Global Archery v. Gwyther - Complaint

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 1 filed 10/13/15 page 1 of 18
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
GLOBAL ARCHERY PRODUCTS, INC. )
)
Plaintiff,
)
)
v.
)
)
JORDAN GWYTHER d/b/a/
)
LARPING.ORG and UPSHOT ARROWS )
)
Defendant.
)
Civil Action No.: _______________

JURY TRIAL DEMANDED
COMPLAINT
Plaintiff Global Archery Products, Inc. (Global), as and for its Complaint against
Defendant Jordan Gwyther d/b/a Larping.org and Upshot Arrows (hereinafter collectively all
referred to as Larping), hereby alleges as follows:
NATURE OF THE ACTION
1.
This is an action under (1) the patent laws of the United States, 35 U.S.C. 1, et
seq., for infringement by Larping of U.S. Patent Nos. 8,449,413 and 8,932,159; (2) the trademark
laws of the United States, 15 U.S.C. 1051, et seq., for trademark infringement, false
advertising and unfair competition; and (3) the common laws for the State of Indiana for tortious
interference with contractual relationships, tortuous interference with business relationships,
criminal mischief, and deception.
PARTIES
2.
Global is a corporation organized and existing under the laws of the State of
Indiana, having its principal place of business at 101 Archery Way, Ashley, IN 46705.
3.
Upon information and belief, Larping is an individual residing in Seattle,
Washington having a business address of 2440 Western Avenue, Seattle, WA 98121.

1
JURISDICTION AND VENUE

4.
This Court has subject matter jurisdiction over Globals claims pursuant to 15
U.S.C. 1121 (actions arising under the Federal Trademark Act); 28 U.S.C. 1331 (federal
question), 28 U.S.C. 1332 (diversity), 28 U.S.C. 1338 (acts of Congress related to trademarks
and pendent claims), and supplemental jurisdiction pursuant to 28 U.S.C. 1367.
5.
This Court has personal jurisdiction over Larping because, inter alia, Larping has
done and continues to do business in the State of Indiana, and upon information and belief,
Larping has committed and continues to commit acts of patent infringement in the State of
Indiana, including offering for sale, selling, making available, and shipping accused products to
customers in Indiana via mail, via its website at www.larping.org and www.upshotarrows.com,
all of which are available to residents in this judicial district. During its investigation into this
matter, Global purchased from Larping products and services accused of infringement herein in
the State of Indiana and within this judicial district. Further, Larping markets, promotes, sells,
and offers for sale the infringing products and has committed the acts of patent infringement,
trademark infringement, false advertising based on false and/or misleading claims, tortious
interference with contractual and business relationships, complained of herein, through sources
such as www.google.com, which is readily available and directed to residents of this judicial
district.
6.
Venue is proper in this district pursuant to 28 U.S.C. 1391 and 1400(b)
because, inter alia, Globals principal place of business is in this judicial district, the trademarks
in suit are assigned to Global, the Patent-in-Suit, as defined below, is assigned to Global, Larping
is subject to personal jurisdiction in this district, and, upon information and belief, Larping has
committed and continue to commit acts of trademark infringement, false advertising, patent
infringement, and tortious interference with business relationships in this district, including
offering for sale and selling the accused products and services by mail and via its website at
www.larping.org and www.upshotarrows.com within this district.
PATENTS-IN-SUIT
7.
On May 28, 2013, the United States Patent and Trademark Office duly and
lawfully issued U.S. Patent No. 8,449,413 (the `413 Patent), entitled Non-Lethal Arrow,
based upon an application filed by inventors Matthew Reed Lennon and John Jackson. A true
and correct copy of the `159 Patent is attached hereto as Exhibit A.
8.
On January 13, 2015, the United States Patent and Trademark Office duly and
lawfully issued U.S. Patent No. 8,932,159 (the `159 Patent), entitled Non-Lethal Arrow,
based upon an application filed by inventors Matthew Reed Lennon and John Jackson. A true
and correct copy of the `159 Patent is attached hereto as Exhibit B.
9.
The `413 and `159 Patents generally relate to a non-lethal arrow that is used in
activities marketed and promoted by Global and its authorized licensees under the ARCHERY
TAG trademark.
10.
By assignment, Global is the owner of the `413 and `159 Patents and has the right
to sue and recover damages for infringement thereof.
TRADEMARKS
11.
Global is the owner of U.S. Trademark Registration No. 4,208,868 for the
ARCHERY TAG trademark for use in connection with non-lethal arrows and archery bows,
and face masks for archery. See Exhibit C
12.
Global is the owner of U.S. Trademark Registration No. 4,208,868 for the
ARCHERY TAG trademark for use in connection with entertainment services, namely,
organizing, planning and conducting archery related events, competitions, games, sessions and
activities. See Exhibit D.
13.
The ARCHERY TAG trademarks were assigned to Global from Deerspace LLC
on October 5, 2015. See Exhibit E.

