Kason Industries v. KKT - Complaint

Case 3:17-cv-00026-TCB Document 1 Filed 02/23/17 Page 1 of 30
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA
NEWNAN DIVISION
KASON INDUSTRIES, INC. )

)
Plaintiff, )
) Civil Action No.
v. ) 3:17-cv-26-TCB
_____________
)
KKT, INC. d/b/a LOCKWOOD )
MANUFACTURING COMPANY, )
)
Defendant. )
)
VERIFIED COMPLAINT
Plaintiff, Kason Industries, Inc. (Kason), by and through its undersigned
counsel, brings this action for trademark infringement, counterfeiting, and related
causes of action, against Defendant, KKT, Inc. d/b/a Lockwood Manufacturing
Company (KKT), and alleges as follows:
PARTIES
1. Kason is a Georgia corporation, with its principal place of business at
57 Amlajack Boulevard, Newnan, Georgia 30265.
2. Upon information and belief, KKT is a corporation organized under
the laws of the State of Michigan, with its principal place of business located at
31251 Industrial Road, Livonia, Michigan 48150. KKT does business under the
1
name Lockwood Manufacturing Company. Defendant can be served through its
registered agent David Lamson at 31251 Industrial Road, Livonia, MI 48150.
JURISDICTION AND VENUE
3. This is an action for, inter alia, trademark infringement and
counterfeiting, trademark dilution, false designation of origin, unfair competition,
unjust enrichment, and related claims pursuant to 15 U.S.C. 1, et seq., including
1114, 1125(a), 1125(c), and for related claims of unfair competition under the
laws of the State of Georgia.
4. This Court has subject matter jurisdiction over this action pursuant to
15 U.S.C. 1121, and pursuant to 28 U.S.C. 1331, 1332, and 1338(a) and (b).
This Court has supplemental jurisdiction over Plaintiffs additional claims,
pursuant to 28 U.S.C. 1367(a), because those claims are so related to Plaintiffs
federal trademark infringement and counterfeiting claims, over which this Court
has original jurisdiction, that the additional claims form part of the same case or
controversy under Article III of the United States Constitution.
5. This Court has personal jurisdiction over KKT because KKT conducts
business in this district, at the very least by engaging sales representatives
namely Sunlow, Inc. d/b/a Master Marketing and located at 1400 English Street
NW, Atlanta, GA 30318 to market and sell products into this district. On its
2
website, KKT advertises Master Marketing as the KKT Sales Rep in Georgia.
(Exhibit A).
6. This Court also has personal jurisdiction over KKT because KKT sells
products into this district by way of ACityDiscount Restaurant Equipment &
Supply, located at 6286 Dawson Blvd Norcross, GA 30093. ACityDiscount offers
Lockwood products on its website and states that at least one Lockwood product is
shipped directly from the manufacturer [Lockwood] with warranty. (Exhibit B).
7. This Court also has personal jurisdiction over KKT because, on
information and belief, KKT has sold the infringing products at issue in this Action
into this district.
8. Venue is proper in this District under 28 U.S.C. 1391(b) and (c),
because a substantial part of the events and injury giving rise to Kasons claims
have occurred and continue to occur in this district.
RELEVANT BACKGROUND ON PLAINTIFF KASON

9. Since the 1920s, Kason has been and continues to be engaged in the
business of developing refrigeration and restaurant equipment hardware in the
United States.
10. Over the years, Kason has created hundreds of innovative, reliable
products and has grown in size, sophistication, and reputation to become a leading
3
manufacturer of commercial refrigeration and restaurant equipment hardware in
the United States.
11. In 1963, the United States Patent and Trademark Office awarded
Kason Trademark Registration Nos. 744,632 (the 632 Mark) and 744,763 (the
763 Mark) for the word KASON, noting Kasons long use of the KASON
mark in connection with refrigeration and restaurant equipment hardware as far
back as about 1928. True and correct copies of the 632 Mark and 763 Mark
are attached hereto as Exhibits C and D.
12. Today, Kason is headquartered in Newnan, Georgia, where its
facilities include nearly 250,000 square feet of manufacturing plants and offices.
13. In 1992, the United States Patent and Trademark Office awarded
Kason Trademark Registration No. 1,717,452 (the 452 Mark) for the following
stylized Kason name, sometimes known as the Kason Parallelogram Mark:
14. In 1997, Kason began selling a latch for use in commercial
refrigeration and restaurant equipment, which is designated with the Kason part
4
number 544 (hereinafter the Kason Latch). A photograph of the Kason Latch,
as currently offered by Kason is shown below:
(Exhibits E and F).
5
15. The United States Patent & Trademark Office has recognized the
distinctive appearance of the Kason Latch as a trademark belonging exclusively to
Kason. As such, Kason owns U.S. Trademark Registration No. 4,906,919 (the
919 Mark), covering the appearance of the Kason Latch:
Image from U.S. Trademark Registration No. 4,906,919
16. True and correct copies of Kasons 452 and 919 Marks (hereinafter
the Kason Marks) are attached hereto as Exhibits G and H.
17. The United States Patent & Trademark Office has also recognized the
ornamental design of the Kason Latch, and awarded Kason U.S. Design Patent No.
D391,141 (the Kason Patent), as shown below:
Image from U.S. Design Patent No. D391,141
6
18. By virtue of the issuance of the Kason Patent, as of the critical date,
the design claimed by the Kason Patent (the same design as embodied in the 919
Mark) was deemed unique, and non-functional. A true and correct copy of the
Kason Patent is attached hereto as Exhibit I.
KKT AND KASON
19. KKT is a seller of, inter alia, food service equipment, such as storage
and display cabinets. According to its website, KKT also is a manufacturing
company.
20. From about May 2010 and until about June 10, 2014, KKT purchased
from Kason the Kason Latches for use with and mounting to KKTs food service
equipment.
7
KKTS WRONGFUL CONDUCT
21. During the February 9-11, 2017 National Association of Food
Equipment Manufacturers show (NAFEM) in Orlando, Florida, KKT displayed a
number of cabinets and other equipment in KKTs display booth, as shown below:
(See Exhibits J, K, L, M, N, O). Latches that appeared to be Kason Latches were
mounted to these KKT cabinets. These non-Kason Latches incorporated into the
KKT cabinets were virtually identical in appearance to the Kason Latches, and
8
were mounted in the same manner and location to the KKT cabinets as the Kason
Latches, but were, in fact, unauthorized copies of Kasons Latch.
22. Kason thereafter purchased the KKT latches from Heritage Parts, a
parts reseller. The KKT latches from Heritage Parts are advertised as having
Manufacturer Part #: HAN-CA.
23. KKT also sells the non-Kason Latches via third party websites, such
as www.ACityDiscount.com, as depicted below:
9
(Excerpt from Exhibit B) (red circles added).
24. The non-Kason Latch sold by KKT, which KKT identifies as Han-
Ca, is virtually identical in appearance to the Kason Latch:
(Exhibit P).
10
25. But, KKTs latch does not include the Kason Parallelogram Mark or
the part number on the bottom of the metal latch body:

