Handstands Promo v. Remington Indus. - Complaint

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TENNESSEE
HANDSTANDS PROMO, LLC, a Utah

limited liability company,
Plaintiff,
v. Case No. _______
REMINGTON INDUSTRIES, INC., a

Tennessee corporation,
Defendant.
COMPLAINT
Plaintiff Handstands Promo, LLC (hereinafter “Plaintiff” or “Handstands”), by and
through its counsel, hereby files this Complaint with Jury Demand against Defendant Remington
Industries, Inc. (“Defendant” or “Remington”).
Plaintiff complains and alleges as follows:
PARTIES, JURISDICTION, AND VENUE
1. Handstands is a Utah limited liability company having a principal place of
business at 102 West 12200 South, Draper Utah 84020.
2. Upon information and belief, Defendant is a Tennessee corporation with its
principal place of business at 8822 Production Lane, Suite 101, Ooltewah, Tennessee 37363.
3. Plaintiff brings this action under U.S. patent laws, 35 U.S.C. §§ 1 et seq., and U.S.
trademark laws, 15 U.S.C. §§ 1051 et seq.
Case 1:20-cv-00086-PLR-CHS Document 1 Filed 04/03/20 Page 1 of 19 PageID #: 1

4. This Court has subject matter jurisdiction over this action under 28 U.S.C. §§
1331, 1332, 1338 and 1367.
5. This Court has supplemental jurisdiction over any state law, or statutory and
common law claims pursuant to 28 U.S.C. § 1367.
6. Upon information and belief, this Court has specific personal jurisdiction over
Defendant because Defendant resides in Tennessee.
7. Upon information and belief, Defendant maintains an office in the state of
Tennessee and has substantial, continuous contacts with the state of Tennessee. Accordingly,
this Court has general personal jurisdiction over the Defendant.
8. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391 and § 1400 at
least because Defendant has committed acts of infringement in this district, has a regular and
established place of business in this district, conducts business in this district directly related to
the patents at issue in this case, is subject to the court’s personal jurisdiction in this case, and a
substantial part of the infringing activity giving rise to the Plaintiff’s causes of action occurred in
this judicial district.
BACKGROUND
9. Handstands is an industry leader in developing, manufacturing, marketing,
distributing, and selling various phone, tablet and automotive accessories and other products,
including frictional holding pads for removably attaching items, such as cell phones or digital
music players, to a surface, such as an automobile dashboard.

10. One of Handstands’ frictional holding devices is marketed as Sticky Pad® and is
shown below.
11. Another of Handstands’ frictional holding pad devices is marketed as RoadsterTM
and is shown below.

Handstands’ Frictional Holding Device Intellectual Property
12. Handstands has been awarded and is the owner of many patents relating to and
covering its frictional holding devices. Among the patents that Handstands has been awarded are
U.S. Patent Nos. 7,125,602 (the “’602 Patent”), 7,252,867 (the “’867 Patent”) and D739,396 (the
“’396 Patent”) (together, the “Patents-in-Suit”), attached as Exhibits 1-3, respectively.
13. In accordance with 35 U.S.C. § 287, Handstands has given notice to the public of
the Patents-in-Suit by duly and properly marking all articles covered by these patents that have
been sold, offered for sale, or imported by Handstands, including with prominent marking on
Handstands’ website.
14. Handstands’ Sticky Pad® and RoadsterTM products are well-known in the
industry, such that Handstands’ competitors are very likely to have seen its products, including
the patent markings.
15. Handstands is the owner of United States Trademark Registration Number
3,273,026 (hereinafter referred to as the “'026 Registration”) directed to the configuration of a
removable non-slip surface for use in vehicles to hold objects on a dashboard. The mark consists
of a product configuration which comprises a pad having a generally rectangular shape wherein
the pad has rounded corners, inwardly tapered long sides and outwardly tapered short sides
(hereinafter referred to as the “Pad Product Configuration”). The mark has been in continual use
with the associated goods since at least as early as December, 2001. A copy of United States
Trademark Registration Number 3,273,026 is attached hereto as Exhibit 4.
16. As part of its branding, Handstands employs a generally rectangular shape
comprising rounded corners, inwardly tapered long sides and outwardly tapered short sides as
part of its Sticky Pad® branding.

17. The Sticky Pad® product has proven to be a very successful product. As such,
Handstands has significant common law rights associated with the product configuration of the
Sticky Pad® throughout the United States
Remington Infringes Handstands’ Intellectual Property
18. Remington is in the business of making, using, selling, offering for sale, and/or
importing into the United States a variety of automobile accessories.
19. Remington’s products are sold through online retailers, including at and
www.amazon.com, and in brick and mortar stores, including Fleet Farm, where they are
purchased by consumers throughout the United States.
20. Upon information and belief, Remington manufactures, markets, and sells a
frictional pad product known as a Dash Pad (hereinafter “Accused Pad Product”). An example
of the Accused Pad Product is shown below.

21. Upon information and belief, Remington manufactures, markets, and sells a
frictional pad product known as a Smart Phone Dash Mount (hereinafter “Accused Holder
Product”). An example of the Accused Holder Product is shown below.

22. Upon information and belief, Remington has knowledge of Handstands’ Sticky
Pad® and RoadsterTM products because, among other reasons, Handstands’ products are
prominent on Amazon.com, the same channel used by Remington to sell its various products.

Handstands asserts that there is a reasonable inference that Remington has had knowledge of the
Patents-in-Suit prior to the filing of this Complaint, and has also had knowledge that the Accused
Holder Product and Accused Pad Product infringe the Patents-in-Suit.
23. Remington has not obtained permission from Handstands to use any of the rights
attendant to the Patents-in-Suit or the ‘026 Registration in connection with the Accused Holder
Product or the Accused Pad Product.
24. By reason of Remington’s infringing acts, Handstands has suffered damage in an
amount to be proven at trial. The harm to Handstands from Remington’s infringing activities is
not fully compensable by monetary damages, and Handstands will continue to suffer irreparable
harm unless Remington’s infringing conduct is enjoined.
25. Upon information and belief, Remington acted in an objectively reckless manner
with respect to Handstands’ patent rights. Upon information and belief, Remington has made,
sold, offered to sell, and/or imported into the United States the Accused Holder Product and
Accused Pad Product knowing that it was highly likely that its acts would infringe the Patents-in-
Suit. As a result, Remington has engaged in willful infringement of the Patents-in-Suit, and
Handstands is therefore entitled to treble damages, interest, costs, and attorney’s fees in
accordance with 35 U.S.C. §§ 284 and 285.
FIRST CAUSE OF ACTION

(Infringement of the ‘602 Patent)
26. Plaintiff hereby incorporates and realleges paragraphs 1-25 of this Complaint.
27. Upon information and belief, the Accused Pad Product infringes at least one claim
of the ‘602 Patent.
28. Upon information and belief, by making, using, selling, offering for sale, and/or
importing into the United States the Accused Pad Product, Remington has in the past, does now,

and continues to directly infringe, contributorily infringe, and/or induce others to infringe the
claims of the ‘846 patent literally and/or under the doctrine of equivalents, in violation of 35
U.S.C. § 271.
29. Claim 1 of the ‘602 Patent recites:
A frictional holding device in combination with a dashboard or console of a vehicle and

receives and secures an item thereon, the combination comprising:
(a) a dashboard or console of a vehicle;
(b) a pad having a bottom disposed on the dashboard or console of the vehicle,
and a top;
(b) the top having a contoured top surface extending over a majority of the top;
(d) the top surface including a plurality of protrusions or indentations;
(e) the bottom having a bottom surface smoother than the top surface and
configured to contact and frictionally cling to the vehicle surface; and
(f) an item, removably disposed on the top surface of the pad, the item being
selected from the group consisting of: a cell phone, a personal digital assistant, a
writing instrument, a pen, a pencil, sunglasses, eye glasses, a global positioning
system, a radio, a two-way radio, a citizens band radio, a walkie-talkie, a camera,
a video recorder, a cassette player/recorder, a mini-cassette recorder, a DVD
player, a mini-disk player, and a portable television.
30. A claim chart cross referencing the elements of Claim 1 with an explanation of
the infringing aspects of the Accused Pad Product is attached hereto as Exhibit 5 and is
incorporated by reference herein.
31. Upon information and belief, Remington’s customers and others are using the
Accused Pad Product and at no time has Handstands granted Remington’s customers and other
users of the Accused Pad Product permission to practice the claims of the ‘602 Patent.
32. Accordingly, Remington’s customers and users of the Accused Pad Product have
infringed and are directly infringing the ‘602 Patent.

33. Upon information and belief, Remington knew about the ‘602 Patent at least
because it knew of Handstands’ products and its patent marking, and Remington knew that its
actions constituted infringement of the ‘602 Patent.
34. Upon information and belief, the packaging and/or manuals for Remington’s
Accused Pad Product instruct customers and other users on how to use the Accused Pad Product.
35. Upon information and belief, Remington has induced and is inducing its
customers and other users of the Accused Pad Product to infringe claims of the ‘602 Patent.
36. Furthermore, upon information and belief, the features provided by the Accused
Pad Product are material to practicing the ‘602 Patent and do not have a substantial non-
infringing use.
37. Accordingly, Remington has contributed and is contributing to the infringement
38. By reason of Remington’s infringement of the claims of the ‘602 Patent alleged
herein, Handstands has suffered damage in an amount to be proven at trial. The harm to
Handstands from Remington’s infringing activities are not fully compensable by monetary
damages, and Handstands will continue to suffer irreparable harm unless Remington’s infringing
conduct is enjoined.
sold, offered to sell, and/or imported into the United States the Accused Pad Product knowing
that it was highly likely that its acts would infringe the ‘602 Patent. As a result, Remington has
engaged in willful infringement of the ‘602 Patent, and Handstands is therefore entitled to treble
damages, interest, costs, and attorney’s fees in accordance with 35 U.S.C. §§ 284 and 285.
10

SECOND CAUSE OF ACTION
41. Upon information and belief, the Accused Pad Product infringes at least one claim
importing into the United States the Accused Pad Product, Remington has in the past, does now,
and continues to directly infringe, contributorily infringe, and/or induce others to infringe the
claims of the ‘867 patent literally and/or under the doctrine of equivalents, in violation of 35
U.S.C. § 271.
43. Claim 1 of the ‘867 Patent recites:
A frictional holding device in combination with a dashboard or console of a vehicle and

receives and secures an item thereon, the combination comprising:
a) a dashboard or console of a vehicle;
b) a pad having different top and bottom surfaces, the bottom surface is disposed
on and frictionally clings to the dashboard or console of the vehicle;
c) at least a substantial portion of the top surface is a contoured top surface with a
plurality of protrusions or indentations; and
d) an item, removably disposed on and frictionally clings to the top surface of the
pad, the item is selected from the group consisting of: a cell phone, a personal
digital assistant, a writing instrument, a pen, a pencil, sunglasses, eye glasses, a
global positioning system, a radio, a two-way radio, a citizens band radio, a
walkie-talkie, a camera, a video recorder, a cassette player/recorder, a mini-
cassette recorder, a DVD player, a mini-disk player, and a portable television.
44. A claim chart cross referencing the elements of Claim 1 with an explanation of
the infringing aspects of the Accused Pad Product is attached hereto as Exhibit 6 and is
incorporated by reference herein.
11

45. Upon information and belief, Remington’s customers and others are using the
Accused Pad Product and at no time has Handstands granted Remington’s customers and other
users of the Accused Pad Product permission to practice the claims of the ‘867 Patent.
46. Accordingly, Remington’s customers and users of the Accused Pad Product have
infringed and are directly infringing the ‘867 Patent.
47. Upon information and belief, Remington knew about the ‘867 Patent at least
because it knew of Handstands’ products and its patent marking, and Remington knew that its
actions constituted infringement of the ‘867 Patent.
48. Upon information and belief, the packaging and/or manuals for Remington’s
Accused Pad Product instruct customers and other users on how to use the Accused Pad Product.
49. Upon information and belief, Remington has induced and is inducing its
customers and other users of the Accused Pad Product to infringe claims of the ‘867 Patent.
50. Furthermore, upon information and belief, the features provided by the Accused
Pad Product are material to practicing the ‘867 Patent and do not have a substantial non-
infringing use.
51. Accordingly, Remington has contributed and is contributing to the infringement
12

THIRD CAUSE OF ACTION

55. Upon information and belief, at the Accused Holder Products infringe at least one
embodiment of the ‘396 Patent.
importing into the United States the Accused Holder Products, Defendant has in the past, does
now, and continues to directly infringe, contributorily infringe, and/or induce others to infringe
the ornamental design covered by the ‘396 Patent in violation of 35 U.S.C. § 271.
57. A side-by-side comparison of Fig. 1 of the ‘396 Patent to the Accused Holder
Product is shown below.
13

