Kwik Tek v Nash Mfg. - Complaint

8/9/2019 Kwik Tek v Nash Mfg. - Complaint

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No.

KWIK TEK INC., a Colorado corporation,

Plaintiff,

v.

NASH MANUFACTURING INC., a Texas corporation,

Defendant.

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff KWIK TEK INC. (Kwik Tek) complains of Defendant NASH

MANUFACTURING INC. (DEFENDANT) and alleges as follows:

JURISDICTION

1. This is an action for patent infringement arising under the patent laws of the

United States of America, Title 35, United States Code, and in particular, 35 U.S.C. 271, et

seq. Jurisdiction is based on 28 U.S.C. 1338(a). The patent infringement alleged has been and

is now being carried out throughout the United States and on information and belief within the

District of Colorado as well.

2. This is also an action for preliminary and permanent injunctive relief and

monetary damages under the Trademark Act of 1946, as amended, 15 U.S.C. 1051, et seq.

{hereinafter the Trademark Act], the Colorado Consumer Protection Act, Colo.Rev.Stat. 6-

1-102 et seq., and common law. Jurisdiction of this Court is conferred by 15 U.S.C. 1116,

1121 and 1125(a) and 28 U.S.C. 1331 and 1338.

Case 1:15-cv-00159 Document 1 Filed 01/22/15 USDC Colorado Page 1 of 13


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THE PATENT-IN-SUIT

3. The patent-in-suit is United States Design Patent No. D720,030 which is referred

to herein as the 030 Design Patent. The 030 Design Patent was duly and legally issued by

the U. S. Patent and Trademark Office (USPTO) on December 23, 2014 listing Leroy L.

Peterson (Peterson) as the inventor and a true and accurate copy of the 030 Design Patent as

issued by the USPTO on said date is attached hereto as Exhibit A.

4. In February of 2009, inventor Peterson assigned his entire right, title and interest

in and to U.S. patent application Serial No. 12/180,596 (the 596 application) to Sportsstuff, Inc.

In March of 2010, plaintiff Kwik Tek acquired the 596 application from Sportsstuff, Inc. On

May 30, 2014, Kwik Tek filed a design patent application as a continuation of the 596

application and on December 23, 2014 the 030 Design Patent issued from this design patent

application.

5. By virtue of the aforesaid, Kwik Tek has the right to sue for infringement of the

030 Design Patent.

6. The 030 Design Patent is entitled Low Drag Aquatic Towing System and

covers a novel ornamental design for a low drag aquatic towing system which connects a

towable such as a tube to a power boat for towing the tube and is used in the water sport

commonly known as tubing.

THE PARTIES

7. Plaintiff Kwik Tek is a corporation organized under the laws of the State of

Colorado with an established place of business at 12000 E. 45 Ave., Unit 104, Denver,th

Colorado 80239.

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8. On information and belief, Defendant NASH MANUFACTURING INC.,

(DEFENDANT) is a corporation organized under the laws of the State of Texas which does

business under the name NASH SPORTS at 315 West Ripy Street, Fort Worth, Texas 76110.

Upon information and belief, DEFENDANT is currently doing business in Colorado, through,

among other things, its distribution and sale of water sports products including the alleged

infringing product to retailers and consumers in Colorado directly and through its web site

nashmfg.com.

BACKGROUND

9. Plaintiff Kwik Tek has expended considerable money obtaining the 030 Design

Patent which as indicated above issued from the 596 patent application. In addition, Kwik Tek

has expended considerable time, effort and money commercializing its low drag aquatic towing

system product which is covered by the 030 Design Patent and sold under the marks

BOOSTER, SPORTSSTUFF BOOSTER BALL (BOOSTER BALL) and AIRHEAD BOB

(BOB). (See Exhibit B) Kwik Teks commercialization efforts have included the promotion of

its BOOSTER BALL and BOB products in its annual Buyers Guide and at trade shows every

year since 2010 and 2012, respectively. These trade shows include the Surf Expo in Orlando,

Florida; the Lorenz and Jones Show in Altoona, Iowa; the Land N Sea Show in Las Vegas; and

the Donovan Marine Show in New Orleans, LA.