FACTUAL ALLEGATIONS
10.
Larping is selling and offering for sale in the United States products it refers to as
the Crossbow Bolt, Flat Tip Larp Arrow, Glow in the Dark Larp Arrow, and Round Tip
Larp Arrow (collectively referred to hereinafter as the Larp Arrows). Representative images
of the Larp Arrows are set forth below.
Larping has recently launched a new website in which markets the non-lethal arrows at
www.upshotarrows.com. These arrows, which are depicted below, are also referred to herein as
the Larp Arrows.
11.
Larping is using the ARCHERY TAG trademarks on advertising for the Larp
Arrows. See Exhibit F.

12.
Larping is using the ARCHERY TAG trademarks as paid key words with one
or more search engines such as, by way of example, Google.
13.
Larping is using the ARCHERY TAG trademark on Amazon.com to market and
promote competing sets of ARCHERY TAG equipment.

6
14.
Larping is not authorized or licensed to use the ARCHERY TAG trademarks.
15.
Upon information and belief, on at least one occasion, Larping placed a paid
advertisement on Google in which Larping stated that the Larp Arrows are Better than Archery
Tag!
16.
Upon information and belief, Larping has not conducted any study or other
detailed independent analysis to support such a statement about the Larp Arrows versus Globals
patented arrows.
17.
Upon information and belief, Larping has used Globals website to gather a list of
Globals licensees.
18.
Larping has contacted Globals licensees using contact information Larping
gathered from Globals website and has attempted to persuade Globals licensees to terminate
their license with Global and use the Larp Arrows instead of Globals patented arrows.
COUNT I
INFRINGEMENT OF THE `413 PATENT BY LARPING
19.
Plaintiff incorporates the preceding paragraphs as if fully set forth herein.
20.
Upon information and belief, Larping has infringed one or more claims of the
`413 Patent pursuant to 35 U.S.C. 271(a) by making, using, offering to sell, and/or selling in
the United States, products referred to as the Larp Arrows. Upon information and belief,
Larpings infringement pursuant to 35 U.S.C. 271(a) is ongoing.
21.
Upon information and belief, Larping has committed the foregoing infringing
activities without license from Global.

22.
As a result of Larpings infringement of the `413 Patent, Global has suffered
monetary damages and is entitled to a money judgment in an amount adequate to compensate for
Larpings infringement, but in no event less than a reasonably royalty, together with interest and
costs.
23.
Global has suffered and will continue to suffer harm and damages in the future
unless Larpings infringing activities are enjoined by this Court. As such, Global is entitled to
compensation for any continuing or future infringement up until the date that Larping is finally
and permanently enjoined from further infringement.
COUNT II
INFRINGEMENT OF THE `159 PATENT BY LARPING
24.
25.
Upon information and belief, Larping has infringed one or more claims of the
`159 Patent pursuant to 35 U.S.C. 271(a) by making, using, offering to sell, and/or selling in
the United States, products referred to as the Larp Arrows. Upon information and belief,
Larpings infringement pursuant to 35 U.S.C. 271(a) is ongoing.
26.
Upon information and belief, Larping has committed the foregoing infringing
activities without license from Global.

