Beruflich Dokumente
Kultur Dokumente
7
IN THE UNITED STATES DISTRICT COURT
8 FOR THE DISTRICT OF NEVADA
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SATA GmbH & Co. KG, a German
10 Corporation, CASE NO.:
11 Plaintiff, COMPLAINT
12 v. (JURY DEMAND)
13 USA ITALCO INTERNATIONAL
LIMITED, a New York Company;
14 Zhejiang Auarita Pneumatic Tools L.L.C.
d.b.a. Auarita, a foreign entity
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Defendant.
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Plaintiff SATA GmbH & Co. KG (“SATA”) hereby states its complaint against
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Defendants USA ITALCO INTERNATIONAL LIMITED, a New York Company; and Zhejiang
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Auarita Pneumatic Tools L.L.C. d.b.a. Auarita, (“AUARITA”) a foreign entity, (collectively
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“ITALCO”) as follows:
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INTRODUCTION
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SATA is a world leader in the production of paint spray guns, airbrushes, workplace
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safety and security equipment, and other related products. ITALCO is a foreign entity who is
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knowingly manufacturing, distributing, and selling counterfeit paint spray guns which infringe
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SATA’s federally registered trademarks and design patents.
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Case 3:18-cv-00351 Document 1 Filed 07/24/18 Page 2 of 24
4 1051, et seq.; for common law trademark infringement and unfair competition; and for patent
6 2. This Court has subject matter jurisdiction over this action pursuant to 15 U.S.C.
7 §§ 1119 and 1121, and pursuant to 28 U.S.C. §§ 1331, 1338, and 1367, because this action
8 presents questions arising under the trademark and patent laws of the United States to which
9 Congress has granted exclusive subject matter jurisdiction to the federal courts. This Court has
10 supplemental jurisdiction over Plaintiff’s common law claims.
11 3. This Court has personal jurisdiction over ITALCO based upon its infringing acts
12 of advertising, displaying, and offering for sale counterfeit goods bearing SATA’s marks in Las
13 Vegas, Nevada.
14 4. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b), (c), (d),
15 and 1400(b) because ITALCO does business in Nevada, has committed acts of infringement in
17 THE PARTIES
18 5. SATA is a German corporation established in 1907 and organized under the laws
19 of Germany.
20 6. Upon information and belief, USA ITALCO INTERNATIONAL LIMITED is a
21 New York company located at 35~15 84th Street, 2H Jackson Heights, New York 11372.
24 GENERAL ALLEGATIONS
25 Background on SATA
26 8. SATA is a leading manufacturer of paint spray guns, paint spray gun reservoirs,
27 and related equipment principally used to paint automobiles.
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Case 3:18-cv-00351 Document 1 Filed 07/24/18 Page 3 of 24
1 9. SATA’s products are designed and manufactured in Germany and are sold to
2 distributors worldwide.
3 10. Over the past century, SATA has been a leader in the production of paint spray
4 guns, paint spray gun reservoirs, and related equipment. SATA’s paint spray guns are highly
5 valued, well known for their quality, performance, and durability, and are used by professional
6 car repair businesses, automobile manufacturers, yacht and boat builders, carpenters, painters,
8 11. SATA offers a wide variety of paint spray guns, including handheld spray guns
9 and spray guns for automatic painting systems.
10 12. SATA’s strong reputation and goodwill in the industry is further bolstered by its
11 strong commitment to aiding users of SATA products through free online, telephone, and in-
12 person training services, such as painting tips, forum discussions, useful measurement
14 13. Due to the quality of its products and its international reputation for technological
15 innovation, SATA has achieved extensive sales throughout the United States and the world. In
16 the United States, SATA annually sells in excess of 100,000 paint spray guns and paint spray
17 gun reservoirs. Over the last five years, on average, SATA enjoyed annual sales in the United
18 States in excess of $15 million dollars. Internationally, SATA has annual sales in excess of $80
19 million dollars.
20 14. SATA also has prominently and extensively advertised and promoted products
21 and services offered under the SATA Marks, throughout the United States and the world,
22 through such varied media as the internet, newspapers and magazines, and point-of-sale displays.
23 SATA also operates websites at the sata.com, satausa.com, and other domain names. As a result,
24 SATA has developed substantial and valuable goodwill in the SATA Marks.
25 15. For many years, SATA has expended millions of dollars annually in advertising
26 and promoting and marketing the SATA Marks in the United States.
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Case 3:18-cv-00351 Document 1 Filed 07/24/18 Page 4 of 24
11 design patents at issue: U.S. D459,432, U.S. D459,433, U.S. D770,593, U.S. D548,816, U.S.
12 D758,537, U.S. D644,716, U.S. D655,347, and D552,715 (hereinafter the “SATA Patents”).
13 Attached hereto as Exhibit B are true and correct copies of the SATA Patents.
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25 Relevant Description
26 Those portions of the structures shown in the drawings in form of broken lines represent
27 parts of the gun other than the spray head ring. The specific shape of these parts does not limit
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Case 3:18-cv-00351 Document 1 Filed 07/24/18 Page 6 of 24
1 the present design. Diagonal hatching in the figures represents any shade of green coloration.
2 Open areas adjacent the diagonal hatching signify surface finish(es) that is/are colored or
3 uncolored, including metallic finish, such as chrome, nickel or any other silvery, metallic finish.
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14 Relevant Description
15 Those portions of the structures shown in the drawings in form of broken lines represent
16 parts of the gun other than the spray head ring. The specific shape of these parts does not limit
17 the present design. Solid black shading represents color contrast in the sense that the area(s)
18 so shaded, which may be of any “color”, for example red, blue or black, is/are in color contrast
19 with adjacent areas of the design. Open areas adjacent to the solid black shading signify surface
20 finish(es) that is/are colored or uncolored, including metallic finish, such as chrome, nickel or
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24 ////
25 ///
26 ///
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Case 3:18-cv-00351 Document 1 Filed 07/24/18 Page 7 of 24
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13 Relevant Description
14 Ornamental design of the SATAjet 5000B SATA paint spray gun including the various
15 location and stippling of the knobs.
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Case 3:18-cv-00351 Document 1 Filed 07/24/18 Page 8 of 24
1 Relevant Description
2 FIG. 1 is a first perspective view of a first embodiment of the ornamental design of
3 SATA’s minijet 3000 paint spray gun according to the present invention;
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15 Relevant Description
16 Ornamental design of the rear of a Model 5000 SATA paint spray gun.
17 U.S. D 644,716 (“‘716 Patent”)
18 Claim: The ornamental design for a paint spray gun, as shown and described.
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Case 3:18-cv-00351 Document 1 Filed 07/24/18 Page 9 of 24
1 Relevant Description
2 Ornamental design of the SATAjet 4000 B SATA paint spray gun.
3 U.S. D 655,347 (“‘347 Patent”)
4 Claim: The ornamental design for an identification tag, as shown and described.
5
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10 Relevant Description
11 Ornamental design of the identification tag on the handle of the SATAjet 4000.
12 U.S. D 552,715 (“‘715 Patent”)
13 Claim: The ornamental design for a paint spray gun, as shown and described.
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26 Relevant Description
27 Ornamental design of the SATAjet 3000SATA paint spray gun.
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Case 3:18-cv-00351 Document 1 Filed 07/24/18 Page 10 of 24
1 Discovery of Infringement
2 20. On or around July of 2017, SATA discovered that an influx of counterfeit SATA
3 paint guns were being distributed on the west coast branded under the name ITALCO
5 21. In its first investigation, SATA uncovered two distributors, one based in Phoenix,
6 Arizona, and one based in Sacramento, California. These distributors were distributing,
7 advertising, offering for sale, and selling several ITALCO paint spray gun models.
