Sundesa v. Harrison-Daniels - Complaint

CT- Document 1 Filed 11/10/14 Page 1 of 143 Page ID #:7
Case 2:14-cv-08713-ODW-SH
FILED
-aylor J. Wright (California State Bar No. 288609)

E-mail: twriahmahr.com
2814 NOV 10 PM 2: 29
CLErriI US. OISTIZIT
CENTRAL ws.T. e
- CALIF.
SANT
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MASCHOFF BRENNAN
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20 Pacifica, Suite 1.13()

Irvine, California 92618
Telephone: (949) 202-4900
Facsimile: (949) 453-1104
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Attorneys for Plaintiff Sundesa, LLC
UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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Sundesa, LLC, a Utah Limited Liability

Company,
CV14-08713 PA (SHx)
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Civil Action No.
Plaintiff,
v.
COMPLAINT FOR PATENT AND

TRADEMARK INFRINGEMENT
Harrison-Daniels, Inc., a Delaware

Corporation,
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Defendant.
[Demand for Jury Trial]
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Plaintiff Sundesa, LLC ("Sundesa") complains against Defendant HarrisonDaniels, Inc. ("Defendant") for the causes of action alleged as follows:
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THE PARTIES
1.
Sundesa is a limited liability company duly organized and existing under the
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laws of the State of Utah, with its principal place of business located at 250 South 850
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East Lehi, Utah 84043.
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1
COMPLAINT FOR PATENT AN[) TRADEMARK INFRINGEMENT
Case 2:14-cv-08713-ODW-SH Document 1 Filed 11/10/14 Page 2 of 143 Page ID #:8
2.
Sundesa alleges Defendant is a corporation organized and existing under the
laws of the State of Delaware with its principal place of business located at 1 Dewolf
Road #205 Old Tappan, New Jersey 07675.

JURISDICTION AND VENUE
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3.
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the United States 35 U.S.C. 1, et seq., including 35 U.S.C. 271.

4.
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This is also a civil action for trademark infringement arising under the
Lanham Act of 1946, as amended, 15 U.S.C. 114, et seq.

5.
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This is a civil action for patent infringement arising under the patent laws of
This is also a civil action for unfair competition arising under California
Bus. & Prof. Code 17200, et seq.
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6.
This is also a civil action for false marking arising under 35 U.S.C. 292.
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7.
This Court has original jurisdiction over the subject matter of this action
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pursuant to 28 U.S.C. 1331, 28 U.S.C. 1338(a), and 15 U.S.C. 1121. This Court has
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related claim jurisdiction over the state law claims pursuant to 28 U.S.C. 1338(b) and
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28 U.S.C. 1367.
8.
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This is also an action in which the matter in controversy exceeds the sum or
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value of $75,000.00, exclusive of interest and costs, and is between a citizen of the State
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of Utah and citizens of the State of New Jersey. Accordingly, this Court also has
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jurisdiction over the subject matter of this action pursuant to 28 U.S.C. 1332(a)(1).
9.
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This Court has personal jurisdiction over Defendant because Defendant has
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purposely availed itself of the privileges and benefits of the laws of the State of
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California.
10.
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Sundesa alleges, on information and belief, that Defendant has sold, or
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contracted for the sale of goods, within the State of California, to Sundesas injury, which
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relate to the claims asserted by Sundesa, and out of which Sundesas claims, in part,
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arise.
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11.
On information and belief, Defendant does, and has done, substantial
business in this judicial District, including: (i) advertising and selling infringing products,
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COMPLAINT FOR PATENT AND TRADEMARK INFRINGEMENT
including at least counterfeit shaker cups; (ii) regularly doing business, or soliciting
business, by virtue of nationwide sales and offers to sell through Defendants interactive
and commercial website, http://harrison-daniels.espwebsite.com (Defendants
Website), which directs Defendants services and products to California residents; and
(iii) engaging in other persistent courses of conduct, and/or deriving substantial revenue
from products and/or services provided to persons in this District and State.
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with the Constitutions of the United States and the State of California.
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Venue is proper in this judicial district under at least 28 U.S.C. 1391.

FACTUAL BACKGROUND
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This Courts exercise of personal jurisdiction over Defendant is consistent
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Sundesa, the global leader in portable mixing products, manufactures and
sells, inter alia, BlenderBottle and SportMixer shaker cups.

15.
Sundesas technological innovations are protected by, inter alia, a portfolio
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of utility and design patents, including United States Utility Patent No. 6,379,032 (the
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032 Patent) a true and correct copy of which is attached hereto as Exhibit A and
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incorporated herein by this reference; United States Design Patent No. D510,235 (the
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235 Design Patent), a true and correct copy of which is attached hereto as Exhibit B
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and incorporated herein by this reference; United States Design Patent No. D626,837 (the
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837 Design Patent), a true and correct copy of which is attached hereto as Exhibit C
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and incorporated herein by this reference; and United States Design Patent Number
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D626,838 (the 838 Design Patent), a true and correct copy of which is attached hereto
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as Exhibit D and incorporated herein by this reference (collectively the Asserted
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Patents).
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16.
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Sundesa has marked all products embodying the claims of the Asserted
Patents since their introduction to the market.

17.
Sundesa is an exclusive licensee of the Asserted Patents and has been
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granted all rights thereunder, including the right and standing to enforce the Asserted
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Patents.
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18.
Defendant is in the business of selling promotional products. In particular,
Defendant sells and offers for sale, inter alia, counterfeit shaker cups that embody at least
claim 15 of the 032 Patent and allow users to perform the methods claimed in at least
claim 18 of the 032 Patent (the Accused Products). Attached hereto as Exhibit E is a
true and correct excerpt from Defendants Website depicting examples of the Accused
Products.
19.
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Each of the Accused Products also embody the claimed design of either the
235 Design Patent, the 837 Design Patent, or the 838 Design Patent.
20.
Defendant markets, describes, encourages, and instructs its customers to use
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the Accused Products to mix ingredients in such a way as to perform the claimed
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methods of the 032 Patent.
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21.
Use of any of Defendants Accused Products infringes the 032 Patent.
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22.
The Accused Products have no substantial non-infringing uses.
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23.
The design of each Accused Products is substantially the same as the design
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that is the subject matter of either the 235 Design Patent, the 837 Design Patent, or the
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838 Design Patent.
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24.
Furthermore, the design of each of the Accused Products is so similar to the
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design that is the subject matter of either the 235 Design Patent, the 837 Design Patent,
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or the 838 Design Patent that customers are likely to be deceived and persuaded to buy
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the Accused Products thinking they are actually buying products protected by either the
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235 Design Patent, the 837 Design Patent, or the 838 Design Patent.
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25.
On information and belief, Defendant had pre-suit knowledge of the 032
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Patent and the 235 Design Patent at least because of Sundesas marking of its products
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embodying the claims of the Asserted Patents.
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26.
Commensurate with this filing, Sundesa mailed Defendant a courtesy copy
of this Complaint and the Asserted Patents.

27.
Accordingly, Defendant has had knowledge of the Asserted Patents at least
since the filing of this Complaint.

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28.
Sundesa is also the exclusive licensee of several federally registered
trademarks including: United States Trademark Registration No. 3,515,591 (the 591
Registration), a true and correct copy of which is attached hereto as Exhibit F and
incorporated herein by this reference; United States Trademark No. 3,722,198 (the 198
Registration) a true and correct copy of which is attached hereto as Exhibit G and
incorporated herein by this reference ; United States Trademark No. 4,098,340 (the 340
Registration) a true and correct copy of which is attached hereto as Exhibit H and
incorporated herein by this reference; United States Trademark No. 4,242,830 (the 830
Registration) a true and correct copy of which is attached hereto as Exhibit I and
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incorporated herein by this reference and United States Trademark Registration No.
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3,471,977 (the 977 Registration), a true and correct copy of which is attached hereto
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as Exhibit J and incorporated herein by this reference (collectively the Asserted
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Trademarks).
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29.
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Sundesas Blender Ball trademark, including the 591 Registration, is
referred to herein as the Blender Ball Trademark.

30.
Sundesas Blender Bottle trademark, including the 977 Registration, is
referred to herein as the Blender Bottle Trademark.

31.
Sundesas SportMixer trademark, including the 830 Registration, is referred
to herein as the SportMixer Trademark.

32.
Sundesas Blender Ball Logo trademark depicted below, including the 340
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Registration, is referenced herein as Logo Mark 1:
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Sundesas Blender Ball Logo trademark depicted below, including the 198
Registration, is referenced herein as Logo Mark 2:
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34.
Sundesa has developed recognition and goodwill for the products sold under
the Asserted Trademarks among both Sundesas immediate customers and the consuming
public, generally.
35.
As a result of, among other things, Sundesas substantial investment in the
Asserted Trademarks, and the products marketed under those trademarks, the consuming
public recognizes the Asserted Trademarks, and associates products and features bearing
those marks with a single source, namely Sundesa.
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36.
Defendant makes, sells, offers for sale, and imports the Accused Products
and uses the Asserted Trademarks to market the Accused Products.

37.
Sundesa has not licensed Defendant any rights in or to the Asserted
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Trademarks and Defendant does not have any right or authority to use, market, display,
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or sell products that depict these trademarks.
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38.
Defendants sale, marketing, and manufacturing of the Accused Products
under the Asserted Trademarks has an effect on interstate commerce.

39.
Defendants use of marks that are identical to the Asserted Trademarks in
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marketing its Accused Products creates confusion as to the source of the Accused
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Products, leading customers to believe that they are in fact made, or authorized, by
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Sundesa.
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40.
Attached hereto as Exhibit E, and incorporated herein by reference, are true
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and correct excerpts of Defendants Website depicting Defendants unauthorized use of
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the Asserted Trademarks.
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41.
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activities.
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42.
Sundesa has suffered cognizable injury as a result of Defendants infringing

Sundesa has suffered injury in fact and has lost money or property as a result
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of Defendants unfair and unlawful business practices in the form of damage to its good
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will, lost sales, price erosion, and other actual damages.
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43.
Defendant marks upon, or affix to, or uses the word patent in connection
with Accused Products that are marketed as containing a patented blender ball wire
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whisk. Attached hereto as Exhibit K is a true and correct excerpt from Defendants
Website that demonstrates the claim of patented technology in connection with
Defendants Accused Products.
44.
Sundesa alleges that Defendant uses the word patent in advertising the
Accused Products for the purpose of deceiving the public and inducing them to believe
that the Accused Products were made, offered for sale, sold, or imported into the United
States by, or with the consent of, the patentee.
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Sundesa alleges that is has suffered a competitive injury as a result of
Defendants use of the word patent in connection with the Accused Products.
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FIRST CLAIM FOR RELIEF
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(Infringement of the 032 Patent)
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46.
By this reference Sundesa realleges and incorporates the foregoing
paragraphs as though fully set forth herein.

47.
Defendant has directly infringed and continues to directly infringe the 032
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Patent under 35 U.S.C. 271(a) by using, selling, offering for sale, and importing the
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Accused Product within the United States.
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48.
Defendant has had, and continues to have, the specific intent to induce its
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customers, or users of its products, to infringe the 032 Patent. For example, Defendant
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instructs its customers, or users of the Accused Products, to use them to mix ingredients
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according to the claimed methods of the 032 Patent.
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49.
Defendants customers, or users of the Accused Products, do, in fact,
infringe the 032 Patent.

50.
Defendant has known, or should have known, that its customers, or users of
its products, infringe the 032 Patent.

51.
The Accused Products are especially made to be used, and are in fact used,
by customers, or users, of the Accused Products, in a way that infringes the 032 Patent.
52.
The Accused Products have no substantial non-infringing uses.
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53.
Defendant has indirectly infringed and continues to indirectly infringe the
Asserted Patents under 35 U.S.C. 271(b) and (c) by actively inducing infringement of,
and contributorily infringing, the 032 Patent.
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54.
Despite its knowledge of the 032 Patent, Defendant has continued to
infringe, and induce others to infringe, the 032 Patent.

55.
The conduct of Defendant, as set forth hereinabove, gives rise to a cause of
action for infringement of the 032 Patent, pursuant to at least 35 U.S.C. 271 and 281.
56.
Defendant has manufactured, used, imported, sold, and offered for sale the
Accused Products despite an objectively high likelihood that its actions constitute
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infringement of the 032 Patent.
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57.
Defendants manufacture, use, importation, sale, and offer for sale of
Accused Products have been both willful and deliberate.
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58.
Defendants acts of infringement have caused damage to Sundesa.
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59.
Sundesa is entitled to recover the damages sustained as a result of
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Defendants wrongful acts in an amount subject to proof at trial.

60.
Defendants infringement of Sundesas rights under the 032 Patent will
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continue to damage Sundesas business causing irreparable harm for which there is no
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adequate remedy at law, unless it is enjoined by this Court.
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61.
By reason of the foregoing, Sundesa is entitled to monetary relief and
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injunctive relief against Defendant, pursuant to 35 U.S.C. 283-85, as more fully set
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forth herein below.
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SECOND CLAIM FOR RELIEF
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(Infringement of the 235 Design Patent)
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62.

63.
Defendant has infringed, and continues to infringe the 235 Design Patent by
making, using, offering to sell, selling, or importing the Accused Products, in this District
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and elsewhere in the United States, the design of which is substantially the same as the
ornamental design of the 235 Design Patent.
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64.
Defendants actions constitute infringement of the 235 Design Patent in
violation of 35 U.S.C. 271.

65.
Sundesa has sustained damages and will continue to sustain damages as a
result of Defendants aforementioned acts of infringement.

66.
Sundesa is entitled to recover damages sustained as a result of Defendants
wrongful acts in an amount to be proven at trial.

67.
Defendants infringement of Sundesas rights under the 235 Design Patent
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will continue to damage Sundesas business, causing irreparable harm for which there is
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no adequate remedy at law, unless Defendant is enjoined by this Court.
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68.
Defendant has willfully infringed the 235 Design Patent, entitling Sundesa
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to increased damages under 35 U.S.C. 284 and to attorneys fees and costs incurred in
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prosecuting this action under 35 U.S.C. 285.
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69.
Alternatively, Plaintiff is entitled to recover Defendants total profits from
its sale of the Accused Products under 35 U.S.C. 289.
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THIRD CLAIM FOR RELIEF
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FOURTH CLAIM FOR RELIEF
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85.
FIFTH CLAIM FOR RELIEF
(Federal Trademark Infringement of Blender Ball Trademark)
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86.

87.
Defendants use of the Blender Ball Trademark is likely to cause confusion,
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mistake or deception as to the source, origin, affiliation, connection, or association of the
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Accused Products with Sundesa, or as to the approval of the Accused Products by
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Sundesa, and thus constitutes infringement under Section 32 of the Lanham Act, 15
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U.S.C. 1114.
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88.
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Defendants infringement of the Blender Ball Trademark negatively affects
Sundesas business in the United States and around the world.

89.
Sundesa alleges, on information and belief, Defendants infringement of the
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Blender Ball Trademark has taken place with full knowledge of Sundesas marks,
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including Sundesas incontestable marks, and, therefore, has been intentional, deliberate,
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and willful.
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90.
Defendants violation of 15 U.S.C. 1114 has caused Sundesa to suffer
damages and irreparable harm.

91.
By reason of the foregoing, Sundesa is entitled to monetary and injunctive
relief pursuant to 15 U.S.C. 11161118, as more fully set forth hereinbelow.
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SIXTH CLAIM FOR RELIEF
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(Federal Trademark Infringement of Blender Bottle Trademark)
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92.

