Spyderco v. Ioffer - Complaint

Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 1 of 37
1 Rodney B. Sorensen, SBN 196926

rbs@paynefears.com
2 PAYNE & FEARS LLP
One Post Street, Suite 1000
3 San Francisco, California 94104
Telephone: (415) 398-7860
4 Facsimile: (415) 398-7863
5 Robert R. Brunelli, Colorado SBN 20070, pro hac vice pending

rbrunelli@sheridanross.com
6 Kendria E. Pearson, Colorado SBN 45016, pro hac vice pending
kpearson@sheridanross.com
7 SHERIDAN ROSS P.C.
1560 Broadway, Suite 1200
8 Denver, Colorado 80202
Telephone: (303) 863-9700
9 Facsimile: (303) 863-0223
10 Attorneys for Plaintiff

SPYDERCO, INC.
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PAYNE & FEARS LLP
12 UNITED STATES DISTRICT COURT

SAN FRANCISCO, CALIFORNIA 94104
ONE POST STREET, SUITE 1000
13 FOR THE NORTHERN DISTRICT OF CALIFORNIA

ATTORNEYS AT LAW
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15 SPYDERCO, INC., a Colorado Corporation, Case No. 3:18-cv-04485
16 Plaintiff, COMPLAINT FOR FEDERAL

TRADEMARK COUNTERFEITING,
17 v. INFRINGEMENT, UNFAIR
COMPETITION, AND FALSE
18 iOFFER, INC., a California corporation; and DESIGNATION OF ORIGIN (15 U.S.C. §§
iOFFER CORPORATION, a Nevada 1114, 1125, 1117); VIOLATION OF
19 corporation, CALIFORNIA BUSINESS AND
PROFESSIONS CODE (§ 17200); CIVIL
20 Defendants. CONSPIRACY; PATENT
INFRINGEMENT (35 U.S.C. § 271)
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DEMAND FOR JURY TRIAL
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COMPLAINT WITH JURY DEMAND

1 Plaintiff Spyderco, Inc. ("Spyderco") files this Complaint against Defendants iOffer, Inc.
2 and iOffer Corporation, alleging as follows:
3 I. THE PARTIES
4 1. Spyderco is a Colorado corporation, having its principal place of business at 820
5 Spyderco Way, Golden, Colorado 80403.
6 2. Upon information and belief, iOffer, Inc. is a California corporation in good standing
7 that owns and operates the website www.ioffer.com, an online retail store and marketplace. iOffer
8 Corporation is a Nevada corporation in good standing that owns and operates the website
9 www.ioffer.com (collectively, “iOffer”). The President and Chief Executive Officer of iOffer is
10 Ryan Boyce. iOffer’s principal place of business is 82 South Park Street, San Francisco, California
11 94107.
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12 3. iOffer is subject to process by serving its Registered Agent, Alan Korn, who is
13 located at the Law Office of Alan Korn, 1840 Woolsey Street, Berkeley, California 94703. iOffer
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14 is also subject to process by serving Mr. Boyce at his business office.
15 4. iOffer operates an interactive website which functions as an online retail store and
16 marketplace. That website has a domain of www.ioffer.com, is owned by iOffer and was first
17 established in 1998. Information listed on the website and its interactive functionality is
18 incorporated herein by this reference.

19 II. JURISDICTION AND VENUE
20 5. This is an action arising from iOffer’s willful counterfeiting of Spyderco's federally
21 registered trademarks, willful infringement of Spyderco's federally registered and common-law
22 trademarks (15 U.S.C. § 1051, et seq.), violation of California Business and Professions Code (§
23 17200, et seq.), civil conspiracy, and infringement of Spyderco's federally-issued U.S. design patent
24 (35 U.S.C. § 101, et seq.).
25 6. This Court has jurisdiction over the subject matter of this action pursuant to 15 U.S.C.
26 § 1121 and 28 U.S.C. §§ 1331 and 1338. The Court has supplemental jurisdiction over Spyderco's
27 state law claims under 28 U.S.C. § 1367, as they are so related to the federal claims that they form
28 part of the same case or controversy.
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1 7. iOffer has general minimum contacts with this judicial district by having its principal
2 place of business in this judicial district, by being a California corporation, by transacting business
3 within California, and by placing infringing products into the stream of commerce with the
4 knowledge or understanding that such products are sold in the State of California, including in this
5 District. Personal jurisdiction exists over iOffer.
6 8. Venue over this action is proper in this Court under 28 U.S.C. §§ 1391(b) and (c) and
7 under 28 U.S.C. § 1400(b) because iOffer resides in this judicial district, iOffer has committed acts
8 of infringement in this judicial district, and iOffer has a regular and established place of business in
9 this judicial district.
10 III. GENERAL ALLEGATIONS

11 A. Spyderco's Intellectual Property
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12 9. Spyderco is engaged in the business of, among other things, designing, developing,
13 manufacturing and distributing knives and knife accessories. Many of these products are
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14 manufactured at Spyderco's Golden, Colorado facility, and all its business operations occur out of
15 that facility. Spyderco and its products are recognized by the knife industry as being among the
16 very best in quality and distinctiveness in the world. (See Ex. A, which is incorporated herein by
17 this reference.) Spyderco's business and product reputation are among its most prized business
18 assets.
19 10. One of Spyderco's most recognized and iconic knives is known as the Military and
20 that product name is included on packaging and marketing collateral for the product. Information
21 about that product is listed on Spyderco's website at
22 https://www.spyderco.com/catalog/details.php?product=19, and that information is incorporated
23 herein by this reference. These knives come in a variety of styles and have been sold for more than
24 a decade. Example photographs of Spyderco’s Military model knives are set forth below:
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7 Many of the Military model knives are shipped in Spyderco’s Product Packaging with a
8 promotional insert letter from Spyderco explaining the history and background of the Military
9 knife model. An image of the packaging and a copy of the promotional insert letter accompanying
10 Military knives is set forth below:
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1 11. A second popular Spyderco knife sold by Spyderco is known as the Domino and that
2 product name is included on packaging and marketing collateral for the product. Information about
3 the Domino knife is listed on Spyderco’s website at https://www.spyderco.com/catalog/
4 details/C172CFTI/839, and that information is incorporated herein by this reference. Example
5 photographs of Spyderco’s Domino model knife are set forth below:
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17 Many of the Domino model knives are shipped in Spyderco’s Product Packaging with a promotional
18 insert letter from Spyderco explaining the history and background of the Domino knife model. A
19 copy of the promotional insert letter accompanying the Domino model knives is set forth below:
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15 12. Another popular Spyderco knife sold by Spyderco is known as the Matriarch and that
16 product name is included on packaging and marketing collateral for the product. Information about
17 the Matriarch knife is listed on Spyderco’s website at https://www.spyderco.com/
18 catalog/details.php?product=719 and that information is incorporated herein by this reference. The

19 Matriarch comes in many models and has been sold for almost two decades. Example photographs
20 of Spyderco’s Matriarch model knives are set forth below:
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1 Many of the Matriarch model knives are shipped in Spyderco’s Product Packaging with a
2 promotional insert letter from Spyderco explaining the history and background of the Matriarch
3 knife model. Copies of the promotional insert and letter accompanying Matriarch knives are set
4 forth below:
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19 13. Another knife sold by Spyderco is known as the Jot Singh Khalsa and that product
20 name is included on packaging and marketing collateral for the product. Information about the Jot
21 Singh Khalsa knife is listed on Spyderco’s website at https://www.spyderco.com/
22 catalog/details/C40G/840 and that information is incorporated herein by this reference. The Jot
23 Singh Khalsa knife is a limited-edition knife designed in collaboration with knifemaker, Jot Singh
24 Khalsa in 2000. A photograph of the Jot Singh Khalsa knife is set forth below:
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12 The Jot Singh Khalsa knife is shipped in Spyderco’s Product Packaging with a promotional insert
13 letter from Spyderco explaining the history and background of the Jot Singh Khalsa knife. A copy
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23 14. The blade of an authentic Spyderco Matriarch knife is made of a specific type of
24 steel: VG-10. “Its SpyderEdge VG-10 stainless steel blade is scientifically designed to maximize
25 cutting performance . . . .” (https://www.spyderco.com/catalog/details/C12BK2/719). The
26 authentic Matriarch knives are manufactured in Seki City, Japan. The blade of an authentic
27 Matriarch knife says “SEKI-CITY JAPAN” on one side and “SPYDERCO VG-10” on the other
28 side.
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11 15. The blade of an authentic Spyderco Domino knife is made of a specific type of steel:
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12 CTS-XHP®. “Its full-flat-ground blade is machined from premium CTS XHP steel . . . .”
13 (https://www.spyderco.com/catalog/details/C172CFTI/839).
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The Spyderco Domino knife is

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14 manufactured in Taiwan. The blade of an authentic Domino knife says “TAICHUNG TAWAIN”
15 on one side and “SPYDERCO CTS-XHP” on the other side.
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25 16. Spyderco also, for some years, has packaged and shipped all its knives in boxes
26 bearing its federally registered trade dress, detailed below in Paragraph 21. Photographs of the
27 Spyderco Product Packaging are set forth below for reference:
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17 17. The manufacturer's suggested retail price ("MSRP") for authentic Spyderco Military
18 branded knives is between $259.95 and $399.95; the MSRP for an authentic Domino branded knife
19 is $339.95; the MSRP for an authentic Matriarch branded knife is between $139.95 and $172.95;
20 and the MSRP for an authentic Jot Singh Khalsa knife is $299.95.
21 B. Spyderco's Relevant Federally Registered Trademarks

