells its goods,
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`including the goods at issue here, in Massachusetts. In addition, Wayfair maintains websites
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`available in Massachusetts that facilitate and/or enable users to purchase the infringing goods from
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`Massachusetts.
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`13.
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`Venue is proper in this District pursuant to 28 U.S.C. § 1391 and 28 U.S.C. 1400(b),
`
`and because a substantial part of the conduct giving rise to these claims occurred in this District.
`
`Upon information and belief, Wayfair makes, sells, and offers to sell its infringing products in this
`
`district, thereby committing acts of patent infringement in this district, maintains a regular place
`
`of business in this district, because a substantial part of the events giving rise to WSI’s claims
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`arose in this district, and Wayfair is subject to the Court’s personal jurisdiction in this district.
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`
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`6
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`

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`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 7 of 35
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`FACTUAL BACKGROUND
`
`West Elm
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`14. West Elm launched in 2002 and quickly became a market leader by selling home
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`furnishings that are approachable, unique, and sustainably produced. West Elm takes its designs
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`seriously and uses a talented in-house design team to create original and exclusive collections that
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`reflect its brand values. West Elm devotes significant resources to develop innovative and
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`distinctive products to sell exclusively in its West Elm stores, catalogs, and website, and through
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`a limited group of trusted third-party partners.
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`West Elm’s Design Patents
`
`15.
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`Through that design process, West Elm has developed a series of unique and
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`distinctive furniture, lighting, and other home product designs, which have been granted design
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`patent protection by the United States Patent and Trademark Office. Its extensive design patent
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`portfolio covers a range of goods from lamps and tables to nightstands and chairs.
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`16.
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`Specifically at issue here, WSI has been granted the following design patents for
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`various West Elm designs (the “West Elm Design Patents”), each of which is attached to this
`
`Complaint at the Exhibit No. referenced below:
`
`U.S. Patent No. Patent Title
`
`Application Date
`
`Issuance Date
`
`Chair
`
`Lamp
`
`Chair
`
`Chair
`
`Chair
`
`Chair
`
`D875,415
`
`D836,822
`
`D880,180
`
`D815,452
`
`D917,911
`
`D821,768
`
`
`
`02/18/2020
`
`12/25/2018
`
`04/07/2020
`
`04/17/2018
`
`05/04/2021
`
`07/03/2018
`
`09/28/2018
`
`09/07/2017
`
`08/16/2018
`
`01/11/2017
`
`12/19/2019
`
`09/07/2017
`
`7
`
`Exhibit
`No.
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`

`

`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 8 of 35
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`D899,830
`
`D836,823
`
`D813,573
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`Table
`
`Lamp
`
`Nightstand
`
`11/09/2018
`
`09/07/2017
`
`01/11/2017
`
`10/27/2020
`
`12/25/2018
`
`03/27/2018
`
`7
`
`8
`
`9
`
`The West Elm Brand
`
`17.
`
`Since its introduction in 2002, WSI has used the West Elm name in connection with
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`its offering of modern home furnishings and décor nationwide. There are more than 100 brick and
`
`mortar West Elm stores in the United States located in 85 different cities. West Elm also sells its
`
`entire product line through its website at <westelm.com>. The West Elm brand is featured on
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`brand-specific social media pages on Facebook, Instagram, Twitter, and Pinterest, which have
`
`millions of followers and views.
`
`18.
`
`Central to the West Elm brand is that it provides fresh designs and unique styling.
`
`It has promoted that central theme to consumers with a marketing budget that exceeds millions of
`
`dollars annually.
`
`19.
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`Over 90% of West Elm products are exclusive to WSI and designed by its West
`
`Elm in-house design staff. The West Elm brand focuses heavily on the quality and sourcing of its
`
`products, and works to use organic, non-toxic, reclaimed, or recycled materials and make
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`sustainably-sourced products.
`
`20. WSI has used the strength of its West Elm brand to support smaller businesses and
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`global artisans. West Elm collaborates with independent designers and partners with organizations
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`to support global craft communities. West Elm also launched local initiatives to bring artists and
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`craftspeople into West Elm stores and connect with West Elm customers.
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`
`
`8
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`

