Spyderco V. Ioffer - Complaint 76d1g

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 1 of 37

1 2 3 4 5 6 7 8 9

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

Rodney B. Sorensen, SBN 196926 [email protected] SHERIDAN ROSS P.C. 1560 Broadway, Suite 1200 Denver, Colorado 80202 Telephone: (303) 863-9700 Facsimile: (303) 863-0223 Attorneys for Plaintiff SPYDERCO, INC.

12

UNITED STATES DISTRICT COURT

13

FOR THE NORTHERN DISTRICT OF CALIFORNIA

14 15

SPYDERCO, INC., a Colorado Corporation,

16

Plaintiff,

17

v.

18 19 20 21 22

iOFFER, INC., a California corporation; and iOFFER CORPORATION, a Nevada corporation, Defendants.

Case No.

3:18-cv-04485

COMPLAINT FOR FEDERAL TRADEMARK COUNTERFEITING, INFRINGEMENT, UNFAIR COMPETITION, AND FALSE DESIGNATION OF ORIGIN (15 U.S.C. §§ 1114, 1125, 1117); VIOLATION OF CALIFORNIA BUSINESS AND PROFESSIONS CODE (§ 17200); CIVIL CONSPIRACY; PATENT INFRINGEMENT (35 U.S.C. § 271) DEMAND FOR JURY TRIAL

23 24 25 26 27 28 COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 2 of 37

1

Plaintiff Spyderco, Inc. ("Spyderco") files this Complaint against Defendants iOffer, Inc.

2 and iOffer Corporation, alleging as follows: 3 4

I. 1.

THE PARTIES

Spyderco is a Colorado corporation, having its principal place of business at 820

5 Spyderco Way, Golden, Colorado 80403. 6

2.

Upon information and belief, iOffer, Inc. is a California corporation in good standing

7 that owns and operates the website www.ioffer.com, an online retail store and marketplace. iOffer 8 Corporation is a Nevada corporation in good standing that owns and operates the website 9 www.ioffer.com (collectively, “iOffer”). The President and Chief Executive Officer of iOffer is

11 94107.

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10 Ryan Boyce. iOffer’s principal place of business is 82 South Park Street, San Francisco, California

12

3.

iOffer is subject to process by serving its ed Agent, Alan Korn, who is

13 located at the Law Office of Alan Korn, 1840 Woolsey Street, Berkeley, California 94703. iOffer 14 is also subject to process by serving Mr. Boyce at his business office. 15

4.

iOffer operates an interactive website which functions as an online retail store and

16 marketplace. That website has a domain of www.ioffer.com, is owned by iOffer and was first 17 established in 1998.

Information listed on the website and its interactive functionality is

18 incorporated herein by this reference. 19 20

II. 5.

JURISDICTION AND VENUE

This is an action arising from iOffer’s willful counterfeiting of Spyderco's federally

21 ed trademarks, willful infringement of Spyderco's federally ed and common-law 22 trademarks (15 U.S.C. § 1051, et seq.), violation of California Business and Professions Code (§ 23 17200, et seq.), civil conspiracy, and infringement of Spyderco's federally-issued U.S. design patent 24 (35 U.S.C. § 101, et seq.). 25

6.

This Court has jurisdiction over the subject matter of this action pursuant to 15 U.S.C.

26 § 1121 and 28 U.S.C. §§ 1331 and 1338. The Court has supplemental jurisdiction over Spyderco's 27 state law claims under 28 U.S.C. § 1367, as they are so related to the federal claims that they form 28 part of the same case or controversy. -2-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 3 of 37

1

7.

iOffer has general minimum s with this judicial district by having its principal

2 place of business in this judicial district, by being a California corporation, by transacting business 3 within California, and by placing infringing products into the stream of commerce with the 4 knowledge or understanding that such products are sold in the State of California, including in this 5 District. Personal jurisdiction exists over iOffer. 6

8.

Venue over this action is proper in this Court under 28 U.S.C. §§ 1391(b) and (c) and

7 under 28 U.S.C. § 1400(b) because iOffer resides in this judicial district, iOffer has committed acts 8 of infringement in this judicial district, and iOffer has a regular and established place of business in 9 this judicial district.

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

III.

GENERAL ALLEGATIONS

11

A.

Spyderco's Intellectual Property

12

9.

Spyderco is engaged in the business of, among other things, deg, developing,

13 manufacturing and distributing knives and knife accessories.

Many of these products are

14 manufactured at Spyderco's Golden, Colorado facility, and all its business operations occur out of 15 that facility. Spyderco and its products are recognized by the knife industry as being among the 16 very best in quality and distinctiveness in the world. (See Ex. A, which is incorporated herein by 17 this reference.) Spyderco's business and product reputation are among its most prized business 18 assets. 19

10.

One of Spyderco's most recognized and iconic knives is known as the Military and

20 that product name is included on packaging and marketing collateral for the product. Information 21 about

that

product

is

listed

on

Spyderco's

website

at

22 https://www.spyderco.com/catalog/details.php?product=19, and that information is incorporated 23 herein by this reference. These knives come in a variety of styles and have been sold for more than 24 a decade. Example photographs of Spyderco’s Military model knives are set forth below: 25 26 27 28 -3-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 4 of 37

1 2 3 4 5 6 7 Many of the Military model knives are shipped in Spyderco’s Product Packaging with a 8 promotional insert letter from Spyderco explaining the history and background of the Military 9 knife model. An image of the packaging and a copy of the promotional insert letter accompanying

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10 Military knives is set forth below:

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 5 of 37

1

11.

A second popular Spyderco knife sold by Spyderco is known as the Domino and that

2 product name is included on packaging and marketing collateral for the product. Information about 3 the Domino knife is listed on Spyderco’s website at https://www.spyderco.com/catalog/ 4 details/C172CFTI/839, and that information is incorporated herein by this reference. Example 5 photographs of Spyderco’s Domino model knife are set forth below: 6 7 8 9

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

12 13 14 15 16 17 Many of the Domino model knives are shipped in Spyderco’s Product Packaging with a promotional 18 insert letter from Spyderco explaining the history and background of the Domino knife model. A 19 copy of the promotional insert letter accompanying the Domino model knives is set forth below: 20 21 22 23 24 25 26 27 28 -5-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 6 of 37

1 2 3 4 5 6 7 8 9

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 7 of 37

1 2 3 4 5 6 7 8 9

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

12 13 14 15

12.

Another popular Spyderco knife sold by Spyderco is known as the Matriarch and that

16 product name is included on packaging and marketing collateral for the product. Information about 17 the

Matriarch

knife

is

listed

on

Spyderco’s

website

at

https://www.spyderco.com/

18 catalog/details.php?product=719 and that information is incorporated herein by this reference. The 19 Matriarch comes in many models and has been sold for almost two decades. Example photographs 20 of Spyderco’s Matriarch model knives are set forth below: 21 22 23 24 25 26 27 28 -7-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 8 of 37

1 Many of the Matriarch model knives are shipped in Spyderco’s Product Packaging with a 2 promotional insert letter from Spyderco explaining the history and background of the Matriarch 3 knife model. Copies of the promotional insert and letter accompanying Matriarch knives are set 4 forth below: 5 6 7 8 9

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -8-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 9 of 37

1 2 3 4 5 6 7 8 9

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -9-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 10 of 37

1 2 3 4 5 6 7 8 9

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

12 13 14 15 16 17 18 19

13.

Another knife sold by Spyderco is known as the Jot Singh Khalsa and that product

20 name is included on packaging and marketing collateral for the product. Information about the Jot 21 Singh

Khalsa

knife

is

listed

on

Spyderco’s

website

at

https://www.spyderco.com/

22 catalog/details/C40G/840 and that information is incorporated herein by this reference. The Jot 23 Singh Khalsa knife is a limited-edition knife designed in collaboration with knifemaker, Jot Singh 24 Khalsa in 2000. A photograph of the Jot Singh Khalsa knife is set forth below: 25 26 27 28 -10-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 11 of 37

1 2 3 4 5 6 7 8 9

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

12 The Jot Singh Khalsa knife is shipped in Spyderco’s Product Packaging with a promotional insert 13 letter from Spyderco explaining the history and background of the Jot Singh Khalsa knife. A copy 14 of the promotional insert letter accompanying Jot Singh Khalsa knives is set forth below: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -11-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 12 of 37

1 2 3 4 5 6 7 8 9

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

12 13 14 15 16 17 18 19 20 21 22 23

14.

The blade of an authentic Spyderco Matriarch knife is made of a specific type of

24 steel: VG-10. “Its SpyderEdge VG-10 stainless steel blade is scientifically designed to maximize 25 cutting performance . . . .” (https://www.spyderco.com/catalog/details/C12BK2/719).

The

26 authentic Matriarch knives are manufactured in Seki City, Japan. The blade of an authentic 27 Matriarch knife says “SEKI-CITY JAPAN” on one side and “SPYDERCO VG-10” on the other 28 side. -12-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 13 of 37

1 2 3 4 5 6 7 8 9

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10 15.

The blade of an authentic Spyderco Domino knife is made of a specific type of steel:

12 CTS-XHP®. “Its full-flat-ground blade is machined from CTS XHP steel . . . .” 13 (https://www.spyderco.com/catalog/details/C172CFTI/839).

The Spyderco Domino knife is

14 manufactured in Taiwan. The blade of an authentic Domino knife says “TAICHUNG TAWAIN” 15 on one side and “SPYDERCO CTS-XHP” on the other side. 16 17 18 19 20 21 22 23 24 25

16.

Spyderco also, for some years, has packaged and shipped all its knives in boxes

26 bearing its federally ed trade dress, detailed below in Paragraph 21. Photographs of the 27 Spyderco Product Packaging are set forth below for reference: 28 -13-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 14 of 37

1 2 3 4 5 6 7 8 9

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

12 13 14 15 16 17

17.

The manufacturer's suggested retail price ("MSRP") for authentic Spyderco Military

18 branded knives is between $259.95 and $399.95; the MSRP for an authentic Domino branded knife 19 is $339.95; the MSRP for an authentic Matriarch branded knife is between $139.95 and $172.95; 20 and the MSRP for an authentic Jot Singh Khalsa knife is $299.95. 21

B.

Spyderco's Relevant Federally ed Trademarks

22

18.

Spyderco is the owner of now incontestable U.S. Trademark Registration No.

23 1,965,458 for “SPYDERCO” in International Class 8 (U.S. Classes 23, 28 and 44) for folding knives 24 (the "Spyderco Mark"). A true and accurate copy of the Spyderco Mark registration is attached 25 hereto as Ex. B, which is incorporated herein by this reference. Based upon Spyderco's continuous 26 non-interrupted use of that trademark for years in interstate commerce, relevant consumers have 27 come to associate it exclusively with Spyderco, who thus also acquired strong common law 28 -14-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 15 of 37

1 trademark rights in and to the Spyderco Mark long before iOffer, who, without authorization, used 2 the identical mark on visually nearly identical knives. 3

19.

Spyderco is also the owner of now incontestable U.S. Trademark Registration No.