22 18. Spyderco is the owner of now incontestable U.S. Trademark Registration No.
23 1,965,458 for “SPYDERCO” in International Class 8 (U.S. Classes 23, 28 and 44) for folding knives
24 (the "Spyderco Mark"). A true and accurate copy of the Spyderco Mark registration is attached
25 hereto as Ex. B, which is incorporated herein by this reference. Based upon Spyderco's continuous
26 non-interrupted use of that trademark for years in interstate commerce, relevant consumers have
27 come to associate it exclusively with Spyderco, who thus also acquired strong common law
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1 trademark rights in and to the Spyderco Mark long before iOffer, who, without authorization, used
2 the identical mark on visually nearly identical knives.
3 19. Spyderco is also the owner of now incontestable U.S. Trademark Registration No.
6 1,957,810 for in International Class 8 (U.S. Classes 23, 28 and 44) for knives (the
7 "Bug Mark"). A true and accurate copy of the Bug Mark registration is attached hereto as Ex. C,
8 which is incorporated herein by this reference. Based upon Spyderco's continuous non-interrupted
9 use of that trademark for years in interstate commerce, relevant consumers have come to associate
10 it exclusively with Spyderco, who thus acquired strong common law trademark rights in and to the
11 Bug Mark long before iOffer, who, without authorization, used the identical mark on visually nearly
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12 identical knives.
13 20. Spyderco is the owner of now incontestable U.S. Trademark Registration No.
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17 2,033,317 for in International Class 8 (U.S. Classes 23, 28 and 44) for folding
18 knives (the "Round Hole Mark"). A true and accurate copy of the Round Hole Mark registration is
19 attached hereto as Ex. D, which is incorporated herein by this reference. Based upon Spyderco's
20 continuous non-interrupted use of that trademark for years in interstate commerce, relevant
21 consumers have come to associate it exclusively with Spyderco, who thus acquired strong common
22 law trademark rights in and to the Round Hole Mark long before iOffer, who, without authorization,
23 used the identical mark on visually nearly identical knives.
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25 21. Spyderco is the owner of U.S. Trademark Registration No. 4,884,288 for
26 in International Class 8 (U.S. Classes, 23, 28 and 44) for knife sharpeners; knives; sharpening stones
27 (the “Product Packaging Mark”). A true and accurate copy of the Product Packaging Mark
28 registration is attached hereto as Ex. E, which is incorporated herein by this reference. Based upon
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1 Spyderco’s continuous non-interrupted use of that trademark for years in interstate commerce,
2 relevant consumers have come to associate it exclusively with Spyderco, who thus acquired strong
3 common law trademark rights in and to the Product Packaging Mark long before iOffer, who,
4 without authorization, used the identical mark on visually identical product packaging for visually
5 nearly identical knives.
7 22. Spyderco is the owner of U.S. Trademark Registration No. 5,236,430 for
8 in International Class 8 (U.S. Classes 23, 28 and 44) for knives (the “Eric Signature Tag Mark”). A
9 true and accurate copy of the Eric Signature Tag Mark registration is attached hereto as Ex. F, which
10 is incorporated herein by this reference. Based upon Spyderco’s continuous non-interrupted use of
11 that trademark for years in interstate commerce, relevant consumers have come to associate it
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12 exclusively with Spyderco, who thus acquired strong common law trademark rights in and to the
13 Eric Signature Tag Mark long before iOffer, who, without authorization, used a nearly identical
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14 mark on visually nearly identical knives.
15 23. The Spyderco Mark, the Bug Mark, the Round Hole Mark, the Product Packaging
16 Mark, and the Eric Signature Tag Mark will collectively be referred to below as the "MARKS."
17 C. Spyderco' s Relevant Common Law Trademarks

18 24. Spyderco has marketed and sold a variety of unique folding knife products for at least
19 a decade under and in connection with the trademark “MILITARY.” These knives have been met
20 with significant commercial success and consumer recognition. Because of this success and years
21 of superior product development and customer service, Spyderco has developed substantial and
22 significant consumer recognition, trust, loyalty, and goodwill in and to its successful MILITARY
23 trademark. Based upon Spyderco's continuous, non-interrupted use of that designation for more
24 than a decade in interstate commerce, relevant consumers have come to associate it exclusively with
25 Spyderco, who acquired strong common law trademark rights in and to MILITARY long before
26 iOffer.
28 four years under and in connection with the designation “DOMINO.” These knives have been met
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1 with commercial success and consumer recognition. Because of this success and years of superior
2 product development and customer service, Spyderco has developed substantial and significant
3 consumer recognition, trust, loyalty, and goodwill in and to its successful DOMINO brand. Based
4 upon Spyderco's continuous, non-interrupted use of that brand for more than a decade in interstate
5 commerce, relevant consumers have come to associate it exclusively with Spyderco, who has thus
6 acquired strong common law trademark rights in and to DOMINO long before iOffer.
8 a decade under and in connection with the designation “MATRIARCH.” These knives have been
9 met with commercial success and consumer recognition. Because of this success and years of
10 superior product development and customer service, Spyderco has developed substantial and
11 significant consumer recognition, trust, loyalty, and goodwill in and to its successful MATRIARCH
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12 brand. Based upon Spyderco's continuous, non-interrupted use of that brand for more than a decade
13 in interstate commerce, relevant consumers have come to associate it exclusively with Spyderco,
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14 who has thus acquired strong common law trademark rights in and to MATRIARCH long before
15 iOffer.
16 27. The trademarks discussed in paragraphs 24-26 hereof will collectively be referred to
17 below as the "Common-Law Trademarks."
18 D. Spyderco's U.S. Design Patents

19 28. On April 12, 2016, the USPTO duly and legally issued United States Patent No.
20 D753,459 entitled “Folding Knife” (“the 'D459 Patent”) to Spyderco. A true and correct copy of the
21 'D459 Patent is attached hereto as Exhibit K and incorporated herein by this reference. Spyderco is
22 the owner of all right, title, and interest in and to the 'D459 Patent, including the right to sue and
23 collect damages for past infringement thereof.
24 E. iOffer and its Infringing Conduct

25 29. iOffer operates an online retail store and marketplace, connecting buyers and sellers
26 internationally. Included in the products for sale on the iOffer website at www.ioffer.com are a
27 number of different model “Spyderco” knives, which are herein incorporated by reference.
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1 30. Spyderco purchased two knives from the iOffer website at www.ioffer.com. One of
2 the knives was named and listed by iOffer on its website as “SPYDERCO C41CTS TACTICAL
3 HUNTING FOLDING KNIVES.” A copy of the product listing for this knife from www.ioffer.com
4 is attached hereto as Ex. G, which is incorporated herein by this reference. The other knife was
5 named and listed by iOffer on its website as “SPYDERCO KNIVES TACTICAL FOLDING
6 MULTI NAVAJAS CAMPING.” A copy of the product listing for this knife from www.ioffer.com
7 is attached hereto as Ex. H, which is incorporated herein by this reference. Screenshots of the
8 product listings showing the purchased knives are provided below in addition to images of the
9 purchased knives.
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1 31. Based upon the sale prices, Spyderco believed that the knives purchased from the
2 iOffer website were not authentic. The “SPYDERCO C41CTS TACTICAL HUNTING FOLDING
3 KNIVES” knife offered by iOffer has a sale of price $30.00. The corresponding Spyderco Domino
4 knife has an MSRP of $339.95. The “SPYDERCO KNIVES TACTICAL FOLDING MULTI
5 NAVAJAS CAMPING” knife offered by iOffer has a sale of price $23.62. The corresponding
6 Spyderco Matriarch knife has an MSRP of $259.95.
7 32. Upon information and belief, the knives being offered for sale by and being sold by
8 iOffer as Spyderco knives are made of inferior materials and have an inferior build quality. These
9 knives will not perform as advertised and will fail in use much more quickly than an authentic
10 Spyderco Matriarch or Domino knife. When they fail early and/or do not perform as expected, the
11 original purchaser and/or a subsequent purchaser, another acquirer or just a person viewing
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12 unflattering use of the knives, will think less of Spyderco and the quality of Spyderco products.
13 Spyderco's reputation is a prized business asset, and the reputational loss visited upon Spyderco by
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14 iOffer’s sale of the knives, which is completely out of Spyderco's control, could result in significant
15 reputational damage to Spyderco, its brand and its products.
16 33. 35 U.S.C. §1116(d)(1)(B)(i) & (ii) defines a counterfeit designation as any symbol
17 used on a good sold in interstate commerce that is identical to or substantially indistinguishable from
18 a symbol that is registered on the Principle Register of the United States. Knowledge of the
19 registration is irrelevant. The “SPYDERCO C41CTS TACTICAL HUNTING FOLDING” knife
20 and the “SPYDERCO KNIVES TACTICAL FOLDING MULTI NAVAJAS CAMPING” knife
21 sold by iOffer include the identical Spyderco Mark, Bug Mark, Round Hole Mark, and Product
22 Packaging Mark, all of which are registered on the Principle Trademark Register of the United
23 States. The “SPYDERCO C41CTS TACTICAL HUNTING FOLDING” knife sold by iOffer also
24 includes a mark substantially indistinguishable from the Eric Signature Tag Mark, which is
25 registered on the Principle Trademark Register of the United States. iOffer’s unauthorized
26 advertisement, offer for sale and sale of those knives thus constitutes distribution in interstate
27 commerce of counterfeit goods under 15 U.S.C. § 1117(c). Those knives will hereafter be referred
28 to as the "Counterfeit Knives."
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1 34. iOffer imports, uses, offers to sell, and sells the “SPYDERCO C41CTS TACTICAL
2 HUNTING FOLDING KNIVES” that infringe Spyderco's 'D459 Patent. Table 1 illustrates iOffer's
3 infringement by comparing figures from the 'D459 Patent with exemplary images of the
4 “SPYDERCO C41CTS TACTICAL HUNTING FOLDING” knife.
6 Table 1: Comparison of 'D459 Patent with Exemplary Pictures of iOffer Knife

7 'D459 Patent Figures iOffer's “SPYDERCO C41CTS TACTICAL
HUNTING FOLDING” Knife
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7 35. As shown in these pictures, the “SPYDERCO C41CTS TACTICAL HUNTING