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`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 9 of 35
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`21.
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`Through all of these activities over the past nearly 20 years, WSI has accumulated
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`significant and substantial goodwill in the West Elm brand and enhanced its reputation as a leader
`
`in the home furnishing space.
`
`22.
`
`Like many successful brands, West Elm collaborates with third-party companies
`
`and talented individuals, resulting in collections put out in association with companies and
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`organizations ranging from charitable organizations to well-known consumer brands.
`
`Wayfair and Its Infringing and Unfair Conduct
`
`23.
`
`Upon information and belief, Wayfair is an e-commerce company that sells
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`furniture and home goods under five branded retail websites: Wayfair, Joss&Main, AllModern,
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`Birch Lane, and Perigold. Across those platforms, Wayfair sells millions of different products
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`under a variety of different brand names.
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`24.
`
`Upon information and belief, Wayfair has been and continues to offer a series of
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`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
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`for sale, the corresponding design patent to which they are virtually identical, and the West Elm
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`product that embodies the patented design:
`
`
`
`9
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`

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`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 10 of 35
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`West Elm Product
`
`Slope Leather Lounge Chair
`
`West Elm Patented
`Design
`D875,415
`
`Infringing Wayfair Product
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`Alphard 26” Wide Side Chair
`(Union Rustic) | previously Thelma
`26'' Wide Side Chair (Foundstone)
`
`
`
`
`
`
`
`Brundage 26” Wide Lounge Chair
`(Mercury Row)
`
`Sphere & Stem Table Lamp
`
`D836,822
`
`
`Drake 22” Table Lamp (Allmodern,
`previously sold under Foundstone
`brand)
`
`
`
`
`
`
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`
`
`10
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`
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`
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`

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`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 11 of 35
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`West Elm Product
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`Crescent Swivel Chair
`
`West Elm Patented
`Design
`D880,180
`
`Infringing Wayfair Product
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`Ajara 29.25” Wide Swivel Barrel
`Chair (Brayden Studio) | previously
`Maston 29.25” Wide Swivel Barrel
`Chair (Wade Logan)
`
`
`
`
`
`
`
`
`
`
`
`
`
`Orb Dining Chair
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`D815,452
`
`Jodell Velvet Arm Chair (Everly
`Quinn) | previously Rathbun Velvet
`Arm Chair (Willa Arlo™ Interiors)
`
`
`
`
`
`
`Brad 24.6” Wide Side Chair (Etta
`Avenue)
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`11
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`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 12 of 35
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`West Elm Product
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`Mid Century Modern Petal
`Upholstered Dining Chair
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`West Elm Patented
`Design
`D917,911
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`Infringing Wayfair Product
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`Cyprian Side Chair (Allmodern)
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`Wire Frame Upholstered
`Dining Chair
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`D821,768
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`Lara Upholstered Side Chair
`(Allmodern)
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`Mid-Century Art Display
`Round Coffee Table
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`D899,830
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`Burroughs Coffee Table with
`Storage (Mercer41)
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`12
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`

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`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 13 of 35
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`West Elm Product
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`Sphere & Stem 2-Light
`Floor Lamp
`
`West Elm Patented
`Design
`D836,823
`
`Infringing Wayfair Product
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`Dez 61” Tree Floor Lamp
`(Allmodern)
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`
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`Audrey Side Table
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`D813,573
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`Zara 2 Drawer Nightstand
`(Foundstone)
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`25. WSI owns all right, title, and interest in and to the West Elm Design Patents.
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`
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`13
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`

