Sundesa v. Harrison-Daniels - Complaint

8/10/2019 Sundesa v. Harrison-Daniels - Complaint

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2COMPLAINT FOR PATENT AND TRADEMARK INFRINGEMENT

2. Sundesa alleges Defendant is a corporation organized and existing under the

laws of the State of Delaware with its principal place of business located at 1 Dewolf

Road #205 Old Tappan, New Jersey 07675.

JURISDICTION AND VENUE

3. This is a civil action for patent infringement arising under the patent laws of

the United States 35 U.S.C. §§ 1, et seq., including 35 U.S.C. § 271.

4. This is also a civil action for trademark infringement arising under the

Lanham Act of 1946, as amended, 15 U.S.C. § 114, et seq.

5. This is also a civil action for unfair competition arising under California

Bus. & Prof. Code § 17200, et seq.

6.

This is also a civil action for false marking arising under 35 U.S.C. § 292.

7. This Court has original jurisdiction over the subject matter of this action

pursuant to 28 U.S.C. § 1331, 28 U.S.C. § 1338(a), and 15 U.S.C. § 1121. This Court has

related claim jurisdiction over the state law claims pursuant to 28 U.S.C. § 1338(b) and

28 U.S.C. § 1367.

8. This is also an action in which the matter in controversy exceeds the sum or

value of $75,000.00, exclusive of interest and costs, and is between a citizen of the Stateof Utah and citizens of the State of New Jersey. Accordingly, this Court also has

jurisdiction over the subject matter of this action pursuant to 28 U.S.C. § 1332(a)(1).

9. This Court has personal jurisdiction over Defendant because Defendant has

purposely availed itself of the privileges and benefits of the laws of the State of

California.

10. Sundesa alleges, on information and belief, that Defendant has sold, or

contracted for the sale of goods, within the State of California, to Sundesa’s injury, which

relate to the claims asserted by Sundesa, and out of which Sundesa’s claims, in part,

arise.

11. On information and belief, Defendant does, and has done, substantial

business in this judicial District, including: (i) advertising and selling infringing products,

Case 2:14-cv-08713-ODW-SH Document 1 Filed 11/10/14 Page 2 of 143 Page ID #:8



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including at least counterfeit shaker cups; (ii) regularly doing business, or soliciting

business, by virtue of nationwide sales and offers to sell through Defendant’s interactive

and commercial website, http://harrison-daniels.espwebsite.com (“Defendant’s

Website”), which directs Defendant’s services and products to California residents; and

(iii) engaging in other persistent courses of conduct, and/or deriving substantial revenue

from products and/or services provided to persons in this District and State.

12. This Court’s exercise of personal jurisdiction over Defendant is consistent

with the Constitutions of the United States and the State of California.

13. Venue is proper in this judicial district under at least 28 U.S.C. §§ 1391.

FACTUAL BACKGROUND

14.

Sundesa, the global leader in portable mixing products, manufactures and

sells, inter alia, BlenderBottle and SportMixer shaker cups.

15. Sundesa’s technological innovations are protected by, inter alia, a portfolio

of utility and design patents, including United States Utility Patent No. 6,379,032 (the

“’032 Patent”) a true and correct copy of which is attached hereto as Exhibit A and

incorporated herein by this reference; United States Design Patent No. D510,235 (the

“’235 Design Patent”), a true and correct copy of which is attached hereto as Exhibit Band incorporated herein by this reference; United States Design Patent No. D626,837 (the

“’837 Design Patent”), a true and correct copy of which is attached hereto as Exhibit C

and incorporated herein by this reference; and United States Design Patent Number

D626,838 (the “’838 Design Patent”), a true and correct copy of which is attached hereto

as Exhibit D and incorporated herein by this reference (collectively the “Asserted

Patents”).

16. Sundesa has marked all products embodying the claims of the Asserted

Patents since their introduction to the market.

17. Sundesa is an exclusive licensee of the Asserted Patents and has been

granted all rights thereunder, including the right and standing to enforce the Asserted

Patents.


http://harrison-daniels.espwebsite.com/






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18. Defendant is in the business of selling promotional products. In particular,

Defendant sells and offers for sale, inter alia, counterfeit shaker cups that embody at least

claim 15 of the ’032 Patent and allow users to perform the methods claimed in at least

claim 18 of the ’032 Patent (the “Accused Products”). Attached hereto as Exhibit E is a

true and correct excerpt from Defendant’s Website depicting examples of the Accused

Products.

19. Each of the Accused Products also embody the claimed design of either the

’235 Design Patent, the ’837 Design Patent, or the ’838 Design Patent.

20. Defendant markets, describes, encourages, and instructs its customers to use

the Accused Products to mix ingredients in such a way as to perform the claimed

methods of the ’032 Patent.

21. Use of any of Defendant’s Accused Products infringes the ’032 Patent.

22. The Accused Products have no substantial non-infringing uses.

23. The design of each Accused Products is substantially the same as the design

that is the subject matter of either the ’235 Design Patent, the ’837 Design Patent, or the

’838 Design Patent.

24.

Furthermore, the design of each of the Accused Products is so similar to thedesign that is the subject matter of either the ’235 Design Patent, the ’837 Design Patent,

or the ’838 Design Patent that customers are likely to be deceived and persuaded to buy

the Accused Products thinking they are actually buying products protected by either the

’235 Design Patent, the ’837 Design Patent, or the ’838 Design Patent.

25. On information and belief, Defendant had pre-suit knowledge of the ’032

Patent and the ’235 Design Patent at least because of Sundesa’s marking of its products

embodying the claims of the Asserted Patents.

26. Commensurate with this filing, Sundesa mailed Defendant a courtesy copy

of this Complaint and the Asserted Patents.

27. Accordingly, Defendant has had knowledge of the Asserted Patents at least

since the filing of this Complaint.




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28. Sundesa is also the exclusive licensee of several federally registered

trademarks including: United States Trademark Registration No. 3,515,591 (the “’591

Registration”), a true and correct copy of which is attached hereto as Exhibit F and

incorporated herein by this reference; United States Trademark No. 3,722,198 (the “’198

Registration”) a true and correct copy of which is attached hereto as Exhibit G and

incorporated herein by this reference ; United States Trademark No. 4,098,340 (the “’340

Registration”) a true and correct copy of which is attached hereto as Exhibit H and

incorporated herein by this reference; United States Trademark No. 4,242,830 (the “’830

Registration”) a true and correct copy of which is attached hereto as Exhibit I and

incorporated herein by this reference and United States Trademark Registration No.

3,471,977 (the “’977 Registration”), a true and correct copy of which is attached hereto

as Exhibit J and incorporated herein by this reference (collectively the “Asserted

Trademarks”).

29. Sundesa’s Blender Ball trademark, including the ’591 Registration, is

referred to herein as the Blender Ball Trademark.

30. Sundesa’s Blender Bottle trademark, including the ’977 Registration, is

referred to herein as the Blender Bottle Trademark.31. Sundesa’s SportMixer trademark, including the ’830 Registration, is referred

to herein as the SportMixer Trademark.

32. Sundesa’s Blender Ball Logo trademark depicted below, including the ’340

Registration, is referenced herein as Logo Mark 1:

33. Sundesa’s Blender Ball Logo trademark depicted below, including the ’198

Registration, is referenced herein as Logo Mark 2:




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34. Sundesa has developed recognition and goodwill for the products sold under

the Asserted Trademarks among both Sundesa’s immediate customers and the consuming

public, generally.

35. As a result of, among other things, Sundesa’s substantial investment in the

Asserted Trademarks, and the products marketed under those trademarks, the consuming

public recognizes the Asserted Trademarks, and associates products and features bearing

those marks with a single source, namely Sundesa.

36. Defendant makes, sells, offers for sale, and imports the Accused Products

and uses the Asserted Trademarks to market the Accused Products.

37. Sundesa has not licensed Defendant any rights in or to the Asserted

Trademarks and Defendant does not have any right or authority to use, market, display,

or sell products that depict these trademarks.

38. Defendant’s sale, marketing, and manufacturing of the Accused Products

under the Asserted Trademarks has an effect on interstate commerce.

39. Defendant’s use of marks that are identical to the Asserted Trademarks in

marketing its Accused Products creates confusion as to the source of the Accused

Products, leading customers to believe that they are in fact made, or authorized, bySundesa.

40. Attached hereto as Exhibit E, and incorporated herein by reference, are true

and correct excerpts of Defendant’s Website depicting Defendant’s unauthorized use of

the Asserted Trademarks.

41. Sundesa has suffered cognizable injury as a result of Defendant’s infringing

activities.

42. Sundesa has suffered injury in fact and has lost money or property as a result

of Defendant’s unfair and unlawful business practices in the form of damage to its good

will, lost sales, price erosion, and other actual damages.

43. Defendant marks upon, or affix to, or uses the word patent in connection

with Accused Products that are marketed as containing a patented blender ball wire




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whisk. Attached hereto as Exhibit K is a true and correct excerpt from Defendant’s

Website that demonstrates the claim of patented technology in connection with

Defendant’s Accused Products.

44. Sundesa alleges that Defendant uses the word patent in advertising the

Accused Products for the purpose of deceiving the public and inducing them to believe

that the Accused Products were made, offered for sale, sold, or imported into the United

States by, or with the consent of, the patentee.

45. Sundesa alleges that is has suffered a competitive injury as a result of

Defendant’s use of the word patent in connection with the Accused Products.

FIRST CLAIM FOR RELIEF

(Infringement of the ’032 Patent)

46. By this reference Sundesa realleges and incorporates the foregoing

paragraphs as though fully set forth herein.

47. Defendant has directly infringed and continues to directly infringe the ’032

Patent under 35 U.S.C. § 271(a) by using, selling, offering for sale, and importing the

Accused Product within the United States.

48.

Defendant has had, and continues to have, the specific intent to induce itscustomers, or users of its products, to infringe the ’032 Patent. For example, Defendant

instructs its customers, or users of the Accused Products, to use them to mix ingredients

according to the claimed methods of the ’032 Patent.

49. Defendant’s customers, or users of the Accused Products, do, in fact,

infringe the ’032 Patent.

50. Defendant has known, or should have known, that its customers, or users of

its products, infringe the ’032 Patent.

51. The Accused Products are especially made to be used, and are in fact used,

by customers, or users, of the Accused Products, in a way that infringes the ’032 Patent.

52. The Accused Products have no substantial non-infringing uses.




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53. Defendant has indirectly infringed and continues to indirectly infringe the

Asserted Patents under 35 U.S.C. §§ 271(b) and (c) by actively inducing infringement of,

and contributorily infringing, the ’032 Patent.

54. Despite its knowledge of the ’032 Patent, Defendant has continued to

infringe, and induce others to infringe, the ’032 Patent.

55. The conduct of Defendant, as set forth hereinabove, gives rise to a cause of

action for infringement of the ’032 Patent, pursuant to at least 35 U.S.C. §§ 271 and 281.

56. Defendant has manufactured, used, imported, sold, and offered for sale the

Accused Products despite an objectively high likelihood that its actions constitute

infringement of the ’032 Patent.

57.

Defendant’s manufacture, use, importation, sale, and offer for sale of

Accused Products have been both willful and deliberate.

58. Defendant’s acts of infringement have caused damage to Sundesa.

59. Sundesa is entitled to recover the damages sustained as a result of

Defendant’s wrongful acts in an amount subject to proof at trial.

60. Defendant’s infringement of Sundesa’s rights under the ’032 Patent will

continue to damage Sundesa’s business causing irreparable harm for which there is noadequate remedy at law, unless it is enjoined by this Court.

61. By reason of the foregoing, Sundesa is entitled to monetary relief and

injunctive relief against Defendant, pursuant to 35 U.S.C. §§ 283-85, as more fully set

forth herein below.

SECOND CLAIM FOR RELIEF

(Infringement of the ’235 Design Patent)



63. Defendant has infringed, and continues to infringe the ’235 Design Patent by

making, using, offering to sell, selling, or importing the Accused Products, in this District




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and elsewhere in the United States, the design of which is substantially the same as the

ornamental design of the ’235 Design Patent.

64. Defendant’s actions constitute infringement of the ’235 Design Patent in

violation of 35 U.S.C. § 271.

65. Sundesa has sustained damages and will continue to sustain damages as a

result of Defendant’s aforementioned acts of infringement.

66. Sundesa is entitled to recover damages sustained as a result of Defendant’s

wrongful acts in an amount to be proven at trial.

67. Defendant’s infringement of Sundesa’s rights under the ’235 Design Patent

will continue to damage Sundesa’s business, causing irreparable harm for which there is

no adequate remedy at law, unless Defendant is enjoined by this Court.

68. Defendant has willfully infringed the ’235 Design Patent, entitling Sundesa

to increased damages under 35 U.S.C. § 284 and to attorneys’ fees and costs incurred in

prosecuting this action under 35 U.S.C. § 285.