8 FOLDING” knife has a design that is the same or substantially the same as the design of the 'D459
9 Patent and Spyderco's Domino knife. The designs are so similar as to be nearly identical such that
10 an ordinary observer, giving such attention as a purchaser usually gives, would be so deceived by
11 the substantial similarity between the designs to be induced to purchase iOffer's products believing
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12 them to be substantially the same as the design protected by the 'D459 Patent.
13 36. Spyderco is not the source of the “SPYDERCO C41CTS TACTICAL HUNTING
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14 FOLDING KNIVES” and Spyderco has never licensed iOffer to use or allowed the use of the 'D459
15 Patent in this manner.
16 37. The Counterfeit Knives have been offered for sale and sold since at least between
17 June 2017 and the present and look nearly identical to authentic Spyderco Matriarch and Domino
18 knives, but they were not manufactured or distributed by Spyderco. Rather, and upon information
19 and belief, the Counterfeit Knives, and more like them, were likely acquired by iOffer from a
20 Chinese distributer at a low price. iOffer has been and continues to generate a large profit from the
21 illegal and unauthorized sale of the Counterfeit Knives, and others like them. The only reason iOffer
22 can generate this profit is because Spyderco spent decades generating a strong product offering,
23 demand for its high-quality goods and a near-cult following for its knives. iOffer is free riding on
24 Spyderco's corporate and product reputations to generate unbridled corporate gain and is severely
25 undercutting the MSRP of authentic Spyderco Matriarch and Domino knives to achieve its goal.
26 38. Under 15 U.S.C. § 1117(c), iOffer’s advertising, offer for sale and sale of the
27 Counterfeit Knives is willful. iOffer labels the knives as “SPYDERCO” knives in the product
28 listings and uses copied Spyderco Product Packaging to ship the Counterfeit Knives. However, as
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1 shown in Ex. G and Ex. H, iOffer lists the “brand” for the Counterfeit Knives as “HX OUTDOORS”
2 and includes the technical specifications and blade steel of the Counterfeit Knives, which is different
3 from authentic Spyderco Matriarch and Domino knives. Further, the promotional inserts
4 accompanying the Counterfeit Knives in the shipping packaging include references to the Spyderco
5 Military knife and the Spyderco Jot Singh Khalsa knife, which were not the knives purchased from
6 or shipped by iOffer. Below, and attached as Ex. I, which is incorporated herein by this reference,
7 is a copy of the promotional insert accompanying the “SPYDERCO C41CTS TACTICAL
8 HUNTING FOLDING KNIVES” knife, which corresponds to the Jot Singh Khalsa knife:
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1 The Spyderco Jot Singh Khalsa knife, pictured on the left below, is not the knife sold and shipped
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Below, and attached as Ex. J, which is incorporated herein by this reference, is a copy of the
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promotional insert accompanying the “SPYDERCO KNIVES TACTICAL FOLDING MULTI
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16
17
18
19
20
21
22
23
24 Spyderco’s Military model knife, pictured on the left below, is not the knife sold and shipped by
25 iOffer, pictured below on the right.
26
27
28
-28-
10 iOffer was thus aware of exactly what it was doing when it chose to offer for sale through its store
11 the Counterfeit Knives. In short, iOffer knowingly and wantonly chose to offer and sell the
PAYNE & FEARS LLP
12 Counterfeit Knives and to damage, perhaps irreparably, Spyderco's superior, perendinate and
13 valuable reputational rights reflected in the MARKS, the Common-Law Trademarks, and the 'D459
ATTORNEYS AT LAW
(415) 398-7860
14 Patent.
15 39. The blade of the “SPYDERCO KNIVES TACTICAL FOLDING MULTI

16 NAVAJAS CAMPING” knife purchased from iOffer says “VG-10,” which is a specific type of steel
17 used in an authentic Spyderco Matriarch knife. The blade of the “SPYDERCO C41CTS
18 TACTICAL HUNTING FOLDING KNIVES” knife purchased from iOffer says “CTS-XHP,”
19 which is a specific type of steel used in authentic Domino knives. To confirm that the knives
20 purchased from iOffer were not authentic, Spyderco had an independent metallurgist test the blade
21 of each knife to determine if they were, as indicated on the knife blades, made of VG-10 or CTS-
22 XHP® steel. (See Ex. L, Declaration of Josh Belt, incorporated by reference herein.) The results of
23 that testing confirmed that the knives advertised and sold by iOffer were not manufactured by
24 Spyderco in Japan or Taiwan and are not authentic.
25 40. iOffer’s willful counterfeiting and infringement make this an exceptional case,
26 entitling Spyderco to: (1) an award of treble actual damages in the form of Spyderco's lost profits
27 and iOffer’s gross profits due to infringement of Spyderco's Common-Law Trademarks under 15
28 U.S.C. § 1117(a); (2) an award of attorneys' fees and costs (including any expert costs) under 15
-29-
1 U.S.C. § 1117(a) for infringement of Spyderco's MARKS and Common-Law Trademarks; (3) an
2 award of compensatory damages to cover a national corrective advertising campaign that Spyderco
3 must undertake to advise the purchasing public about the hazards of acquiring a counterfeit
4 Matriarch or Domino knife, under 15 U.S.C. § 1117(a); (4) an award of prejudgment and post
5 judgement interest under 15 U.S.C. § 1117(a) and (b) for infringement of Spyderco's federally
6 registered MARKS and Common-Law Trademarks; and, perhaps most significantly, (5) an award
7 from this Court of statutory damages for willful counterfeiting under 15 U.S.C. § 1117(c)(2) of not
8 less than $200,000 or more than $2,000,000 per counterfeited mark (five in total), or a total award
9 of statutory damages of not less than $1,000,000 or more than $10,000,000.
10 41. iOffer's infringement of the 'D459 Patent has been and continues to be willful and
11 intentional and with full knowledge of the existence and validity thereof. The willful and intentional
PAYNE & FEARS LLP
12 nature of iOffer's infringement entitles Spyderco to an award of treble damages pursuant to 35

13 U.S.C. § 284, and to an award of its attorneys' fees pursuant to 35 U.S.C. § 285.
ATTORNEYS AT LAW
(415) 398-7860
14
15 IV. FIRST CLAIM FOR RELIEF

(Federal Trademark Counterfeiting and Infringement of all MARKS
16 Under § 32 of the Lanham Act, 15 U.S.C. § 1114)
17 42. Spyderco incorporates paragraphs 1 through 41 as though fully set forth herein.
18 43. Without Spyderco's consent, iOffer has used, on and in connection with the sale,
19 offering for sale, distribution, and advertising of its Counterfeit Knives, Spyderco's MARKS. iOffer
20 is promoting and advertising, selling, offering for sale, and distributing counterfeit and infringing
21 knives bearing Spyderco's MARKS.
22 44. These acts are likely to cause confusion in the trade and among the general public as
23 to at least the origin and quality of the Counterfeit Knives.
24 45. With actual or constructive notice of Spyderco’s federal registration rights under 15
25 U.S.C. § 1072, and long after Spyderco commenced use of the MARKS, iOffer made unauthorized
26 commercial uses in commerce of the MARKS.
27 46. These illegal acts constitute counterfeiting and trademark infringement of the
28 MARKS in violation of Spyderco’s rights under § 32 of the Lanham Act, 15 U.S.C. § 1114.
-30-
1 47. iOffer’s counterfeiting and infringement of Spyderco's MARKS is exceptional and
2 intentional, entitling Spyderco to treble the amount of its damages and iOffer’s profits, and to an
3 award of attorneys' fees and costs under 15 U.S.C. § 1117(a).
4 48. Spyderco has suffered and will continue to suffer irreparable injury due to iOffer’s
5 actions if iOffer is not preliminarily and permanently enjoined. Spyderco is entitled to injunctive
6 relief pursuant to 15 U.S.C. § 1116(a).
8 V. SECOND CLAIM FOR RELIEF

(Trademark Infringement, Unfair Competition, and False Designation of Origin
9 Under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a))
PAYNE & FEARS LLP
12 offering for sale, distribution, and advertising of its Counterfeit Knives, Spyderco's MARKS and
13 Common-Law Trademarks. The Counterfeit Knives bearing Spyderco's MARKS and Common-
ATTORNEYS AT LAW
(415) 398-7860
14 Law Trademarks are nearly identical in appearance to Spyderco’s respective genuine goods but are
15 inferior in quality.
16 51. These acts are likely to cause confusion in the trade and among the general public as
17 to at least the origin or sponsorship of the Counterfeit Knives. These acts also constitute trademark
18 infringement and have been committed with the intent to cause confusion, mistake, or deception,
19 and are in violation of 15 U.S.C. § 1125(a).
20 52. As a direct and proximate result of iOffer’s infringing activities, Spyderco is entitled
21 to recover iOffer’s unlawful profits and Spyderco's damages under 15 U.S.C. § 1117(a).
22 53. iOffer’s infringement of Spyderco's MARKS and Common-Law Trademarks is
23 exceptional and intentional, entitling Spyderco to treble the amount of its damages and iOffer’s
24 profits, and to an award of attorneys' fees and costs under 15 U.S.C. § 1117(a).
28
-31-
1 VI. THIRD CLAIM FOR RELIEF

(Willful Federal Counterfeiting, § 35(a) & (c)
2 of the Lanham Act, 15 U.S.C. § 1117(a) & (c))
5 offering for sale, distribution, and advertising of its Counterfeit Knives, designations that are
6 identical to Spyderco's MARKS.
7 57. These acts constitute willful trademark counterfeiting in violation of 15 U.S.C.
8 § 1117(a) and (c).
9 58. As a direct and proximate result of iOffer’s activities, Spyderco is entitled to recover,
10 among other things, statutory damages under 15 U.S.C. § 1117(c).
11 59. iOffer’s counterfeiting renders this case exceptional and intentional, entitling
PAYNE & FEARS LLP
12 Spyderco to, among other things, an award of attorneys' fees under 15 U.S.C. § 1117(a).
13 60. Pursuant to California statute, when compensatory damages are assessed by the jury,
ATTORNEYS AT LAW
(415) 398-7860
14 the jury may, in addition, award reasonable exemplary damages against a defendant “where it is
15 proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or
16 malice." When awarded, exemplary damages are intended to punish a wrongdoer and to set an
17 example for others, not to compensate the victim for the harm done to him or her. Cal. Civil Code
18 § 3294. iOffer has here acted with malice, willfully, wantonly, and fraudulently. Accordingly,
19 Spyderco is entitled to an award of punitive damages
23
24 VII. FOURTH CLAIM FOR RELIEF

(Violation of the California Business and Professions Code §§ 17200, et seq.)
25
27
28
-32-
1 63. The acts complained of herein constitute unlawful and unfair business practices that
2 have injured Spyderco in its business and property in violation of California Business & Professions
3 Code §§ 17200, et seq.
4 64. iOffer’s illegal acts were and are likely to cause confusion, cause mistake, or deceive
5 as to the affiliation, connection, or association of iOffer with Spyderco, or as to the origin,
6 sponsorship, or approval of iOffer’s infringing products by Spyderco.
7 65. The complained of acts significantly impact the public who purchased the
8 Counterfeit Knives in that they or those acquiring the products from them acquired inferior products
9 under false pretenses that could cause grave bodily harm to those individuals or others. While the
10 total number of consumers who may be affected by the inferior Counterfeit Knives may be low
11 when compared to the total number of authentic Spyderco knives that have been sold, the damage
PAYNE & FEARS LLP
12 that could be caused by a failure of a Counterfeit Knife could be very significant (perhaps including
13 death), and this is the type of impact for which California’s deceptive trade practices laws are
ATTORNEYS AT LAW
(415) 398-7860
14 designed to address.
15 66. Spyderco has suffered actual and reputational injury due to iOffer’s fraudulent and
16 deceitful conduct as outlined herein, and iOffer has intentionally and willfully caused that injury.
19 relief and all other remedies set forth in California Business & Professions Code § 17203.
20
21 VIII. FIFTH CLAIM FOR RELIEF