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`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 14 of 35
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`26.
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`As shown in the chart above, the designs of the Wayfair products are identical or
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`virtually identical to the ornamental West Elm designs covered by West Elm Design Patents.
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`27.
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`An ordinary observer of Wayfair’s products and West Elm’s patented designs,
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`giving such attention that a home furnishing purchaser usually gives, would find the two designs
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`to be substantially the same. The overall impression of the two designs is substantially the same.
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`The West Elm Design Patents are each infringed by the corresponding Wayfair design because in
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`the eye of an ordinary observer they are substantially the same.
`
`28.
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`Third-parties have identified Wayfair products as being “look-alikes” for West
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`Elm. See, e.g., https://caitlindelayblog.com/west-elm-look/.
`
`29.
`
`In fact, in 2020, Wayfair specifically launched a “West Elm-Inspired Collection”
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`in its Foundstone line, which was reported on by Forbes Magazine. See
`
`https://www.forbes.com/sites/amandalauren/2020/01/17/wayfair-unveils-west-elm-inspired-
`
`collection/?sh=609bfb1f4556. According to Forbes, the line was “incredibly well received,” and
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`described one product in particular that “could easily be confused for West Elm. Again, it’s not a
`
`knock-off, but it’s fair to call it a dead ringer.”
`
`30.
`
`Another article described the Foundstone collection as looking “identical” to or
`
`“mirroring” West Elm. See https://9to5toys.com/2020/01/21/wayfair-foundstone-line/.
`
`31. 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.
`
`32.
`
`Indeed, with the launch of Foundstone, Wayfair included a video advertisement
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`promoting the brand and showcasing various products. In the video, a Wayfair “designer” is
`
`
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`14
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`

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`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 15 of 35
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`shown sketching the products, leading the consumer to understand that Wayfair designed those
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`items, but at least one of the sketches copies a West Elm created design.
`
`33. Wayfair not only misleads consumers as to the origin of the designs, but where
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`they are available for sale. For example, Wayfair has claimed that the Foundstone products are
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`available only at Wayfair. See https://www.wayfair.com/brand/bnd/foundstone-b51714.html.
`
`This statement of fact is untrue or at a minimum misleading. Certain of the products that are or
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`were part of the Foundstone line are proprietary designs of WSI sold under the West Elm brand.
`
`34. Wayfair also claims that Foundstone is “a Wayfair exclusive collection.” See
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`https://www.instagram.com/p/B7CUvCxADFe/?igshid=r3l2tq3522mv. Again, this statement of
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`fact is untrue, or at a minimum misleading, for the same reasons.
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`15
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`

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`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 16 of 35
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`35. Wayfair’s products, including, at least, the Thelma Wide Side Chair, Drake 22”
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`Table Lamp, and Zara 2 Drawer Nightstand, products shown above, which are copies of WSI’s
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`patented designs, have been sold under the Foundstone sub-brand of Wayfair and thus touted as
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`“exclusive” to Wayfair when they are not—in truth, they are unauthorized copies of West Elm
`
`designs.
`
`36.
`
`In addition, Wayfair has also touted its Mercury Row and Etta Avenue products,
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`among others, as “looks you’ll only find at Wayfair.” See https://www.wayfair.com/sca/ideas-
`
`and-advice/interior-design/meet-wayfairs-exclusive-brands-T9965. This is also false. The
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`Mercury Row Brundage 26” Wide Lounge Chair and Etta Avenue Brad 24.6” Wide Side Chair
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`are also copies of WSI’s patented designs sold under those product lines.
`
`37. Wayfair has made these false and misleading statements in the context of
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`advertising its products on the Wayfair website and through social media.
`
`38.
`
`Upon information and belief, Wayfair’s claims that designs are exclusive to
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`Wayfair when they are not, are material to consumers’ purchasing decisions. Upon information
`
`and belief, Wayfair would not have included such statements in its advertising if it did not
`
`believe they would influence the consumer’s decision to purchase.
`
`39.
`
`These claims are likely to deceive consumers into believing that the products
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`Wayfair is selling are, in fact, unique to Wayfair when that is not the case—and when in fact, the
`
`designs are the original intellectual property of WSI.
`
`40.
`
`This is far from the first time Wayfair has misappropriated West Elm’s work.
`
`West Elm has been forced to send numerous cease and desist letters over the years to police
`
`Wayfair’s blatant copying of West Elm’s designs and efforts to trade of its goodwill. Despite
`
`
`
`16
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`