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93.
Defendants use of the Blender Bottle Trademark is likely to cause
confusion, mistake or deception as to the source, origin, affiliation, connection, or
association of the Accused Products with Sundesa, or as to the approval of the Accused
Products by Sundesa, and thus constitutes infringement under Section 32 of the Lanham
Act, 15 U.S.C. 1114.
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94.
Defendants infringement of the Blender Bottle Trademark negatively
affects Sundesas business in the United States and around the world.
95.
Sundesa alleges, on information and belief, Defendants infringement of the
Blender Bottle Trademark has taken place with full knowledge of Sundesas marks,
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including Sundesas incontestable marks, and, therefore, has been intentional, deliberate,
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and willful.
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97.
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SEVENTH CLAIM FOR RELIEF
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(Federal Trademark Infringement of SportMixer Trademark)
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99.
Defendants use of the SportMixer Trademark is likely to cause confusion,
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U.S.C. 1114.
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100. Defendants infringement of the SportMixer Trademark negatively affects

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101. Sundesa alleges, on information and belief, Defendants infringement of the
SportMixer Trademark has taken place with full knowledge of Sundesas marks, and,
therefore, has been intentional, deliberate, and willful.
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102.

103.
EIGHTH CLAIM FOR RELIEF
(Federal Trademark Infringement of Logo Mark 1 Trademark)
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104. By this reference Sundesa realleges and incorporates the foregoing
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105. Defendants use of the Logo Mark 1 trademark is likely to cause confusion,
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U.S.C. 1114.
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106. Defendants infringement of the Logo Mark 1 trademark negatively affects

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Logo Mark 1 trademark has taken place with full knowledge of Sundesas marks, and,
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109.
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NINTH CLAIM FOR RELIEF
(Federal Trademark Infringement of Logo Mark 2 Trademark)
111. Defendants use of the Logo Mark 2 trademark is likely to cause confusion,
U.S.C. 1114.
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112. Defendants infringement of the Logo Mark 2 trademark negatively affects

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Logo Mark 2 trademark has taken place with full knowledge of Sundesas marks, and,
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114.

115.
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TENTH CLAIM FOR RELIEF
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(Federal Trademark Infringement, False Designation, and
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Unfair Competition with Respect to the Asserted Trademarks)
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117. Defendants use of the Asserted Trademarks is likely to cause confusion,
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mistake, or deception as to the source, origin, affiliation, connection or association of the
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Sundesa, and thus constitutes trademark infringement, false designation of origin, and
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unfair competition with respect to the Asserted Trademarks in violation of Section 43(a)
of the Lanham Act, 15 U.S.C. 1125(a).

118. Defendants actions have taken place with full knowledge of the Asserted
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Trademarks and therefore have been intentional, deliberate, and willful.

119. Defendants violation of 15 U.S.C. 1125(a) has caused Sundesa to suffer
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120. By reason of the foregoing, Sundesa is entitled to monetary and injunctive
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ELEVENTH CLAIM FOR RELIEF
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(Common Law Trademark Infringement and Unfair Competition)

121. By this reference Sundesa realleges and incorporates the forgoing
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122. Defendant, by its actions set forth hereinabove, has engaged in intentional
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business acts or practices that are unlawful, unfair, and/or fraudulent, including the
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infringement of the Asserted Trademarks.

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mistake, or deception as to the source, origin, affiliation, connection, or association of the
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Sundesa.
124. By reason of the foregoing, Sundesa has suffered damages and irreparable
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harm.
125. By reason of the foregoing, Sundesa is entitled to, at least, damages from
Defendant.
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TWELFTH CLAIM FOR RELIEF
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(California Unfair Competition Law, Bus & Prof. Code 17200 et seq.)
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mistake, or deception as to the source, origin, affiliation, connection, or association of the
Accused Products with Sundesa, or as to the approval of Accused Products by Sundesa.
128. Defendants use of the Asserted Trademarks constitutes unfair, deceptive, or
misleading practices in violation of California Business and Professions Code 17200 et
seq.
129. Defendants misuse the symbol on Defendants Website in conjunction
with the Asserted Trademarks constitutes unfair, deceptive, or misleading practices in
violation of California Business and Professions Code 17200 et seq.
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130. The false and misleading content on Defendants Website constitutes unfair,
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deceptive, or misleading practices in violation of California Business and Professions
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Code 17200 et seq.
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131. Sundesa alleges on information and belief that Defendant has engaged in
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deceptive trade practices against Sundesa in willful and deliberate disregard of the rights
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of Sundesa and the consuming public.
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132. Sundesa has suffered injury in fact and has lost money or property as a result
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of Defendants unfair and unlawful business practices in the form of damage to its good
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will, lost sales, and other actual damages.
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133. Defendants acts and conduct have caused and continue to cause Sundesa to
suffer irreparable harm.
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THIRTEENTH CLAIM FOR RELIEF
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(False Marking Under 35 U.S.C. 292)
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134. By this reference, Sundesa incorporates the foregoing paragraphs as though

fully set forth herein.
135. Defendant makes, uses, sells, offers for sale, or distributes products that
claim to contain a patented blender ball inside.
136. Sundesa alleges that Defendant uses the word patent in its advertising of the
Accused Products for the purpose of deceiving the public.
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137. Sundesa alleges that Defendant does not have a license or assignment to any
patent covering the Accused Products.
138. Sundesa alleges that Defendant marks its products with the intent to deceive
the public for the purpose of falsely establishing itself as an innovator in the shaker cup
industry and to gain an unfair competitive advantage.
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139. Defendant is a direct competitor of Sundesa and distributes, markets, and

sells infringing copies of Sundesas products in similar channels of distribution.
140. Defendants false marking upsets the competitive balance between the
parties as customers are presented with an infringing copy of Sundesas product that is
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presented by Defendant as a patented product. This false marking improperly influences
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customers decisions between similar products.
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141. Sundesas ability to compete fairly in the market is impaired as a result of

Defendants false marking.
142. Sundesa invests a substantial amount of money and effort to be recognized
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as an innovator and leader in the shaker cup industry. Defendants false marking creates
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the illusion that it is also an innovator with protected technology.
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143. By reason of the foregoing, Sundesa alleges that it has suffered a
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competitive injury as a result of Defendants using the word patented in connection with
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its marketing of the Accused Products.

PRAYER FOR RELIEF
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Sundesa prays for judgment as follows:
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A.
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A judgment finding Defendant liable for infringement of one or more of the
claims of the 032 Patent;

B.
A judgment finding Defendant liable for infringement of the claims of the
235 Design Patent;

C.
837 Design Patent;
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D.
838 Design Patent;

E.
An order requiring Defendant to make an accounting for all Accused
Products it made, used, sold, offered for sale, or imported in the United States;
F.
Orders of this Court temporarily, preliminarily, and permanently enjoining
Defendant, its agents, servants, and any and all parties acting in concert with any of them,
from directly or indirectly infringing in any manner any of the claims of the Asserted
Patents, pursuant to at least 35 U.S.C. 283;
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G.
An award of damages adequate to compensate Sundesa for Defendants
infringement of the 032 Patent, in an amount to be proven at trial;

H.
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infringement of the 235 Design Patent, in an amount to be proven at trial, or in the
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alternative, an award of Defendants total profits under 35 U.S.C. 289;
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I.
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J.
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K.
An award of treble Sundesas damages, pursuant to at least 35 U.S.C. 284;
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L.
A declaration that this is an exceptional case and that Sundesa be awarded its
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attorney fees and expenses, pursuant to at least 35 U.S.C. 285;

M.
An award of Sundesas costs in bringing this action, pursuant to all
applicable state statutory and common law, including at least 35 U.S.C. 284;
N.
A judgment finding Defendant liable for infringement of the Blender Ball
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Trademark, unfair competition, and unfair, deceptive, or misleading practices in violation
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of California Business and Professions Code 17200 et seq.
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O.
A judgment finding Defendant liable for infringement of the Blender Bottle
P.
A judgment finding Defendant liable for infringement of the SportMixer
Q.
A judgment finding Defendant liable for infringement of the Logo Mark 1
trademark, unfair competition, and unfair, deceptive, or misleading practices in violation
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R.
A judgment finding Defendant liable for infringement of the Logo Mark 2
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trademark, unfair competition, and unfair, deceptive, or misleading practices in violation
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S.
An order of this Court temporarily, preliminarily, and permanently enjoining
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Defendant, its principals, agents, and servants, and any and all persons or entities acting
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in concert with any of them from directly or indirectly infringing in any manner
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Sundesas Asserted Trademarks in connection with products or otherwise, pursuant to at
17
least Section 34(a) of the Lanham Act, 15 U.S.C. 1116(a);
18
T.
19
Defendant, its principals, agents, and servants, and any and all persons or entities acting
20
in concert with any of them from directly or indirectly infringing in any manner
21
Sundesas Trademarks in connection with products or otherwise, pursuant to at least
22
Section 34(a) of the Lanham Act, 15 U.S.C. 1116(a);
23
U.
24
Defendant, its agents and servants, and any and all parties acting in concert with any of
25
them from engaging in unfair business practices, pursuant to at least Section 34(a) of the
26
Lanham Act, 15 U.S.C. 1116(a), and California Business and Professions Code 17200
27
et seq.;
28
19
V.
Defendant, its agents and servants, and any and all parties acting in concert with any of
them from producing, manufacturing, marketing, advertising, promoting, offering for
sale, selling, or distributing products, including the Defendants products marketed in
connection with the Asserted Trademarks, pursuant to at least Section 34(a) of the
Lanham Act, 15 U.S.C. 1116(a) and California Business and Professions Code 17200
et seq.;
W.
An order of this Court directing Defendant to destroy its entire stock of
Accused Products, together with all labels, signs, prints, packages, wrappers, receptacles,
10
and advertisements, as well as all plates, molds, matrices, or other means of making the
11
same pursuant to at least Section 36 of the Lanham Act, 15 U.S.C. 1118;
12
X.
An order of this Court directing Defendant to make an accounting for the
13
total number of Accused Products that it used, made, had made, sold, offered for sale, or
14
imported into the United States.
15
16
17
18
19
20
21
22
23
24
Y.
For damages in an amount to be proven at trial for trademark infringement
under 15 U.S.C. 1114;

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

AA. For damages in an amount to be proven at trial for unfair competition and
trademark infringement under California common law;
BB. For damages in an amount to be proven at trial for false marking under 35
U.S.C. 292;
CC. An award of Defendants profits in an amount to be proven at trial, pursuant
to at least 15 U.S.C. 1117(a);
25
DD. An award of three times Defendants profits or Sundesas damages,
26
whichever is greater, pursuant to at least Section 35(b) of the Lanham Act, 15 U.S.C.
27
1117(b);
28
20
1
2
3
4
5
EE.
An award of punitive damages, pursuant to all applicable state statutory and
common law;
FF.
An award of Sundesas costs in bringing this action, pursuant to all
applicable state statutory and common law, including at least 15 U.S.C. 1117(a);
GG. An award of Sundesas attorney fees, pursuant to agreement or all applicable
state statutory and common law, including at least Sections 35(a) and (b) of the Lanham
Act, 15 U.S.C. 1117(a);
HH. An imposition of constructive trust on, and an order requiring a full
accounting of, the sales made by Defendant as a result of its wrongful or infringing acts
10
alleged herein;
11
II.
12
13
14
Prejudgment interest, pursuant to at least Section 35(b) of the Lanham Act,
15 U.S.C. 1117(b);
JJ.
An award of Sundesas attorneys fees, pursuant to all applicable state
statutory and common law;
15
KK. Prejudgment interest, pursuant to at least 35 U.S.C. 284;
16
LL.
17
MM. For such other and further relief as the Court deems just and equitable.
18
DEMAND FOR JURY TRIAL
19
Post-judgment interest, pursuant to at least 28 U.S.C. 1961(a); and
Sundesa demands trial by jury on all claims and issues so triable.
20
21
22
DATED: November 10, 2014
Taylor J. Wright
MASCHOFF BRENNAN
23
24
25
26
27
BY:
Taylor J. Wright
Attorneys for Plaintiff
Sundesa, LLC
28
21
EXHIBIT A
Exhibit A Page 22
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t1 ,1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
(12)
United States Patent
(10) Patent No.:

US 6,379,032 B1
(45) Date of Patent:
*Apr. 30, 2002
Sorensen
4,640,623 A
2/1987 Tome11
4,641,974 A
2/1987 Church
4,668,442 A * 5/1987 Lang
4,928,857 A
5/1990 Ecker
D331,793 S * 12/1992 Erwes
5,236,262 A
8/1993 Espey
5,544,960 A
8/1996 Sommovigo et al.
5,690,819 A * 11/1997 Chianh
5,725,500 A
3/1998 Micheler
5,788,369 A
8/1998 Tseng
5,829,648 A
11/1998 Goeren et al.
(54) FLOW-THROUGH AGITATOR

(76) Inventor: Steve Sorensen, 1953 N. 690 East,
Orem, UT (US) 84097
( * ) Notice:
This patent issued on a continued prosecution application filed under 37 CFR

1.53(d), and is subject to the twenty year
patent term provisions of 35 U.S.C.
154(a)(2).
Subject to any disclaimer, the term of this
patent is extended or adjusted under 35
U.S.C. 154(b) by 0 days.
(21) Appl. No.: 09/507,124

(22)
Filed:
Feb. 18, 2000
(51) Int. C1.7

BO1F 13/00
(52) U.S. Cl.
366/130; 366/342
(58) Field of Search
36/342, 343, 336,
36/129, 130, 348, 349, 605, 607, 241; 206/220,
219; 165/DIG. 529, DIG. 530; 261/DIG. 72
(56)
1,060,419
2,198,861
2,258,174
3,290,017
3,429,654
3,758,087
D232,238
3,823,924
3,924,807
4,136,976
aaa u,aaa9a>
U.S. PATENT DOCUMENTS

4/1913 Benjamin
* 4/1940 Chamberlain et al.
* 10/1941 Chawner
12/1966 Davies et al.
* 2/1969 Friedrichsen
* 9/1973 Hoon, Jr.
* 7/1974 La Borde
* 7/1974 Hoon, Jr.
* 12/1975 Morgan
* 1/1979 Leffelman
259/114
366/336
222/211
366/130
366/130
604/82
366/130
222/321.7
FOREIGN PATENT DOCUMENTS

CA
DE
EP
SU
SU
SI I
2 181 .504
* 2/1997
195 30 267 Cl * 8/1995
0 761 302 Al a 3/1997
1576191 A * 7/1990
1680290 Al * 9/1991
1692634 Al * 11/1991
366/342
366/342
366/342
* cited by examiner
Primary ExaminerTony G. Soohoo
(74) Attorney, Agent, or FirmKirton & McConkie;
Michael F. Krieger
(57)
References Cited
336/342
366/342
ABSTRACT
The present invention relates to apparatus and methods for

improved mixing of powder and liquid mixtures through the
use of flow-through agitator apparatus. The apparatus of
preferred embodiments of the present invention comprises a
wire-frame object with interstitial spaces which allow flow
of liquids and powders into and out of the interior of the
wire-frame object. Some embodiments further comprise and
interior agitator placed within the wire-frame object which
may be a solid shape or another wire-frame object.
23 Claims, 3 Drawing Sheets
40
44
Exhibit A Page 23