(Common Law Trademark Infringement and Unfair Competition)
22
24 69. Spyderco has expended significant resources, including skill, time, effort, and money
25 in acquiring and developing the MARKS and Common-Law Trademarks and the goodwill
26 associated therewith.
27 70. Spyderco has acquired substantial business values in the MARKS and Common-Law
28 Trademarks.
-33-
1 71. Through its blatant counterfeiting of the MARKS and Common-Law Trademarks
2 and products, iOffer has wrongfully appropriated the skill, time, effort, and money that Spyderco
3 has invested in its products and the MARKS and Common-Law Trademarks and the goodwill
4 associated therewith.
5 72. With full knowledge of the MARKS and Common-Law Trademarks, iOffer has
6 traded, and continues to trade, on the goodwill associated with the MARKS and Common-Law
7 Trademarks, and to cause confusion or mistake or to deceive consumers and therefore infringe the
8 MARKS and Common-Law Trademarks in violation of California common law.
9 73. iOffer’s acts have resulted in the “passing off” of iOffer’s products as those of
10 Spyderco’s, or as somehow related or associated with, or sponsored or endorsed by Spyderco.
11 iOffer’s conduct constitutes trademark infringement and unfair competition under California
PAYNE & FEARS LLP
12 common law.
13 74. Because of iOffer’s wrongful conduct, Spyderco has suffered significant injury.
ATTORNEYS AT LAW
(415) 398-7860
14 75. As a direct result of iOffer’s actions, Spyderco has been and will continue to be
15 irreparably injured because it no longer has complete control of its reputation and the goodwill that
16 has been painstakingly developed in the products and the MARKS and Common-Law Trademarks.
17 Spyderco will be forced to correct confusion in the marketplace resulting from iOffer’s
18 counterfeiting, even after injunctive relief is granted.

19 76. iOffer’s counterfeiting is causing Spyderco damages in amounts to be proven at trial.
20 77. iOffer’s wrongful use of the MARKS and Common-Law Trademarks is deliberate,
21 willful, and in reckless disregard of Spyderco’s trademark rights, entitling Spyderco to the recovery
22 of punitive damages.
23
24
25
26
27
28
-34-
1 IX. SIXTH CLAIM FOR RELIEF

(Common Law Civil Conspiracy)
2
4 79. iOffer conspired with its employees, officers, and directors and with the individual
5 or entity from which it acquired the Counterfeit Knives to resale the Counterfeit Knives at a
6 significant profit.
7 80. At least two of those individuals and/or entities agreed to that course of conduct,
8 through the placement of the MARKS upon the Counterfeit Knives and the subsequent advertising
9 and sale of the Counterfeit Knives.
10 81. iOffer and its co-conspirators actions have caused damage to Spyderco, as outlined
11 herein.
PAYNE & FEARS LLP
12
13 X. SEVENTH CLAIM FOR RELIEF

ATTORNEYS AT LAW
(Infringement of U.S. Patent No. D753,459, 35 U.S.C. § 271(a))

(415) 398-7860
14
16 83. By importing, using, offering for sale, and selling knife products in the United States
17 that infringe the 'D459 Patent, without authorization or license from Spyderco, iOffer has been and
18 is currently in violation of 35 U.S.C. §271(a).

19 84. Spyderco has been damaged and is currently being damaged by iOffer's infringement
20 of the 'D459 Patent in amount to be proven at trial.
21 85. iOffer's infringement of the 'D459 Patent has been and continues to be willful and
22 intentional and with full knowledge of the existence and validity thereof.
23 86. The willful and intentional nature of iOffer's infringement entitles Spyderco to an
24 award of treble damages pursuant to 35 U.S.C. § 284, and to an award of its attorneys' fees pursuant
25 to 35 U.S.C. § 285.
26 87. Spyderco will continue to suffer damages and irreparable harm unless iOffer is
27 restrained and enjoined by this Court, pursuant to 35 U.S.C. § 283, from further infringement of the
28 'D459 Patent.
-35-
1 XI. PRAYER FOR RELIEF

2 WHEREFORE, Spyderco prays that the Court enter an Order for Judgment as follows:
3 A. That Spyderco’s 'D459 Patent, MARKS, and Common-Law Trademarks are valid
4 and enforceable and are the exclusive property of Spyderco;
5 B. That iOffer has willfully counterfeited the MARKS;

6 C. That iOffer has willfully infringed the MARKS and Common-Law Trademarks;
7 D. That iOffer has willfully infringed the ‘D459 Patent;
8 E. That iOffer, and its respective agents, servants, officers, directors, employees, and
9 all persons acting in concert with it, directly or indirectly, be permanently enjoined from
10 counterfeiting, infringing, and inducing others to counterfeit, infringe or contribute to the
11 counterfeiting or infringement of the MARKS and Common-Law Trademarks;

PAYNE & FEARS LLP
12 F. That iOffer, and its respective agents, servants, officers, directors, employees, and
13 all persons acting in concert with it, directly or indirectly, be permanently enjoined from infringing,
ATTORNEYS AT LAW
(415) 398-7860
14 inducing others to infringe, or contributing to the infringement of the ‘D459 Patent;
15 G. That iOffer, and its respective agents, servants, officers, directors, employees, and
16 all persons acting in concert with it, directly or indirectly, be ordered to deliver up to Spyderco for
17 destruction, or certify destruction of, all products that counterfeit and/or infringe the MARKS,
18 Common-Law Trademarks, and the ‘D459 Patent;

19 H. That iOffer account for and pay to Spyderco damages adequate to compensate
20 Spyderco for iOffer’s conduct, in an amount to be proven at trial, together with interest and costs as
21 fixed by the Court;
22 I. That iOffer pay to Spyderco statutory damages to the full extent permitted by law;
23 J. That Spyderco be awarded its costs and attorneys' fees in accordance with 15 U.S.C.
24 § 1117(a), 35 U.S.C. § 285, and any other appropriate statute or on the Court's own power;
25 K. That Spyderco be awarded pre-judgment and post-judgment interest; and

26 That the Court award such other and further preliminary and permanent relief to Spyderco as the
27 Court deems equitable and appropriate.
28
-36-
1 DEMAND FOR JURY TRIAL

2 Spyderco hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil
3 Procedure.
5 DATED: July 24, 2018
6 By: /s/ Rodney B. Sorensen

Rodney B. Sorensen
7 rbs@paynefears.com
PAYNE & FEARS LLP
8 Attorneys at Law
One Post Street, Suite 1000
9 San Francisco, California 94104
Telephone: (415) 398-7860
10 Facsimile: (415) 398-7863
11 Robert R. Brunelli, pro hac vice pending

rbrunelli@sheridanross.com
PAYNE & FEARS LLP
12 Kendria E. Pearson, pro hac vice pending

kpearson@sheridanross.com
13 SHERIDAN ROSS P.C.
ATTORNEYS AT LAW
1560 Broadway, Suite 1200

(415) 398-7860
14 Denver, Colorado 80202-5141

Telephone: (303) 863-9700
15 Facsimile: (303) 863-0223
16 Attorneys for Plaintiff SPYDERCO, INC.
17
18 4840-5845-3357.1
19
20
21
22
23
24
25
26
27
28
-37-
Case 3:18-cv-04485 Document 1-1 Filed 07/24/18 Page 1 of 47
EXHIBIT A
1117/2016 Top 25 Pocket Knives that a-e Indispensable: #1 Spyderco Pa-amilita-y 2 »
•~ KNIFENEW.
'~ Tod.>y 's News for Knifo Pcop:C
)i
11011 I F' Jrc I Top 25 Pocket Knives that are Indispensable #1 Spyderco Param1lrtary 2
Top 25 Pocket Knives that are Indispensable: #1 Spyderco

Paramilitary 2
AllJ!llSI 7, 2016
• P.: T .CT
TOP 25 POCKET KNIVES THAT ARE INDISPENSABLE: #1 Spyderco Paramilitary 2

Brought to you by KnifeCenter.com
In June, we took a suNey to team which pocket knives our readers believe should never be
discontinued Respondents were asked to name as many or as few pocket knife models as
they wanted, and no brands or blades were off-limits 404 respondents named a total of 268 Cold Steel Axe Gang Hatchet Plays Leading
models and the average respondent named 4 1 pocket knives , 94 out of 404 respondents said Role in The Walking Dead
the Spyderco Paramilitary 2 should never be discontinued. No11emb<!rli,2CJ1B
How did the Spyderco Para1rnlitary 2 top a survey of knives that should never be discontinued?
It's a blade that crosses the usual boundaries of taste and preference. Most knife people fit into
one of two categories. The first group includes the people who already own the Paramilitary 2,
but still want it lo stick around so they can acquire back-ups and future versions. The second
group includes the knife knuls who don't yet own the knife, but plan to buy one.
The Spyderco Paramilitary 2 bears the maker's marks of both Spyderco founder Sal Glesser
and his son Eric. Both designers have contributed amazing designs to the Spyderco catalog
and its filling that the company's most heralded design is a collaboration between the two
generations. The Paramilitary 2 is made at Spyderco's headquarters and the Glesser's adopted Oregon Knife Companies Strengthening
home town of Golden, Colorado, USA. Earth. American Manufacturing
http:l/knifenews.com Aop-25-pockel-knives-spyderce>-param ilitary-2/?ulm_source= KnifeNews+ List&utm_campaign= 114eab0514-Param i lilary2_18_7_201 S&ut.•. 113
EX. A, p.1
1117/2016 Top 25 Pocket Knives that are Indispensable: #1 Spyderco Paramilitary 2 ))
November 5, 2016
Spyderco's Compression Lock has found the perfect host in the Paramilitary 2. Sal Glesser and
his team designed the Compression Lock on demand, but the result is a truly innovative lock
and on the Paramilitary 2 it is a masterstroke: strong, sure, and dead easy to operate. The
Paramilitary 2 delivers cutting performance that is matched by few other knives of its size. The
- %
blade can handle a range of cutting tasks owing to a combination of its thick stock and full flat
grind. The smooth curves of the oversized handle make for a comfortable grip, even with gloves
on. The forward choil confers complete control over the large blade. Add the company's Introducing the KnifeNews Dealers' Choice
trademarked SpyderHole, and what more could you ask for in a large EDC? Awards for the Best of 2016
Nov ember 3, 201 6
There are four standard models of the Paramilitary 2. Users have a choice of black or Digicam
G-10 scales. with either black-coated or satin blades. No serrated models exist. A fourth model,
with "blurple" handle scales and S110V steel, is occasionally available. There are many sprint
runs with different handle scale and steel options available through secondary market channels.
A scaled down version of the Paramilitary 2, previously called the Minuteman but now known
simply as the Paramilitary 3, is in the works , although there are no immediate plans for its
release.
This concludes the KnifeNews countdown of the Top 25 Pocket Knives that are Indispensable.
Thanks to all our readers for following the countdown and participating in the survey and
promotions . Hope you enjoyed it! A special thank you to KnifeCenter.com for making our in-
Kizer Puts New Product Strategy in Motion
depth coverage of these 25 awesome blades possible. with Discontinued for 2017 List
November 2, 2016
Knife featured in image: Spyderco Parami litary 2
#25 Microtech Ultratech 14/404