69. Alternatively, Plaintiff is entitled to recover Defendant’s total profits from

its sale of the Accused Products under 35 U.S.C. § 289.

THIRD CLAIM FOR RELIEF






and elsewhere in the United States, the design of which is substantially the same as the

ornamental design of the ’837 Design Patent.








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FOURTH CLAIM FOR RELIEF






and elsewhere in the United States, the design of which is substantially the same as theornamental design of the ’838 Design Patent.













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FIFTH CLAIM FOR RELIEF

(Federal Trademark Infringement of Blender Ball Trademark)



87. Defendant’s use of the Blender Ball Trademark is likely to cause confusion,

mistake or deception as to the source, origin, affiliation, connection, or association of the

Accused Products with Sundesa, or as to the approval of the Accused Products by

Sundesa, and thus constitutes infringement under Section 32 of the Lanham Act, 15

U.S.C. § 1114.

88. Defendant’s infringement of the Blender Ball Trademark negatively affects

Sundesa’s business in the United States and around the world.

89.

Sundesa alleges, on inf ormation and belief, Defendant’s infringement of theBlender Ball Trademark has taken place with full knowledge of Sundesa’s marks,

including Sundesa’s incontestable marks, and, therefore, has been intentional, deliberate,

and willful.

90. Defendant’s violation of 15 U.S.C. § 1114 has caused Sundesa to suffer

damages and irreparable harm.

91. By reason of the foregoing, Sundesa is entitled to monetary and injunctive

relief pursuant to 15 U.S.C. §§ 1116 – 1118, as more fully set forth hereinbelow.

SIXTH CLAIM FOR RELIEF

(Federal Trademark Infringement of Blender Bottle Trademark)






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93. Defendant’s use of the Blender Bottle Trademark is likely to cause

confusion, mistake or deception as to the source, origin, affiliation, connection, or

association of the Accused Products with Sundesa, or as to the approval of the Accused

Products by Sundesa, and thus constitutes infringement under Section 32 of the Lanham

Act, 15 U.S.C. § 1114.

94. Defendant’s infringement of the Blender Bottle Trademark negatively

affects Sundesa’s business in the United States and around the world.

95. Sundesa alleges, on infor mation and belief, Defendant’s infringement of the

Blender Bottle Trademark has taken place with full knowledge of Sundesa’s marks,

including Sundesa’s incontestable marks, and, therefore, has been intentional, deliberate,

and willful.





SEVENTH CLAIM FOR RELIEF

(Federal Trademark Infringement of SportMixer Trademark)



99. Defendant’s use of the SportMixer Trademark is likely to cause confusion,




U.S.C. § 1114.

100. Defendant’s infringement of the SportMixer Trademark negatively affects





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101. Sundesa alleges, on inf ormation and belief, Defendant’s infringement of the

SportMixer Trademark has taken place with full knowledge of Sundesa’s marks, and,

therefore, has been intentional, deliberate, and willful.





EIGHTH CLAIM FOR RELIEF

(Federal Trademark Infringement of Logo Mark 1 Trademark)



105. Defendant’s use of the Logo Mark 1 trademark is likely to cause confusion,




U.S.C. § 1114.

106.

Defendant’s infringement of the Logo Mark 1 trademark negatively affectsSundesa’s business in the United States and around the world.


Logo Mark 1 trademark has taken place with full knowledge of Sundesa’s marks, and,









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NINTH CLAIM FOR RELIEF

(Federal Trademark Infringement of Logo Mark 2 Trademark)



111. Defendant’s use of the Logo Mark 2 trademark is likely to cause confusion,




U.S.C. § 1114.

112. Defendant’s infringement of the Logo Mark 2 trademark negatively affects



Logo Mark 2 trademark has taken place with full knowledge of Sundesa’s marks, and,




115.

By reason of the foregoing, Sundesa is entitled to monetary and injunctiverelief pursuant to 15 U.S.C. §§ 1116 – 1118, as more fully set forth hereinbelow.

TENTH CLAIM FOR RELIEF

(Federal Trademark Infringement, False Designation, and

Unfair Competition with Respect to the Asserted Trademarks)



117. Defendant’s use of the Asserted Trademarks is likely to cause confusion,

mistake, or deception as to the source, origin, affiliation, connection or association of the


Sundesa, and thus constitutes trademark infringement, false designation of origin, and




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unfair competition with respect to the Asserted Trademarks in violation of Section 43(a)

of the Lanham Act, 15 U.S.C. § 1125(a).

118. Defendant’s actions have taken place with full knowledge of the Asserted

Trademarks and therefore have been intentional, deliberate, and willful.

119. Defendant’s violation of 15 U.S.C. § 1125(a) has caused Sundesa to suffer




ELEVENTH CLAIM FOR RELIEF

(Common Law Trademark Infringement and Unfair Competition)

121.

By this reference Sundesa realleges and incorporates the forgoing


122. Defendant, by its actions set forth hereinabove, has engaged in intentional

business acts or practices that are unlawful, unfair, and/or fraudulent, including the

infringement of the Asserted Trademarks.


mistake, or deception as to the source, origin, affiliation, connection, or association of theAccused Products with Sundesa, or as to the approval of the Accused Products by

Sundesa.

124. By reason of the foregoing, Sundesa has suffered damages and irreparable

harm.

125. By reason of the foregoing, Sundesa is entitled to, at least, damages from

Defendant.

TWELFTH CLAIM FOR RELIEF

(California Unfair Competition Law, Bus & Prof. Code § 17200 et seq.)






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mistake, or deception as to the source, origin, affiliation, connection, or association of the

Accused Products with Sundesa, or as to the approval of Accused Products by Sundesa.

128. Defendant’s use of the Asserted Trademarks constitutes unfair, deceptive, or

misleading practices in violation of California Business and Professions Code § 17200 et

seq.

129. Defendant’s misuse the “®” symbol on Defendant’s Website in conjunction

with the Asserted Trademarks constitutes unfair, deceptive, or misleading practices in

violation of California Business and Professions Code § 17200 et seq.

130. The false and misleading content on Defendant’s Website constitutes unfair,

deceptive, or misleading practices in violation of California Business and Professions

Code § 17200 et seq.

131. Sundesa alleges on information and belief that Defendant has engaged in

deceptive trade practices against Sundesa in willful and deliberate disregard of the rights

of Sundesa and the consuming public.

132. Sundesa has suffered injury in fact and has lost money or property as a result

of Defendant’s unfair and unlawful business practices in the form of damage to its goodwill, lost sales, and other actual damages.

133. Defendant’s acts and conduct have caused and continue to cause Sundesa to

suffer irreparable harm.

THIRTEENTH CLAIM FOR RELIEF

(False Marking Under 35 U.S.C. § 292)

134. By this reference, Sundesa incorporates the foregoing paragraphs as though

fully set forth herein.

135. Defendant makes, uses, sells, offers for sale, or distributes products that

claim to contain a patented blender ball inside.

136. Sundesa alleges that Defendant uses the word patent in its advertising of the

Accused Products for the purpose of deceiving the public.




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137. Sundesa alleges that Defendant does not have a license or assignment to any

patent covering the Accused Products.

138. Sundesa alleges that Defendant marks its products with the intent to deceive

the public for the purpose of falsely establishing itself as an innovator in the shaker cup

industry and to gain an unfair competitive advantage.

139. Defendant is a direct competitor of Sundesa and distributes, markets, and

sells infringing copies of Sundesa’s products in similar channels of distribution.

140. Defendant’s false marking upsets the competitive balance between the

parties as customers are presented with an infringing copy of Sundesa’s product that is

presented by Defendant as a patented product. This false marking improperly influences

customers’ decisions between similar products.

141. Sundesa’s ability to compete fairly in the market is impaired as a result of

Defendant’s false marking.

142. Sundesa invests a substantial amount of money and effort to be recognized

as an innovator and leader in the shaker cup industry. Defendant’s false marking creates

the illusion that it is also an innovator with protected technology.

143.

By reason of the foregoing, Sundesa alleges that it has suffered acompetitive injury as a result of Defendant’s using the word patented in connection with

its marketing of the Accused Products.

PRAYER FOR RELIEF

Sundesa prays for judgment as follows:

A. A judgment finding Defendant liable for infringement of one or more of the

claims of the ’032 Patent;

B. A judgment finding Defendant liable for infringement of the claims of the

’235 Design Patent;

C. A judgment finding Defendant liable for infringement of the claims of the





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D. A judgment finding Defendant liable for infringement of the claims of the


E. An order requiring Defendant to make an accounting for all Accused

Products it made, used, sold, offered for sale, or imported in the United States;

F. Orders of this Court temporarily, preliminarily, and permanently enjoining

Defendant, its agents, servants, and any and all parties acting in concert with any of them,

from directly or indirectly infringing in any manner any of the claims of the Asserted

Patents, pursuant to at least 35 U.S.C. § 283;

G. An award of damages adequate to compensate Sundesa for Defendant’s

infringement of the ’032 Patent, in an amount to be proven at trial;

H.

An award of damages adequate to compensate Sundesa for Defendant’s

infringement of the ’235 Design Patent, in an amount to be proven at trial, or in the

alternative, an award of Defendant’s total profits under 35 U.S.C. § 289;

I. An award of damages adequate to compensate Sundesa for Defendant’s

infringement of the ’837 Design Patent, in an amount to be proven at trial, or in the


J.

An award of damages adequate to com pensate Sundesa for Defendant’sinfringement of the ’838 Design Patent, in an amount to be proven at trial, or in the


K. An award of treble Sundesa’s damages, pursuant to at least 35 U.S.C. § 284;

L. A declaration that this is an exceptional case and that Sundesa be awarded its

attorney fees and expenses, pursuant to at least 35 U.S.C. § 285;

M. An award of Sundesa’s costs in bringing this action, pursuant to all

applicable state statutory and common law, including at least 35 U.S.C. § 284;

N. A judgment finding Defendant liable for infringement of the Blender Ball

Trademark, unfair competition, and unfair, deceptive, or misleading practices in violation

of California Business and Professions Code § 17200 et seq.




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O. A judgment finding Defendant liable for infringement of the Blender Bottle



P. A judgment finding Defendant liable for infringement of the SportMixer



Q. A judgment finding Defendant liable for infringement of the Logo Mark 1

trademark, unfair competition, and unfair, deceptive, or misleading practices in violation


R. A judgment finding Defendant liable for infringement of the Logo Mark 2

trademark, unfair competition, and unfair, deceptive, or misleading practices in violation


S. An order of this Court temporarily, preliminarily, and permanently enjoining

Defendant, its principals, agents, and servants, and any and all persons or entities acting

in concert with any of them from directly or indirectly infringing in any manner

Sundesa’s Asserted Trademarks in connection with products or otherwise, pursuant to at

least Section 34(a) of the Lanham Act, 15 U.S.C. § 1116(a);T. An order of this Court temporarily, preliminarily, and permanently enjoining

Defendant, its principals, agents, and servants, and any and all persons or entities acting

in concert with any of them from directly or indirectly infringing in any manner

Sundesa’s Trademarks in connection with products or otherwise, pursuant to at least

Section 34(a) of the Lanham Act, 15 U.S.C. § 1116(a);

U. An order of this Court temporarily, preliminarily, and permanently enjoining

Defendant, its agents and servants, and any and all parties acting in concert with any of

them from engaging in unfair business practices, pursuant to at least Section 34(a) of the

Lanham Act, 15 U.S.C. § 1116(a), and California Business and Professions Code § 17200

et seq.;




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V. An order of this Court temporarily, preliminarily, and permanently enjoining

Defendant, its agents and servants, and any and all parties acting in concert with any of

them from producing, manufacturing, marketing, advertising, promoting, offering for

sale, selling, or distributing products, including the Defendant’s products marketed in

connection with the Asserted Trademarks, pursuant to at least Section 34(a) of the

Lanham Act, 15 U.S.C. § 1116(a) and California Business and Professions Code § 17200

et seq.;

W. An order of this Court directing Defendant to destroy its entire stock of

Accused Products, together with all labels, signs, prints, packages, wrappers, receptacles,

and advertisements, as well as all plates, molds, matrices, or other means of making the

same pursuant to at least Section 36 of the Lanham Act, 15 U.S.C. § 1118;

X. An order of this Court directing Defendant to make an accounting for the

total number of Accused Products that it used, made, had made, sold, offered for sale, or

imported into the United States.

Y. For damages in an amount to be proven at trial for trademark infringement

under 15 U.S.C. § 1114;

Z.