4 5 6 1,957,810 for

in International Class 8 (U.S. Classes 23, 28 and 44) for knives (the

7 "Bug Mark"). A true and accurate copy of the Bug Mark registration is attached hereto as Ex. C, 8 which is incorporated herein by this reference. Based upon Spyderco's continuous non-interrupted 9 use of that trademark for years in interstate commerce, relevant consumers have come to associate

11 Bug Mark long before iOffer, who, without authorization, used the identical mark on visually nearly

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10 it exclusively with Spyderco, who thus acquired strong common law trademark rights in and to the

12 identical knives. 13

20.

Spyderco is the owner of now incontestable U.S. Trademark Registration No.

14 15 16 17 2,033,317 for

in International Class 8 (U.S. Classes 23, 28 and 44) for folding

18 knives (the "Round Hole Mark"). A true and accurate copy of the Round Hole Mark registration is 19 attached hereto as Ex. D, which is incorporated herein by this reference. Based upon Spyderco's 20 continuous non-interrupted use of that trademark for years in interstate commerce, relevant 21 consumers have come to associate it exclusively with Spyderco, who thus acquired strong common 22 law trademark rights in and to the Round Hole Mark long before iOffer, who, without authorization, 23 used the identical mark on visually nearly identical knives. 24 25

21.

Spyderco is the owner of U.S. Trademark Registration No. 4,884,288 for

26 in International Class 8 (U.S. Classes, 23, 28 and 44) for knife sharpeners; knives; sharpening stones 27 (the “Product Packaging Mark”). A true and accurate copy of the Product Packaging Mark 28 registration is attached hereto as Ex. E, which is incorporated herein by this reference. Based upon -15-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 16 of 37

1 Spyderco’s continuous non-interrupted use of that trademark for years in interstate commerce, 2 relevant consumers have come to associate it exclusively with Spyderco, who thus acquired strong 3 common law trademark rights in and to the Product Packaging Mark long before iOffer, who, 4 without authorization, used the identical mark on visually identical product packaging for visually 5 nearly identical knives. 6 7

22.

Spyderco is the owner of U.S. Trademark Registration No. 5,236,430 for

8 in International Class 8 (U.S. Classes 23, 28 and 44) for knives (the “Eric Signature Tag Mark”). A 9 true and accurate copy of the Eric Signature Tag Mark registration is attached hereto as Ex. F, which

11 that trademark for years in interstate commerce, relevant consumers have come to associate it

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10 is incorporated herein by this reference. Based upon Spyderco’s continuous non-interrupted use of

12 exclusively with Spyderco, who thus acquired strong common law trademark rights in and to the 13 Eric Signature Tag Mark long before iOffer, who, without authorization, used a nearly identical 14 mark on visually nearly identical knives. 15

23.

The Spyderco Mark, the Bug Mark, the Round Hole Mark, the Product Packaging

16 Mark, and the Eric Signature Tag Mark will collectively be referred to below as the "MARKS." 17

C.

Spyderco' s Relevant Common Law Trademarks

18

24.

Spyderco has marketed and sold a variety of unique folding knife products for at least

19 a decade under and in connection with the trademark “MILITARY.” These knives have been met 20 with significant commercial success and consumer recognition. Because of this success and years 21 of superior product development and customer service, Spyderco has developed substantial and 22 significant consumer recognition, trust, loyalty, and goodwill in and to its successful MILITARY 23 trademark. Based upon Spyderco's continuous, non-interrupted use of that designation for more 24 than a decade in interstate commerce, relevant consumers have come to associate it exclusively with 25 Spyderco, who acquired strong common law trademark rights in and to MILITARY long before 26 iOffer. 27

25.

Spyderco has marketed and sold a variety of unique folding knife products for at least

28 four years under and in connection with the designation “DOMINO.” These knives have been met -16-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 17 of 37

1 with commercial success and consumer recognition. Because of this success and years of superior 2 product development and customer service, Spyderco has developed substantial and significant 3 consumer recognition, trust, loyalty, and goodwill in and to its successful DOMINO brand. Based 4 upon Spyderco's continuous, non-interrupted use of that brand for more than a decade in interstate 5 commerce, relevant consumers have come to associate it exclusively with Spyderco, who has thus 6 acquired strong common law trademark rights in and to DOMINO long before iOffer. 7

26.

Spyderco has marketed and sold a variety of unique folding knife products for at least

8 a decade under and in connection with the designation “MATRIARCH.” These knives have been 9 met with commercial success and consumer recognition. Because of this success and years of

11 significant consumer recognition, trust, loyalty, and goodwill in and to its successful MATRIARCH

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10 superior product development and customer service, Spyderco has developed substantial and

12 brand. Based upon Spyderco's continuous, non-interrupted use of that brand for more than a decade 13 in interstate commerce, relevant consumers have come to associate it exclusively with Spyderco, 14 who has thus acquired strong common law trademark rights in and to MATRIARCH long before 15 iOffer. 16

27.

The trademarks discussed in paragraphs 24-26 hereof will collectively be referred to

17 below as the "Common-Law Trademarks." 18

D.

Spyderco's U.S. Design Patents

19

28.

On April 12, 2016, the USPTO duly and legally issued United States Patent No.

20 D753,459 entitled “Folding Knife” (“the 'D459 Patent”) to Spyderco. A true and correct copy of the 21 'D459 Patent is attached hereto as Exhibit K and incorporated herein by this reference. Spyderco is 22 the owner of all right, title, and interest in and to the 'D459 Patent, including the right to sue and 23 collect damages for past infringement thereof. 24

E.

iOffer and its Infringing Conduct

25

29.

iOffer operates an online retail store and marketplace, connecting buyers and sellers

26 internationally. Included in the products for sale on the iOffer website at www.ioffer.com are a 27 number of different model “Spyderco” knives, which are herein incorporated by reference. 28 -17-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 18 of 37

1

30.

Spyderco purchased two knives from the iOffer website at www.ioffer.com. One of

2 the knives was named and listed by iOffer on its website as “SPYDERCO C41CTS TACTICAL 3 HUNTING FOLDING KNIVES.” A copy of the product listing for this knife from www.ioffer.com 4 is attached hereto as Ex. G, which is incorporated herein by this reference. The other knife was 5 named and listed by iOffer on its website as “SPYDERCO KNIVES TACTICAL FOLDING 6 MULTI NAVAJAS CAMPING.” A copy of the product listing for this knife from www.ioffer.com 7 is attached hereto as Ex. H, which is incorporated herein by this reference. Screenshots of the 8 product listings showing the purchased knives are provided below in addition to images of the 9 purchased knives.

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -18-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 19 of 37

1 2 3 4 5 6 7 8 9

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -19-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 20 of 37

1

31.

Based upon the sale prices, Spyderco believed that the knives purchased from the

2 iOffer website were not authentic. The “SPYDERCO C41CTS TACTICAL HUNTING FOLDING 3 KNIVES” knife offered by iOffer has a sale of price $30.00. The corresponding Spyderco Domino 4 knife has an MSRP of $339.95. The “SPYDERCO KNIVES TACTICAL FOLDING MULTI 5 NAVAJAS CAMPING” knife offered by iOffer has a sale of price $23.62. The corresponding 6 Spyderco Matriarch knife has an MSRP of $259.95. 7

32.

Upon information and belief, the knives being offered for sale by and being sold by

8 iOffer as Spyderco knives are made of inferior materials and have an inferior build quality. These 9 knives will not perform as d and will fail in use much more quickly than an authentic

11 original purchaser and/or a subsequent purchaser, another acquirer or just a person viewing

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10 Spyderco Matriarch or Domino knife. When they fail early and/or do not perform as expected, the

12 unflattering use of the knives, will think less of Spyderco and the quality of Spyderco products. 13 Spyderco's reputation is a prized business asset, and the reputational loss visited upon Spyderco by 14 iOffer’s sale of the knives, which is completely out of Spyderco's control, could result in significant 15 reputational damage to Spyderco, its brand and its products. 16

33.

35 U.S.C. §1116(d)(1)(B)(i) & (ii) defines a counterfeit designation as any symbol

17 used on a good sold in interstate commerce that is identical to or substantially indistinguishable from 18 a symbol that is ed on the Principle of the United States. Knowledge of the 19 registration is irrelevant. The “SPYDERCO C41CTS TACTICAL HUNTING FOLDING” knife 20 and the “SPYDERCO KNIVES TACTICAL FOLDING MULTI NAVAJAS CAMPING” knife 21 sold by iOffer include the identical Spyderco Mark, Bug Mark, Round Hole Mark, and Product 22 Packaging Mark, all of which are ed on the Principle Trademark of the United 23 States. The “SPYDERCO C41CTS TACTICAL HUNTING FOLDING” knife sold by iOffer also 24 includes a mark substantially indistinguishable from the Eric Signature Tag Mark, which is 25 ed on the Principle Trademark of the United States.

iOffer’s unauthorized

26 ment, offer for sale and sale of those knives thus constitutes distribution in interstate 27 commerce of counterfeit goods under 15 U.S.C. § 1117(c). Those knives will hereafter be referred 28 to as the "Counterfeit Knives." -20-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 21 of 37

1

34.

iOffer imports, uses, offers to sell, and sells the “SPYDERCO C41CTS TACTICAL

2 HUNTING FOLDING KNIVES” that infringe Spyderco's 'D459 Patent. Table 1 illustrates iOffer's 3 infringement by comparing figures from the 'D459 Patent with exemplary images of the 4 “SPYDERCO C41CTS TACTICAL HUNTING FOLDING” knife. 5 6 7

Table 1: Comparison of 'D459 Patent with Exemplary Pictures of iOffer Knife 'D459 Patent Figures

iOffer's “SPYDERCO C41CTS TACTICAL HUNTING FOLDING” Knife

8 9

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -21-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 22 of 37

1 2 3 4 5 6 7 8 9

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -22-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 23 of 37

1 2 3 4 5 6 7 8 9

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -23-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 24 of 37

1 2 3 4 5 6 7 8 9

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -24-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 25 of 37

1 2 3 4 5 6 7

35.

As shown in these pictures, the “SPYDERCO C41CTS TACTICAL HUNTING

8 FOLDING” knife has a design that is the same or substantially the same as the design of the 'D459 9 Patent and Spyderco's Domino knife. The designs are so similar as to be nearly identical such that 11 the substantial similarity between the designs to be induced to purchase iOffer's products believing

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10 an ordinary observer, giving such attention as a purchaser usually gives, would be so deceived by 12 them to be substantially the same as the design protected by the 'D459 Patent. 13

36.

Spyderco is not the source of the “SPYDERCO C41CTS TACTICAL HUNTING

14 FOLDING KNIVES” and Spyderco has never licensed iOffer to use or allowed the use of the 'D459 15 Patent in this manner. 16

37.

The Counterfeit Knives have been offered for sale and sold since at least between

17 June 2017 and the present and look nearly identical to authentic Spyderco Matriarch and Domino 18 knives, but they were not manufactured or distributed by Spyderco. Rather, and upon information 19 and belief, the Counterfeit Knives, and more like them, were likely acquired by iOffer from a 20 Chinese distributer at a low price. iOffer has been and continues to generate a large profit from the 21 illegal and unauthorized sale of the Counterfeit Knives, and others like them. The only reason iOffer 22 can generate this profit is because Spyderco spent decades generating a strong product offering, 23 demand for its high-quality goods and a near-cult following for its knives. iOffer is free riding on 24 Spyderco's corporate and product reputations to generate unbridled corporate gain and is severely 25 undercutting the MSRP of authentic Spyderco Matriarch and Domino knives to achieve its goal. 26

38.