U.S. Patent
Ann30, 2002
Sheet 1 of 3
US 6,379,032 B1
PI
FIG. 2
FIG. 1
22
32
FIG. 3
FIG. 4
Exhibit A Page 24
U.S. Patent
Apr. 30, 2002
Sheet 2 of 3
US 6,379,032 B1
40
44
FIG. 5
62
FIG. 6
Exhibit A Page 25
U.S. Patent
Apr. 30, 2002
Sheet 3 of 3
US 6,379,032 B1
72
FIG. 7
Exhibit A Page 26

US 6,379,032 B1
FLOW-THROUGH AGITATOR
the top, middle and bottom of a container while being easily

removed from the container for ease of cleaning or for
subsequent use in another container.
THE FIELD OF THE INVENTION

The present invention relates to physically independent
agitators used for mixing liquids, solid/liquid suspensions
and powdered solids within containers. More particularly,
the present invention relates to agitators for mixing powders
with liquids to create a well dispersed, substantially homogeneous suspension.
BACKGROUND
Agitators are commonly used in aerosol paint cans to mix
the pigment with the suspension fluid. Many designs exist
which are tailored to optimize mixing action and to agitate
hard to reach areas of the paint containers. Various shapes of
agitators exist which disperse paint pigment throughout a
suspension medium. Multi-pronged agitators, spherical
agitators, multi-faceted hemispherical agitators and discshaped agitators with conical projections exist for agitation
of pigment particles in paint containers. These agitators are
typically sealed within an aerosol paint container and activated by shaking the container. Movement of the agitators
induced by shaking the container displaces and disperses the
pigment particles into suspension. This is necessary because
the pigment particles settle to the bottom of the container
when the paint has rested in a stationary position for a
significant period of time. Due to this specific pigment
dispersion application, these agitators are specifically
designed for dispersion of an agglomeration of particles at
the bottom of a container. These agitators are most often
discarded in the paint container in which they are used.
Consequently, these agitators do not perform optimally for
dispersion of powders which typically float at the top of a
suspension liquid before mixing. They are also generally
small in size with complex surfaces making them easy to
lose and difficult to clean in preparation for repeated use. In
addition, the small size and heavy weight result in a small
cross-section to screen or disperse powders.
Agitators also exist for powdered food supplements that
are added to and mixed with liquids. Baby formulas and
nutritional supplements often require an agitation or dispersion device for optimal mixing and dispersion. Often dispersing elements are attached to specific containers for
mixing of contents placed therein. These attached or fixed
agitators may have a semi-permanent connection to a container or may be manufactured integrally with a given
container. However, these attached elements often create
cracks and crevices which are difficult to clean.
Furthermore, attached devices often do not allow sufficient
movement of the dispersing element for optimal mixing.
Another disadvantage of known fixed dispersing elements is
their inability to be transferred between commonly-used
containers.
Powdered compositions for mixing with liquids such as
dietary supplements, drink mixes, baby formulas and others
are often difficult to mix into a smooth, homogeneous
suspension. The powdered composition often clumps forming aggregations of powder surrounded by a thick layer of
paste that inhibits liquid from penetrating into the clump.
These clumps may float, sink to the bottom of the container
or remain suspended at some level in the fluid. Powder may
also stick to the sides or bottom of a container and resist
mixing by simple shaking. In most cases, an agitator is
necessary for complete dispersion of clumps and aggregations on the container walls. No single, known agitation
element is effective at reaching clumps and aggregation at
SUMMARY AND OBJECTS OF THE

IN VENTION
The present invention relates to improved apparatus and

methods for agitation of liquid/powder mixtures during the
mixing process. The apparatus of some embodiments of the
10
present invention comprises an object with a wire-frame
shape through which liquids and fine-grained solids may
pass. The wire-frame object may be constructed of a variety
of materials including wound metal wire, molded plastic
materials or almost any other material that will substantially
is retain its shape after repeated impact with a container.
The shape of the agitator object may also vary widely
including, but not limited to, cubes, spheres, ellipsoids,
pyramids, polyhedrons, cylinders and others. However, the
20 shape must be formed by a wire frame that allows flow of
material through and around the object. The flow of material
whether liquid or powder, through the object creates turbulent eddy currents within and around the object that break up
aggregations of material and disperse particles throughout
the suspension medium.
25
Agitation is improved in some embodiments of the
present invention by the use of one or more additional
interior objects placed inside a wire-frame object. These
interior objects may be solid or may also be wire-frame
30 objects. The additional motion of the interior object inside
the primary object creates further turbulence and dispersion
which more quickly and effectively mixes the solids with the
liquid suspension medium. Impacts of objects within the
primary wire-frame object also serve to break up smaller
35 clumps in the mixture.
Because the agitation objects are free to move throughout
the mixing container, they are able to reach aggregations of
powder at any level in the mixture and create greater
turbulence. Initially, powders will accumulate at the surface
40 of the liquid medium and form large clumps. Stationary
mixing fins and protrusions are largely ineffective at dispersing these clumps and simple shaking without agitators
frequently causes clumps to become more dense and difficult
to ultimately disperse into an acceptable particle size. The
45 physically-dependent agitator objects of the present
invention, however, may be directed toward the surface
accumulations by tilting the top of the container outward and
effectuating a spinning action on the container to move the
agitators through the accumulations and break them into
so smaller and smaller masses. After the large clumps have
been dispersed, smaller aggregations may still be present in
the mixture. These are typically well dispersed throughout
the medium and found at every level of the mixture. At this
point in the mixing process, the wire-frame agitators may be
55 directed throughout the mixture by random oscillation of the
container or by direction to specific areas that require further
mixing
Powder/liquid mixtures are often susceptible to aeration
during mixing as simple shaking entraps air in the container
60 under waves at the surface of the liquid causing bubbles to
be entrained in the liquid. This may be acceptable for some
mixtures, but can be extremely undesirable for others. For
example, baby formulas, if entrained with air often cause
excessive burping and discomfort for the child consuming
65 the formula. The agitator objects of some embodiments of
the present invention are physically independent of the
container allowing a user to keep them immersed in the
Exhibit A Page 27

US 6,379,032 B1
3
liquid while rotating the container gently. This gentle rotatthe figures herein, could be arranged and designed in a wide
ing action causes the objects to roll or tumble around the
variety of different configurations. Thus, the following more
container thereby dispersing the solids in the suspension
detailed description of the embodiments of the system and
without causing air to be entrained in the liquid. This reduces
apparatus of the present invention, as represented in FIGS.
frothing and the consumption of unnecessary air by the 5 1 through 7, is not intended to limit the scope of the
consumer of the mixture.
invention, as claimed, but it is merely representative of the
presently preferred embodiments of the invention.
In addition, the rotation of the agitator causes a mixing
The currently preferred embodiments of the present
turbulence or screening effect which aids in mixing. Because
invention will be best understood by reference to the
the liquid passes through the rotating agitator, a chopping
action is created which breaks up chunks better than a solid 10 drawings, wherein like parts are designated by like numerals
throughout.
agitator. The agitator within an agitator embodiment
increases the chopping action. As some of the breaking up
In reference to FIG. 1, an embodiment of the present
of constituents occurs as the agitator collides with the walls
invention is shown wherein an agitator object 2 is formed of
of the container, the collisions between the agitator within an
wire-frame elements 4 that are arranged to form a defined
agitator embodiment also increase the breaking up action. is shape. In this exemplary embodiment the shape is a sphere,
The relatively large size of the agitator not only increases
however, nearly any shape that can be formed of wire-frame
surface area for collisions, but also prevents swallowing of
elements, narrow rod-like elements or substantially perfothe agitator when the liquid is consumed. The size of the
rated surfaces will prove adequate.
agitator or number can be altered to fit the container. Small
In the context of this disclosure, the term "wire-frame"
20
containers will necessitate small agitators.
shall refer to narrow, solid elements which may be combined
Accordingly, it is an object of some embodiments of the
to form a shape having an interior space within. "Wirepresent invention to provide apparatus and methods for
frame" may also refer to a solid surface which has been
improved mixing of powders and liquids.
substantially perforated such that only slender portions of
It is another object of some embodiments of the present 2 the solid surface remain between holes or voids in the
surface.
invention to provide apparatus and methods for better reducing and dispersing clumps in mixtures.
Between the wire-frame elements 4 are voids or interstitial spaces 6 through which small and fine-grained solids and
BRIEF DESCRIPTION OF TIIE DRAWINGS
liquids may pass. Shapes, such as the spherical shape shown
In order that the manner in which the above-recited and 30 in FIG. 1 may be constructed of wire-frame elements which
represent longitudinal and latitudinal circles or other curves
other advantages and objects of the invention are obtained,
or lines found on the surface of a particular shape. Wirea more particular description of the invention briefly
frame elements may be separate elements welded or otherdescribed above will be rendered by reference to specific
wise bonded together to form a shape or may be parts of a
embodiments thereof which are illustrated in the appended
drawings. Understanding that these drawings depict only 35 single structure such as, but not limited to, a single molded
plastic article.
typical embodiments of the invention and are not therefore
to be considered to be limiting of its scope, the invention will
Wire-frame elements may also take the form of a single
be described and explained with additional specificity and
coiled wire-like element, as shown in FIG. 2, where a single
detail through the use of the accompanying drawings in
wire element 12 is wound in a spiral pattern to form a
which:
40 spherically shaped object 10. Object 10 has voids 14
between successive winds of element 12 through which
FIG. 1 is a perspective view of a spherical, wire-frame
solids and liquids may pass. The spiral wind of this embodiagitator apparatus of the present invention;
ment of the present invention works advantageously to allow
FIG. 2 is a perspective view of a spherical, coiled,
substantial elastic deformation of the spherical shape. This
wire-frame agitator apparatus of the present invention;
FIG. 3 is a perspective view of an agitator apparatus of the 45 deformation causes adjacent portions of the spiral element to
move relative to each other creating a crushing action which
present invention with a polyhedral, grid-pattern, wire frame
breaks up aggregations of powder which may stick thereto
interior agitator;
or become lodged there between. Contact between adjacent
FIG. 4 is a perspective view of a spherical, coiled,
portions of the spiral element 12 and contact with container
wire-frame agitator apparatus of the present invention with
so surfaces also causes standing vibrations of spiral element 12
an interior coiled spherical agitator;
which dissipate into the surrounding liquid inducing vibraFIG. 5 is a perspective view of a cylindrical, wire-frame
tion of the liquid and associated dispersion of particles
agitator apparatus of the present invention with interior
therein.
agitators in a container;
Wire-frame elements may be composed of many
FIG. 6 is a perspective view of a spherical, coiled, 55 materials, however low-corrosion metals and plastics are
wire-frame agitator apparatus of the present invention with
preferable because of their elastic deformation characterisa solid interior agitator; and
tics and their resistance to corrosion. Of these materials,
FIG. 7 is perspective view of a container with an agitator
hard plastics and stainless steels are most preferable.
of the present invention shown in various positions in a
Another embodiment of the present invention, depicted in
chain of movement.
60 FIG. 3 employs an interior agitator 24 placed in the interior
space of a primary agitator object 20. In the particular
DETAILED DESCRIPTION OF THE
embodiment shown in FIG. 3, interior agitator 24 is a
PREFERRED EMBODIMENTS
wire-frame object similar to primary agitator 20, but smaller
The figures listed above arc expressly incorporated as part
in size. Interior agitator 24 is preferably about half the size
of this detailed description.
65 of primary agitator 20 to allow significant motion of interior
It will be readily understood that the components of the
agitator 24 within primary agitator 20. However, smaller
present invention, as generally described and illustrated in
sizes of interior agitators are also effective and multiple
Exhibit A Page 28

US 6,379,032 B1
5
interior agitators may also improve dispersion. Use of an

the powder is not immediate. Shaking will cause limited
interior agitator 24 increases contact between wire-frame
break up of pile 78, but typically creates clumps and
elements creating a crushing or grinding action which breaks
aggregations 80 which are difficult to disperse. Some powup aggregations of powder. This grinding action is especially
ders may also form bottom-adhered aggregations 82 at the
helpful in dispersing smaller aggregations of powder that 5 bottom of container 70 or side-adhered aggregations 84 on
become immersed in the liquid portion of the mixture.
the sides of container 70.
Grinding action is further enhanced when the interior agiAgitator 74 may be moved throughout container 70 by
tator has protrusions which may enter the interstitial spaces
simple shaking, rotation, circular motions or other oscillain the primary agitator. This can be achieved when an
tions or random movement. Agitator 74 can be easily
interior agitator 24 takes th=/shape of a dodecahedron or
10 directed to a specific location within container 70 by a
other polyhedron with protruding pyramidal shapes. Interior
combination of tipping and circular movement of container
agitators with bumps or other short protrusions may also be
70 thereby causing centrifugal forces to propel agitator 74 to
used. This configuration allows interior agitator 24 to proa desired location. After a few seconds of practice one can
trude into the interstitial spaces in primary agitator 20 and
direct agitator 74 to any location in container 70 where
push powder aggregations out into the mixture.
15 powder may accumulate.
Interior agitators 32 may also be used in spiral wound
Movement of agitator 74 through pile 78 and aggregations
embodiments 30 as shown in FIG. 4 where a spherical spiral
80, 82 and 84 initially helps to quickly disperse pile 78 and
wound primary agitator 30 contains an interior spherical
aggregations 80, 82 and 84 into smaller accumulations or
wound agitator 32. Deformation of the spiral wound primary
agitator 30 around the smaller interior agitator 32 also 20 aggregations 80 which are quickly dispersed throughout
liquid 76. Subsequent movement and rotation will cause
increases grinding action and turbulent flow of liquid which
agitator 74 to contact and impact aggregations 80 and further
accelerates dispersion of particles throughout the liquid
disperse them into basic particles. This is achieved very
portion of the mixture. Interior agitators may also be conefficiently by embodiments of the present invention which
structed of a material with higher density or mass than their
primary agitators to cause an acceleration differential 25 directly impact aggregations 80, pinch and grind aggregations 80 between adjacent wire-frame elements, grind
between the two agitators that induces relative motion and
between
agitator 74 and container 70, and disperse through
liquid currents within and around the agitators. This induced
induced currents formed in liquid 76 from movement of
motion and current further accelerates particle dispersion
parts of agitator 74.
within the mixture and promotes a homogeneous mixture.
Agitator 74 may be activated by shaking whereby agitator
In reference to FIG. 5, a further embodiment of the 30
74
will be propelled along a random path similar to that
present invention comprises a compound agitator 40 with a
shown in FIG. 7, where agitator 74a begins at a position at
substantially cylindrical primary wire-frame agitator 42 havthe bottom right side of container 70 after which it is
ing a plurality of interior agitators 44. Primary cylindrical
propelled to the left to position 74b where agitator 74
agitator 42 takes the shape of a round cylinder which may
have flat or chamfered ends or may have rounded ends 46, 35 impacts the side wall of container 70 causing elastic deformation of primary agitator 83 upon impact and relative
as shown in FIG. 5, to better contact the comers of a specific
movement between primary agitator 83 and interior agitator
container. Rounded ends 46 may have a specific radius that
85. Relative movement between primary and interior agitamatches the radius of rounded comers at the top or bottom
tors creates high velocity turbulence and eddy currents
of a container. Interior agitators 44 may be spherical or may
within primary agitator 83 which break up nearby aggregabe polyhedral with pyramidal projections to facilitate distions 80 and disperse particles throughout the liquid/powder
persion and prevent fouling of the interstitial spaces of the
mixture. Vibration of agitator elements induced by the
primary agitator. Other shapes including spheroids and
impact also transfer high-frequency energy into liquid 76
irregular shapes may also be effective. The round crosshelping to disperse particles evenly.
sectional shape of primary cylindrical agitator 42 promotes
After impact agitator 74 bounces off container 70 and
a rolling motion of primary agitator 42 when the container 45
accelerates toward position 74d where the acceleration furis moved in a horizontal circular motion. This causes prither induces mixing currents in liquid 76. At position 74d
mary agitator 42 to roll around the interior surface of the
another impact occurs again breaking up accumulations and
container thereby crushing large aggregations of powder
aggregations 80 as with the first impact. Agitator 74 may
while the rolling action induces turbulent currents in the
liquid which promote homogeneous dispersion of particles. so then bounce to position 74e near the top of container 70
where it may contact any remaining portions of pile 78 and
Vibration induced by contact of wire-frame elements 48
disperse them into liquid 76.
with container surfaces 50 and interior agitators 44 and the
establishment of standing vibratory waves in wire-frame
Circular motions of container 70 can be used to cause
elements 48 further induces dispersion of particles within
agitator 74 to roll around the interior of container 70 thereby
the mixture.
55 inducing a grinding action on the walls of container 70. This
action helps to disperse side-adhered aggregations 84 that
Solid interior agitators may also be used in conjunction
may be present. Rolling can also induce a steady vibration
with spiral wound primary agitators as depicted in FIG. 6
of agitator 74 as wire-frame elements 83 contact container
where a compound agitator 60 comprises a primary spiral
70. These vibrations dissipate into liquid 76 and promote
wound agitator 62 with an interior solid spherical agitator 64
placed therein.
60 dispersion of particles and erosion of aggregations 80.
The use of an embodiment of the present invention may
In some embodiments of the present invention, lid 72 may
be shown in reference to FIG. 7 where a container 70 with
have a drinking orifice therein through which a user may
a removable lid 72 is shown with a compound agitator 74
drink the mixture that has been mixed in container 70. Auser
therein. Liquid 76 is placed in container 70 followed by an
may drink directly from container 70 through an orifice in lid
amount of powder which initially forms a pile 78 on the top 65 72 or may use a straw or other device to drink therefrom.
surface of liquid 76. Because pile 78 has a limited surface
However, in preferred embodiments, an orifice in lid 72 will
area in contact with liquid 76, dissolution and dispersion of
be configured so as to retain agitators within container 70
Exhibit A Page 29