10. Kwik Tek has also marked its BOOSTER BALL and BOB products patent

pending since 2010 and 2012, respectively.

11. On information and belief, DEFENDANT NASH has also had booths of its own

at these trade shows and undoubtedly has seen Kwik Teks BOOSTER BALL and BOB products

at these shows and noticed the patent pending markings on the products. Notwithstanding this

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knowledge, DEFENDANT NASH introduced its infringing Arsenal Power Ball product

(ACCUSED PRODUCT) (see Exhibit C) in 2011 in complete disregard of Kwik Teks rights.

12. Kwik Teks BOOSTER BALL and BOB products have also been marked with the

proper patent notice in accordance with 35 U.S.C. 287 since it issued in 2014. Such marking

constitutes constructive notice to DEFENDANT of the '030 Design Patent.

13. In addition, in an attempt to resolve this infringement matter with DEFENDANT

without entering into litigation, in early January, 2015 Kwik Teks president Aaron Kramer

advised Defendants president Keith Parten that Defendants Arsenal Power Ball product

(ACCUSED PRODUCT) infringes the 030 Design Patent. After a few emails were exchanged

Mr. Parten arrogantly responded to Mr. Kramer by email as follows: We do not infringe in any

way. If you want to call and discuss with my attorney the cost of the conversation will be

yours.(See Exhibit D)

14. DEFENDANTs sale and/or offer to sell its Arsenal Power Ball product

(ACCUSED PRODUCT) infringes the 030 Design Patent and induces infringement of the 030

Design Patent as well.

15. On information and belief, DEFENDANT manufactures its ACCUSED

PRODUCT in China and imports the said ACCUSED PRODUCT into the United States from

China, the importation of which also infringes the 030 Design Patent and induces infringement

of the 030 Design Patent.

16. In addition, on information and belief, DEFENDANT continues to offer to sell

and/or sell and/or import the ACCUSED PRODUCT in the United States notwithstanding

having been advised that the ACCUSED PRODUCT infringes the '030 Design Patent. Such

conduct of DEFENDANT with knowledge of the 030 Design Patent constitutes a willful and

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wanton disregard of Kwik Teks rights. Such conduct also constitutes willful and wanton

infringement, entitling Kwik Tek to increased damages under 35 U.S.C. 284. Further, this is

an exceptional case entitling Kwik Tek to recover its reasonable attorneys' fees under 35 U.S.C.

285.

17. In addition, Kwik Tek has recently discovered that DEFENDANT has been

advertising and promoting its Arsenal Power Ball product as a Booster Ball(See Ex. C) which is

in violation of Kwik Teks rights in the marks Booster Ball and Booster. This conduct by

DEFENDANT is an obvious attempt to divert sales from Kwik Tek and palm off of the goodwill

Kwik Tek has generated through its use of the Booster Ball and Booster marks on its BOOSTER

BALL and BOB products. On information and belief, Defendants use of the Booster Ball and

Booster marks has also caused and is likely to cause confusion, mistake, and deception among

consumers. Such conduct constitutes unfair competition pursuant to 15 U.S.C. 1125(a).

18. To protect its rights in the Booster mark, Kwik Tek has filed a trademark

application with the USPTO to register its Booster mark. (See Exhibit E)

19. All conditions precedent to the bringing of this action have been performed or

have occurred.

FIRST CLAIM FOR RELIEF

Direct Patent Infringement by Defendant

35 U.S.C. 271(a)

20. Kwik Tek incorporates the allegations of paragraphs 1 through 19 by reference,

the same as if fully set forth herein.

21. 35 U.S.C. 271(a) states that:

Whoever without authority makes,

uses, offers to sell or sells anypatented invention, within the United

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States or imports into the United

States any patented invention duringthe term of the patent therefor,

infringes the patent.

22. By its unauthorized manufacture, use, offer to sell, sale or importation of the

ACCUSED PRODUCT, DEFENDANT has directly infringed, and on information and belief

continues to infringe, the '030 Design Patent and has thereby damaged Kwik Tek.