For damages in an amount to be proven at trial for false designation of originunder 15 U.S.C. § 1125(a);

AA. For damages in an amount to be proven at trial for unfair competition and

trademark infringement under California common law;

BB. For damages in an amount to be proven at trial for false marking under 35

U.S.C. § 292;

CC. An award of Defendant’s profits in an amount to be proven at trial, pursuant

to at least 15 U.S.C. § 1117(a);

DD. An award of three times Defendant’s profits or Sundesa’s damages,

whichever is greater, pursuant to at least Section 35(b) of the Lanham Act, 15 U.S.C. §

1117(b);




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EE. An award of punitive damages, pursuant to all applicable state statutory and

common law;

FF. An award of Sundesa’s costs in bringing this action, pursuant to all

applicable state statutory and common law, including at least 15 U.S.C. § 1117(a);

GG. An award of Sundesa’s attorney fees, pursuant to agreement or all applicable

state statutory and common law, including at least Sections 35(a) and (b) of the Lanham

Act, 15 U.S.C. § 1117(a);

HH. An imposition of constructive trust on, and an order requiring a full

accounting of, the sales made by Defendant as a result of its wrongful or infringing acts

alleged herein;

II.

Prejudgment interest, pursuant to at least Section 35(b) of the Lanham Act,

15 U.S.C. § 1117(b);

JJ. An award of Sundesa’s attorneys’ fees, pursuant to all applicable state

statutory and common law;

KK. Prejudgment interest, pursuant to at least 35 U.S.C. § 284;

LL. Post-judgment interest, pursuant to at least 28 U.S.C. § 1961(a); and

MM.

For such other and further relief as the Court deems just and equitable.DEMAND FOR JURY TRIAL

Sundesa demands trial by jury on all claims and issues so triable.

DATED: November 10, 2014 Taylor J. WrightMASCHOFF BRENNAN

BY: Taylor J. Wright

Attorneys for PlaintiffSundesa, LLC




EXHIBIT A

Exhibit A Page 22




1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

(10) Patent No.: S 6,379,032

B1

(45)

Date of Patent: Apr. 30, 2002

(12)

United States Patent

Sorensen

(54) FLOW-THROUGH AGITATOR

(76) Inventor: Steve Sorensen, 1953 N. 690 East,

Orem, UT (US) 84097

( * ) Notice: his patent issued on a continued pros-

ecution application filed under 37 CFR

1.53(d), and is subject to the twenty year

patent term provisions of 35 U.S.C.

154(a)(2).

Subject to any disclaimer, the term of this

patent is extended or adjusted under 35

U.S.C. 154(b) by 0 days.

(21) Appl. No.: 09/507,124

(22) Filed: eb. 18, 2000

(51) Int. C1.

7

BO1F 13/00

(52) U.S. Cl. 366/130; 366/342

(58) Field of Search

6/342, 343, 336,

36/129, 130, 348, 349, 605, 607, 241; 206/220,

219; 165/DIG. 529, DIG. 530; 261/DIG. 72

4,640,623 A

/1987 Tome11

4,641,974 A

/1987 Church

4,668,442 A /1987 Lang

4,928,857 A

/1990 Ecker

D331,793 S

12/1992 Erwes

5,236,262 A

/1993

spey

5,544,960 A

/1996 ommovigo et al.

5,690,819 A 11/1997

hianh

5,725,500 A /1998 Micheler

5,788,369 A /1998 Tseng

5,829,648 A 1/1998 oeren et al.

336/342

366/342

222/211

366/130

366/130

604/82

366/130

222/321.7

FOREIGN PATENT DOCUMENTS

CA 181 .504 /1997

DE 95 30 267 Cl *

/1995

EP

761 302 Al a

/1997

SU 576191 A /1990 366/342

SU 680290 Al * /1991 366/342

SI I

692634 Al * 11/1991

366/342

* cited by examiner

Primary Examiner—Tony G. Soohoo

(74)

Attorney, Agent,

r Firm—Kirton &

McConkie;

Michael F. Krieger

(56)

eferences Cited

57)

BSTRACT

The present invention relates to apparatus and methods for

improved mixing of powder and liquid mixtures through the

use of flow-through agitator apparatus. The apparatus of

preferred embodiments of the present invention comprises a

wire-frame object with interstitial spaces which allow flow

259/114

f liquids and powders into and out of the interior of the

wire-frame object. Some embodiments further comprise and

interior agitator placed within the wire-frame object which

may be a solid shape or another wire-frame object.

1,060,419

2,198,861

2,258,174

3,290,017

3,429,654

3,758,087

D232,238

3,823,924

3,924,807

4,136,976

U.S. PATENT DOCUMENTS

4/1913 Benjamin

* 4/1940 Chamberlain et al.

*10/1941 Chawner

12/1966 Davies et al.

*

2/1969 Friedrichsen

*

9/1973 Hoon, Jr.

* 7/1974 La Borde

* 7/1974 Hoon, Jr.

*

12/1975 Morgan

* 1/1979 Leffelman 366/336

a

>

23 Claims, 3 Drawing Sheets

4 0

4 4

Exhibit A Page 23




US Paen

Ann

P

30, 2002

Sheet 1 of 3

US 6,379,032 B1

FIG. 1

IG. 2

2 2

3 2

FIG. 3

IG. 4

Exhibit A Page 24




U.S. Patent

4 0

4 4

Apr. 30, 2002

heet 2 of 3 US 6,379,032 B1

F I G . 5

6 2

FIG. 6

Exhibit A Page 25




U.S. Patent pr. 30, 2002 Sheet 3 of 3

S 6,379,032 B1

7 2

FIG. 7

Exhibit A Page 26






US 6,379,032 B1

3

liquid while rotating the container gently. This gentle rotat-

ing action causes the objects to roll or tumble around the

container thereby dispersing the solids in the suspension

without causing air to be entrained in the liquid. This reduces

frothing and the consumption of unnecessary air by the

consumer of the mixture.

In addition, the rotation of the agitator causes a mixing

turbulence or screening effect which aids in mixing. Because

the liquid passes through the rotating agitator, a chopping

action is created which breaks up chunks better than a solid

agitator. The agitator within an agitator embodiment

increases the chopping action. As some of the breaking up

of constituents occurs as the agitator collides with the walls

of the container, the collisions between the agitator within an

agitator embodiment also increase the breaking up action.

The relatively large size of the agitator not only increases

surface area for collisions, but also prevents swallowing of

the agitator when the liquid is consumed. The size of the

agitator or number can be altered to fit the container. Small

containers will necessitate small agitators.

Accordingly, it is an object of some embodiments of the

present invention to provide apparatus and methods for

improved mixing of powders and liquids.

It is another object of some embodiments of the present

invention to provide apparatus and methods for better reduc-

ing and dispersing clumps in mixtures.

BRIEF DESCRIPTION OF TIIE DRAWINGS

In order that the manner in which the above-recited and

other advantages and objects of the invention are obtained,

a more particular description of the invention briefly

described above will be rendered by reference to specific

embodiments thereof which are illustrated in the appended

drawings. Understanding that these drawings depict only

typical embodiments of the invention and are not therefore

to be considered to be limiting of its scope, the invention will

be described and explained with additional specificity and

detail through the use of the accompanying drawings in

which:

FIG. 1 is a perspective view of a spherical, wire-frame

agitator apparatus of the present invention;

FIG. 2 is a perspective view of a spherical, coiled,

wire-frame agitator apparatus of the present invention;

FIG. 3 is a perspective view of an agitator apparatus of the

present invention with a polyhedral, grid-pattern, wire frame

interior agitator;


wire-frame agitator apparatus of the present invention with

an interior coiled spherical agitator;

FIG. 5 is a perspective view of a cylindrical, wire-frame

agitator apparatus of the present invention with interior

agitators in a container;


wire-frame agitator apparatus of the present invention with

a solid interior agitator; and

FIG. 7 is perspective view of a container with an agitator

of the present invention shown in various positions in a

chain of movement.

DETAILED DESCRIPTION OF THE

PREFERRED EMBODIMENTS

The figures listed above arc expressly incorporated as part

of this detailed description.

It will be readily understood that the components of the

present invention, as generally described and illustrated in

4

the figures herein, could be arranged and designed in a wide

variety of different configurations. Thus, the following more

detailed description of the embodiments of the system and

apparatus of the present invention, as represented in FIGS.

5 1 through 7, is not intended to limit the scope of the

invention, as claimed, but it is merely representative of the

presently preferred embodiments of the invention.

The currently preferred embodiments of the present

invention will be best understood by reference to the

10

drawings, wherein like parts are designated by like numerals

throughout.

In reference to FIG. 1, an embodiment of the present

invention is shown wherein an agitator object 2 is formed of

wire-frame elements 4 that are arranged to form a defined

isshape. In this exemplary embodiment the shape is a sphere,

however, nearly any shape that can be formed of wire-frame

elements, narrow rod-like elements or substantially perfo-

rated surfaces will prove adequate.

In the context of this disclosure, the term "wire-frame"

20

shall refer to narrow, solid elements which may be combined

to form a shape having an interior space within. "Wire-

frame" may also refer to a solid surface which has been

substantially perforated such that only slender portions of

the solid surface remain between holes or voids in the

surface.

Between the wire-frame elements 4 are voids or intersti-

tial spaces 6 through which small and fine-grained solids and

liquids may pass. Shapes, such as the spherical shape shown

30

in FIG. 1 may be constructed of wire-frame elements which

represent longitudinal and latitudinal circles or other curves

or lines found on the surface of a particular shape. Wire-

frame elements may be separate elements welded or other-

wise bonded together to form a shape or may be parts of a

35

single structure such as, but not limited to, a single molded

plastic article.

Wire-frame elements may also take the form of a single

coiled wire-like element, as shown in FIG. 2, where a single

wire element 12 is wound in a spiral pattern to form a

40

spherically shaped object 10. Object 10 has voids 14

between successive winds of element 12 through which

solids and liquids may pass. The spiral wind of this embodi-

ment of the present invention works advantageously to allow

substantial elastic deformation of the spherical shape. This

45 deformation causes adjacent portions of the spiral element to

move relative to each other creating a crushing action which

breaks up aggregations of powder which may stick thereto

or become lodged there between. Contact between adjacent

portions of the spiral element 12 and contact with container

so

surfaces also causes standing vibrations of spiral element 12

which dissipate into the surrounding liquid inducing vibra-

tion of the liquid and associated dispersion of particles

therein.

Wire-frame elements may be composed of many

55 materials, however low-corrosion metals and plastics are

preferable because of their elastic deformation characteris-

tics and their resistance to corrosion. Of these materials,

hard plastics and stainless steels are most preferable.

Another embodiment of the present invention, depicted in

60

FIG. 3 employs an interior agitator 24 placed in the interior

space of a primary agitator object 20. In the particular

embodiment shown in FIG. 3, interior agitator 24 is a

wire-frame object similar to primary agitator 20, but smaller

in size. Interior agitator 24 is preferably about half the size

65

of primary agitator 20 to allow significant motion of interior

agitator 24 within primary agitator 20. However, smaller

sizes of interior agitators are also effective and multiple

2

Exhibit A Page 28




US 6,379,032 B1

5

interior agitators may also improve dispersion. Use of an

interior agitator 24 increases contact between wire-frame

elements creating a crushing or grinding action which breaks

up aggregations of powder. This grinding action is especially

helpful in dispersing smaller aggregations of powder that

become immersed in the liquid portion of the mixture.

Grinding action is further enhanced when the interior agi-

tator has protrusions which may enter the interstitial spaces

in the primary agitator. This can be achieved when an

interior agitator 24 takes th=/shape of a dodecahedron or

other polyhedron with protruding pyramidal shapes. Interior

agitators with bumps or other short protrusions may also be

used. This configuration allows interior agitator 24 to pro-

trude into the interstitial spaces in primary agitator 20 and

push powder aggregations out into the mixture.

Interior agitators 32 may also be used in spiral wound

embodiments 30 as shown in FIG. 4 where a spherical spiral

wound primary agitator 30 contains an interior spherical

wound agitator 32. Deformation of the spiral wound primary

agitator 30 around the smaller interior agitator 32 also

increases grinding action and turbulent flow of liquid which

accelerates dispersion of particles throughout the liquid

portion of the mixture. Interior agitators may also be con-

structed of a material with higher density or mass than their

primary agitators to cause an acceleration differential

between the two agitators that induces relative motion and

liquid currents within and around the agitators. This induced

motion and current further accelerates particle dispersion

within the mixture and promotes a homogeneous mixture.

In reference to FIG. 5, a further embodiment of the

present invention comprises a compound agitator 40 with a

substantially cylindrical primary wire-frame agitator 42 hav-

ing a plurality of interior agitators 44. Primary cylindrical

agitator 42 takes the shape of a round cylinder which may

have flat or chamfered ends or may have rounded ends 46,

as shown in FIG. 5, to better contact the comers of a specific

container. Rounded ends 46 may have a specific radius that

matches the radius of rounded comers at the top or bottom

of a container. Interior agitators 44 may be spherical or may

be polyhedral with pyramidal projections to facilitate dis-

persion and prevent fouling of the interstitial spaces of the

primary agitator. Other shapes including spheroids and

irregular shapes may also be effective. The round cross-

sectional shape of primary cylindrical agitator 42 promotes

a rolling motion of primary agitator 42 when the container

is moved in a horizontal circular motion. This causes pri-

mary agitator 42 to roll around the interior surface of the

container thereby crushing large aggregations of powder

while the rolling action induces turbulent currents in the

liquid which promote homogeneous dispersion of particles.