Under 15 U.S.C. § 1117(c), iOffer’s advertising, offer for sale and sale of the

27 Counterfeit Knives is willful. iOffer labels the knives as “SPYDERCO” knives in the product 28 listings and uses copied Spyderco Product Packaging to ship the Counterfeit Knives. However, as -25-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 26 of 37

1 shown in Ex. G and Ex. H, iOffer lists the “brand” for the Counterfeit Knives as “HX OUTDOORS” 2 and includes the technical specifications and blade steel of the Counterfeit Knives, which is different 3 from authentic Spyderco Matriarch and Domino knives.

Further, the promotional inserts

4 accompanying the Counterfeit Knives in the shipping packaging include references to the Spyderco 5 Military knife and the Spyderco Jot Singh Khalsa knife, which were not the knives purchased from 6 or shipped by iOffer. Below, and attached as Ex. I, which is incorporated herein by this reference, 7 is a copy of the promotional insert accompanying the “SPYDERCO C41CTS TACTICAL 8 HUNTING FOLDING KNIVES” knife, which corresponds to the Jot Singh Khalsa knife: 9

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -26-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 27 of 37

1 The Spyderco Jot Singh Khalsa knife, pictured on the left below, is not the knife sold and shipped 2 by iOffer, pictured below on the right. 3 4 5 6 7 8 9

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

12 13 14 15 16

Below, and attached as Ex. J, which is incorporated herein by this reference, is a copy of the promotional insert accompanying the “SPYDERCO KNIVES TACTICAL FOLDING MULTI NAVAJAS CAMPING” knife, which corresponds to the Military knife:

17 18 19 20 21 22 23 24 25 26 27 28 -27-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 28 of 37

1 2 3 4 5 6 7 8 9

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

12 13 14 15 16 17 18 19 20 21 22 23 24 Spyderco’s Military model knife, pictured on the left below, is not the knife sold and shipped by 25 iOffer, pictured below on the right. 26 27 28 -28-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 29 of 37

1 2 3 4 5 6 7 8 9

11 the Counterfeit Knives. In short, iOffer knowingly and wantonly chose to offer and sell the

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10 iOffer was thus aware of exactly what it was doing when it chose to offer for sale through its store

12 Counterfeit Knives and to damage, perhaps irreparably, Spyderco's superior, perendinate and 13 valuable reputational rights reflected in the MARKS, the Common-Law Trademarks, and the 'D459 14 Patent. 15

39.

The blade of the “SPYDERCO KNIVES TACTICAL FOLDING MULTI

16 NAVAJAS CAMPING” knife purchased from iOffer says “VG-10,” which is a specific type of steel 17 used in an authentic Spyderco Matriarch knife.

The blade of the “SPYDERCO C41CTS

18 TACTICAL HUNTING FOLDING KNIVES” knife purchased from iOffer says “CTS-XHP,” 19 which is a specific type of steel used in authentic Domino knives. To confirm that the knives 20 purchased from iOffer were not authentic, Spyderco had an independent metallurgist test the blade 21 of each knife to determine if they were, as indicated on the knife blades, made of VG-10 or CTS22 XHP® steel. (See Ex. L, Declaration of Josh Belt, incorporated by reference herein.) The results of 23 that testing confirmed that the knives d and sold by iOffer were not manufactured by 24 Spyderco in Japan or Taiwan and are not authentic. 25

40.

iOffer’s willful counterfeiting and infringement make this an exceptional case,

26 entitling Spyderco to: (1) an award of treble actual damages in the form of Spyderco's lost profits 27 and iOffer’s gross profits due to infringement of Spyderco's Common-Law Trademarks under 15 28 U.S.C. § 1117(a); (2) an award of attorneys' fees and costs (including any expert costs) under 15 -29-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 30 of 37

1 U.S.C. § 1117(a) for infringement of Spyderco's MARKS and Common-Law Trademarks; (3) an 2 award of compensatory damages to cover a national corrective advertising campaign that Spyderco 3 must undertake to advise the purchasing public about the hazards of acquiring a counterfeit 4 Matriarch or Domino knife, under 15 U.S.C. § 1117(a); (4) an award of prejudgment and post 5 judgement interest under 15 U.S.C. § 1117(a) and (b) for infringement of Spyderco's federally 6 ed MARKS and Common-Law Trademarks; and, perhaps most significantly, (5) an award 7 from this Court of statutory damages for willful counterfeiting under 15 U.S.C. § 1117(c)(2) of not 8 less than $200,000 or more than $2,000,000 per counterfeited mark (five in total), or a total award 9 of statutory damages of not less than $1,000,000 or more than $10,000,000. 41.

iOffer's infringement of the 'D459 Patent has been and continues to be willful and

11 intentional and with full knowledge of the existence and validity thereof. The willful and intentional

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

12 nature of iOffer's infringement entitles Spyderco to an award of treble damages pursuant to 35 13 U.S.C. § 284, and to an award of its attorneys' fees pursuant to 35 U.S.C. § 285. 14 15

IV. FIRST CLAIM FOR RELIEF (Federal Trademark Counterfeiting and Infringement of all MARKS Under § 32 of the Lanham Act, 15 U.S.C. § 1114)

16 17

42.

Spyderco incorporates paragraphs 1 through 41 as though fully set forth herein.

18

43.

Without Spyderco's consent, iOffer has used, on and in connection with the sale,

19 offering for sale, distribution, and advertising of its Counterfeit Knives, Spyderco's MARKS. iOffer 20 is promoting and advertising, selling, offering for sale, and distributing counterfeit and infringing 21 knives bearing Spyderco's MARKS. 22

44.

These acts are likely to cause confusion in the trade and among the general public as

23 to at least the origin and quality of the Counterfeit Knives. 24

45.

With actual or constructive notice of Spyderco’s federal registration rights under 15

25 U.S.C. § 1072, and long after Spyderco commenced use of the MARKS, iOffer made unauthorized 26 commercial uses in commerce of the MARKS. 27

46.

These illegal acts constitute counterfeiting and trademark infringement of the

28 MARKS in violation of Spyderco’s rights under § 32 of the Lanham Act, 15 U.S.C. § 1114. -30-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 31 of 37

1

47.

iOffer’s counterfeiting and infringement of Spyderco's MARKS is exceptional and

2 intentional, entitling Spyderco to treble the amount of its damages and iOffer’s profits, and to an 3 award of attorneys' fees and costs under 15 U.S.C. § 1117(a). 4

48.

Spyderco has suffered and will continue to suffer irreparable injury due to iOffer’s

5 actions if iOffer is not preliminarily and permanently ened. Spyderco is entitled to injunctive 6 relief pursuant to 15 U.S.C. § 1116(a). 7 8

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

9

V. SECOND CLAIM FOR RELIEF (Trademark Infringement, Unfair Competition, and False Designation of Origin Under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a))

10

49.

Spyderco incorporates paragraphs 1 through 48 as though fully set forth herein.

11

50.

Without Spyderco's consent, iOffer has used, on and in connection with the sale,

12 offering for sale, distribution, and advertising of its Counterfeit Knives, Spyderco's MARKS and 13 Common-Law Trademarks. The Counterfeit Knives bearing Spyderco's MARKS and Common14 Law Trademarks are nearly identical in appearance to Spyderco’s respective genuine goods but are 15 inferior in quality. 16

51.

These acts are likely to cause confusion in the trade and among the general public as

17 to at least the origin or sponsorship of the Counterfeit Knives. These acts also constitute trademark 18 infringement and have been committed with the intent to cause confusion, mistake, or deception, 19 and are in violation of 15 U.S.C. § 1125(a). 20

52.

As a direct and proximate result of iOffer’s infringing activities, Spyderco is entitled

21 to recover iOffer’s unlawful profits and Spyderco's damages under 15 U.S.C. § 1117(a). 22

53.

iOffer’s infringement of Spyderco's MARKS and Common-Law Trademarks is

23 exceptional and intentional, entitling Spyderco to treble the amount of its damages and iOffer’s 24 profits, and to an award of attorneys' fees and costs under 15 U.S.C. § 1117(a). 25

54.

Spyderco has suffered and will continue to suffer irreparable injury due to iOffer’s

26 actions if iOffer is not preliminarily and permanently ened. Spyderco is entitled to injunctive 27 relief pursuant to 15 U.S.C. § 1116(a). 28 -31-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 32 of 37

1

VI. THIRD CLAIM FOR RELIEF (Willful Federal Counterfeiting, § 35(a) & (c) of the Lanham Act, 15 U.S.C. § 1117(a) & (c))

2 3

55.

Spyderco incorporates paragraphs 1 through 54 as though fully set forth herein.

4

56.

Without Spyderco's consent, iOffer has used, on and in connection with the sale,

5 offering for sale, distribution, and advertising of its Counterfeit Knives, designations that are 6 identical to Spyderco's MARKS. 7

57.

These acts constitute willful trademark counterfeiting in violation of 15 U.S.C.

8 § 1117(a) and (c). 9

58.

As a direct and proximate result of iOffer’s activities, Spyderco is entitled to recover,

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10 among other things, statutory damages under 15 U.S.C. § 1117(c). 59.

iOffer’s counterfeiting renders this case exceptional and intentional, entitling

12 Spyderco to, among other things, an award of attorneys' fees under 15 U.S.C. § 1117(a). 13

60.

Pursuant to California statute, when compensatory damages are assessed by the jury,

14 the jury may, in addition, award reasonable exemplary damages against a defendant “where it is 15 proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or 16 malice." When awarded, exemplary damages are intended to punish a wrongdoer and to set an 17 example for others, not to compensate the victim for the harm done to him or her. Cal. Civil Code 18 § 3294. iOffer has here acted with malice, willfully, wantonly, and fraudulently. Accordingly, 19 Spyderco is entitled to an award of punitive damages 20

61.

Spyderco has suffered and will continue to suffer irreparable injury due to iOffer’s

21 actions if iOffer is not preliminarily and permanently ened. Spyderco is entitled to injunctive 22 relief pursuant to 15 U.S.C. § 1116(a). 23 24 25 26

VII. FOURTH CLAIM FOR RELIEF (Violation of the California Business and Professions Code §§ 17200, et seq.) 62.

Spyderco incorporates paragraphs 1 through 61 as though fully set forth herein.

27 28 -32-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 33 of 37

1

63.

The acts complained of herein constitute unlawful and unfair business practices that

2 have injured Spyderco in its business and property in violation of California Business & Professions 3 Code §§ 17200, et seq. 4

64.

iOffer’s illegal acts were and are likely to cause confusion, cause mistake, or deceive

5 as to the affiliation, connection, or association of iOffer with Spyderco, or as to the origin, 6 sponsorship, or approval of iOffer’s infringing products by Spyderco. 7

65.

The complained of acts significantly impact the public who purchased the

8 Counterfeit Knives in that they or those acquiring the products from them acquired inferior products 9 under false pretenses that could cause grave bodily harm to those individuals or others. While the

11 when compared to the total number of authentic Spyderco knives that have been sold, the damage

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10 total number of consumers who may be affected by the inferior Counterfeit Knives may be low

12 that could be caused by a failure of a Counterfeit Knife could be very significant (perhaps including 13 death), and this is the type of impact for which California’s deceptive trade practices laws are 14 designed to address. 15

66.

