Case: 2:25-cv-00415-ALM-KAJ Doc #: 1 Filed: 04/17/25 Page: 1 of 7 PAGEID #: 1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

100% SPEEDLAB, LLC, a California limited Case No. 2:25-cv-00145

liability company,

Plaintiff,
COMPLAINT FOR PATENT
v. INFRINGEMENT

VAMPIRE OPTICAL COATINGS

INCORPORATED, an Ohio corporation,
DEMAND FOR JURY TRIAL
Defendant.

Plaintiff 100% Speedlab, LLC (“100%” or “Plaintiff”) alleges, based on actual knowledge

with respect to 100% and 100%’s acts, and based on information and belief with respect to all

other matters, against Defendant Vampire Optical Coatings Incorporated (“Vampire” or

“Defendant”), an Ohio corporation, as follows:

NATURE OF THE CASE

This is a civil action for federal patent infringement in violation of the Patent Act, 35 U.S.C.

§§ 1, et seq., and specifically in violation of 35 U.S.C. §§ 271 and 281.

THE PARTIES

1. 100% is a California limited liability company having a principal place of business

located at 10792 Roselle St., San Diego, California 92121.

2. On information and belief, Vampire is an Ohio corporation having a principal place

of business located at 63 East Mill Street, Pataskala, Ohio 43062.

Page 1
 Case: 2:25-cv-00415-ALM-KAJ Doc #: 1 Filed: 04/17/25 Page: 2 of 7 PAGEID #: 2

JURISDICTION AND VENUE

3. This Court has subject matter jurisdiction over this action under 28 U.S.C. § 1331

and 28 U.S.C. § 1338(a) because this case involves a federal question arising under the patent laws

of the United States, 35 U.S.C. §§ 1, et seq.

4. This Court has personal jurisdiction in this action over Vampire because, on

information and belief, Vampire is incorporated in Ohio and has its principal place of business in

this judicial district.

5. Venue is proper in this judicial district under 28 U.S.C. § 1391 because Vampire,

upon information and belief, resides in this district and under 28 U.S.C. § 1400 because Vampire,

upon information and belief, has committed acts of patent infringement in Ohio.

FACTUAL ALLEGATIONS

A. 100%

6. 100% markets, offers, and sells various racing and sports gear products under the

mark 100%, including goggles, sunglasses, and tear-offs for eyewear, throughout the United States

through various channels, including through its website at www.100percent.comand in retail

shops.

7. On May 21, 2024, the United States Patent and Trademark Office (the “USPTO”)

duly issued U.S. Patent No. D1,028,050 (the ‘050 Patent) after a full and fair examination. A copy

of the ‘050 Patent is attached hereto as Exhibit A.

8. 100% is presently the owner of the ‘050 Patent, having received all rights, title and

interest in the ‘050 Patent by way of an assignment from the inventors to 100%. The ‘050 Patent

is set to expire May 21, 2039.

Page 2
 Case: 2:25-cv-00415-ALM-KAJ Doc #: 1 Filed: 04/17/25 Page: 3 of 7 PAGEID #: 3

9. 100% owns all right, title and interest in and the ’050 Patent, titled “TEAR-OFF,”

including the right to sue thereon and the right to recover for infringement thereof. The ’050 Patent

gives 100% the right to exclude others from making, using, offering for sale, and selling the

invention claimed in the patent within the United States and from importing the invention claimed

in the patent into the United States.

B. Vampire

10. On information and belief, Vampire is selling tear-offs for eyewear in the United

States and elsewhere through its retail website located at vampiretearoffs.com. Screenshots from

Vampire’s retail website (as of February 21, 2025) are attached hereto as Exhibit B.

11. Upon information and belief, Vampire designs, manufactures, sells and distributes

a tear-off for eyewear which incorporates the design, structure and function of the ‘050 Patent.

12. In the eye of an ordinary observer, giving such attention as a purchaser usually

gives, the design of the Vampire tear-off for eyewear is substantially the same as the design in the

‘050 Patent, and the resemblance is such as to deceive such an observer, inducing the purchase of

the accused product supposing it to be the 100% designed tear-off for eyewear.

13. On information and belief, the product offered for sale and sold by Vampire under

the name “100% Strata2, Accuri2, Racecraft2” (“the Accused Product’) infringes the ’050 Patent.

Photos of the Accused Product from a sample purchased on July 23, 2024 through Vampire’s retail

website and shipped to Oregon are shown below.

Page 3
 Case: 2:25-cv-00415-ALM-KAJ Doc #: 1 Filed: 04/17/25 Page: 4 of 7 PAGEID #: 4

14. Below is a side-by-side comparison of the ornamental design in the ‘050 Patent and

the Accused Product. This side-by-side comparison confirms that the Accused Product

incorporates the ornamental design and structure of the ‘050 Patent and the resemblance is such as

to deceive an observer, inducing the purchase of the Accused Product supposing it to be the 100%

designed tear-off for eyewear.