58. Defendant infringes the ‘396 Patent because, inter alia, in the eye of an ordinary
observer, giving such attention as purchaser usually gives, the ornamental design of the ‘396 and
the designs of the Accused Holder Products are substantially the same, the resemblance being
such as to deceive an ordinary observer, inducing him to purchase one supposing it to be the
other.
14

FOURTH CAUSE OF ACTION

(Trademark Infringement of the ‘026 Registration)
62. The Accused Pad Product is virtually identical to Handstands’ goods using the
Pad Product Configuration. As such, Remington’s use of goods having a generally rectangular
shape comprising rounded corners, inwardly tapered long sides and outwardly tapered short sides
is likely to cause confusion, or to cause mistake, or to deceive consumers in light of Handstands’
'026 Registration product configuration.
63. Through these activities, Remington has infringed Handstands’ trademark rights
under the Lanham Act, 15 U.S.C. §1114(a).
64. Handstands has suffered actual damages, including lost profits, as a result of
trademark infringement by Remington in an amount to be proven at trial. Additionally, the harm
to Handstands arising from these acts by Remington is not fully compensable by money
damages. Handstands has suffered, and continues to suffer, irreparable harm that has no
15

adequate remedy at law and that will continue unless this infringing conduct by Remington is
preliminarily and permanently enjoined.
65. Since Remington’s Accused Pad Product competes directly with the very popular
Handstands’ Sticky Pad® product and products using the '026 Registration product
configuration, Remington was surely familiar with the '026 Registration product configuration,
and Remington’s continued unauthorized use of the product configuration is willful and
intentional. As a result, Handstands is further entitled to treble damages and an award of costs
and attorneys’ fees.
FIFTH CAUSE OF ACTION

(Lanham Act Unfair Competition)
67. Remington has used in interstate commerce the Accused Pad Product, which
employs a product configuration having a generally rectangular shape comprising rounded
corners, inwardly tapered long sides and outwardly tapered short sides in connection with non-
slip pad products, which use is likely to cause confusion, or to cause mistake, or to deceive as to
the affiliation, connection, association, origin, sponsorship, or approval of their goods and
commercial activities in light of Handstands’ '026 Registration product configuration.
68. Through these activities, Remington has engaged in unfair competition under the
Lanham Act, 15 U.S.C. §1125(a)(1)(A).
69. Handstands has suffered actual damages as a result of unfair competition by
Remington in an amount to be proven at trial. Additionally, the harm to Handstands arising from
these acts by Remington is not fully compensable by money damages. Handstands has suffered,
and continues to suffer, irreparable harm that has no adequate remedy at law and that will
continue unless this unfair conduct by Remington is preliminarily and permanently enjoined.
16

70. Since Remington’s Accused Pad Product competes directly with the very popular
Handstands’ Sticky Pad® product and products using the '026 Registration product
configuration, Remington was surely familiar with the '026 Registration product configuration,
and Remington’s continued unauthorized use of the product configuration is willful and
intentional. As a result, Handstands is further entitled to treble damages and an award of costs
and attorneys’ fees.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor
and award Plaintiff relief as follows:
A. A judgment that Defendant is liable to Plaintiff for infringing the claims of the
Patents-in-Suit either directly and/or by the doctrine of equivalents;
B. A judgment that Defendant is liable to Plaintiff for contributory infringement
and/or induced infringement of the Patents-in-Suit.
C. A judgment that Defendant’s use of the Pad Product Configuration is likely to
cause confusion with Handstands’ ‘026 Registration and results in trademark infringement in
violation of the Lanham Act 15 U.S.C. 114(1) and common law.
D. A judgment that Defendant’s use of the Pad Product Configuration is likely to
cause confusion with Handstands’ ‘026 Registration and results in unfair competition in violation
of the Lanham Act 15 U.S.C. 114(1), and common law.
E. Preliminary and permanent injunctions against Defendant, its officers, agents,
servants, employees, successors, assigns and all other persons in active concert or participation
with any of them, enjoining them from directly or indirectly infringing in any manner the claims
of the Patents-in-Suit;
17

F. Preliminary and permanent injunctions against Defendant, its officers, agents,
servants, employees, successors, assigns and all other persons in active concert or participation
with any of them, enjoining them from using in commerce any mark or product configuration
that infringes, is likely to cause confusion with, or competes unfairly with Handstands’ ‘026
Registration product configuration;
G. A judgment granting Plaintiff damages adequate to compensate it for Defendant’s
infringement of the Patents-in-Suit, including an award of Defendant’s total profits in accordance
with 35 U.S.C. § 289, in amounts to be proven at trial;
H. An order finding that Defendant willfully infringed the Patents-in-Suit, that this is
an exceptional case, and award Plaintiff enhanced damages, costs, and attorney’s fees in
accordance with 35 U.S.C. § 285 or other applicable law;
I. A judgement granting Plaintiff damages adequate to compensate it for
Defendant’s infringement of and unfair competition related to the Pad Product Configuration and
the ‘026 Registration;
J. Such other and further relief as shall seem just and proper to the Court under the
circumstances.
JURY DEMAND
Plaintiff demands that all claims and causes of action raised in this Complaint be tried to a
jury to the fullest extent possible under the United States and Tennessee Constitutions.
18

DATED this 3rd day of April, 2020.
LUEDEKA NEELY GROUP, P.C.
/s/ Michael J. Bradford \

Michael J. Bradford, BPR #22,689
P. O. Box 1871
Knoxville, TN 37901-1871
Phone: 865-546-4305
Fax: 865-523-4478
Email: MBradford@Luedeka.com
Attorneys for Plaintiff Handstands Promo, LLC
19

Exhibit 1
Case 1:20-cv-00086-PLR-CHS Document 1-1 Filed 04/03/20 Page 1 of 40 PageID #: 20

US007125602B2
(12) United States Patent (10) Patent No.: US 7,125,602 B2

Wheatley (45) Date of Patent: *Oct. 24, 2006
(54) FRICTIONAL HOLDING PAD 2,466,502 A 4, 1949 Stiller
2,642,248. A 6/1953 Semon
(75) Inventor: Alan J. Wheatley, Draper, UT (US) 3,654,047 A 4, 1972 Berkowitz
4,749,222 A 6/1988 Idland ........................ 296,152
(73) Assignee: American Covers, Inc., Draper, UT 4,862,944. A * 9/1989 Hendershot ............ 160/370.21
(US) 4,944.311 A 7/1990 Eldridge, Jr. et al.
5,036,866 A 8/1991 Eldrige, Jr. et al.
(*) Notice: Subject to any disclaimer, the term of this 5,358,094. A * 10/1994 Molinaro ..................... 40,524
patent is extended or adjusted under 35 5,638,249 A * 6/1997 Rubino ....................... 361,225
U.S.C. 154(b) by 289 days. 5,899,010 A * 5/1999 Peck ................ ... 40,618
6,640.477 B1 * 1 1/2003 Timpson et al. .............. 40,591
This patent is subject to a terminal dis- 6,673.409 B1* 1/2004 Wheatley ................... 428/40.1
claimer. 2005/01996.68 A1* 9/2005 Wheatley .................... 224/483
(21) Appl. No.: 10/684,008
OTHER PUBLICATIONS
(22) Filed: Oct. 10, 2003
Crown Products 2002.
(65) Prior Publication Data FNN- Fleet NewsNet: Company car fleet management solutions pp.
US 2004/0O84492 A1 May 6, 2004 1-4. Roadtest (www.fleetnewsnet.co.uk) Jun. 2000.
General Electric “Friciton Pad Kit' Instructions Field Made for
Related U.S. Application Data MPD, MPD Friction Pad, Aug. 19, 1988.
(62) Division of application No. 10/209,948, filed on Jul. * cited by examiner
30, 2002, now Pat. No. 6,673,409. Primary Examiner Nasser Ahmad
(60) Provisional application No. 60/344,571, filed on Dec. (74) Attorney, Agent, or Firm Thorpe North & Western
28, 2001, provisional application No. 60/308,955,
filed on Jul. 31, 2001. (57) ABSTRACT
(51) Int. Cl. Africtional holding pad for removably attaching items. Such
B32B 3/30 (2006.01)
(52) U.S. Cl. .................... 428/156; 296/97.3; 296/97.7; as a cell phone, to a Surface, such as a dash, to allow storage
296/97.9; 428/147; 428/158; 428/160; 428/192: of items on the pad to prevent the items from shifting or
428/194; 428/922 sliding due to the movement of the Support Surface. A
bottom Surface of the pad is tacky to cling to the Surface and
(58) Field of Classification Search ............... 428/40.1, a top Surface is tacky to cling to the item. A lowermost
428/42.1, 131, 192, 41.3, 41.5, 156, 158, contact Surface of the pad can have a greater Surface area
428/160, 141,922: 296/97.3, 97.7, 97.9 than an uppermost contact Surface. Indicia can be formed on
See application file for complete search history. the pad. The pad can be translucent or transparent. The pad
(56) References Cited can include an expanded vinyl material or a polyurethane
material.
U.S. PATENT DOCUMENTS
2,128,118 A 8, 1938 Burford 46 Claims, 3 Drawing Sheets

U.S. Patent Oct. 24, 2006 Sheet 1 of 3 US 7,125,602 B2
18
- 22
2Zz
FIG 2

U.S. Patent Oct. 24, 2006 Sheet 2 of 3
2%
NNNN 2NNNYNN NYNNNNNNNNNNNNNNY

U.S. Patent Oct. 24, 2006 Sheet 3 of 3 US 7,125,602 B2
34
20
36
F.G. 5 22
1O
FG. 6