Spyderco has suffered actual and reputational injury due to iOffer’s fraudulent and

16 deceitful conduct as outlined herein, and iOffer has intentionally and willfully caused that injury. 17

67.

Spyderco has suffered and will continue to suffer irreparable injury due to iOffer’s

18 actions if iOffer is not preliminarily and permanently ened. Spyderco is entitled to injunctive 19 relief and all other remedies set forth in California Business & Professions Code § 17203. 20 21

VIII. FIFTH CLAIM FOR RELIEF (Common Law Trademark Infringement and Unfair Competition)

22 23

68.

Spyderco incorporates paragraphs 1 through 67 as though fully set forth herein.

24

69.

Spyderco has expended significant resources, including skill, time, effort, and money

25 in acquiring and developing the MARKS and Common-Law Trademarks and the goodwill 26 associated therewith. 27

70.

Spyderco has acquired substantial business values in the MARKS and Common-Law

28 Trademarks. -33-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 34 of 37

1

71.

Through its blatant counterfeiting of the MARKS and Common-Law Trademarks

2 and products, iOffer has wrongfully appropriated the skill, time, effort, and money that Spyderco 3 has invested in its products and the MARKS and Common-Law Trademarks and the goodwill 4 associated therewith. 5

72.

With full knowledge of the MARKS and Common-Law Trademarks, iOffer has

6 traded, and continues to trade, on the goodwill associated with the MARKS and Common-Law 7 Trademarks, and to cause confusion or mistake or to deceive consumers and therefore infringe the 8 MARKS and Common-Law Trademarks in violation of California common law. 9

73.

iOffer’s acts have resulted in the “ing off” of iOffer’s products as those of

11 iOffer’s conduct constitutes trademark infringement and unfair competition under California

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10 Spyderco’s, or as somehow related or associated with, or sponsored or endorsed by Spyderco.

12 common law. 13

74.

Because of iOffer’s wrongful conduct, Spyderco has suffered significant injury.

14

75.

As a direct result of iOffer’s actions, Spyderco has been and will continue to be

15 irreparably injured because it no longer has complete control of its reputation and the goodwill that 16 has been painstakingly developed in the products and the MARKS and Common-Law Trademarks. 17 Spyderco will be forced to correct confusion in the marketplace resulting from iOffer’s 18 counterfeiting, even after injunctive relief is granted. 19

76.

iOffer’s counterfeiting is causing Spyderco damages in amounts to be proven at trial.

20

77.

iOffer’s wrongful use of the MARKS and Common-Law Trademarks is deliberate,

21 willful, and in reckless disregard of Spyderco’s trademark rights, entitling Spyderco to the recovery 22 of punitive damages. 23 24 25 26 27 28 -34-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 35 of 37

1

IX. SIXTH CLAIM FOR RELIEF (Common Law Civil Conspiracy)

2 3

78.

Spyderco incorporates paragraphs 1 through 77 as though fully set forth herein.

4

79.

iOffer conspired with its employees, officers, and directors and with the individual

5 or entity from which it acquired the Counterfeit Knives to resale the Counterfeit Knives at a 6 significant profit. 7

80.

At least two of those individuals and/or entities agreed to that course of conduct,

8 through the placement of the MARKS upon the Counterfeit Knives and the subsequent advertising 9 and sale of the Counterfeit Knives. 81.

iOffer and its co-conspirators actions have caused damage to Spyderco, as outlined

11 herein.

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

12 13

X. SEVENTH CLAIM FOR RELIEF (Infringement of U.S. Patent No. D753,459, 35 U.S.C. § 271(a))

14 15

82.

Spyderco incorporates paragraphs 1 through 81 as though fully set forth herein.

16

83.

By importing, using, offering for sale, and selling knife products in the United States

17 that infringe the 'D459 Patent, without authorization or license from Spyderco, iOffer has been and 18 is currently in violation of 35 U.S.C. §271(a). 19

84.

Spyderco has been damaged and is currently being damaged by iOffer's infringement

20 of the 'D459 Patent in amount to be proven at trial. 21

85.

iOffer's infringement of the 'D459 Patent has been and continues to be willful and

22 intentional and with full knowledge of the existence and validity thereof. 23

86.

The willful and intentional nature of iOffer's infringement entitles Spyderco to an

24 award of treble damages pursuant to 35 U.S.C. § 284, and to an award of its attorneys' fees pursuant 25 to 35 U.S.C. § 285. 26

87.

Spyderco will continue to suffer damages and irreparable harm unless iOffer is

27 restrained and ened by this Court, pursuant to 35 U.S.C. § 283, from further infringement of the 28 'D459 Patent. -35-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 36 of 37

1

XI.

PRAYER FOR RELIEF

2

WHEREFORE, Spyderco prays that the Court enter an Order for Judgment as follows:

3

A.

That Spyderco’s 'D459 Patent, MARKS, and Common-Law Trademarks are valid

4 and enforceable and are the exclusive property of Spyderco; 5

B.

That iOffer has willfully counterfeited the MARKS;

6

C.

That iOffer has willfully infringed the MARKS and Common-Law Trademarks;

7

D.

That iOffer has willfully infringed the ‘D459 Patent;

8

E.

That iOffer, and its respective agents, servants, officers, directors, employees, and

9 all persons acting in concert with it, directly or indirectly, be permanently ened from

11 counterfeiting or infringement of the MARKS and Common-Law Trademarks;

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10 counterfeiting, infringing, and inducing others to counterfeit, infringe or contribute to the

12

F.

That iOffer, and its respective agents, servants, officers, directors, employees, and

13 all persons acting in concert with it, directly or indirectly, be permanently ened from infringing, 14 inducing others to infringe, or contributing to the infringement of the ‘D459 Patent; 15

G.

That iOffer, and its respective agents, servants, officers, directors, employees, and

16 all persons acting in concert with it, directly or indirectly, be ordered to deliver up to Spyderco for 17 destruction, or certify destruction of, all products that counterfeit and/or infringe the MARKS, 18 Common-Law Trademarks, and the ‘D459 Patent; 19

H.

That iOffer for and pay to Spyderco damages adequate to compensate

20 Spyderco for iOffer’s conduct, in an amount to be proven at trial, together with interest and costs as 21 fixed by the Court; 22

I.

That iOffer pay to Spyderco statutory damages to the full extent permitted by law;

23

J.

That Spyderco be awarded its costs and attorneys' fees in accordance with 15 U.S.C.

24 § 1117(a), 35 U.S.C. § 285, and any other appropriate statute or on the Court's own power; 25

K.

That Spyderco be awarded pre-judgment and post-judgment interest; and

26 That the Court award such other and further preliminary and permanent relief to Spyderco as the 27 Court deems equitable and appropriate. 28 -36-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 37 of 37

1 2

DEMAND FOR JURY TRIAL Spyderco hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil

3 Procedure. 4 5

DATED: July 24, 2018

6

By:

7 8 9

15

Robert R. Brunelli, pro hac vice pending [email protected] SHERIDAN ROSS P.C. 1560 Broadway, Suite 1200 Denver, Colorado 80202-5141 Telephone: (303) 863-9700 Facsimile: (303) 863-0223

16

Attorneys for Plaintiff SPYDERCO, INC.

11

(415) 398-7860

ATTORNEYS AT LAW ONE POST STREET, SUITE 1000 SAN FRANCISCO, CALIFORNIA 94104

PAYNE & FEARS LLP

10

/s/ Rodney B. Sorensen Rodney B. Sorensen [email protected] PAYNE & FEARS LLP Attorneys at Law One Post Street, Suite 1000 San Francisco, California 94104 Telephone: (415) 398-7860 Facsimile: (415) 398-7863

12 13 14

17 18

4840-5845-3357.1

19 20 21 22 23 24 25 26 27 28 -37-

COMPLAINT WITH JURY DEMAND

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 1 of 47

EXHIBIT A

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 2 of 47

Top 25 Pocket Knives that a-e Indispensable: #1 Spyderco Pa-amilita-y 2 »

1117/2016

•~

KNIFENEW.

'~ Tod.>y 's News for Knifo Pcop:C )i

11011

I F'

Jrc

I Top 25 Pocket Knives that are Indispensable #1 Spyderco Param1lrtary 2

Top 25 Pocket Knives that are Indispensable: #1 Spyderco Paramilitary 2 AllJ!llSI

7, 2016 • P.:

T

.CT

TOP 25 POCKET KNIVES THAT ARE INDISPENSABLE: #1 Spyderco Paramilitary 2

Brought to you by KnifeCenter.com In June, we took a suNey to team which pocket knives our readers believe should never be discontinued Respondents were asked to name as many or as few pocket knife models as models and the average respondent named 4 1 pocket knives , 94 out of 404 respondents said

Cold Steel Axe Gang Hatchet Plays Leading Role in The Walking Dead

the Spyderco Paramilitary 2 should never be discontinued.

No11emb
they wanted, and no brands or blades were off-limits 404 respondents named a total of 268

How did the Spyderco Para1rnlitary 2 top a survey of knives that should never be discontinued? It's a blade that crosses the usual boundaries of taste and preference. Most knife people fit into one of two categories. The first group includes the people who already own the Paramilitary 2, but still want it lo stick around so they can acquire back-ups and future versions. The second group includes the knife knuls who don't yet own the knife, but plan to buy one. The Spyderco Paramilitary 2 bears the maker's marks of both Spyderco founder Sal Glesser and his son Eric. Both designers have contributed amazing designs to the Spyderco catalog and its filling that the company's most heralded design is a collaboration between the two generations. The Paramilitary 2 is made at Spyderco's headquarters and the Glesser's adopted home town of Golden, Colorado, USA. Earth.

Oregon Knife Companies Strengthening American Manufacturing

http:l/knifenews.com Aop-25-pockel-knives-spyderce>-param ilitary-2/?ulm_source= KnifeNews+ List&utm_campaign= 114eab0514-Param i lilary2_18_7_201 S&ut.•.

EX. A, p.1

113

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 3 of 47 1117/2016

Top 25 Pocket Knives that are Indispensable: #1 Spyderco Paramilitary 2 )) November 5, 2016

-

Spyderco's Compression Lock has found the perfect host in the Paramilitary 2. Sal Glesser and

%

his team designed the Compression Lock on demand, but the result is a truly innovative lock and on the Paramilitary 2 it is a masterstroke: strong, sure, and dead easy to operate. The Paramilitary 2 delivers cutting performance that is matched by few other knives of its size. The blade can handle a range of cutting tasks owing to a combination of its thick stock and full flat grind. The smooth curves of the oversized handle make for a comfortable grip, even with gloves on. The forward choil confers complete control over the large blade. Add the company's trademarked SpyderHole, and what more could you ask for in a large EDC?