8 22. On Friday, June 30, 2017, SATA’s investigator purchased an ITALCO 5000 for
9 $350. As discussed more fully below, the ITALCO model infringes upon approximately seven
10 (7) SATA Marks and SATA Patents.
11 23. On August 25, 2017, SATA’s investigator was able to purchase an ITALCO H-
12 4000 Sprayer and ITALCO H-5000 sprayer for a combined amount of $756.00. As discussed
13 more fully below, the two models combined infringe a number of SATA’s intellectual property.
14 True and accurate copies of the photographs are attached hereto as Exhibit C.
18 represent everything from air conditioning to computer systems, to paint/coating body repair,
19 hand tools, and similarly situated companies. Exhibitors at SEMA generate business (i.e., buy
20 and sell products) and develop and maintain business relationships with key customers and
21 suppliers.
22 25. Typically, exhibitors will take orders and then ship them from their home
23 countries.
24 26. The 2017 SEMA was held between Tuesday, October 31, 2017, and Friday,
25 November 3, 2017, at the Las Vegas Convention Center in Las Vegas, Nevada, and features
5 that was 50% of the cost that had recently become available.
6 29. At this time, SATA became aware that a local Las Vegas auto paint company,
7 DISCOUNT AUTO BODY PAINT AND SUPPLY L.L.C., D.B.A. LAS VEGAS AUTO PAINT
12 pallets, but that they could receive a new shipment by request within two weeks.
13 32. LVAP referred to the Counterfeit Paint Spray Guns as “knock off SATAs.”
14 33. LVAP also provided a representative sample of an ITALCO H-5000.
15 34. On December 21, 2017, SATA filed an action against LVAP for the Counterfeit
16 Paint Spray Guns. See Case No. 2:17-cv-03101. The case against LVAP was subsequently
17 settled.
18 35. During the litigation, SATA learned that ITALCO was actively soliciting
19 customers in the United States.
20 36. An individual named Betty, who listed herself as a “Sales Manager,” sent over
21 several versions of the paint spray guns of behalf of the parent company ZHEJIANG AUARITA
22 PNEUMATIC TOOLS L.L.C. True and accurate copies of the email communication are
23 attached hereto as Exhibit D.
24 37. LVAP later purchased Counterfeit Paint Spray Guns directly from AUARITA,
25 and received the shipment in Las Vegas Nevada. True and accurate copies of the email
26 communication and the invoice confirming the purchase are attached hereto as Exhibit E.
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Case 3:18-cv-00351 Document 1 Filed 07/24/18 Page 12 of 24
5 39. True and accurate screenshots of the website displaying the counterfeit paint
6 spray guns are attached hereto as Exhibits F and G.
7 40. These websites allow for United States customers in the United States to import
8 infringing guns directly.
9 41. One of SATA’s major business challenges and a significant threat to its market is
10 the manufacture and sale of infringing and copyright products from China.
11 42. Without court intervention, ITALCO will be able to continue to use the websites
12 to advertise, market, distribute and sell infringing paint spray guns in the United States.
16 44. The chart below details generally the “model series” of the Counterfeit Paint
17 Spray Gun, and a non-exhaustive list of the specific SATA intellectual property assets being
18 infringed.
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Case 3:18-cv-00351 Document 1 Filed 07/24/18 Page 13 of 24
1
Model Series Trademarks Patents
2
H-5000 U.S. Trademark No. U.S. Design Patent
3 3,072,417 for a red ring at a D459,432 for a green ring at
paint cup (if it is an H.V.L.P the head of a spray gun (if it
4 model and comes with cup), is an H.V.L.P model)
U.S. Trademark No. U.S. Design Patent
5 2,770,801 for a green ring at D459,433 for a colored ring
the air cap ring of a spray gun at the head of a spray gun
6 (if it is an H.V.L.P model)
U.S. Design Patent
7 U.S. Trademark No. D770,593 for the design of
2,774,593 for a blue ring at the SATAjet 5000 B
8 the air cap ring of a spray gun
(if it is an L.V.L.P model) U.S. Design Patent
D758,537 for the design of
9 U.S. Trademark No. the SATAjet 5000 B
4,731,525 for the mark
10 “5000”
11 U.S. Trademark No. U.S. Design Patent
H-4000 3,072,417 for a red ring at a D459,432 for a green ring at
12 paint cup (if it is an H.V.L.P the head of a spray gun (if it
model and comes with cup), is an H.V.L.P model),
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U.S. Trademark No. U.S. Design Patent
14 2,770,801 for a green ring at D459,433 for a colored ring
the air cap ring of a spray gun at the head of a spray gun
15 (if it is an H.V.L.P model),
U.S. Design Patent
U.S. Trademark No. D644,716 for the design of
16 2,774,593 for a blue ring at the SATAjet 4000 B
the air cap ring of a spray gun
17 (if it is an L.V.L.P model), U.S. Design Patent
D655,347 for the design of a
18 U.S. Trademark No. identification tag on the
4,666,773 for the mark handle of the SATAjet 4000
19 “4000”,
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Case 3:18-cv-00351 Document 1 Filed 07/24/18 Page 14 of 24
1
Model Series Trademarks Patents
2
H-3000 U.S. Trademark No. U.S. Design Patent
3 3,072,417 for a red ring at a D459,432 for a green ring at
paint cup (if it is an H.V.L.P the head of a spray gun (if it
4 model and comes with cup), is an H.V.L.P model),
U.S. Trademark No. U.S. Design Patent
5 2,770,801 for a green ring at D459,433 for a colored ring
the air cap ring of a spray gun at the head of a spray gun,
6 (if it is an H.V.L.P model),
U.S. Design Patent D
7 U.S. Trademark No. 552,715 for the design of the
2,774,593 for a blue ring at SATAjet 3000
8 the air cap ring of a spray gun
(if it is an L.V.L.P model),
9 U.S. Trademark No.
4,920,512 for the mark
10 “3000”,
11 U.S. Trademark No.
3,153,260 for a Green Platelet
12 on the handle of the spray gun
1
Model Series Trademarks Patents
2
H-1000 U.S. Trademark No. U.S. Design Patent
3 3,072,417 for a red ring at a D459,432 for a green ring at
paint cup (if it is an H.V.L.P the head of a spray gun (if it
4 model and comes with cup), is an H.V.L.P model),
U.S. Trademark No. U.S. Design Patent
5 2,770,801 for a green ring at D459,433 for a colored ring
the air cap ring of a spray gun at the head of a spray gun.
6 (if it is an H.V.L.P model),
7 U.S. Trademark No.
2,774,593 for a blue ring at
8 the air cap ring of a spray gun
(if it is an L.V.L.P model),
9 U.S. Trademark No.
4,920,510 for the mark
10 “1000”,
11 45. Below is a comparison showing a genuine SATAjet 5000 compared to the
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Case 3:18-cv-00351 Document 1 Filed 07/24/18 Page 16 of 24
1 46. The marks shown above on the Counterfeit Products and in the comparison are
2 clearly meant to be confusingly similar in sight, sound and commercial impression to SATA’s
3 Marks.
4 47. On information and belief, the marks were specifically chosen and placed in
5 identical locations on the same type of goods covered by SATA’s Marks in order to cause
7 48. On information and belief, as a result of the similarity between the marks and the
8 identical relationship between the respective parties products, purchasers of Counterfeit Products
9 are apt to believe that they are somehow connected with, or endorsed or sponsored by SATA, to
10 the harm and detriment of SATA.