US 7,125,602 B2
1. 2
FRCTIONAL HOLDING PAD that they are typically customized to hold a particular item,
or type of item, and are ill suited for other items. For
This application is a division of U.S. patent application example, a mounting device for a cell phone may not
Ser. No. 10/209,948, filed Jul 30, 2002 now U.S. Pat. No. adequately hold Sunglasses. Thus, it may be necessary to
6,673,409; which claims the benefit of U.S. Provisional have several mounting devices within the vehicle, one for a
Patent Application Nos. 60/308.955, filed Jul. 31, 2001, and cell phone, one for Sunglasses, one for a GPS unit, etc. One
60/344,571, filed Dec. 28, 2001, is claimed. disadvantage with having several mounting devices is that
the vehicle appears cluttered. In addition, Such mounting
BACKGROUND OF THE INVENTION devices are typically sold as accessories, and thus add
10 expense. Another disadvantage with Such mounting devices
1. Field of the Invention is that they can permanently alter and devalue the vehicle.
The present invention relates generally to a frictional
holding pad or material, particularly useful to releasably SUMMARY OF THE INVENTION
secure an object from movement in a vehicle. More particu
larly, the present invention relates to an expanded vinyl 15 It has been recognized that it would be advantageous to
frictional holding material configured to non-chemically develop a system and method to releaseably secure items to
adhering to a planar or contoured Support Surface. a surface without permanently altering the Surface. In addi
2. Related Art tion, it has been recognized that it would be advantageous to
It is often desirable to non-permanently adhere a first develop a system and method to releaseably secure items to
object to a second object, but retain the option of removing a surface in a vehicle without permanently altering the
the first object without damaging either object. Conventional vehicle surface, and allowing for ready retrieval of the
adhesive devices, however, often utilize a chemical bond object. In addition, it has been recognized that it would be
that is permanent in nature so that removal of the adhesive advantageous to develop Such a system and method capable
device either damages the object on which it was used, or of being used with various different items. In addition, it has
leaves a residue on the object that is difficult to remove 25 been recognized that it would be advantageous to develop
without damaging the object. Similarly, mechanical retain Such a system and method capable of providing advertise
ing devices often are mounted to an object in Such a way as ment, and/or personalization or customization.
to permanently alter the object. There are also magnetic The invention provides a frictional holding device con
devices in which two pieces are glued to the dash and phone, figured to be disposed on a vehicle or other surface and to
and then magnetically couple together. 30 receive and secure an item thereon. The device includes a
Additionally, many items carried in day-to-day life must pad with a bottom disposed on the vehicle Surface, and a top
often be temporarily stored to free an individuals hands for to removably receive the item thereon. The top has an
other tasks. One common example of Such a situation arises uppermost contact Surface to contact and frictionally cling to
when an individual enters a vehicle. Items such as cell the item. The bottom has a lowermost contact surface to
phones, personal digital assistants, writing instruments or 35 contact and frictionally cling to the vehicle surface. The
glasses must be stored in order to free the hands of the lowermost contact surface has a greater Surface area than the
individual so that he or she may operate the vehicle. In many uppermost contact Surface. Thus, the pad can cling with
cases, however, an individual may wish to have ready access greater force to the surface of the vehicle while an item is
to the items should the items be quickly needed, for instance removed from the pad.
if a call is received on the cell phone. Because most vehicles 40 In accordance with a more detailed aspect of the present
involve stop-and-go or side-to-side motion, placing Such invention, the pad can be bendable and includes a flexible
items on open surfaces raises the risk that the items will slide material to conform the pad to changes in the vehicle
off the open surface during operation of the vehicle. The Surface.
movement of Such items can cause damage to the item itself. In accordance with another more detailed aspect of the
damage to the vehicle or interior accessories, and posses a 45 present invention, the bottom surface of the pad can be
safety problem. For example, a cell phone may break if it substantially flat, while the top surface can include a plu
falls to the floor, or may fall onto another object, such as a rality of indentations and protrusions. The protrusions can
laptop computer, causing further damage. In addition, a have an upper Surface area to form the uppermost contact
driver may be distracted by trying to retrieve the phone from Surface. Thus, the protrusions can form the greater Surface
the floor. Hence, storing such items on open Surfaces is 50 area for the bottom surface. The top surface of the pad can
generally not a viable option. be less tacky than the bottom surface so that an item can be
While most vehicles include storage locations for such removed without removing the pad from the vehicle surface.
personal items, storing the items generally requires the The bottom surface of the pad can be smoother than the top
inconvenience of opening a compartment. Such as a glove Surface to improve the tackiness or cling of the bottom
box in an automobile, and storing the items along with the 55 Surface.
other items already contained within the compartment. Once In accordance with another more detailed aspect of the
stored in Such compartments, items are not visible to an present invention, a plurality of holes can be formed around
individual and are not easily accessible should the individual at least a portion of a perimeter of the pad. The holes can
wish to quickly access the items. give the appearance of a seam.
Various solutions to the problem have been proposed. 60 In accordance with another more detailed aspect of the
Most notably, special mounting devices have been used to present invention, indicia can be formed on the pad. The
secure items in the car. Such mounting devices typically indicia can include a logo, an advertisement, an instruction,
have a base that is secured to Some object in the vehicle, and a promotion, a company name, or a product name. The top
a receiving portion to receive and hold the item. For Surface of the pad can include at least two sections. A first
example, some devices are configured to receive and hold a 65 section can be substantially flat and can have the indicia
cell phone. Other devices are configured to receive and hold thereon. A second section can be contoured to receive the
Sunglasses. One disadvantage with Such mounting devices is item thereon.
US 7,125,602 B2
3 4
In accordance with another more detailed aspect of the a global positioning system (GPS), a radio, a two-way radio,
present invention, a removable backing layer can be remov a citizens band (CB) radio, a walkie-talkie, a camera, a video
ably coupled to the bottom surface of the pad. A removable recorder, a cassette player/recorder, a mini-cassette recorder,
wrapper can be formed around the pad and the backing layer. a DVD player, a mini-disk player, a portable television (TV),
The removable backing layer can resist the bottom surface etc. Securing personal items in a vehicle is one field that may
of the pad from coupling to the wrapper. benefit from use of the present invention. It will be appre
In accordance with another more detailed aspect of the ciated that other items can be selectively secured to the
present invention, the pad can include an expanded vinyl surface 16 by the pad 10. In addition, it will be appreciated
material. In accordance with another more detailed aspect of that the pad can be disposed on other Surfaces.
the present invention, the pad can include a molded poly 10 The frictional holding pad 10 has an upper or uppermost
urethane material. surface 20 and a lower surface 22. The upper surface 20 is
In accordance with another more detailed aspect of the holds one or more objects 14 securely in place despite
present invention, at least a portion of the pad can be at least movement of the surface 16 or vehicle. The lower surface 22
translucent. Thus, details of the vehicle surface can be is disposed on and grips the surface 16. The lower surface 22
viewed through the pad. Indicia can be formed on the bottom 15 of the frictional holding pad 10 can be “tacky', such that the
surface of the pad, and can be visible through the at least a pad 10 tends to cling to the surface 16 in a mechanical
portion of the pad that is at least translucent. Thus, the pad fashion, as opposed to a chemical or adhesive manner. The
can protect the indicia. lower Surface 22 also can be Smoother than the upper Surface
Additional features and advantages of the invention will 20, or have a more shiny appearance.
be apparent from the detailed description which follows, In addition, the lower Surface 22 can have a greater
taken in conjunction with the accompanying drawings, surface area in contact with the surface 16 to provide a
which together illustrate, by way of example, features of the greater frictional engagement. The upper Surface 20 can
invention. have less surface area in contact with the object 14 to
provide less frictional engagement. Thus, the pad 10 remains
BRIEF DESCRIPTION OF THE DRAWINGS 25 on the surface 16 when the object 14 is removed, rather than
removing the pad from the surface while the object is
FIG. 1 is a perspective view of a frictional holding pad in removed from the pad. The upper surface 20 can have
accordance with an embodiment of the present invention, contours or texture (indicated at 21) formed thereon to
shown disposed on a dashboard of a vehicle and with a reduce the surface area of the upper surface 20 in contact
cellular phone disposed thereon; 30 with the item 14 disposed thereon. Thus, the item 14 can be
FIG. 2 is a cross-sectional view of the frictional holding removed from the pad 10 without the pad sticking to the item
pad of FIG. 1; or being removed from the surface 16.
FIG. 3 is a detailed, partial cross-sectional view of the The frictional holding pad 10 can be flexible and capable
frictional holding pad of FIG. 1; of bending (indicated at 23 in FIG. 2) to conform to curves
FIG. 4 is a detailed, partial cross-sectional view of the 35 or details in the surface 16. The frictional holding pad 10
frictional holding pad of FIG. 1 with a release layer and a also can have a planer configuration and can be used on
wrapper in accordance with an embodiment of the present planar surfaces. The frictional holding pad 10 can be pro
invention; vided in an original planar configuration, Supported by a
FIG. 5 is a detailed cross-sectional view of the frictional paper backing or release layer 24. The release layer 24
holding pad of FIG. 1; and 40 prevents or resists the pad 10 or lower surface 22 from
FIG. 6 is a cross-sectional view of another frictional Sticking or clinging to any wrapper or packaging of the pad.
holding pad in accordance with another embodiment of the The release layer 24 may be stiffer than the pad to maintain
present invention, shown disposed on a dashboard of a the pad in a planar configuration. In addition, the release
vehicle and with a cellular phone disposed thereon. layer 24 can include indicia thereon, Such as instructions for
45 use and care of the pad. The release layer 24 can include a
DETAILED DESCRIPTION tab 25 protruding therefrom beyond a perimeter of the pad
10 to facilitate removal of the release layer from the pad.
Reference will now be made to the exemplary embodi Upon removal of the release layer 24, the pad 10 is flexible
ments illustrated in the drawings, and specific language will to enable conformity with a wide array of curved surfaces.
be used herein to describe the same. It will nevertheless be 50 In addition, removal of the release layer 24 exposes the
understood that no limitation of the scope of the invention is lower surface 22 of the pad to be disposed on the surface 16.
thereby intended. Alterations and further modifications of A removable wrapper 26 can be formed around the pad 10
the inventive features illustrated herein, and additional and the backing layer 24 to protect the pad prior to use. The
applications of the principles of the inventions as illustrated wrapper 26 and backing layer 24 can be removed prior to
herein, which would occur to one skilled in the relevant art 55 placing the pad on the Surface 16.
and having possession of this disclosure, are to be consid The upper surface 20 of the pad 10 can be non-chemically
ered within the scope of the invention. adhered to items 14 placed thereon. Like the bottom surface
As illustrated in FIGS. 1–5, a frictional holding pad, 22, the upper surface 20 can be “tacky', such that the pad 10
indicated generally at 10, in accordance with the present tends to cling to the item 14 in a mechanical fashion, as
invention is shown for releasably retaining, or selectively 60 opposed to a chemical or adhesive manner. As stated above,
maintaining, an item 14 on a surface 16. The pad 10 is the upper surface 20 can be contoured to include protrusions
disposed on the surface 16, and receives the item 14 thereon. 30 and/or indentations 32. The protrusions 30 and indenta
The Surface 16 can be planer or curved, and can include a tions 32 can be rounded or curvilinear to form a more
dashboard or console of a vehicle. The item 14 can be any gradual transition between the protrusions and indentations,
of a number of items, including for example, a cell phone, 65 and create a contour on the upper Surface 20 that is wavy or
a personal digital assistant (PDA), a writing instrument. Such with a more natural appearance, creating a leather-like
as a pen or pencil, a pair of Sunglasses, a pair of eyeglasses, texture that can match the surface 16. The contour of the
US 7,125,602 B2
5 6
Surface 20 creates an uppermost Surface on the tops of the In addition, a perforated pattern can be formed in the pad
protrusions 30 that contacts the item 14. The upper or 10 to give the impression of a Stitching. For example, a
uppermost surface 20 thus has less Surface area in contact plurality of holes 44 can beformed around a perimeter of the
with the item 14 than the lower surface 22 has in contact pad near the edge to give the appearance of a stitched edge
with the Surface 16. Thus, a greater clinging force is exerted that can be more visually consistent with the surface 16. The
on the item 14 than on the surfaced 16 such that the item 14 pad 10 can be die cut from a larger sheet of material. The
can be removed from the pad 10 or upper surface 20 without perforated pattern can similarly be formed by a die.
removing the pad from the surface 16. In addition, the item The frictional holding pad 10 also can include indicia 52
14 can be smaller than the pad itself, thus also contributing formed on the upper surface 20. The indicia 52 can be
to less surface contact between the upper surface 20 and the 10 formed by ink, or ink-like materials, printed on the upper
item 14. Surface. The indicia 52 can include: a logo, an advertise
Referring to FIG. 5, an array or matrix of a plurality of ment, an instruction, a promotion, a company name, and a
indentations 34 can be formed in the upper surface 20 of the product name. Thus, the frictional holding pad 10 can be
pad 10 creating a plurality of protrusions 36 therebetween. used as a promotional item by including a business or
The indentations 34 and protrusions 36 can be more straight, 15 product logo or name. It will be appreciated that Such
linear or recta-linear to create a more modern appearance. frictional holding pads can be inexpensively manufactured,
The pad 10 can be formed of or can include an expanded and in use, can occupy a position of high and frequent
vinyl material. It has been found that the expanded vinyl visibility. Thus, such frictional holding pads can be inex
material provides a good frictional or “tacky quality that pensively manufacture, and given away as promotional
remains disposed on the Surface, and that retains the items items. In addition, the indicia 52 can include instructions
thereon. In addition, it has been found that Such an expanded that can be related or unrelated to the use or care of the pad.
vinyl material typically can be disposed on the surface 16 For example, the instructions can include how to use or
without marring or otherwise chemically interfering with the place the pad, and how to clean or wash the pad. As another
material of many surfaces, such as vehicle dashboards. It example, the instructions can relate to the use of something
will be appreciated that many surfaces, such as a vehicle 25 other than the pad itself. Such as an item to be disposed
dashboard, have a finished surface configured to be aestheti thereon. Thus, the pad serves dual functions, both as a
cally pleasing and luxurious. Such surfaces can be formed of frictional holding pad to secure and item, and providing
a plastic or leather material, and can be expensive to replace ready instructions. The instructions can relate to the use of
or repair. In addition, it will be appreciated that some the item to be disposed thereon. Thus, Such a pad can be
Surfaces are subjected to extreme condition, such as heat and 30 provided with an item, or provided for use with such an item.
sunlight. It has been found that the expanded vinyl material For example, the instructions can relate to the use of a
not only provides the required retention of objects and fixed cellular phone. In addition, the indicia can include warning,
relationship with the surface, but also typically does so Such as warning not to drive while talking on the phone.
without chemically interacting with the material of surface, 35
Referring to FIG. 6, another frictional holding pad, indi
or otherwise damage the Surface. cated generally at 110, is shown which is similar in many
The expanded vinyl material of the frictional holding pad respects to the frictional holding pad described above and
10 forms a temporary non-chemical bond with both 1) the shown in the other drawings. The pad 110 can be translucent
items 14 stored on the upper surface 20, and 2) the surface or transparent. Thus, surface details 114 on the surface 16
16. The pad 10 can be removed from the surface 16 without 40
can be viewed or are visible through the pad 110 (indicated
leaving behind any residue and without damaging the pad. at 116 in FIG. 6). The translucent or transparent nature of the
