rtpp HACcETr. CL
)us DtSTRCT COURT
)MIbD_1
)
) JURY DEMAND
)
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COMPLAINT
Hunter's Edge, LLC, for its Complaint for Patent Design Infringement against
Defendants, alleges as follows:
Complaint for Patent Design Infringement PARTIES
1. Plaintiff - Hunter's Edge, LLC, is an Alabama Limited Liability Company,
having its principal place of business at 191 Kelley Road, Bainbridge, Georgia.
2. On information and belief, Defendant, Primos, Inc. is a Delaware Corporation
with its principal place of business at 604 First Street, Flora, Mississippi 39071.
3. On information and belief, Defendants are engaged in the design, manufacture,
sale within the United States, offering for sale in the United States, use within the
United States, importation into the United States, and/or sale after importation
into the United States, of turkey decoys. On information and belief, Defendants
market and sell these various devices worldwide through various channel business
partners and various retailers, including through retail stores and company
websites.
4.
This is an action for patent design infringement arising under the patent laws of
the United States, Title 35, United States Code. This Court has subject matter
jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a) On information and
belief, Defendants are subject to personal jurisdiction in the Middle District of
Alabama consistent with the principles of due process, offer their products for
sale in this District, have transacted business in this District, have committed
and/or induced acts of patent infringement in this District, and/or have placed
infringing products into the stream of commerce through established distribution
channels with the exception that such products will be purchased by residents of
this District. Venue is proper in this District pursuant to 28 U.S.C. 1391(b),
1391(c) 1391(d) and 1400(b).
COUNT I
INFRINGEMENT OF U.S. DESIGN PATENT D560,7-45
6. Hunter's Edge, LLC realleges and incorporates by reference the allegations set
forth in paragraph's 1 - 5. Hunter's Edge, LLC is the owner of all right, title and
interest in the '745 patent entitled "Turkey Front Feather and Head Fan Decoy"
duly and properly issued by the U.S. Patent and Trademark Office on January 29,
2008. A copy of the '745 patent is attached as Exhibit A. Defendants have been
and /or are directly infringing and/or inducing infringement Of and/or
contributarily infringing the '745 patent by, among other things, making, using,
offering to sell or selling in the United States, or importing into the United States,
products and/or at least items that utilize the design of the '745 patent including,
by way of example and not limitation, the turkey front feather and tail feather fan
mechanism.
COUNT II
INFRINGEMENT OF U.S. DESIGN. PATENT D560,746
7. Hunter's Edge, LLC realleges and incorporates by reference the allegations set
forth in paragraphs 1 - 6. Hunter's Edge, LLC is the owner of all right, title and
interest in the '746 patent entitled "Turkey Feather Fan Decoy" duly and properly
issued by the U.S. Patent and Trademark Office on January 29, 2008. A copy of
the '746 patent is attached as Exhibit B. Defendants have been and/or are directly
infringing and/or inducing infringement of and/or contrthutarily infringing the
1 746 patent by, among other things, making, using, offering to sell or selling in
the United States, or importing into the United States, products and/or at least
items that utilize the design of the '746 patent including, by way of Example and
not limitation, the turkey front feather and tail feather decoy mechanism.
DEMAND FOR JURY TRIAL
Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Hunter's Edge,
LLC respectfully requests a trial by jury of all issues properly triable by jury.
,2014.
/o-
Q\OJ\OA
DEBRA H. BUCHANAN(HEN079)
Attorney for Plaintiff
P.O. Box 2
Dothan, AL 36302
(334) 699-6688
SERVE:
Wilbur R Primos, Registered Agent
PRIMOS, INC..
604 First Street
Flora, MS 39071
EXHIBIT
US00D560745S
(12) United
Bulger
(**) Temi:
(22) Filed:
(56)
44,237 A
D3,503 S
D8,364 S
39540 A
474,919 A
747,996 A
854,359 A
902,633 A
1,630,397 A
1,667,606 A
2,334,298 A
2,441,753 A
2,581,643 A
3,800,457 A
4,59099 A
4,611,421 A
US D560,745 S
(10) Patent No.:
(45) Date of Patent: ** Jan. 29, 2008
4,885,861 A
4,893,428 A
4,928,418 A
5,172,506 A
D365,136 S
D365,440 S
5,515,637 A
D373,015 S
D398,697 S
D437,382 S
6,216,382 BI
6,442,884 El
6,481,147 B2
6,519,891 B2
6,634,133 Ri
7,028,428 BI
2006/0053675 Al
2006/0143970 Al
* cited by examiner
(57)
CLAIM
DESCRIPTION
FIG. 1 is a front perspective view of a turkey feather and
head fan decoy, showing my new design; and,
FIG. 2 is a front view thereof.
The broken line showing of environment in the drawings is
included for the purpose of illustrating only and tbrms no
part of the claimed design.
1 Claim, 2 Drawing Sheets
U.S. Patent
Sheet 1 of 2
Us D560,745 S
EXHIBIT
i1
1
(12)
Bulger
(54) TURKEY FEATHER FAN DECOY
(75) Inventor
14 Years
() Term:
Feb. 6, 2007
(22) FiledL
A
D3,503 S
D8,364 S
395,340 A
474,919 A
747,996 A
854,359 A
902,633 A
1,630,397 A
1,667,606 A
2,334,298 A
2,441,753 A
2,581,643 A
3,800,457 A
4,590,699 A
4,611,421
4,885,861 A
US D560,746 S
of Patent: ** Jan. 29, 2008
4,893,428 A
4,928,418 A
5,172,506 A
D365,136 S
D365,440 S
5,515,637 A
D373,015 S
D398,697 S
D437,382 S
6,216,382 BI
6,442,884 131
6,481,147 B2
6,519,891 B2
6,634,133 131
7,028,428 131
2006/0053675 Al
200610143970 Al
* cited by examiner
Primary ExaminerCatherine R. Oliver
(74) Attorney Agent, or FirmClark & Brody
References Cited
(56)
44,237
US00D560746S
(57)
CLAIM
DESCRIPTION
FIG. 1 is a front perspective view of a turkey feather fan
decoy, showing my new design;
FIG. 2 is a front view thereof, and,
FIG. 3 is a rear view thereof.
The broken line thawing of environment in the drawings is
included for the purpose of iiustrating only and forms no
part of the claimed design.
-
U.S. Patent
Sheet 1 of 3
Us D560,746 S
U.S. Patent
Sheet 2 of 3
Us D560,746 S
--a
U.S. Patent
Jan-29,2008
Sheet 3 of 3
Us D560,746 S