`

`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 17 of 35
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`those letters putting Wayfair on express notice of WSI’s rights, Wayfair’s wrongful conduct
`
`continues.
`
`41.
`
`This practice of unfair competition is reflected in Wayfair’s deliberate and
`
`concerted effort of copying an even wider range of West Elm products. Wayfair has been
`
`offering and continues to offer a series of products that are identical or virtually identical to those
`
`that West Elm currently sells on its website, despite in many instances falsely and misleadingly
`
`stating that the products are its own designs. As is shown below, Wayfair has wholesale
`
`appropriated numerous designs originated by West Elm. Its conduct goes well beyond drawing
`
`“inspiration” from the West Elm brand, but rather, coupled with its use of West Elm patented
`
`designs, Wayfair is competing unfairly and deliberately attempting to free-ride on the goodwill
`
`of West Elm. Without question, an ordinary consumer would be unable to tell one of the
`
`collections below from the other. This is wrong, and it must stop.
`
`West Elm Products
`
`
`
`
`
`
`
`
`
`17
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`

`

`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 18 of 35
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`Wayfair Products
`
`
`
`
`These actions by Wayfair are causing and are likely to continue causing
`
`42.
`
`
`
`irreparable harm to the detriment of WSI and the West Elm brand until they are put to a stop.
`
`CLAIMS FOR RELIEF
`
`COUNT I
`(Infringement of U.S. Patent No. D875,415 – 35 U.S.C. § 271)
`
`43. WSI repeats and realleges the allegations contained in paragraphs 1 through 42
`
`
`
`above as if fully set forth herein.
`
`44.
`
`U.S. Patent No. D875,415, entitled “Chair” was duly and lawfully issued by the
`
`United States Patent and Trademark Office on February 18, 2020 (the “’415 Patent”).
`
`45. WSI is the owner of the entire right, title, and interest in the ’415 Patent and
`
`possesses all rights of recovery under the ’415 Patent, including the right to recover damages.
`
`
`
`18
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`

`

`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 19 of 35
`
`46.
`
`The product information for the Slope Leather Lounge Chair on the West Elm
`
`website prominently displays “Patent Pending” in the “details & dimensions” section of the
`
`product description.
`
`47. Wayfair, alone or in concert with others, has been and is now infringing WSI’s
`
`’415 Patent in violation of 35 U.S.C. § 271 by making, using, selling, and offering for sale,
`
`products embodying WSI’s patented design for such products, and will continue to do so unless
`
`enjoined by this Court.
`
`48. Wayfair’s infringing acts include making, using, selling, offering to sell, and
`
`importing products covered by the ’415 Patent including, but not limited to, the Alphard 26”
`
`Wide Side Chair (previously the Thelma 26” Wide Side Chair) and Brundage 26” Wide Lounge
`
`Chair.
`
`49.
`
`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.
`
`50. Wayfair has constructive notice of WSI’s patent through its marking.
`
`51. WSI has been damaged by Wayfair’s infringement in an amount to be determined
`
`at trial and has no adequate remedy at law.
`
`52.
`
`Upon information and belief, Wayfair’s infringing products were copied from
`
`WSI’s West Elm products, covered by the ’415 Patent. Upon further information and belief,
`
`Wayfair’s infringement of the ’415 Patent is willful and deliberate.
`
`COUNT II
`(Infringement of U.S. Patent No. D836,822 – 35 U.S.C. § 271)
`
`53. WSI repeats and realleges the allegations contained in paragraphs 1 through 52
`
`
`
`above as if fully set forth herein.
`
`
`
`19
`
`