In this manner the pad 10 can be easily moved to any pad 110 can make the pad blend-in or match the surface 16
location the user desires. Because the pad is made from because of the surface details 114 showing through the pad.
expanded vinyl, it can be easily cleaned with Soap and water, If the pad is translucent, it can also include a light coloring.
and still retain its tackiness, and is thus reusable. Such coloring can help visually distinguish the pad 110 from
45
The expanded vinyl material more specifically can the surface 16. Thus, a translucent pad can both blend with
include: diisodecy/phlthalate; polymeric plasticer; a UV the surface while still being visually distinguishable there
from.
stabilizer; a vinyl hear stabilizer; a blowing agent for vinyl
plastisol; and vinyl resin (plastic). The expanded vinyl The pad 110 can be formed of, or can include, a translu
material can have a weight between approximately 10 and 50
cent or transparent material. For example, the pad 110 can
20 ounces per square yard; more preferably between include a molded polyurethane material. It has been found
approximately 12 and 18 ounces per square yard; and most that the polyurethane material provides both a frictional or
preferably between approximately 14 and 16 ounces per “tacky' quality that remains disposed on the Surface, and
square yard. The frictional holding pad 10 can have a that is transparent or translucent. In addition, the polyure
thickness between approximately 0.03 and 0.09; more pref 55
thane material can be easily cleaned with soap and water.
erably between approximately 0.04 and 0.08 inches; and The pad 110 also can include indicia 52 formed thereon.
most preferably between approximately 0.05 and 0.06 The indicia 52 can be formed on the bottom surface 22 of the
inches. pad 110 and still be visible because the pad is translucent or
The frictional holding pad 10 can be formed of different transparent. Forming the indicia 52 on the bottom surface 22
layers with different materials. For example, the pad 10 can 60 of the pad can also protect the indicia from wear or removal.
have a skin layer 40 formed on the bottom surface 22 formed The pad 110 also can include a printable portion or section
of a different material than the rest of the pad. For example, 120 that can include a substantially flat area on the upper
the material of the skin layer 40 can include: aqua ammonia surface 20. Thus, the upper surface 20 can be substantially
(NH4OH); azardine; rubber; color; and body for thickening. contoured, but still have a flat printable portion or section
The skin layer 28 can have a thickness between 0.003 and 65 120 for indicia 52.
The pad 110 preferably has a low profile, or is thin, having
0.006 inches, and more preferably between 0.004 and 0.005
inches. a thickness of less than approximately /8th of an inch. Thus,
US 7,125,602 B2
7 8
the items 14 are kept close to the surface 16 without advertisement, an instruction, a promotion, a company
extending where they might interfere with the operation of name, and a product name.
the vehicle. 6. A device in accordance with claim 1, wherein the top
Thus, the pad 110 can be a thin sheet of polyurethane Surface includes at least two sections, including a first
material with a Substantially smooth and continuous lower section that is substantially flat and has indicia thereon, and
Surface 22 with a tacky characteristic to non-chemically and a second section that is contoured and configured to receive
removably adhere to the surface 16, and a contoured upper the item thereon.
Surface 20 also with a tacky characteristic to non-chemically 7. A device in accordance with claim 1, wherein the pad
and removably adhere to an item. The pad or polyurethane includes an expanded vinyl material.
material can be translucent or transparent, and can include 10 8. A device in accordance with claim 1, wherein the pad
printing on either the upper or lower Surface. includes a polyurethane material.
The frictional holding pads described above can be sized 9. A device in accordance with claim 1, wherein at least
and shaped to match the desired Surface. For example, the a portion of the pad is at least translucent.
pads can be sized to receive the above identified objects 10. A device in accordance with claim 9, further com
thereon, and to fit on typical dashboards. As an example, a 15 prising indicia, formed on the bottom surface of the pad, and
size less than seven inches has been found to be useful. In visible through the pad.
addition, the pads can be sized or shaped to match other 11. A method for releasably securing an item on a dash
designs, such as logos. board or console of a vehicle without marring or altering the
It is to be understood that the above-referenced arrange dashboard or console of the vehicle, comprising the steps of
ments are only illustrative of the application for the prin a) placing a frictional holding pad on the dashboard or
ciples of the present invention. Numerous modifications and console of the vehicle, the frictional holding pad hav
alternative arrangements can be devised without departing 1ng:
from the spirit and scope of the present invention while the a contoured top surface having a plurality of indenta
present invention has been shown in the drawings and fully tions and protrusions and extending over a majority
described above with particularity and detail in connection 25 of the frictional holding pad with an uppermost
with what is presently deemed to be the most practical and contact Surface;
preferred embodiments(s) of the invention, it will be appar a lowermost contact Surface contacting and frictionally
ent to those of ordinary skill in the art that numerous clinging to the dashboard or console of the vehicle
modifications can be made without departing from the without marring or altering the dashboard or console
principles and concepts of the invention as set forth in the 30 of the vehicle:
claims. a bottom of the pad being smoother than the top
What is claimed is: surface;
1. A frictional holding device in combination with a the lowermost contact Surface having a greater Surface
dashboard or console of a vehicle and receives and secures area than the uppermost contact Surface; and
an item thereon, the combination comprising: 35 b) placing the item on the uppermost contact Surface of
(a) a dashboard or console of a vehicle: the contoured top surface of the frictional holding pad,
(b) a pad having a bottom disposed on the dashboard or the uppermost contact Surface of the frictional holding
console of the vehicle, and a top; pad frictionally clinging to the item; and
(c) the top having a contoured top Surface extending over c) removing the item from the uppermost contact surface
a majority of the top; 40 of the frictional holding pad while the frictional holding
(d) the top surface including a plurality of protrusions or pad remains on the dashboard or console of the vehicle:
indentations; and
(e) the bottom having a bottom surface smoother than the d) the item being selected from the group consisting of a
top surface and configured to contact and frictionally cellular phone, Sun glasses, eyeglasses, a global posi
cling to the vehicle Surface; and 45 tioning system, a two-way radio, a personal digital
(f) an item, removably disposed on the top surface of the assistant, a writing instrument, a citizens band radio, a
pad, the item being selected from the group consisting walkie-talkie, a camera, a video camera, a video
of a cell phone, a personal digital assistant, a writing recorder, a CD player, a DVD player, a portable tele
instrument, a pen, a pencil, Sunglasses, eye glasses, a vision, and a portable radio.
global positioning system, a radio, a two-way radio, a 50 12. A method in accordance with claim 11, further com
citizens band radio, a walkie-talkie, a camera, a video prising the step of
recorder, a cassette player/recorder, a mini-cassette operating the vehicle Such that the vehicle Surface moves,
recorder, a DVD player, a mini-disk player, and a with the item secured to and moving with the dash
portable television. board or console of the vehicle by the frictional holding
2. A device in accordance with claim 1, wherein the 55 pad.
contoured top surface has an uppermost Surface area less 13. A method accordance with claim 11, wherein the
than a lowermost surface area of the bottom. lowermost contact surface of the frictional holding pad
3. A device in accordance with claim 1, wherein the pad clings to the dashboard or console of the vehicle more than
is bendable and includes a flexible material configured to the uppermost contact Surface of the frictional holding pad
conform the pad to changes in the vehicle Surface. 60 clings to the item.
4. A device in accordance with claim 1, wherein the 14. A method in accordance with claim 11, wherein the
bottom surface of the pad is tacky; and wherein the top step of placing the frictional holding pad on the dashboard
Surface is less tacky than the bottom Surface. or console of the vehicle further comprises the step of:
5. A device in accordance with claim 1, further compris bending the frictional holding pad to conform the fric
ing: 65 tional folding pad to changes in the dashboard or
indicia, formed on the top surface of the pad, the indicia console of the vehicle, the frictional holding pad
being selected from the group consisting of a logo, an including a flexible material.
US 7,125,602 B2
9 10
15. A method in accordance with claim 11, further com (a) a dashboard or console of a vehicle:
prising the step of (b) a pad having a bottom disposed on the dashboard or
removing a backing layer from the lowermost contact console of the vehicle, and a top;
Surface of the frictional holding pad prior to placing the (c) the top having a contoured top surface including a
frictional holding pad on the dashboard or console of 5 plurality of indentations or protrusions; and
the vehicle. (d) at least a portion of the pad being at least translucent;
16. A method for releasably securing an item on a and
dashboard or console of a vehicle without marring or (e) an item, removably disposed on the top surface of the
altering the dashboard or console of the vehicle, comprising pad, the item being selected from the group consisting
the steps of: 10 of a cell phone, a personal digital assistant, a writing
a) placing a frictional holding pad on the dashboard or instrument, a pen, a pencil, Sunglasses, eye glasses, a
console of the vehicle, the frictional holding pad global positioning system, a radio, a two-way radio, a
including at least a portion that is at least translucent, citizens band radio, a walkie-talkie, a camera, a video
the frictional holding pad having an upper Surface recorder, a cassette player/recorder, a mini-cassette
having a plurality of indentations and protrusions, and 15 recorder, a DVD player, a mini-disk player, and a
a bottom surface frictionally clinging to the dashboard portable television.
or console of the vehicle without marring or altering the 24. A device in accordance with claim 23, wherein the
dashboard or console of the vehicle; contoured top surface extends across a majority of the top.
b) placing an item on the upper Surface of the frictional 25. A frictional holding device in combination on a
holding pad, the upper Surface of the frictional holding dashboard or console of a vehicle and receives and secures
pad frictionally clinging to the item; and an item thereon, the combination comprising:
c) removing the item from the upper Surface of the a) a dashboard or console of a vehicle:
frictional holding pad while the frictional holding pad b) a pad having a bottom disposed on the dashboard or
remains on the dashboard or console of the vehicle; and console of the vehicle, and a top configured to remov
d) the item being selected from the group consisting of a 25 ably receive the item thereon;
cellular phone, Sun glasses, eyeglasses, a global posi c) the top having a contoured top Surface extending over
tioning system, a two-way radio, a personal digital a majority of the top configured to contact and fric
assistant, a writing instrument, a citizens band radio, a tionally cling to the item;
walkie-talkie, a camera, a video camera, a video d) the top Surface including a plurality of protrusions or
recorder, a CD player, a DVD player, a portable tele 30 indentations;
vision, and a portable radio. e) the bottom having a bottom surface smoother than the
17. A method in accordance with claim 16, wherein the top surface contacting and frictionally clinging to the
step of placing the frictional holding pad further includes dashboard or console of the vehicle; and
placing a frictional holding pad with a contoured top surface f) the item is removably secured to the top surface of the
with an uppermost contact Surface and a lowermost contact 35 pad.
Surface, the lowermost contact Surface having a greater 26. A device in accordance with claim 25, wherein the
Surface area than the uppermost contact surface. contoured top surface has an uppermost Surface area less
18. A method in accordance with claim 16, further com than a lowermost surface area of the bottom.
prising the step of 27. A device in accordance with claim 25, wherein the pad
viewing the dashboard or console of the vehicle through 40 is bendable and includes a flexible material configured to
the at least a portion of the frictional holding pad that conform the pad to changes in the dashboard or console of
is at least translucent. the vehicle.
19. A method in accordance with claim 16, further com 28. A device in accordance with claim 25, wherein the
prising the step of bottom surface of the pad is tacky; and wherein the top
operating a vehicle Such that the dashboard or console of 45 Surface is less tacky than the bottom Surface.
the vehicle moves, with the item secured to and moving 29. A device in accordance with claim 25, further com
with the dashboard or console of the vehicle by the prising:
frictional holding pad. indicia, formed on the top Surface of the pad, the indicia
20. A method in accordance with claim 16, wherein the being selected from the group consisting of a logo, an
bottom surface of the frictional holding pad clings to the 50 advertisement, an instruction, a promotion, a company
dashboard or console of the vehicle more than the upper name, and a product name.
Surface of the frictional holding pad clings to the item. 30. A device in accordance with claim 25, wherein the top
21. A method in accordance with claim 16, wherein the Surface includes at least two sections, including a first
step of placing the frictional holding pad on the dashboard section that is substantially flat and has indicia thereon, and
or console of the vehicle further comprises the step of: 55 a second section that is contoured and configured to receive
bending the frictional holding pad to conform the fric the item thereon.
tional folding pad to changes in the dashboard or 31. A device in accordance with claim 25, wherein the pad
console of the vehicle, the frictional holding pad includes an expanded vinyl material.
including a flexible material. 32. A device in accordance with claim 25, wherein the pad
22. A method in accordance with claim 16, further com 60 includes a polyurethane material.
prising the step of 33. A device in accordance with claim 25, wherein at least
removing a backing layer from the bottom Surface of the a portion of the pad is at least translucent.
frictional holding pad prior to placing the frictional 34. A device in accordance with claim 33, further com
holding pad on the dashboard or console of the vehicle. prising indicia, formed on the bottom surface of the pad, and
23. A frictional holding device in combination with a 65 visible through the pad.
dashboard or console of a vehicle and receives and secures 35. A device in accordance with claim 25, further com
an item thereon, the combination comprising: prising:
US 7,125,602 B2
11 12
an item, removably disposed on the top surface of the pad, 40. A device in accordance with claim 36, further com
the item being selected from the group consisting of a prising:
cellphone, a personal digital assistant, a writing instru indicia, formed on the top Surface of the pad, the indicia
ment, a pen, a pencil, Sunglasses, eyeglasses, a global being selected from the group consisting of a logo, an
positioning system, a radio, a two-way radio, a citizens 5 advertisement, an instruction, a promotion, a company
band radio, a walkie-talkie, a camera, a video recorder, name, and a product name.
a cassette player/recorder, a mini-cassette recorder, a 41. A device in accordance with claim 36, wherein the top
DVD player, a mini-disk player, and a portable televi Surface includes at least two sections, including a first
sion. section that is substantially flat and has indicia thereon, and
36. A frictional holding device in combination a dash 10 a second section that is contoured and configured to receive
board or console of a vehicle and receives and secures an the item thereon.
item thereon, the combination comprising: 42. A device in accordance with claim 36, wherein the pad
a) a dashboard or console of a vehicle: includes an expanded vinyl material.
b) a pad having a bottom disposed on the dashboard or 43. A device in accordance with claim 36, wherein the pad
console of the vehicle, and a top configured to remov 15 includes a polyurethane material.
ably receive the item thereon; 44. A device in accordance with claim 36, wherein at least
c) the top having a contoured top surface configured to a portion of the pad is at least translucent.
contact and frictionally cling to the item, and including 45. A device in accordance with claim 44, further com
a plurality of indentations or protrusions; and prising indicia, formed on the bottom surface of the pad, and
d) at least a portion of the pad being at least translucent; visible through the pad.
and 46. A device in accordance with claim 36, further com
e) the item is removably secured to the top surface of the prising:
pad. an item, removably disposed on the top surface of the pad,
37. A device in accordance with claim 36, wherein the the item being selected from the group consisting of a
contoured top surface has an uppermost Surface area less 25 cell phone, a personal digital assistant, a writing instru
than a lowermost surface area of the bottom. ment, a pen, a pencil, Sunglasses, eyeglasses, a global
38. A device in accordance with claim 36, wherein the pad positioning system, a radio, a two-way radio, a citizens
is bendable and includes a flexible material configured to band radio, a walkie-talkie, a camera, a video recorder,
conform the pad to changes in the dashboard or console of a cassette player/recorder, a mini-cassette recorder, a
the vehicle. 30 DVD player, a mini-disk player, and a portable televi
39. A device in accordance with claim 36, wherein the S1O.
bottom surface of the pad is tacky; and wherein the top
Surface is less tacky than the bottom Surface.

