Case 2:23-cv-00874-JNP-JCB Document 2 Filed 12/04/23 PageID.

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David P. Johnson (#13260)

[email protected]
Brittany Frandsen (#16051)
[email protected]
WORKMAN NYDEGGER
60 E. South Temple, Suite 1000
Salt Lake City, Utah 84111
Tel. 801-533-9800

Attorneys for Plaintiff

THREAD WALLETS LLC

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

THREAD WALLETS LLC, a Utah limited

liability company, Civil Action No.: 2:23-cv-00874-JNP

Plaintiff,
COMPLAINT
v.
DEMAND FOR JURY TRIAL
BRIXLEY BAGS, LLC, a Utah limited
liability company, Judge Jill N. Parrish

Defendant.

Plaintiff Thread Wallets LLC (hereinafter, “Thread” or “Plaintiff”), by and through its

undersigned counsel, hereby complains and alleges against Defendant Brixley Bags, LLC

(hereinafter, “Brixley” or “Defendant”), as follows:

THE PARTIES

1. Plaintiff is a Utah limited liability company with a principal place of business at

125 West 500 South, Provo, Utah, 84601.

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2. Upon information and belief, Brixley is a Utah limited liability company with a

principal place of business at 2982 West Hancock Street, Mapleton, Utah, 84664. Upon

information and belief, Brixley transacts business in Utah, including in this district.

NATURE OF THE CLAIMS

3. This is an action for design patent infringement under the Patent Act, 35 U.S.C.

§ 101 et seq. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and

1338(a).

4. Specifically, upon information and belief, Brixley has copied the design of

Thread’s patented cross-body bag, as shown in the images below:

Thread Cross-Body Bag Brixley Cross-Body Bag

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JURISDICTION AND VENUE

5. This Court has subject matter jurisdiction over this action under 28 U.S.C.

§§ 1331 and 1338 in that this case arises under the Patent Act, 35 U.S.C. § 101 et seq.

6. The Court has personal jurisdiction over Brixley because Brixley resides in the

State of Utah and does business in the State of Utah by, among other things, offering for sale and

selling bags, including the unlawful products at issue in this action. On information and belief,

Brixley causes the unlawful products to be sold outside of Utah and places its products within the

stream of interstate commerce to reach its customers.

7. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b)(1), 1391(b)(2),

and 1400(b) because 1) Brixley resides in this judicial district, 2) Brixley has committed acts of

infringement in this judicial district, and 3) a substantial part of the events giving rise to the

claims asserted herein occurred in this judicial district.

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FACTUAL BACKGROUND

8. Thread designs, manufactures, and markets innovative bags, wallets, phone cases,

and accessories.

9. Among other products, Thread designed and sells a cross-body bag.

10. Thread is the owner by assignment of U.S. Patent No. D995,105 (“the ’105

patent”), which covers the design of Thread’s cross-body bag. The ’105 patent issued on August

15, 2023. A copy of the ’105 patent is attached as Exhibit 1.

11. Photographs of Thread’s cross-body bag, which embodies the design claimed in

the ’105 patent, are set forth in the table below next to figures 1, 4, and 5 from the ’105 patent:

Thread Patent No. D995,105

Thread Cross-Body Bag

https://www.threadwallets.com/products/luna-
crossbody-bag

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12. Upon information and belief, Brixley has copied Thread’s cross-body bag and

distributes, imports, sells, and offers for sale its competing product in the United States. The

table below shows photographs of one example of Brixley’s product next to figures from the

’105 patent:

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’105 Patent Brixley Crossbody Bag

https://brixleybags.com/products/lagoon-
crossbody-sling

13. On information and belief, Brixley knows that Brixley’s cross-body bag is a copy or

near copy of Thread’s product, and Brixley intentionally copied Thread’s product.

14. Thread’s social media posts have been inundated with comments that Thread copied

Brixley’s product and that consumers should purchase Brixley’s product, as shown in the

examples below:

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15. These and other consumer comments evidence that Brixley’s product is substantially

similar to the patented design and that Brixley’s infringement is considerably harming Thread.

FIRST CLAIM FOR RELIEF

PATENT INFRINGEMENT – THE ’105 PATENT

(35 U.S.C. § 271)

16. Thread hereby realleges and incorporates by reference the allegations of

paragraphs 1–15 of this Complaint into this Claim for Relief as though fully set forth herein.

17. The ’105 patent, entitled “Cross-Body Bag,” was duly and lawfully issued by the

United States Patent and Trademark Office on August 15, 2023.

18. Thread is the owner by assignment of the entire right, title, and interest in the ’105

patent and possesses all rights of recovery under the ’105 patent, including the right to recover

damages.

19. Thread’s product packaging gives explicit notice to consumers that its products

may be covered by one or more U.S. patents and is fixed with the URL

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https://www.threadwallets.com/pages/intellectual-property. This URL is a publicly accessible

posting on the internet that associates the patented article with the number of the patent. Thread’s

website at https://www.threadwallets.com/pages/intellectual-property prominently marks

Thread’s cross-body bag as embodying the design claimed in the ’105 patent.

20. Brixley, alone or in concert with others, has been and is now infringing Thread’s

’105 patent in violation of 35 U.S.C. § 271 by making, using, distributing, importing, selling,

and/or offering for sale products (specifically, its cross-body bags) that embody Thread’s

patented design, and will continue to do so unless enjoined by this Court.

21. Upon information and belief, Brixley has made, used, distributed, imported, sold,

and/or offered to sell products infringing the ’105 patent throughout the United States and

elsewhere, including within the state of Utah.

22. Brixley has had actual and/or constructive notice of Thread’s patent through prior

correspondence and/or Thread’s marking.

23. Thread has been damaged by Brixley’s infringement in an amount to be

determined at trial and has no adequate remedy at law.

24. Upon information and belief, Brixley’s infringing products were copied from

Thread’s products covered by the ’105 patent. Upon further information and belief, Brixley’s

infringement of the ’105 patent is willful and deliberate.

PRAYER FOR RELIEF

WHEREFORE, Thread demands a judgment in its favor and demands the following

relief:

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A. for judgment holding Brixley liable for design patent infringement under 35

U.S.C. § 271;

B. For a preliminary and permanent injunction prohibiting Brixley from infringing

the ’105 patent pursuant to 35 U.S.C. § 283;

C. For an award of damages caused by Brixley through its infringement of the ’105

patent and a trebling of damages for Brixley’s willful infringement under 35 U.S.C. § 284, or an

award of Brixley’s profits from its infringement pursuant to 35 U.S.C. § 289, whichever is

greater;

D. For an award of attorney fees for Brixley’s infringement pursuant to 35 U.S.C.

§ 285;

E. For an award of costs pursuant to Fed.R.Civ.P. 54(d)(1); and

F. Such other relief as the Court may deem equitable and appropriate.

JURY DEMAND

Thread hereby demands a trial by jury on all issues so triable.

DATED this 4th day of December, 2023.

Respectfully submitted,

/s/ David P. Johnson

David P. Johnson
Brittany Frandsen

Attorney for Plaintiff

THREAD WALLETS LLC

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