`

`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 20 of 35
`
`54.
`
`U.S. Patent No. D836,822, entitled “Lamp” was duly and lawfully issued by the
`
`United States Patent and Trademark Office on December 25, 2018 (the “’822 Patent”).
`
`55. WSI is the owner of the entire right, title, and interest in the ’822 Patent and
`
`possesses all rights of recovery under the ’822 Patent, including the right to recover damages.
`
`56. Wayfair, alone or in concert with others, has been and is now infringing WSI’s
`
`’822 Patent in violation of 35 U.S.C. § 271 by making, using, selling, and offering for sale,
`
`products embodying WSI’s patented design for such products, and will continue to do so unless
`
`enjoined by this Court.
`
`57. Wayfair’s infringing acts include making, using, selling, offering to sell, and
`
`importing products covered by the ’822 Patent including, but not limited to, the Drake 22” Table
`
`Lamp.
`
`58.
`
`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.
`
`59. WSI has been damaged by Wayfair’s infringement in an amount to be determined
`
`at trial and has no adequate remedy at law.
`
`60.
`
`Upon information and belief, Wayfair’s infringing products were copied from
`
`WSI’s West Elm products, covered by the ’822 Patent. Upon further information and belief,
`
`Wayfair’s infringement of the ’822 Patent is willful and deliberate.
`
`COUNT III
`(Infringement of U.S. Patent No. D880,180 – 35 U.S.C. § 271)
`
`
`61. WSI repeats and realleges the allegations contained in paragraphs 1 through 60
`
`above as if fully set forth herein.
`
`
`
`20
`
`

`

`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 21 of 35
`
`62.
`
`U.S. Patent No. D880,180, entitled “Chair” was duly and lawfully issued by the
`
`United States Patent and Trademark Office on April 7, 2020 (the “’180 Patent”).
`
`63. WSI is the owner of the entire right, title, and interest in the ’180 Patent and
`
`possesses all rights of recovery under the ’180 Patent, including the right to recover damages.
`
`64.
`
`The product information for the Crescent Swivel Chair on the West Elm website
`
`prominently displays “U.S. Patent Number: D880180” in the “details & dimensions” section of
`
`the product description.
`
`65. Wayfair, alone or in concert with others, has been and is now infringing WSI’s
`
`’180 Patent in violation of 35 U.S.C. § 271 by making, using, selling, and offering for sale,
`
`products embodying WSI’s patented design for such products, and will continue to do so unless
`
`enjoined by this Court.
`
`66. Wayfair’s infringing acts include making, using, selling, offering to sell, and
`
`importing products covered by the ’180 Patent including, but not limited to, the Ajara 29.25”
`
`Wide Swivel Barrel Chair (previously the Maston 29.25” Wide Swivel Barrel Chair).
`
`67.
`
`Upon information and belief, Wayfair has sold, made offers to sell, continues to
`
`sell, and/or offers to sell products infringing the ’180 Patent throughout the United States and
`
`elsewhere, and within Massachusetts.
`
`68. Wayfair has constructive notice of WSI’s patent through its marking.
`
`69. WSI has been damaged by Wayfair’s infringement in an amount to be determined
`
`at trial and has no adequate remedy at law.
`
`70.
`
`Upon information and belief, Wayfair’s infringing products were copied from
`
`WSI’s West Elm products, covered by the ’180 Patent. Upon further information and belief,
`
`Wayfair’s infringement of the ’180 Patent is willful and deliberate.
`
`
`
`21
`
`