23. DEFENDANT has had knowledge of the '030 Design Patent for some time now

and either knew or should have known that its sale of the ACCUSED PRODUCT infringed the

'030 Design Patent, and induced others to infringe the '030 Design Patent. DEFENDANT has

therefore acted willfully and wantonly in disregard of Kwik Tek' rights. Such conduct

constitutes willful and wanton infringement, and Kwik Tek is thereby entitled to increased

damages under 35 U.S.C. 284. Further, this is an exceptional case entitling Kwik Tek to

recover its reasonable attorneys' fees under 35 U.S.C. 285.

24. Kwik Tek has been and will continue to be severely damaged by DEFENDANTs

unlawful infringement. Unless such infringement is abated and enjoined by this Court, Kwik

Tek will suffer irreparable damage.

SECOND CLAIM FOR RELIEF

Inducing Infringement by Defendant

35 U.S.C. 271(b)



26. 35 U.S.C. 271(b) states that:

Whoever actively induces

infringement of a patentshall be liable as an infringer.

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27. By its unauthorized sale of the ACCUSED PRODUCT, DEFENDANT, with full

knowledge of the '030 Design Patent, has induced, encouraged, aided, and abetted others to

infringe the '030 Design Patent and has thereby induced infringement of the '030 Design Patent,

all to the damage of Kwik Tek.

28. Upon information and belief, DEFENDANT has induced infringement willfully

and wantonly and with full knowledge of the harm to Kwik Tek and Kwik Tek' rights; and

therefore Kwik Tek is entitled to increased damages under 35 U.S.C. 284. In addition, this is

an exceptional case entitling Kwik Tek to recover its attorneys' fees under 35 U.S.C. 285.

29. Kwik Tek has been and will continue to be severely damaged by DEFENDANTs

unlawful infringement. Unless such infringement is abated and enjoined by this Court, Kwik

Tek will suffer irreparable damage.

THIRD CLAIM FOR RELIEF

Unfair Competition under Lanham Act, 15 U.S.C. 1125(a) and

Deceptive Trade Practices, Colorado Consumer Protection Act, Colo.Rev.Stats. 6-1-105



31. DEFENDANTS use of Kwik Teks Booster Ball and Booster marks to promote,

market, or sell its Arsenal Power Ball product in direct competition with Kwik Teks products

constitutes unfair competition pursuant to 15 U.S.C. 1125(a).

32. DEFENDANTS use of the Booster Ball and Booster marks has undoubtedly

caused and is likely to cause confusion, mistake, and deception among consumers.

33. DEFENDANT, by its use of Booster Ball, as aforesaid, has made misleading

representations of fact and/or has made false designations of origin, which are likely to cause

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confusion, mistake, or to deceive, as to the affiliation, connection, and/or association of

DEFENDANT, its business and/or product with Kwik Tek, its business, and itsBOOSTER

BALL and BOB products, and/or as to the origin, sponsorship, and/or approval of

DEFENDANTS business and product.

34. DEFENDANTS advertising and promotion of its Arsenal Power Ball product as

a Booster Ball as aforesaid which is confusingly similar to Kwik Teks Booster Ball and

Booster marks misrepresents the nature, characteristics and/or qualities of DEFENDANTS

product and business.

35. DEFENDANT, by its use of Booster Ball as aforesaid, which is a colorable

imitation of Kwik Teks Booster Ball and Booster marks, has passed off its business, and

product as those of another, to wit, Kwik Teks business and BOOSTER BALL and BOB

products.

36. On information and belief, the acts of DEFENDANT as aforesaid in making false

and misleading representation and designations, and passing off their product as that of another,

are undertaken knowingly by DEFENDANT, and with the intent to trade off of Kwik Tek, its

goodwill, representation, advertising and/or BOOSTER BALL and BOB products.

37. By reason of their acts as aforesaid, DEFENDANT has violated Section 43(a) of

the Trademark Act, 15 U.S.C. 1125(a), and has committed unfair and deceptive trade practices,

in violation of the Colorado Consumer Protection Act, Colo.Rev.Stats. 6-1-105.

38. Kwik Tek has and will continue to suffer irreparable harm and damage as a result

of the false and misleading representation and designations, and deceptive and unlawful trade

practices, of DEFENDANT, in an amount not as yet ascertainable, thereby entitling Kwik Tek to

recover its actual damages and costs, as well as DEFENDANTs profits, pursuant to 15 U.S.C.