Exhibit 2

US007252867B2
(12) United States Patent (10) Patent No.: US 7.252,867 B2

Wheatley (45) Date of Patent: *Aug. 7, 2007
(54) FRICTIONAL HOLDING PAD 2,466,502 A 4, 1949 Stiller
2,642,248 A 6, 1953 Semon
(75) Inventor: Alan J. Wheatley, Draper, UT (US) 3.654,047 A 4, 1972 Berkowitz
(73) Assignee: American Covers, Inc., Draper, UT 4,749,222 A 6, 1988 Idland
(US) 4,944,311 A 7/1990 Eldridge, Jr. et al.
5,036,866 A 8/1991 Eldrige, Jr. et al.
(*) Notice: Subject to any disclaimer, the term of this 5,358,094. A 10/1994 Molinaro
patent is extended or adjusted under 35 5,638,249 A 6, 1997 Rubino
U.S.C. 154(b) by 161 days. 6,673.409 B1* 1/2004 Wheatley ................... 428/40.1
This patent is Subject to a terminal dis- 2004/0084492 A1* 5/2004 Wheatley .................... 224/483
claimer.
(21) Appl. No.: 11/021,560

OTHER PUBLICATIONS
(22) Filed: Dec. 22, 2004
O O FNN-Fleet NewsNet: Company car fleet management solutions pp.
(65) Prior Publication Data 1-4. Roadtest (www.fleetnewsnet.co.uk).
US 2005/O1996.68 A1 Sep. 15, 2005 General Electric “Friction Pad Kit' Instructions Field Made for
Related U.S. Application Data MPD, MPD Friction Pad, Aug. 19, 1988.
(60) Continuation-in-part of application No. 10/684,008, * cited by examiner
filed on Oct. 10, 2003, now Pat. No. 7,125,602, which Primary Examiner Nasser Ahmad
is a division of application No. 10/209.948, filed on 74). A A Fi Th North & West
Jul. 30, 2002, now Pat. No. 6,673,409. ttorney, Agent, or Firm—Thorpe No estern,
(60) Provisional application No. 60/344,571, filed on Dec.
28, 2001, provisional application No. 60/308,955, (57) ABSTRACT
filed on Jul. 31, 2001.
(51) Int. Cl. Africtional holding pad for removably attaching items. Such
B32B 3/30 (2006.01) as a cell phone, to a Surface, such as a dash, to allow storage
(52) U.S. Cl. ................... 428/40.1; 296/97.3; 296/97.7; of items on the pad tO prevent the items from shifting O
296/97.9; 428.3: $28,542: 2428-56, sliding due to the movement of the Support Surface. A
428,157, 428,160; 428/192: 428/194; 428/922 bottom Surface of the pad is tacky to cling to the Surface and
(58) Field of Classification Search ............... 428/40.1, a top Surface is tacky to cling to the item. A lowermost
428/42.1, 192, 194, 41.3, 41.5, 156, 158, contact Surface of the pad can have a greater Surface area
428/160,922: 296/973, 97.7, 97.9 than an uppermost contact Surface. Indicia can be formed on
See application file for complete search history. the pad. The pad can be translucent or transparent. The pad
(56) References Cited can include an expanded vinyl material or a polyurethane
material.
U.S. PATENT DOCUMENTS
2,128,118 A 8, 1938 Burford 20 Claims, 5 Drawing Sheets

U.S. Patent Aug. 7, 2007 Sheet 1 of 5 US 7.252,867 B2
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zZzz
Fig. 2

U.S. Patent Aug. 7, 2007 Sheet 3 of 5 US 7.252,867 B2

U.S. Patent Aug. 7, 2007 Sheet 4 of 5 US 7,252,867 B2
322 326
318

U.S. Patent Aug. 7, 2007 Sheet S of 5 US 7.252,867 B2
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418