Introducing the KnifeNews Dealers' Choice Awards for the Best of 2016 Nov ember 3, 201 6

There are four standard models of the Paramilitary 2. s have a choice of black or Digicam G-10 scales. with either black-coated or satin blades. No serrated models exist. A fourth model, with "blurple" handle scales and S110V steel, is occasionally available. There are many sprint runs with different handle scale and steel options available through secondary market channels. A scaled down version of the Paramilitary 2, previously called the Minuteman but now known simply as the Paramilitary 3, is in the works , although there are no immediate plans for its release. This concludes the KnifeNews countdown of the Top 25 Pocket Knives that are Indispensable. Thanks to all our readers for following the countdown and participating in the survey and promotions . Hope you enjoyed it! A special thank you to KnifeCenter.com for making our indepth coverage of these 25 awesome blades possible.

Kizer Puts New Product Strategy in Motion with Discontinued for 2017 List November 2, 2016

Knife featured in image: Spyderco Parami litary 2 #25 Microtech Ultratech 14/404 #24 Emerson CQC-7 15/404 #23 Victorinox Cadet 18/404 #22 Benchmade Adamas 20/404 #21 Zero Tolerance 0562 211404 #20 Cold Steel Ti-Lite 24/404 #19 Opine! No. 8 25/404 #18 Zero Tolerance 0350 281404 #16 Case Trapper 41/404

Sharpening Pro Credits Modern Tools for Speedy Service

#15 Ontario RAT Model 1 43/404

Oc tober 31 , 201 6

#17 Cold Steel Voyager 30/404

#14 Benchmade Mini Griptilian 53/404 #13 Spyderco Manix 2 54/404 #12 CRKT M16 57/404 #11 Kershaw Skyline 581404 #10 Kershaw Blur 62/404 #09 Cold Steel Recon 1 63/404 #08 Spyderco Endura 4 70/404

~

-- --

Learn More

#07 Chris Reeve Knives Large Sebenza 21 75/404 #06 Kershaw Leek 76/404 #05 Benchmade 940 78/404 #04 Spyderco Delica 4 79/404 #03 Benchmade Griptilian 81/404

Be U1 e firsl of yo ur frie nds to like this

.~-~~

#02 Buck 110 Folding Hunter 90/404 #01 Spyderco Paramilitary 2 94/404

http://knifenews .comltop-25-pocket-knives-spyderco-paramilitary-2/?utm_source= KnifeN e-Ns+ List&utm_cam paign= 114eab0514-Paramilitary2_18_7_2016&ut... EX.A,p.2

213

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 4 of 47 1117/2016

Top 25 Pocket Knives that are Indispensable: #1 Spyderco Paramilitary 2 »

knife companies and subscribe to the KnifeNews email. They wouldn't subscribe if it wasn't awesome. Your Email

(No spam, only greal content)

•

Previous Story

Next Story - ·

Top 25 Pocket Knives that are Indispensable: ##2 Buck 110 Folding Hunter

Cold Steel Axe Gang Hatchet Plays Leading Role in The Walking Dead

Collector Shares his First Full Custom Knife Experience

Oregon Knife Companies Strengthening American Manufacturing

ABOUT KNIFENEWS

LATEST

KnifeNews delivers today's news for knife people like us. We report the latest news on new and popular knives, production knife companies, custom makers , innovations , and cover topics that are of interest to the knife carrying community Home Submit News Gel in Touch of Use

Introducing the KnifeNews Dealers' Choice Awards for the Best of 2016

....111!!!1....

TAGS November 6, 2016

FEATURED

Cold Steel Axe Gang Hatchet Plays Leading Role in The Walking Dead

BEl1CHMADE

November 5 , 2016

Oregon l
KERSHAW

NEW FOR 2016

KlllFE COPS

EfnERSOll

TOP Kim BRl\llDS

ZERO TOLERANCE l
SHOT SHOW 201G Kl~IVES KAI

l<MIFECENTER.COM

TOP 25 INDISPENSA8LE POCKET KNIVES

LAW ENFORCEMENT CRKT

SPYDERCO

BOKER

COLO STEEL

lrnlF[ SHOW

VICTORINOX SOG

KAIUSALTO

BUCK KlllVES

November 3, 2016

Introducing th e KnifeNews Dealers ' Choice Awa1ds for the Best oi 2016

© KnifeNews 2015

SURVEY

ULTIW1TE FOLDER SURVE\'

Home

TOPS

MICROTECH

BU~DE 5110111

!\Jews

Shop

http://knifenews.comltop-25-pocket-knives-spyderco-paramilitary-2/?utm_source=KnifeNews+List&utm_campaign=114eab0514-Paramilitary2_18_7_2016&ut.. .

EX. A, p. 3

313

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 5 of 47

EXHIBITB

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 6 of 47

Int. Cl.: 8 Prior U.S. Cls.: 23, 28 and 44

United States Patent and Trademark Office

Reg. No. 1,965,458 ed Apr.

2. 1996

TRADEMARK PRINCIPAL

SPYI)ERCO

SPYDERCO, INC. (COLORADO TION) 4565 NORTH HIGHWAY 93 GOLDEN, CO 80403

CORPORA-

KNIVES; SHARPENING STONES, IN CLASS 8 (U.S. CLS. 23, 28 AND 44). FIRST USE 0-0-1981; IN COMMERCE 0-0-1981. SER. NO. 74-657,799, FILED 4-10-1995.

FOR: KNIVES, NAMELY HUNTING, FISHING, POCKET, FOLDING AND SPORTING

MARY CRAWFORD, EXAMINING ATTORNEY

EX. B, p. 1

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 7 of 47

EXHIBITC

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 8 of 47

Int. Cl.: 8

Prior U.S. Cls.: 23, 28 and 44

United States Patent and Trademark Office

Reg. No. 1,957,810 ed Feb.

zo, t996

TRADEMARK PRINCIPAL

SPYDERCO, INC, (COLORADO TION) 4565 NORTH HIGHWAY 93 GOLDEN, CO 81403

CORPORA-

FOR: KNIVES, NAMELY HUNTING, FISHING, POCKET, FOLDING AND SPORTING KNIVES; SHARPENING STONES, IN CLASS g (U.S. CLS. 23, 28 AND 44).

FIRST

USE

0-0-1981;

IN

COMMERCE

0-0-1981.

THE MARK CONSISTS OF A FANCIFUL REPRESENTATION OF A SPIDER. SBR. NO. 74-650,054, FILED 3-22-1995. SARAH LEE, EXAMINING ATTORNEY

EX. C, p. 1

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 9 of 47

EXHIBIT D

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 10 of 47

Int. Cl.: 8 Prior U.S. Cls.: 23, 28 and 44

Reg. No. 2,033,317

United States Patent and Trademark Office

ed Jpn, 28, 1997

TRADEMARK PRINCIPAL

SPYDERCO, INC. (COLORADO TION) 4565 NORTH HIGHWAY 93 GOLDEN, CO 80403

CORPORA-

FOR: KNIVES, NAMELY HUNTING, FISHING, POCKET, FOLDING AND SPORTING KNIVES, IN CLASS 8 (U.S. CLS . 23, 28 AND 44). FIRST USE 0-0-1981; fN COMMERCE 0-0-1981.

THE MARK CONSISTS OF THE CONFIGURATION OF A PORTION OF THE GOODS, NAMELY A CIRCULAR THROUGH HOLE FORMED IN THE BODY OF A KNIFE BLADE SEC. 2(F). SER. NO. 74-624,039, FILED 1-23-1995. ANTHONY R. MASIELLO, EXAMINING ATTORNEY

EX. D, p.1

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 11 of 47

EXHIBITE

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 12 of 47

Reg. No. 4,884,288 ed Jan. 12, 2016

SPYOERCO, INC. (COLORADO CORPORATION) 820 PYDE.RCO \\'AY GOLDEN, co so403

Int. Cl.: 8

FOR: KNIFE SHARPENERS; KNIVES; SHARPENING STONES, IN CLASS 8 (C.S . CLS 23 , 28AND 44) .

TRADEMARK

FIRST USE 7-0-2007; IN COMMERCE 7-0-2007.

PRINCIPAL

THE MARK CONSISTS OF A DESIGN COMPRISING A GRAY TAPERED ARC FLANKED BY THE COLORS RED ON A FIRST SIDE AND BLACK ON AN OPPOSING SIDE BROKEN LINES REPRESENT OUTLINE OF PRODUCT PACKAGING TO SllOW !IOW TllE MARK rs DEPICTED ON TllE PACKAGING AND IS NOT PART OF TllE MARK TllE SllAPE OF THE PACKAGING rs NOT PART OF THE MARK T!IE COLOR{S) BLACK, RED, AND GRAY IS/ARE CLAIMED AS A FEATllRE OF Tl!E MARK. SEC. 2(F). SER. NO. 86-496, 159, flLED 1-6-2015 DORITT I.. CARROi.i., EXAMINING ATTORNEY

Director of the United States Patent and Trademark Office

EX. E, p.1

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 13 of 47

EXHIBITF

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 14 of 47

Reg. No. 5,236,430 ed Jul. 04, 2017 Int. Cl.: 8 Trademark

Spyderco, Inc. (COLORADO CORPORATION) 820 Spyderco Way Golden, CO 80403 CLASS 8: Knives FIRST USE 00-00-2004; IN COMMERCE 00-00-2004 The mark consists of the letter "E" in stylized form with an arrowhead on the tail of the "E".

Principal

SER. NO. 87-252,274, FILED 11-30-2016 DANIELS STRINGER, EXAMINING ATTORNEY

?e/ s"t "- rm" rft> I Performm111M functions and Dulles of the Under Secret•ry of Commerce lor lniellrclual Propt'rty and Oireuor of 1he Uniied S1atu Patent and Trademuk Ofr1ce

EX. F, p.1

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 15 of 47

EXHIBITG

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 16 of 47 Spyderco C41 CTS tactical hunting folding knives for sale

6/30/2017 S porting Goods ;, Ou 1clo or Spoil s > Hu 111111g ::- Knives

;>

Fo lding Bl acle

SPYDERCO C41CTS TACTICAL HUNTING FOLDING KNIVES

Add to

Cart ~

$30.00

Free Shipping

-

AMEX ~-~•

VISA

OR

Need help buying?

98%

POSITIVE (258 REVIEWS) View Seller's Other Items N eed mo r e i11 f orma ti o11?

Ask Question

ITEM INFORMATION Estimated Shipping 1 - 3 Oay'S

ITEM DESCRIPTION I

l II l0•1HJtl1 I !rlllHll 1:\li!UE IE- r1~tl ,.1 rn111

H.:i ,Jh 1

I

;_ .. r

I 1 ·''' I io I fr:; ~

i

lr'n(~1 1 1

Hj; 1

r•

I II".

• •

1·

11

i.11 ill II

1 1fJilll:

1

,

I

)

1

I

·.'

c.;

1 ;1

1' ~

r J t•

f If I

1 1(

.\

r:

It

I

I

RECENT REVIEWS

http://www.ioffer.comfi/spyderco-c41cts-tactical-hunting-folding-knives-635812093?i=387477813

EX. G, p.1

1/1

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 17 of 47

EXHIBITH

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 18 of 47 6/30/2017

spyderco knives tactical folding multi navajas camping for sale

Sporting Goods

SPYDERCO KNIVES TACTICAL FOLDING MULTI NAVAJAS CAMPING

Add to

Cart ~

$23.62

Free Shipping

v/SA

OR

IMal<e OfferNeed help buying?