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1117(a), and entitling Kwik Tek to recover up to treble its actual damages, and its costs and

attorney fees, pursuant to Colo.Rev.Stat. 6-1-113.

39. The false representations, designations and deceptive trade practices of

defendants, as aforesaid, are willful, wanton and without any claim of right, thereby entitling

Kwik Tek to treble the amount of damages suffered, and render this an exceptional case entitling

Kwik Tek to recover his attorney fees, pursuant to 15 U.S.C. 1117.

40. On information and belief, DEFENDANT will continue its false and misleading

representations and designations and unfair and deceptive acts, as aforesaid, unless enjoined by

this Court from so doing.

WHEREFORE, Kwik Tek prays for judgment against DEFENDANT and in favor of

Kwik Tek ordering, adjudging and declaring that:

1. Jurisdiction is present and venue is proper;

2. The 030 Design Patent is good and valid in law;

3. DEFENDANT is liable for infringement of the '030 Design Patent;

4. An accounting be had to determine the damages adequate to compensate Kwik

Tek for the aforesaid infringement and that judgment in favor of Kwik Tek be thereupon entered

against DEFENDANT, together with prejudgment interest;

5. The acts of infringement of DEFENDANT have been deliberate, willful, and

wanton entitling Kwik Tek pursuant to 35 U.S.C. 284 to increased damages of three times the

amount found or assessed;

6. A preliminary and permanent injunction be issued enjoining DEFENDANT, its

privies, and those in active consort therewith from further acts of infringement of the 030

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Design Patent and from aiding, abetting, or inducing or in any way contributing to the

infringement of said patent;

7. The instant case is an exceptional case and that Kwik Tek be awarded its costs,

expert witness fees, and reasonable attorneys' fees pursuant to 35 U.S.C. 285;

8. DEFENDANTs entire inventory of ACCUSED PRODUCT be delivered for

destruction including the Arsenal Power Ball product and all packaging for the product as well

as any reproductions, counterfeit copies, or colorable imitations thereof including all plates,

molds, dies, matrices and other means of making the infringing product and its packaging as

described herein;

9. DEFENDANT is liable for false designation and representation of origin in

violation of 15 U.S.C. 1125(a); and for unfair and deceptive trade practices, in violation of

Colo.Rev.Stat. 6-1-105.

10. An injunction issue enjoining DEFENDANT, its respective agents, servants,

employees, representatives, and all of those acting in concert or participation with any of them

who receive actual notice of such injunction from:

(1) using in any manner, in whole or in part, the marks Booster and Booster

Ball, or any colorable imitation thereof, including, but not limited to in connection with any

sporting goods business, product or service or similar or related business, product or service;

(2) falsely representing and/or passing off the business, goods and services of

said DEFENDANT as being connected with Kwik Tek, its business and/or products, or engaging

in any act which is likely to cause the trade or public in general, to believe that said

DEFENDANT and/or its products or business with which it is connected, is in any way

affiliated, associated, or connected with Kwik Tek or sponsored by Kwik Tek, its business

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and/or products.

(3) seeking to register with any federal, state or local agency or authority, any

trade dress or trademark which is a colorable imitation of Kwik Teks Booster or Booster Ball

marks.

11. DEFENDANT cancel any federal or state trademark, trade name or trade dress

registrations for or including any Booster or Booster Ball mark which is a colorable imitation

of Kwik Teks Booster or Booster Ball marks.

12. Kwik Tek be awarded its actual damages caused by DEFENDANTS false

designation and representation of origin and deceptive trade practices, including Kwik Teks

actual damages and any sum above that amount as the Court may find just according to the

circumstances of the case, as well as DEFENDANTS profits realized by reason of

DEFENDANTs unlawful acts as aforesaid.

13. Kwik Tek be awarded treble the amount of its actual damages for

DEFENDANTS willful and wanton conduct.

14. Kwik Tek be awarded his costs and attorneys fees in bringing and maintaining

this lawsuit.

15. Kwik Tek be granted such other and further relief as the Court may deem just and

equitable.

A JURY TRIAL IS REQUESTED.

DATED this 22nd day of January, 2015.

s/ Brian D. SmithBrian D. Smith, Esq.