11 49. On November 30, 2017, SATA sent a letter to ITALCO informing it of its
12 infringement and demanding it cease and desist its actions.
13 50. SATA did not receive a response to the letter and the infringement continues as of
14 the date of this Complaint.
18 52. ITALCO has used spurious designations that are identical with, or substantially
19 indistinguishable from, the SATA Marks on identical goods.
20 53. ITALCO has intentionally used these spurious designations, knowing they are
21 counterfeit, in connection with the advertisement, promotion, sale, offering for sale and
23 54. ITALCO’s use of the SATA Marks to advertise, promote, offer for sale, distribute
24 and sell the Counterfeit Paint Spray Guns bearing infringing trademarks was at all times and is
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Case 3:18-cv-00351 Document 1 Filed 07/24/18 Page 17 of 24
1 55. ITALCO’s unauthorized use of the SATA Marks on and in connection with
2 ITALCO’s advertisement, promotion, sale, offering for sale, and distribution of the Counterfeit
4 56. ITALCO’s unauthorized use of the SATA Marks is likely to: (a) cause confusion,
5 mistake and deception; (b) cause the public to believe that the ITALCO’s Counterfeit Paint
6 Spray Gun is legitimate, and/or that the Counterfeit Paint Spray Gun is authorized by, sponsored
7 by, or approved by SATA, or that ITALCO is affiliated with, connected to, associated with, or in
8 some way related to SATA; (c) result in ITALCO unfairly benefiting from SATA’s advertising
9 and promotion; and (d) result in ITALCO unfairly profiting from SATA’s reputation and
10 trademarks all to the substantial and irreparable injury of the public, SATA, the SATA Marks,
14 58. By reason of the foregoing, ITALCO is liable to SATA for: (a) statutory damages
15 in the amount of up to $2,000,000 for each mark counterfeited as provided by 15 U.S.C. §
16 1117(c) of the Lanham Act, or, at SATA’s election, an amount representing three (3) times
17 SATA’s damages and/or ITALCO’s illicit profits; and (b) reasonable attorney’s fees,
19 59. SATA is also entitled to temporary, preliminary, and permanent injunctive relief
20 pursuant to 15 U.S.C. § 1116(d).
24 61. Without SATA’s authorization, license, or consent, ITALCO has knowingly used
25 and continues to use in commerce the SATA Marks in connection with the manufacturing,
26 adverting, promoting, importing into, and selling in the United States the Counterfeit Paint Spray
27 Gun. ITALCO has used the SATA Marks with the knowledge of, and the intent to call to mind
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Case 3:18-cv-00351 Document 1 Filed 07/24/18 Page 18 of 24
1 and create a likelihood of confusion with regard to, and/or trade off SATA’s fame and the
3 62. ITALCO’s use of the SATA Marks is likely to: (a) confuse, mislead, or deceive
4 customers, purchasers, and members of the general public as to the origin, source, sponsorship,
5 or affiliation of ITALCO and SATA and/or the Counterfeit Paint Spray Gun and SATA’s
6 products; and (b) is likely to cause such people to believe in error that the Counterfeit Paint
7 Spray Gun has been authorized, sponsored, approved, endorsed, or licensed by SATA or that the
9 63. SATA has no control over ITALCO’s use of the SATA Marks and cannot control
10 the fact that ITALCO is using the SATA Marks to create the Counterfeit Paint Spray Gun.
11 Therefore, SATA’s reputation and goodwill have been and continue to be damaged – and the
12 value of the SATA Marks jeopardized – by ITALCO’s continued use of the SATA Marks and
13 colorable imitations thereof. Because of the likelihood of confusion between the Counterfeit
14 Paint Spray Gun and the SATA Marks, any defects, objections, or faults found with the
15 Counterfeit Paint Spray Gun will negatively reflect upon and injure the exceptional reputation
16 that SATA has established for the products and services it offers in connection with the SATA
17 Marks. As such, ITALCO is liable to SATA for infringement of the SATA Marks pursuant to 15
18 U.S.C. § 1114.
19 64. ITALCO’s acts alleged above have caused, and if not enjoined will continue to
20 cause, irreparable and continuing harm to SATA’s trademarks, business, reputation, and
21 goodwill. SATA has no adequate remedy at law as monetary damages are inadequate to
22 compensate SATA for the injuries caused by ITALCO to its trademarks, business, reputation,
23 and goodwill.
24 65. As a direct and proximate result of ITALCO’s conduct, SATA has suffered and
25 continues to suffer damages to its valuable SATA Marks, and other damages in an amount to be
26 proven at trial.
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Case 3:18-cv-00351 Document 1 Filed 07/24/18 Page 19 of 24
3 SATA Marks, and an exceptional case within the meaning of 15 U.S.C. § 1117(b).
11 69. ITALCO’s use, promotion, offers to sell, sale, and/or importation of the
12 Counterfeit Paint Spray Gun violates Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
13 The SATA Marks are federally registered, and are entitled to protection under both federal and
14 common law. The SATA Marks have distinctive appearances with unique and non-functional
15 designs. SATA has extensively and continuously promoted and used the SATA Marks for many
16 decades in the United States and worldwide. Through that extensive and continuous use, the
17 SATA Marks have become well-known indicators of the origin and quality of SATA’s products
19 70. ITALCO’s use of colorable imitations of the SATA Marks constitutes a false
20 designation of origin that is likely to cause consumer confusion, mistake, or deception as to the
21 origin, sponsorship, or approval of the Counterfeit Paint Spray Gun by creating the false and
22 misleading impression that the Counterfeit Paint Spray Gun is manufactured by, authorized by,
24 71. ITALCO’s use of colorable imitations of the SATA Marks has caused, and unless
25 enjoined, will continue to cause substantial and irreparable injury to SATA for which SATA has
26 no adequate remedy at law, including at least substantial and irreparable injury to the goodwill
27 and reputation for quality associated with the SATA Marks.
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Case 3:18-cv-00351 Document 1 Filed 07/24/18 Page 20 of 24
1 72. On information and belief, ITALCO’s use of colorable imitations of the SATA
2 Marks has been intentional and willful. ITALCO’s bad faith is evidenced at least by ITALCO’s
3 use of marks identical to the SATA Marks on the Counterfeit Paint Spray Gun. SATA is entitled
4 to injunctive relief, and SATA is also entitled to recover ITALCO’s profits, actual damages,
5 enhanced profits and damages, costs, and reasonable attorneys’ fees pursuant to 15 U.S.C. §§
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Case 3:18-cv-00351 Document 1 Filed 07/24/18 Page 21 of 24
1 78. ITALCO’s acts alleged above have caused, and if not enjoined will continue to
2 cause, irreparable and continuing harm to SATA’s trademarks, business, reputation, and
3 goodwill. SATA has no adequate remedy at law because monetary damages are inadequate to
4 compensate SATA for the injuries caused by ITALCO to its trademarks, business, reputation,
5 and goodwill.