View Seller's Other Items

Ask Question

ITEM DESCRIPTION '-'\

L I I~\'' '

._l)J1·'

l ;:i '~ r.; I

'JI : u I (j 111 q r' .1II1

j

,,r

iI

' 1!

~

'"

•

r: \'' tt· , {

~ j 1 ~; ·1 J

•. - l

j ',,-

I (

r1

' I I ~ ' I :' I 1' '

v•

I •

j_j.

•::,f

_... ' i'1 t'.

q

I

1;-, I

'•_.:..

,,,

\. 'I

J

I' { I\

'

'.-~

)I

;

I 1'

1.J • \

Jll ~ 1 'J I

I ~

. 1i

1i

'I'

(

I. I

f -: '

l ( ' t. 1

' : ~ I 11

"

http://www.ioffer.com/i/spyderco-knives-tactical-folding-multi-navajas-camping-634058601 ?i=381244232

,ri

EX. H, p.1

1/1

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 19 of 47

EXHIBIT I

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 20 of 47

Dear Spyderco Customer, Across the United States, Europe and Japan, cutlery buyers collect Jot Singh Khalsa knives. Jot's first collaboration with Spyderco was the C40 Jot Singh Khalsa Folder, released in 1997, and later discontinued. Spyderco is revitalizing the C40 for a short time in a Sprint Run. featuring many of the original 's unique characteristics. Jot Singh Khalsa began m'aking knives in 1977 and has been deg and making knives and jewelry full-time since 1978. His first knife was an ornate Kirpan, one of the five sym bols of the Sikh religion which he adopted in the early ?O's. He is well-known for his decorative knives, swords and Kirpans with gemstone handles, engraved fittings and Damascus blades, as well as for his prized folder designs. He attributes his steadiness of character and the creative and innovative insights that guide his knife and sword-making to a daily practice of Kundalini Yoga and meditation, a discipline which he has studied since 1972. The Sprint Run Jot Singh Khalsa folde r has black G-1 O scales offering exceptional ergonomics with a curving handle and unique design flair that fit the hand like a giove. The ergonomic scales encom a fully-lined Linerlock® and are manufactured using screw together con struction. Like the original Khalsa Folder, the design has exceptional eye-appeal with a · pronounced hump in the blade to accommodate the Spyderco Trademark Round Hole TM and the hump also functions as a cross-guard. The saber-ground VG-10 blade has a weight-reducing swedge grind along the spine and is emblazoned with the Spyderco bug on the front and Khalsa's logo on the back. The Khalsa Folder is a unique collaboration reflecting both Jot Singh Khalsa:s flair for deg visually appealing knives but also showcases Spyderco's attentiveness to quality an\l functionality.

Thanx Much, The Spyderco Crew

T: 303.279.8383

T: 800.525 7770

F: 303.278 2229

820 Spydorco Woy Goldon , CO USA 60403

EX. J , p.1

www.spydorcQ.com

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 21 of 47

EXHIBIT J

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 22 of 47

Edge-U-Catlon® Dear Spyderco Customer, Thank you for purchasing a Spyderco Ti·Mll Miiitary Model. NO Spyderco folder has lent itself baller lei Innovation and variallon than the Milllary Model. Using this model we·ve produced a parade of unique renditions with upgraded blade steels. handle colors and materials. We consider it Spyderco's poster child, putting a face to our commitment to C. a. I. ·Constant Quality Improvement. Qur first Military Model. or M1Wie. came about when someone asked Sal - "What knife would you send with your son or daughter if they were deployed?" I had three criteria. 1. ) The blade had to be ferocious in cutting potential and edge life. 2. ) Its weight and ergonomics both lightweight and comfortable . 3. ) I wanted it manufactured as failsafe, indestructible and maintenance -free as humanly possible. The Ti-Mi is a traditional Military Model meeting Sal's requirements in everywaY but bas a tilanium handle and a R I L ·Reeve tnlegral lock. We applaud knilemaker Chris Reeve for modifying the original Walker linerlocke design. He morphed it so the handle scale acts as the lock's liner and the back portion of the handle doubles as both handle spring and lock. In doing this he eliminated the need for additional internal liners and we can manufacture the knife lighter. slimmer and stronger. Ti·Mil' s ultra-light titanium hand le feels like an extension of the hand with chamfering around the edges and a jimped lock release. We tell the handle construction open ror easy maintenance and cleaing, allowing debris Inside to be nushed or blown out, ensuring reliabe performance even ln the dirtiest. harshest environments . Its powdered M·S30V steel blade is flat-ground wily a sole -locus on cutting perlormance. We oversized the blade hole for posillve one· hand deploment, even while wearing gloves and added jimplng on the chon and spine ror tactne resistance in a gripping hand while sawing, chopping or aggressively cutting. Our Millie has become one of the most enduring designs we've ever made. We' II keep on applying our C. a. I. processes to it, but will ensure it rema ins uncomplicated, functional and fietd ..·ready. We thank you ror your appreciation of our knives and our efforts. Thanx Much, The Spyderco Crew ( 800 525 7770 t 303. 271J 6:J8J I 303.278.2229 Spydotco, Ille. 820 Sp)"do1co Way Golden, CO 8040) U,S.A WWW.!PV<'81co.com

Spyderco. Knives & M:cesioN1

EX. K, p.1

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 23 of 47

EXHIBITK

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 24 of 47 I1111111111111111111111111111111 11111 11111111111111111111111111111 11111 1111 USOOD753459S

02)

United States Design Patent

(IO)

Glesser

(45)

(54)

FOLDING KNIFE

(71)

Applicant: Spydcrco, Inc., Golden, CO (US)

(72)

Inventor:

(73)

Assignee: SPYDERCO, INC., Golden, CO (US)

(**)

Term:

(21)

Appl. No.: 29/487,550 Filed:

LOC(lO)CI . ................... ........... .................. 08-03 U.S. Cl. USPC ...... ........ ........................... ..... ............... 08/99 Field of Classification Search USPC ............... 08/98, 99, JOO, 105, 107; 022/118

Apr. 9, 2014

ere ..............

B26B 3/06; B26B 1/04; B26B 1/10;

8268 1/02; 8268 1/48 See application file for complete search history.

(56)

References Cited U.S. PATENT DOCUMENTS 0308,009 s 511990 Evrcll 0333,251 s • 2J l 993 Glesser ... . .. .. .. ... .. .. . ... . .. .. . 08/99 5/ 1997 Lum 0379,294 s 0381,060 s 7/1997 Moran 0382,189 s " 8/ 1997 Viele ................................ 08/99 0384,871 s • 10/ 1997 McWillis ...................... ... 08/99 5,689,890 A • 11/ 1997 Glesser .. .. ... ... .... .. ..... .... .. 30/340 0387,966 s I 2J 1997 Horn 0389,389 s 111998 Glesser 111998 Wegner 0389,718 s 0402,178 s 12/ 1998 Glesser 0402,524 s I 2J 1998 Glesser 1)404,990 s 211999 Zowada 1)407,002 s • 3/ 1999 Morton et al. .............. ..... 1)8199 0418,383 s 112000 Bradichansky 0421,378 s 3/2000 Glesser

s s s

US D753,459 S

**

Apr. 12, 2016

4/2000 Terzuola 12/2000 Lum 12/2000 Ayoob

(Continued) OTHER PUBLICATIONS Grant Notification (with English translation) for Chinese Patent Application No. 201430220144.9, dated Oct. 10, 2014, 4 pages.

14 Years

(22)

(58)

0422,871 0434,631 0435,420

Eric Glesser, Evergreen, CO (US)

(51) (52)

Patent No.: Date of Patent:

(Continued)

Primary Examiner - Phillip S Hyder (74) Attorney, Agent, or Firm - Sheridan Ross P.C. (57) CLAIM The ornamental design for a folding knife, as shown and described. DESCRIPTION FIG. 1 is a front perspective view of the folding knife shown in an open position; FIG. 2 is a front elevation view thereof; FIG. 3 is a rear elevation view thereof; FIG. 4 is a left elevation view thereof; FIG. 5 is a right elevation view thereof; FIG. 6 is a top plan view thereof; FIG. 7 is a bottom plan view thereof; FIG. 8 is a front perspective view of the folding knife shown in a closed position; FIG . 9 is a front elevation view of the folding knife of FIG. 8; FIG. 10 is a rear elevation view of the folding knife of FIG. 8; FIG.11 is a left elevation view of the folding knife of FIG. 8; FIG. 12 is a right elevation view of the folding knife of FIG.

8·

' 13 is a top plan view of the folding knife ofl'IG. 8; and, l'IG. FIG. 14 is a bottom plan view of the folding knife of FIG. 8. The broken lines depict portions of the folding knife in which the design is embodied that are not considered part of the claimed design. 1 Claim, 9 Drawing Sheets

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 25 of 47

US D753,459 S Page 2 (56)

))438,443 0441,827 0442,460 0461 ,387 0474,669 0488,045 0553,469 0567,055 0569,213 0581,240 0593,838 0614,933 0697,780

References Cited

OTHER PUBLICATIONS

U.S. PATENT DOCUMENTS

Grant Notification (with English translation) for Chinese Patent Application No. 201430287194.9, dated Dec. 3, 2014, 4 pages. U.S. Appl. No. 29/479,611, filed Jan. 17, 2014, Carey. U.S. Appl. No. 29/482,307, filed Feb. 17, 2014, Glesser. "Spyderco Domino - Cl72CFTI," Spyderco Inc., 2014, 1 page. U.S. Appl. No. 29/501,735, filed Sep. 8, 2014, Mears. Notice of Allowance for U.S. Appl. No. 29/479,611 , mailed Sep. JO, 2015 7 pages. Official Action for U.S. Appl. No . 29/501,735, mailed Aug. 27, 2015 7 pages.

s

s s s s s s s s s s s s

• • • • •

3/2001 51200 I 51200 I 812002 5/2003 412004

10/2007 4/2008 5/2008 11/2008 612009 512010

1/2014

Keating f
08/99 08/99 08/99 08/99 08/99 08/99 08/99

* cited by examiner

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 26 of 47

U.S. Patent

Apr. 12, 2016

US D753,459 S

Sheet 1of9

•

~

u..

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 27 of 47

U.S. Patent

Apr. 12, 2016

US D753,459 S

Sheet 2of9

N•

-C.9

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 28 of 47

U.S. Patent

Apr.12,2016

o....

US D753,459 S

Sheet 3 of 9

....

--

-

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 29 of 47

U.S. Patent

Apr. 12, 2016

US D753,459 S

Sheet 4of9

FIG.4

"'.'";I

-

..J

~I

f ·1 I I l-- ;

FIG.5

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 30 of 47

U.S. Patent

Apr. 12, 2016

;!i

I:

~

-: I: l

-

I''

\\

// !i

ii II 11

i

,,

\1

\ 1, I; Ii L

Ii II II II I'

i

:j

,,

US D753,459 S

Sheet 5of9

..

-

..

I

11

I I

!

~i

I !

ll

I i j

~l

i

,.., ,r

,,

,1

.

tO

(9

u..

1l J

r-.-..