BRIAN D. SMITH, P.C.

4100 E. Mississippi Ave., Suite 1600Denver, Colorado 80246

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(303) 523-0900

ATTORNEYS FOR PLAINTIFF KWIK

TEK INC.

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CERTIFICATE OF SERVICE

I hereby certify that on January 22, 2015, I electronically filed the foregoing

COMPLAINT AND DEMAND FOR JURY TRIALwith the Clerk of Court using the

CM/ECF system which will send notification of such filing to the parties of record.

/s/ Brian D. Smith

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Exhibit A

Case 1:15-cv-00159 Document 1-1 Filed 01/22/15 USDC Colorado Page 1 of 4


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Exhibit B



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1/8/2015 Booster Balls - Ropes / Harnesses - Boating

http://www.airhead.com/boating/ropes-harnesses/booster-balls.html

Home > Boating > Ropes / Harnesses > Booster Balls

Booster Balls

SHOPPING OPTIONS

Price

$119.98 - $119.98(1)

$125.99 - $125.99(1)

Brand

Airhead(1)

Sportsstuff(1)

$125.99

4k Booster Ball

4k Booster Ball Inflatable Tow Rope

Buoy ADVANCED TOWING SYS...1 Review(s)

$119.98

BOB

BOB Tow Rope Inflatable Buoy What

about BOB? BOB is an advan...

SHOP BY

http://www.airhead.com/boating/ropes-harnesses/booster-balls.html?manufacturer=44http://www.airhead.com/boating/ropes-harnesses/booster-balls.html?manufacturer=44http://www.airhead.com/boating/ropes-harnesses/booster-balls.html?manufacturer=44http://www.airhead.com/boating/ropes-harnesses/booster-balls/4k-booster-ball.htmlhttp://www.airhead.com/boating/ropes-harnesses/booster-balls/4k-booster-ball.htmlhttp://www.airhead.com/boating/ropes-harnesses/booster-balls/4k-booster-ball.htmlhttp://www.airhead.com/boating/ropes-harnesses/booster-balls/4k-booster-ball.htmlhttp://www.airhead.com/boating/ropes-harnesses/booster-balls/4k-booster-ball.htmlhttp://www.airhead.com/boating/ropes-harnesses/booster-balls/bob.htmlhttp://www.airhead.com/boating/ropes-harnesses/booster-balls/bob.htmlhttp://www.airhead.com/boating/ropes-harnesses/booster-balls/bob.htmlhttp://www.airhead.com/boating/ropes-harnesses/booster-balls/bob.htmlhttp://www.airhead.com/boating/ropes-harnesses/booster-balls/4k-booster-ball.htmlhttp://www.airhead.com/boating/ropes-harnesses/booster-balls/4k-booster-ball.htmlhttp://www.airhead.com/boating/ropes-harnesses/booster-balls.html?price=125.99-125.99http://www.airhead.com/boating/ropes-harnesses.htmlhttp://www.airhead.com/boating/ropes-harnesses/booster-balls.html?manufacturer=45http://www.airhead.com/boating/ropes-harnesses/booster-balls/bob.htmlhttp://www.airhead.com/boating/ropes-harnesses/booster-balls.html?price=119.98-119.98http://www.airhead.com/boating/ropes-harnesses/booster-balls.html?manufacturer=44http://www.airhead.com/boating/ropes-harnesses/booster-balls/bob.htmlhttp://www.airhead.com/boating.htmlhttp://www.airhead.com/http://www.airhead.com/boating/ropes-harnesses/booster-balls/4k-booster-ball.html


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Exhibit C



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Exhibit D



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From:partenk@_.com

Sent:Tuesday, January 13, 2015 6:29 PM

To:Aaron@_.com; bsmith@_.com

Cc:eric@_.net

Subject:Re: Hydroslide Arsenal Power Ball

Aaron / Brian / Eric,We do not infringe in any way. If you want to call anddiscuss with my attorney the cost of the conversation willbe yours.

Thanks,

Keith PartenNash Mfg. Inc.



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Exhibit E



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Trademark Electronic Application System (TEAS) filing receipt

YOUR MARK:BOOSTER (Standard Characters, mark.jpg)1.The literal element of the mark consists of BOOSTER.The mark consists of standard characters, without claim to any particular font, style, size, or

color.