`

`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 22 of 35
`
`COUNT IV
`(Infringement of U.S. Patent No. D815,452 – 35 U.S.C. § 271)
`
`
`71. WSI repeats and realleges the allegations contained in paragraphs 1 through 70
`
`above as if fully set forth herein.
`
`72.
`
`U.S. Patent No. D815,452, entitled “Chair” was duly and lawfully issued by the
`
`United States Patent and Trademark Office on April 17, 2018 (the “’452 Patent”).
`
`73. WSI is the owner of the entire right, title, and interest in the ’452 Patent and
`
`possesses all rights of recovery under the ’452 Patent, including the right to recover damages.
`
`74.
`
`The product information for the Orb Dining Chair on the West Elm website
`
`prominently displays “U.S. Patent Number D815452” in the “details & dimensions” section of
`
`the product description.
`
`75. Wayfair, alone or in concert with others, has been and is now infringing WSI’s
`
`’452 Patent in violation of 35 U.S.C. § 271 by making, using, selling, and offering for sale,
`
`products embodying WSI’s patented design for such products, and will continue to do so unless
`
`enjoined by this Court.
`
`76. Wayfair’s infringing acts include making, using, selling, offering to sell, and
`
`importing products covered by the ’452 Patent including, but not limited to, the Jodell Velvet
`
`Arm Chair (previously the Rathbun Velvet Arm Chair) and Brad 24.6” Wide Side Chair.
`
`77.
`
`Upon information and belief, Wayfair has sold, made offers to sell, continues to
`
`sell, and/or offers to sell products infringing the ’452 Patent throughout the United States and
`
`elsewhere, and within Massachusetts.
`
`78. Wayfair has constructive notice of WSI’s patent through its marking.
`
`79. WSI has been damaged by Wayfair’s infringement in an amount to be determined
`
`at trial and has no adequate remedy at law.
`
`
`
`22
`
`

`

`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 23 of 35
`
`80.
`
`Upon information and belief, Wayfair’s infringing products were copied from
`
`WSI’s West Elm products, covered by the ’452 Patent. Upon further information and belief,
`
`Wayfair’s infringement of the ’452 Patent is willful and deliberate.
`
`COUNT V
`(Infringement of U.S. Patent No. D917,911 – 35 U.S.C. § 271)
`
`
`81. WSI repeats and realleges the allegations contained in paragraphs 1 through 80
`
`above as if fully set forth herein.
`
`82.
`
`U.S. Patent No. D917,911, entitled “Chair” was duly and lawfully issued by the
`
`United States Patent and Trademark Office on May 4, 2021 (the “’911 Patent”).
`
`83. WSI is the owner of the entire right, title, and interest in the ’911 Patent and
`
`possesses all rights of recovery under the ’911 Patent, including the right to recover damages.
`
`84.
`
`The product information for the Mid Century Modern Petal Upholstered Dining
`
`Chair on the West Elm website prominently displays “U.S. Patent Number: D917911” in the
`
`“details & dimensions” section of the product description.
`
`85. Wayfair, alone or in concert with others, has been and is now infringing WSI’s
`
`’911 Patent in violation of 35 U.S.C. § 271 by making, using, selling, and offering for sale,
`
`products embodying WSI’s patented design for such products, and will continue to do so unless
`
`enjoined by this Court.
`
`86. Wayfair’s infringing acts include making, using, selling, offering to sell, and
`
`importing products covered by the ’911 Patent including, but not limited to, the Cyprian Side
`
`Chair.
`
`87.
`
`Upon information and belief, Wayfair has sold, made offers to sell, continues to
`
`sell, and/or offers to sell products infringing the ’911 Patent throughout the United States and
`
`elsewhere, and within Massachusetts.
`
`
`
`23
`
`

`

`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 24 of 35
`
`88. Wayfair has constructive notice of WSI’s patent through its marking.
`
`89. WSI has been damaged by Wayfair’s infringement in an amount to be determined
`
`at trial and has no adequate remedy at law.
`
`90.
`
`Upon information and belief, Wayfair’s infringing products were copied from
`
`WSI’s West Elm products, covered by the ’911 Patent. Upon further information and belief,
`
`Wayfair’s infringement of the ’911 Patent is willful and deliberate.
`
`COUNT VI
`(Infringement of U.S. Patent No. D821,768 – 35 U.S.C. § 271)
`
`
`91. WSI repeats and realleges the allegations contained in paragraphs 1 through 90
`
`above as if fully set forth herein.
`
`92.
`
`U.S. Patent No. D821,768, entitled “Chair” was duly and lawfully issued by the
`
`United States Patent and Trademark Office on July 3, 2018 (the “’768 Patent”).
`
`93. WSI is the owner of the entire right, title, and interest in the ’768 Patent and
`
`possesses all rights of recovery under the ’768 Patent, including the right to recover damages.
`
`94.
`
`The product information for the Wire Frame Upholstered Dining Chair on the
`
`West Elm website prominently displays “U.S. Patent Number D821768” in the “details &
`
`dimensions” section of the product description.
`
`95. Wayfair, alone or in concert with others, has been and is now infringing WSI’s
`
`’768 Patent in violation of 35 U.S.C. § 271 by making, using, selling, and offering for sale,
`
`products embodying WSI’s patented design for such products, and will continue to do so unless
`
`enjoined by this Court.
`
`96. Wayfair’s infringing acts include making, using, selling, offering to sell, and
`
`importing products covered by the ’768 Patent including, but not limited to, the Lara Upholstered
`
`Side Chair.
`
`
`
`24
`
`