(!) LL

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 31 of 47

U.S. Patent

Apr. 12, 2016

Sheet 6of9

FIG.8

US D753,459 S

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 32 of 47

U.S. Patent

Apr. 12, 2016

Sheet 7of9

FIG.9

FIG.10

US D753,459 S

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 33 of 47

U.S. Patent

Apr. 12, 2016

US D753,459 S

Sheet 8of9

,i... I

,r;l .... 1~, ..11 11.,_

FIG.11 ..,.1 -..!

= -,!i ;o·

:

I

!- J

FIG.12

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 34 of 47

U.S. Patent

Apr. 12, 2016

:Il !

US D753,459 S

Sheet 9of9

i

Ii

..

!!

I. //

\\

ii

I! Ji

I/ II i!

Ii

i1

Ii !! ii

CV')

l\\ \1

..

;i

~

1i

•

'1 I I

(9 LL

'1

'1

r,

i

I -

I

l

""

-

! I

11

,,

1\

~ ~

•

CD u..

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 35 of 47

EXHIBITL

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 36 of 47

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Civil Action No. - - - - - - - - - SPYDERCO, INC., a Colorado corporation, Plaintiff, V.

IOFFER INC., a California Corporation, and I OFFER CORPORATION, A Nevada Corporation, Defendants

DECLARATION OF JOSH BELT

I, Josh Belt, hereby declare as follows: 1.

I am over the age of 18. I have personal knowledge of the facts set forth below and,

if called upon to do so, could and would competently testify thereto. 2.

I am a Mechanical and Materials Engineer working at Colorado Metallurgical

Services, located at 10605 East 25th A venue, Aurora, Colorado 800 I 0, and having a website located at www.testmetals.com. Our organization is ISO/IEC 17025 :2005 accredited. 3.

On July 2, 2018, I received two folding knives from Kendria Pearson of Sheridan

Ross P.C. She asked that Colorado Metallurgical Services test the composition of the metal of the blades of two knives shown below:

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 37 of 47

4.

I agreed to and did conduct the tests requested. The certified results of that testing

arc attached as Exhibits I and 2.

5.

Ms. Pearson then asked that I compare the metal composition of the knife 1 blade

to the VG-10 standard set forth in Spyderco's Steel Chart. (See Ex. 3.) The comparison is provided below: Metal

Knife 1 (%)

VG-10 (%)

Carbon

0.26

0.95-1.05

Chromium

12.7

14.50-15.50

Cobalt

0.01

1.30-1.50

Manganese

0.24

0.50

Molybdenum

0.03

0.90-1 .20

2

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 38 of 47

Phosphorus

0.022

0.03

Silicon

0.36

0.60

Vanadium

0.07

0.10-0.30

6.

Ms. Pearson also asked that I compare the metal composition of the knife 2 blade

to the CTS-XHP® alloy standard set forth in the Carpenter Alloy Data (see Ex. 4) and in Spyderco's Steel Chart (see Ex. 3). The comparison is provided below:

Metal

Knife 2 {%)

VG-10 (%)

Carbon

0.41

1.60

Chromium

12.3

16.00

Manganese

0.34

0.50

Molybdenum

0.03

0.80

Nickel

0.12

0.35

Silicon

0.52

0.40

Vanadium

0.07

0.45

7.

I returned the tested knives to Ms. Pearson on July 17, 2018.

I declare under penalty of pei:jury that the foregoing is true

Dated: July I 7, 20 I 8 Materials Engineer

3

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 39 of 47

EXHIBIT 1

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 40 of 47

Colorado Metallurgical Services 10605 East 25th Avenue

Date:

Aurora, CO 80010

F/303 780 9402 testmetals.com

Company: Sheridan Ross, PC/ Spyderco Inc

July 5, 2018

P.O. # Ref. #

T/303 780 9800

Knife 1/3086-5-195

Material : AISI 420

ATTN :

Kenderia Pearson

Address:

2430 Osceola St.

Address:

Denver, CO 80212

Specification: ASTM E1086-14 Lab#: 1807-007

CH EMICAL ANALYSIS Carbon Sulfur Phosphorus Silicon Chromium Nickel Manganese Copper Molybdenum Columbium Titanium Aluminum Vanadium Cobalt Tungsten Tin Iron

UNS 842000 0.26 0.014 0.022 0.36 12.7 0.13 0.24 0.05 0.03 <0.01 <0.01 0.02 0.07 0.01 <0.01 0.01 Base

0.15min 0.030 max 0.040 max 1.00 max 12.00-14.00 1.00 max

Base

Chemistry Run By: OES Percent by Weight [X] Information Only

Laboratory No.1807-007 I Accredited to ISO/IEC 17025:2005 I Accreditation #72916 I Page 1 of 1 Acceptance of this certification indicates customer acknowledgment of invoice . All reports are submitted as the confidential property of clients . Authorization for publication of our reports, conclusions or extracts from or regarding them, is res erved pending our written approval as a mutual protection to clients, the public and ourselves. Upon written request, applicable uncertainty or measurement determinations will be made readily available to client(s) .

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 41 of 47

EXHIBIT2

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 42 of 47

Colorado Metallurgical Services 10605 East 25th Avenue

Aurora, CO 80010

T/303 780 9800

F/303 780 9402 testmetals.com

Company:

Sheridan Ross, PC/ Spyderco Inc

P.O. #

ATTN:

Kenderia Pearson

Ref.# Knife 2/3086-5-195

Address :

2430 Osceola St.

Material: AISI 420

Address:

Denver, CO 80212

Date:

July 5, 2018

Specification : ASTM E1086-14 Lab#: 1807-008

UNS S42000

CHEMICAL ANALYSIS Carbon Sulfur Phosphorus Silicon Chromium Nickel Manganese Copper Molybdenum Columbium Titanium Aluminum Vanadium Cobalt Tungsten Tin Iron

0.41 0.003 0.028 0.52 12.3 0.12 0.34 0.06 0.03 <0.01 <0.01 0.01 0.07 0.03 <0.01 0.01 Base

0.15 min 0.030 max 0.040 max 1.00 max 12.00-14.00 1.00 max

Base

Chemistry Run By: OES Percent by Weight [XJ Information Only

Laboratory No.1807-008 I Accredited to ISO/IEC 17025:2005 I Accreditation #72916 I Page 1 of 1 Acceptance of this certificalion Indicates customer acknowledgment of invoice . All reports are submitted as the confidential property of clients . Authorization for publ icati on of our reports . conclus ions or extracts from or regarding lhem, is reserved pending our written approval as a mutual protection to clients, the public and ourselves. Upon wrillen request, applicable uncertainty of measurement determinations will be made readily available to client(s).

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 43 of 47

EXHIBIT3

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 44 of 47

.- -1 2016 Steel Chart 1095 154CM

..

.., . 1.os

..

3Cr 42DJ2

.·- -2

..

•Spyderco ---IEIBBI -- . . . 110M4.00.

O.lS

ll.00-14.00

440C

J.llO

17.SO

440XH

1.50 ', , 0.98·1.10 0.80

52100

:- -3

8Cr13MoV

"

l.00 1.00

16 0[).18.00

· ·• :

.

I

0.035

0.04

'

1.00 1.00

16.0D ,

It

0.50 1.00

0.60.1.00 0.75

0.04 0.04

o~

O.D3

1.00

0.03

o.so a.so

o.so

0.1).1

0.30 0 :40

0 .80

0.3S

0.25-0.45

130 ·1.GO 13.00

A·Z

l.llO

s. z~

ATS·34

1.us

1~ .00

o.ss.o.65

"

s0.10

60.45

I

DAO

0.15

0-20

0.03

0.15·0.30

0.03

0,02

a.so

0.01

t

AUS·6

II ... El ;

13.50-15.00

Modified 440A

mlllll' . . . . . . .. .

4.00

I

·: 0.4<>-0.54 0.65.0.75

4~5

. ..

..

0.2(;.0,35

.

STEEL CHART

14.00

'

1-:

13.00·H.50

..

O.,S!i U.40

I.IO 4.00

' ' 1.00 a.so I

I

a.so

0.10-0.50

0.10

8-

:1

0.25

0,35

0.35

0.02

o.~o

1,00

DOJ

0A9

1,Ull

0.03

O.D3

' •l.00 ''

O.I0·0.25 O.I0-0.26

! 20

O.lU

0,)[).0.50

1.00.2.00

D.40 0.50

2.95

0.80

3.BS

1.30

0.90

9.00

o.so a.lo

I.JO

o.90

1.00

O.!O

0,03

0-25

0:60-0.10

1.-:._

0.01

0.20.0.30

10-

0.10-0.lO

I

__,

14,50

O.GO

•

I

3.00

0.40

9.00

2.2.5

0.60

1.60

0.25-0.45

a.2a

gjo

1.15

2.40

O.JS-0,30

·- '

.-·-8

..

·'

m40

Elm ox

l.10

GIN·l

0.90

a.60

0.30

a.so

2.00

...

..,

o.30

1.00

0.60

a.30

0.30 0.37

n.oo

0.50

I.JO

a.90

lG.00·18.00

1.00

0 .15

LOO

1&00 15,50

0.30

1.00 0,30

0.60

"

a.co

'

LlO

4.00 0,31).0.50

0-2().(1,30

O.Jl).0.50

LC 200 N

~ . JO

IS,00

0.95

Maxumet•

2. 15

~ . 75

UIO 0.30

M3~0

1.90

20.00

MBS·26

o.85·1.00

13.Q().lS.OO

N690Cn

1.07 o.8S·l.OO

17.00

I

O

10.00

0,30 0.30-0.60

,.,

I

0.50

.

1.00

0.70

o.65

0.<11

J.00

o.so

13.00

G.00

O.GO

4.00

a.so

0.30

. ,,

0.01

O

0 .•10

0.10

a.so

D.lO

12.oa

0.40

0.75

\.,OS

1•.00

o.so

4.00

Sandvik 1ZC27 Mod. SUS410

o.is

0.5?

14.50 11.51).13.SO

0.60

0.25

o.~o

O.oJ

LOO

n.on

1.00

O.D3

Q.Q3

0.60 0;10-0.40

1.30·1.50

6.00 2.00-2.so

o.sa

0.15-0,25

1.10

14.5!!·15.50

18__:,

3.00

0 .03

t.S~

· - - .• ....2:~~1.05

4.00 9.30

PSF27 RWll4

VG·10

16__:,

4.00 0.65

0.03

0.2S

Q.40·0.llO

,,

0.10

''

'

5.00

0"10 l.(JQ·l. 'IO

I.SO

0.02

0.80 D.37

t: , .

1 .~1).1 . SO

1.00·1.50

t:I

'

HAP40 Super Slue S1eol

0-1

-:-9

3.BIM.20 •I

CTS 20

.- ·-7

0.50

14-

,,

--1

i

13_:

• • I

l.Oa

.oo

12__:,

'400

4.ao

l.00 7..00

11-

o..so

0.90·1.20

O. tO·O.'lO

O.iO

0.30

0.40

1.00

0.50

0,20

24-: a.so

O.l<>-0,30 0.10

27__:,

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 45 of 47

EXHIBIT4

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 46 of 47

Data CTS·XHP® Alloy Patent Number Type Analysis

Description

5,370,750

Carbon Silicon Nlckel Manganese

1.60% 0.40% 0.35% 0.50%

Chromium Molybdenum Vanadium Iron

16.00% 0.60% 0.45% Balance

CTS-XHP® alloy is an air-hardening, high carbon, high chromium, corrosion resistant alloy. It can be considered either a high hardness stainless steel or a corrosion-resistant tool steel. The alloy is manufactured using powder metallurgy and controlled metal working processes. CTS-XHP alloy possesses corrosion resistance equivalent to high chromium stainless steels but can attain a maximum hardness of 62 HRC, approaching that of 02 tool steel. In addition, the composition of CTS-XHP alloy has been balanced so that it can attain a minimum bardness of 60 HRC when air cooled from hardening temperatures of 1850 to 2000°F. CTS-XHP alloy is thus more forgiving during heat treatment than slmllar alloys.