US 7,252,867 B2
1. 2
FRCTIONAL HOLDING PAD or type of item, and are ill suited for other items. For
example, a mounting device for a cell phone may not
This is a continuation-in-part of U.S. patent application adequately hold Sunglasses. Thus, it may be necessary to
Ser. No. 10/684,008, filed Oct. 10, 2003, now U.S. Pat. No. have several mounting devices within the vehicle, one for a
7,125,602; which is a divisional of Ser. No. 10/209,948, now cell phone, one for Sunglasses, one for a GPS unit, etc. One
U.S. Pat. No. 6,673,409, filed Jul. 30, 2002; which claims disadvantage with having several mounting devices is that
benefit of U.S. Provisional Patent Application Nos. 60/308, the vehicle appears cluttered. In addition, Such mounting
955, filed Jul. 31, 2001, and 60/344,571, filed Dec. 28, 2001,
is claimed. devices are typically sold as accessories, and thus add
10 expense. Another disadvantage with Such mounting devices
BACKGROUND OF THE INVENTION is that they can permanently alter and devalue the vehicle.
1. Field of the Invention SUMMARY OF THE INVENTION
The present invention relates generally to a frictional
holding pad, particularly useful to releasably secure an 15
object, such as from movement in a vehicle. It has been recognized that it would be advantageous to
2. Related Art develop a system and method to releaseably secure items to
It is often desirable to non-permanently adhere a first a surface without permanently altering the Surface. In addi
object to a second object, but retain the option of removing tion, it has been recognized that it would be advantageous to
the first object without damaging either object. Conventional develop a system and method to releaseably secure items to
adhesive devices, however, often utilize a chemical bond a surface in a vehicle without permanently altering the
that is permanent in nature so that removal of the adhesive vehicle surface, and allowing for ready retrieval of the
device either damages the object on which it was used, or object. In addition, it has been recognized that it would be
leaves a residue on the object that is difficult to remove advantageous to develop Such a system and method capable
without damaging the object. Similarly, mechanical retain 25
of being used with various different items. In addition, it has
ing devices often are mounted to an object in Such a way as been recognized that it would be advantageous to develop
to permanently alter the object. There are also magnetic
devices in which two pieces are glued to the dash and phone, Such a system and method capable of providing advertise
and then magnetically couple together. ment, and/or personalization or customization.
Additionally, many items carried in day-to-day life must 30 The invention provides a frictional holding device to be
often be temporarily stored to free an individual’s hands for disposed on a vehicle Surface and to receive and secure an
other tasks. One common example of such a situation arises item thereon. The device includes a pad having different top
when an individual enters a vehicle. Items such as cell
phones, personal digital assistants, writing instruments or and bottom surfaces. The bottom surface is to be disposed on
glasses must be stored in order to free the hands of the 35 the vehicle surface, and the top is to removably receive the
individual so that he or she may operate the vehicle. In many item thereon. At least a substantial portion of the top surface
cases, however, an individual may wish to have ready access is a contoured top surface with a plurality of protrusions or
to the items should the items be quickly needed, for instance indentations.
if a call is received on the cell phone. Because most vehicles In accordance with another aspect of the present inven
involve stop-and-go or side-to-side motion, placing Such 40 tion, the bottom surface can include a contoured bottom
items on open surfaces raises the risk that the items will slide Surface with a plurality of protrusions or indentations. In
off the open surface during operation of the vehicle. The addition the bottom Surface can have a lowermost contact
movement of Such items can cause damage to the item itself. Surface to contact and frictionally cling to the vehicle
damage to the vehicle or interior accessories, and posses a Surface. The contoured top surface can have an uppermost
safety problem. For example, a cell phone may break if it 45 contact Surface that is less than the lowermost contact
falls to the floor, or may fall onto another object, such as a surface of the bottom surface.
laptop computer, causing further damage. In addition, a
driver may be distracted by trying to retrieve the phone from In accordance with another aspect of the present inven
the floor. Hence, storing such items on open Surfaces is tion, the contoured top Surface can define an item receiving
generally not a viable option. 50 area extending at least Substantially across the top of the pad.
While most vehicles include storage locations for such In accordance with another aspect of the present inven
personal items, storing the items generally requires the tion, at least a portion of the pad is at least translucent. In
inconvenience of opening a compartment. Such as a glove another aspect, the pad is at least translucent. The pd can be
box in an automobile, and storing the items along with the formed of polyurethane.
other items already contained within the compartment. Once 55 The invention also provides a method for releasably
stored in Such compartments, items are not visible to an securing an item on a vehicle Surface without marring or
individual and are not easily accessible should the individual altering the vehicle Surface. A frictional holding pad is
wish to quickly access the items.
Various solutions to the problem have been proposed. placed on the vehicle surface with a lowermost contact
Most notably, special mounting devices have been used to 60 Surface of the frictional holding pad contacting and friction
secure items in the car. Such mounting devices typically ally clinging to the vehicle Surface without marring or
have a base that is secured to Some object in the vehicle, and altering the vehicle Surface. An item is placed on an upper
a receiving portion to receive and hold the item. For most contact Surface of a contoured top surface of the
example, some devices are configured to receive and hold a frictional holding pad with the uppermost contact Surface of
cell phone. Other devices are configured to receive and hold 65 the frictional holding pad frictionally clinging to the item.
Sunglasses. One disadvantage with Such mounting devices is The uppermost contact Surface is formed by indentations or
that they are typically customized to hold a particular item, protrusions in the contoured top Surface. The contoured top
US 7,252,867 B2
3 4
Surface extends Substantially across a top of the frictional invention is shown for releasably retaining, or selectively
holding pad. The lowermost contact surface has a greater maintaining, an item 14 on a Surface 16. The pad 10 is
Surface area than the uppermost contact Surface. The item disposed on the surface 16, and receives the item 14 thereon.
can be removed from the uppermost contact Surface of the The Surface 16 can be planer or curved, and can include a
frictional holding pad while the frictional holding pad dashboard or console of a vehicle. The item 14 can be any
remains on the vehicle Surface. of a number of items, including for example, a cell phone,
In accordance with another aspect of the present inven a personal digital assistant (PDA), a writing instrument. Such
tion, the vehicle surface can be viewed through at least a as a pen or pencil, a pair of Sunglasses, a pair of eyeglasses,
portion of the frictional holding pad that is at least translu a global positioning system (GPS), a radio, a two-way radio,
Cent. 10 a citizens band (CB) radio, a walkie-talkie, a camera, a video
Additional features and advantages of the invention will recorder, a cassette player/recorder, a mini-cassette recorder,
be apparent from the detailed description which follows, a DVD player, a mini-disk player, a portable television (TV),
taken in conjunction with the accompanying drawings, etc. Securing personal items in a vehicle is one field that may
which together illustrate, by way of example, features of the benefit from use of the present invention. It will be appre
invention. 15 ciated that other items can be selectively secured to the
surface 16 by the pad 10. In addition, it will be appreciated
BRIEF DESCRIPTION OF THE DRAWINGS that the pad can be disposed on other Surfaces.
The frictional holding pad 10 has an upper or uppermost
FIG. 1 is a perspective view of a frictional holding pad in surface 20 and a lower surface 22. The upper surface 20 is
accordance with an embodiment of the present invention, holds one or more objects 14 securely in place despite
shown disposed on a dashboard of a vehicle and with a movement of the surface 16 or vehicle. The lower surface 22
cellular phone disposed thereon; is disposed on and grips the surface 16. The lower surface 22
FIG. 2 is a cross-sectional view of the frictional holding of the frictional holding pad 10 can be “tacky', such that the
pad of FIG. 1; pad 10 tends to cling to the surface 16 in a mechanical
FIG. 3 is a detailed, partial cross-sectional view of the 25 fashion, as opposed to a chemical or adhesive manner. The
frictional holding pad of FIG. 1; lower Surface 22 also can be Smoother than the upper Surface
FIG. 4 is a detailed, partial cross-sectional view of the 20, or have a more shiny appearance.
frictional holding pad of FIG. 1 with a release layer and a In addition, the lower Surface 22 can have a greater
wrapper in accordance with an embodiment of the present surface area in contact with the surface 16 to provide a
invention; 30 greater frictional engagement. The upper Surface 20 can
FIG. 5 is a detailed cross-sectional view of the frictional have less surface area in contact with the object 14 to
holding pad of FIG. 1; provide less frictional engagement. Thus, the pad 10 remains
FIG. 6 is a cross-sectional view of another frictional on the surface 16 when the object 14 is removed, rather than
holding pad in accordance with another embodiment of the removing the pad from the surface while the object is
present invention, shown disposed on a dashboard of a 35 removed from the pad. The upper surface 20 can have
vehicle and with a cellular phone disposed thereon; contours or texture (indicated at 21) formed thereon to
FIG. 7 is a top view of another frictional holding pad in reduce the surface area of the upper surface 20 in contact
accordance with an embodiment of the present invention; with the item 14 disposed thereon. Thus, the item 14 can be
FIG. 8 is a top view of another frictional holding pad in removed from the pad 10 without the pad sticking to the item
accordance with an embodiment of the present invention 40 or being removed from the surface 16.
shown with a corner pulled-up to reveal a bottom surface; The frictional holding pad 10 can be flexible and capable
FIG. 9 is a detailed, partial cross-sectional side view of the of bending (indicated at 23 in FIG. 2) to conform to curves
frictional holding pad of FIG. 8: or details in the surface 16. The frictional holding pad 10
FIG. 10 is a perspective view of the frictional holding pad also can have a planer configuration and can be used on
of either of FIG. 7 or 8, shown disposed on a dashboard of 45 planar surfaces. The frictional holding pad 10 can be pro
a vehicle and with a cellular phone disposed thereon; vided in an original planar configuration, Supported by a
FIG. 11 is a top view of another frictional holding pad in paper backing or release layer 24. The release layer 24
accordance with an embodiment of the present invention; prevents or resists the pad 10 or lower surface 22 from
and Sticking or clinging to any wrapper or packaging of the pad.
FIG. 12 is a perspective view of the frictional holding pad 50 The release layer 24 may be stiffer than the pad to maintain
of FIG. 11, shown disposed on a dashboard of a vehicle and the pad in a planar configuration. In addition, the release
with a cellular phone disposed thereon. layer 24 can include indicia thereon, Such as instructions for
use and care of the pad. The release layer 24 can include a
DETAILED DESCRIPTION tab 25 protruding therefrom beyond a perimeter of the pad
55 10 to facilitate removal of the release layer from the pad.
Reference will now be made to the exemplary embodi Upon removal of the release layer 24, the pad 10 is flexible
ments illustrated in the drawings, and specific language will to enable conformity with a wide array of curved surfaces.
be used herein to describe the same. It will nevertheless be In addition, removal of the release layer 24 exposes the
understood that no limitation of the scope of the invention is lower surface 22 of the pad to be disposed on the surface 16.
thereby intended. Alterations and further modifications of 60 A removable wrapper 26 can be formed around the pad 10
the inventive features illustrated herein, and additional and the backing layer 24 to protect the pad prior to use. The
applications of the principles of the inventions as illustrated wrapper 26 and backing layer 24 can be removed prior to
herein, which would occur to one skilled in the relevant art placing the pad on the Surface 16.
and having possession of this disclosure, are to be consid The upper surface 20 of the pad 10 can be non-chemically
ered within the scope of the invention. 65 adhered to items 14 placed thereon. Like the bottom surface
As illustrated in FIGS. 1–5, a frictional holding pad, 22, the upper surface 20 can be “tacky', such that the pad 10
indicated generally at 10, in accordance with the present tends to cling to the item 14 in a mechanical fashion, as
US 7,252,867 B2
5 6
opposed to a chemical or adhesive manner. As stated above, preferably between approximately 14 and 16 ounces per
the upper surface 20 can be contoured to include protrusions square yard. The frictional holding pad 10 can have a
30 and/or indentations 32. The protrusions 30 and indenta thickness between approximately 0.03 and 0.09; more pref
tions 32 can be rounded or curvilinear to form a more erably between approximately 0.04 and 0.08 inches; and
gradual transition between the protrusions and indentations, most preferably between approximately 0.05 and 0.06
and create a contour on the upper Surface 20 that is wavy or inches.
with a more natural appearance, creating a leather-like The frictional holding pad 10 can be formed of different
texture that can match the surface 16. The contour of the layers with different materials. For example, the pad 10 can
Surface 20 creates an uppermost Surface on the tops of the have a skin layer 40 formed on the bottom surface 22 formed
protrusions 30 that contacts the item 14. The upper or 10 of a different material than the rest of the pad. For example,
uppermost surface 20 thus has less Surface area in contact the material of the skin layer 40 can include: aqua ammonia
with the item 14 than the lower surface 22 has in contact (NH4OH); azardine; rubber; color; and body for thickening.
with the Surface 16. Thus, a greater clinging force is exerted The skin layer 28 can have a thickness between 0.003 and
on the item 14 than on the surfaced 16 such that the item 14 0.006 inches, and more preferably between 0.004 and 0.005
can be removed from the pad 10 or upper surface 20 without 15 inches.
removing the pad from the surface 16. In addition, the item In addition, a perforated pattern can be formed in the pad
14 can be smaller than the pad itself, thus also contributing 10 to give the impression of a Stitching. For example, a
to less surface contact between the upper surface 20 and the plurality of holes 44 can beformed around a perimeter of the
item 14. pad near the edge to give the appearance of a stitched edge
The contour, or protrusions or indentations, can extend at that can be more visually consistent with the surface 16. The
least substantially across the top of the pad, as shown in FIG. pad 10 can be die cut from a larger sheet of material. The
1. Thus, the contour extends into an interior region of the perforated pattern can similarly be formed by a die.
pad. The contoured top Surface defines an item receiving The frictional holding pad 10 also can include indicia 52
area where the item can be placed. The item receiving area formed on the upper surface 20. The indicia 52 can be
thus extends at least Substantially across the top of the pad. 25 formed by ink, or ink-like materials, printed on the upper
The contour can be disposed on a majority of the upper Surface. The indicia 52 can include: a logo, an advertise
Surface. ment, an instruction, a promotion, a company name, and a
Referring to FIG. 5, an array or matrix of a plurality of product name. Thus, the frictional holding pad 10 can be
indentations 34 can be formed in the upper surface 20 of the used as a promotional item by including a business or
pad 10 creating a plurality of protrusions 36 therebetween. 30 product logo or name. It will be appreciated that Such
The indentations 34 and protrusions 36 can be more straight, frictional holding pads can be inexpensively manufactured,
linear or recta-linear to create a more modern appearance. and in use, can occupy a position of high and frequent
The pad 10 can be formed of or can include an expanded visibility. Thus, such frictional holding pads can be inex
vinyl material. It has been found that the expanded vinyl pensively manufactured, and given away as promotional
material provides a good frictional or “tacky quality that 35 items. In addition, the indicia 52 can include instructions
remains disposed on the Surface, and that retains the items that can be related or unrelated to the use or care of the pad.
thereon. In addition, it has been found that Such an expanded For example, the instructions can include how to use or
vinyl material typically can be disposed on the surface 16 place the pad, and how to clean or wash the pad. As another
without marring or otherwise chemically interfering with the example, the instructions can relate to the use of something
material of many surfaces, such as vehicle dashboards. It 40 other than the pad itself. Such as an item to be disposed
will be appreciated that many surfaces, such as a vehicle thereon. Thus, the pad serves dual functions, both as a
dashboard, have a finished surface configured to be aestheti frictional holding pad to secure and item, and providing
cally pleasing and luxurious. Such surfaces can be formed of ready instructions. The instructions can relate to the use of