Vibration induced by contact of wire-frame elements 48

with container surfaces 50 and interior agitators 44 and the

establishment of standing vibratory waves in wire-frame

elements 48 further induces dispersion of particles within

the mixture.

Solid interior agitators may also be used in conjunction

with spiral wound primary agitators as depicted in FIG. 6

where a compound agitator 60 comprises a primary spiral

wound agitator 62 with an interior solid spherical agitator 64

placed therein.

The use of an embodiment of the present invention may

be shown in reference to FIG. 7 where a container 70 with

a removable lid 72 is shown with a compound agitator 74

therein. Liquid 76 is placed in container 70 followed by an

amount of powder which initially forms a pile 78 on the top

surface of liquid 76. Because pile 78 has a limited surface

area in contact with liquid 76, dissolution and dispersion of

6

the powder is not immediate. Shaking will cause limited

break up of pile 78, but typically creates clumps and

aggregations 80 which are difficult to disperse. Some pow-

ders may also form bottom-adhered aggregations 82 at the

5 bottom of container 70 or side-adhered aggregations 84 on

the sides of container 70.

Agitator 74 may be moved throughout container 70 by

simple shaking, rotation, circular motions or other oscilla-

tions or random movement. Agitator 74 can be easily

10 directed to a specific location within container 70 by a

combination of tipping and circular movement of container

70 thereby causing centrifugal forces to propel agitator 74 to

a desired location. After a few seconds of practice one can

direct agitator 74 to any location in container 70 where

15 powder may accumulate.

Movement of agitator 74 through pile 78 and aggregations

80, 82 and 84 initially helps to quickly disperse pile 78 and

aggregations 80, 82 and 84 into smaller accumulations or

aggregations 80 which are quickly dispersed throughout

20

liquid 76. Subsequent movement and rotation will cause

agitator 74 to contact and impact aggregations 80 and further

disperse them into basic particles. This is achieved very

efficiently by embodiments of the present invention which

directly impact aggregations 80, pinch and grind aggrega-

25

tions 80 between adjacent wire-frame elements, grind

between agitator 74 and container 70, and disperse through

induced currents formed in liquid 76 from movement of

parts of agitator 74.

Agitator 74 may be activated by shaking whereby agitator

30

74 will be propelled along a random path similar to that

shown in FIG. 7, where agitator 74a begins at a position at

the bottom right side of container 70 after which it is

propelled to the left to position 74b where agitator 74

35

impacts the side wall of container 70 causing elastic defor-

mation of primary agitator 83 upon impact and relative

movement between primary agitator 83 and interior agitator

85. Relative movement between primary and interior agita-

tors creates high velocity turbulence and eddy currents

within primary agitator 83 which break up nearby aggrega-

tions 80 and disperse particles throughout the liquid/powder

mixture. Vibration of agitator elements induced by the

impact also transfer high-frequency energy into liquid 76

helping to disperse particles evenly.

45

fter impact agitator 74 bounces off container 70 and

accelerates toward position 74d where the acceleration fur-

ther induces mixing currents in liquid 76. At position 74d

another impact occurs again breaking up accumulations and

aggregations 80 as with the first impact. Agitator 74 may

so

then bounce to position 74e near the top of container 70

where it may contact any remaining portions of pile 78 and

disperse them into liquid 76.

Circular motions of container 70 can be used to cause

agitator 74 to roll around the interior of container 70 thereby

55

inducing a grinding action on the walls of container 70. This

action helps to disperse side-adhered aggregations 84 that

may be present. Rolling can also induce a steady vibration

of agitator 74 as wire-frame elements 83 contact container

70. These vibrations dissipate into liquid 76 and promote

60

dispersion of particles and erosion of aggregations 80.

In some embodiments of the present invention, lid 72 may

have a drinking orifice therein through which a user may

drink the mixture that has been mixed in container 70. Auser

may drink directly from container 70 through an orifice in lid

65 72 or may use a straw or other device to drink therefrom.

However, in preferred embodiments, an orifice in lid 72 will

be configured so as to retain agitators within container 70

Exhibit A Page 29




US 6,379,032 B1

7

and prevent ingestion of agitators. Typically, this configu-

ration may be achieved through the use of orifices that are

smaller than the agitators used in the containers.

The physical independence of the agitators of the present

invention allows them to access any area or level of the

container where powder may aggregate. Physical indepen-

dence also allows the agitators to be removed for cleaning or

reuse in another container. Agitators may be left in the

container during use or easily removed with a fork or similar

device.

The present invention may be embodied in other specific

forms without departing from its spirit or essential charac-

teristics. The described embodiments are to be considered in

all respects only as illustrated and not restrictive. The scope

of the invention is, therefore, indicated by the appended

claims rather than by the foregoing description. All changes

which come within the meaning and range of equivalency of

the claims are to be embraced within their scope.

I claim:

1.

A physically independent agitator for mixing a com-

position of ingredients, said agitator comprising:

an object insertable within a hand-held, shakeable con-

tainer and composed of a framework having a h low

interior wherein said framework is arranged to provide

voids to allow for flow of liquids, powders, and other

materials into and out of said ho low interior of said

object; and

an interior agitator located wit in said hollow interior.

2. The agitator as set forth in claim 1, wherein said interior

agitator is smaller than said object.


agitator is less than one half the size of said object.


agitator has a higher density than said object .

5.The agitator as set forth in claim 1 wherein said interior

agitator has a solid shape.

6. A physically independent agitator for mixing a com-

position of ingredients in a hand-held, shakeable Container,

the agitator comprising:

an object insertable within an interior of said hand-held,

shakeable container and composed of a framework

having a hollow interior wherein said framework is

arranged o provide voids to allow for flow of liquids,

powders, and various other said compositions of mate-

rials into and out of said hollow interior of aid object;

an interior agitator having a wi re-frame spheroid frame-

work contained within said hollow of said object, aid

interior agitator also physically independent of said

object.

7. The agitator as set forth in claim 6, wherein the shape

of said object promotes a rolling motion of said object

around said interior of said hand-held, shakeable container.


of said object is spherical.


of said object is polyhedral.

10.

The agitator as set forth in claim 6, wherein said

framework of said object forms a spiral coil.

11. The agitator as set forth in claim 6, wherein said

framework of said object and said interior agitator deflects

elastically upon impact thereby promoting break up of

clumps and dispersion of particles therein.

12. The agitator of claim 6, wherein said interior agitator

is an object with a solid surface.


is a solid sphere.

8


is a solid object with protrusions that may project into said

voids during mixing action.

15. A mixer for mixing a composition of ingredients

5

comprising:

a hand-held, shakeable container for holding a liquid/

powder mixture;

a lid removably coupled to said hand-held shakeable

container, wherein said lid serves to allow said mixer to

to

orm a completely enclosed mixing area when said lid

is coupled to said hand-held, shakeable container; and

a physically independent agitator object removably

placed within said hand-held, shakeable container, said

physically independent agitator object being free from

15

ny structural connection to said hand-held, shakeable

container and having narrow rod-like elements defining

a shape with interstitial spaces between said elements

and a hollow interior space within said shape,

wherein liquids, powders, and various other said com-

20

ositions of ingredients may be mixed by flowing

into and out of said hollow interior space of said

physically independent agitator object as said physi-

cally independent agitator is allowed to move freely

to every location within said enclosed mixing area,

25

estricted only by the boundaries making up said

enclosed mixing area.

16.

The mixer as set forth in claim 15, further comprising

an interior agitator located within said hollow interior space

of said physically independent agitator object to provide

30

further mixing capabilities of said mixer.

17.

The mixer as set forth in claim 15, wherein said lid

comprises a hole for dispensing the liquid/powder mixture

and said hole is smaller than said agitator object such that

said agitator object will not pass through said hole.

35

8. A method for mixing a composition of ingredients,

said method comprising:

placing a composition of ingredients into a hand-held,

shakeable container;

placing a physically independent agitator into said hand-

40

eld, shakeable container,

said physically independent agitator object being free

of any structural connection to said hand-held,

shakeable container, said physically independent

agitator comprising an object having a framework

45

ith a plurality of significant voids therein;

securing a removable lid to said hand-held, shakeable

container, wherein said lid serves to allow said hand-

held, shakeable container to form a completely

enclosed mixing area when said lid is coupled to said

so

and-held, shakeable container; and

shaking said container in a manner that propels said

agitator through said composition of ingredients,

wherein said composition of ingredients flows into and

out of said voids thereby mixing said composition of

55

ngredients and forming a substantially homogeneous

mixture as said physically independent agitator is

allowed to move freely to every location within said

enclosed mixing area, restricted only by the boundaries

making up said enclosed mixing area.

60 9. A method for mixing as set forth in claim 18, where

said composition of ingredients is a powder mixed with

another powder.

20.

A method for mixing as set forth in claim 18, where

said composition of ingredients is a liquid mixed with a

65

powder.

21. A method for mixing as set forth in claim 18, where

said ingredient is a liquid and is mixed with a liquid.

Exhibit A Page 30




US 6,379,032 B1

9

22. A physically independent agitator for mixing a com-

position of ingredients in a container, the agitator compris-

ing:

an object composed of a framework having a hollow

interior wherein said framework is arranged to provide

voids to allow for flow of liquids, powders, and various

other said compositions of materials into and out of

said hollow interior of said object; and

an interior agitator comprising a wire-frame spheroid.

23.

A mixing apparatus comprising:

a physically independent agitator object removably and

interchangeably placed within a variety of hand-held,

shakeable containers having an enclosed mixing area

therein, said physically independent agitator object

10

being free of any structural connection to said hand-

held, shakeable container and having a framework

comprising narrow rod-like elements defining a shape

with interstitial spaces between said elements and a

5

ollow interior space within said shape,

wherein liquids, powders, and various other said com-

positions of ingredients may be mixed by flowing

into and out of said hollow interior space of said

physically independent agitator object as said physi-

to

ally independent agitator object is allowed to move

freely within said enclosed mixing area, restricted

only by the boundaries making up said enclosed

mixing area.

Exhibit A Page 31




EXHIBIT B

Exhibit B Page 32




1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 q 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

(12) United States Design Patent (to) Patent No.:

S D510,235 S

Sorensen

(54) BOTTLE

(76) Inventor: Steven M. Sorensen, 1953 N. 690 E.,

Orem, UT (US) 84097

* * )

Term: 4 Years

(45)

Date of Patent: * Oct. 4, 2005

D233,116 S 10/1974

Sw ett et al.

D7/300.1

5,088,614 A 2/1992 Dume stre 220/713

D330,862 S 11/1992

Shibley et al.

D10/46.2

D382,968

S

8/1997 Giles et al. D24/197

D461,420 S 8/2002 Kerman D10/46.2

D497,431

S 10/2004

Bentley D24/197

(21)

Appl. No.: 29/189,695

(22) Filed:

ep. 9, 2003

(51)

LOC (8) Cl.

07-01

(52)

U.S. Cl. D7/510; D7/511; D7/900

(58) Field of Search

D7/300.1, 510,

D7/511, 392.1, 391, 396.2, 900; D10/46.2;

D24/197; D9/500, 547, 503, 504, 515,

523, 525, 530, 537, 449, 444, 556, 559,

502; 215/11.4, 11.1, 257, 6, 321; 220/709,

711, 703, 592.17, 592.16, 713, 568, 254.3,

792, 4.03, 670, 259.1

(56)

eferences Cited


2,752,971 A * 7/1956 Tupper 220/4.03

2,754,866 A * 7/1956 Coltman 220/254.3

3,820,692 A * 6/1974 Swett et al. 222/547

* cited by examiner

Primary Examiner—M. N. Pandozzi

(74) Attorney, Agent, or Firm—Kirton & McConkie;

Michael F. Krieger

(57)

LAIM

The ornamental design for a bottle, as shown and described.

DESCRIPTION

FIG. 1 is a perspective view of the bottle showing the present

design;

FIG. 2 is a left sideview thereof;

FIG. 3 is a front view thereof;

FIG. 4 is a rear view thereof;

FIG. 5 is a right side view thereof;

FIG. 6 is a top plan view thereof; and,

FIG. 7 is a bottom plan view thereof.

1 Claim, 4 Drawing Sheets

USO0D510235S

1 2 ) United States Design Patent 1 0 ) P a t e n t N 0 . : US

D 5 1 0 , 2 3 5

S

Sorensen 4 5 ) Date o f P a t e n t : * * O c t . 4 ,

2005

54) BOTTLE

D233,116 S

* 10/1974 SWett e t

a l . . . . . . . . . . . . .