Applications

Applications that may be considered for CTS-XHP alloy include all the applications for stain less steels that may require higher hardness, such as bearing assemblies, needle valves, ball check valves, valve seats, pump parts, ball studs, bushings and wear resistant textile components. CTS-XHP can be used for specialty knives where its fine carbide distribution can be used to produce a keenly sharp cutting edge. Because of the hardness of CTS-XHP alloy, it may also be considered for use in 02 applications requiring greater corrosion resistance, such as blanking dies, forming dies, extrusion dies, drawing dies, forming rolls, edging rolls, beading rolls, master tools, heading tools, long punches, Intricate punches and slitting cutters.

Corrosion Resistance

CTS-XHP alloy possesses corrosion resistance equivalent to Type 440C stainless. CTSXH P alloy resists corrosion in normal domestic environments and very mild industrial environments, including many petroleum products and organic materials. For optimum corrosion resistance, surfaces must be free of scale and foreign particles and finished parts should be ivated. Detailed test data can be furnished upon request.

The Information and data presented herein are typical or average values and are not a guarantee of maxJmum or minimum va lues. Applica tions speclfically suggested for material described herein are made solely for the purpose of illustration to enable the reader to make his own evaluation and are not Intended as warranties, either express or impfled, of fitness for these or other purposes. There is no representeliori that the recipient of this literature will receive updated editions as they become available.

STAINLESS STEELS 88 Edition Date; 10/11/02

Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 47 of 47

>.\

2

CTS-XHP® Alloy

Important Note: The following 5-level rating scale is intended for comparative purposes only. Corrosion testing is recommended; factors which affect corrosion resistance include temperature, concentratfon. pH, Impurities, aeration, velocity, crevices, deposits, metallurgical condition, stress, surface finish and dissimilar metal . Restricted Nitric Acid Moderate Sulfuric Acid Phosphoric Acid Restricted Acetic Acid Restricted Sodium Hydroxide Moderate Salt Spray (NaCl) Restricted Sea Water Sour Oil/Gas Humidity Good

Physical Properties

Specific Gravity

7.62

Density

0.275 lb/in

7625 kg/m 3

3

Mean coefficient of thermal expansion-CTS-XHP® Alloy Annealed condition Room Temperature Average Coefficient 10.01 ac 77af to 10"" I °F 25°C to 100 5.65 212 10.17 200 6.02 392 10.83 300 6.24 11.23 572 400 752 6.40 11.52 932 500 6.53 11.76 1112 600 6.63 11.93 1292 700 6.71 12.13 1472 800 6.87 12.37

-

Isothermal transformation (1-T) diagram-CTS-XHP® Alloy Austenitize at 1925°F (1052°C) for 25 mins., quenched to 1-Ttemperature, then brine quenched to room temperature. •c

'F

--n . ·lI' rjI i,----. -·. 1-- ,- I r"--·n ""7i ,, ·<,_·rnf . -.IL I -·- ·tt ::: : :~~~ ~ T ..! ~CJ:i ;:=.= :t . == ''Ii . ! 871 1600 B16 11500 760 -j- 1400 104 ·' 1300

· ' - · - •

649 · -1200

.

482 .

i

~

427

900

+aoo

' -.

;

' · . . ..

-

-~ ~

l

·-

1• •~ -- -- -__;

371 -· 700 --

• ·- -

316 i 600 ...........

-i-

•

':

~

-r·n 1: ,__ Ii~ .-

!

--~

- 1--

I

1

il rl- I- -

I -

,;

1-:---

il1

1 -

If . i

""" t

I

I

-· :

- . i - ...

1 - - ;

-~I

;I

:

:

1

(. 1 l

;~;Jt : L~I ~~ ;i' I-~ =·--.,: ~ ~: ~'. ; -~ ··11; :: ~~~ : . ,. .wf; 1-1.-1 il~~cr rHI ~ 1 ~ !1 ~ -18

0

LJ__

-

-·

-

u.

10

mlns.

10

30 1 h

4 h eh

•1

20

mll'\3

100 1000 Tlme (&1cond1)

IODOO

100000

Copyright 2002 CRS Holdings Inc. All rights reserved.

Case 3:18-cv-04485 Document 1-2 Filed 07/24/18 Page 1 of 1 JS-CANO 44 (Rev. 06117)

CIVIL COVER SHEET

The JS-CANO 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved in its original form by the Judicial Conference of the United States in September 1974, is required for the Clerk of Court to initiate the civil docket sheet. (Sl:'E INS/1WCTIONS ON Nl:'XT PAGE OF 7HIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

iOffer, Inc., a California corporation; and iOffer Corporation, a Nevada corporation

Spyderco, Inc., a Colorado corporation {b) County of Residence of First Listed Plaintiff

County ~f Re~i.denc~ o,f_ ~irst Listed Defendant

Jefferson, Colorado

NOTE:

BASIS OF JURISDICTION

IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

Attorneys

(C) Attorneys (Firm Name. Addre.>.r, and Telephone N11111her) Rodney B. Sorensen, Esq. PAYNE & FEARS LLP (4 15) 398· 7860 One Posl S1reel, Suile 1000, San Francisco, CA 94 I 04

II.

(Place an")(" in One Rox Only)

(If Known)

Ill. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" mOneRoxforPlamtiff (For Diversity Ca.<e.< Only)

U.S. Government Plaintiff

Federal Question (U.S'. Government Not a Party)

U.S. Government Defendant

IV.

NATURE OF SUIT

Cilizen of Another State Citizen or Subject of a Foreign Country

TORTS

120 Manne

310 Airplane

130 Miller Act

315 Airplane Product Liability

140 Negotiable lnstrumenl

320 Assault , Libel & Slander

150 Recovery of Overpayment Of Veteran· s Benefits

330 Federal Employers Liability 345 Marine Product Liability

153 Recovery of Overpayment

350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury -Medical Malpractice

of Veteran· s Benefits 160 Stockholders' Suits 190 Other Contract

CIVIL RIGHTS

195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation

440 Other Civil Rights

367 Health Care/ Pharmaceutical Personal Injury Product Liability

PERSONAL PROPERTY 370 Other Fraud

IJ~fendant)

PTF

DEF

lncorporaled or Principal Place of Business In This Stak Incorporated and Principal Place of Business In Another State Foreign Nation

446 Amer. w/Disabilities-Other

290 All Other Real Propeny

448 Education

LABOR

PRISONER PETITIONS HABEAS CORPUS

375 False Claims Act

423 Withdrawal 28 USC § 157

376 Qui Tam (3 l USC § 3729(a}}

PROPERTY RIGHTS 820 Copyrights

720 Labor/Management Relations

830 Patent

75 I Family and Medical

430 Banks and Banking

IMMIGRATION 462 Naturalization Application

SOCIAL SECURITY

480 Consumer Credit 490 Cable/Sat TV

862 Black Lung (923) 863 DIWCIDIWW (405(g})

850 Securities/Commodities/ Exchange

864 SS ID Title XVI

890 Other Statutory Actions

865 RSI (405(g))

89 I Agricultural Acts

870 Taxes (U .S. Plaintiff or Defendant) 871 IRS-Third Party 26 USC § 7609

530 General

460 Depona1ion

861 HIA ( 1395ff)

FEDERAL TAX SUITS

465 Other Immigration Actions

4 50 Commerce 4 70 Racketeer Influenced & Corrupt Organizations

X 840 Trademark

79 l Employee Retirement Income Security Act

400 State Reapponionment 4 I0 An1i1ms1

835 Patent-Abbreviated New Drug Application

740 Railway Labor Act

OTHER STATUTES

422 Appeal 28 USC § 158

710 Fair Labor Standards Act

385 Propeny Damage Product Liability

510Motions10 Vacate Sentence

245 Ton Product Liability

690 Other

790 Other Labor Litigation

380 Other Personal Property Damage

442 Employment

445 Amer. w/DisabilitiegEmployment

BANKRUPTCY

625 Drug Related Seizure of Propeny 21 USC§ 88 I

Leave Act

37 l Truth in Lending

463 Alien Detainee

240 Tons 10 Land

230 Rent Lease & Ejectment

365 Personal Injury- Product Liability

441 Voting 443 Housing/ Accommodations

220 Foreclosure

FORFEITURE/PENALTY PERSONAL INJURY

368 Asbestos Personal Injury Product Liability

340 Marine

152 Recovery of Defaulted Student Loans (Excludes Veterans)

DEF I

(Place an "X" in One RoxOnlyJ

PERSONAL INJURY

15 l Medicare Act

and One Rox.for

PTF I

Citizen of This State

Diversity (Indicate Citizenship of Partie.1· in Item Ill)

CONTRACT I I 0 Insurance

San Francisco, California

(IN US / /.AIN71FI· C A5!:.~ ONl. Y)

(l:XC '!:PT IN ll.S. Pl.A/NT/FF C'AS!:'S)

535 Death Penalty OTHER

893 Environmental Mauers 895 Freedom oflnforniatrnn Act ~%

Arb11ra11on

899 istrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes

540 Mandamus & Otl1er 550 Civil Rights 555 Prison Condition 560 Civil DetaineeConditions of Confinement

V. X I

VI.

ORIGIN Original Proceedmg

(l'laaan "X " mOneRoxOnly) 2 Removed from State Coun

Remanded from Appellate Coun

CAUSE OF Ci le the U.S. Civil Statute under which you are filing 15 U.S.C. §§ 1114 , 1117, 1125; 35 U.S.C. §IOI, et seq. ACTION

Reinstated or Reopened

Transferred from Another District (.'pecify}

6

Muhid1stric1 Litigation-Transfer

Multidis1ric1 Litigation-Direct File

(D11 not cite iurisdictio11a/ statutes unless diven·itv) :

Brief descrintion of cause:

Trademark Infringement; Patent Infringement; Violation of California Business and Professions Code; among others

VII.

REQUESTED IN COMPLAINT:

CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, Fed. R. Civ. P

VIII. RELATED CASE(S), IF ANY (See instruc//ons): iX.

DEMAND$

JUDGE

CHECK YES only ifdemanded in complaint: JURY DEMAND: X Yes No DOCKET NUMBER

mVI SIONAL ASSIGNMENT (C ivil Local Ruk 3-2} x SAN FRANCISCOiOAKLA; 'D

(Pia~~ an .. xn in One Box Oniyj

DATE 0712412018

SIGNATURE OF ATTORNEY OF RECORD

SA. : OSI:.

EL EKA-MCKINLL YVILLL

Isl Rodney B. Sorensen