US 6,379,032 B1
7
and prevent ingestion of agitators. Typically, this configu14. The agitator of claim 6, wherein said interior agitator
is a solid object with protrusions that may project into said
ration may be achieved through the use of orifices that are
voids during mixing action.
smaller than the agitators used in the containers.
15. A mixer for mixing a composition of ingredients
The physical independence of the agitators of the present
comprising:
5
invention allows them to access any area or level of the
a hand-held, shakeable container for holding a liquid/
container where powder may aggregate. Physical indepenpowder mixture;
dence also allows the agitators to be removed for cleaning or
a lid removably coupled to said hand-held shakeable
reuse in another container. Agitators may be left in the
container, wherein said lid serves to allow said mixer to
container during use or easily removed with a fork or similar
form a completely enclosed mixing area when said lid
to
device.
is coupled to said hand-held, shakeable container; and
The present invention may be embodied in other specific
a physically independent agitator object removably
forms without departing from its spirit or essential characplaced within said hand-held, shakeable container, said
teristics. The described embodiments are to be considered in
physically independent agitator object being free from
all respects only as illustrated and not restrictive. The scope
any structural connection to said hand-held, shakeable
15
of the invention is, therefore, indicated by the appended
container and having narrow rod-like elements defining
claims rather than by the foregoing description. All changes
a shape with interstitial spaces between said elements
which come within the meaning and range of equivalency of
and a hollow interior space within said shape,
the claims are to be embraced within their scope.
wherein liquids, powders, and various other said comI claim:
positions of ingredients may be mixed by flowing
1. A physically independent agitator for mixing a com- 20
into and out of said hollow interior space of said
position of ingredients, said agitator comprising:
physically independent agitator object as said physian object insertable within a hand-held, shakeable concally independent agitator is allowed to move freely
tainer and composed of a framework having a h low
to every location within said enclosed mixing area,
interior wherein said framework is arranged to provide
restricted only by the boundaries making up said
25
voids to allow for flow of liquids, powders, and other
enclosed mixing area.
materials into and out of said ho low interior of said
16. The mixer as set forth in claim 15, further comprising
object; and
an interior agitator located within said hollow interior space
of said physically independent agitator object to provide
an interior agitator located wit in said hollow interior.
2. The agitator as set forth in claim 1, wherein said interior 30 further mixing capabilities of said mixer.
17. The mixer as set forth in claim 15, wherein said lid
agitator is smaller than said object.
comprises a hole for dispensing the liquid/powder mixture
3. The agitator as set forth in claim 2, wherein said interior
and said hole is smaller than said agitator object such that
agitator is less than one half the size of said object.
said agitator object will not pass through said hole.
4. The agitator as set forth in claim 1, wherein said interior
18. A method for mixing a composition of ingredients,
agitator has a higher density than said object .
35
said method comprising:
5. The agitator as set forth in claim 1 wherein said interior
agitator has a solid shape.
placing a composition of ingredients into a hand-held,
6. A physically independent agitator for mixing a comshakeable container;
position of ingredients in a hand-held, shakeable Container,
placing a physically independent agitator into said handthe agitator comprising:
held, shakeable container,
40
said physically independent agitator object being free
an object insertable within an interior of said hand-held,
of any structural connection to said hand-held,
shakeable container and composed of a framework
shakeable container, said physically independent
having a hollow interior wherein said framework is
agitator comprising an object having a framework
arranged o provide voids to allow for flow of liquids,
with a plurality of significant voids therein;
powders, and various other said compositions of mate- 45
rials into and out of said hollow interior of aid object;
securing a removable lid to said hand-held, shakeable
container, wherein said lid serves to allow said handan interior agitator having a wi re-frame spheroid frameheld, shakeable container to form a completely
work contained within said hollow of said object, aid
enclosed mixing area when said lid is coupled to said
interior agitator also physically independent of said
hand-held, shakeable container; and
object.
so
7. The agitator as set forth in claim 6, wherein the shape
shaking said container in a manner that propels said
of said object promotes a rolling motion of said object
agitator through said composition of ingredients,
around said interior of said hand-held, shakeable container.
wherein said composition of ingredients flows into and
out of said voids thereby mixing said composition of
of said object is spherical.
55
ingredients and forming a substantially homogeneous
mixture as said physically independent agitator is
of said object is polyhedral.
allowed to move freely to every location within said
10. The agitator as set forth in claim 6, wherein said
enclosed mixing area, restricted only by the boundaries
framework of said object forms a spiral coil.
making up said enclosed mixing area.
11. The agitator as set forth in claim 6, wherein said 60
19. A method for mixing as set forth in claim 18, where
framework of said object and said interior agitator deflects
said composition of ingredients is a powder mixed with
elastically upon impact thereby promoting break up of
another powder.
clumps and dispersion of particles therein.
12. The agitator of claim 6, wherein said interior agitator
said composition of ingredients is a liquid mixed with a
is an object with a solid surface.
65 powder.
13. The agitator of claim 6, wherein said interior agitator
is a solid sphere.
said ingredient is a liquid and is mixed with a liquid.
Exhibit A Page 30

US 6,379,032 B1
9
22. A physically independent agitator for mixing a composition of ingredients in a container, the agitator comprising:
an object composed of a framework having a hollow
interior wherein said framework is arranged to provide 5
voids to allow for flow of liquids, powders, and various
other said compositions of materials into and out of
said hollow interior of said object; and
an interior agitator comprising a wire-frame spheroid.
to
23. A mixing apparatus comprising:
a physically independent agitator object removably and
interchangeably placed within a variety of hand-held,
shakeable containers having an enclosed mixing area
therein, said physically independent agitator object
10
being free of any structural connection to said handheld, shakeable container and having a framework
comprising narrow rod-like elements defining a shape
with interstitial spaces between said elements and a
hollow interior space within said shape,
wherein liquids, powders, and various other said compositions of ingredients may be mixed by flowing
into and out of said hollow interior space of said
physically independent agitator object as said physically independent agitator object is allowed to move
freely within said enclosed mixing area, restricted
only by the boundaries making up said enclosed
mixing area.
Exhibit A Page 31
EXHIBIT B
Exhibit B Page 32
1 1 1 1 1 1 1 101 1 1 1 1 1 1 1 1102q1 101 1 1 1 101 1 1 1 1

USO0D510235S
(12) United States Design Patent (to)

(10) Patent No.:
N0.:
US D510,235
D510,235 S
(12)
Sorensen
(45)
(54) BOTTLE
BOTTLE
(54)
Date of Patent:
D233,116
D233,116 S
S
5,088,614 A
D330,862
133307862 S5
D382,968
D382,968 S
S
D461,420
D461,420 S
S
D497,431
D497,431 S
S
5,088,614
(76) Inventor:
Inventor: Steven
StevenM.
M.Sorensen,
Sorensen,1953
1953 N.
N. 690
690 E.,
E.,
(76)
Orem UT
UT (US)
(Us) 84097
84097
Orem,
,
(**)
(**)
Term:
(21)
Appl.
Appl. No.: 29/189,695
(22)
(22)
Filed:
Flled:
14 Years
14
Sep.
Sep' 9,
9 2003
2003
(8) Cl.
c1. .................................................. .. 07-01
07-01
(51) LOC (8)
(52) U.S.
D7/510;
US. Cl. ................ ..
D7/510; D7/511;
D7/511; D7/900
D7/900
(58)
(58) Field
Field of
of Search
Search ............................. .. D7/300.1,
D7/300.1, 510,
510,
137/511, 3921,
3962, 900; D10/46.2;
D10/462;
D7/511,
392.1, 391, 396.2,
D24/197;
D9/500, 547,
547, 503,
D24/197; D9/500,
503, 504, 515,
523,
523, 525,
525, 530, 537, 449, 444, 556, 559,
215/114, 11.1,
111, 257,
502; 215/11.4,
257, 6, 321; 220/709,
711,
711, 703, 592.17,
592.17, 592.16,
592.16, 713, 568, 254.3,
792, 4.03,
403, 670, 259.1
2591
792,
(56)
References Cited
U.S.
U'S' PATENT
PATENT DOCUMENTS
2,752,971 AA *
* 7/1956
7/1956 Tupper
Tupper .................... .. 220/4.03
220/403
2,752,971
2,754,866
2,754,866 AA *
* 7/1956
7/1956 Coltman
Coltman .... ..
.. 220/254.3
220/2543
3,820,692
3,820,692 AA ** 6/1974
6/1974 Swett
SWett et
et al.
a1. .............. .. 222/547
222/547
**
*
**
**
**
**
10/1974
10/1974
2/1992
11/1992
11/1992
8/1997
8/1997
8/2002
8/2002
10/2004
10/2004
2/1992
**
Oct. 4,
4, 2005
Swett
SWett et
et al.
al. ............ .. D7/300.1
D7/300.1
Dumestre
220/713
Shibley
D10/46.2
Shibley et
ct al.
a1~
D10/46~2
Giles
Giles et
et al.
al. . . . . . . .
. . . .. D24/197
D24/197
Kerman
Kerman . . . . .
. . . .. D10/46.2
D10/46.2
Bentley
Bentley ................... .. D24/197
D24/197
Dumestre
... ... ...
. . . . . ..
220/713
examiner
** cited by examiner
Primary ExaminerM. N. Pandozzi

PandoZZi
or FirmKirton
FirmKirton &
& McConkie;
McConkie;
(74) Attorney,
Attorney, Agent,
Agent, or
Michael
Mlchael F.
F- Krieger
Kneger
(57)
CLAIM
_
The
The ornamental
ornamental design
design for
for aa bottle,
bottle, as
as shown
shown and
and described.
described.
DESCRIPTION
FIG. 1 is a perspective vieW
view of the bottle showing the present
design;
design;
FIG.
FIG. 2 is aa left
left sideview
sidevieW thereof;
thereof;
FIG.
FIG. 3 is aa front
front view
vieW thereof;
thereof;
FIG.
FIG. 4 is aa rear
rear view
vieW thereof;
thereof;
FIG.
FIG. 5 is aa right
right side
side view
vieW thereof;
thereof;
FIG. 6 is aa top
top plan
plan view
vieW thereof;
thereof; and,
and,
FIG.
FIG.
7
is
a
bottom
plan
view
thereof.
FIG- 7 1S a bottom Plan VleW thereof
11 Claim,
Claim, 44 Drawing
Drawing Sheets
Sheets
Exhibit B Page 33
U.S.
U.S. Patent
Patent
Oct.
2005
0a. 4,
4,2005
Sheet
Sheet 11 of
of44
US D510,235
D510,235 S
Fig. 1
Exhibit B Page 34
U.S.
U.S. Patent
Patent
Oct.
2005
0a. 4,
4,2005
Sheet
Sheet 2 of
of44
US D510,235
D510,235 S
Fig. 2
Fig. 3
Fig.
Exhibit B Page 35
U.S.
U.S. Patent
Patent
Oct.
2005
0a. 4,
4,2005
Fig. 4
Sheet
Sheet 3 of
of44
US D510,235
D510,235 S
Fig. 5
Exhibit B Page 36
U.S. Patent
0a. 4,
4 2005
Oct.
Sheet
Sheet 4 of
of44
US D510,235 S
Fig. 6
Fig. 7
Exhibit B Page 37
EXHIBIT C
Exhibit C Page 38

111111111111111111111111111111!!!Illf!III11111111111111111111111
(12)
United States Design Patent

Meyers et al.
(54)
BOTTLE CLOSURE WITH FLIP TOP
(75)
Inventors: David 0. Meyers, Kaysville, UT (US);

Steven M. Sorensen, Alpine, UT (US)
(73)
Assignee: Runway Blue, LLC, Alpine, UT (US)
(**)
Term:
(21)
Appl. No.: 29/359,956
(22)
Filed:
(51)
(52)
(58)
LOC (9) Cl.

09-07
U.S. Cl.
D9/443
Field of Classification Search
D9/761,
D9/759, 756, 708, 709, 702, 456, 455, 454,
D9/453, 445, 443, 436, 435, 434, 439; 53/412;
248/146; 229/120; 222/109; 220/4.23;
219/439; 215/305; 206/392.6, 392.1, 692;
D7/304, 295, 392.1, 396.2, 608
See application file for complete search history.
US D626,837 S
** Nov. 9, 2010
(10) Patent No.:

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

D613,110 S * 4/2010 Lane et al.
2007/0175931 Al
8/2007 Leoncavallo et al.
D9/443
D7/392.1
14 Years
CN
201139196
10/2008
Apr. 16, 2010
(56)
2/1942
10/1951
2/1962
2/1965
2/1989
11/1991
3/1994
3/1995
1/1999
3/2005
4/2005
9/2006
10/2006
5/2007
7/2007
4/2008
11/2008
2/2009
5/2009
5/2009
Cobel
Zurlinden
Daniell
Underwood
Leonetti et al.
Karppinen et al.
Inouye
Cautereels et al.
De Baschmakoff
Walters, Jr.
Ancona
Li
Carreno et al.
Leoncavallo et al.
Forsman
Roth et al.
Roth et al.
Miller et al.
Pinelli et al.
Choi et al.
(Continued)
Primary Examiner Susan Bennett Hattan
(74) Attorney, Agent, or Firm Kirton & McConkie; Michael
F. Krieger; Adam D. Stevens
CLAIM
The ornamental design for a bottle closure with flip top, as

shown.