6 79. On information and belief, ITALCO’s use of colorable imitations of the SATA
7 Marks has been intentional and willful. ITALCO’s bad faith is evidenced at least by ITALCO’s
8 use of marks identical to the SATA Marks on the Counterfeit Paint Spray Gun. SATA is entitled
9 to injunctive relief, and SATA is also entitled to recover ITALCO’s profits, actual damages,
10 punitive damages, costs, and reasonable attorneys’ fees.
18 82. ITALCO infringes on the SATA Design Patents because, inter alia, in the eye of
19 an ordinary observer, giving such attention as a purchaser usually gives, the design of paint spray
20 guns and packaging claimed and disclosed in SATA Design patents are substantially the same as
21 ITALCO’s Counterfeit Paint Spray Gun. The resemblance is as such that an ordinary observer
22 would likely purchase ITALCO’s Counterfeit Paint Spray Gun, believing it to be SATA’s
23 products.
24 83. ITALCO’s acts of infringement of the SATA Design Patents were undertaken
25 without authority, permission, or license from SATA. ITALCO’s activities violate 35 U.S.C. §
26 271.
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Case 3:18-cv-00351 Document 1 Filed 07/24/18 Page 22 of 24
1 84. SATA has been and continues to be irreparably harmed by ITALCO’s past and
2 ongoing infringement of SATA’s design patents.
3 85. ITALCO’s infringement of SATA’s design patents has caused SATA to suffer
4 damages in an amount to be determined at trial.
9 § 1114; (iii) willfully used false designations of origin and/or engaged in unfair competition in
10 violation of 15 U.S.C. § 1125(a); (iv) willfully violated SATA’s common law rights in the SATA
11 Marks; and (v) willfully infringed the SATA Patents in violation of 35 U.S.C. §§ 171 and 289;
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the SATA Marks, by ITALCO, its agents, servants, employees, attorneys, and all others in active
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concert or participation with any of them;
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C. An order from the Court demanding the website hosts take down the infringing
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websites;
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D. A finding that this is an exceptional case within the meaning of 15 § U.S.C.
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1117(a);
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E. An award of damages adequate to compensate SATA for the trademark
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infringements that have occurred pursuant to 15 U.S.C. § 1117(a), which amount shall include
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ITALCO’s profits, SATA’s damages, and the costs of the action;
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F. At SATA’s election, either: (1) an award of damages adequate to compensate
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25 SATA for the intentional acts of trademark counterfeiting that have occurred, pursuant to 15
26 U.S.C. § 1117(b), which amount shall include three times ITALCO’s profits or SATA’s damages
27 (whichever is greater), together with reasonable attorneys’ fees; or (2) statutory damages in the
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Case 3:18-cv-00351 Document 1 Filed 07/24/18 Page 23 of 24
1 amount of: (i) not less than $1,000 or more than $200,000 per counterfeit mark per type of goods
2 or services sold, offered for sale, or distributed, as the Court considers just; or (ii) if the Court
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finds that the use of the counterfeit mark was willful, not more than $2,000,000 per counterfeit
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mark per type of goods or services sold, offered for sale, or distributed, as the Court considers
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just;
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8 that have occurred pursuant to 35 U.S.C. § 284, or an award of ITALCO’s profits from its
15
/s/ Steven A. Caloiaro
16 STEVEN A. CALOIARO
Nevada Bar No. 12344
17 Email: scaloiaro@dickinsonwright.com
8363 West Sunset Road, Suite 200
18 Las Vegas, Nevada 89113-2210
19 Tel: (702) 550-4400
Fax: (844) 670-4009
20
Attorneys for Plaintiff
21 SATA GmbH & Co. KG
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Case 3:18-cv-00351 Document 1 Filed 07/24/18 Page 24 of 24
1 EXHIBIT TABLE
2
Exhibit Description Page(s)1
3 A True and correct copies of SATA U.S. Trademark 15
Registration Certificates
4 B True and correct copies of the SATA U.S. Patents 110
C True and accurate copies of photographs of ITALCO H- 6
5 4000 Sprayer and ITALCO H-5000 sprayer
6 D True and accurate copies of the email communication with 2
Betty of ZHEJIANG AUARITA PNEUMATIC TOOLS
7 L.L.C.
E True and accurate copies of the email communication and 2
8 the invoice from LVAP
F True and accurate screenshots of the website 1
9
http://www.italcojet.com/
10 G True and accurate screenshots of the website 1
http://www.auarita.com/
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12
13
14
15
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19
20
21
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25
26
27
1
Exhibit page counts are exclusive of exhibit slip sheets.
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Case 3:18-cv-00351 Document 1-1 Filed 07/24/18 Page 1 of 16
EXHIBIT A
EXHIBIT A
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EXHIBIT B
EXHIBIT B
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USOOD459432S
(12) Schmon
United States Design Patent (10) Patent No.: US D459,432 S
(45) Date of Patent: : *Jun. 25, 2002
(54) SPRAY GUN HEAD RING FIG. 2 is a side view of the ring of FIG. 1 having at its front
a green band that is in color contrast with the finish of the
(75) Inventor: Ewald Schmon, Grafenberg (DE) adjacent area to the rear of the ring.
(73) Assignee: SATA-Farbspritztechnik GmbH & FIG. 3 is a front view of the ring of FIG. 1.
FIG. 4 is a rear-side perspective of the ring of FIG. 1.
Co., Kornwestheim (DE) FIGS. 5-7 illustrate a first alternative to the form of the ring
(*) Notice: This patent is subject to a terminal dis of FIGS. 1-4, the FIGS. 5–7 alternative also being useful on
claimer. a gun as exemplified in FIG. 1.
FIG. 5 is a side view similar to FIG. 2, having a green band
(**) Term: 14 Years at the front; the axial lines in the adjacent area to the rear of
the ring Signify Surface ridges.
(21) Appl. No. 29/113,813 FIG. 6 is a front view of the ring of FIG. 5.
FIG. 7 is a rear-side perspective of the ring of FIG. 5.
(22) Filed: Nov. 15, 1999 FIGS. 8-10 illustrate a second alternative to the form of the
(30) Foreign Application Priority Data ring of FIGS. 1-4, the FIGS. 8-10 alternative also being
useful on a gun as exemplified in FIG. 1.
May 14, 1999 (DE) ......................................... 499 04806 FIG. 8 is a side view similar to FIG. 2, except that here the
(51) LOC (7) Cl. .................................................... 23-01 green band is at the rear.
(52) U.S. Cl. ...................................... D23/213; D23/226 FIG. 9 is a front view of the ring of FIG. 8.
(58) Field of Search ................................ D23/213, 223, FIG. 10 is a rear-side perspective of the ring of FIG. 8.
D23/226; 239/690–692; 361/227–228 FIGS. 11-13 illustrate a third alternative to the form of the
ring of FIGS. 1-4, the FIGS. 11-13 alternative also being
(56) References Cited useful on a gun as exemplified in FIG. 1.
U.S. PATENT DOCUMENTS FIG. 11 is a side view similar to FIG. 2, except that here
there are two green bands, located respectively at the front
D133.223 S * 7/1942 Tammen .................... D23/226 and rear of the ring, Separated by an area with which the
2,356,865 A * 8/1944 Mason ...... ... 239/690 green bands are in color contrast.