. .

D7/300.1

5 088 614

2/1992

Dumestre . . . . . . . . . . . . . .. 220/713

( 7 6 ) I n v e n t o r : Steven M.

S o r e n s e n , 1953 N . 690 E . , 1 3 3 3 0 7 8 6 2

5

*

1 1 / 1 9 9 2 S h i b l e y

c t a 1 ~ D 1 0 / 4 6 ~ 2

Orem

UT

Us)

84097

D382,968 S

*

8/1997

Giles et

al. ..

D24/197

,

D461 420S *

8/2002

Kerman . . . . . . . .. D10/46.2

**)

Term: 14 Year s D497,431 S

* 10/2004

B e n t l e y . . . . . . . . . . . . . . . . . . .

.

D24/197

* c i t e d by examiner

2 1 )

A p p l .

N o . :

2 9 / 1 8 9 , 6 9 5

P ri m a r y

Examiner—M. N.

PandoZZi

2 2 ) F l l e d : S e p 9 ’ 2 0 0 3 7 4 ) A t t o r n e y , A g e n t , o r F i r m — K i r t o n M c C o n k i e ;

( 5 1 ) LOC 8 ) c 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

07-01 Mlchael F -

Kneger

( 5 2 ) U S .

C l .

. . . . . . . . . . . . . . . . D7/510; D7/511; D7/900 ( 5 7 )

CLAIM

58) Field

o f Search . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. .

D7/300.1,

510,

1 3 7 / 5 1 1 , 3 9 2 1 , 3 9 1 , 3 9 6 2 , 9 0 0 ; D10/462; The o r n a m e n t a l d e s i g n

f o r a b o t t l e , a s

shown

a n d

d e s c r i b e d .

D 2 4 / 1 9 7 ; D 9 / 5 0 0 , 5 4 7 , 5 0 3 , 5 0 4 , 5 1 5 ,

DESCRIPTION

5 2 3 , 5 2 5 , 5 3 0 , 5 3 7 , 4 4 9 , 4 4 4 , 5 5 6 , 5 5 9 ,

5 0 2 ; 2 1 5 / 1 1 4 , 1 1 1 , 2 5 7 , 6 , 3 2 1 ;

2 2 0 / 7 0 9 , F I G .

1 i s

a

p e r s p e c t i v e v i e W o f t h e b o t t l e s h o w i n g t h e p r e s e n t

7 1 1 , 7 0 3 , 5 9 2 . 1 7 , 5 9 2 . 1 6 ,

7 1 3 , 5 6 8 ,

2 5 4 . 3 ,

d e s i g n ;

7 9 2 ,

4 0 3 ,

6 7 0 ,

2591

F I G .

2

i s

a

l e f t

s i d e v i e W

t h e r e o f ;

F I G .

3

i s

a

f r o n t vieW t h e r e o f ;

( 5 6 ) References

C i t e d F I G . 4 i s

a r e a r vieW t h e r e o f ;

F I G . 5 i s a r i g h t s i d e vieW t h e r e o f ;

U S

PATENT DOCUMENTS F I G . 6 i s a t o p

p l a n

vieW t h e r e o f ; a n d ,

2,752,971 A * 7/1956

Tupper . . . . . . . . . . . . . . . . . . . .

. . 220/403 FIG-

7

1 S a b o tto m Pl an VleW thereof

2,754,866

A 7/1956 Coltman . . . . . .

..

220/2543

3 , 8 2 0 , 6 9 2

A * 6/1974 SWett

e t

a 1 .

. . . . . . . . . . . . . . .

222/547 1 Claim, 4 Drawing Sheets

Exhibit B Page 33




U.S. Patent ct. 4, 2005

heet 1 of 4

S D510,235 S

Fig 1

U.S.

Patent 0 a .

4 , 2 0 0 5

S h e e t 1 o f 4 US

D510,235

S

Exhibit B Page 34





heet 2 of 4

S D510,235 S

Fig 2

ig 3

U.S.

Patent 0 a .

4 , 2 0 0 5

S h e e t 2 o f 4 US

D510,235

S

F i g . 3

Exhibit B Page 35




U.S. Patent ct. 4, 2005 heet 3 of 4

S D510,235 S

Fig. 4

ig. 5

U.S.

Patent

0 a . 4 , 2 0 0 5

S h e e t 3 o f 4

US D510,235

S

Exhibit B Page 36





heet 4 of 4

S D510,235 S

Fig. 6

Fig. 7

U.S.

P a tent

0a.

4

2 0 0 5

S h e e t 4

of4

Exhibit B Page 37




EXHIBIT C

Exhibit C Page 38




111111111111111111111111111111 Illf III11111111111111111111111

(12)

United States Design Patent (10) Patent No.:

S

D626,837 S

Meyers et al.

45)

Date of Patent:

* Nov. 9, 2010

(54)

(75)

(73)

(**)

(21)

(22)

(51)

(52)

(58)

BOTTLE CLOSURE WITH FLIP TOP

Inventors: David 0. Meyers, Kaysville, UT (US);

Steven M. Sorensen, Alpine, UT (US)

Assignee: Runway Blue, LLC, Alpine, UT (US)

Term:

4 Years

Appl. No.: 29/359,956

Filed:

pr. 16, 2010

LOC (9) Cl. 09-07

U.S. Cl.

D9/443

Field of Classification Search

D9/761,

D9/759, 756, 708, 709, 702, 456, 455, 454,

D9/453, 445, 443, 436, 435, 434, 439; 53/412;

248/146; 229/120; 222/109; 220/4.23;

219/439; 215/305; 206/392.6, 392.1, 692;

D7/304, 295, 392.1, 396.2, 608

See application file for complete search history.

D599,664 S * 9/2009 Fujinami et al.

D9/443

D613,110 S * 4/2010 Lane et al. D7/392.1

2007/0175931 Al /2007 Leoncavallo et al.


CN

01139196 0/2008

OTHER PUBLICATIONS

Kor One, http://www.korwater.com/buyONE, accessed Apr. 21,

2010.

(Continued)

Primary Examiner usan Bennett Hattan

(74) Attorney, Agent, or Firm irton & McConkie; Michael

F. Krieger; Adam D. Stevens

(56)

eferences Cited

57)

LAIM


he ornamental design for a bottle closure with flip top, as

shown.

2,272,867 A /1942

2,573,378 A 0/1951

3,022,925 A

/1962

3,168,226 A

/1965

4,805,790 A

/1989

5,065,877 A 1/1991

5,289,930 A

/1994

Cobel

Zurlinden

Daniell

Underwood

Leonetti et al.

Karppinen et al.

Inouye

DESCRIPTION

FIG. 1 is a perspective view of a bottle closure with flip top

incorporating the design of the invention, shown in a closed

D356,499 S /1995

Cautereels et al.

position;

D404,305 S

/1999 De Baschmakoff

6,860,397 B1

/2005

Walters, Jr.

FIG. 2 is a right-side view thereof;

D504,273 S /2005

Ancona


D528,862 S

/2006

D529,339 S

0/2006

Li

Carreno et al.

FIG. 4 is a left-side view thereof;

D543,454 S /2007 Leoncavallo et al.

FIG. 5 is a back view thereof; and,

D547,607 S

/2007 Forsman

FIG. 6 is a top view thereof.

D565,353 S

/2008 Roth et al.

D580,227 S 1/2008

Roth et al.

A bottle closure for closing a bottle and allowing access to the

D586,184 S

/2009 Miller et al.

D7/608

contents thereof using a flip top.

D592,913 S

/2009 Pinelli et al.

D7/608

7,533,783 B2 *

/2009 Choi et al. 220/714


Exhibit C Page 39




US D626,837 S

Page 2

OTHER PUBLICATIONS

Core 7, ttp://www.core77.com/blog/materials/

kor one water vessel actual size 10211.asp, accessed Apr.

21, 2010.

Koyono, http://www.koyono scom/KOR-ONE-Green-Zen-Water-

Hydration-Vessel p/kor-one.htm, accessed Apr. 21, 2010.

Fit Sugar, www.fitsugar.com/2496788, accessed Apr. 21, 2010.

Thermos, http://www.shopthermos.com/detail/TMS+HP4000GR6,

accessed Apr. 21, 2010.

Goodlifter, http://www.goodlifer.com/2009/02/360-paper-water-

bottle , accessed Apr. 21, 2010.

* cited by examiner

Exhibit C Page 40




U.S. Patent

ov. 9, 2010

heet 1 of 6

S D626,837 S

FIG. 1

Exhibit C Page 41




U.S. Patent

ov. 9, 2010

heet 2 of 6

S D626,837 S

FIG 2

Exhibit C Page 42




U .S. Pa tent

ov. 9, 2010

hee t 3 of 6 S D626,837 S

FIG. 3

Exhibit C Page 43




U.S. Patent

ov. 9, 2010

heet 4 of 6

S D626,837 S

FIG 4

Exhibit C Page 44




U.S. Patent ov. 9, 2010 heet 5 of 6 S D626,837 S

FIG. 5

Exhibit C Page 45




U.S. Patent

ov. 9, 2010

heet 6 of 6 S D626,837 S

FIG. 6

Exhibit C Page 46




EXHIBIT D

Exhibit D Page 47




1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I p 6 1

16

1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

(12)

United States Design Patent (10) Patent No.:

S

D626,838 S

Meyers et al.

45)

Date of Patent:

* Nov. 9, 2010

(54) BOTTLE CLOSURE WITH FLIP TOP

(76) Inventors: David 0. Meyers, 294 S. 850 East,

Kaysville, UT (US) 84037; Steven M.

Sorensen, 35 S. Pfeifferhorn Dr., Alpine,

UT (US) 84004

(**) Term:

4 Years

(21)

Appl. No.: 29/359,957

(22)

Filed:

pr. 16, 2010

(51)

LOC (9) Cl. 09-07

(52) U.S. Cl.

D9/443

(58) Field of Classification Search

D9/761,

D9/759, 756, 708, 709, 702, 456, 455, 454,

D9/453, 445, 443, 436, 435, 434, 439; 53/412;

248/146; 229/120; 222/109; 220/4.23;

219/439; 215/305; 206/392.6, 392.1, 692;

D7/304, 295, 392.1, 396.2, 608

See application file for complete search history.

D599,664 S * 9/2009 Fujinami et al.

D9/443

D613,110 S * 4/2010 Lane et al. D7/392.1

2007/0175931 Al

/2007 Leoncavallo et al.


CN 01139196 0/2008

OTHER PUBLICATIONS

KOR One, http://www.korwater.com/buyONE, accessed Apr. 21,

2010.

(Continued)

Primary Examiner

usan Bennett Hattan

(74) Attorney, Agent, or Firm irton & McConkie; Michael

F. Krieger; Adam D. Stevens

(57)

LAIM

(56)

References Cited

The ornamental design for a bottle closure with flip top, as

shown and described.


2,272,867 A /1942

2,573,378 A 0/1951

3,022,925 A

/1962

3,168,226 A

/1965

4,805,790 A

/1989

5,065,877 A 1/1991

Cobel

Zurlinden

Daniell

Underwood

Leonetti et al.

Karppinen et al.

DESCRIPTION

FIG. 1 is a perspective view of a bottle closure with flip top

incorporating the design of the invention, shown in a closed

position;

D342,898 S

/1994 Baschmackoff

FIG. 2 is a right-side view thereof;

5,289,930 A

/1994 Inouye

D356,499 S /1995

Cautereels et al.


6,860,397 B1

/2005

Walters, Jr.

FIG. 4 is a left-side view thereof;

D504,273 S /2005

Ancona

FIG. 5 is a back view thereof; and,

D528,862 S

/2006 Li

D529,339 S

0/2006

Carreno et al.

FIG. 6 is a top view thereof.

D543,454 S /2007 Leoncavallo et al.

The broken lines in the figures represent the contour of the

D547,607 S

/2007 Forsman

bottle closure with flip top.

D565,353 S

/2008 Roth et al.

D580,227 S 1/2008

Roth et al.

A bottle closure for closing a bottle and allowing access to the

D586,184 S

/2009 Miller et al.

D7/608

contents thereof using a flip top.

D592,913 S

/2009 Pinelli et al.

D7/608

7,533,783 B2 *

/2009 Choi et al. 220/714


Exhibit D Page 48




US D626,838 S

Page 2

OTHER PUBLICATIONS

Core 7, ttp://www.core77.com/blog/materials/

kor one water vessel actual size 10211.asp, accessed Apr.

21, 2010.

Koyono, http://www.koyono scom/KOR-ONE-Green-Zen-Water-

Hydration-Vessel p/kor-one.htm, accessed Apr. 21, 2010.

Fit Sugar, www.fitsugar.com/2496788, accessed Apr. 21, 2010.