`

`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 25 of 35
`
`97.
`
`Upon information and belief, Wayfair has sold, made offers to sell, continues to
`
`sell, and/or offers to sell products infringing the ’768 Patent throughout the United States and
`
`elsewhere, and within Massachusetts.
`
`98. Wayfair has constructive notice of WSI’s patent through its marking.
`
`99. WSI has been damaged by Wayfair’s infringement in an amount to be determined
`
`at trial and has no adequate remedy at law.
`
`100. Upon information and belief, Wayfair’s infringing products were copied from
`
`WSI’s West Elm products, covered by the ’768 Patent. Upon further information and belief,
`
`Wayfair’s infringement of the ’768 Patent is willful and deliberate.
`
`COUNT VII
`(Infringement of U.S. Patent No. D899,830 – 35 U.S.C. § 271)
`
`
`101. WSI repeats and realleges the allegations contained in paragraphs 1 through 100
`
`above as if fully set forth herein.
`
`102. U.S. Patent No. D899,830, entitled “Table” was duly and lawfully issued by the
`
`United States Patent and Trademark Office on October 27, 2020 (the “’830 Patent”).
`
`103. WSI is the owner of the entire right, title, and interest in the ’830 Patent and
`
`possesses all rights of recovery under the ’830 Patent, including the right to recover damages.
`
`104. The product information for the Mid-Century Art Display Round Coffee Table on
`
`the West Elm website prominently displays “U.S. Patent Number D899830” in the “details &
`
`dimensions” section of the product description.
`
`105. Wayfair, alone or in concert with others, has been and is now infringing WSI’s
`
`’830 Patent in violation of 35 U.S.C. § 271 by making, using, selling, and offering for sale,
`
`products embodying WSI’s patented design for such products, and will continue to do so unless
`
`enjoined by this Court.
`
`
`
`25
`
`

`

`Case 1:21-cv-12063-PBS Document 2 Filed 12/16/21 Page 26 of 35
`
`106. Wayfair’s infringing acts include making, using, selling, offering to sell, and
`
`importing products covered by the ’830 Patent including, but not limited to, the Burroughs
`
`Coffee Table with Storage.
`
`107. Upon information and belief, Wayfair has sold, made offers to sell, continues to
`
`sell, and/or offers to sell products infringing the ’830 Patent throughout the United States and
`
`elsewhere, and within Massachusetts.
`
`108. Wayfair has constructive notice of WSI’s patent through its marking.
`
`109. WSI has been damaged by Wayfair’s infringement in an amount to be determined
`
`at trial and has no adequate remedy at law.
`
`110. Upon information and belief, Wayfair’s infringing products were copied from
`
`WSI’s West Elm products, covered by the ’830 Patent. Upon further information and belief,
`
`Wayfair’s infringement of the ’830 Patent is willful and deliberate.
`
`COUNT VIII
`(Infringement of U.S. Patent No. D836,823 – 35 U.S.C. § 271)
`
`
`111. WSI repeats and realleges the allegations contained in paragraphs 1 through 110
`
`above as if fully set forth herein.
`
`112. U.S. Patent No. D836,823, entitled “Lamp” was duly and lawfully issued by the
`
`United States Pa

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