2,573,378 A
3,022,925 A
3,168,226 A
4,805,790 A
5,065,877 A
5,289,930 A
D356,499 S
D404,305 S
6,860,397 B1
D504,273 S
D528,862 S
D529,339 S
D543,454 S
D547,607 S
D565,353 S
D580,227 S
D586,184 S *
D592,913 S *
7,533,783 B2 *
Kor One, http://www.korwater.com/buyONE, accessed Apr. 21,

2010.
(57)
References Cited
2,272,867 A
OTHER PUBLICATIONS
DESCRIPTION
FIG. 1 is a perspective view of a bottle closure with flip top
incorporating the design of the invention, shown in a closed
position;
FIG. 2 is a right-side view thereof;
FIG. 3 is a front view thereof;
FIG. 4 is a left-side view thereof;
FIG. 5 is a back view thereof; and,
FIG. 6 is a top view thereof.
D7/608
D7/608
220/714
A bottle closure for closing a bottle and allowing access to the

contents thereof using a flip top.
1 Claim, 6 Drawing Sheets
Exhibit C Page 39

US D626,837 S
Page 2
OTHER PUBLICATIONS
Core
77,
http://www.core77.com/blog/materials/
kor one water vessel actual size 10211.asp, accessed Apr.
21, 2010.
Koyono, http://www.koyono scom/KOR-ONE-Green-Zen-WaterHydration-Vessel p/kor-one.htm, accessed Apr. 21, 2010.
Fit Sugar, www.fitsugar.com/2496788, accessed Apr. 21, 2010.

Thermos, http://www.shopthermos.com/detail/TMS+HP4000GR6,
accessed Apr. 21, 2010.
Goodlifter, http://www.goodlifer.com/2009/02/360-paper-waterbottle!, accessed Apr. 21, 2010.
* cited by examiner
Exhibit C Page 40
U.S. Patent
Nov. 9, 2010
Sheet 1 of 6
US D626,837 S
FIG. 1
Exhibit C Page 41
U.S. Patent
Nov. 9, 2010
Sheet 2 of 6
US D626,837 S
FIG. 2
Exhibit C Page 42
U.S. Patent
Nov. 9, 2010
Sheet 3 of 6
US D626,837 S
FIG. 3
Exhibit C Page 43
U.S. Patent
Nov. 9, 2010
Sheet 4 of 6
US D626,837 S
FIG. 4
Exhibit C Page 44
U.S. Patent
Nov. 9, 2010
Sheet 5 of 6
US D626,837 S
FIG. 5
Exhibit C Page 45
U.S. Patent
Nov. 9, 2010
Sheet 6 of 6
US D626,837 S
FIG. 6
Exhibit C Page 46
EXHIBIT D
Exhibit D Page 47
111111111111111111111111111111Ip6121,161 1 81!11111111111111111111111111
(12)
United States Design Patent

Meyers et al.
(54) BOTTLE CLOSURE WITH FLIP TOP

(76) Inventors: David 0. Meyers, 294 S. 850 East,
Kaysville, UT (US) 84037; Steven M.
Sorensen, 35 S. Pfeifferhorn Dr., Alpine,
UT (US) 84004
(**) Term:
14 Years
(21)
Appl. No.: 29/359,957
(22)
Filed:
D599,664 S * 9/2009 Fujinami et al.

D613,110 S * 4/2010 Lane et al.
2007/0175931 Al
8/2007 Leoncavallo et al.
D9/443
D7/392.1

CN
201139196
10/2008
OTHER PUBLICATIONS
Apr. 16, 2010
(51) LOC (9) Cl.

09-07
(52) U.S. Cl.
D9/443
(58) Field of Classification Search
D9/761,
D9/759, 756, 708, 709, 702, 456, 455, 454,
D9/453, 445, 443, 436, 435, 434, 439; 53/412;
248/146; 229/120; 222/109; 220/4.23;
219/439; 215/305; 206/392.6, 392.1, 692;
D7/304, 295, 392.1, 396.2, 608
See application file for complete search history.
(56)
US D626,838 S
** Nov. 9, 2010
(10) Patent No.:

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

2010.
(Continued)
Primary Examiner Susan Bennett Hattan
(74) Attorney, Agent, or Firm Kirton & McConkie; Michael
F. Krieger; Adam D. Stevens
(57)
CLAIM
The ornamental design for a bottle closure with flip top, as

shown and described.
References Cited
2,272,867 A
2,573,378 A
3,022,925 A
3,168,226 A
4,805,790 A
5,065,877 A
D342,898 S
5,289,930 A
D356,499 S
6,860,397 B1
D504,273 S
D528,862 S
D529,339 S
D543,454 S
D547,607 S
D565,353 S
D580,227 S
D586,184 S *
D592,913 S *
7,533,783 B2 *
2/1942
10/1951
2/1962
2/1965
2/1989
11/1991
1/1994
3/1994
3/1995
3/2005
4/2005
9/2006
10/2006
5/2007
7/2007
4/2008
11/2008
2/2009
5/2009
5/2009
Cobel
Zurlinden
Daniell
Underwood
Leonetti et al.
Karppinen et al.
Baschmackoff
Inouye
Cautereels et al.
Walters, Jr.
Ancona
Li
Carreno et al.
Leoncavallo et al.
Forsman
Roth et al.
Roth et al.
Miller et al.
Pinelli et al.
Choi et al.
DESCRIPTION
FIG. 1 is a perspective view of a bottle closure with flip top
incorporating the design of the invention, shown in a closed
position;
FIG. 2 is a right-side view thereof;
FIG. 3 is a front view thereof;
FIG. 4 is a left-side view thereof;
FIG. 5 is a back view thereof; and,
FIG. 6 is a top view thereof.
The broken lines in the figures represent the contour of the
bottle closure with flip top.
D7/608
D7/608
220/714
A bottle closure for closing a bottle and allowing access to the

contents thereof using a flip top.
1 Claim, 6 Drawing Sheets
Exhibit D Page 48

US D626,838 S
Page 2
OTHER PUBLICATIONS
Core
77,
http://www.core77.com/blog/materials/
kor one water vessel actual size 10211.asp, accessed Apr.
21, 2010.
Koyono, http://www.koyono scom/KOR-ONE-Green-Zen-WaterHydration-Vessel p/kor-one.htm, accessed Apr. 21, 2010.
Fit Sugar, www.fitsugar.com/2496788, accessed Apr. 21, 2010.

Thermos, http://www.shopthermos.com/detail/TMS+HP4000GR6,
accessed Apr. 21, 2010.
Goodlifter, http://www.goodlifer.com/2009/02/360-paper-waterbottle!, accessed Apr. 21, 2010.
* cited by examiner
Exhibit D Page 49
U.S. Patent
Nov. 9, 2010
Sheet 1 of 6
US D626,838 S
FIG. 1
Exhibit D Page 50
U.S. Patent
Nov. 9, 2010
Sheet 2 of 6
[00 0
0 00 0
000 0
US D626,838 S
0000
0 000
0 000
FIG. 2
Exhibit D Page 51
U.S. Patent
Nov. 9, 2010
Sheet 3 of 6
US D626,838 S
0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0
FIG. 3
Exhibit D Page 52
U.S. Patent
Nov. 9, 2010
Sheet 4 of 6
US D626,838 S
0 000
0 000
0 000
FIG. 4
Exhibit D Page 53
U.S. Patent
Nov. 9, 2010
Sheet 5 of 6
US D626,838 S
0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0
FIG. 5
Exhibit D Page 54
U.S. Patent
Nov. 9, 2010
Sheet 6 of 6
US D626,838 S
FIG. 6
Exhibit D Page 55
EXHIBIT E
Exhibit E Page 56

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14 oz blender bottle is
perfect fat inking up your
21oz Shaker battle with wire

whksk blender ball inside. It
Blender bottle shaker made

of PP plastic. EPA free
Blender Bottle 29
1575
$4.45 and
MPCS0.5
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UPC 503
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YX112
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VV9028
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21 Oz. Shaker bottle with a

free-floating surgical
This 14 ez shaker bottle

with blender ball wire whisk.
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stainless steel ball. it is great
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Shaker bottle
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the mini-shaker' Great for
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14 6.. shaker battle that is
great to mar protein powder.
2000 shaker battle

20 G. blender bottle:shaker
bottle with stainless steel
LPS46
$110 and up
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$1.852 and up
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$146 and up
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14oz Shaker bottle

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MPCZIO
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K3263
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Office Location
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Phone: (291) 784-70IKI
E-Mai:ghanison@harrison-danie cam
Exhibit E Page 59

41.
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25 oz Plastic Blender Bottle

asJ39552
ASHBO2
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25 oz Plastic Blender Bottle. Plastic shaker bottle with 25 oz.! 70G ml marker. 3" product dimension.
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we will notify you before processing your order. Prices will be calculated using end of day exchange rates if
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Blender Bottle
sd5a890
FA50002
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ripiptio
20oz blender bottle,BPA freedish w ash er safe.rs an ordinary shaker bottle but with a blender ball
in side. Gusto mizecl logo available.
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$4.25
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All prices and descriptions are subject to change without notice. If the price listed is different from the actual price.
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Office Location
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Oki Tappan, NJ 07675-7680
Phone: (201)784-7000
E-Mad:gharrison@harrison-daniels.com
Exhibit E Page 61

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/ PROMOTIONAL PRODUCTS SINCE 1953
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Blender Bottle (R)

Traden a me: Blender Bottle (R); Classic (TM); B lenderBa II (R)
asifM330
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20 oz miter battle. The Blender Battle is an amazing product far on the go drinks and shakes form dawn to dusk
athletic trainers, athletes and those lacking far a fit regimen pride themselves on eating healthy, The Blender is a
simple and durable shaker bottle papu la r at the gym, track and in the car. The Blender is a top choice product for
protein, nutritional and energy supplements and a top patch pro motional product used to advertise the fitness
community.
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orders contain products with different currencies. Total price is for merchandise only. Prices may be exclusive c'
any setup charges, art changes, shipping charges, state f provincial required taxes, rush charges or any other
athittian a I charges, which will be communicated prior to processing the order.
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source.
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1111111111111111
Submit
Map Data Terms of Use
Office Location
1Elewolf Rd
Otl Tappan, NJ 07675-7030
Phone: (201) 734-7030
E-Mai:gharrison@harrison-daniels.com
Exhibit E Page 62

Phone: (201)704-7000
E-Mail:uhanison0hanison-danials.mro
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Blender Bottle (RI

Trod ena me: Blender Bottle (0); BlenderBa II (R); Classic (TM)
a sVM330
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28 az. Titter bottle. The Blender Bottle is an amazing product for an the go drinks and shakes form dawn to dusk.
athletic trainers, athletes and those looking for a fit regimen pride themselves on eating healthy, The Blender is a
simple and durable shaker battle popular at the gym, track and in the car. The Blenders a top choice product for
protein, nutritional and energy supplements and a tap notch promotional product used to advertise the fitness
community.
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72
144
288
576
1,008
08.87
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any setup charges, art changes, shipping charges, stated provincial required taxes, rush charges or any other
additional charges. which will be communicated prior to processing the order.
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IMP
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-4111
:t:fr"r
Office Location
1 Dewolf Rd
Old Tappan, NJ 07675-7080
Phone: (201)784-7000
E-Mal:gharrison@harrison-danieIscom
Exhibit E Page 63

74,
15Q N-DNIELS
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21 az Shaker Bottle, Blender Bottle

si!9&417
A0167
, Share ri 15:1 El el CI
21 Oz. Shaker bottle with a free-floating surgical sta in less steel wire ball inside. Stay-open flip cap Extra wide
mouth Blender ball miter inside, The secure screw lid top ensures no spills whilst the wide spout and 'flip cap offer
an easy to use, easy to clean.dish w ash er safe light weight and portable Fits in most drink holders Mbc,pour,store all
in the same container Big ca pacify, easy-grip design, it the most ergonomically designed drinking bottle on the market;
functional and stylish!
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40161
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3,000
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34.20
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lopoo
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52.60
32.311
'49 Product Detail

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IMO
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Phone: (201)784-7000
E-Maitghantson@hantson-danieis.com
Exhibit E Page 64

Phone: (201)7847000
E-Nhail:gherrisonehmeison-daliels.corn
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Blender Bottle
a str750-5
OTA2485
Shar
ri
Blender bottle. Stay-open flip cap and extra wide mouth. Blender ball miter inside. The screw on lid, without a
rubber seal, does not leak water. Easy to use, easy to clean, and dishwasher safe.
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source.
11111111111111
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ffirl Tappan, NJ 07675-7930
Phone (291)784-700)
E-Mad gharrison@harrison-danieis.eom
Exhibit E Page 65

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14 oz Mini Mix Shaker Bottle

-3 HS17
AC121 3
share /1 D CI
This is 14 oz shaker bottle with blender ball wire whisk. Custom logo on body and different colored lids are
available. This promotional shaker bottle is a perfect product to giveaway and gift.
LOGO
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A0213
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3,0C10 F4A0
SAO
10,000
32.29
32.03
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513r000
31.64
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sal
OA"
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E-Mail: gh arrlson@harrison-danieis. corn
Exhibit E Page 66

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Blender Bottle
K3142
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ri
im
Shaker bottle"Blender bottle with stainless steel ball inside for meting, Size:14 oz.
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K3142
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5,000
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014
MEM
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Office Location
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Phone(201) 7847000
E-M
gharrisoriOharrison-daniels. cart!
Exhibit E Page 67

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asd79625
ARZ24
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14 oz. shaker bottle with stainless steel ball. It is great to mtx up protein powders. We have stock lids color: red,
black, green, blue, pink, purple. Logo can be customized on the bottle.
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750
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10,000
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53.55
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scarce.
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Office Location
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Phone. (201)734-7000
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Blender Bottle
K3058
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Blender bottle, 20 oz., BPA free, dishwasher safe. It's an ordinary shaker bottle but with a blender ball inside.
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3,000
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25 oz Plastic Blender Bottle

.0assa2
ASHBD2
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25 oz Plastic Blender Bottle. Plastic shaker battle wflh 25 oz. 1750 ml marker. E:" product dimension.
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50
1121)
250
500
13190
2,500
53.40
$2.44
52.35
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$2.24
12.20
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List Price

Production Tma: 10 working days, Imprint Option: Imprinted
50
100
250
500
11000
2,500
53.75
52.79
52.79
3265
52.59
52.55
Quantity
List Price

Rush Senrce : 3 working days
Quantity
100
250
500
1,1100
2,500
$3.35
5324
53.15
3EI.11
53.06
50
List Price
$4.50

Rush Senrce : 2 working days
Quantity
50
100
250
000
1,030
2,000
List Price
4.53
53.63
53.51
53.45
53.37
53.32
Product Detail
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All prices and descriptions are subject to change w thou' notice. If the price listed s different from the actual price,
we will notify you before processing your order. Prices will be calculated using end Oil:fay exchange rates if
orders contain products wtflh different currencies. Total price s for merchandise only. Prices may be exclusue of
any setup charges, art changes, shipping charges, state I provincial requ Ted taxes, rush charges or any other
addrtion al charges, which will be communicated prior to processing the order.
Into rmation. data andior screens [the 'Materiar) from this she may not be copied, duplicated, saved, archived, or
captured by any means except that the Material may be used as part or normal browser caching and printing
performed in the course on using the she for its intended purpose.
r71 -
Exhibit E Page 70