#24 Emerson CQC-7 15/404
#23 Victorinox Cadet 18/404
#22 Benchmade Adamas 20/404
#21 Zero Tolerance 0562 211404
#20 Cold Steel Ti-Lite 24/404
#19 Opine! No. 8 25/404
#18 Zero Tolerance 0350 281404
#17 Cold Steel Voyager 30/404 Sharpening Pro Credits Modern Tools for
#16 Case Trapper 41/404 Speedy Service
#15 Ontario RAT Model 1 43/404 Oc tober 31 , 201 6
#14 Benchmade Mini Griptilian 53/404

#13 Spyderco Manix 2 54/404
#12 CRKT M16 57/404
#11 Kershaw Skyline 581404
#10 Kershaw Blur 62/404
#09 Cold Steel Recon 1 63/404
~ -- --
#08 Spyderco Endura 4 70/404
Learn More
#07 Chris Reeve Knives Large Sebenza 21 75/404
#06 Kershaw Leek 76/404
Be U1 e firsl of yo ur frie nds to like this
#05 Benchmade 940 78/404
#04 Spyderco Delica 4 79/404
#03 Benchmade Griptilian 81/404
.~-~~
#02 Buck 110 Folding Hunter 90/404
#01 Spyderco Paramilitary 2 94/404
http://knifenews .comltop-25-pocket-knives-spyderco-paramilitary-2/?utm_source= KnifeN e-Ns+ List&utm_cam paign= 114eab0514-Paramilitary2_18_7_2016&ut... 213

EX.A,p.2
1117/2016 Top 25 Pocket Knives that are Indispensable: #1 Spyderco Paramilitary 2 »
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EX. A, p. 3
EXHIBITB
Int. Cl.: 8
Prior U.S. Cls.: 23, 28 and 44
Reg. No. 1,965,458
United States Patent and Trademark Office Registered Apr. 2. 1996
TRADEMARK
PRINCIPAL REGISTER
SPYI)ERCO
SPYDERCO, INC. (COLORADO CORPORA- KNIVES; SHARPENING STONES, IN CLASS 8

TION) (U.S. CLS. 23, 28 AND 44).
4565 NORTH HIGHWAY 93 FIRST USE 0-0-1981; IN COMMERCE
GOLDEN, CO 80403 0-0-1981.
SER. NO. 74-657,799, FILED 4-10-1995.

FOR: KNIVES, NAMELY HUNTING, FISH-
ING, POCKET, FOLDING AND SPORTING MARY CRAWFORD, EXAMINING ATTORNEY
EX. B, p. 1
EXHIBITC
Int. Cl.: 8
Reg. No. 1,957,810
United States Patent and Trademark Office Registered Feb. zo, t996
TRADEMARK
PRINCIPAL REGISTER
SPYDERCO, INC, (COLORADO CORPORA- FIRST USE 0-0-1981; IN COMMERCE

TION) 0-0-1981.
4565 NORTH HIGHWAY 93
THE MARK CONSISTS OF A FANCIFUL
GOLDEN, CO 81403 REPRESENTATION OF A SPIDER.
ING, POCKET, FOLDING AND SPORTING SBR. NO. 74-650,054, FILED 3-22-1995.
KNIVES; SHARPENING STONES, IN CLASS g
(U.S. CLS. 23, 28 AND 44). SARAH LEE, EXAMINING ATTORNEY
EX. C, p. 1
EXHIBIT D
Int. Cl.: 8
Reg. No. 2,033,317
United States Patent and Trademark Office Registered Jpn, 28, 1997
TRADEMARK
PRINCIPAL REGISTER
SPYDERCO, INC. (COLORADO CORPORA- THE MARK CONSISTS OF THE CONFIGU-

TION) RATION OF A PORTION OF THE GOODS,
4565 NORTH HIGHWAY 93 NAMELY A CIRCULAR THROUGH HOLE
GOLDEN, CO 80403 FORMED IN THE BODY OF A KNIFE BLADE
SEC. 2(F).
ING, POCKET, FOLDING AND SPORTING SER. NO. 74-624,039, FILED 1-23-1995.
KNIVES, IN CLASS 8 (U.S. CLS . 23, 28 AND 44).
FIRST USE 0-0-1981; fN COMMERCE ANTHONY R. MASIELLO, EXAMINING AT-
0-0-1981. TORNEY
EX. D, p.1
EXHIBITE
Reg. No. 4,884,288 SPYOERCO, INC. (COLORADO CORPORATION)

820 PYDE.RCO \\'AY
Registered Jan. 12, 2016 GOLDEN, co so403
Int. Cl.: 8 FOR: KNIFE SHARPENERS; KNIVES; SHARPENING STONES, IN CLASS 8 (C.S . CLS 23 ,
28AND 44) .
TRADEMARK FIRST USE 7-0-2007; IN COMMERCE 7-0-2007.
PRINCIPAL REGISTER THE MARK CONSISTS OF A DESIGN COMPRISING A GRAY TAPERED ARC FLANKED
BY THE COLORS RED ON A FIRST SIDE AND BLACK ON AN OPPOSING SIDE BROKEN
LINES REPRESENT OUTLINE OF PRODUCT PACKAGING TO SllOW !IOW TllE MARK
rs DEPICTED ON TllE PACKAGING AND IS NOT PART OF TllE MARK TllE SllAPE OF
THE PACKAGING rs NOT PART OF THE MARK
T!IE COLOR{S) BLACK, RED, AND GRAY IS/ARE CLAIMED AS A FEATllRE OF Tl!E
MARK.
SEC. 2(F).
SER. NO. 86-496, 159, flLED 1-6-2015
DORITT I.. CARROi.i., EXAMINING ATTORNEY
Director of the United States

Patent and Trademark Office
EX. E, p.1
EXHIBITF
Reg. No. 5,236,430 Spyderco, Inc. (COLORADO CORPORATION)

820 Spyderco Way
Registered Jul. 04, 2017 Golden, CO 80403
CLASS 8: Knives
Int. Cl.: 8
FIRST USE 00-00-2004; IN COMMERCE 00-00-2004
Trademark
The mark consists of the letter "E" in stylized form with an arrowhead on the tail of the "E".
Principal Register
SER. NO. 87-252,274, FILED 11-30-2016
DANIELS STRINGER, EXAMINING ATTORNEY
?e/ s"t "- rm" rft> I

Performm111M functions and Dulles of the
Under Secret•ry of Commerce lor
lniellrclual Propt'rty and Oireuor of 1he
Uniied S1atu Patent and Trademuk Ofr1ce
EX. F, p.1
EXHIBITG
6/30/2017 Spyderco C41 CTS tactical hunting folding knives for sale
S porting Goods ;, Ou 1clo or Spoil s > Hu 111111g ::- Knives ;> Fo lding Bl acle
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EX. G, p.1
EXHIBITH
6/30/2017 spyderco knives tactical folding multi navajas camping for sale
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EX. H, p.1
EXHIBIT I
Dear Spyderco Customer,
Across the United States, Europe and Japan, cutlery buyers collect Jot Singh
Khalsa knives. Jot's first collaboration with Spyderco was the C40 Jot Singh
Khalsa Folder, released in 1997, and later discontinued. Spyderco is
revitalizing the C40 for a short time in a Sprint Run. featuring many of the
original 's unique characteristics.
Jot Singh Khalsa began m'aking knives in 1977 and has been designing and
making knives and jewelry full-time since 1978. His first knife was an ornate
Kirpan, one of the five sym bols of the Sikh religion which he adopted in the
early ?O's. He is well-known for his decorative knives, swords and Kirpans with
gemstone handles, engraved fittings and Damascus blades, as well as for his
prized folder designs. He attributes his steadiness of character and the
creative and innovative insights that guide his knife and sword-making to a
daily practice of Kundalini Yoga and meditation, a discipline which he has
studied since 1972.
The Sprint Run Jot Singh Khalsa folde r has black G-1 O scales offering
exceptional ergonomics with a curving handle and unique design flair that fit
the hand like a giove. The ergonomic scales encompass a fully-lined
Linerlock® and are manufactured using screw together con struction. Like the
original Khalsa Folder, the design has exceptional eye-appeal with a ·
pronounced hump in the blade to accommodate the Spyderco Trademark
Round Hole TM and the hump also functions as a cross-guard.
The saber-ground VG-10 blade has a weight-reducing swedge grind along the
spine and is emblazoned with the Spyderco bug on the front and Khalsa's logo
on the back.
The Khalsa Folder is a unique collaboration reflecting both Jot Singh Khalsa:s
flair for designing visually appealing knives but also showcases Spyderco's
attentiveness to quality an\l functionality.
Thanx Much,
The Spyderco Crew
T: 303.279.8383 T: 800.525 7770 F: 303.278 2229 820 Spydorco Woy Goldon , CO USA 60403 www.spydorcQ.com
EX. J , p.1
EXHIBIT J
Edge-U-Catlon®
Dear Spyderco Customer,
Thank you for purchasing a Spyderco Ti·Mll Miiitary Model. NO