(List continued on next page.) FIG. 12 is a front view of the ring of FIG. 11; and,
FIG. 13 is a rear-side perspective of the ring of FIG. 11.
OTHER PUBLICATIONS Those portions of the Structures shown in the drawings in
Warwick Industries, Inc, Color brochure of model 861 form of broken lines represent parts of the gun other than the
HVLP, 827 HVLP and 828 HVPL guns, 1 page (date, Spray head ring. The Specific shape of these parts do not limit
unknown). the present design.
Diagonal hatching in the figures represents any Shade of
(List continued on next page.) green coloration. Open areas adjacent the diagonal hatching
Primary Examiner Robin V. Taylor Signify Surface finish(es) that is/are colored or uncolored,
(74) Attorney, Agent, or Firm-Hall, Priddy, Myers & including metallic finish, Such as chrome, nickel or any other
Vande Sande Silvery, metallic finish.
Only one side view of each embodiment has been shown
(57) CLAIM Since each of the embodiments is Symmetrical and the side
The ornamental design for a Spray gun head ring, as shown opposite to the one shown is a mirror image of the side
and described. shown. Portions of the interiors of the rings not shown in the
drawings constitute functional or mechanical features form
DESCRIPTION ing no part of the present design.
FIG. 1 is a front-Side perspective of a Spray gun head ring
in accord with the present invention. 1 Claim, 5 Drawing Sheets
Case 3:18-cv-00351 Document 1-2 Filed 07/24/18 Page 3 of 111
USD459,432 S
Page 2
U.S. PATENT DOCUMENTS Astro Pneumatic Tool Co., Color rochure showing model
2,557.593 A * 6/1951 Bjorkman ................... 239/528 HVLPDX, HVLP6GFS, AS6S, AS7S, AS7SP, AS8S,
2,557.606 A * 6/1951 Liedberg ...... ... 239/690
D252,097 S $ 6/1979 Probst et al. .. ... D23/226 GF14S, GF20S, GF6S guns, 2 pages (date unknown).
5,332,156 A * 7/1994 Wheeler ....... ... 239/526
5,609,302 A * 3/1997 Smith ........... ... 239/526
5.836,517 A * 11/1998 Burns et al. ... ... 239/525
D409,719 S * 5/1999 Kaneko ..................... D23/226 Warwick Industries, Inc, Color brochure of series 827
OTHER PUBLICATIONS HVLP, 828 HVLP and 868 HVPL guns, 4 pages (date,
unknown).
ANI, S.p.A., Quality Air ANI Tech color brochure of F1
Super/S HVLP and F1 Super/I HVLP spray guns, 2 pages
(date on brochure provided Jun. 6, 2000). * cited by examiner
Case 3:18-cv-00351 Document 1-2 Filed 07/24/18 Page 4 of 111
USOOD459433S
(12) Schmon
United States Design Patent (10) Patent No.: US D459,433 S
(45) Date of Patent: : *Jun. 25, 2002
(54) SPRAY GUN HEAD RING Warwick Industries, Inc, Color brochure of series 827
HVLP, 828 HVLP and 868 HVPL guns, 4 pages (date,
(75) Inventor: Ewald Schmon, Grafenberg (DE) unknown).
(73) Assignee: SATA-Farbspritztechnik GmbH &Co., * cited by examiner
Kornwestheim (DE) Primary Examiner Robin V. Taylor
(*) Notice: This patent is subject to a terminal dis (74) Attorney, Agent, or Firm-Hall, Priddy, Myers &
claimer. Vande Sande
(**) Term: 14 Years (57) CLAIM
The ornamental design for a Spray gun head ring, as shown
(21) Appl. No. 29/113,815 and described.
(22) Filed: Nov. 15, 1999 DESCRIPTION
(30) Foreign Application Priority Data
FIG. 1 is a front-Side perspective of a spray gun head ring
May 14, 1999 (DE) ......................................... 499 04806 in accord with the present invention.
(51) LOC (7) Cl. .................................................... 23-01 FIG. 2 is a side view of the ring of FIG. 1 having at its front
a band of color that is in color contrast with the finish of the
(52) U.S. Cl. ...................................... D23/213; D23/223 adjacent area to the rear of the ring.
(58) Field of Search ................................ D23/213, 223, FIG. 3 is a front view of the ring of FIG. 1.
D23/226; 239/690–692; 361/227–228 FIG. 4 is a rear-side perspective of the ring of FIG. 1.
(56) References Cited FIGS. 5-7 illustrate a first alternative to the form of the ring
U.S. PATENT DOCUMENTS
of FIGS. 1-4, the FIGS. 5-7 alternative also being useful on
a gun as exemplified in FIG. 1.
D133,223 S 7/1942 Tammen .................... D23/226 FIG. 5 is a side view similar to FIG. 2, having a band of color
2,356,865 A * 8/1944 Mason ...... ... 239/690 at the front; the axial lines in the adjacent area to the rear of
2,557,593 A * 6/1951 Bjorkman .. ... 239/528 the ring Signify Surface ridges.
2,557.606 A * 6/1951 Liedberg ...... ... 239/690 FIG. 6 is a front view of the ring of FIG. 5.
D252,097 S * 6/1979 Probst et al. . ... D23/226 FIG. 7 is a rear-side perspective of the ring of FIG. 5.
5,332,156 A * 7/1994 Wheeler ....... ... 239/526 FIGS. 8-10 illustrate a second alternative to the form of the
5,609,302 A * 3/1997 Smith ........... ... 239/526
5,836,517 A * 11/1998 Burns et al. ...... ... 239/525 ring of FIGS. 1-4, the FIGS. 8-10 alternative also being
D409,719 S * 5/1999 Kaneko ..................... D23/226 useful on a gun as exemplified in FIG. 1.
OTHER PUBLICATIONS
FIG. 8 is a side view similar to FIG. 2, except that here the
band of color is at the rear.
Warwick Industries, Inc, Color brochure of model 861 FIG. 9 is a front view of the ring of FIG. 8.
HVLP, 827 HVLP, and 828 HVLP guns, 1 page (date, FIG. 10 is a rear-side perspective of the ring of FIG. 8.
unknown). FIGS. 11-13 illustrate a third alternative to the form of the
ANI, S.p.A., Quality Air ANI Tech color brochure of F1 ring of FIGS. 1-4, the FIGS. 11-13 alternative also being
Super/S HVLP and F1 SUPER/I HVLP spray guns, 2 pages useful on a gun as exemplified in FIG. 1.
(date on brochure provided Jun. 6, 2000). FIG. 11 is a side view similar to FIG. 2, except that here
Astro Pneumatic Tool Co., Color rochure showing model there are two bands of color, respectively located at the front
HVLPDX, HVLP6GFS,AS6S, AS7S, AS7SP, AS8S, and rear of the ring, Separated by an area with which the
GF14S, GF20S, GF6S guns, 2 pages (date unknown). bands are in color contrast.
1. R
A / SAS. -
/ is ?.
eith's
-
S3)
FR --n,
Case 3:18-cv-00351 Document 1-2 Filed 07/24/18 Page 10 of 111
US D459.433 S
Page 2
FIG. 12 is a front view of the ring of FIG. 11; and, uncolored, including metallic finish, Such as chrome, nickel
FIG. 13 is a rear-side perspective of the ring of FIG. 11. or any other Silvery, metallic finish.