Kason Latch
Han-Ca
(Exhibit Q)(annotations added).
26. Upon closer inspection, Kason discovered unique markings inside the
molded plastic handle. These markings indicate that KKTs non-Kason Latch is
manufactured using the same equipment that is used to manufacture Kason
Latches. Also, KKTs product is stamped with Kasons 452 Mark and Kasons
part number:
Han-Ca
(Exhibit R).
11
27. KKTs non-Kason Latches are virtually identical to the Kason 919
Mark and also include the Kason 452 Mark:
Kason Marks KKT Infringing Product
(Exhibit P)
(Reg. No. 4,906,919)
(Exhibit R)
(Reg. No. 1,717,452)
28. KKT has been making, using, offering for sale, selling, and/or
importing into the United States, the non-Kason Latch.
29. KKT continues to make, use, offer for sale, sell, and/or import into the
United States, the non-Kason Latch.
30. Kason and KKT are both direct and indirect competitors in the
commercial restaurant equipment industry, for at least sales of latches.
31. On information and belief, KKT acquires and sells its non-Kason
Latches at a price believed to be lower than Kasons resale price.
12
32. Kason and KKT market and try to influence the same group of
customers to purchase their wares, but KKT does so with a deficient (e.g., non-
NSF certified) product at lower prices, causing harm to Kason, including price
erosion, loss of sales, loss of goodwill, damage to the emerging market for the
trademarked goods, damage to reputation, and lost business opportunities.
33. Each sale by KKT of the non-Kason Latch is a lost sale for Kason,
causing a loss in market share, revenue, and the business opportunities reflected by
such.
34. Kasons goodwill is also at risk if KKT does not immediately stop
infringing the Kason Marks. By copying the Kason Latch and offering it as a
competitive product, KKT is trading off of Kasons reputation and goodwill as a
leading innovator in the field of restaurant equipment components symbolized by
Kasons Marks. As a result, KKT gains a competitive advantage in influencing
purchasers of its cabinets and equipment bearing the non-Kason Latches and also
unfairly gains a potential foothold in the market with customers, which irreparably
harms Kason as the single source of origin for the trademarked Kason Latch.
Furthermore, KKTs actions irreparably harm Kasons opportunity to strengthen its
relationships with customers as the sole supplier of the trademarked Kason Latch.
13
35. KKTs infringement further harms Kason, because KKT will unfairly
gain an entry into the market of selling latches, including selling related
replacement parts in the future, as well as the aftermarket for repairs.
36. Customers purchase and incorporate latches into the products they
manufacture including commercial heated and refrigerated cabinets. After time,
the customers will often need replacement parts and aftermarket repairs. As would
be expected, those customers turn to Kason.
37. Once a customer has made investments of time, energy and resources
into choosing certain hardware and parts from one manufacturer, and has
confirmed that the finished product meets all applicable codes and desires, it is
reluctant to change manufacturers and/or products and, as a consequence, it
becomes very difficult for another manufacturer to sell competing hardware to the
customer. Additionally, once a piece of hardware is installed and in use, the
hardware manufacturer gains the intangible benefit of beginning to build a stronger
relationship with the end users who become familiar with the hardware through
actual day-to-day use. For these reasons, Kason commonly invests a substantial
amount of time, energy and resources into developing, patenting, certifying,
registering, marketing and selling new products, such the Kason Latch, to
customers with the reasonable expectation that there will be a substantial return on
14
its investments as the new products emerge in the marketplace, and as replacement
parts and repairs are needed. As a result, once KKT misuses the appearance of the
non-Kason Latch to convince a customer to order latches from KKT, Kason is
immediately and irreparably harmed.
38. On information and belief, KKTs non-Kason Latches are not NSF
certified, and are deficient in at least that respect. NSF certification requires
compliance with strict standards and procedures, undergoing extensive product
testing and material analysis. The Kason Latches are NSF certified. (See
http://info.nsf.org/Certified/Food/Listings.asp?Company=25800&Standard=002;
Exhibit F).
39. Kason invested substantially in developing, patenting, trademarking,
creating, achieving NSF certification, improving, and marketing its Kason Latch.
By doing so, Kason created a demand for the Kason Latch among customers and
others in this market. Kason reasonably expected the trajectory of its development,
marketing, and sales efforts and investments to result in sales to many different
customers and at prices commensurate with its market position for these products,
and with gaining positive goodwill and reputation for its products and features, and
with additional business opportunities flowing therefrom due to Kason having an
early foothold in the emerging market for its branded and patented products.
15
40. Instead of Kason and its Kason Latch continuing this trajectory and
achieving these results, KKTs infringing actions have caused others to purchase
non-Kason Latches from KKT instead of Kason, and have caused and will
continue to cause Kason to suffer irreparable harm including lost sales, price
erosion, loss of goodwill, damage to reputation and lost business opportunities.
41. Additionally, KKT, by infringing the Kason Marks and continuing to
infringe the Kason Marks, has unfairly gained a foothold in the market Kason has
created. KKT has displaced Kason from the full foothold Kason should have had
among customers in the market by reason of Kasons development, patenting,
trademarking, marketing, and sales efforts.
42. As a result of KKTs actions, Kason has or will suffer price erosion,
loss of goodwill, damage to reputation, future damages from lost sales of
replacement parts and equipment repair, and loss of other business opportunities.
As a result, Kason will be irreparably harmed by KKTs actions.
COUNT I
(Trademark Infringement and Counterfeiting 15 U.S.C. 1114)
43. Kason restates and incorporates the averments set forth in the above
paragraphs as if fully set forth herein.
44. The Kason Marks and the goodwill of the business associated with
them in the United States and throughout the world are of great and incalculable
16
value, are highly distinctive, and have become universally associated in the public
mind with Kasons products and related services of the very highest quality and
reputation finding their source from the Kason.
45. KKT has manufactured, distributed, offered for sale, and/or marketed
products to the consuming public using a counterfeit mark and/or in direct
competition with Kasons provision of goods under the Kason Marks, in or
affecting interstate commerce. KKT acted without Kasons authorization or
consent, and with knowledge of Kasons well-known and prior rights in the
registered Kason Marks. Despite that knowledge, KKTs latches are intentionally
confusingly similar to and/or substantially indistinguishable from, the Kason