Spyderco folder has lent itself baller lei Innovation and variallon than
the Milllary Model. Using this model we·ve produced a parade of
unique renditions with upgraded blade steels. handle colors and
materials. We consider it Spyderco's poster child, putting a face to
our commitment to C. a. I. ·Constant Quality Improvement.
Qur first Military Model. or M1Wie. came about when someone asked
Sal - "What knife would you send with your son or daughter if they
were deployed?" I had three criteria. 1. ) The blade had to be
ferocious in cutting potential and edge life. 2. ) Its weight and
ergonomics both lightweight and comfortable . 3. ) I wanted it
manufactured as failsafe, indestructible and maintenance -free as
humanly possible.
The Ti-Mi is a traditional Military Model meeting Sal's requirements in
everywaY but bas a tilanium handle and a R I L ·Reeve tnlegral
lock. We applaud knilemaker Chris Reeve for modifying the original
Walker linerlocke design. He morphed it so the handle scale acts as
the lock's liner and the back portion of the handle doubles as both
handle spring and lock. In doing this he eliminated the need for
additional internal liners and we can manufacture the knife lighter.
slimmer and stronger.
Ti·Mil' s ultra-light titanium hand le feels like an extension of the hand

with chamfering around the edges and a jimped lock release. We tell
the handle construction open ror easy maintenance and cleaing,
allowing debris Inside to be nushed or blown out, ensuring reliabe
performance even ln the dirtiest. harshest environments .
Its powdered CPM·S30V steel blade is flat-ground wily a sole -locus

on cutting perlormance. We oversized the blade hole for posillve one·
hand deploment, even while wearing gloves and added jimplng on the
chon and spine ror tactne resistance in a gripping hand while sawing,
chopping or aggressively cutting.
Our Millie has become one of the most enduring designs we've ever
made. We' II keep on applying our C. a. I. processes to it, but will
ensure it rema ins uncomplicated, functional and fietd ..·ready.
We thank you ror your appreciation of our knives and our efforts.
Thanx Much,
The Spyderco Crew
( 800 525 7770 t 303. 271J 6:J8J I 303.278.2229 Spydotco, Ille. 820 Sp)"do1co Way Golden, CO 8040) U,S.A WWW.!PV<'81co.com Spyderco.
Knives & M:cesioN1
EX. K, p.1
EXHIBITK
I1111111111111111111111111111111 11111 11111111111111111111111111111 11111 1111

USOOD753459S
02) United States Design Patent (IO) Patent No.: US D753,459 S

Glesser (45) Date of Patent: ** Apr. 12, 2016
(54) FOLDING KNIFE 0422,871 s 4/2000 Terzuola

0434,631 s 12/2000 Lum
(71) Applicant: Spydcrco, Inc., Golden, CO (US)
0435,420 s 12/2000 Ayoob
(Continued)
(72) Inventor: Eric Glesser, Evergreen, CO (US) OTHER PUBLICATIONS
(73) Assignee: SPYDERCO, INC., Golden, CO (US) Grant Notification (with English translation) for Chinese Patent
Application No. 201430220144.9, dated Oct. 10, 2014, 4 pages.
(**) Term: 14 Years (Continued)
(21) Appl. No.: 29/487,550 Primary Examiner - Phillip S Hyder

(74) Attorney, Agent, or Firm - Sheridan Ross P.C.
(22) Filed: Apr. 9, 2014
(57) CLAIM
(51) LOC(lO)CI . ................... ........... .................. 08-03
The ornamental design for a folding knife, as shown and
(52) U.S. Cl. described.
USPC ...... ........ ........................... ..... ............... 08/99
DESCRIPTION
(58) Field of Classification Search
USPC ............... 08/98, 99, JOO, 105, 107; 022/118 FIG. 1 is a front perspective view of the folding knife shown
ere .............. B26B 3/06; B26B 1/04; B26B 1/10; in an open position;
8268 1/02; 8268 1/48 FIG. 2 is a front elevation view thereof;
See application file for complete search history. FIG. 3 is a rear elevation view thereof;
FIG. 4 is a left elevation view thereof;
(56) References Cited FIG. 5 is a right elevation view thereof;
FIG. 6 is a top plan view thereof;
U.S. PATENT DOCUMENTS FIG. 7 is a bottom plan view thereof;
FIG. 8 is a front perspective view of the folding knife shown
0308,009 s 511990 Evrcll
0333,251 s • 2J l 993 Glesser ... . .. .. .. ... .. .. . ... . .. .. . 08/99 in a closed position;
0379,294 s 5/ 1997 Lum FIG . 9 is a front elevation view of the folding knife of FIG. 8;
0381,060 s 7/1997 Moran FIG. 10 is a rear elevation view of the folding knife of FIG. 8;
0382,189 s " 8/ 1997 Viele ................................ 08/99 FIG.11 is a left elevation view of the folding knife of FIG. 8;
0384,871 s • 10/ 1997 McWillis ...................... ... 08/99
5,689,890 A • 11/ 1997 Glesser .. .. ... ... .... .. ..... .... .. 30/340
FIG. 12 is a right elevation view of the folding knife of FIG.
0387,966 s I 2J 1997 Horn 8·
0389,389 s 111998 Glesser
' 13 is a top plan view of the folding knife ofl'IG. 8; and,
l'IG.
0389,718 s 111998 Wegner FIG. 14 is a bottom plan view of the folding knife of FIG. 8.
0402,178 s 12/ 1998 Glesser The broken lines depict portions of the folding knife in which
0402,524 s I 2J 1998 Glesser
1)404,990 s 211999 Zowada the design is embodied that are not considered part of the
1)407,002 s • 3/ 1999 Morton et al. .............. ..... 1)8199 claimed design.
0418,383 s 112000 Bradichansky
0421,378 s 3/2000 Glesser 1 Claim, 9 Drawing Sheets
US D753,459 S
Page 2
(56) References Cited OTHER PUBLICATIONS

U.S. PATENT DOCUMENTS Grant Notification (with English translation) for Chinese Patent
Application No. 201430287194.9, dated Dec. 3, 2014, 4 pages.
))438,443 s 3/2001 Keating
0441,827 s 51200 I f<rank U.S. Appl. No. 29/479,611, filed Jan. 17, 2014, Carey.
0442,460 s 51200 I Glesser U.S. Appl. No. 29/482,307, filed Feb. 17, 2014, Glesser.
0461 ,387 s 812002 Glesser "Spyderco Domino - Cl72CFTI," Spyderco Inc., 2014, 1 page.
0474,669 s • 5/2003 Onion ........ .. .......... .......... 08/99
U.S. Appl. No. 29/501,735, filed Sep. 8, 2014, Mears.
0488,045 s • 412004 Onion .. .... .. ...... .... ............ 08/99
0553,469 s • 10/2007 Onion .. .......... .... .............. 08/99 Notice of Allowance for U.S. Appl. No. 29/479,611 , mailed Sep. JO,
0567,055 s • 4/2008 Renzi et al. ....... ............... 08/99 2015 7 pages.
0569,213 s • 5/2008 Renzi el al. ...................... 08/99 Official Action for U.S. Appl. No . 29/501,735, mailed Aug. 27, 2015
0581,240 s 11/2008 Glesser et al. ........ ........... 08/99
7 pages.
0593,838 s 612009 Williams .......... ............... 08/99
0614,933 s 512010 Freeman
0697,780 s 1/2014 Pelton * cited by examiner
U.S. Patent Apr. 12, 2016 Sheet 1of9 US D753,459 S
•
~
u..
N•
-C.9
U.S. Patent Apr.12,2016 Sheet 3 of 9 US D753,459 S
o- ....
.... --
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EXHIBITL
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA
Civil Action No. - - - - - - - - - -
SPYDERCO, INC.,
a Colorado corporation,
Plaintiff,
V.
IOFFER INC.,
a California Corporation, and
I OFFER CORPORATION,
A Nevada Corporation,
Defendants
DECLARATION OF JOSH BELT
I, Josh Belt, hereby declare as follows:
1. I am over the age of 18. I have personal knowledge of the facts set forth below and,
if called upon to do so, could and would competently testify thereto.
2. I am a Mechanical and Materials Engineer working at Colorado Metallurgical
Services, located at 10605 East 25th A venue, Aurora, Colorado 800 I 0, and having a website
located at www.testmetals.com. Our organization is ISO/IEC 17025 :2005 accredited.
3. On July 2, 2018, I received two folding knives from Kendria Pearson of Sheridan
Ross P.C. She asked that Colorado Metallurgical Services test the composition of the metal of the
blades of two knives shown below:

4. I agreed to and did conduct the tests requested. The certified results of that testing
arc attached as Exhibits I and 2.
5. Ms. Pearson then asked that I compare the metal composition of the knife 1 blade
to the VG-10 standard set forth in Spyderco's Steel Chart. (See Ex. 3.) The comparison is provided
below:
Metal Knife 1 (%) VG-10 (%)

Carbon 0.26 0.95-1.05
Chromium 12.7 14.50-15.50
Cobalt 0.01 1.30-1.50
Manganese 0.24 0.50
Molybdenum 0.03 0.90-1 .20
2
Phosphorus 0.022 0.03

Silicon 0.36 0.60
Vanadium 0.07 0.10-0.30
6. Ms. Pearson also asked that I compare the metal composition of the knife 2 blade
to the CTS-XHP® alloy standard set forth in the Carpenter Alloy Data (see Ex. 4) and in
Spyderco's Steel Chart (see Ex. 3). The comparison is provided below:
Metal Knife 2 {%) VG-10 (%)

Carbon 0.41 1.60
Chromium 12.3 16.00
Manganese 0.34 0.50
Molybdenum 0.03 0.80
Nickel 0.12 0.35
Silicon 0.52 0.40
Vanadium 0.07 0.45
7. I returned the tested knives to Ms. Pearson on July 17, 2018.
I declare under penalty of pei:jury that the foregoing is true
Dated: July I 7, 20 I 8
Materials Engineer
3
EXHIBIT 1
Colorado Metallurgical Services

10605 East 25th Avenue Aurora, CO 80010 T/303 780 9800 F/303 780 9402 testmetals.com
Date: July 5, 2018 Company: Sheridan Ross, PC/ Spyderco Inc

P.O. # ATTN : Kenderia Pearson
Ref. # Knife 1/3086-5-195 Address: 2430 Osceola St.
Material : AISI 420 Address: Denver, CO 80212
Specification: ASTM E1086-14
Lab#: 1807-007
CH EMICAL ANALYSIS UNS 842000

Carbon 0.26 0.15min
Sulfur 0.014 0.030 max
Phosphorus 0.022 0.040 max
Silicon 0.36 1.00 max
Chromium 12.7 12.00-14.00
Nickel 0.13
Manganese 0.24 1.00 max
Copper 0.05
Molybdenum 0.03
Columbium <0.01
Titanium <0.01
Aluminum 0.02
Vanadium 0.07
Cobalt 0.01
Tungsten <0.01
Tin 0.01
Iron Base Base
Chemistry Run By: OES