Those portions of the Structures shown in the drawings in Only one side view of each embodiment has been shown
form of broken lines represent parts of the gun other than the Since each of the embodiments is Symmetrical and the Side
Spray head ring. The Specific shape of these parts do not limit opposite to the one shown is a mirror image of the Side
the present design. shown. Portions of the interiors of the rings not shown in the
Solid black shading represents color contrast in the Sense drawings constitute functional or mechanical features form
that the area(s) so shaded, which may be of any “color”, for ing no part of the present design.
example red, blue or black, is/are in color contrast with
adjacent areas of the design. Open areas adjacent the Solid
black shading signify Surface finish(es) that is/are colored or 1 Claim, 5 Drawing Sheets
Case 3:18-cv-00351 Document 1-2 Filed 07/24/18 Page 11 of 111
F1 G |
Case 3:18-cv-00351 Document 1-2 Filed 07/24/18 Page 12 of 111
FIG 2
F1 G. 3
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F I G. 6
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F1 G. 8
FI G. 9
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FIG II
Case 3:18-cv-00351 Document 1-2 Filed 07/24/18 Page 16 of 111
USOOD770593S
US D770,593 S
Page 2
US D770,593 S
Page 3
US D770,593 S
Page 4
US D770,593 S
Page 5
US D770,593 S
Page 6
FG.
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F.G. 2
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F.G. 3 FG. 4
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F.G. S
Case 3:18-cv-00351 Document 1-2 Filed 07/24/18 Page 27 of 111
r:Ecs
s so Y',
so ser
: { AAi i
E.
I
F.G. 6
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F.G. 8
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FIG. 9
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FIG. O.
Case 3:18-cv-00351 Document 1-2 Filed 07/24/18 Page 31 of 111
{(]{} {}
FG. FG. 2
Case 3:18-cv-00351 Document 1-2 Filed 07/24/18 Page 32 of 111
FG. 3
Case 3:18-cv-00351 Document 1-2 Filed 07/24/18 Page 33 of 111
FG. 4
Case 3:18-cv-00351 Document 1-2 Filed 07/24/18 Page 34 of 111
F.G. 6
Case 3:18-cv-00351 Document 1-2 Filed 07/24/18 Page 35 of 111
FIG. 17
Case 3:18-cv-00351 Document 1-2 Filed 07/24/18 Page 36 of 111
FIG. 18
Case 3:18-cv-00351 Document 1-2 Filed 07/24/18 Page 37 of 111
{{} {} {}
FG. 9 FG.2O
Case 3:18-cv-00351 Document 1-2 Filed 07/24/18 Page 38 of 111
FG, 21
Case 3:18-cv-00351 Document 1-2 Filed 07/24/18 Page 39 of 111
.........................................-
FG.24
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USOOD548816S
FIG. 1
Case 3:18-cv-00351 Document 1-2 Filed 07/24/18 Page 43 of 111
FG. 2
Case 3:18-cv-00351 Document 1-2 Filed 07/24/18 Page 44 of 111
F.G. 3
Case 3:18-cv-00351 Document 1-2 Filed 07/24/18 Page 45 of 111
s' W)
FG. 7
Case 3:18-cv-00351 Document 1-2 Filed 07/24/18 Page 48 of 111
USOOD758537S
US D758,537 S
Page 2
US D758,537 S
Page 3
2:1
6,766,763 T/2004 Crum et al. D624,668 9, 2010 Noppe
6,786,345 9, 2004 Richards 7,810,744 10, 2010 Schmon et al.
6,796,514 9, 2004 Schwartz 7,819,341 10, 2010 Schmon et al.
6,801,211 10, 2004 Forsline et al. D627,039 11, 2010 Yu
6,820,824 11, 2004 Joseph et al. D627,432 11, 2010 Escoto et al.
6,843,390 1/2005 Bristor 7,823,806 11, 2010 Schmon
6,845,924 1/2005 Schmon D629,623 12/2010 Lampe
7,913,938 3, 2011 Cooper
6,855,173
6,863,310
2, 2005
3, 2005
Ehrnsperger et al.
Petkovsek 7,922, 107
D637,269
: 4, 2011
5, 2011
Fox
Wang
6,863,920 3, 2005 Crum et al.
6,874,656 4, 2005 Rohr et al. D638,121 5, 2011 Villasana
6,874,664 4, 2005 Montgomery D639,863 6, 2011 Langan
6,877,677 4, 2005 Schmon et al. D641,067 T/2011 Wang
6,929,019 8, 2005 Weinmann et al. D644,716 9, 2011 Gehrung
6,945.429 9, 2005 Gosis et al. D644,803 9, 2011 Schmon
6,955, 180 10, 2005 Kocherlakota et al. D645,094 9, 2011 Langan
6,962.432 11/2005 Hofeldt 8,042402 10, 2011 Brown et al.
6,963,331 11/2005 Kobayashi et al. D649,196 11, 2011 Langan
7,017,838 3, 2006 Schmon 8,052,071 11, 2011 Kruse
7,018,154 3, 2006 Schmon D655,347 3, 2012 Gehrung
D519,687 4, 2006 Zahav 8,127,963 2 3, 2012 Gerson et al.
7,036,752 5, 2006 Hsiang D657.276 4, 2012 Brose
7,083,119 8, 2006 Bouic et al. D661,742 6, 2012 Clark
7,090,148 8, 2006 Petrie et al. D663,960 T/2012 Jeronimo
7,097,118 8, 2006 Huang 8,240,579 8, 2012 Bennett
D528,192 9, 2006 Nicholson 8,297,536 10, 2012 Ruda
7,106,343 9, 2006 Hickman D670,085 11, 2012 Brookman et al.
7,165,732 1/2007 Kosmyna et al. D671,988 12/2012 Leipold
7,172,139 2, 2007 Bouic et al. D672,012 12/2012 Brose
7, 175,110 2, 2007 Vicentini D674,880 1, 2013 Schmon
7,182,213 2, 2007 King 8,352,744 1, 2013 Kruse
D538,050 3, 2007 Tardif D681,162 4, 2013 Kruse
8,444,067 5, 2013 Schmon et al.
D538.493
D538,886
7,194,829
3, 2007
3, 2007
3, 2007
Zimmerle et al.
Huang
Boire et al.
8.454,759
8,481,124
:
B2
6, 2013
T/2013
Selsvik
Nolte et al.
D541,053 4, 2007 Sanders D689,590 9, 2013 Brose
D541,088 4, 2007 Nesci D689,593 9, 2013 Schmon
7,201,336 4, 2007 Blette et al. D690,799 10, 2013 Maier
7,216,813 5/2007 Rogers D692,530 10, 2013 Gehrung
D545,943 7/2007 Rodgers et al. 8,616,434 12/2013 Willen
7,246,713 7/2007 King 8,626,674 B2 1, 2014 Whitehouse
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US D758,537 S
Page 4
US D758,537 S
Page 5
US D758,537 S
Page 6
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liminary Report on Patentability for PCT/EP2004/01 1998 filed Oct.
OTHER PUBLICATIONS 23, 2004.
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Application filed Dec. 11, 2011 for U.S. Appl. No. 13/380,949. liminary Report on Patentability for PCT/EP2005/000435 filed Jan.
Chinese Office Action dated Jan. 28, 2014 and Search Report dated 18, 2005.