Marks and, in some cases, bear Kasons name and product number.
46. KKTs use of copies or confusingly similar versions of the Kason
Marks in conjunction with advertising KKTs goods is likely to cause, and is
causing, confusion, mistake, and deception among the general purchasing public as
to the origin of KKTs goods, and is likely to deceive the public into believing the
goods being promoted and sold by KKT bearing the Kason Marks originate from,
are associated with, or are otherwise authorized by Kason, all to the damage and
detriment of Kasons reputation, goodwill, and sales.
17
47. KKTs use of the Kason Marks also is likely to cause, and is causing,
confusion, mistake, and deception among the restaurant equipment selling
community and purchasing public, many of whom are small business owners, as to
the origin of related goods bearing the Kason Marks, and is likely to deceive that
public into believing that KKTs products are related goods that originate from, are
associated with, or are otherwise authorized by the Kason, all to the damage and
detriment of Kasons reputation, goodwill and sales.
48. Kason has been and will continue to be harmed by KKTs wrongful
conduct.
49. KKTs aforesaid acts have irreparably harmed Kason and will
continue to irreparably harm Kason unless enjoined by the Court, as a result of
which Kason is without adequate remedy at law.
50. As the direct and proximate result of KKTs deliberate and intentional
infringement, KKT has been unjustly enriched while Kason continues to suffer
injury in an amount not yet ascertained, including future damages from loss of
replacement parts and equipment repair.
51. Kason is entitled to treble damages, attorneys fees, and/or statutory
damages for KKTs use of counterfeit marks pursuant to 15 U.S.C. 1117(b) and
1117(c).
18
52. Kason also is entitled to injunctive relief, as detailed in 15 U.S.C.
1116, including seizure of goods bearing counterfeit marks under 116(d).
COUNT II
(Unfair Competition and False Designation of Origin 15 U.S.C. 1125(a))
paragraphs as though fully set forth herein.
54. The goods bearing the Kason Marks sold and offered for sale by KKT
are of the same nature and type as the goods and services sold and offered for sale
by Kason and, as such, KKTs use is likely to cause confusion to the general
purchasing public, and to the restaurant franchise purchasing public.
55. By misappropriating and using the Kason Marks, KKT misrepresents
and falsely describes to the general public and to the purchasing community the
origin and source of the goods bearing the Kason Marks and creates a likelihood of
confusion by consumers and by the purchasers of products as to the source of such
goods and services.
56. KKTs actions in using the Kason Marks constitute a false designation
of origin, sponsorship, approval, or certification, and a false description or
representation of fact, in violation of Section 43(a) of the Lanham Act, 15 U.S.C.
1125(a).
19
57. Because of Kasons open and widespread use of the Kason Marks in
the promotion of Kasons business which competes with KKTs business, and in
light of (1) the appearance of the Parallelogram Mark on KKTs non-Kason
Latches and (2) KKTs past business relationship with Kason, KKTs use of the
Kason Marks is with knowledge and in willful disregard of Kasons rights therein.
58. Kason has been and will continue to be harmed by KKTs wrongful
conduct.
which Plaintiff is without adequate remedy at law.
infringement, KKT has been unjustly enriched while Kason continues to suffer
injury in an amount not yet ascertained.
COUNT III
(Federal Trademark Dilution 15 U.S.C. 1125(c))
62. The Kason Marks are inherently distinctive and, as a result of Kasons
longstanding and substantial use, and significant advertising expenditures and sales
20
success, the Kason Marks have developed significant goodwill and have become
famous.
63. KKTs improper and unlicensed use of the Kason Marks in interstate
commerce began after the Kason Marks became distinctive and famous among the
consuming public.
64. KKTs marketing and display of its products utilizing the Kason
Marks have diluted, continue to dilute, and/or are likely to cause dilution by
blurring the distinctive quality of the famous Kason Marks, in violation of 15
U.S.C. 1125(c).
65. Because of Kasons open and widespread use of the Kason Marks in
the promotion of the restaurant equipment parts business, which competes with
KKTs business, and in light of the enclosed name Kason appearing on KKTs
non-Kason Latches, and KKTs past business relationship with Kason, KKT
willfully intended to trade on Plaintiffs goodwill, and to cause dilution of the
Kason Marks.
66. Plaintiff has been and will continue to be harmed by KKTs wrongful
conduct.
21
infringement, Plaintiff continues to suffer injury in an amount not yet ascertained
COUNT IV
(Common Law Trademark Infringement)
70. As a result of Kasons hard work and investments in producing,
providing, and promoting its products associated with the Kason Marks, all of
which occurred long before KKT began marketing and selling its latches that
infringe the Kason Marks, Kason has built up valuable good will in the Kason
Marks. As such, the Kason Marks have become associated with Kasons products
and services, and have come to symbolize the reputation for quality and excellence
of the Kason products and services.
71. KKTs unauthorized use of the Kason Marks is being made with
KKTs knowledge of Kasons well-known and prior rights in the Kason Marks.
72. KKTs unauthorized use of the Kason Marks is likely to cause
confusion or to deceive the consuming public and the purchasers of restaurant
22
equipment, and constitutes trademark infringement under the common law of the
State of Georgia, and the laws of the United States.
73. KKTs acts constitute willful infringement of Kasons exclusive rights
in the Kason Marks, in violation of state common law.
conduct.
infringement, Kason continues to suffer injury in an amount not yet ascertained.
COUNT V
(Georgia Unfair Competition O.C.G.A. 10-1-372)
providing, and promoting its products associated with the Kason Marks, Plaintiffs
has built up valuable goodwill in the Kason Marks. As such, the Kason Marks
have become associated with the Plaintiffs products and services, and have come
23
to symbolize the reputation for quality and excellence of the Kason products and
services.
79. KKT, with full knowledge of the Kason Marks and of Kasons prior
use of same, intended to and did trade on the goodwill associated with the Kason
Marks.
80. KKTs acts have misled and continue to mislead and deceive the
public as to the source of the goods and services offered by KKT, permit and
accomplish passing off of the goods offered by KKT as those of Kasons products,
and falsely suggest a connection with Kason.
81. Therefore, KKT has committed unfair competition in violation of
Georgia law O.C.G.A. 10-1-372.
conduct.
infringement, KKT has been unjustly enriched while Plaintiffs continue to suffer
injury in an amount not yet ascertained.
24
COUNT VI
(Common Law Unjust Enrichment)
providing, and promoting its products and services associated with the Kason
Marks, Plaintiff has built up valuable good will in the Kason Marks. As such, the