Percent by Weight
[X] Information Only
Laboratory No.1807-007 I Accredited to ISO/IEC 17025:2005 I Accreditation #72916 I Page 1 of 1
Acceptance of this certification indicates customer acknowledgment of invoice terms. All reports are submitted as the confidential property of clients . Authorization
for publication of our reports, conclusions or extracts from or regarding them, is res erved pending our written approval as a mutual protection to clients, the public
and ourselves. Upon written request, applicable uncertainty or measurement determinations will be made readily available to client(s) .
EXHIBIT2
Colorado Metallurgical Services

10605 East 25th Avenue Aurora, CO 80010 T/303 780 9800 F/303 780 9402 testmetals.com
Date: July 5, 2018 Company: Sheridan Ross, PC/ Spyderco Inc

P.O. # ATTN: Kenderia Pearson
Ref.# Knife 2/3086-5-195 Address : 2430 Osceola St.
Material: AISI 420 Address: Denver, CO 80212
Specification : ASTM E1086-14
Lab#: 1807-008
CHEMICAL ANALYSIS UNS S42000

Carbon 0.41 0.15 min
Sulfur 0.003 0.030 max
Phosphorus 0.028 0.040 max
Silicon 0.52 1.00 max
Chromium 12.3 12.00-14.00
Nickel 0.12
Manganese 0.34 1.00 max
Copper 0.06
Molybdenum 0.03
Columbium <0.01
Titanium <0.01
Aluminum 0.01
Vanadium 0.07
Cobalt 0.03
Tungsten <0.01
Tin 0.01
Iron Base Base
Chemistry Run By: OES

Percent by Weight
[XJ Information Only
Laboratory No.1807-008 I Accredited to ISO/IEC 17025:2005 I Accreditation #72916 I Page 1 of 1
Acceptance of this certificalion Indicates customer acknowledgment of invoice terms. All reports are submitted as the confidential property of clients . Authorization
for publ icati on of our reports . conclus ions or extracts from or regarding lhem, is reserved pending our written approval as a mutual protection to clients, the public
and ourselves. Upon wrillen request, applicable uncertainty of measurement determinations will be made readily available to client(s).
EXHIBIT3
•Spyderco 1-:
.- -1
STEEL CHART
2016 Steel Chart
1095
154CM
3Cr
.., . ..
1.os
..
0.2(;.0,35
---IEIBBI -- . . .
14.00
110M4.00.
' ..
..
l.00
I I
. ..
4.00
"
mlllll' . . . . . . .. .
0.035
'
1.00
II ...
El
"
.·- -2
4~5
42DJ2
Modified
.
O.lS
·:
0.4<>-0.54
ll.00-14.00
13.50-15.00
1.00
0.50 0.60.1.00
0.04
0.04
1.00
o~
; <i.o:i
O.D3 0.10
s-
440A 0.65.0.75 16 0[).18.00 1.00 0.75 0.04 1.00 0.03
· ·• :
6-
440C J.llO 17.SO o.so o.so 0.1).1 0.30
440XH a.so 0.3S 0.45
.
1.50
', , ,
16.0D
It I
0 .80 0 :40
1.-:._
52100 0.98·1.10 130 ·1.GO 0.25-0.45 0.03 0.15·0.30 0.03
:- -3 8Cr13MoV 0.80 13.00 DAO 0.15 0-20 0,02 a.so 0.01 0.10
t :1 8-
..
A·Z l.llO s. z~ O.,S!i I.IO 0,35 0.25
ATS·34 1.us 1~ .00 U.40 4.00 O.D3 0.35 0.02
AUS·6 o.ss.o.65 13.00·H.50

' '
1.00 o.~o 1,00 DOJ O.I0·0.25
a.so 0.10-0.50 0A9 1,Ull 0.03 O.I0-0.26
I I
a.so ' •l.00

'' O.lU ! 20 10-
0,)[).0.50 1.00.2.00 0-25 0,03 0:60-0.10 0.01 0.20.0.30 0.10-0.lO
I
D.40 2.95 0.80 3.BS 11-
0.50 1.30 0.90 9.00
o.so I.JO o.90 14,50 12__:,

__, a.lo 1.00
l.00
O.!O O.GO '400
4.ao 13_:
7..00 3.00
• I • • I
l.Oa 9.00
.oo 0.40 2.2.5 0.60 a.2a gjo 14-
1.60 1.15 2.40
0.25-0.45 O.JS-0,30
--1 ,,
0.50 3.BIM.20 0.30 1.00·1.50
i
a.60 0.30 0.37 0.10 16__:,
•I
a.so 2.00 o.30 ''
..,
4.00
·- '
CTS 20CP
.. ·' ...
n.oo
a.30
0.50
1.00
I.JO
0.60
a.90
0.65 4.00
9.30
.- ·-7 m40CP lG.00·18.00 1.00 0 .15 LOO
18__:,
Elm ox l.10 1&00 0.30
'
1.00
'
0.80
t:I
3.00
GIN·l
HAP40
0.90
LlO
15,50
4.00 a.co
0.60
"
0,30
5.00
t: , .
0.02 D.37
.
0 .03
'
6.00 J.00
Super Slue S1eol 1 .~1).1 . SO 0,31).0.50 0-2().(1,30 O.Jl).0.50 0.03 2.00-2.so o.so
. ,,
.-·-8
LC 200 N ~ . JO IS,00 UIO 0.95 0.50 o.sa
Maxumet• 2. 15 ~ . 75 10.00 0.30 0.2S 0.<11 13.00 G.00
M3~0 1.90 20.00 0,30 1.00 0.70 O.GO 4.00

MBS·26 o.85·1.00 13.Q().lS.OO 0.30-0.60 0.15-0,25 o.65 0.01
,., I O
N690Cn 1.07 17.00 I.SO 0"10 1.10 0 .•10 0.10
0-1 o.8S·l.OO
,,
Q.40·0.llO l.(JQ·l. 'IO D.lO a.so a.so 0.30
I O
-:-9 PSF27 t.S~ 12.oa 0.40 0.75 0.30 0.40 1.00

RWll4 \.,OS 1•.00 o.so 4.00 0.50 0,20
Sandvik 1ZC27 Mod. 0.5? 14.50 0.60 0.25 o.~o O.oJ

SUS410 o.is 11.51).13.SO LOO n.on 1.00 O.D3 24-:
VG·10 · - - .• ....2:~~1.05 14.5!!·15.50 1.30·1.50 o..so 0.90·1.20 Q.Q3 0.60 O.l<>-0,30
O. tO·O.'lO O.iO 0;10-0.40 a.so 0.10
27__:,
EXHIBIT4
Data
CTS·XHP® Alloy
Patent
Number 5,370,750
Type
Analysis Carbon 1.60% Chromium 16.00%
Silicon 0.40% Molybdenum 0.60%
Nlckel 0.35% Vanadium 0.45%
Manganese 0.50% Iron Balance
Description CTS-XHP® alloy is an air-hardening, high carbon, high chromium, corrosion resistant alloy.
It can be considered either a high hardness stainless steel or a corrosion-resistant tool steel.
The alloy is manufactured using powder metallurgy and controlled metal working processes.
CTS-XHP alloy possesses corrosion resistance equivalent to high chromium stainless steels
but can attain a maximum hardness of 62 HRC, approaching that of 02 tool steel. In
addition, the composition of CTS-XHP alloy has been balanced so that it can attain a
minimum bardness of 60 HRC when air cooled from hardening temperatures of 1850 to
2000°F. CTS-XHP alloy is thus more forgiving during heat treatment than slmllar alloys.
Applications Applications that may be considered for CTS-XHP alloy include all the applications for
stain less steels that may require higher hardness, such as bearing assemblies, needle
valves, ball check valves, valve seats, pump parts, ball studs, bushings and wear resistant
textile components. CTS-XHP can be used for specialty knives where its fine carbide
distribution can be used to produce a keenly sharp cutting edge.
Because of the hardness of CTS-XHP alloy, it may also be considered for use in 02
applications requiring greater corrosion resistance, such as blanking dies, forming dies,
extrusion dies, drawing dies, forming rolls, edging rolls, beading rolls, master tools,
heading tools, long punches, Intricate punches and slitting cutters.
Corrosion CTS-XHP alloy possesses corrosion resistance equivalent to Type 440C stainless. CTS-
Resistance XH P alloy resists corrosion in normal domestic environments and very mild industrial
environments, including many petroleum products and organic materials.
For optimum corrosion resistance, surfaces must be free of scale and foreign particles and
finished parts should be passivated.
Detailed test data can be furnished upon request.
The Information and data presented herein are typical or average values and are not a guarantee of STAINLESS STEELS 88
maxJmum or minimum va lues. Applica tions speclfically suggested for material described herein are Edition Date; 10/11/02
made solely for the purpose of illustration to enable the reader to make his own evaluation and are not
Intended as warranties, either express or impfled, of fitness for these or other purposes. There is no
representeliori that the recipient of this literature will receive updated editions as they become available.
>.\
CTS-XHP® Alloy 2
Important Note: The following 5-level rating scale is intended for comparative purposes only.
Corrosion testing is recommended; factors which affect corrosion resistance include
temperature, concentratfon. pH, Impurities, aeration, velocity, crevices, deposits, metallurgical
condition, stress, surface finish and dissimilar metal contact.
Nitric Acid Moderate Sulfuric Acid Restricted
Phosphoric Acid Restricted Acetic Acid Restricted
Sodium Hydroxide Moderate Salt Spray (NaCl) Restricted
Sea Water Sour Oil/Gas
Humidity Good
Physical
Properties Specific Gravity 7.62
Density 0.275 lb/in
3
7625 kg/m 3
Mean coefficient of thermal expansion-CTS-XHP® Alloy
Annealed condition
Room Temperature Average Coefficient
77af to 25°C to 10"" I °F 10.01 ac
212 100 5.65 10.17
392 200 6.02 10.83
572 300 6.24 11.23
752 400 6.40 11.52
932 500 6.53 11.76
1112 600 6.63 11.93
1292 700 6.71 12.13
1472 800 6.87 12.37
-
Isothermal transformation (1-T) diagram-CTS-XHP® Alloy
Austenitize at 1925°F (1052°C) for 25 mins., quenched to 1-Ttemperature, then brine
quenched to room temperature.
•c 'F
871 1600
B16 11500
760 -j- 1400
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Tlme (&1cond1)
Copyright 2002 CRS Holdings Inc. All rights reserved.

