UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF KENTUCKY At Louisville Electronically filed CHARLES L.

PELSOR, Plaintiff v. PETORIA, INC. Brecharr Hemmaplardh, Registered Agent 201 Power Street Spindale, NC 28160 and BRECHARR HEMMAPLARDH 201 Power Street Spindale, NC 28160 and EDWARD LOTHER 207 Weston Valley Drive Moore, SC 29369 and SAMUEL RICHARDSON 226 Brown Road Hendersonville, NC 28791 and GREAT AMERICAN WATER BOWL COMPANY, An unincorporated association Samuel Richardson, Chief Executive Officer 201 Power Street Spindale, NC 28160 Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

3:10cv-304-S CIVIL ACTION NO. ____________

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COMPLAINT PARTIES 1. Plaintiff Charles L. Pelsor (Pelsor) is an individual currently residing in Indiana. Defendant Petoria, Inc. is a North Carolina Corporation with a principal office address of 201 Power Street, Spindale, North Carolina, which is doing business in Kentucky. Upon information and belief, Defendant Brecharr Hemmaplardh (Hemmaplardh) is an individual currently residing in North Carolina. Upon information and belief, Defendant Edward Lother (Lother) is an individual currently residing in South Carolina. Upon information and belief, Defendant Samuel Richardson (Richardson) is an individual currently residing in North Carolina. Upon information and belief, Great American Water Bowl Company is a name used by Petoria, Inc., Hemmaplardh, Lother, and Richardson, but is not an incorporated company. The Great American Water Bowl Company of which Hemmaplardh, Lother, and Richardson are affiliated was administratively dissolved by the Kentucky Secretary of State on November 2, 2006. JURISDICTION 8. This action arises under the patent and trademark laws of the United States and more particularly under 35 U.S.C. 271 et seq. and 15 U.S.C. 1051 et seq. The jurisdiction of this Court is based on the provisions of 28 U.S.C.A. 1338(a) and 15 U.S.C. 1121. Venue is appropriate under 28 U.S.C 1400 and 28 U.S.C. 1391. Petoria, Inc. transacts business in this judicial district and elsewhere and has committed acts of infringement in this judicial district and elsewhere by selling and offering for sale the Buddy Bowl and the Lil Buddy Bowl. Brecharr Hemmaplardh, Edward Lother, and Samuel Richardson were officers of a Kentucky corporation called Great American Water Bowl Company from June 24, 1997 through November 2, 2006 when Great American Water Bowl Company was administratively dissolved.

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BACKGROUND 13. Plaintiff is the owner of United States Patent No. 5960740, issued October 5, 1999, for the Buddy Bowl on an application filed in the name of Charles L. Pelsor as inventor. Such patent is attached as Exhibit A. The application which resulted in United States Patent No. 5960740 being issued was a Continuation-in-Part of Serial No. 08/964, 173, filed Nov. 4, 1997, which is now United States Patent No. 5881670. The Buddy Bowl is a spill-proof water bowl for pets. Plaintiff is also the owner of United States Patent No. 6142101, issued November 7, 2000 for the Lil Buddy on an application filed in the name of Charles L. Pelsor as inventor. Such patent is attached as Exhibit B. Plaintiff is the owner of a United States Trademark for Buddy Bowl, registration number 2826882. Plaintiff is also the owner of a trademark for Lil Buddy. On April 22, 2005, Plaintiff signed an Amended and Restated License Agreement granting Great American Water Bowl Co., Inc., a Kentucky corporation then in existence, the right to make, use, and sell the Buddy Bowl and the Lil Buddy, subject to certain exceptions set out in the Amended and Restated License Agreement. The Amended and Restated License Agreement provided that certain royalties should be paid to the Plaintiff by Great American Water Bowl Co., Inc. On November 2, 2006, Great American Water Bowl Co., Inc. was administratively dissolved by the Secretary of State of the Commonwealth of Kentucky. Plaintiff was never paid any royalties under the Amended and Restated License Agreement. Defendants continue to make, use, and sell the products patented under United States Patent Nos. 5960740, 5881670, and 6142101 without a license from Plaintiff and without his permission. Defendants continue to use Plaintiffs trademarks, Buddy Bowl and Lil Buddy without compensation to Plaintiff.