Kason Marks have become associated with the Plaintiffs products and services,
and have come to symbolize the reputation for quality and excellence of Plaintiffs
products and services.
87. KKTs use of its confusingly similar Infringing Marks after Plaintiffs
significant investment in the Kason Marks has resulted, and will continue to result,
in KKTs being unjustly enriched through their unauthorized use of the Kason
Marks, or other such confusingly similar marks.
conduct.
89. As a result of KKTs foregoing unlawful actions, KKT has avoided
considerable expense that it otherwise would have incurred to introduce a new
trademark or service mark to the public. Defendants also have retained revenues
obtained by its use of the confusingly similar Kason Marks to which they were not
25
equitably or legally entitled. KKT was unjustly enriched at the expense of
Plaintiff, and in violation of the common law of the State of Georgia.
infringement, Plaintiff continues to suffer injury in an amount not yet ascertained,
including future damages from loss of replacement parts and equipment repair.
JURY DEMAND
92. Plaintiffs demand a trial by jury on all disputed issues so triable.
PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands a judgment in its favor and demands the
following relief:
1. Preliminary and permanent injunctions enjoining KKT, its successors
or assigns, and its officers, directors, partners, agents, subcontractors, servants,
employees, attorneys, affiliates, licensees, subsidiaries and related entities, and all
others acting in concert or participation with KKT, from doing any of the
following:
26
a. Displaying, marketing, or using any unauthorized copy of the Kason
Marks, or any such similar mark, to advertise, promote the sale of, or
to identify any product or service offered by Defendant;
b. Making, in any manner whatsoever, any statement or representation,
or performing any act likely to lead members of the public to believe
that Defendant, or the products or services offered by Defendant, are
in any manner, directly or indirectly, associated, affiliated, connected
with, or approved by Plaintiff;
2. A decree ordering an accounting by Defendant to establish all profits
realized as a result of the wrongful acts by Defendant set forth in this Complaint,
and any other wrongful acts by Defendant to be set forth at trial;
3. Judgment finding that Defendant has willfully infringed the Kason
Marks;
4. Judgment against Defendant specifically including, but not limited to
the following, to the extent allowed by law (including, but not limited to, 15 U.S.C.
1116(d), 1117, and 1125; 15 U.S.C. ; trademark common law; and O.C.G.A.
10-1-372):
c. actual monetary damages sustained by Plaintiff, or, in the
alternative, statutory damages where such are authorized,
27
including but not limited to $200,000 per counterfeit mark per
type of good;
d. seizure of all counterfeit marks, including the means of making
such marks, and records documenting the manufacture, sale, or
receipt of things involved in such violation;
e. profits unlawfully earned by Defendant as a result of the
unlawful acts;
f. exemplary, punitive, and treble damages where such are
authorized by law;
g. costs and prejudgment interest;
h. attorneys fees; and
5. Such other and further relief as the Court deems appropriate and just
under the circumstances.
28
Dated: February 23, 2017 Respectfully submitted,
EVERSHEDS SUTHERLAND (US) LLP
/s/Ann G. Fort
Ann G. Fort
GA Bar No. 269995
Robert R.L. Kohse
GA Bar No. 863748
999 Peachtree St. NE, Suite 2300
Atlanta, GA 30309
Telephone: (404) 853-8000
Facsimile: (404) 853-8806
annfort@eversheds-sutherland.com
robkohse@eversheds-sutherland.com
Attorneys for Kason Industries, Inc.
29
Case 3:17-cv-00026-TCB Document 1-1 Filed 02/23/17 Page 1 of 3
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Manufacturer:Lockwood
Withthiscleardoorfeaturetheoperatorcanseewhatisgoingoninsidetheproofer.Thisisespeciallyhelpful
whenpersonnelwithlimitedexperienceinbakingareinvolvedintheproofingoperation.Theoperatorcanwatch Model:CA67PF34CD
thebakeryproductandwithaverylimitedamountofinstruction,cantellwhenitistimetoremovetheproduct
PowerInformation
fromtheproofer.
Poweredby:115volts
The.070"thickextrudedaluminumsidepanelsdoubleasliphungpansupports.Thecabinetwillaccommodate
Phases:1
34fullsizesheetpans(18X26)or68halfsizesheetpans(13X18).
Dimensions
Theheating/humidifyingunitcanbesimplyunpluggedandpulledout,therebyenablingthoroughcleaningofboth
theinteriorandexteriorofthecabinet.ThecabinetandcastersareNSFapproved. Weight:112lbs.
Width:22in.
Therearethreeheatingelements:oneinthewaterpanforbesthumiditycontrolandtwointheblowerunitfor Depth:31in.
properheatcirculation.Thecabinethasonethermostatandoneinfiniteinputcontrolswitchwhichregulatesthe
amountofhumidityinthecabinet.Herearesomeextraspecsasprovidedbythemanufacturer. Height:68in.
ShippingInformation
Construction:Hightensilealuminum
Dimensions:67"Hx221/2"Wx30"D Yourorderwillbeshippedfrom
Temperature:adjustabletoapproximately150 Atlanta,GA30318
PanCapacity:34max.on11/2"centers(liphung)
Casters:5"x11/4"HighTechnonmarkingswivelplate(2w/brakes) CustomerPickUp
Door:Solidaluminumwithstainlesssteelsliplatch
(NotAvailableforpickup)
Herearesomeextraspecsontheheatunit.
HHEATUNITINT
https://www.acitydiscount.com/LockwoodMobileBakeryEconomyProofer34FullSizePanswClearDoorCA67PF34CD.0.27668.1.1.htm 1/2
2/17/2017 LockwoodCA67PF34CDMobileBakeryEconomyProofer34FullSizePanswClearDoor
InternalHeatUnit
Completelyindependentunitforeasyremovalandcleaning
Adjustableto175ininsulatedcabinetsand150innoninsulatedcabinets
SeperateHumidityandTemperaturedials
15amp.breakerswitch
(3)HeatingElements:1000wt.immersibleelementsitsatthebottomofthewaterpanwhile(2)internal
elements,500wt.and1000wt.provideconsistantairheatingforthebestproofingandquickrecovery.
WaterPan:4.3quartseamlessstainlesssteelpan
PowerRequirements:120volt,60cycle,singlephase,15amp.circuit.Comesstandardwitha8footcord
and3prongplug.
Thisitemisbrandnewshippeddirectlyfromthemanufacturerwithwarranty.
Thisitemweighs112lbs.butwehaveadded32lbs.totheweightforpackingandshipping.
NSFListed
ThisproductmeetsNationalSanitationFoundation(NSF)standardsforpublicsafety&environmentalfactorswithregardstodesign,
manufacture,operation,andlabeling.
ULListed
ThisproductisULlistedbytheULcertificationagencywhichmeansitmeetssafetyandstructuralintegritystandardsforuse
infoodserviceoperations.
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DRIP1 E9451HP34CDN 9451HP34CDN P8M
$1,908.00 $2,544.00 $2,762.50
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https://www.acitydiscount.com/LockwoodMobileBakeryEconomyProofer34FullSizePanswClearDoorCA67PF34CD.0.27668.1.1.htm 2/2
Exhibit C
Exhibit D
Exhibit E
2/23/2017 KasonIndustries::0544CompactMagneticEdgemountLatch
JoinOurMailingList|KasCalcLogin|Register
AdditionalInfo
0544COMPACTMAGNETICEDGEMOUNTLATCH 0544SalesSheet
Compactsizeforsmallerheatedcabinetswherespaceislimited.
Nonheatconductingcomposite,offsethandle.
Kasonstimetestedmagneticlatchingsystem.
Breakeractionreleasesmagnetforeasyopening.
Operatessmoothlywithhandlemountedupordown.
Notaffectedbydoorsag.
Useonrightorleftopeningdoors.
Reg.TM
Specifications
MATERIAL: STANDARDMAGNET: MOUNTING:
Highpressurediecastzinc ChemicalresistantNitrile Latchisedgemounted