JS-CANO 44 (Rev. 06117)
CIVIL COVER SHEET
The JS-CANO 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law,
except as provided by local rules of court. This form, approved in its original form by the Judicial Conference of the United States in September 1974, is required for the Clerk of
Court to initiate the civil docket sheet. (Sl:'E INS/1WCTIONS ON Nl:'XT PAGE OF 7HIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
Spyderco, Inc., a Colorado corporation iOffer, Inc., a California corporation; and
iOffer Corporation, a Nevada corporation
{b) County of Residence of First Listed Plaintiff Jefferson, Colorado County ~f Re~i.denc~ o,f_ ~irst Listed Defendant San Francisco, California
(l:XC '!:PT IN ll.S. Pl.A/NT/FF C'AS!:'S) (IN US / /.AIN71FI· C A5!:.~ ONl. Y)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(C) Attorneys (Firm Name. Addre.>.r, and Telephone N11111her) Attorneys (If Known)
Rodney B. Sorensen, Esq.
PAYNE & FEARS LLP (4 15) 398· 7860
One Posl S1reel, Suile 1000, San Francisco, CA 94 I 04
II. BASIS OF JURISDICTION (Place an")(" in One Rox Only) Ill. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" mOneRoxforPlamtiff
(For Diversity Ca.<e.< Only) and One Rox.for IJ~fendant)
PTF DEF PTF DEF
U.S. Government Plaintiff Federal Question Citizen of This State I I lncorporaled or Principal Place
(U.S'. Government Not a Party)
of Business In This Stak
Cilizen of Another State Incorporated and Principal Place
U.S. Government Defendant Diversity
(Indicate Citizenship of Partie.1· in Item Ill) of Business In Another State
Citizen or Subject of a Foreign Nation
Foreign Country
IV. NATURE OF SUIT (Place an "X" in One RoxOnlyJ

CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
I I 0 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure of 422 Appeal 28 USC § 158 375 False Claims Act
120 Manne Propeny 21 USC§ 88 I 423 Withdrawal 28 USC 376 Qui Tam (3 l USC
310 Airplane 365 Personal Injury- Product
130 Miller Act Liability 690 Other § 157 § 3729(a}}
315 Airplane Product Liability
140 Negotiable lnstrumenl 367 Health Care/ LABOR PROPERTY RIGHTS 400 State Reapponionment
320 Assault , Libel & Slander
150 Recovery of Pharmaceutical Personal 4 I0 An1i1ms1
330 Federal Employers 710 Fair Labor Standards Act 820 Copyrights
Overpayment Of Injury Product Liability 430 Banks and Banking
Liability 720 Labor/Management 830 Patent
Veteran· s Benefits 368 Asbestos Personal Injury 4 50 Commerce
340 Marine Relations 835 Patent-Abbreviated New
15 l Medicare Act Product Liability
345 Marine Product Liability 740 Railway Labor Act Drug Application 460 Depona1ion
152 Recovery of Defaulted PERSONAL PROPERTY 4 70 Racketeer Influenced &
350 Motor Vehicle 75 I Family and Medical X 840 Trademark
Student Loans (Excludes 370 Other Fraud Corrupt Organizations
355 Motor Vehicle Product Leave Act
Veterans) 37 l Truth in Lending SOCIAL SECURITY
Liability 790 Other Labor Litigation 480 Consumer Credit
153 Recovery of 380 Other Personal Property 861 HIA ( 1395ff)
360 Other Personal Injury 79 l Employee Retirement 490 Cable/Sat TV
Overpayment Damage Income Security Act 862 Black Lung (923) 850 Securities/Commodities/
of Veteran· s Benefits 362 Personal Injury -Medical
Malpractice 385 Propeny Damage Product 863 DIWCIDIWW (405(g}) Exchange
160 Stockholders' Suits Liability IMMIGRATION
864 SS ID Title XVI 890 Other Statutory Actions
190 Other Contract 462 Naturalization
CIVIL RIGHTS PRISONER PETITIONS 865 RSI (405(g)) 89 I Agricultural Acts
195 Contract Product Liability Application
440 Other Civil Rights HABEAS CORPUS FEDERAL TAX SUITS 893 Environmental Mauers
196 Franchise 465 Other Immigration
441 Voting 463 Alien Detainee Actions 895 Freedom oflnforniatrnn
870 Taxes (U .S. Plaintiff or
REAL PROPERTY Act
442 Employment 510Motions10 Vacate Defendant)
210 Land Condemnation Sentence ~% Arb11ra11on
443 Housing/ 871 IRS-Third Party 26 USC
220 Foreclosure Accommodations 530 General § 7609 899 Administrative Procedure
Act/Review or Appeal of
230 Rent Lease & Ejectment 445 Amer. w/Disabilitieg- 535 Death Penalty
Agency Decision
240 Tons 10 Land Employment
OTHER 950 Constitutionality of State
245 Ton Product Liability 446 Amer. w/Disabilities-Other
540 Mandamus & Otl1er Statutes
290 All Other Real Propeny 448 Education
550 Civil Rights
555 Prison Condition
560 Civil Detainee-
Conditions of
Confinement
V. ORIGIN (l'laaan "X " mOneRoxOnly)

X I Original 2 Removed from Remanded from Reinstated or Transferred from 6 Muhid1stric1 Multidis1ric1
Proceedmg State Coun Appellate Coun Reopened Another District (.'pecify} Litigation-Transfer Litigation-Direct File
VI. CAUSE OF Ci le the U.S. Civil Statute under which you are filing (D11 not cite iurisdictio11a/ statutes unless diven·itv) :
15 U.S.C. §§ 1114 , 1117, 1125; 35 U.S.C. §IOI, et seq.
ACTION
Brief descrintion of cause:
Trademark Infringement; Patent Infringement; Violation of California Business and Professions Code; among others
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND$ CHECK YES only ifdemanded in complaint:
COMPLAINT: UNDER RULE 23, Fed. R. Civ. P JURY DEMAND: X Yes No
VIII. RELATED CASE(S), JUDGE DOCKET NUMBER

IF ANY (See instruc//ons):
iX. mVI SIONAL ASSIGNMENT (C ivil Local Ruk 3-2}
(Pia~~ an .. xn in One Box Oniyj
x SAN FRANCISCOiOAKLA; 'D SA. : OSI:. EL EKA-MCKINLL YVILLL
DATE 0712412018 SIGNATURE OF ATTORNEY OF RECORD Isl Rodney B. Sorensen

Spyderco v. Ioffer - Complaint

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Case 3:18-cv-04485 Document 1 Filed 07/24/18 Page 1 of 37

1 Rodney B. Sorensen, SBN 196926

5 Robert R. Brunelli, Colorado SBN 20070, pro hac vice pending

10 Attorneys for Plaintiff

12 UNITED STATES DISTRICT COURT

13 FOR THE NORTHERN DISTRICT OF CALIFORNIA

15 SPYDERCO, INC., a Colorado Corporation, Case No. 3:18-cv-04485

16 Plaintiff, COMPLAINT FOR FEDERAL

COMPLAINT WITH JURY DEMAND

2 and iOffer Corporation, alleging as follows:

5 Spyderco Way, Golden, Colorado 80403.

14 is also subject to process by serving Mr. Boyce at his business office.

18 incorporated herein by this reference.

21 registered trademarks, willful infringement of Spyderco's federally registered and common-law

24 (35 U.S.C. § 101, et seq.).

28 part of the same case or controversy.

5 District. Personal jurisdiction exists over iOffer.

9 this judicial district.

10 III. GENERAL ALLEGATIONS

21 about that product is listed on Spyderco's website at

22 https://www.spyderco.com/catalog/details.php?product=19, and that information is incorporated

10 Military knives is set forth below:

3 the Domino knife is listed on Spyderco’s website at https://www.spyderco.com/catalog/

4 details/C172CFTI/839, and that information is incorporated herein by this reference. Example

5 photographs of Spyderco’s Domino model knife are set forth below:

17 the Matriarch knife is listed on Spyderco’s website at https://www.spyderco.com/

18 catalog/details.php?product=719 and that information is incorporated herein by this reference. The

20 of Spyderco’s Matriarch model knives are set forth below:

21 Singh Khalsa knife is listed on Spyderco’s website at https://www.spyderco.com/

25 cutting performance . . . .” (https://www.spyderco.com/catalog/details/C12BK2/719). The

The Spyderco Domino knife is

15 on one side and “SPYDERCO CTS-XHP” on the other side.

27 Spyderco Product Packaging are set forth below for reference:

21 B. Spyderco's Relevant Federally Registered Trademarks

2 the identical mark on visually nearly identical knives.

23 used the identical mark on visually nearly identical knives.

5 nearly identical knives.

14 mark on visually nearly identical knives.

17 C. Spyderco' s Relevant Common Law Trademarks

17 below as the "Common-Law Trademarks."

18 D. Spyderco's U.S. Design Patents

23 collect damages for past infringement thereof.

24 E. iOffer and its Infringing Conduct

6 Spyderco Matriarch knife has an MSRP of $259.95.

15 reputational damage to Spyderco, its brand and its products.

28 to as the "Counterfeit Knives."

4 “SPYDERCO C41CTS TACTICAL HUNTING FOLDING” knife.

6 Table 1: Comparison of 'D459 Patent with Exemplary Pictures of iOffer Knife

7 35. As shown in these pictures, the “SPYDERCO C41CTS TACTICAL HUNTING

15 Patent in this manner.

7 is a copy of the promotional insert accompanying the “SPYDERCO C41CTS TACTICAL

2 by iOffer, pictured below on the right.

25 iOffer, pictured below on the right.

15 39. The blade of the “SPYDERCO KNIVES TACTICAL FOLDING MULTI

24 Spyderco in Japan or Taiwan and are not authentic.

9 of statutory damages of not less than $1,000,000 or more than $10,000,000.

12 nature of iOffer's infringement entitles Spyderco to an award of treble damages pursuant to 35

15 IV. FIRST CLAIM FOR RELIEF

21 knives bearing Spyderco's MARKS.

23 to at least the origin and quality of the Counterfeit Knives.

26 commercial uses in commerce of the MARKS.

1 47. iOffer’s counterfeiting and infringement of Spyderco's MARKS is exceptional and

3 award of attorneys' fees and costs under 15 U.S.C. § 1117(a).