a plastic or leather material, and can be expensive to replace the item to be disposed thereon. Thus, Such a pad can be
or repair. In addition, it will be appreciated that some 45 provided with an item, or provided for use with such an item.
Surfaces are subjected to extreme conditions, such as heat For example, the instructions can relate to the use of a
and sunlight. It has been found that the expanded vinyl cellular phone. In addition, the indicia can include warning,
material not only provides the required retention of objects Such as warning not to drive while talking on the phone.
and fixed relationship with the surface, but also typically Referring to FIG. 6, another frictional holding pad, indi
does so without chemically interacting with the material of 50 cated generally at 110, is shown which is similar in many
Surface, or otherwise damage the Surface. respects to the frictional holding pad described above and
The expanded vinyl material of the frictional holding pad shown in the other drawings. The pad 110 can be translucent
10 forms a temporary non-chemical bond with both 1) the or transparent. Thus, surface details 114 on the surface 16
items 14 stored on the upper surface 20, and 2) the surface can be viewed or are visible through the pad 110 (indicated
16. The pad 10 can be removed from the surface 16 without 55 at 116 in FIG. 6). The translucent or transparent nature of the
leaving behind any residue and without damaging the pad. pad 110 can make the pad blend-in or match the surface 16
In this manner the pad 10 can be easily moved to any because of the surface details 114 showing through the pad.
location the user desires. Because the pad is made from If the pad is translucent, it can also include a light coloring.
expanded vinyl, it can be easily cleaned with Soap and water, Such coloring can help visually distinguish the pad 110 from
and still retain its tackiness, and is thus reusable. 60 the surface 16. Thus, a translucent pad can both blend with
The expanded vinyl material more specifically can the surface while still being visually distinguishable there
include: diisodecy/phlthalate; polymeric plasticer; a UV from.
stabilizer; a vinyl hear stabilizer; a blowing agent for vinyl The pad 110 can be formed of, or can include, a translu
plastisol; and vinyl resin (plastic). The expanded vinyl cent or transparent material. For example, the pad 110 can
material can have a weight between approximately 10 and 65 include a molded polyurethane material. It has been found
20 ounces per square yard; more preferably between that the polyurethane material provides both a frictional or
approximately 12 and 18 ounces per square yard; and most “tacky' quality that remains disposed on the Surface, and
US 7,252,867 B2
7 8
that is transparent or translucent. In addition, the polyure face can have a greater Surface area than the uppermost
thane material can be easily cleaned with soap and water. contact surface of the top. For example, the protrusions 338
The pad 110 also can include indicia 52 formed thereon. of the bottom surface 334 can be larger than the protrusions
The indicia 52 can be formed on the bottom surface 22 of the 322 of the upper surface 318. Or the indentations 342 of the
pad 110 and still be visible because the pad is translucent or bottom surface 334 can be larger than the indentations 322
transparent. Forming the indicia 52 on the bottom surface 22 of the top surface 318.
of the pad can also protect the indicia from wear or removal. As shown in FIG.9, the protrusions 322 or 338 of the top
The pad 110 also can include a printable portion or section or bottom surfaces 318 or 334 can be substantially flat, or the
120 that can include a substantially flat area on the upper uppermost and lowermost contact Surfaces can be flat to
surface 20. Thus, the upper surface 20 can be substantially 10 maximize the Surface area in contact with the vehicle Surface
contoured, but still have a flat printable portion or section or item.
120 for indicia 52. Referring to FIG. 10, either pad 310 or 314 can be
The pad 110 preferably has a low profile, or is thin, having translucent or transparent, or have at least a portion that is
a thickness of less than approximately /sof an inch. Thus, at least translucent. Thus, the vehicle surface 20 or features
the items 14 are kept close to the surface 16 without 15 346 thereof can be visible through the pad so that the pad
extending where they might interfere with the operation of blends-in with the vehicle surface. The pad can formed of
the vehicle. polyurethane, which has been found to provide both tacki
Thus, the pad 110 can be a thin sheet of polyurethane ness and transparency/translucency, without marring most
material with a Substantially smooth and continuous lower vehicle surfaces. In addition, referring to FIG. 8, the con
Surface 22 with a tacky characteristic to non-chemically and toured bottom surface can be visible through the pad,
removably adhere to the surface 16, and a contoured upper indicated at 348, creating an interesting visual appearance.
Surface 20 also with a tacky characteristic to non-chemically Indicia 350 can be formed on the top surface 318 of the
and removably adhere to an item. The pad or polyurethane pad 310 or 314. The indicia can include: a logo, an adver
material can be translucent or transparent, and can include tisement, an instruction, a promotion, a company name, and
printing on either the upper or lower Surface. 25 a product name. The top surface 318 can include a first or flat
The frictional holding pads described above can be sized section 354 that is flat, and upon which the indicia 350 can
and shaped to match the desired Surface. For example, the be disposed. In addition, the top surface 318 can include a
pads can be sized to receive the above identified objects second or remaining section that is contoured and configured
thereon, and to fit on typical dashboards. As an example, a to receive the item.
size less than seven inches has been found to be useful. In 30 Referring to FIGS. 11 and 12, another frictional holding
addition, the pads can be sized or shaped to match other pad 410 is shown that is similar in most respects to those
designs, such as logos. described above, namely the frictional holding pad 10 of
Referring to FIGS. 7–10, other frictional holding pads 310 FIGS. 1-4. Again, the contoured top surface 414 can extend
and 314 are shown that are similar in most respects to those Substantially across the top Surface. The contoured top
described above. The frictional holding pad 314 can also 35 Surface can include protrusion and/or indentations that are
include a contoured bottom surface. Referring to FIG. 7, the curved or wavy. The pad can be formed of an expanded vinyl
frictional holding pad 310 is similar to the frictional holding material, and can have indicia 418 printed thereon. A perim
pad 110 shown in FIG. 6. The pad 310 has different top and eter can include holes or indentations 422 to appear as
bottom surfaces. The bottom surface can be substantially Stitching or to provide a more finished looking edge.
flat, as described above, to be disposed on the vehicle 40 A method for releasably securing an item on a vehicle
surface. Alternatively, the bottom surface can be contoured, Surface without marring or altering the vehicle Surface
as described below. The top surface 318 can be different includes placing a frictional holding pad on the vehicle
from the bottom Surface and can include a contoured top surface with a lowermost contact surface of the frictional
surface to removably receive the item. At least a substantial holding pad contacting and frictionally clinging to the
portion of the top Surface can be the contoured top surface. 45 vehicle surface without marring or altering the vehicle
The contoured top surface can include a plurality of protru Surface. The item is placed on an uppermost contact surface
sions 322 and/or indentations 326. The protrusions 322 can of a contoured top surface of the frictional holding pad with
extend from the top surface forming the indentations 326 the uppermost contact Surface of the frictional holding pad
therebetween, or the indentations 326 can extend into the top frictionally clinging to the item. The uppermost contact
surface forming the protrusions 322 therebetween. As dis 50 Surface can be formed by indentations and/or protrusions in
cussed above, the contoured top surface can be formed by an the contoured top Surface. The contoured top surface extends
array or matrix of indentations extending across a majority Substantially across a top of the frictional holding pad. The
of the top surface. lowermost contact surface has a greater Surface area than the
Also as described above, the contoured top surface has an uppermost contact surface. The item can be removed from
uppermost contact Surface that is less than a lowermost 55 the uppermost contact Surface of the frictional holding pad
contact surface the bottom Surface. In addition, the con while the frictional holding pad remains on the vehicle
toured top surface can define an item receiving area 330 that surface. In addition, the vehicle surface can be viewed
extends at least Substantially across the top or top surface through at least a portion of the frictional holding pad that
318 of the pad 310. is at least translucent.
Referring to FIGS. 8 and 9, the bottom surface 334 also It is to be understood that the above-referenced arrange
60
can be contoured and can include a contoured bottom ments are only illustrative of the application for the prin
surface. The contoured bottom surface includes a plurality of ciples of the present invention. Numerous modifications and
protrusions 338 and/or indentations 342. The protrusions alternative arrangements can be devised without departing
and indentations of the bottom surface can be similar to from the spirit and scope of the present invention while the
those of the top surface, but can provide a lowermost contact 65 present invention has been shown in the drawings and fully
Surface to contact and frictionally cling to the vehicle described above with particularity and detail in connection
surface. The lowermost contact surface of the bottom sur with what is presently deemed to be the most practical and
US 7,252,867 B2
10
preferred embodiments(s) of the invention, it will be appar 13. A device in accordance with claim 12, further com
ent to those of ordinary skill in the art that numerous prising:
modifications can be made without departing from the a removable wrapper, formed around the pad and the
principles and concepts of the invention as set forth in the backing layer prior to the pad being disposed on the
claims. 5 dashboard or console of the vehicle, the removable
What is claimed is: backing layer resisting the bottom Surface of the pad
1. A frictional holding device in combination with a from coupling to the wrapper.
dashboard or console of a vehicle and receives and secures 14. A frictional holding device in combination with a
an item thereon, the combination comprising: dashboard or console of a vehicle and receives and secures
a) a dashboard or console of a vehicle: 10 an item thereon, the combination comprising:
b) a pad having different top and bottom Surfaces, the a) a dashboard or console of a vehicle:
bottom Surface is disposed on and frictionally clings to b) a pad having different top and bottom Surfaces, the
the dashboard or console of the vehicle: bottom surface is disposed on and frictionally clings to
c) at least a Substantial portion of the top Surface is a the dashboard or console of the vehicle:
contoured top Surface with a plurality of protrusions or 15 c) at least a Substantial portion of the top surface is a
indentations; and contoured top Surface with a plurality of protrusions or
d) an item, removably disposed on and frictionally clings indentations defining an uppermost contact Surface;
to the top surface of the pad, the item is selected from d) the bottom Surface including a contoured bottom
the group consisting of a cellphone, a personal digital Surface with a plurality of protrusions or indentations
assistant, a writing instrument, a pen, a pencil, Sun defining a lowermost contact Surface;
glasses, eye glasses, a global positioning System, a e) the lowermost contact surface having a greater Surface
radio, a two-way radio, a citizens band radio, a walkie area than the uppermost contact Surface; and
talkie, a camera, a video recorder, a cassette player/ f) an item, removably disposed on and frictionally clings
recorder, a mini-cassette recorder, a DVD player, a to the top surface of the pad, the item is selected from
mini-disk player, and a portable television. 25 the group consisting of a cell phone, a personal digital
2. A device in accordance with claim 1, wherein: assistant, a writing instrument, a pen, a pencil, Sun
the bottom surface includes a contoured bottom surface glasses, eye glasses, a global positioning System, a
with a plurality of protrusions or indentations, and with radio, a two-way radio, a citizens band radio, a walkie
a lowermost contact Surface configured to contact and talkie, a camera, a video recorder, a cassette player/
frictionally cling to the dashboard or console of the 30 recorder, a mini-cassette recorder, a DVD player, a
vehicle; and mini-disk player, and a portable television.
the contoured top surface has an uppermost contact sur 15. A device in accordance with claim 14, wherein the
face that is less than the lowermost contact surface. contoured top surface defines an item receiving area extend
3. A device in accordance with claim 1, wherein the ing at least Substantially across the top of the pad.
contoured top surface defines an item receiving area extend 35 16. A device in accordance with claim 14, wherein at least
ing at least Substantially across the top of the pad. a portion of the pad is at least translucent.
4. A device in accordance with claim 1, wherein the 17. A frictional holding device in combination with a
bottom Surface has a lowermost contact Surface; and the dashboard or console of a vehicle and receives and secures
contoured top Surface has an uppermost contact Surface that an item thereon, the combination comprising:
is less than the lowermost contact surface. 40 a) a dashboard or console of a vehicle:
5. A device in accordance with claim 1, wherein at least b) a pad having different top and bottom Surfaces, the
a portion of the pad is at least translucent. bottom surface is disposed on and frictionally clings to
6. A device in accordance with claim 1, wherein the pad the dashboard or console of the vehicle:
is at least translucent. c) the pad being at least translucent;
7. A device in accordance with claim 1, wherein the pad 45 d) at least a Substantial portion of the top Surface is a
is formed of polyurethane. contoured top Surface with a plurality of protrusions or
8. A device in accordance with claim 1, wherein the indentations defining an uppermost contact Surface;
bottom Surface has a lowermost contact Surface that is flat. e) the bottom Surface including a contoured bottom Sur
9. A device in accordance with claim 1, wherein the top face with a plurality of protrusions or indentations
Surface has an uppermost contact Surface that is flat; and 50 defining a lowermost contact Surface;
wherein the contoured top Surface includes indentations. f) the lowermost contact Surface having a greater Surface
10. A device in accordance with claim 1, further com area than the uppermost contact Surface; and
prising: g) an item, removably disposed on and frictionally clings
indicia, formed on the top surface of the pad, the indicia to the top surface of the pad, the item is selected from
being selected from the group consisting of a logo, an 55 the group consisting of a cell phone, a personal digital
advertisement, an instruction, a promotion, a company assistant, a writing instrument, a pen, a pencil, Sun
name, and a product name. glasses, eye glasses, a global positioning System, a
11. A device in accordance with claim 1, wherein the top radio, a two-way radio, a citizens band radio, a walkie
Surface includes at least two sections, including a first talkie, a camera, a video recorder, a cassette player/
section that is substantially flat and has indicia thereon, and 60 recorder, a mini-cassette recorder, a DVD player, a
a second section that is contoured and configured to receive mini-disk player, and a portable television.
the item thereon. 18. A device in accordance with claim 17, wherein the
12. A device in accordance with claim 1, further com contoured top surface defines an item receiving area extend
prising: ing at least Substantially across the top of the pad.
a removable backing layer, removably coupled to the 65 19. A method of releasably securing an item on a dash
bottom Surface of the pad, prior to the pad being board or console of a vehicle without marring or altering the
disposed on the dashboard or console of the vehicle. dashboard or console of the vehicle, comprising the steps of
US 7,252,867 B2
11 12
a) placing a frictional holding pad on the dashboard or c) removing the item from the uppermost contact surface
console of the vehicle surface with a contoured bottom of the frictional holding pad while the frictional holding
Surface of the frictional holding pad contacting and pad remains on the dashboard or console of the vehicle:
frictionally clinging to the dashboard or console of the and
vehicle without marring or altering the dashboard or 5 d) the item is selected from the group consisting of a
console of the vehicle, the contoured bottom surface cellular phone, Sun glasses, eyeglasses, a global posi
including a plurality of protrusions or indentations tioning system, a two-way radio, a personal digital
defining a contoured lowermost contact surface; assistant, a writing instrument, a citizens band radio, a
b) placing the item on an uppermost contact surface of a walkie-talkie, a camera, a video camera, a video
contoured top surface of the frictional holding pad with 10 recorder, a CD player, a DVD player, a portable tele
the uppermost contact Surface of the frictional holding vision, and a portable radio.
pad frictionally clinging to the item, the uppermost 20. A method in accordance with claim 19, further com
contact Surface is formed by indentations or protrusions prising the step of
in the contoured top surface, the contoured top surface viewing the dashboard or console of the vehicle through
extending Substantially across a top of the frictional 15 at least a portion of the frictional holding pad that is at
least translucent.
holding pad, the lowermost contact surface having a
greater Surface area than the uppermost contact Surface; k k k k k