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COUNT I: 25.

PATENT INFRINGEMENT

Plaintiff hereby restates and incorporates by reference paragraphs 1 through 24 of Plaintiffs Complaint as though fully stated herein. On information and belief, Defendants have infringed and are infringing, and are actively inducing others to infringe, on Patent Nos. 5960740, 5881670, and 6142101 by their advertising and sale of the Buddy Bowl and the Lil Buddy. Plaintiff demanded that Defendants stop infringing on said patents by letters dated December 1, 2009 and December 2, 2009. Defendants did not respond to said demand letter. Plaintiff has been damaged by the infringement by Defendants in an amount at present unknown, as Plaintiff has not been informed as to the full extent of such infringement and such extent cannot be ascertained except by discovery and special accounting. Plaintiff is entitled to compensation for use by Defendants of its patented process. Brecharr Hemmaplardh, Edward Lother, and Samuel Richardson knowingly participated in and approved acts of infringement of Plaintiffs patents. Plaintiff is informed and believes, and upon such information and belief alleges that within the past six years, Defendants have been and still are infringing the claims of United States Patent Nos. 5960740, 5881670, and 6142101 in the Western District of Kentucky and elsewhere in the United States without leave or license of Plaintiff an in violation of Plaintiffs rights, and that Defendant will continue to do so unless enjoined by the Court.

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TRADEMARK INFRINGEMENT

Plaintiff hereby restates and incorporates by reference paragraphs 1 through 32 of Plaintiffs Complaint as though fully stated herein. On April 22, 2005, Plaintiff signed an Amended and Restated License Agreement granting Great American Water Bowl Co., Inc., a Kentucky corporation then in existence, the right to use the Buddy Bowl and the Lil Buddy marks in conjunction with the sale of the patented products, subject to certain exceptions set out in the Amended and Restated License Agreement.

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On November 2, 2006, Great American Water Bowl Co., Inc. was administratively dissolved by the Secretary of State of the Commonwealth of Kentucky. Defendants continue to use Buddy Bowl and the Lil Buddy marks in interstate commerce without a license from Plaintiff and without his permission in violation of the Lanham Trademark Act, 15 U.S.C. 1051 et seq. Defendants use of the trademarks Buddy Bowl and Lil Buddy are likely to cause and have caused confusion. Defendants know that they are infringing upon Plaintiffs trademarks, yet continue to do so.

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Wherefore, Plaintiff Charles L. Pelsor requests that he be awarded: 1. Judgment in his favor against Defendants in a sum of money representing its reasonable and entire compensation for the infringing use by or for Defendants of Plaintiff's patented invention, with interest, Judgment in his favor against Defendants in a sum of money representing its reasonable and entire compensation for the infringing use by or for Defendants of Plaintiff's trademarks, with interest, A preliminary injunction pending this action and a final injunction against further infringement of Patent Nos. 5960740, 5881670, and 6142101 and of Plaintiffs trademarks for Buddy Bowl and Lil Buddy by Defendants and those controlled by Defendants, An accounting for the Defendants profits and any other damages adequate to compensate Plaintiff for the infringement of both his patents and his trademarks, such damages to be trebled because of the willful and deliberate character of the infringement, Reasonable attorneys fees and the costs of this action, Punitive damages, An order that Defendants be required to turn over to Plaintiff all Buddy Bowl and Lil Buddy products currently in their possession as well as an inventory of all Buddy Bowl products currently in retail stores or in production, Trial by jury on any and all issues so triable, And for such other relief as this court may deem just and proper.

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Dated: April 30, 2010

s/Van T. Willis_______ s/Valerie K. Brooker___ Kightlinger & Gray, LLP Bonterra Building, Suite 200 3620 Blackiston Blvd New Albany, Indiana 47150 Ph. No. 812-949-2300 Fax No. 812-949-8556 vwillis@k-glaw.com vbrooker@k-glaw.com

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