Thermos, http://www.shopthermos.com/detail/TMS+HP4000GR6,

accessed Apr. 21, 2010.

Goodlifter, http://www.goodlifer.com/2009/02/360-paper-water-

bottle , accessed Apr. 21, 2010.

* cited by examiner

Exhibit D Page 49




U.S. Patent ov. 9, 2010

heet 1 of 6

S D626,838 S

FIG 1

Exhibit D Page 50




FIG 2

0 0000

0 0 000

0

0 000

(

[

00

000

0


heet 2 of 6

S D626,838 S

Exhibit D Page 51




0 0 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0 0 0 0

FIG. 3

U.S. Patent ov. 9, 2010 heet 3 of 6 S D626,838 S

Exhibit D Page 52




0 000

0 000

0 000

FIG 4


heet 4 of 6

S D626,838 S

Exhibit D Page 53




0 0 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0 0 0 0

FIG. 5


heet 5 of 6

S D626,838 S

Exhibit D Page 54





heet 6 of 6

S D626,838 S

FIG 6

Exhibit D Page 55




EXHIBIT E

Exhibit E Page 56




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Shaker Bottle

Shaker bottle. 20 oz. blender

bottle wth wre whsk hall

M P C . 2 0 . 6

$1.60 and up

asi169T07

Shaker Bottle

Shaker Bottle 14 az. blender

bottle wth sta nless steel

MPC.205

$1.50 and up

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20 oz Plastic shalt...

20 oz1600mL blender bottle.

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25 oz Plastic Blender Bottle

asJ39552

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25 oz Pastic Blender Bottle. Pastic shaker bottle wth 25 oz. 70G m marker. 3" product dmension.

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Production Time: 10 working days. Imprint Option: Blank

Quantity 50 100 50

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52.35 2.30 2.24 2.20

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Production Time: 10 working days, Imprint Option:

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Quantity

50 100 500 ,600 2500

List Price 3375 9279

52.70 $2.65 52 59

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days

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100

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5017 1,000

2,500

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50

$335

53.24 53.18 5311 5306

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Rush Service : 2 working days

Quantity 0 100

1,000 2,500

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4.53

$363 $3.51 33.45

33.37

33.32


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20oz blender bottle,BPA freedsh wash er safe.rs an ordnary shaker bottle but wth a blender ball

in side. Gusto mizecl logo available.

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20 oz mter battle. The Blender Battle is an amazing product far on the go drinks and shakes formdawn to dusk

athletic traners, athletes and those lackng far a fit regimen pride themselves on eating healthy, The Blender is a

simple and durable shaker bottle papu la r at the gym, track and in the car. The Blender is a top choice product for

proten, nutri tional and energy suppements and a top patch pro motional product used to advertise the fitness

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28 az. Titter bottle. The Blender Bottle is an amazing product for an the go drinks and shakes form dawn to dusk.

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21 Oz. Shaker bottle wth a free-floating surgical sta in less steel wre ball inside. Stay-open flip cap Extra wde

mouth Blender ball mter inside, The secure screwlid top ensures no splls whlst the wde spout and 'flip cap offer

an easy to use, easy to clean.dsh wash er safe light weght and portable Fits in most drink holders Mbc,pour,store all

in the same contaner Big ca pacfy, easy-grip design, it the most ergonomcally designed drinkng bottle on the market;

functional and stylish

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2.311

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Information. data a ndlor screens (the "Material) fromth s site may not be coped, duplicated, saved, archved, or



WELCOME ewsletter

Lookng for promotional products? Youve come to the ubmt your e-mal address to get the latest deals and promos.

right site Whether you are lookng for a specfic itemor


source.

O ffice Locat ion

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Od Tappan, NU 07675-7080

Phone: (201)784-7000

[email protected]

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Office Location

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ffirl Tappan, NJ 07675-7930

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Exhibit E Page 65




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14 oz Mini Mix Shaker Bottle

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This is 14 oz shaker bottle with blender ball wire whisk. Custom logo on body and different colored lids are

available. This promotional shaker bottle is a perfect product to giveaway and gift.

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captured by any means except that the Material may be used as part of normal browser caching and print ing

perfumed in the course o f using the si te for i ts intended purpose.

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14 oz. shaker bottle wth sta nless steel ball. It is great to mtx up proten powders. We have stock lids color: red,

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Lookng far promotional products? Youve come to the

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just browsing for ideas,

our sites your

one

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scarce.

Office Location

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Od Tappan,

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Blender Bottle

K3058

Blender bottle, 20 oz., BPA free, dishwasher safe. It 's an ordinary sha ker bottle but with a blender ball inside.

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Looking for promotional products? You've

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All prices and descriptions are subject to cha nge without notice. If the price listed is different from the actual price,

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Al prices and descriptions are subect to change wthou notice. If the price listed s d fferent fromthe actua price,

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P R O M O T I O NA L P R O D U C T S S IN C E

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Blender bottle

asLd9707

MPCA03

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14 oz blender bottle wth stanless steel ball. Great for mbring up proten powders. 1.1tOn g. pouring and storing all in

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Al prices and descriptions are subect to change wthout notice. If the price listed is dfferent frame the actual price.

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W E L C O M E

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Lookng for promotional products? Youve come to

the

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right site Whether you are lookng fora specific tern

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just browsing for ideas, our site

is

your one-stop

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1 Dewolf Rd


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Rd

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None: (201)734-7000

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-Ntal'ohanisonidhanison-daniels corn

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Customze logo 14oz mni shaker bottle/blender bottle

LPT23

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The 14 oz beverage blendng bottle wth the wre ball mser. Customlogo on body and dfferent colored lids are

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Protein Shaker Blender Bottle 26 oz

as.U40 P11

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Ths effective, unique BPA-free 26 oz. shaker bottle is perfect far mxing up your proten powder, mxed drink,

eggs, sauces, dressings, batter and morel Inside the bottle is a stanless steel wre whsk ball that mnes the

contents into a smooth blend everytime. The large imprint area is the perfect promotional tool that wll d splay your

logo or message. You can me, pour and store all in th s handy contaner'

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Protein Shaker Blender Bottle 16 oz

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contents into a smooth blend ever/time. The large imprint area is the perfect promotional tool that will display your

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20az blender bottle, EPA free, dshwasher safe. It's an ordnary shaker bottle but wth a blender ball inside.

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Blender Bottle Shaker Made of PP Plastic

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ind cated an side (100-600 ML} (4-20 on ces). Indvidual bag. Sze: 11"x Y d am. Weght: 0.264 pounds.

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Blender Bottle 28 oz. SportMixer (TM)

Tradaname: SportMi<er (71.1)

asir14330

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Blender bottle, Sport Mincer (111}. Perfect for water, flavored drink mutes, Electrolytes, supplement dikes, energy

drinks and proten powders. Meal repacements, nutritional suppements, smoothes, shakes and fiber powders and

more Convenient sport loop for easy carrying. Large drinkng sport, rubberized oyerma dng for a no-slip grip. BP

free-Eastman Trttan. Patented blender ball inside, surgical grade stainless steel.

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mare Convenient sport loop for easy carrying, Large drink ng sport, rubberized overmoldng for a no-slip grip. BP

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right sitd 'Whether you are knokng fora specfic Remor

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26oz blender bottle/shaker bottle wth stanless steel ball. Great far inkng up proten powders. hkng, pouring, and

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Shaker Cup

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14 oz shaker cup wth stanless steel ball. Great for meng up proten powders. Mtqng, pouring and storing all in :-

same container. 3 3 4"x 2 3 4"x 6 11‘16"

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20 DZ. shaker bottle that is great to mt proten powder. Avalable lids colors: red, blue, green, black, purpe, p nk.

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14 DZ shaker battle that is great to mk proten powder. Avalable lids colors: red, blue, green, black, purpe, pnk.

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Old Tappan, NJ

07675-7530

Phone: (201) 734-700)

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14 oz Plastic shaker bottle with stainless steel wire ball

K3262

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Al prices and descriptions are subect to change vdthout notice. If the price listed is dfferent fromthe actual price.


orders contan products w th dfferent currences. Total price is for merchandse only. Prices may he exclusive of

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14oz Shaker bottle

as4+69707

MPCM11

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I V I P C h 1 1 1

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W E L C O M E

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MOM

Office Location

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4.27 $4.19 $4.10 32.94

Phone:910)784-7000 -Mail:gheirsorthm.n-dortiels.corn

item-Cart

H . • ISDD r -DANIELS

PROMOTIONAL

PRODUCTS SINCE 1993

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20oz Shaker Bottle

asiffiP7i7,7

MPCXE19

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20az Blender battle wth stanless steel ball. Great for mring up proten powders. Miring, pouring and storing all in

the same contaner. Customlogo on body and dfferent colored Ids are avalable. Dmensions: 3.75' L x 2.75" W x

8.65-H

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Exhibit E Page 92




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20oz Shaker bottle

esti -

07f..7

MPCH26

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20 oz shaker bottleblender battle wth stanless steel ball. Great for inkng up proten powders. Id kn g, pcuries and

storing all in the same contaner. Customlogo an body and dfferent color lids are avalable.

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14oz Shaker Bottle

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MPCX1O

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hiking,

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14oz Shaker Bottle

as 697x7

MPCX11:1

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14az Blender bottle wth stanless steel ball. Great for inkng up proten powders. MMng, pouring and storing all in

the same conta ner. Customlogo on body and dfferent colored lids are avalable. Dmensions: 3.75" L x 2.75-W x

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20 oz Plastic shaker bottle

.775652

K3263

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29 .16.99mL blender bottle, alternate name shaker bottle wth wre whsk ball inside. It is great for rritin g up any

proten powders. Muting, pouring, storing all in the same contaner. Customlogo on body and color of lid are both

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MPCZDS

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Mbong,

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x 2.75" x 8.625".

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Shaker Bottle. 14 DZ. blender bottle with stainless steel ball. Great for meting up protein powders. Mtting, pouring

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Case 2:14-cv-08713-ODW-SH Document 1-1 Filed 11/10/14 Page 1 of 26 Page ID #:150




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Tradename: Spor[Mter ON)

asi.64330

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Blender bottle, Sport Mbcer (TM). Perfect for water, flavored drink mbces, Electrolytes, supplement mxes, energy

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Exhibit E Page 149




EXHIBIT F

Exhibit F Page 150




Int. Cl.: 21

Prior U.S. Cls.: 2, 13, 23, 29, 30, 33, 40 and 50

Reg. No. 3,515,591

United States Patent and Trademark Office

Registered O ct. 14, 2008

TRADEMARK

PRINCIPAL REGISTER

Blender Ball

RUNWAY BLUE, LLC (UTAH LIMITED LIABI-

LITY COMPANY)

1953 NORTH 960 EAST

OREM, UT 84097

FOR: WHISKS, NAMELY, AGITATORS FOR MIX-

ING AND BLENDING FOOD AND DRINKS, IN

CLASS 21 (U.S. CLS. 2, 13, 23, 29, 30, 33, 40 AND 50).

FIRST USE 9-5-2000: IN COMMERCE 9-5-2000.

THE MARK CONSISTS OF STANDARD CHAR-

ACTERS WITHOUT CLAIM TO ANY PARTICULAR

FONT, STYLE, SIZE, OR COLOR.

OWNER OF U.S. REG. NO. 2,641,235.

NO CLAIM IS MADE TO THE EXCLUSIVE

RIGHT TO USE ''BALL", APART FROM THE MARK

AS SHOWN.

SEC. 2(F).

SER. NO. 77-414,337, FILED 3-5-2008.

KIM MONINGHOFF, EXAMINING ATTORNEY

Exhibit F Page 151






tate of

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m

Q initeb *tato Pa tent tub Tra benu ta Office

RUNWAY BLUE, LLC (UTAH LIMITED LIABILITY COMPANY)

1953 NORTH 960 EAST

OREM, UT 84097

FOR: WHISKS, NAMELY,AGITATORS F OR MIXINGAND BLENDING FOOD AND DRINKS;

CONTAINERS, NAMELY, BOTTLES WITH INTERNAL AGITATORS FOR MIXING INGREDI-

ENTS ANI) SHAKER CUPS, THE: AFORESAID CONTAINERS SOLD EMPTY, IN CLASS 21

(U.S. CLS. 2, 13, 23, 29, 30, 33, 40 AND 50).

FIRST USE 9-5-2000; IN COMMERCE 9-5-2000.

THE MARK CONSISTS OF A SPIRAL TYPE BALL.

SER. NO. 77-738,497, FILED 5-15-2009.