-DA .IEL
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Blender bottle
asLd9707
MPCA03
I share ME r1111:1
14 oz blender bottle with stainless steel ball. Great for mbring up protein powders. 1.1tOn g. pouring and storing all in
the same container. Custom logo on body and different colored lids are available.
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3,000
10000
52.11
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20.000
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E-M gharrison@horrison-daniels.com
Exhibit E Page 71

Phone. {20117847000
E-Ntail'ohanisonidhanison-daniels corn
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Customize logo 14oz mini shaker bottle/blender bottle

LPT23
Share
ran DE in
The 14 oz beverage blending bottle with the wire ball miser. Custom logo on body and different colored lids are
LU
available. This promotional bottle is a perfect giveaway at health clubs and spas! 3 15116" x 2 9/16" x6 9/15".
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LPT23
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Quantity
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3,008
S,01.10
10,000
WACO
List Price
33.90
$2.49
52.03
31.95
31.64
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any setu p charges. art changes, shipping charges, stated provincial required taxes, rush charges or any other
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CEtE Terms of Use
Office Location
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None: (201)734-7000
E-Mai:gharrisorWorrison-danieFs.carn
Exhibit E Page 72

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Protein Shaker Blender Bottle 26 oz

as.U40 P11
W1115L
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1113 1:111E1
This effective, unique BPA-free 26 oz. shaker bottle is perfect far mixing up your protein powder, mixed drink,
eggs, sauces, dressings, batter and morel Inside the bottle is a stainless steel wire whisk ball that mines the
contents into a smooth blend everytime. The large imprint area is the perfect promotional tool that will display your
logo or message. You can me, pour and store all in this handy container'
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500
1600
5000
10,000
$6.50
$6.10
55.70
$5.20
34.80
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Office Location
1 Dewolf Rd
Phone: (201)7N-7000
gharrisond)harrison-daniels. com
Exhibit E Page 73

Phone. [201] 7047000
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Protein Shaker Blender Bottle 16 oz

EISL.,
11
W11155
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This effectve, unique CPA-free 16 oz. shaker bottle is perfect for mining up your protein powder. mined drink,
eggs. sauces, dressings, batter and more! Inside the bottle is a stainless steel wire whisk ball that mines the
contents into a smooth blend ever/time. The large imprint area is the perfect promotional tool that will display your
logo or message. You can mts, pour and store all in this handy container!
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4,006
spoo
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56.12
56.01
55.60
55.09
$465
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oil Tappan, NJ 07675-7030
Phone (201j 734-7000
E-Mai:gharrisoratarrison-danieks.com
Exhibit E Page 74

Phone: 1:201 )7847000
E-Mail:gnartiamiD,harti.n-daniels.com
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Blender Bottle
asu77701
BBB
ii..1111111117Elti
20az blender bottle, EPA free, dishwasher safe. It's an ordinary shaker bottle but with a blender ball inside.
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Office Location
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Oki Tappan, NJ 076757080
Phone'. (201) 784-7000
E-Mai:gharriSOn@tharillSOn-danietS.COM
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Phone: (201)789-7000
ig haffisonQJI arrison-da n iels. corn
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Blender Bottle Shaker Made of PP Plastic

asU424.20
1575
Lsh... 110 0
Blender battle shaker made of PP plastic. EPA free. Colored lid and stainless steel ball inside. Volume measurements
indicated an side (100-600 ML} (4-20 on ces). Individual bag. Size: 11"x Y diam. Weight: 0.264 pounds.
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192
348
480
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S`_-.NE
SE.45
54.95
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Exhibit E Page 76

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Blender Bottle 28 oz. SportMixer (TM)

Tradaname: SportMi<er (71.1)
asir14330
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in
Blender bottle, Sport Mincer (111}. Perfect for water, flavored drink mutes, Electrolytes, supplement dikes, energy
drinks and protein powders. Meal replacements, nutritional supplements, smoothies, shakes and fiber powders and
more! Convenient sport loop for easy carrying. Large drinking sport, rubberized oyerma ding for a no-slip grip. BP
free-Eastman Trttan. Patented blender ball inside, surgical grade stainless steel.
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$12.53
$1 2.24
$11.98
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Office Location
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Phone: (201) 784-71300
E-Matgharrisoraharrison-dan corn
Exhibit E Page 77

Phone (201)781-7000
E-Mai 1:g haTison{B,FlartisorHfan iels corn
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Traa en a me: Spo rtM her UM,
asnano
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Blender bottle, Sport Mter (TM). Perfect for water, flavored drink mikes, Electrolytes, supplement mbtes, energy
drinks and protein powders. Meal replacements, n utrftiona I supplements, smoothies. shakes and fiber powders and
mare! Convenient sport loop for easy carrying, Large drinking sport, rubberized overmolding for a no-slip grip. BP
free-Eastman Tritan. Patented blender ball inside, surgical grade stainless steel.
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Quantity
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144
286
576
1,008
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$11.59
$11.19
$14.88
514.62
510.44
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1 Dewolf Rd
Phone (201)734-7000
E-Mad:gharrison@harrison-daniels. COM
Exhibit E Page 78

Phone: (201)7847000
E-MailvheursorlOrnam.rr-daniels.com 0 item -Cart
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DA FELS
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2Ooz Blender BottlefShaker Bottle

asitNR707
MPC SD5
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26oz blender bottle/shaker bottle with stainless steel ball. Great far inking up protein powders. hiking, pouring, and
storing all in the same container. Custom logo on body and different colored lids are available. Size is 3 3/4" x 2 3/4"
am S 1/2".
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MPC 505
Quantity
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250
SCIO
$4.413
53.994
1000
3,000
5,6011
10,000
33.955
52.531
$2.143
$1.862
:..q
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Phone: (201)784-7M
E-M ad: gharrisorQharrison-d Reis. com
Exhibit E Page 79

Phone: (201)784-7000
E-Mail:ghartisonpathartisort-daniels.00rn
r !ern- WT.
180 r -DANIELS
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Shaker BottleiBlender Bottle 20oz

YX112
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11031:1151:1
24 oz blender bottle is perfect for inking up your protein powder, mbKed drink, eggs, sauces, dressings, batter and
more! Inside the bottle is a stainless steel wire whisk ball that mores the contents into a smooth blend every time.
Made with new material of PS. Fatanstic promotional item with your logo or brand printed an. Assorted colors are
available. Meet food Standard SPA Free. RAS color is workable. Different colors of lids are available.
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1,000
2,000
5,000
5435
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$2.15
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Phone: (2011734-7000
E-M gharrisoraharrison-daniels. cam
Exhibit E Page 80

Phone: (201 l .24-7000
f
E-Mail:ohmison-A.hertison-daniels.corn
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Protein Shaker Blender Bottle 14oz

2
YX111
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0
0
14 oz blender bottle is perfect for mking up your protein powder, mined drink, eggs, sauces, dressings, batter and
more Inside the bottle is a stainless steel wire whisk ball that manes the contents into a smooth blend every time.
Made with new material of PS. Fatanstic promotional item with your logo or brand printed on. Assorted colors are
available. Meet food Standard EPA Free. PM5 color is workable. Not intended for hot beverages; hand wash only
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SOO
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2,000
53.83
53.50
$3.50
5,400
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Office Location
1 Ilewolf Rd
Phone: (201) 741-7000
E-Mail gbarrson@harrison-danieks corn
Exhibit E Page 81

Phone: (201)784-7000
E-Mail:ghertisonetherrixon-daniels.com
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H 18
-DAN I ELS
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Blender bottle
a se77f 01
W9028
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nminici
21oz Shaker bottle with wire whisk blender ball inside. It is great for mtking up any protein powders. Ida, pour and
store all in the same container. Easy to use, easy to clean and dish w ash er safe.
er
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Quantity
1,400
3,000
5,000
10,0430
20,000
List Price
34.35
$3.55
53.25
$2.65
$2.25
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Office Location
1 Dewolf Rd
OM Tappan, NJ 07675-7030
Phone. (201) 734-70130
E-Mai: ghartisoneharnson-danieks. earn
Exhibit E Page 82

Phone: (2011784-7000
E-Mail:ghanimsn*herri.n-daniels.corn C item-Cart
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Shaker Cup
a sk75105
KSW13
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110131:1
14 oz shaker cup with stainless steel ball. Great for mleing up protein powders. Mtqng, pouring and storing all in :same container. 3 3!4"x 2 3!4"x 6 1116"
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53.43
3,000
5,000
10.000
20,300
52.53
51.37
51.77
51.0.3
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Phone: (201)784-700
E-Mad:harrisoriOharrison-d n is.corn
Exhibit E Page 83

Phone: (201) 72.1-7000 I E-Vlail:ghonisong0hartison,danielseorn
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Shaker bottle
asi7E10E
ill Ai
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K5E16
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1:1
Have the perfect shake with the min i-sh aked. Great Per nutritional drinks, protein shakes, diet drinks or milk-shakes. It
includes stainless steel shaker ball. 14 on shaker bottle I shaker cup with stainless steel ball. Great for inking up
protein powders. Meting, pouring and storing all in the same container.
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KSE16
Quantity
2,000
3,000
5,006
10,000
500
,017
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52.30
52.15
51.57
51.60
51.57
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Rhone (201)784-7000
f-Mai: gharrson@harrison-danieis. cam
Exhibit E Page 84

Phone. (201) 784-7000 I E-Mailvhartinongthertison-danielm corn
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20 Oz. Shaker Bottle
SW"
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KSDO4
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7h is is 20 oz Shaker bottle with wire whisk blender ball inside. CPA free. Custom logo can be imprinted with all
colors.
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Quantity
1,000
3,000
0,000
10,0D0
54000
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53.25
324e
32.03
51.73
01.43
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Office Location
1 Dewolf Rd
Phone: (201) 784-7000
E-Mai:gharrisorwathorrison-daniels.corn
Exhibit E Page 85

Phon -1:201 )7247000 I E-Melt:oharrison.g!hanison-daniels.corn
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106
ask7962E
ARZ14
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20 oz. shaker bottle with stainless steel ball. It is great to mho up protein powders. We have stock lids color: re
black, green, blue. Logo can be customized on the bottle.
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750
5000
2000
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54.16
$4.14
$3.80
$3.60
10,000
51.98
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IttNiti
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Phone: (201) 704-7606
E-Mai:gherrsonaharrison-daniels.corn
Exhibit E Page 86

Phone: (201) 704-701:10
E-Mail:ghanison@hanison-claniels.corn
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I4111.1E
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LPR45
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20 DZ. shaker bottle that is great to mt protein powder. Available lids colors: red, blue, green, black, purple, pink.
Features measuring marks on the sides. You can match your logo color to the Iids.BPA free, dishwasher safe.
Size: 2 112" D x 612' H.
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LPR45
Quantity
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1,000
2,000
5,000
List Price
54.20
54.05
$3.75
53.611
15
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Phone: (201)784-7000
E-M ail: gharrlson@harrIson-daniels. com
Exhibit E Page 87

Phone: (201) 784-7000
E-Mail:8 hanisongathatison-chei iels. corn
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asir7g9g,
LPR46
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CI) 03
431
13
14 DZ shaker battle that is great to mk protein powder. Available lids colors: red, blue, green, black, purple, pink.
Features measuring marks on the sides. You can match your logo color to the lids.BPA free, dishwasher safe.
Size. 6314" Lx 3 314" W.
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LPR46
quantity
NMI
ODD
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6,9011
10,000
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53.811
53.63
53.411
52.67
51.74
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1 Dewolf Rd
Od Tappan, ALI 07675-7033
Phone: (201) TM-NW
E-Mai:gharrisorOharriso.darkieb.com
Exhibit E Page 88

Phone: (201)78.1-7000
E-Meil:ghorti.mialhoni.n-deniels.com
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20oz shaker bottle

MPC006
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20 oz blender bottleish akar bottle with stainless steel ball. Great for mbcing up protein powders. P.Iting, pouring and
storing all in the same container. Custom logo on body and different colored lids are available.
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Quantity
1,000
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.3(000
5,000
10;000
32.148
.91 .?.2
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Phone: (201) 734-700)
E-M ait gharrisoreharrison-daniels.com
Exhibit E Page 89

Phone' /701)724-7000
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14 oz Plastic shaker bottle with stainless steel wire ball

K3262
shm-e
MDErlD
14 az blender bottle with stainless steel ball. Great for mteing up protein powders. Mtqng, pouring, and storing all in
the same container. Custom logo on body and different colored Ids are available. Measures 3.7" x 2.75"x 6.7"
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S325
53.11
$2.13
51.94
S1.53
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Office Location
1 Dewolf Rd
Rhone (201) 794-7000
E-Mai:ghamisora.hamison-dan com
Exhibit E Page 90

Phone: (2011784-7000
E-Mail:ghanimin-Bainartio3n-daniels.com
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14oz Shaker bottle

as4+69707
MPCM11
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IIIMIDD
Promotional shaker bottle, Blender bottle with stainless steel ball inside for mkcing.
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20oz Shaker Bottle

asiffiP7i7,7
MPCXE19
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20az Blender battle with stainless steel ball. Great for miring up protein powders. Miring, pouring and storing all in
the same container. Custom logo on body and different colored Ids are available. Dimensions: 3.75' L x 2.75" W x
8.65- H
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34.27
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Shaker bottle, 14 oz. blender bottle w Eh stainless steel ball. Great for meting up protein powders. hitting, pouring
and storing all in the same container. Custom logo on body and different colored lids are available. 3.685" x 2.75" x
6.658"
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20oz Shaker bottle

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20 oz shaker bottleiblender battle with stainless steel ball. Great for inking up protein powders. Id kin g, pcuries and
storing all in the same container. Custom logo an body and different color lids are available.
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14oz Shaker Bottle

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1 daz Blender bottle with stainless steel ball. Great far mtxing up protein powders. hiking, pouring and storing all in
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14oz Shaker Bottle

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14az Blender bottle with stainless steel ball. Great for inking up protein powders. MMng, pouring and storing all in
the same container. Custom logo on body and different colored lids are available. Dimensions: 3.75" L x 2.75- W x
6.69- H
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Shaker Bottle with Stainless Steel Ball Inside for Mixing

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20 Gz!Er0 GmL blender bottlealtern ate name shaker battle. with wire whisk ball inside. It is great far mticing up any
protein powders. Mtxing, pouring, storing all in the same container. Custom logo on body and color of lid are both
available. Measures 3.71" x 2.75" x 8.63"
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Shaker bottle. 2g oz. blender bottle with wire whisk ball inside, It is great for mxing up any of protein powder_.
Muring, pouring and storing all in the same container. custom logo on body and color of lid are both available. IEEE
x 2.75" x 8.625".
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Shaker bottle
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MPCD115
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14 oz Wender bottle with stainless steel ball. Great for mMng up protein powders. Mhcing, pouring and storing all in
the same container. Custom logo on body and different colored lids are available. Measurements are 3.75"x 2.75"x
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Phone: (2011784-7000
E-M ad' gharrignneharrison-daniels corn
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Phone: (20117847000 I E-Mai hghanismOharrico,daniets.corn
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20oz Shaker bottle

