Not Applicable Engineering, LLC, which does business as Pawpular Prints, filed a verified complaint in Not Applicable Engineering LLC v. Parker, No. 2:26-cv-01082 (D. Utah, Central Division), on October 30, 2026. The plaintiff is a Utah company that designs 3D printable models, distributes the digital files through online platforms including Patreon and Thangs and its own online store, and licenses makers to print and sell them. The defendant is an individual described, on information and belief, as a New Jersey resident; the complaint says he is the named inventor and applicant of the design patent at issue; Does 1 through 5 are also named. The docket shows the case assigned to Judge David Barlow. The plaintiff demands a jury.

The patent and the design

The patent is U.S. Design Patent D1,053,273, "Fidget Toy," issued December 3, 2024 from Application No. 29/940,018, filed April 30, 2024. The complaint says its single claim covers the ornamental design for a fidget toy as shown in five figures, and that the roof and conical turrets are drawn in broken lines and so form no part of the claimed design. The plaintiff's product is the "Bouncy Blast Multi-Pack," a keychain clicker fidget housing a mechanical keyboard switch and styled after an inflatable play castle, which the complaint says was released on or about March 25, 2026 and created independently. The complaint says the plaintiff sells the digital files and does not itself make physical units, which are printed by consumers and by roughly 2,050 licensees.

What the complaint alleges

The complaint alleges that in July 2026 the defendant sent written demands asserting infringement and seeking a license, and that after the plaintiff rejected them on July 17, 2026, following review by patent counsel, he contacted at least one licensee on October 16, 2026, said he owned a trademark in BOUNCE HOUSE FIDGET, said that Etsy was being put on notice, and threatened to name the licensee in a lawsuit unless it removed the product within five business days. It says the demands omitted the patent number, apart from a photograph of the patent provided on request, and identified no claim or accused feature. It alleges that statements the defendant made to the licensee about the plaintiff were false when made, and, on information and belief, that he owned no trademark registration or pending application for the phrase on October 16, 2026. The complaint says he filed U.S. Trademark Application Serial No. 50177875 for BOUNCE HOUSE FIDGET and Design on October 23, 2026.

It pleads eight causes of action: declaratory judgment of non-infringement of the '273 design patent; declaratory judgment of no trademark infringement under 15 U.S.C. §§ 1114 and 1125(a); bad faith assertion of patent infringement under Utah Code Ann. § 78B-6-1901 et seq.; intentional interference with economic relations; injurious falsehood; defamation; false or misleading representation of fact under 15 U.S.C. § 1125(a)(1)(B); and deceptive trade practices under the Utah Truth in Advertising Act. Diversity jurisdiction is pleaded in the alternative.

Relief requested

The prayer asks for declarations that the plaintiff, its licensees, and its customers do not infringe the '273 patent or any trademark or trade dress right of the defendant; a temporary restraining order and preliminary and permanent injunctions against infringement statements and against intellectual property complaints or takedown notices to Etsy or any other online marketplace aimed at listings of the design; a court approved written retraction and withdrawal of any takedown notice; a bond under Utah Code Ann. § 78B-6-1905; actual, special, punitive, and statutory damages; profits under 15 U.S.C. § 1117(a); attorneys' fees under 35 U.S.C. § 285, 15 U.S.C. § 1117(a), and Utah law; and interest.

Where the case stands

The plaintiff filed a motion for a temporary restraining order with the complaint on October 30, 2026, ECF No. 2. Through November 2, 2026, the docket also shows the report to the Director of the USPTO and a summons issued on November 2. Watch for service on the defendant and for a ruling on the motion for a temporary restraining order. The case can end at any time, including by settlement or voluntary dismissal.