bodyglassreinforced holdingforceapprox. strikeissurfacemounted.
compositehandlesteel 40lb.(18.1kg). Drilledandcountersunk
strike. forNo.10(5.0mm)flat
OPTIONALHITEMP headscrews.
FINISH: MAGNET:
Polishedchromelatch Ceramicholdingforce
body,chromestrikeblack of65lb.(29.5kg).
compositehandle. Recommendedfor
temperatureapplications
above280F(138.8C)
orwheregreaterholding
powerisrequired.
*PathoGuardtreatedproductshelpspreventodor,staining,anddeteriorationofproductbynonpublichealthmold,bacteria,andfungus.Regularcleaningand
sanitizationpracticesarerequiredifpublichealthisaconcern.
Copyright,2017|Patents |Terms&Conditions AtlantaWebsite
http://www.kasonind.com/index.php/products/latches_and_locks/reach_in/0544_compact_magnetic_edgemount_latch/ 1/1
Exhibit F
KASON EDGEMOUNT LATCHES
544 Reg. TM
544 COMPACT MAGNETIC

EDGEMOUNT LATCH
QQ C ompact size for smaller heated cabinets where space is
limited
QQ Non-heat conducting composite, offset handle SPECIFICATIONS
QQ Kasons time-tested magnetic latching system
QQ Breaker action releases magnet for easy opening MATERIAL: OPTIONAL PACKAGING:
QQ Operates smoothly with handle mounted up or down High pressure die-cast HI-TEMP MAGNET: 12 per carton
QQ Not affected by door sag zinc body; glass Ceramic holding
QQ Use on right or left-opening doors reinforced composite force of 80 lb. (356 WEIGHT:
handle; steel strike N). Recommended for 21 lb. (9.5 kg)
temperature applications per carton
FINISH: above 280F (138.8C )
Polished chrome latch or where greater holding
body, chrome strike; power is required.
black composite handle
MOUNTING:
STANDARD MAGNET: Latch is edge mounted;
Chemical-resistant strike is surface mounted.
Nitrile holding force Drilled and countersunk for
approx. 40 lb. No. 10 (5.0 mm) flat head
(178 N). screws
PathoGuard treated antimicrobial handles available.