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FIG. 1
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FIG. 2
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FIG. 5
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FIG. 6
FIG. 7
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USOOD644716S
(12) Gehrung
United States Design Patent (10) Patent No.: US D644,716S
(45) Date of Patent: Sep. 6, 2011
(54) PAINT SPRAY GUN FIG. 3 is a front view of the paint spray gun of FIG. 1.
FIG. 4 is a rear view of the paint spray gun of FIG. 1.
(75) Inventor: Ralf Gehrung, Stuttgart (DE) FIG. 5 is a left side view of the paint spray gun of FIG. 1.
FIG. 6 is a right side view of the paint spray gun of FIG. 1.
(73) Assignee: SATA GmbH & Co. KG, Komwestheim FIG. 7 is a bottom view of the paint spray gun of FIG. 1.
(DE) FIG. 8 is a top view of the paint spray gun of FIG. 1.
FIG. 9 is a front perspective view of a second embodiment of
(**) Term: 14 Years a paint spray gun according to the present invention.
FIG. 10 is a rear perspective view of the paint spray gun of
(21) Appl. No. 29/385,200 FIG. 9.
FIG. 11 is a front view of the paint spray gun of FIG. 9.
(22) Filed: Feb. 10, 2011 FIG. 12 is a rear view of the paint spray gun of FIG. 9.
FIG. 13 is a left side view of the paint spray gun of FIG. 9.
(30) Foreign Application Priority Data FIG. 14 is a right side view of the paint spray gun of FIG. 9.
FIG. 15 is a bottom view of the paint spray gun of FIG. 9.
Aug. 12, 2010 (DE) ......................... 40 2010 OO4 341 FIG. 16 is a top view of the paint spray gun of FIG. 9.
(51) LOC (9) Cl. .................................................. 23-01 FIG. 17 is a front perspective view of a third embodiment of
(52) U.S. Cl. ...................................................... D23A226 a paint spray gun according to the present invention.
(58) Field of Classification Search ................. D23/213, FIG. 18 is a rear perspective view of the paint spray gun of
D23/223, 226; 239/525-526, 600, 690, 691 FIG. 17.
See application file for complete search history. FIG. 19 is a front view of the paint spray gun of FIG. 17.
FIG. 20 is a rear view of the paint spray gun of FIG. 17.
(56) References Cited FIG. 21 is a left side view of the paint spray gun of FIG. 17.
FIG.22 is a right side view of the paint spray gun of FIG. 17.
U.S. PATENT DOCUMENTS FIG. 23 is a bottom view of the paint spray gun of FIG. 17.
D314.421 S * 2/1991 Tajima et al. ................ D23,226 FIG. 24 is a top view of the paint spray gun of FIG. 17.
(Continued) FIG. 25 is a front perspective view of a fourth embodiment of
a paint spray gun according to the present invention.
Primary Examiner — Robin V Webster FIG. 26 is a rear perspective view of the paint spray gun of
FIG. 25.
(74) Attorney, Agent, or Firm — Martin Fleit; Paul D. FIG. 27 is a front view of the paint spray gun of FIG. 25.
Bianco; Fleit Gibbons Gutman Bongini & Bianco PL FIG. 28 is a rear view of the paint spray gun of FIG. 25.
(57) CLAM
FIG. 29 is a left side view of the paint spray gun of FIG. 25.
FIG. 30 is a right side view of the paint spray gun of FIG. 25.
The ornamental design for a paint spray gun, as shown and FIG. 31 is a bottom view of the paint spray gun of FIG. 25:
described. and,
FIG. 32 is a top view of the paint spray gun of FIG. 25.
DESCRIPTION The stippling used on the air cap ring and on the handle
represents a Surface having a color. In particular, where the
FIG. 1 is a front perspective view of a first embodiment of a stippling is the same, the color is the same and where the
paint spray gun according to the present invention. stippling is different, the color is different.
FIG. 2 is a rear perspective view of the paint spray gun of FIG.
1. 1 Claim, 24 Drawing Sheets
Case 3:18-cv-00351 Document 1-2 Filed 07/24/18 Page 61 of 111
US D644,716S
Page 2
U.S. PATENT DOCUMENTS D552,715 S *ck 10/2007 Schmon et al. .............. D23,226
6,626,382 B1* 9/2003 Liu ............................... 239,569 RST SS * 12/2008
D583,013 $299. Wang
Hang ............ ...... D23,226
D23,226
6,845,924 B2* 1/2005 Schmon ... 239,526 D604.394 S *ckck 1 1/2009 Wang ........................... D23,226
7,017,838 B2* 3/2006 Schmon ... 239,526 D607.086 S * 12/2009 Kosaka ........................ D23,226
7,083,119 B2* 8/2006 Bouicetal 239,345 D614,731 S ck 4/2010 Wang ... ... D23,226
7, 175,110 B2 * 2/2007 Vicentini . 239,526 7.823.806 B2 * 11, 2010 Schmon 239,600
D538,886 S * 3/2007 Huang ........ D23,226 wal - www Ya. K. J. 4 W. J. W. K. wiki.J.J. W.J.
D552,213 S * 10/2007 Schmon et al. .............. D23,226 * cited by examiner
Case 3:18-cv-00351 Document 1-2 Filed 07/24/18 Page 62 of 111
F.G. 1
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FG. 2
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FG. 3 F.G. 4
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FIG 5
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s
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F.G. 6
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FIG. 7 F.G. 8
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FG. 9
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F.G. 1 O
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s
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F.G. 13
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F.G. 14
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F.G. 15 FG 16
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F.G. 17
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FG. 18
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FIG 21
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FG. 22
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F.G. 25
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F.G. 26
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FG. 29
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FIG. 3O
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F.G. 31 F.G. 32
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USOOD655347S
(12) Gehrung
United States Design Patent (10) Patent No.: US D655,347 S
(45) Date of Patent: . Mar. 6, 2012
(54) IDENTIFICATIONTAG (57) CLAM
(75) Inventor: Ralf Gehrung, Stuttgart (DE) The ornamental design for an identification tag, as shown and
described.
(73) Assignee: Sata GmbH & Co. KG, Kornwestheim
(DE) DESCRIPTION
(**) Term: 14 Years
FIG. 1 is a first front perspective view of the identification tag
(21) Appl. No. 29/385,203 according to the present invention in a closed configuration.
FIG. 2 is a second front perspective view of the identification
(22) Filed: Feb. 10, 2011 tag of FIG. 1.
FIG. 3 is a bottom view of the identification tag of FIG. 1.
(30) Foreign Application Priority Data FIG. 4 is a top view of the identification tag of FIG. 1.
FIG. 5 is a right side view of the identification tag of FIG. 1.
Aug. 12, 2010 (DE) ......................... 40 2010 OO4 340 FIG. 6 is a left side view of the identification tag of FIG. 1.
(51) LOC (9) Cl. .................................................. 19-08 FIG. 7 is a front view of the identification tag of FIG. 1.
(52) U.S. Cl. ........................................................ D2O/22 FIG. 8 is a rear view of the identification tag of FIG. 1.
(58) Field of Classification Search ................... D20/10, FIG. 9 is a first front perspective view of the identification tag
according to the present invention in an open configuration.
D20/19, 22–28, 40, 43,99: 40/5, 299.01, FIG.10 is a second front perspective view of the identification
40/300-302,316, 630, 625, 626, 628, 631, tag of FIG. 9.
40/661; D8/349,388: D10/106.9, 106.92; FIG. 11 is a bottom view of the identification tag of FIG. 9.