27.
As a result of Larpings infringement of the `159 Patent, Global has suffered
monetary damages and is entitled to a money judgment in an amount adequate to compensate for
Larpings infringement, but in no event less than a reasonably royalty, together with interest and
costs.
28.
Global has suffered and will continue to suffer harm and damages in the future
unless Larpings infringing activities are enjoined by this Court. As such, Global is entitled to
compensation for any continuing or future infringement up until the date that Larping is finally
and permanently enjoined from further infringement.
COUNT III
INFRINGEMENT OF FEDERAL TRADEMARKS
29.
30.
Global is the owner of U.S. Trademark Registration Nos. 4,208,868 and
4,208,867 for the ARCHERY TAG trademark for use in connection with, as it relates to the
present action, non-lethal arrows. These registrations are now valid, subsisting, uncancelled and
unrevoked.
31.
Continuously since on or about June 4, 2011, Global has used its ARCHERY
TAG trademark in connection with and to identify its non-lethal arrows and to distinguish said
products by, and without limitation, prominently displaying said mark on packaging, advertising,
and promotional materials distributed throughout the United States.
32.
Larping has infringed Globals registered mark in interstate commerce by various
acts, including, without limitation:
a. The selling, offering for sale, promotion and advertising of non-lethal arrows under
the name ARCHERY TAG of a type almost identical, to the type of non-lethal arrows
offered by Global; and
b. The paid placement of advertising using the ARCHERY TAG trademark as key
words for search engines.
33.
Larpings use of the infringing ARCHERY TAG mark in connection with non-
lethal arrows is without permission, license, or authority of Global and said use is likely to cause
confusion, to cause mistake and/or to deceive a consumer in violation of 15 U.S.C. 1114.
34.
Larpings use of the infringing ARCHERY TAG mark in connection with non-
lethal arrows has been made notwithstanding Globals well-known and prior established rights in
the trademark ARCHERY TAG and with notice of Globals federal registration rights under 15
U.S.C. 1072.
35.
Larpings infringing activities have caused and, unless enjoined by this Court,
will continue to cause, irreparable injury and other damage to Globals business, reputation and
good will in its federally registered ARCHERY TAG trademarks. KM has no adequate
remedy at law.
COUNT IV
FALSE DESIGNATION OF ORIGIN / UNFAIR COMPETITION
36.
37.
Larping has used the designation ARCHERY TAG in connection with non-lethal
arrows in interstate commerce in violation of 15 U.S.C. 1125.

38.
Larpings use of the designation ARCHERY TAG is a false designation of origin,
a false or misleading representation of fact which is likely to cause confusion and to cause
mistake, and to deceive as to the affiliation, connection, or association of Larping with Global
10
and as to the origin, sponsorship, or approval of Larpings products and commercial activities by
Global.
39.
Larpings wrongful activities have caused, and unless enjoined by this Court will
continue to cause, irreparable injury and other damage to Globals business, reputation and good
will in its ARCHERY TAG trademark. Global has no adequate remedy at law.
COUNT V
FALSE ADVERTISING
40.
41.
As illustrated below, in Larpings paid advertising on search engines Larping has
made false and/or misleading statements of fact that indicate that Larpings non-lethal arrows are
Better than Archery Tag!
42.
Upon information and belief, Larping has made its false or misleading statements
with knowledge of their falsity and/or misleading character, and/or willfully and with reckless
disregard for their falsity or misleading character in violation of 15 U.S.C. 1125.
43.
Upon information and belief, Larpings statements will confuse and/or deceive a
segment of its intended audience into believing that Larping has a factual basis to assert that the
Larp Arrows are in fact better than the patented ARCHERY TAG non-lethal arrows.
44.
Larpings statements are material as it relates to customers purchasing decisions.
45.
Larping caused and directed its false or misleading statements to enter interstate
commerce.
11
COUNT VI
TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONS
46.
47.
Global has valid and existing contracts with its licensees.
48.
Upon information and belief, Larping knew of these contractual relations as
Larping used Globals website to obtain contact information for its licensees.
49.
Upon information and belief, Larping has contacted Globals licensees and made
false, misleading and/or deceptive statements to Globals licensees to further Larpings own
business opportunities, promote the sale of its products and induce Globals licensees to breach
their contracts with Global.
50.
Such interference was without justification and caused Global damage.
51.
Larpings actions were harmful, willful, wanton and undertaken with a callous
disregard to Globals interests and contractual relationships.