YOUR SERIAL NUMBER: We have received your U.S. Trademark Application and assigned2.serial number '86510259' to your submission. A summary of your application data is provided at

the bottom of this message and serves as your official filing receipt. Please keep a copy of thisinformation for your records. All correspondence concerning the application should reference

your assigned serial number.

Please read all of the important information below. Not every mark is registrable with the

USPTO and we do not refund the application filing fee(s) if a registration does not ultimatelyissue.

RECEIVING E-MAIL COMMUNICATIONS/FILING DOCUMENTS ON-LINE: Because3.you have authorized receipt of correspondence by e-mail, please make sure that your server willaccept USPTO e-mail and not treat it as SPAM. If you must submit correspondence to us, please

use the Trademark Electronic Application System (TEAS) forms, available athttp://www.uspto.gov/trademarks/teas/index.jsp.

KEEP YOUR ADDRESS CURRENT IN USPTO RECORDS: We do not extend filing4.deadlines due to a failure to receive USPTO mailings/e-mailings. You must update thecorrespondence and/or owner's address if a postal address and/or e-mail address changes, usingthe form(s) available at http://www.uspto.gov/trademarks/teas/correspondence.jsp.

WARNING ABOUT UNSOLICITED COMMUNICATIONS: You may receive trademark-5.related communications from private companies not associated with the USPTO. These

communications frequently display customer-specific information, including your USPTO serialnumber or registration number and owner name, and request fees for trademark-related services,such as monitoring, listings in international publications, and document filing. None of the

companies offering these services are affiliated with the USPTO or any other federal agency. Allofficial correspondence will be from the "United States Patent and Trademark Office" in

Alexandria, VA, and if by e-mail, specifically from the domain "@uspto.gov." Please consult the

"Warning" page on the Trademarks section of the USPTO's website for further informationabout unsolicited communications and to view representative examples of them. For generalinformation on filing and maintenance requirements for trademark applications and registrations,including fees required by law, please consult www.uspto.gov, contact the

[email protected] telephone 1-800-786-9199.

LEGAL EXAMINATION PROCESS: Your application is now pending examination. In6.approximately 3 months, your application will be assigned to a USPTO examining attorney for

review. The application cannot mature into a registration unless all legal requirements are met,

mailto:[email protected]://www.uspto.gov/http://www.uspto.gov/trademarks/teas/correspondence.jsphttp://www.uspto.gov/trademarks/teas/index.jsp


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and many applications never satisfy these requirements and therefore never register. The overallprocess can take up to 18 months.

CHECK STATUS AND REVIEW DOCUMENTS OR YOUR APPLICATION MAY BE7.UNINTENTIONALLY ABANDONED: You mustcheck the status and review all documentsassociated with your application at least every 3-4 months using Trademark Status and

Document Retrieval (TSDR), available at http://tsdr.uspto.gov/.

Promptly e-mail the [email protected] telephone 1-800-786-9199

(select option #1) if an Office action (letter from the USPTO) or notice has issued for yourapplication that you did not receive or do not understand. Failure to respond timely to any Office

action or notice may result in the abandonment of your application, requiring you to pay anadditional fee to have your application revived even if you did not receive the Office action ornotice.

FILING ERRORS: If you discover an error in the application data, you must file a Voluntary8.Amendment at http://www.uspto.gov/trademarks/teas/miscellaneous.jsp. Do notsubmit any

proposed amendment to [email protected], because the TEAS technical support team may not

make any data changes. Please wait approximately 7 days after the filing date of your applicationto submit a Voluntary Amendment in order to allow for initial upload of your application data

into the USPTO database. The assigned examining attorney will determine the acceptability ofany Voluntary Amendment during examination. Not all errors may be corrected. For example, if

you submitted the wrong mark or if the proposed correction would be considered a materialalteration to your original filing, it will not be accepted. In this situation, your only recoursewould be to file a new application, with a new fee and no refund of your original filing fee.