Consult your Kason representative.
Model No. Item Magnet
10544000004 Latch Standard
10544000014 Latch Ceramic

544 STRIKE
2016 Kason Industries, Inc. REACH-IN PAGE F29

Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Exhibit L
Exhibit M
Exhibit N
Exhibit O
Exhibit P
Exhibit Q
Exhibit R
JS44 (Rev. 11/16 NDGA) Case 3:17-cv-00026-TCBCIVIL
Document
COVER1-19 Filed 02/23/17 Page 1 of 2
SHEET
The JS44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by
local rules of court. This form is required for the use of the Clerk of Court for the purpose of initiating the civil docket record. (SEE INSTRUCTIONS ATTACHED)
I. (a) PLAINTIFF(S) DEFENDANT(S)

Kason Industries, Inc. KKT, Inc. d/b/a Lockwood Manufacturing Company
(b) COUNTY OF RESIDENCE OF FIRST LISTED COUNTY OF RESIDENCE OF FIRST LISTED

PLAINTIFF Coweta County DEFENDANT
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND
INVOLVED
(c) ATTORNEYS (FIRM NAME, ADDRESS, TELEPHONE NUMBER, AND ATTORNEYS (IF KNOWN)
E-MAIL ADDRESS)
Ann G. Fort, Robert R.L. Kohse

Eversheds Sutherland (US) LLP
999 Peachtree St., NE, Suite 2300, Atlanta, GA 30309
(404) 853-8000; annfort@eversheds-sutherland.com;
robkohse@eversheds-sutherland.com
II. BASIS OF JURISDICTION III. CITIZENSHIP OF PRINCIPAL PARTIES

(PLACE AN X IN ONE BOX ONLY) (PLACE AN X IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT)
(FOR DIVERSITY CASES ONLY)
PLF DEF PLF DEF
1 U.S. GOVERNMENT 3 FEDERAL QUESTION 1 1 CITIZEN OF THIS STATE 4 4 INCORPORATED OR PRINCIPAL

PLAINTIFF (U.S. GOVERNMENT NOT A PARTY) PLACE OF BUSINESS IN THIS STATE
2 U.S. GOVERNMENT 4 DIVERSITY 2 2 CITIZEN OF ANOTHER STATE 5 5 INCORPORATED AND PRINCIPAL

DEFENDANT (INDICATE CITIZENSHIP OF PARTIES PLACE OF BUSINESS IN ANOTHER STATE
IN ITEM III)
3 3 CITIZEN OR SUBJECT OF A 6 6 FOREIGN NATION
FOREIGN COUNTRY
IV. ORIGIN (PLACE AN X IN ONE BOX ONLY)

TRANSFERRED FROM MULTIDISTRICT APPEAL TO DISTRICT JUDGE
1 ORIGINAL 2 REMOVED FROM 3 REMANDED FROM 4 REINSTATED OR 5 ANOTHER DISTRICT 6 LITIGATION - 7 FROM MAGISTRATE JUDGE
PROCEEDING STATE COURT APPELLATE COURT REOPENED (Specify District) TRANSFER JUDGMENT
MULTIDISTRICT
8 LITIGATION -
DIRECT FILE
V. CAUSE OF ACTIONJURISDICTIONAL
(CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE - DO NOT CITE
STATUTES UNLESS DIVERSITY)
Trademark infringement. 15 U.S.C. 1, et seq., including 1114, 1125(a), 1125(c), and related causes of action.
(IF COMPLEX, CHECK REASON BELOW)
1. Unusually large number of parties. 6. Problems locating or preserving evidence

2. Unusually large number of claims or defenses. 7. Pending parallel investigations or actions by government.
3. Factual issues are exceptionally complex 8. Multiple use of experts.
4. Greater than normal volume of evidence. 9. Need for discovery outside United States boundaries.
5. Extended discovery period is needed. 10. Existence of highly technical issues and proof.
CONTINUED ON REVERSE
FOR OFFICE USE ONLY
RECEIPT # AMOUNT $ APPLYING IFP MAG. JUDGE (IFP) ______________________
JUDGE MAG. JUDGE NATURE OF SUIT CAUSE OF ACTION______________________