ELI HELLMAN, EXAMINING ATTORNEY

Reg. No. 3,722,198

Registered Dec. 8, 2009

Int. Cl.: 21

TRADEMARK

PRINCIPAL REGISTER

Director ofthe United States Potent and Urodein rk Office

Exhibit G Page 153




EXHIBIT H

Exhibit H Page 154




tate of

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m


Reg. No. 4,098,340

UNWAY BLUE, LLC (UTAH LIMITED LIABILITY COMPANY)

35 SOUTH PFEIFFERHORN DRIVE

Registered Feb. 14, 2012

ALPINE, ITT 84004

Int. Cl.: 21

OR: CONTAINERS FOR HOUSEHOLD OR KITCHEN USE, WITH SAID CONTAINERS

BEING FOR USE WITH BEVERAGES, LIQUID FOODS, AND POWDERED FOODS; CON-

TAINERS, NAMELY, BOTTLES WITH NON-ELECTRIC INTERNAL AGITATORS FOR

TRADEMARK

IXING INGREDIENTS, WI TI I TT IE AFOREMENTIO NED BEING FOR BEVERAGES, LIQUID

FOODS, AND POWDERED FOODS AND ALL BEING SOLD EMPTY, IN CLASS 21 (U.S.

PRINCIPAL REGISTER LS. 2,13,23, 29, 30, 33, 40 ANT) 50).



THE MARK CONSISTS OF A SPIRAL TYPE BALL.

SER. NO. 85-305,315, FILED 4-26-2011.

KEVIN CORWIN, EXAMINING ATTORNEY

Director of the United Stales Patent and Trademark Office

Exhibit H Page 155




RE QU I RE ME NT S T O MA I NT A IN YOU R F E DE RA L

T RA DE MA RK RE GIS T RA T I ON

WARNING: YOUR REGISTRAT ION WILL BE CANCELLED IF YOU DO NOT FILE THE

DOC U ME NT S B E L OW DU RI NG T HE S P E C I F IE D T I ME P E RI ODS .

Requiremen ts in the First Ten Years*

What and When to Fi le :

First Filing Deadline:

You mus t file a De claration of Use (or Excusable Nonuse ) betwee n the

5th and 6th years after the registration date.

See

15 U.S.C. §§1058, 1141k. If the declaration is

accepted, the registration w ill continue in force for the remainder of the ten-year period, calculated

from the registration date. unless cance lled by an order of the Comm issioner for Tradem arks or a

fede ral court.

Second Filing Deadline:

You mu st file a Declaration of Use (or Excu sable Nonuse)

and

an

Application for Renewal betw een the 9th and I O th years after the registration date.*

See

15 U.S.C. §1059.

Requirements in Successive Ten-Year Periods*

What and W hen to File:

You mus t file a Declaration of U se (or Excusable N onuse)

and

an Application for Renewal betw een

every 9th and 10th-year period, calculated from the registration date.*

Grace Period Fil ings*

The above doc uments w ill be acce pted as timely if filed w ithin six months after the deadlines listed above

with the payme nt of an additional fee.

The United States Patent and Trademark Off ice USPT O) wi l l NOT sen d you any future not ice or

remin der of these f i l ing requirements.

*ATTENTION MADRID PROTOCOL REGISTRANTS:

The hold er of an international registration with

an extension of protection to the United States u nder the M adrid Protocol must timely file the De clarations

of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time periods for filing are

based on the U.S. re gistration date (not the international registration date). The de adlines and grace periods

for the Dec larations of Use (or Exc usable N onuse ) arc identical to those for nationally issue d registrations.

See

15 U. S.C. §§1058. 1141k. H owe ver, owners of international registrations do not file renew al applications

at the USPTO. Instead, the holder must file a renewal of the underlying international registration at the

International Bureau of the W orld Intellectual Properly O rganization, under A rticle 7 of the M adrid Protocol,

before the expiration of each ten-year term of protection, calculated from the date of the international

registration. See

15 U .S.C. §1141j. For more information and renew al forms for the international registration,

see http://www .wipo.int/madrid/en/.

NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the

US PTO website for further information. With the exception of renewal applications for registered

extensions of protection, you can f i le the registration maintenan ce documen ts referenced above online

at http://www.uspto.gov

.

Page: 2 / RN # 4,098,340

Exhibit H Page 156




EXHIBIT I

Exhibit I Page 157




raint

tb

;;•)tate5 of

z i f

i n


Sportmixer

Reg. No. 4,242,830

UNWAY BLUE, LLC (UTAII LIMITED LIABILITY COMPANY)

35 SOUTH PFEIFFERHORN DRIVE

Registered Nov. 13, 2012

ALPINE, ITT 840041555

Int. Cl.: 21

TRADEMARK

PRINCIPAL REGISTER

0 0 : 0 74

Drector of the United States Patent and Trademark Office

FOR: CONTAINERS, NAMELY, BOTTLES WITH INTERNAL AGITATORS FOR MIXING

INGREDIENTS AND SHAKER CUPS, WITH THE AFOREMENTION ED CONTAINERS BEING

SOLD EMPTY, IN CLASS 21 (U.S. CLS. 2, 13, 23, 29, 30, 33, 40 AND 50).


THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-

TICULAR FONT, STYLE, SIZE, OR COLOR.

SN 85-303,987, FILED 4-25-2011.

KEVIN CORW IN, EXAMINING Al 'FORNEY

Exhibit I Page 158




REQUIREMENTS TO MAINTAIN YOUR FEDERAL

TRADEMARK REGISTRATION

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE

DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.

Requirements in the First Ten Years*

What and When to File:

First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the

5th and 6th years after the registration date. See

15 U.S.C. §§1058, 1141k. If the declaration is

accepted, the registration will continue in force for the remainder of the ten-year period, calculated

from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a

federal court.

Second Filing Deadline:

You must file a Declaration of Use (or Excusable Nonuse) and an

Application for Renewal between the 9th and 1 Oth years after the registration date.*

See 15 U.S.C. §1059.

Requirements in Successive Ten-Year Periods*

What and When to File:

You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between

every 9th and 10th-year period, calculated from the registration date.*

Grace Period Filings*

The above documents will be accepted as timely if filed within six months after the deadlines listed above

with the payment of an additional fee.

The United States Patent and Trademark Office (USPTO) will NOT send you any future notice or

reminder of these filing requirements.

*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration witl

an extension of protection to the United States under the Madrid Protocol must timely file the Declarations

of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time periods for filing are

based on the U.S. registration date (not the international registration date). The deadlines and grace periods

for the Declarations of Usc (or Excusable Nonusc) arc identical to those for nationally issued registrations.

See

15 U.S.C. §§1058, 1141k. However, owners of international registrations do not file renewal applications

at the USPTO. Instead, the holder must file a renewal of the underlying international registration at the

International Bureau of the World Intellectual Property Organization, under .A rticle 7 of the Madrid Protocol,

before the expiration of each ten-year term of protection, calculated from the date of the international

registration.

See

15 U.S.C. §1141j. For more information and renewal forms for the international registration,

see http://www.wipo.intimadridieni

.

NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the

USPTO website for further information. With the exception of renewal applications for registered

extensions of protection, you can file the registration maintenance documents referenced above online

at

http://www.uspto.gov.

Page: 2 / RN # 4,242,830

Exhibit I Page 159




EXHIBIT J

Exhibit J Page 160




Int. Cl.: 21

Prior U.S. Cls.: 2, 13, 23, 29, 30, 33, 40 and 50

Reg. No. 3,471,977

United States Patent and Trademark Office

egistered July 22, 2008

TRADEMARK

PRINCIPAL REGISTER

Blender Bottle

RUNWAY BLUE, LLC (UTAH LTD LIAB CO)

1953 NORTH 690 EAST

OREM, UT 84097

FOR: CONTAINERS, NAMELY, BOTTLES WITH

INTERNAL AGITATORS FOR MIXING INGREDI-

ENTS AND SHAKER CUPS, IN CLASS 21 (U.S. CLS.

2, 13, 23, 29, 30, 33, 40 AND 50).

FIRST USE 9-5-2000: IN COMMERCE 9-5-2000.

THE MARK CONSISTS OF STANDARD CHAR-

ACTERS WITHOUT CLAIM TO ANY PARTICULAR

FONT, STYLE, SIZE, OR COLOR.


NO CLAIM IS MADE TO THE EXCLUSIVE

RIGHT TO USE "BOTTLE", APART FROM THE

MARK AS SHOWN.

SEC. 2(F).

SER. NO. 77-356,247, FILED 12-19-2007.

KELLY BOULTON, EXAMINING ATTORNEY

Exhibit J Page 161




EXHIBIT K

Exhibit K Page 162




Q u a n t i t y

List Price

Create

a

Virtual Sample

Office Location

1

Dewolf Rd

Old Tappan, NJ P7675-TbSP

Phone: (2Er1 )711.4-TDDII

E-Ma l [email protected]

WELCOME

ewsletter

Lookng for promotional products7Youve comets the ubmt your e-mal address to gentle latest deals and promos.

night Mel Whether you

are lookng fore specfic itemor

Just browsing tor ideas,our

site is your one

-stop

source.

Min

H

1 1 -50 -D A N I B L S

P R O M O T I O NA L P R O D U C T S S I NC E 1 9 9 3

Son

In I Create Account Home Product Search About Us Contact Us Mare



Tradename: SportMixer {TM)

asi/34330

Share El E l EM I C I

Blender bottle, Sport Mixer (TM). Perrectfor water. flavored drink mxes, Electrolytes, suppement mxes, energy

drinks and proten powders. Meal replacements, nutritional supplements, smoothes, shakes and fiber powders

and morel Convenient drink ng sport, rubberized overmoldng for a no-slip grip.

BPfiee-Eastman Tri n. Patented blender ball inside, sur ical grade sta nless steel.

Request Info

More fromth s line

A

Pricing

Download Image il E-mal ths Image

$12.88

Add

to

Shopping Cart


we wll notify you before processing your order. Prices wll be calculated using end of day exchange rates if orders

contan products wth dfferent currences. Total price is for merchandse only. Prices may be exclusive of any setup

charges, an changes, sh ppng charges, state 1 provincal requred taxes, rush charges or any other addtional

charges, whch wll be communicated prior to processing the order.

Information, data andlor screens (the "Materianfromth s site may not be coped

duplicated, saved, archved

or

captured by any means exceptthatthe Material may be used as part of normal browser cachng and printing


Search all Products

V Product Detail

V Imprint


'Ca pr. ,,1

ap Data Terms of Use

www.Harrison-Daniels.com Screen Shots November 6, 2014

Exhibit K Page 163




Search all Products

Sign In I

Create Amami Kane Product Search About UsContact UslAcce

Blender Bottle 20 oz. Spar-Mixer (TM)

Tradename: SporbMixer (TM)

asif34330

Share

List Price $10.62 10.40

C r e a t e a

Vir tua l Sample

Submit

WELCOME] ewsletter

Lookng for promotonal products? Youve come to the ubmt your e-mal address to getlhe latest deals and promos.

night site" Whether you are lookng for a specfic itemor


source.

Ce Product Detail

V Imprint


H BO DANIELS


Previous Product I Back to Results

Blender bottle, Sport Mixer (TM). Perfectfor water, flavored drink mxes, Electrolytes, supplement mxes, energy

drinks and proten powders. Meal replacements, nutritional supplements, smoothes, shakes and fiber powders

and moreiConvenients drinkng sport, rubberized overmoldng for a no-slip grip.

BP free-Eastrnan Tri n. Patented blender ball inside, su ical grade stainless steel.

Request Info

Moreton" this line

Download Image -mal ths Image

A Pricing


All prices and descriptions are sub ect to change wthout notice. If the price listed is d fferentfromthe actual price,

we wll notify you before processing your order. Prices wll be calculated using end of day exchange rates larders

contan products wth dfferent currencies. Total price is for merchand se only. Prices may be exclusive Many setup

charges, art changes, shppng charges, state /provincial requred taxes, rush charges or any other addtional

charges, whch wll be communicated prior to processing the order.

Information, data and/or screens (the "Matenal")trom ths site may not be coped, duplicated, saved, archved, or

captured by any means exceptthatthe Material may be used as part of normal browser cachng and printing


'can,

o1

ap Den Terms of Lre

Office Location

1 Dewolf Rd

Od Tappan, NJ 07675-7080

Phone: 21)117114-7000

E-Mall:gharnsongharnson-dantes.c.txn

Phone 12011 781 -7000 -Magharris [email protected] ore

item-Carl

www.Harrison-Daniels.com Screen Shots November 6, 2014

Exhibit K Page 164




Date:

CLERK OF COURT

Signotu

of Clerk or De

I WAGERS

OPPA/

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

Central District of California LI

Sundesa, LLC, a Utah Limited Liability Company,

Plaintiffs)

V.

ivil Action No.

C V 1 4 -0 8 7 1 3 P A (S H x )

Harrison-Daniels, Inc., a Delaware Corporation,

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant's name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.

P. 12 (a)(2) or (3) -- you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of

the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,

whose name and address are: Taylor J. Wright

Maschoff Brennan

20 Pacifica, Suite 1130

Irvine, California 92618

(949) 202-1900

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.