REQUEST FOR REFUND AND/OR CANCELLATION: Since your application has already9.been assigned a serial number, please do not contact [email protected] request a refund or to

cancel the filing. We will only cancel the filing and refund the filing fee if the application does

not meet minimum filing requirements. The fee is a processing fee that the USPTO does notrefund, even if your mark does not proceed to registration.

In the limited situation where you inadvertently filed identical applications, one immediatelyafter the other, because no confirmation of the first filing was received, please provide both serial

numbers to the technical support team at [email protected].

SelectUSA: The United States represents the largest, most dynamic marketplace in the world10.and is an unparalleled location for business investment, innovation, and commercialization ofnew technologies. The U.S. offers tremendous resources and advantages for those who investand manufacture goods here. Through SelectUSA, our nation works to promote and facilitate

business investment. SelectUSA provides information assistance to the international investor

community; serves as an ombudsman for existing and potential investors; advocates on behalf ofU.S. cities, states, and regions competing for global investment; and counsels U.S. economicdevelopment organizations on investment attraction best practices. To learn more about why the

United States is the best country in the world to develop technology, manufacture products,deliver services, and grow your business, visit SelectUSA.govor call +1-202-482-6800.

SUMMARY OF APPLICATION DATA FOLLOWS:

http://www.selectusa.gov/mailto:[email protected]:[email protected]:[email protected]://www.uspto.gov/trademarks/teas/miscellaneous.jspmailto:[email protected]://tsdr.uspto.gov/


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APPLICATION DATA: You have filed a Trademark/Service Mark Application for registration

on the Principal Registerusing a regular TEAS application form.

The applicant, Kwik Tek, Inc., a corporation of Colorado, having an address of

12000 East 45th Ave. Unit 104

Denver, Colorado 80239 United States

requests registration of the trademark/service mark identified above in the United States Patent and

Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section1051 et seq.), as amended, for the following:

International Class 028: Low Drag Aquatic Towing System

In International Class 028, the mark was first used by the applicant or the applicant's related company

or licensee or predecessor in interest at least as early as 07/28/2008, and first used in commerce at leastas early as 07/28/2008, and is now in use in such commerce. The applicant is submitting one(or more)

specimen(s) showing the mark as used in commerce on or in connection with any item in the class oflisted goods and/or services, consisting of a(n) Photo of Booster in retail packaging.

Specimen-1 [SPE00-2071732484-20150121184424172264_._Booster.jpg ]

For informational purposes only, applicant's website address is: www.kwiktek.com

The applicant's current Correspondence Information:

Kwik Tek, Inc

12000 East 45th Ave. Unit 104

Denver, Colorado 80239 3033773722(phone)

3037338007(fax)

[email protected];[email protected] (authorized)

A fee payment in the amount of $325 has been submitted with the application, representing paymentfor 1 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a),

the applicant is the owner of the trademark/service mark sought to be registered; the applicant or theapplicant's related company or licensee is using the mark in commerce on or in connection with the

goods/services in the application, and such use by the applicant's related company or licensee inures tothe benefit of the applicant; the specimen(s) shows the mark as used on or in connection with thegoods/services in the application; and/or if the applicant filed an application under 15 U.S.C. Section

1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark incommerce; the applicant has a bona fide intention to use or use through the applicant's related

company or licensee the mark in commerce on or in connection with the goods/services in the



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application. The signatory believes that to the best of the signatory's knowledge and belief, no otherperson has the right to use the mark in commerce, either in the identical form or in such nearresemblance as to be likely, when used on or in connection with the goods/services of such other

person, to cause confusion or mistake, or to deceive. The signatory being warned that willful falsestatements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001,

and that such willful false statements and the like may jeopardize the validity of the application or any

registration resulting therefrom, declares that all statements made of his/her own knowledge are trueand all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Mike Pleiss/ Date: 01/21/2015Signatory's Name: Mike Pleiss

Signatory's Position: Marketing Director

Thank you,

The TEAS support teamWed Jan 21 19:22:49 EST 2015STAMP: USPTO/BAS-207.173.248.4-20150121192249516910-86510259-

5309178ab589a7fa61eab12c2fd1696e1b81de772912946fcab84bfb871290a432-CC-5366-20150121184424172264