(Referral)
VI. NATURE OF SUIT (PLACE AN X IN ONE BOX ONLY)
CONTRACT - "0" MONTHS DISCOVERY TRACK CIVIL RIGHTS - "4" MONTHS DISCOVERY TRACK SOCIAL SECURITY - "0" MONTHS DISCOVERY
150 RECOVERY OF OVERPAYMENT & 440 OTHER CIVIL RIGHTS TRACK
ENFORCEMENT OF JUDGMENT 441 VOTING 861 HIA (1395ff)
152 RECOVERY OF DEFAULTED STUDENT 442 EMPLOYMENT 862 BLACK LUNG (923)
LOANS (Excl. Veterans) 443 HOUSING/ ACCOMMODATIONS 863 DIWC (405(g))
153 RECOVERY OF OVERPAYMENT OF 445 AMERICANS with DISABILITIES - Employment 863 DIWW (405(g))
VETERAN'S BENEFITS 446 AMERICANS with DISABILITIES - Other 864 SSID TITLE XVI
448 EDUCATION 865 RSI (405(g))
CONTRACT - "4" MONTHS DISCOVERY TRACK
110 INSURANCE FEDERAL TAX SUITS - "4" MONTHS DISCOVERY
120 MARINE IMMIGRATION - "0" MONTHS DISCOVERY TRACK TRACK
130 MILLER ACT 462 NATURALIZATION APPLICATION 870 TAXES (U.S. Plaintiff or Defendant)
140 NEGOTIABLE INSTRUMENT 465 OTHER IMMIGRATION ACTIONS 871 IRS - THIRD PARTY 26 USC 7609
151 MEDICARE ACT
160 STOCKHOLDERS' SUITS PRISONER PETITIONS - "0" MONTHS DISCOVERY OTHER STATUTES - "4" MONTHS DISCOVERY
190 OTHER CONTRACT TRACK TRACK
195 CONTRACT PRODUCT LIABILITY 463 HABEAS CORPUS- Alien Detainee 375 FALSE CLAIMS ACT
196 FRANCHISE 510 MOTIONS TO VACATE SENTENCE 376 Qui Tam 31 USC 3729(a)
530 HABEAS CORPUS 400 STATE REAPPORTIONMENT
REAL PROPERTY - "4" MONTHS DISCOVERY 535 HABEAS CORPUS DEATH PENALTY 430 BANKS AND BANKING
TRACK 540 MANDAMUS & OTHER 450 COMMERCE/ICC RATES/ETC.
210 LAND CONDEMNATION 550 CIVIL RIGHTS - Filed Pro se 460 DEPORTATION
220 FORECLOSURE 555 PRISON CONDITION(S) - Filed Pro se 470 RACKETEER INFLUENCED AND CORRUPT
230 RENT LEASE & EJECTMENT 560 CIVIL DETAINEE: CONDITIONS OF ORGANIZATIONS
240 TORTS TO LAND CONFINEMENT 480 CONSUMER CREDIT
245 TORT PRODUCT LIABILITY 490 CABLE/SATELLITE TV
290 ALL OTHER REAL PROPERTY PRISONER PETITIONS - "4" MONTHS DISCOVERY 890 OTHER STATUTORY ACTIONS
TRACK 891 AGRICULTURAL ACTS
TORTS - PERSONAL INJURY - "4" MONTHS 550 CIVIL RIGHTS - Filed by Counsel 893 ENVIRONMENTAL MATTERS
DISCOVERY TRACK 555 PRISON CONDITION(S) - Filed by Counsel 895 FREEDOM OF INFORMATION ACT
310 AIRPLANE 899 ADMINISTRATIVE PROCEDURES ACT /
315 AIRPLANE PRODUCT LIABILITY FORFEITURE/PENALTY - "4" MONTHS DISCOVERY REVIEW OR APPEAL OF AGENCY DECISION
320 ASSAULT, LIBEL & SLANDER TRACK 950 CONSTITUTIONALITY OF STATE STATUTES
330 FEDERAL EMPLOYERS' LIABILITY 625 DRUG RELATED SEIZURE OF PROPERTY
340 MARINE 21 USC 881 OTHER STATUTES - "8" MONTHS DISCOVERY
345 MARINE PRODUCT LIABILITY 690 OTHER TRACK
350 MOTOR VEHICLE 410 ANTITRUST
355 MOTOR VEHICLE PRODUCT LIABILITY LABOR - "4" MONTHS DISCOVERY TRACK 850 SECURITIES / COMMODITIES / EXCHANGE
360 OTHER PERSONAL INJURY 710 FAIR LABOR STANDARDS ACT
362 PERSONAL INJURY - MEDICAL 720 LABOR/MGMT. RELATIONS OTHER STATUTES - 0" MONTHS DISCOVERY
MALPRACTICE 740 RAILWAY LABOR ACT TRACK
365 PERSONAL INJURY - PRODUCT LIABILITY 751 FAMILY and MEDICAL LEAVE ACT 896 ARBITRATION
367 PERSONAL INJURY - HEALTH CARE/ 790 OTHER LABOR LITIGATION (Confirm / Vacate / Order / Modify)
PHARMACEUTICAL PRODUCT LIABILITY 791 EMPL. RET. INC. SECURITY ACT
368 ASBESTOS PERSONAL INJURY PRODUCT
LIABILITY PROPERTY RIGHTS - "4" MONTHS DISCOVERY
TORTS - PERSONAL PROPERTY - "4" MONTHS