You also must file your answer or motion. with the court.




AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for

(name of individual and title, if any)

was received by me on (date)

C7 I personally served the summons on the individual at

(place)

on (date) or

CI I left the summons at the individual's residence or usual place of abode with

(name)

, a person of suitable age and discretion who resides there,

on

date)

and mailed a copy to the individual's last known address; or

CI I served the summons on

(name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)

on

(date)

CI I

returned the summons unexecuted because

or

CI Other specift):

My fees are $ or travel and $

or services, for a total of $

.00

; or

I declare under penalty of perjury that this information is true.

Date:

Server's signature

Printed name and title

Server's address

Additional information regarding attempted service, etc:




Incorporated or Principal Place

of Business in this State

Incorporated and Principal Place

of Business in Another State

Foreign Nation

PTF DEF

Ej 4

4

E 5 El 5

n

6 [i] 6

FOR

U N I TE D STATE S D I STRIC T C O U RT, C E N TRAL D I STRI C T OF C ALI F ORN I A

CIVIL CO VER SHEET

I.

(a) PLAINTIFFS (

Check box if you are representing yourself

Sundesa, LLC, a Utah Limited Liabilty Company

DEFENDANTS

Check box if you are representing yourself

Harrison-Daniels, Inc., a Delaware C orporation

(b)

County of Residence of First Listed Plaintiff Utah County, Utah

(EXCEPT IN U.S. PLAINTIFF CASES)

County of Residence of First Listed Defendant

(IN U.S. PLAINTIFF CASES ONLY)

(c)Attorneys

Firm Name, Address and Telephone Number)

If you are

representing yourself, provide the same information.

Taylor J. Wright

20 P acifica, Suite 1130

Irvine, California (949) 202-1900

Attorneys Firm Name, Address and Telephone Number)

If you are

representing yourself, provide the same information.

III. CITIZENSHIP OF

(Place an X in one

Citizen of This State

Citizen of Another State

Citizen or Subject of a

Foreign Country

P R IN C I P A L P A R T I E S -F or Dversity Cases Only

box for plaintiff and one for defendant)

PTF DEF

1 Ll 1

2

2

111 3 111 3

II. BASIS OF JURISDICTION

(Place an X in one box only.)

1. U.S. Government

. Federal Question (U.S.

Plaintiff overnment Not a Party)

2. U.S. Government

I4. Diversity (IndicateCitizenship

Defendant

f Parties in Item

III)

IV.

ORIGIN

(Place an X in one box only.)

El

1. Original

. Removed from

1

3. Remanded from

Proceeding

tate Court ppel late Court

4. Reinstated or

E

5. Transferred from Another

. Multi-

District

Reopened

istrict (Specify)

- - - 1 Litigation

V.

R E Q U E S T E D IN C O M P L A I NT : JU R Y D E M A N D :

es

o (Check "Yes" only if demanded in complaint.)

C L A S S A C T I O N u n d e r F. R .C v . P . 2 3 :

Li

Yes o

1] MONEY DEMANDED IN COMPLAINT: $

TBD at Trial

VI. C A U S E O F A C T IO N (Cite the U.S.

Civil Statute under which you are fil ing and w rite a brief statement of cause. D o not cite jurisdictional statutes unless diversity.)

35 U.S.C . Section 271 & 3 5 U.S.C . Section 284 - Patent Infringement; and 15 U.S.C. S ectioni 114, et seq - Trademark Infringement

VII.

N A T U R E O F S U I T (Place an X

in one box only).

[0

9TkigR S T A T U T E S

. C O N T R A C T

-

R E A L P R O P E R T Y C O N T . . :

I M M I G R A T I O N

P R I S O N E R P E T I T IO N S

P R O P E R T Y R I GH TS

II

110 Insurance

.40 Torts to Land

Habeas C orpus:

375 False Claims Act

m462 Naturalization

00

pplication

820 Copyrights

m

400 State

1.

120 Marine

m 45 Tort Product

Liability

IIII

463 Al ien Detainee

El

830 P atent

m Reapportionment

m

465 Other

m510 Motions to Vacate

.

840 Trademark

IM

10 Antitrust

M

130 Mil ler Act

im 40 Negotiable

Instrument

In

90 All Other Real

Property

m

mmigration Actions

m

Sentence

530 G eneral

III

535 De ath Penalty

430 Banks arid Banking

-

O R T S

P E R S O N A L P R O P E R T Y

S O C I A L S E C U R I T Y

T O R T S

P E R S O N A L I NJ U R Y -

III861 HIA (1395f0

..

450 Commerce/ICC

150 R ecovery of

.Overpayment &

°

ates/Etc.

.

370 Other Fraud

Other:.:

62 Black Lung (923)

II

10 Airplane

MI

460 Deportation

Enforcement of

Judgment

,---,

15 Airplane

l—

roduct Liability

320 A ssault, Libel &

III 71 Truth in Lending

II

540 Mandamus/Other MI

863 DIWC /DIWW (405 (g))

470 Racketeer Influ-

m380 Other Personal

M550 C ivil Rights

I.

864 SSID Title XVI

m

enced & Corrupt Org.

M

151 Medicare Act

10

Property Damage

152 Recovery of

M

Defaulted Student

Loan (Excl. Vet.)

153 Re covery of

1 1 1 1

Overpayment of

mSlander

•

555 Prison Condition

'

M865 RSI (405 (g))

M

480 Consumer Credit

0 490 Cable/Sat TV

850 Securities/Com-

.

..

30 Fed. E mployers'

m

iability

.340 Marine

385 Property Damage

II

560 C ivil Detainee

Conditions of

Confinement

Product Liability

F E D E R A L T A X S U I TS

B A N K R U P T C Y

--

870 Taxes (U.S. Plaintiff or

M

Defendant)

22 Appeal 28

F O R F E I T U R E / P E N A L T Y

I.

odifies/Exchange

m

4

5 Marine P roduct

im

SC 158

625 D rug Related

871 IRS-Third Party 26 USCn

890 Other Statutory

Vet. Benefits

160 Stockholders'

I'm

iability

28

IISeizure of Property 21

im

7609

mActions

II

50 Motor Vehicle

in, 23 W ithdrawal

m

USC

1 5 7

USC 881

1 1

90 Other

IN

91 Agricultural Acts

m

'm

uits

355 Motor Vehicle - , - , • .

IVIL RIGHTS

Aci4

— . ' -

-

n

imi

roduct Liability

m 60 Other Personal

mnjury

L

.

IINAS

- 4

4 1

91

1

II

40 Other Civil Rights

4

93

tt

Environmental

•

s

.190 Other

n

895

t

Freedom of Info.

Contract

195 Contract

M

441 Voting

•

710 Fair La bor Standards

Act

362 Personal Injury-

720 Labor/Mgmt.

l

im

m

MI 442 Employment

i'• Product Liability

I°

ed Malpratice

443 Housing/

Relati ons

M

896 Arbitration

Ell

96 Franchise

• 365 Personal Injury-

ProductLiability

367 Health Care/

•

— Accommodations

899 Adm in. Procedures

El Act/Review of Appeal of

Agency Decision

950 Constitutionality of

.

R

A L

,- . '

445 Am erican with

II

isabilities-

SI

740 Railway Labor Act

m

751 F amily and Medical

Leave Act

210 Land

.

Pharmaceutical

Condemnation

0 220 Foreclosure

Personal Injury

Product Liability

368 A sbestos

Employment

790 Other Labore

E

446 American wth

Disabilities-Other

I

I

itigation

°

m

State Statutes

m230 Rent Lease &

ersonal Injury

II

448 Education

m 91 Employee Ret. Inc.

Im Uectment

Product Liability

1 1 1 1 Security Act

F O R O F FI C E USE ONLY:

C V - 7 1 ( 1 0 / 1 4 )

Case Number:

CV14-(18713 PA (SHx)

CIVIL COVER

SH EET

Page 1 of 3




UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

CIVIL COVER SHEET

VIII. VENUE: Your answers to the questions below will determine the division of the Court to which this case will be initially assigned. This initial assignment is subject

to change, in accordance with the Court's General Orders, upon review by the Court of your Complaint or Notice of Removal.

QUESTION A: Was this case removed

from state court?

D

Yes 0 No

If "no, " skip to Question B. If "yes," check the

box to the right that applies, enter the

corresponding division in response to

Question E, below, and continue from there.

STATE CASE WAS PENDING IN THE COUNTY OF:

INITIAL DIVISION IN CACD IS:

or San Luis Obispo

Western

Los Angeles, Ventura, Santa Barbara,

0 Orange

Southern

H

iverside or San Bernardino

Eastern

QUESTION B: Is the United States, or

one of its agencies or employees, a

PLAINTIFF in this action?

B.1. Do 50% or more of the defendants who reside in

the district reside in Orange Co.?

check one of the boxes to the right

+

YES. Your

case will initially be assigned to the Southern Division

in response to Question E, below, and continu

Enter "Southern"

from there.

to Question B.2.

0 Yes No

If "no, " skip to Question C. If "yes," answer

Question B.1, at right.

II

O. Continue

B.2. Do 50% or more of the defendants who

the district reside in Riverside and/or San Bernardino

Counties? (Consider the two counties together.)


i.

reside in

YES. Your case will initially be assigned to- the Eastern Division.

0

nter "Eastern" in response to Question E, below, and continue

from there.

NO. Your case

II

nter "Western"

will initially be assigned to the Western Division.

in response to Question E, below, and continue

from there.

QUESTION C: Is the United States, or

one of its agencies or employees, a

DEFENDANT in this action?

C.1. Do 50% or more of the plaintiffs who reside in the

district reside in Orange Co.?


YES. Your

case will initially be assigned to the Southern Division

in response to Question E, below, and continue

Enter "Southern"

from there.

to Question C.2.

al es

l

o

If "no, " skip to Question D. If "yes," answer

Question C.1, at right.

M I O. Continue

C.2. Do 50% or more of the plaintiffs who reside in the

district reside in Riverside and/or San Bernardino

Counties? (Consider the two counties together.)


1

41

YES. Your case will initially be assigned to the Eastern Division.

0

nter "Eastern" in response to Question E, below, and continue

from there.

NO. Your case

will initially be assigned to the Western Division.

in response to Question E, below, and continueEnter "Western"

from there.

QUESTION D: Location of plaintiffs and defendants?

A.

Orange County

B.

Riverside or San

Bernardino County

C.

Los Angeles, Ventura,

Santa Barbara, orSan

Luis Obispo County

Indicate the location(s) in which 50% or more of

plaintiffs who reside in this district

reside. (Check up to two boxes, or leave blank if none of these choices apply.)

_1

Indicate the location(s) in which 50% or more of

defendants who reside in this

district

reside. (Check up to two boxes, or leave blank if none of these choices

apply.)

I-

D.1. Is there at least one

1

Yes

If "yes," your case will initially

SOUTHERN DIVISION.

Enter "Southern" in response to Question

If "no," go to question

answer in Column A?

L>_<j No

be assigned to the

E, below, and continue from there.

D.2. Is there at least one answer in Column B?

Yes No

If "yes," your case will initially be assigned to the

EASTERN DIVISION.

Enter "Eastern" in response to Question E, below.

If "no," your case will be assigned to the WESTERN DIVISION.

Enter "Western" in response to Question E, below.

4

D2 to the right.

o+

QUESTION

E: Initial Division? •

INITIAL DIVISION IN.CACD

Enter the initial division determined by Question

A, B, C, or D above:

WESTERN

QUESTION F: Northern Counties?

Do 50% or more of plaintiffs or defendants in this district reside in Ventura, Santa Barbara, or San Luis Obispo counties?

es o

CV-71 (10/14)

IVIL COV ER SHEET

age 2 of 3




UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

CIVIL COVER SHEET

IX(a). IDENTICAL CASES: Has this action been previously filed in this court?

O

i YES

If yes, list case number(s):

IX(b). RELATED CASES: Is this case related (as defined below) to any civil or criminal case(s) previously filed in this court?

[X] NO

YES

If yes, list case number(s):

Civil cases are related when they (check all that apply):

L

A. Arise from the same or a closely related transaction, happening, or event;

B. Call for determination of the same or substantially related or similar questions of law and fact; or

C.

For other reasons would entail substantial duplication of labor if heard by different judges.

Note: That cases may involve the same patent, trademark, or copyright is not, in itself, sufficient to deem cases related.

A civil forfeiture case and a criminal case are related when they (check all that apply):

L i

A. Arise from the same or a closely related transaction, happening, or event;

Li

. Call for determination of the same or substantially related or similar questions of law and fact; or

ri

C. Involve one or more defendants from the criminal case in common and would entail substantial duplication of

labor if heard by different judges.


Sundesa v. Harrison-Daniels - Complaint

Documents