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JS 44 (Rev. 12/11)

he JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except

rovided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the

f initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

. (a) DEFENDANTS

County of Residence of First Listed Defendant

(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION

TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

I. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box fo(For Diversity Cases Only)

1 U.S. Government 3 Federal Question PTF DEF PTF DPlaintiff (U.S. Government Not a Party)

Citizen of This State 1 1 Incorporated or Principal Place 4of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5

Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6

Foreign Country

(Place an X in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTE

110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act

120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionm

130 Miller Act 315 Airplane Product Product Liability690 Other

28 USC 157 410 Antitrust

140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking

150 Recovery of Overpayment320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS

450 Commerce& Enforcement of Judgment

Slander Personal Injury 820 Copyrights

460 Deportation151 Medicare Act

330 Federal Employers Product Liability 830 Patent

470 Racketeer Influenc152 Recovery of Defaulted

Liability 368 Asbestos Personal 840 Trademark

Corrupt Organizatio340 Marine

Injury Product Liability

480 Consumer Credit345 Marine Product

LABOR SOCIAL SECURITY

490 Cable/Sat TV

153 Recovery of Overpayment LiabilityPERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff)

850 Securities/Commod

of Veterans Benefits350 Motor Vehicle 370 Other Fraud Act

862 Black Lung (923)

Exchange160 Stockholders Suits

355 Motor Vehicle 371 Truth in Lending 720 Labor/Mgmt. Relations863 DIWC/DIWW (405(g))

890 Other Statutory Ac190 Other Contract

Product Liability 380 Other Personal740 Railway Labor Act 864 SSID Title XVI

891 Agricultural Acts195 Contract Product Liability

Property Damage751 Family and Medical 865 RSI (405(g))

893 Environmental Mat

385 Property Damage Leave Act

895 Freedom of Inform

362 Personal Injury -Product Liability

790 Other Labor LitigationMed. Malpractice

791 Empl. Ret. Inc.

896 Arbitration

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS

Security Act

TAX SUITS

899 Administrative Pro

210 Land Condemnation 440 Other Civil Rights

510 Motions to Vacate

870 Taxes (U.S. Plaintiff

Act/Review or Appe

220 Foreclosure 441 Voting

Sentence

or Defendant)

Agency Decision

230 Rent Lease & Ejectment 442 Employment

Habeas Corpus:

871 IRS - Third Party

950 Constitutionality of

240 Torts to Land 443 Housing/530 General

26 USC 7609

State Statutes

245 Tort Product Liability Accommodations535 Death Penalty

IMMIGRATION

290 All Other Real Property445 Amer. w/Disabilities -

540 Mandamus & Other

462 Naturalization Application

Employment

550 Civil Rights

446 Amer. w/Disabilities -

555 Prison Condition

Other

560 Civil Detainee -

448 Education

Conditions of Confinement

465 Other Immigration

Actions

V. ORIGIN

Transferred fromanother district(specify)

(Place an X in One Box Only)

1 OriginalProceeding

2 Removed fromState Court

3 Remanded fromAppellate Court

4 Reinstated orReopened

5 6 MultidistrictLitigation

VI. CAUSE OF ACTION

VII. REQUESTED IN

COMPLAINT:

CHECK IF THIS IS A CLASS ACTION

UNDER F.R.C.P. 23

CHECK YES only if demanded in complaint

No

Appeal to D

Judge fromMagistrate J

7

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Brief description of cause: AP Docket

NOTE:

and One Box for Defendant)

196 Franchise

Student Loans (Excl. Veterans)

360 Other Personal Injury

District of Colorado Form CIVIL COVER SHEET

(b) County of Residence of First Listed Plaintiff(EXCEPT IN U.S. PLAINTIFF CASES)

PLAINTIFFS

V. NATURE OF SUIT

DEMAND $ JURY DEMAND: Yes

463 Alien Detainee

Other:

Brian D. Smith, P.C., 4100 E. Mississippi Ave., Denver, CO 80246

Phone: 303-523-0900

NASH MANUFACTURING INC.

35 USC Section 271 et seq.

KWIK TEK INC.

Denver

Patent Infringement and Unfair Competition


Kwik Tek v Nash Mfg. - Complaint

Documents

Kwik Tek v Nash Mfg. - Complaint