D24/128; D30/155; 410/96, 105 FIG. 12 is a top view of the identification tag of FIG. 9.
See application file for complete search history. FIG. 13 is a right side view of the identification tag of FIG.9.
(56) References Cited FIG. 14 is a left side view of the identification tag of FIG. 9.
FIG. 15 is a front view of the identification tag of FIG.9.
U.S. PATENT DOCUMENTS FIG. 16 is a rear view of the identification tag of FIG. 9.
D519,687 S * 4/2006 Zahav .......................... D30,155
FIG. 17 is a front perspective view of the identification tag of
7,194,829 B2* 3/2007 Boire et al. ... 40/316 FIG. 1 shown in use on a paint spray gun.
D571,463 S * 6/2008 Chesnin ... D24,128 FIG. 18 is a side view of the identification tag of FIG. 1 shown
D638,121 S * 5/2011 Villasana ..................... D24,128 in use on a paint spray gun; and,
2003/0066218 A1* 4/2003 Schweikert ...... ... 40,299.01 FIG. 19 is a bottom view of the identification tag of FIG. 1
2008/00 19789 A1* 1/2008 Dunaway et al. ............. 410,105 shown in use on a paint spray gun.
* cited by examiner The broken lines, including the spray gun shown, illustrate
environment or disclaimed features and form no part of the
Primary Examiner — Mary Ann Calabrese claimed design.
(74) Attorney, Agent, or Firm — Martin Fleit; Paul D.
Bianco; Fleit Gibbons Gutman Bongini & Bianco PL 1 Claim, 9 Drawing Sheets
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F.G. 2
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FIG. 15
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FIG. 18
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(~).…-~>-?;”.:
F.G. 19
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USOOD552715S
(12) Schmon
Unitedet States
al.
Design Patent (10) Patent No.: US D552,715 S
(45) Date of Patent: Oct. 9, 2007
(54) PAINT SPRAY GUN Primary Examiner Robin Webster
(74) Attorney, Agent, or Firm—Martin Fleit; Paul D.
(75) Inventors: Ewald Schmon, Grafenberg (DE): Bianco; Fleit Kain Gibbons Gutman Bongini & Bianco P.L.
Albrecht Kruse, Fichtestrasse (DE)
(57) CLAM
(73) Assignee: SATA GmbH & Co. KG,
Kornwestheim (DE) The ornamental design for a paint spray gun, as shown and
described.
(**) Term: 14 Years
(21) Appl. No.: 29/252,736 DESCRIPTION
(22) Filed: Jan. 26, 2006 FIG. 1 is a first front perspective view of a first paint spray
gun of the Subject invention;
(30) Foreign Application Priority Data FIG. 2 is a first side view thereof
Jul. 28, 2005 (EM) ................................ OOO378815 FIG. 3 is a second side view thereof;
(51) LOC (8) Cl. ................................................. 23-01 FIG. 4 is a front view thereof
(52) U.S. Cl. ...................................... D23A226 FIG. 5 is a rear view thereof;
(58) Field of Classification Search . ... D23/223, FIG. 6 is a bottom view thereof;
D23/226; 239/525–6, 690-1, DIG. 14 FIG. 7 is a top view thereof;
See application file for complete search history.
FIG. 8 is a first front perspective view of a second paint
(56) References Cited spray gun of the Subject invention;
U.S. PATENT DOCUMENTS FIG. 9 is a first side view thereof
D305,057 S * 12/1989 Morgan ..................... D23,226 FIG. 10 is a second side view thereof;
D314.421 S * 2/1991 Tajima et al. ... D23,226 FIG. 11 is a front view thereof;
D405.503 S * 2, 1999 Endo ........... ... D23,226 FIG. 12 is a rear view thereof
D409,719 S * 5/1999 Kaneko ....... ... D23,226
6,585,173 B2 * 7/2003 Schmon et al. ............. 239,526 FIG. 13 is a bottom view thereof, and,
6,626,382 B1 9/2003 Liu ............................ 239,569 FIG. 14 is a top view thereof.
7,017,838 B2 * 3/2006 Schmon ...................... 239,526
* cited by examiner 1 Claim, 14 Drawing Sheets
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&
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It is certified that error appears in the above-identified patent and that said Letters Patent is
hereby corrected as shown below:
Title Page; item (75) under Grafenberg (DE), change the inventor's city of residence
from “FichtStraSSe to --STUTTGART--.
WDJ
JON. W. DUDAS
Director of the United States Patent and Trademark Office
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EXHIBIT C
EXHIBIT C
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EXHIBIT D
EXHIBIT D
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LYNDON B COOK <utahpearl@msn.com>
The samples:
H-3000 RP DIGITAL (1.2mm)
H-3000 PT RP(1.0mm)
K-400(1.3mm)
H-5000 RP(1.2mm)
The 4 models will be ready tomorrow, and we will send to you soon. The express company said it's OK to freight collect, but the
express account must be provided.
I remember that you don't have the express account, but if any of your friends has one?
There is also another way, could you ask your friend in USA to place abroad expressage order, so the courier will pick up the
package in China, and the freight can be collected.
13958621491
If any other information you need to place abroad expressage order, please feel free to contact Betty.
Besides, do you have any other contact methods, do you have skype or what's app?
My skype is joyce-cnauarita
My what's app is 13958621491
^_^
Best regards
Betty sales
manager
Hello Betty,
Nice talking with you on the phone. :)
You can express by DHL or TNT, both of the 2 companied provide the survice like picking up goods from abroad.
You can just ask both of them and compare the prices, and tell them your situation, and they will tell you how to do, it's easy,
especially for smart Lyndon. :) :)
But our boss would like to send you another sample together: H-4000 RP DIGITAL, 1.3MM
It is 1.3mm, but similar to the SATA H-4000 RP DIGITAL 1.6MM, hope it will meet your satisfaction, and give you more confidence
to our technology.
Kindly check the picture of H-4000 RP DIGITAL 1.3MM enclosed, sneak peek.
Besides, we would also like to send you our catalogue in next email, any models meet your interest, please feel free to contact
Betty.
^_^
Best regards
Betty sales
manager
EXHIBIT E
EXHIBIT E
Case 3:18-cv-00351 Document 1-5 Filed 07/24/18 Page 2 of 3
Hello, Lyndon ~
Best regards
Betty sales
manager
To: utahpearl@msn.com
Dear Lyndon,
Good evening!
Thank you so much for your order, and hope you had a nice weekend! :) :)
Kindly check the PI enclosed, and for easy packing, I modify the quantity for some models as below:
FR-6 10PCS------20PCS
FR-7 10PCS------20PCS
If it's OK for you, dear Lyndon?
The specific CBM and weight will be provided while the cargo is ready, please don't worry about this. :) :)
Besides, I am sorry that the 2 models H-985G HVLP and H-987G HVLP are not available. :( :(
^_^
Best regards
Betty sales
manager
Case 3:18-cv-00351 Document 1-5 Filed 07/24/18 Page 3 of 3
EXHIBIT F
Screenshot of http://www.italcojet.com/
EXHIBIT F
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Case 3:18-cv-00351 Document 1-7 Filed 07/24/18 Page 1 of 2
EXHIBIT G
Screenshot of http://www.auarita.com/
EXHIBIT G
Too gl0baf wdiY
A.Jarita Spray gun w11Tq1-Hld ITALt:D
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