Exhibit 3

USOOD7393.96S
(12) United States Design Patent (10) Patent No.: US D739,396 S

Wheatley et al. (45) Date of Patent: Sep. 22, 2015
(54) FRCTIONAL HOLDING PAD WITH 2,466,502 A 4, 1949 Stiller
INCLINED GRIP 2,573.323 A 10, 1951 Eshelman
2,642,248 A 6, 1953 Semon
(71) Applicant: American Covers, Inc., Draper, UT 2.931,489 A 4, 1960 Farnholtz
(US) 3,654,047 A 4, 1972 Berkowitz
3,937.491 A 2/1976 Hilding
(72) Inventors: Alan J. Wheatley, Draper, UT (US);
Bryce Craig, Alpine, UT (US) (Continued)
(73) Assignee: American Covers, Inc., Draper, UT FOREIGN PATENT DOCUMENTS
(US) JP 62-266179 11, 1987
(**) Term: 14 Years KR 2001-0091060 10, 2001
(21) Appl. No.: 29/479,892 OTHER PUBLICATIONS
(22) Filed: Jan. 21, 2014
Crown Products; 2002; www.crownprod.com.
Related U.S. Application Data (Continued)
(63) Continuation of application No. 13/940,074, filed on
Jul. 11, 2013, now Pat. No. 8,851,349, which is a Primary Examiner — Susan Bennett Hattan
continuation of application No. 12/987,662, filed on Assistant Examiner — Janice Hallmark
Jan. 10, 2011, now Pat. No. 8,490,846. (74) Attorney, Agent, or Firm — Thorpe North & Western
(51) LOC (10) Cl. ................................................ 14-03 LLP
(52) U.S. C.
USPC ......................................................... D14/253 (57) CLAM
(58) Field of Classification Search The ornamental design for the frictional holding pad with
USPC .................. D14/208, 209.1, 217, 238.1, 243, inclined grip, as shown and described.
D14/250-253, 434, 440, 447, 496,
D14/203.3 203.7, 248,240, 341-347; DESCRIPTION
379/426, 446,455,433.1: D19/90, 86,
D19/87, 92; D6/553; 455/575..1, 575.8; FIG. 1 is a perspective view of the frictional holding pad with
D13/102, 108: 320/108, 115; inclined grip in accordance with our invention;
D16/242-244; 248/309.1, 371, 176.3, FIG. 2 is a right side elevation view thereof;
248/668 FIG. 3 is a left side elevation view thereof;
CPC ..... B60R 11/02; F16M2200/00; F16M 13/00 FIG. 4 is a top plan view thereof;
See application file for complete search history. FIG. 5 is a bottom plan view thereof;
FIG. 6 is a front elevation view thereof, and,
(56) References Cited FIG. 7 is a rear elevation view thereof.
U.S. PATENT DOCUMENTS The broken lines shown in FIGS. 1-4 and 7 are for illustrative
purposes only and form no part of the claimed design.
2,128,118 A 7, 1937 Burford
2,244,944 A 6/1941 Furlonge 1 Claim, 3 Drawing Sheets

US D739,396 S
Page 2
(56) References Cited 2004/0223341 A1 1 1/2004 Hsiung

2005, 0161512 A1 7/2005 Jones et al.
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D411,206 S * 6, 1999 Richter ........................ D14,253 OTHER PUBLICATIONS
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D431,250 S * 9, 2000 Richter ........................ D14.f447 FNN Fleet NewsNet: Company Car Fleet Management Solutions;
6,117,526 A 9, 2000 Marks p. 1-4; Roadtest: www.fleetnewsnet.co.uk.
6,164,213 A 12, 2000 Topps et al. http://www.bracketron.com/?catid=11: bracketron Inc.; GPS Acces
6,206,260 B1 3, 2001 Covell et al. sories; as accessed Nov. 2009; 2 pages.
D453,155 S : 1/2002 Michel ......................... D14,253 http://bracketron.com/index.php?catied=16&pid=24; Bracketron,
D456,024 S * 4, 2002 Richter ........................ D14,434 Inc.; Nav-Mat Portable GPS Dash Mount; as accessed Nov. 2009; 2
6,372,323 B1 4, 2002 Kobe et al. pageS.
6,461,709 B1 10, 2002 Janssen
6,506,271 B1 1, 2003 Yates http://www.bracketron.com/?includes/phpThumb.php Thumb.
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U.S. Patent Sep. 22, 2015 Sheet 1 of 3 US D739,396 S
ig. 3

U.S. Patent Sep. 22, 2015 Sheet 2 of 3 US D739,396S
Fig. 4

U.S. Patent Sep. 22, 2015 Sheet 3 of 3 US D739,396S
Fig. 7
Exhibit 4

Exhibit 5

Claim 1 – 7,125,602 Remington’s Product
A frictional holding device in combination with Remington’s product is a frictional pad to be
a dashboard or console of a vehicle and disposed on an upward facing support surface
receives and secures an item thereon, the of a dashboard or console, and upon which a
combination comprising: cell phone or other item is disposed and held
in a non-adhesive, non-slip, tacky fashion by
the frictional pad
(a) a dashboard or console of a vehicle; Remington’s packaging calls the product a

“Dash Pad” and says it “Sticks to dashboard.”
(b) a pad having a bottom disposed on the The Remington product has a bottom
dashboard or console of the vehicle, and a disposed on the dashboard or console and a
top; top
Top
Bottom (meant
to be disposed
on dashboard
or console)

(c) the top having a contoured top surface The Remington product has a contoured top
extending over a majority of the top; surface extending over a majority of the top
(d) the top surface including a plurality of The top surface includes a plurality of protrusions
protrusions or indentations; and a plurality of indentations
Contoured
Plurality of
top surface
protrusions and
indentations

(e) the bottom having a bottom surface The bottom of the Remington product is
smoother than the top surface and configured completely smooth and is configured to contact
to contact and frictionally cling to the vehicle and frictionally cling to the vehicle surface
surface; and (dashboard or console).
(f) an item, removably disposed on the top The Remington product packaging says it
surface of the pad, the item being selected “Secures keys, pens, phones and more for
from the group consisting of: a cell phone, a easy access.”
personal digital assistant, a writing
instrument, a pen, a pencil, sunglasses, eye
glasses, a global positioning system, a radio, a
two-way radio, a citizens band radio, a walkie-
talkie, a camera, a video recorder, a cassette
player/recorder, a mini-cassette recorder, a
DVD player, a mini-disk player, and a portable
television.

Exhibit 6

Claim 1 – 7,252,867 Remington’s Product
A frictional holding device in combination with Remington’s product is a frictional pad to be
a dashboard or console of a vehicle and disposed on an upward facing support surface
receives and secures an item thereon, the of a dashboard or console, and upon which a
combination comprising: cell phone, GPS or digital music player is
disposed and held in a non-adhesive, non-slip,
tacky fashion by the frictional pad
a) a dashboard or console of a vehicle; Remington’s packaging calls the product a
“Dash Pad” and says it “Sticks to dashboard.”

b) a pad having different top and bottom The Remington product has a different top
surfaces, the bottom surface is disposed on and bottom surface because the bottom is
and frictionally clings to the dashboard or smooth and the bottom is configured to be
console of the vehicle; disposed on the dashboard or console
Top
Bottom (meant to
be disposed on
dashboard or
console)
c) at least a substantial portion of the top The Remington product has a contoured top
surface is a contoured top surface with a surface extending over a substantial portion of
plurality of protrusions or indentations; and the top, with a plurality of protrusions and
indentations
Plurality of
protrusions and
indentiations
Contoured top
surface

d) an item, removably disposed on and The Remington product packaging says it
frictionally clings to the top surface of the pad, “Secures keys, pens, phones and more for
the item is selected from the group consisting easy access.”
of: a cell phone, a personal digital assistant, a
writing instrument, a pen, a pencil, sunglasses,
eye glasses, a global positioning system, a
radio, a two-way radio, a citizens band radio, a
walkie-talkie, a camera, a video recorder, a
cassette player/recorder, a mini-cassette
recorder, a DVD player, a mini-disk player, and
a portable television.

JS 44 (Rev. 08/18) CIVIL COVER SHEET
The 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 as
provided 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
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

Handstands Promo, LLC Remington Industries, Inc.
(b) County of Residence of First Listed Plaintiff N/A County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Michael J. Bradford
Luedeka Neely Group, P.C., P. O. Box 1871
Knoxville, TN 37901 Phone: (865) 546-4305
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
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CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 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 ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
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’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 ’ 899 Administrative Procedure
’ 245 Tort Product Liability Accommodations ’ 530 General Act/Review or Appeal of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION Agency Decision
Employment Other: ’ 462 Naturalization Application ’ 950 Constitutionality of
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration State Statutes
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 USC 271
VI. CAUSE OF ACTION Brief description of cause:
Patent Infringement
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
04/03/2020 s/Michael J. Bradford
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE

Case 1:20-cv-00086-PLR-CHS Document 1-2 Filed 04/03/20 Page 1 ofMAG.
2 JUDGE
PageID #: 60
JS 44 Reverse (Rev. 08/18)
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Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided 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 purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
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I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
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AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
Eastern District
__________ of of
District Tennessee
__________
Handstands Promo, LLC, )

)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
Remington Industries, Inc. )
)
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Remington Industries, Inc. c/o Robert L. Lockaby, Jr., Registered Agent
GEARHISER, PETERS, ELLIOTT & CANNON, PLLC
320 McCallie Ave.
Chattanooga, TN 37402-2007
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Michael J. Bradford
LUEDEKA NEELY GROUP, P.C.
P. O. Box 1871
Knoxville, TN 37901-1871
Phone: 865-546-4305
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:

Handstands Promo v. Remington Indus. - Complaint

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Handstands Promo v. Remington Indus. - Complaint

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TENNESSEE

HANDSTANDS PROMO, LLC, a Utah

REMINGTON INDUSTRIES, INC., a

Plaintiff Handstands Promo, LLC (hereinafter “Plaintiff” or “Handstands”), by and

Industries, Inc. (“Defendant” or “Remington”).

Plaintiff complains and alleges as follows:

PARTIES, JURISDICTION, AND VENUE

1. Handstands is a Utah limited liability company having a principal place of

business at 102 West 12200 South, Draper Utah 84020.

2. Upon information and belief, Defendant is a Tennessee corporation with its

trademark laws, 15 U.S.C. §§ 1051 et seq.

Case 1:20-cv-00086-PLR-CHS Document 1 Filed 04/03/20 Page 1 of 19 PageID #: 1

1331, 1332, 1338 and 1367.

common law claims pursuant to 28 U.S.C. § 1367.

Defendant because Defendant resides in Tennessee.

7. Upon information and belief, Defendant maintains an office in the state of

this Court has general personal jurisdiction over the Defendant.

this judicial district.

9. Handstands is an industry leader in developing, manufacturing, marketing,

music players, to a surface, such as an automobile dashboard.

Case 1:20-cv-00086-PLR-CHS Document 1 Filed 04/03/20 Page 2 of 19 PageID #: 2

11. Another of Handstands’ frictional holding pad devices is marketed as RoadsterTM

and is shown below.

Case 1:20-cv-00086-PLR-CHS Document 1 Filed 04/03/20 Page 3 of 19 PageID #: 3

“’396 Patent”) (together, the “Patents-in-Suit”), attached as Exhibits 1-3, respectively.

the patent markings.

15. Handstands is the owner of United States Trademark Registration Number

3,273,026 (hereinafter referred to as the “'026 Registration”) directed to the configuration of a

Trademark Registration Number 3,273,026 is attached hereto as Exhibit 4.

16. As part of its branding, Handstands employs a generally rectangular shape

part of its Sticky Pad® branding.

Case 1:20-cv-00086-PLR-CHS Document 1 Filed 04/03/20 Page 4 of 19 PageID #: 4

Sticky Pad® throughout the United States

Remington Infringes Handstands’ Intellectual Property

importing into the United States a variety of automobile accessories.

purchased by consumers throughout the United States.

of the Accused Pad Product is shown below.

Case 1:20-cv-00086-PLR-CHS Document 1 Filed 04/03/20 Page 5 of 19 PageID #: 5

Product”). An example of the Accused Holder Product is shown below.

Case 1:20-cv-00086-PLR-CHS Document 1 Filed 04/03/20 Page 6 of 19 PageID #: 6

Case 1:20-cv-00086-PLR-CHS Document 1 Filed 04/03/20 Page 7 of 19 PageID #: 7

Holder Product and Accused Pad Product infringe the Patents-in-Suit.

Product or the Accused Pad Product.

24. By reason of Remington’s infringing acts, Handstands has suffered damage in an

harm unless Remington’s infringing conduct is enjoined.

accordance with 35 U.S.C. §§ 284 and 285.

FIRST CAUSE OF ACTION

of the ‘602 Patent.

Case 1:20-cv-00086-PLR-CHS Document 1 Filed 04/03/20 Page 8 of 19 PageID #: 8

29. Claim 1 of the ‘602 Patent recites:

A frictional holding device in combination with a dashboard or console of a vehicle and

(a) a dashboard or console of a vehicle;

(d) the top surface including a plurality of protrusions or indentations;

incorporated by reference herein.

infringed and are directly infringing the ‘602 Patent.

Case 1:20-cv-00086-PLR-CHS Document 1 Filed 04/03/20 Page 9 of 19 PageID #: 9

actions constituted infringement of the ‘602 Patent.

37. Accordingly, Remington has contributed and is contributing to the infringement

of the ‘602 Patent.

Case 1:20-cv-00086-PLR-CHS Document 1 Filed 04/03/20 Page 10 of 19 PageID #: 10

of the ‘867 Patent.

43. Claim 1 of the ‘867 Patent recites:

A frictional holding device in combination with a dashboard or console of a vehicle and