15. On information and belief, Vampire has been aware of 100%’s patent rights in the

’050 Patent since at least September 19, 2024, when 100% sent Vampire a demand letter notifying

Vampire of 100%’s patent rights and alleging infringement of the ’050 Patent. A copy of the

demand letter is attached as Exhibit C.

16. On December 6, 2024, Vampire responded to 100%’s letter of September 19, 2024,

indicating it refused to stop selling the Accused Product. A copy of Vampire’s response letter is

attached as Exhibit D. On information and belief, Vampire is continuing to sell the Accused

Product through its website.

Page 4
 Case: 2:25-cv-00415-ALM-KAJ Doc #: 1 Filed: 04/17/25 Page: 5 of 7 PAGEID #: 5

17. 100% has not licensed any rights under any of the ’050 Patent to Vampire and

Vampire is not authorized by 100% in any way to make, use, import, offer to sell, and sell the

Accused Product.

18. On information and belief, Vampire is willfully infringing the ’050 Patent.

CLAIM – INFRINGEMENT OF THE ’050 PATENT

19. 100% incorporates by reference each of the other allegations set forth elsewhere in

this Complaint as though set forth fully herein.

20. The ‘050 Patent claims an ornamental design for a tear-off for eyewear.

21. Upon information and belief, Vampire has infringed and is infringing the ’050

Patent by making, using, offering to sell, selling, and/or importing into the United States the

Accused Product.

22. The Accused Product appropriates the ornamental design for a tear-off for eyewear

as disclosed in the ‘050 Patent.

23. Vampire’s infringement of the ’050 Patent has been and continues to be willful.

24. 100% has suffered, and will continue to suffer, substantial damages in an amount to

be proven at trial, through lost profits, lost sales, and/or lost royalties, due to infringement by

Vampire.

25. 100% has suffered, and will continue to suffer, permanent and irreparable injury

for which 100% has no adequate remedy at law.

26. 100% has never authorized Vampire to make, use, offer to sell, sell, and/or import into

the United States products covered by the ’050 Patent.

27. Upon information and belief, infringement by Vampire will continue unless enjoined

by this court.

Page 5
 Case: 2:25-cv-00415-ALM-KAJ Doc #: 1 Filed: 04/17/25 Page: 6 of 7 PAGEID #: 6

28. 100% is entitled to relief as provided by 35 U.S.C. §§ 281, 283-285, and 289.

PRAYER FOR RELIEF

WHEREFORE, 100% prays for judgment as follows:

A. That Vampire has infringed, and is infringing, the ’050 Patent, in violation of 35

U.S.C. §§ 271 and 281;

B. That infringement by Vampire is willful;

C. That Vampire, its officers, directors, agents, representatives, employees, attorneys,

affiliates, partners and those persons in active concert or participation with any of them, be

preliminarily and permanently enjoined against all acts of patent infringement, including but not

limited to making, using, selling, offering to sell, and importing the Accused Product and any other

Vampire products found to infringe the ’050 Patent;

D. That Vampire be required to provide an accounting of all infringing sales;

E. That Vampire be required to deliver to 100% for destruction any and all articles in

its possession and/or under its control that infringe the ’050 Patent, including but not limited to all

existing Accused Product, associated packaging, and advertisements;

F. That Vampire be ordered to pay 100% the damages that 100% has suffered due to

patent infringement by Vampire, together with interest thereon;

G. That Vampire be ordered to account for and pay 100% the total profits that 100%

has lost as a result of the infringement by Vampire the subject of this action;

H. That Vampire be ordered to account for and pay 100% the total profits Vampire has

received from the sale of products infringing any of the ’050 Patent;

Page 6
 Case: 2:25-cv-00415-ALM-KAJ Doc #: 1 Filed: 04/17/25 Page: 7 of 7 PAGEID #: 7

I. That this case be declared exceptional pursuant to 35 U.S.C. § 285, due to willful

infringement by Vampire, and that 100% be awarded trebled damages and its reasonable attorneys’

fees and costs; and

J. That 100% have such other and further relief as the Court and/or a jury deems just

and proper.

JURY DEMAND

100% hereby demands a trial by jury of all issues so triable.

Dated: April 17, 2025 Respectfully submitted,

SAND SEBOLT & WERNOW CO., LPA

By /s/ James F. McCarthy, III

James F. McCarthy,III (002245)
Aegis Tower – Suite 1100
4940 Munson Street NW
Canton, Ohio 44718
330-244-1174
[email protected]

KOLITCH ROMANO DASCENZO GATES LLC

Thomas J. Romano (OSB No. 053661)

(Pro hac vice forthcoming)
Email: [email protected]
621 SW Morrison Street #1100
Portland, OR 97205
Telephone: (503) 994-1650
Facsimile: (503) 224-7329

Attorneys for Plaintiff

100% SPEEDLAB, LLC

Page 7