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20 oz Plastic shaker bottle

.775652
K3263
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29 .16.99mL blender bottle, alternate name shaker bottle with wire whisk ball inside. It is great for rritin g up any
protein powders. Muting, pouring, storing all in the same container. Custom logo on body and color of lid are both
available.
ill ail ail
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Phone: (201)734-7000
E-Mai gFarrison@hanisor -dames. cam
Exhibit E Page 101
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Shaker bottle. 20 oz. blender bottle with wire whisk ball inside, It is great for meting up any of protein powders.
Mbong, pouring and storing all in the same container. Custom logo on body and color of lid are both available. 3.888"
x 2.75" x 8.625".
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3,009
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Exhibit E Page 102
000
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Shaker Bottle. 14 DZ. blender bottle with stainless steel ball. Great for meting up protein powders. Mtting, pouring
and storing all in the same container. Custom logo on body and different colored lids are available 3.7" x 275" x
6
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50.000
01.7E
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51.75
$1.53
Product Detail
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Office Location
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Phone: (201)784-7000
E-Mail gharristonaharrison-danieis.corn
Exhibit E Page 103
Exhibit E Page 104
Exhibit E Page 105
Mixing Bail
Exhibit E Page 106
Exhibit E Page 107
Exhibit E Page 108
Mixing Bail
Exhibit E Page 109
Exhibit E Page 110
Exhibit E Page 111
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Case 2:14-cv-08713-ODW-SH Document 1-1 Filed 11/10/14 Page 1 of 26 Page ID #:150

Exhibit E Page 144

Exhibit E Page 145

Exhibit E Page 146

Exhibit E Page 147

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Tradename: Spor[Mter ON)
asi.64330
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Blender bottle, Sport Mbcer (TM). Perfect for water, flavored drink mbces, Electrolytes, supplement mixes, energy
drinks and protein powders. Meal replacements, nutritional supplements, smoothies. shakes and fiber powders and
morel Convenient sport loop for easy carrying. Large drinking sport. rubberized overmolding for a no-slip grip. BP
free-Eastman Triton. Patented blender ball inskte, surgical grade stainless steel.
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144
288
576
1,0014
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512.24
511.98
Exhibit E Page 148

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Traden a me: SportMixer (IN't
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Blender battle, Sport Mixer (TM}. Perfect for water, flavored drink 'Tikes, Electrotyles, supplement 'Tikes, energy
drinks and protein powders. Meal replacements, nutritional supplements. smoothies. shakes and fiber powders and
more! Convenient sport loop for easy carrying. Large drinking sport. rubberized overmolding fora no-slip grip. BP
free-Eastman Tritan. Patented blender ball inside, surgical grade stainless steel.
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283
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1,008
Exhibit E Page 149
EXHIBIT F
Exhibit F Page 150
Int. Cl.: 21
Prior U.S. Cls.: 2, 13, 23, 29, 30, 33, 40 and 50
United States Patent and Trademark Office
Reg. No. 3,515,591

Registered Oct. 14, 2008
TRADEMARK
PRINCIPAL REGISTER
Blender Ball
RUNWAY BLUE, LLC (UTAH LIMITED LIABILITY COMPANY)
1953 NORTH 960 EAST
OREM, UT 84097
FOR: WHISKS, NAMELY, AGITATORS FOR MIXING AND BLENDING FOOD AND DRINKS, IN
CLASS 21 (U.S. CLS. 2, 13, 23, 29, 30, 33, 40 AND 50).
OWNER OF U.S. REG. NO. 2,641,235.

NO CLAIM IS MADE TO THE EXCLUSIVE
RIGHT TO USE ''BALL", APART FROM THE MARK
AS SHOWN.
SEC. 2(F).
FIRST USE 9-5-2000: IN COMMERCE 9-5-2000.

SER. NO. 77-414,337, FILED 3-5-2008.
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR
FONT, STYLE, SIZE, OR COLOR.
KIM MONINGHOFF, EXAMINING ATTORNEY
Exhibit F Page 151
EXHIBIT G
Exhibit G Page 152
tate of ziem
Qiniteb *tato Patent (tub Trabenuta Office
Reg. No. 3,722,198

Registered Dec. 8, 2009 1953 NORTH 960 EAST
OREM, UT 84097
Int. Cl.: 21
TRADEMARK
PRINCIPAL REGISTER
FOR: WHISKS, NAMELY,AGITATORS F OR MIXINGAND BLENDING FOOD AND DRINKS;

CONTAINERS, NAMELY, BOTTLES WITH INTERNAL AGITATORS FOR MIXING INGREDIENTS ANI) SHAKER CUPS, THE: AFORESAID CONTAINERS SOLD EMPTY, IN CLASS 21
(U.S. CLS. 2, 13, 23, 29, 30, 33, 40 AND 50).
FIRST USE 9-5-2000; IN COMMERCE 9-5-2000.
THE MARK CONSISTS OF A SPIRAL TYPE BALL.
SER. NO. 77-738,497, FILED 5-15-2009.
ELI HELLMAN, EXAMINING ATTORNEY
Director ofthe United States Potent and Urodein rk Office
Exhibit G Page 153
EXHIBIT H
Exhibit H Page 154
tate of ziem
Reg. No. 4,098,340

Registered Feb. 14, 2012

35 SOUTH PFEIFFERHORN DRIVE
ALPINE, ITT 84004
Int. Cl.: 21
FOR: CONTAINERS FOR HOUSEHOLD OR KITCHEN USE, WITH SAID CONTAINERS

BEING FOR USE WITH BEVERAGES, LIQUID FOODS, AND POWDERED FOODS; CONTAINERS, NAMELY, BOTTLES WITH NON-ELECTRIC INTERNAL AGITATORS FOR
MIXING INGREDIENTS, WI TI I TT IE AFOREMENTIONED BEING FOR BEVERAGES, LIQUID
FOODS, AND POWDERED FOODS AND ALL BEING SOLD EMPTY, IN CLASS 21 (U.S.
CLS. 2,13,23, 29, 30, 33, 40 ANT) 50).
TRADEMARK
PRINCIPAL REGISTER

THE MARK CONSISTS OF A SPIRAL TYPE BALL.
SER. NO. 85-305,315, FILED 4-26-2011.
KEVIN CORWIN, EXAMINING ATTORNEY
Director of the United Stales Patent and Trademark Office
Exhibit H Page 155
REQUIREMENTS TO MAINTAIN YOUR FEDERAL

TRADEMARK REGISTRATION
WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requirements in the First Ten Years*
What and When to File:
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the
5th and 6th years after the registration date. See 15 U.S.C. 1058, 1141k. If the declaration is
accepted, the registration will continue in force for the remainder of the ten-year period, calculated
from the registration date. unless cancelled by an order of the Commissioner for Trademarks or a
federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an
Application for Renewal between the 9th and I Oth years after the registration date.*
See 15 U.S.C. 1059.
Requirements in Successive Ten-Year Periods*
You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between
every 9th and 10th-year period, calculated from the registration date.*
Grace Period Filings*
The above documents will be accepted as timely if filed within six months after the deadlines listed above
with the payment of an additional fee.
The United States Patent and Trademark Office (USPTO) will NOT send you any future notice or
reminder of these filing requirements.
*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with
an extension of protection to the United States under the Madrid Protocol must timely file the Declarations
of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time periods for filing are
based on the U.S. registration date (not the international registration date). The deadlines and grace periods
for the Declarations of Use (or Excusable Nonuse) arc identical to those for nationally issued registrations.
See 15 U. S.C. 1058. 1141k. However, owners of international registrations do not file renewal applications
at the USPTO. Instead, the holder must file a renewal of the underlying international registration at the
International Bureau of the World Intellectual Properly Organization, under Article 7 of the Madrid Protocol,
before the expiration of each ten-year term of protection, calculated from the date of the international
registration. See 15 U.S.C. 1141j. For more information and renewal forms for the international registration,
see http://www.wipo.int/madrid/en/.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online
at http://www.uspto.gov.
Page: 2 / RN # 4,098,340
Exhibit H Page 156
EXHIBIT I
Exhibit I Page 157
tb ;;)tate5 of zifin
raint
Sportmixer
Reg. No. 4,242,830
Registered Nov. 13, 2012
RUNWAY BLUE, LLC (UTAII LIMITED LIABILITY COMPANY)

35 SOUTH PFEIFFERHORN DRIVE
ALPINE, ITT 840041555
Int. Cl.: 21
FOR: CONTAINERS, NAMELY, BOTTLES WITH INTERNAL AGITATORS FOR MIXING

INGREDIENTS AND SHAKER CUPS, WITH THE AFOREMENTION ED CONTAINERS BEING
SOLD EMPTY, IN CLASS 21 (U.S. CLS. 2, 13, 23, 29, 30, 33, 40 AND 50).
TRADEMARK
PRINCIPAL REGISTER
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT, STYLE, SIZE, OR COLOR.
SN 85-303,987, FILED 4-25-2011.
KEVIN CORW IN, EXAMINING Al 'FORNEY
00,.:01 74
Director of the United States Patent and Trademark Office
Exhibit I Page 158
REQUIREMENTS TO MAINTAIN YOUR FEDERAL

TRADEMARK REGISTRATION
WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requirements in the First Ten Years*
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the
5th and 6th years after the registration date. See 15 U.S.C. 1058, 1141k. If the declaration is
accepted, the registration will continue in force for the remainder of the ten-year period, calculated
from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a
federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an
Application for Renewal between the 9th and 1 Oth years after the registration date.*
See 15 U.S.C. 1059.
Requirements in Successive Ten-Year Periods*
You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between
every 9th and 10th-year period, calculated from the registration date.*
Grace Period Filings*
The above documents will be accepted as timely if filed within six months after the deadlines listed above
with the payment of an additional fee.
The United States Patent and Trademark Office (USPTO) will NOT send you any future notice or
reminder of these filing requirements.
*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration witl
an extension of protection to the United States under the Madrid Protocol must timely file the Declarations
of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time periods for filing are
based on the U.S. registration date (not the international registration date). The deadlines and grace periods
for the Declarations of Usc (or Excusable Nonusc) arc identical to those for nationally issued registrations.
See 15 U.S.C. 1058, 1141k. However, owners of international registrations do not file renewal applications
at the USPTO. Instead, the holder must file a renewal of the underlying international registration at the
International Bureau of the World Intellectual Property Organization, under .A rticle 7 of the Madrid Protocol,
before the expiration of each ten-year term of protection, calculated from the date of the international
registration. See 15 U.S.C. 1141j. For more information and renewal forms for the international registration,
see http://www.wipo.intimadridieni.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online
at http://www.uspto.gov.
Page: 2 / RN # 4,242,830
Exhibit I Page 159
EXHIBIT J
Exhibit J Page 160
Int. Cl.: 21
Prior U.S. Cls.: 2, 13, 23, 29, 30, 33, 40 and 50
United States Patent and Trademark Office
Reg. No. 3,471,977

Registered July 22, 2008
TRADEMARK
PRINCIPAL REGISTER
Blender Bottle
RUNWAY BLUE, LLC (UTAH LTD LIAB CO)
1953 NORTH 690 EAST
OREM, UT 84097
FOR: CONTAINERS, NAMELY, BOTTLES WITH
INTERNAL AGITATORS FOR MIXING INGREDIENTS AND SHAKER CUPS, IN CLASS 21 (U.S. CLS.
2, 13, 23, 29, 30, 33, 40 AND 50).

NO CLAIM IS MADE TO THE EXCLUSIVE
RIGHT TO USE "BOTTLE", APART FROM THE
MARK AS SHOWN.
SEC. 2(F).
FIRST USE 9-5-2000: IN COMMERCE 9-5-2000.

SER. NO. 77-356,247, FILED 12-19-2007.
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR
FONT, STYLE, SIZE, OR COLOR.
KELLY BOULTON, EXAMINING ATTORNEY
Exhibit J Page 161
EXHIBIT K
Exhibit K Page 162

www.Harrison-Daniels.com Screen Shots November 6, 2014
111-50 -DAN I BLS

Sion In I Create Account Home Product Search About Us Contact Us Mare
Search all Products

Tradename: SportMixer {TM)
asi/34330
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El El EMI CI
Blender bottle, Sport Mixer (TM). Perrectfor water. flavored drink mixes, Electrolytes, supplement mixes, energy
drinks and protein powders. Meal replacements, nutritional supplements, smoothies, shakes and fiber powders
and morel Convenient
e drinking sport, rubberized overmolding for a no-slip grip.
BPfiee-Eastman Tri n. Patented blender ball inside, sur ical grade stainless steel.
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we will notify you before processing your order. Prices will be calculated using end of day exchange rates if orders
contain products with different currencies. Total price is for merchandise only. Prices may be exclusive of any setup
charges, an changes, shipping charges, state 1 provincial required taxes, rush charges or any other additional
charges, which will be communicated prior to processing the order.
Information, data andlor screens (the "Materianfrom this site may not be copied: duplicated, saved, archived: or
captured by any means exceptthatthe Material may be used as part of normal browser caching and printing
WELCOME!
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night Mel Whether you are looking fore specific item or
Submit your e-mail address to gentle latest deals and promos.
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source.
Min
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Office Location
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Old Tappan, NJ P7675-TbSP
Phone: (2Er1 )711.4-TDDII
E-Mail gharrison@hamson-daniels.com
Exhibit K Page 163

www.Harrison-Daniels.com Screen Shots November 6, 2014
Phone 12011 781-7000
E-Maigharris on@harrison-daniels.c ore
0 item-Carl
R BO DANIELS
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Blender Bottle 20 oz. Spar-Mixer (TM)

Tradename: SporbMixer (TM)
asif34330
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Blender bottle, Sport Mixer (TM). Perfectfor water, flavored drink mixes, Electrolytes, supplement mixes, energy
drinks and protein powders. Meal replacements, nutritional supplements, smoothies, shakes and fiber powders
and moreiConvenients
e drinking sport, rubberized overmolding for a no-slip grip.
BP free-Eastrnan Tri n. Patented blender ball inside, su ical grade stainless steel.
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A Pricing
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Ce Product Detail
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All prices and descriptions are subject to change without notice. If the price listed is differentfrom the actual price,
we will notify you before processing your order. Prices will be calculated using end of day exchange rates larders
contain products with different currencies. Total price is for merchandise only. Prices may be exclusive Many setup
charges, art changes, shipping charges, state /provincial required taxes, rush charges or any other additional
charges, which will be communicated prior to processing the order.
Information, data and/or screens (the "Matenal")trom this site may not be copied, duplicated, saved, archived, or
captured by any means exceptthatthe Material may be used as part of normal browser caching and printing
WELCOME]
Newsletter
Looking for promotonal products? You've come to the
Submit your e-mail address to getlhe latest deals and promos.
night site" Whether you are looking for a specific item or

source.
Submit
'can, ,o1
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Office Location
1 Dewolf Rd
Phone: 21)117114-7000
E-Mall:gharnsongharnson-danteis.c.txn
Exhibit K Page 164
OPPA/
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
Central District of California
LI
Sundesa, LLC, a Utah Limited Liability Company,
Plaintiffs)
Civil Action No.
V.
CV14-08713 PA (SHx)
Harrison-Daniels, Inc., a Delaware Corporation,
Defendant(s)
SUMMONS IN A CIVIL ACTION

To: (Defendant's name and address)
A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) -- you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,
whose name and address are: Taylor J. Wright
Maschoff Brennan
20 Pacifica, Suite 1130
Irvine, California 92618
(949) 202-1900
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion. with the court.
CLERK OF COURT
Date:
Signotuil of Clerk or De
I WAGERS
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)
C7 I personally served the summons on the individual at (place)
on (date)
; or
CI I left the summons at the individual's residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
, and mailed a copy to the individual's last known address; or

, who is
CI I served the summons on (name of individual)

designated by law to accept service of process on behalf of (name of organization)
on (date)
; or
; or
CI I returned the summons unexecuted because

CI Other (specift):
My fees are $
for travel and $
for services, for a total of $
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:
0.00
TI
FOR UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

CIVIL COVER SHEET
I. (a) PLAINTIFFS ( Check box if you are representing yourself
DEFENDANTS
( Check box if you are representing yourself
Harrison-Daniels, Inc., a Delaware Corporation
Sundesa, LLC, a Utah Limited Liabilty Company
(b) County of Residence of First Listed Plaintiff Utah County, Utah
County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES)
(IN U.S. PLAINTIFF CASES ONLY)
(c) Attorneys (Firm Name, Address and Telephone Number) If you are
representing yourself, provide the same information.
Attorneys (Firm Name, Address and Telephone Number) If you are

representing yourself, provide the same information.
Taylor J. Wright
20 Pacifica, Suite 1130
Irvine, California (949) 202-1900
III. CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only
II. BASIS OF JURISDICTION (Place an X in one box only.)