52.
As a result of Larpings tortuous interference with Globals contractual
relationships, Global respectfully requests this Court to enter judgment against Larping in such
an amount to be proven at trial, together with punitive damages, pre-judgment and post-judgment
interest at the highest legal rate, the costs of this action, and all other relief as this Court deems
just and proper.
COUNT VII
TORTIOUS INTERFERENCE WITH BUSINESS RELATIONSHIPS
53.
54.
Global has valid and existing business relationships with its licensees.
55.
Upon information and belief, Larping knew of these business relationships as
Larping used Globals website to obtain contact information for its licensees.
12
56.
Upon information and belief, Larping has contacted Globals licensees and made
false, misleading and/or deceptive statements to Globals licensees to further Larpings own
business opportunities, promote the sale of its products and interfere with Globals business
relationships.
57.
Larpings conduct in interfering with Globals business relationships was illegal
since it utilized actions prohibited by federal statutes and Indiana law.

58.
Larpings actions were harmful, willful, wanton and undertaken with a callous
disregard to Globals interests and business relationships. Punitive damages in this action against
Larping are appropriate to deter such conduct in the future and to serve the public good.
59.
As a result of Larpings tortuous interference with Globals business
relationships, Global respectfully requests this Court to enter judgment against Larping in such
an amount to be proven at trial, together with punitive damages, pre-judgment and post-judgment
interest at the highest legal rate, the costs of this action, and all other relief as this Court deems
just and proper.
COUNT VIII
CRIMINAL MISCHIEF
60.
61.
Pursuant to Indiana Code 35-43-1-2, a person who knowingly or intentionally
causes another to suffer pecuniary loss by deception or impairs the rights of another person
commits criminal mischief.
62.
Upon information and belief, Larping knowingly and intentionally made false,
misleading and/or deceptive statements to Globals licensees with the intent to further Larpings
own business opportunities and promote the sale of its products in the State of Indiana actions
that caused Global to suffer a pecuniary loss.
13
63.
Pursuant to Indiana Code 35-24-3-1, Global is entitled to recover from Larping
three times its actual damages, the costs of this action, reasonable attorneys fees, travel
expenses, direct and indirect expenses incurred by Global related to attending any court
proceedings, and reasonable costs of collection.
64.
As a result of Larpings deceptive conduct, Global respectfully requests this Court
to enter judgment against Larping in such amount as Global proves at trial, plus treble damages,
the costs of this action, reasonable attorneys fees, travel expenses, direct and indirect expenses
incurred by Global related to attending any Court proceedings, reasonable costs of collection,
pre-judgment and post-judgment interest at the highest legal rate, and that the Court grant such
other relief as the Court deems just and proper.
COUNT IX
DECEPTION
65.
66.
Pursuant to Indiana Code 35-43-5-3, a person commits the crime of deception if
the person disseminates to the public an advertisement that the person knows is false, misleading,
or deceptive, with intent to promote the purchase or sale of property or the acceptance of
employment.
67.
Upon information and belief, Larping knowingly and intentionally disseminated
deceptive advertisements in the State of Indiana, or caused, controlled or otherwise directed