TRACK
820 COPYRIGHTS
* PLEASE NOTE DISCOVERY
DISCOVERY TRACK 840 TRADEMARK TRACK FOR EACH CASE TYPE.
370 OTHER FRAUD SEE LOCAL RULE 26.3
371 TRUTH IN LENDING PROPERTY RIGHTS - "8" MONTHS DISCOVERY
380 OTHER PERSONAL PROPERTY DAMAGE TRACK
385 PROPERTY DAMAGE PRODUCT LIABILITY 830 PATENT
BANKRUPTCY - "0" MONTHS DISCOVERY TRACK

422 APPEAL 28 USC 158
423 WITHDRAWAL 28 USC 157
VII. REQUESTED IN COMPLAINT:

CHECK IF CLASS ACTION UNDER F.R.Civ.P. 23 DEMAND $_____________________________
JURY DEMAND YES NO (CHECK YES ONLY IF DEMANDED IN COMPLAINT)
VIII. RELATED/REFILED CASE(S) IF ANY

JUDGE_______________________________ DOCKET NO._______________________
CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES: (CHECK APPROPRIATE BOX)
1. PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
2. SAME ISSUE OF FACT OR ARISES OUT OF THE SAME EVENT OR TRANSACTION INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
3. VALIDITY OR INFRINGEMENT OF THE SAME PATENT, COPYRIGHT OR TRADEMARK INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
4. APPEALS ARISING OUT OF THE SAME BANKRUPTCY CASE AND ANY CASE RELATED THERETO WHICH HAVE BEEN DECIDED BY THE SAME
BANKRUPTCY JUDGE.
5. REPETITIVE CASES FILED BY PRO SE LITIGANTS.
6. COMPANION OR RELATED CASE TO CASE(S) BEING SIMULTANEOUSLY FILED (INCLUDE ABBREVIATED STYLE OF OTHER CASE(S)):
7. EITHER SAME OR ALL OF THE PARTIES AND ISSUES IN THIS CASE WERE PREVIOUSLY INVOLVED IN CASE NO. , WHICH WAS
DISMISSED. This case IS IS NOT (check one box) SUBSTANTIALLY THE SAME CASE.
/s/ Robert Kohse 2/23/2017

SIGNATURE OF ATTORNEY OF RECORD DATE

Kason Industries v. KKT - Complaint

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Kason Industries v. KKT - Complaint

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Case 3:17-cv-00026-TCB Document 1 Filed 02/23/17 Page 1 of 30

UNITED STATES DISTRICT COURT

KASON INDUSTRIES, INC. )

Plaintiff, Kason Industries, Inc. (Kason), by and through its undersigned

causes of action, against Defendant, KKT, Inc. d/b/a Lockwood Manufacturing

Company (KKT), and alleges as follows:

1. Kason is a Georgia corporation, with its principal place of business at

57 Amlajack Boulevard, Newnan, Georgia 30265.

2. Upon information and belief, KKT is a corporation organized under

name Lockwood Manufacturing Company. Defendant can be served through its

registered agent David Lamson at 31251 Industrial Road, Livonia, MI 48150.

JURISDICTION AND VENUE

3. This is an action for, inter alia, trademark infringement and

counterfeiting, trademark dilution, false designation of origin, unfair competition,

unjust enrichment, and related claims pursuant to 15 U.S.C. 1, et seq., including

laws of the State of Georgia.

This Court has supplemental jurisdiction over Plaintiffs additional claims,

pursuant to 28 U.S.C. 1367(a), because those claims are so related to Plaintiffs

controversy under Article III of the United States Constitution.

business in this district, at the very least by engaging sales representatives

products into this district by way of ACityDiscount Restaurant Equipment &

Supply, located at 6286 Dawson Blvd Norcross, GA 30093. ACityDiscount offers

7. This Court also has personal jurisdiction over KKT because, on

into this district.

8. Venue is proper in this District under 28 U.S.C. 1391(b) and (c),

have occurred and continue to occur in this district.

RELEVANT BACKGROUND ON PLAINTIFF KASON

business of developing refrigeration and restaurant equipment hardware in the

manufacturer of commercial refrigeration and restaurant equipment hardware in

the United States.

mark in connection with refrigeration and restaurant equipment hardware as far

are attached hereto as Exhibits C and D.

12. Today, Kason is headquartered in Newnan, Georgia, where its

stylized Kason name, sometimes known as the Kason Parallelogram Mark:

14. In 1997, Kason began selling a latch for use in commercial

as currently offered by Kason is shown below:

(Exhibits E and F).

distinctive appearance of the Kason Latch as a trademark belonging exclusively to

919 Mark), covering the appearance of the Kason Latch:

Image from U.S. Trademark Registration No. 4,906,919

the Kason Marks) are attached hereto as Exhibits G and H.

D391,141 (the Kason Patent), as shown below:

Image from U.S. Design Patent No. D391,141

Kason Patent is attached hereto as Exhibit I.

KKT AND KASON

and display cabinets. According to its website, KKT also is a manufacturing

KKTS WRONGFUL CONDUCT

21. During the February 9-11, 2017 National Association of Food

Equipment Manufacturers show (NAFEM) in Orlando, Florida, KKT displayed a

(See Exhibits J, K, L, M, N, O). Latches that appeared to be Kason Latches were

Latches, but were, in fact, unauthorized copies of Kasons Latch.

Manufacturer Part #: HAN-CA.

as www.ACityDiscount.com, as depicted below:

(Excerpt from Exhibit B) (red circles added).

Ca, is virtually identical in appearance to the Kason Latch:

the part number on the bottom of the metal latch body:

manufactured using the same equipment that is used to manufacture Kason

Mark and also include the Kason 452 Mark:

Kason Marks KKT Infringing Product

(Reg. No. 4,906,919)

(Reg. No. 1,717,452)

importing into the United States, the non-Kason Latch.

United States, the non-Kason Latch.

commercial restaurant equipment industry, for at least sales of latches.