1. U.S. Government
Plaintiff
(Place an X in one box for plaintiff and one for defendant)

PTF DEF
1 Ll 1 Incorporated or Principal Place
Citizen of This State
of Business in this State
Citizen of Another State 2 2 Incorporated and Principal Place
of Business in Another State
Citizen or Subject of a
Foreign Nation
111 3 111 3
Foreign Country
3. Federal Question (U.S.

Government Not a Party)
LI4. Diversity (Indicate Citizenship
of Parties in Item III)
2. U.S. Government
Defendant
IV. ORIGIN (Place an X in one box only.)

Original
El 1.Proceeding
2. Removed from
State Court
Li Yes
E 5 El 5
n
6 [i] 6
6. MultiDistrict
1---1 Litigation
No (Check "Yes" only if demanded in complaint.)
Yes
V. REQUESTED IN COMPLAINT: JURY DEMAND:

CLASS ACTION under F.R.Cv.P. 23:
4. Reinstated or Ei 5. Transferred from Another

District (Specify)
Reopened
7-13. Remanded from

Appellate Court
PTF DEF
Ej 4 4
[1] MONEY DEMANDED IN COMPLAINT: $ TBD at Trial
No
VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)
35 U.S.C. Section 271 & 35 U.S.C. Section 284 - Patent Infringement; and 15 U.S.C. Sectioni 114, et seq - Trademark Infringement
VII. NATURE OF SUIT (Place an X in one box only).
[0-9TkigR STATUTES
M 375 False Claims Act
m 400 State
m Reapportionment
IM 410 Antitrust
M 430 Banks arid Banking
..450 Commerce/ICC
1 Rates/Etc.
MI 460 Deportation
m 470 Racketeer Influ-
m enced & Corrupt Org.

M 480 Consumer Credit
0 490 Cable/Sat TV
.. 850 Securities/ComI. modifies/Exchange
m 890 Other Statutory
m Actions
IN 891 Agricultural Acts

h8493tt Environmental
s
895
At Freedom of Info.
M 896 Arbitration
899 Admin. Procedures
El Act/Review of Appeal of
Agency Decision
I
.950 Constitutionality of
m State Statutes
FOR OFFICE USE ONLY:

CV-71 (10/14)
. CONTRACT
II110 Insurance
-REAL
.240 Torts to Land
m 245 Tort Product

Liability
In 290 All Other Real
M 130 Miller Act
Property
im 140 Negotiable
TORTS
Instrument
PERSONAL INJURY150 Recovery of
.
Overpayment &
II 310 Airplane
Enforcement of
,---, 315 Airplane
Judgment
l1 Product Liability
M 151 Medicare Act m 320 Assault, Libel &
m Slander
152 Recovery of
.. 330 Fed. Employers'
M
Defaulted
Student
m
Liability
Loan (Excl. Vet.)
.
340 Marine
153 Recovery of
m 34
. 5 Marine Product
1111 Overpayment of
I'm Liability
Vet. Benefits
II 350 Motor Vehicle
m 160 Stockholders'
i
n 355 Motor Vehicle
i
'm Suits
imi Product Liability
.
190 Other
mi 360 Other Personal
Contract
mInjury
m 362 Personal Injuryim 195 Contract
I Med Malpratice
i' Product Liability
365 Personal InjuryEll 196 Franchise
Product
Liability
R AL
,
--.'
367 Health Care/
.
Pharmaceutical
210 Land
Personal Injury
Condemnation
0 220 Foreclosure Product Liability
368 Asbestos
m 230 Rent Lease &
Personal Injury
Im Uectment
Product Liability
1. 120 Marine
Case Number:
IMMIGRATION
PROPERTY CONT..:
m 462 Naturalization
00
Application
m 465 Other
m Immigration Actions
TORTS
PERSONAL PROPERTY
.
370 Other Fraud
PRISONER PETITIONS
Habeas Corpus:
IIII 463 Alien Detainee
m 510 Motions to Vacate
m Sentence
.530 General
III 535 Death Penalty
Other:.:
PROPERTY RIGHTS
.820 Copyrights
El 830 Patent
840 Trademark
.
SOCIAL SECURITY
III 861 HIA (1395f0
.862 Black Lung (923)
III 371 Truth in Lending II540 Mandamus/Other
MI 863 DIWC/DIWW (405 (g))
M 550 Civil Rights

10 Property Damage
555 Prison Condition
"' 560 Civil Detainee
385 Property Damage '
II Product Liability
.Conditions of
Confinement
BANKRUPTCY
-FORFEITURE/PENALTY
422 Appeal 28
im USC 158
625 Drug Related
IISeizure of Property 21
in, 423 Withdrawal 28
USC 881
m USC 157
-,-, . CIVIL RIGHTS Aci4 111 690 Other
,
.'
'
" - - L.
III 440 Other Civil Rights IINAS1-44191
1
710 Fair Labor Standards
M 441 Voting
Act
MI 442 Employment
El 720 Labor/Mgmt.
Relati ons
443 Housing/
Accommodations
SI 740 Railway Labor Act
445 American with
m 751 Family and Medical
II DisabilitiesLeave Act
Employment
me 790 Other Labor
NE 446 American with
I
II Litigation
I Disabilities-Other
mi 791 Employee Ret. Inc.
II448 Education
1111 Security Act
I.864 SSID Title XVI
m 380 Other Personal
M
865 RSI (405 (g))
FEDERAL TAX SUITS
870 Taxes (U.S. Plaintiff or
M
Defendant)
in 871 IRS-Third Party 26 USC
im 7609
CV14-(18713 PA (SHx)
CIVIL COVER SHEET
Page 1 of 3

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
VIII. VENUE: Your answers to the questions below will determine the division of the Court to which this case will be initially assigned. This initial assignment is subject
to change, in accordance with the Court's General Orders, upon review by the Court of your Complaint or Notice of Removal.
QUESTION A: Was this case removed
from state court?
Yes '0 No
STATE CASE WAS PENDING IN THE COUNTY OF:
INITIAL DIVISION IN CACD IS:
Los Angeles, Ventura, Santa Barbara, or San Luis Obispo

If "no, " skip to Question B. If "yes," check the
0 Orange
box to the right that applies, enter the
corresponding division in response to
Riverside or San Bernardino
Question E, below, and continue from there.
Western
Southern
QUESTION B: Is the United States, or B.1. Do 50% or more of the defendants who reside in
the district reside in Orange Co.?
one of its agencies or employees, a
PLAINTIFF in this action?
check one of the boxes to the right
"""+"
0 Yes . No
If "no, " skip to Question C. If "yes," answer

Question B.1, at right.
YES. Your case will initially be assigned to the Southern Division.

Enter "Southern" in response to Question E, below, and continue
from there.
II NO. Continue to Question B.2.
B.2. Do 50% or more of the defendants who reside in

the district reside in Riverside and/or San Bernardino
Counties? (Consider the two counties together.)
YES. Your case will initially be assigned to- the Eastern Division.
0 Enter "Eastern" in response to Question E, below, and continue
from there.
NO. Your case will initially be assigned to the Western Division.

II Enter "Western" in response to Question E, below, and continue
from there.
i.
QUESTION C: Is the United States, or C.1. Do 50% or more of the plaintiffs who reside in the
district reside in Orange Co.?
one of its agencies or employees, a
DEFENDANT in this action?
"4al Yes el No
If "no, " skip to Question D. If "yes," answer

Question C.1, at right.
Eastern
C.2. Do 50% or more of the plaintiffs who reside in the

district reside in Riverside and/or San Bernardino
Counties? (Consider the two counties together.)
YES. Your case will initially be assigned to the Southern Division.

Enter "Southern" in response to Question E, below, and continue
from there.
MI NO. Continue to Question C.2.

YES. Your case will initially be assigned to the Eastern Division.
0 Enter "Eastern" in response to Question E, below, and continue
from there.
"1"411"
NO. Your case will initially be assigned to the Western Division.

Enter "Western" in response to Question E, below, and continue
from there.
QUESTION D: Location of plaintiffs and defendants?
A.
B.
Orange County
Riverside or San
Bernardino County
Indicate the location(s) in which 50% or more of plaintiffs who reside in this district
reside. (Check up to two boxes, or leave blank if none of these choices apply.)
_1
Indicate the location(s) in which 50% or more of defendants who reside in this
district reside. (Check up to two boxes, or leave blank if none of these choices
apply.)
I-
D.1. Is there at least one answer in Column A?

Yes
1
C.
Los Angeles, Ventura,
Santa Barbara, orSan
Luis Obispo County
D.2. Is there at least one answer in Column B?
L>_<j No
Yes
X No
If "yes," your case will initially be assigned to the
If "yes," your case will initially be assigned to the
SOUTHERN DIVISION.
EASTERN DIVISION.
Enter "Southern" in response to Question E, below, and continue from there.
Enter "Eastern" in response to Question E, below.
If "no," go to question D2 to the right.
If "no," your case will be assigned to the WESTERN DIVISION.
No+
Enter "Western" in response to Question E, below.

QUESTION E: Initial Division?
INITIAL DIVISION IN.CACD
Enter the initial division determined by Question A, B, C, or D above:
WESTERN
QUESTION F: Northern Counties?

Do 50% or more of plaintiffs or defendants in this district reside in Ventura, Santa Barbara, or San Luis Obispo counties?
CV-71 (10/14)
CIVIL COVER SHEET
Yes
X No
Page 2 of 3

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
IX(a). IDENTICAL CASES: Has this action been previously filed in this court?
NO
Ei
YES
If yes, list case number(s):
IX(b). RELATED CASES: Is this case related (as defined below) to any civil or criminal case(s) previously filed in this court?
[X] NO
n YES
If yes, list case number(s):
Civil cases are related when they (check all that apply):
A. Arise from the same or a closely related transaction, happening, or event;

B. Call for determination of the same or substantially related or similar questions of law and fact; or
C. For other reasons would entail substantial duplication of labor if heard by different judges.
Note: That cases may involve the same patent, trademark, or copyright is not, in itself, sufficient to deem cases related.
A civil forfeiture case and a criminal case are related when they (check all that apply):
Li
A. Arise from the same or a closely related transaction, happening, or event;
Li B. Call for determination of the same or substantially related or similar questions of law and fact; or
ri C. Involve one or more defendants from the criminal case in common and would entail substantial duplication of
labor if heard by different judges.
X. SIGNATURE OF ATTORNEY
(OR SELF-REPRESENTED LITIGANT):
DATE:
November 10, 2014
Notice to Counsel/Parties: The submission of this Civil Cover Sheet is required by Local Rule 3-1. This Form CV-71 and the information contained herein
neither replaces nor supplements the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. For
mare detailed instructions, see separate instruction sheet (CV-071A).
Key to Statistical codes relating to Social Security Cases:

Nature of Suit Code Abbreviation
Substantive Statement of Cause of Action

All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended. Also,
include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program.
(42 U.S.C. 1935FF(b))
861
HIA
862
BL
863
DIWC
All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as amended; plus
all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405 (g))
863
DIWW
All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security Act, as
amended. (42 U.S.C. 405 (g))
864
SSID
865
RSI
CV-71 110/14)
All claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969. (30 U.S.C.
923)
All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, as
amended.
All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended.
(42 U.S.C. 405 (g))
CIVIL COVER SHEET
Page 3 of 3

Sundesa v. Harrison-Daniels - Complaint

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Sundesa v. Harrison-Daniels - Complaint

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CT- Document 1 Filed 11/10/14 Page 1 of 143 Page ID #:7

-aylor J. Wright (California State Bar No. 288609)

20 Pacifica, Suite 1.13()

Attorneys for Plaintiff Sundesa, LLC

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

Sundesa, LLC, a Utah Limited Liability

Civil Action No.

COMPLAINT FOR PATENT AND

Harrison-Daniels, Inc., a Delaware

[Demand for Jury Trial]

East Lehi, Utah 84043.

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

Sundesa alleges Defendant is a corporation organized and existing under the

Road #205 Old Tappan, New Jersey 07675.

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

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

Bus. & Prof. Code 17200, et seq.

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

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

Case 2:14-cv-08713-ODW-SH Document 1 Filed 11/10/14 Page 3 of 143 Page ID #:9

and commercial website, http://harrison-daniels.espwebsite.com (Defendants

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

This Courts exercise of personal jurisdiction over Defendant is consistent

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

sells, inter alia, BlenderBottle and SportMixer shaker cups.

Sundesas technological innovations are protected by, inter alia, a portfolio

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

Patents since their introduction to the market.

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

Case 2:14-cv-08713-ODW-SH Document 1 Filed 11/10/14 Page 4 of 143 Page ID #:10

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

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

methods of the 032 Patent.

Use of any of Defendants Accused Products infringes the 032 Patent.

The Accused Products have no substantial non-infringing uses.

838 Design Patent.

Furthermore, the design of each of the Accused Products is so similar to the

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

embodying the claims of the Asserted Patents.

Commensurate with this filing, Sundesa mailed Defendant a courtesy copy

of this Complaint and the Asserted Patents.

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

since the filing of this Complaint.

Case 2:14-cv-08713-ODW-SH Document 1 Filed 11/10/14 Page 5 of 143 Page ID #:11

Sundesa is also the exclusive licensee of several federally registered

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

Sundesas Blender Ball trademark, including the 591 Registration, is

referred to herein as the Blender Ball Trademark.

Sundesas Blender Bottle trademark, including the 977 Registration, is

referred to herein as the Blender Bottle Trademark.

Sundesas SportMixer trademark, including the 830 Registration, is referred

to herein as the SportMixer Trademark.

Registration, is referenced herein as Logo Mark 1:

Registration, is referenced herein as Logo Mark 2:

Case 2:14-cv-08713-ODW-SH Document 1 Filed 11/10/14 Page 6 of 143 Page ID #:12

As a result of, among other things, Sundesas substantial investment in the

those marks with a single source, namely Sundesa.

and uses the Asserted Trademarks to market the Accused Products.

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

or sell products that depict these trademarks.

Defendants sale, marketing, and manufacturing of the Accused Products

under the Asserted Trademarks has an effect on interstate commerce.

Defendants use of marks that are identical to the Asserted Trademarks in