deceptive advertisements to be issued in the State of Indiana, with the intent to promote the sale
of property.
68.
Larpings deceptive advertisements have damaged and caused harm to Global.
69.
Pursuant to Indiana Code 35-24-3-1, Global is entitled to recover from Larping
three times its actual damages, the costs of this action, reasonable attorneys fees, travel
14
expenses, direct and indirect expenses incurred by Global related to attending any court
proceedings, and reasonable costs of collection.
70.
As a result of Larpings deceptive conduct, Global respectfully requests this Court
to enter judgment against Larping in such amount as Global proves at trial, plus treble damages,
the costs of this action, reasonable attorneys fees, travel expenses, direct and indirect expenses
incurred by Global related to attending any Court proceedings, reasonable costs of collection,
pre-judgment and post-judgment interest at the highest legal rate, and that the Court grant such
other relief as the Court deems just and proper.
DEMAND FOR JURY TRIAL
71.
Global demands a trial by jury of any and all causes of action.

PRAYER FOR RELIEF
Global respectfully prays for the following relief:

A.
That Larping be adjudged to have infringed the `413 and `159 Patents;
B.
That Larping, its officers, directors, agents, servants, employees, attorneys,
affiliates, divisions, branches, parents, and those persons in active concert or participation with
any of them, be permanently restrained and enjoined from directly and/or indirectly infringing
the `413 and `159 Patents;
C.
An award of damages pursuant to 35 U.S.C. 284 sufficient to compensate
Global for Larpings past infringement and any continuing and/or future infringement up until
the date that Larping is finally and permanently enjoined from further infringement, including
compensatory damages;
D.
An assessment of pre-judgment and post-judgment interests and costs against
Larping, together with an award of such interests and costs, in accordance with 35 U.S.C. 284;
15
E.
That Larping be directed to pay enhanced damages, including Globals attorneys
fees incurred in connection with this lawsuit pursuant to 35 U.S.C. 285;

F.
That Larping be adjudged to have infringed Globals registered ARCHERY
TAG trademark;
G.
That Larping be adjudged to have committed unfair competition by selling and
offering for sale non-lethal arrows using the ARCHERY TAG trademark;
H.
An award of Larpings profits and actual damages suffered by Global as a result
of Larpings acts of infringement, false designation of origin, and unfair competition, together
with interest, and that Globals recovery be trebled, pursuant to Section 35 of the Lanham Act
(15 U.S.C. 1117);
I.
An Order preliminarily and permanently enjoining Larping, and its affiliates and
subsidiaries, and each of their officers, agents, servants, employees, successors, and assigns and
all others in concert and privity with them from using the name ARCHERY TAG or any
confusingly similar version thereof in connection with the offering of non-lethal arrows, from
infringement of U.S. Trademark Registration Nos. 4,208,868 and 4,208,867, from unfairly
competing with Larping, from engaging in unfair and deceptive trade practices and from injuring
Globals business reputation and diluting its trademark rights, pursuant to Section 34 of the
Lanham Act (15 U.S.C. 1116);
J.
An Order directing Larping to file with this Court and serve on Globals
attorneys, thirty (30) days after the date of entry of any injunction, a report in writing and under
oath setting forth in detail the manner and form in which Larping has complied with the
injunction;
16
K.
An award to Global of its attorneys fees, costs and expenses incurred in
prosecuting this action, pursuant to Section 35 of the Lanham Act (15 U.S.C. 1117);
L.
That Larping be adjudged to have committed false advertising in violation of 15
U.S.C. 1125(a);
M.
An Order preliminarily and permanently enjoining Larping, and its affiliates and
subsidiaries, and each of their officers, agents, servants, employees, successors, and assigns and
all others in concert and privity with them from continuing to unfairly compete with Global
through advertisements, letters, promotional materials, articles or oral or written statements
falsely, misleadingly, and deceptively stating that Larpings non-lethal arrows are better than
Globals non-lethal arrows.
N.
An award of monetary damages against Larping for damages caused by Globals
false, misleading, deceptive, and/or tortuous acts;

O.
An award of monetary damages against Larping in the amount of Larpings
profits gleaned from its false, misleading, and or tortuous acts, pursuant to 15 U.S.C. 1117;
P.
An award of treble damages as a judgment against Larping for its willful violation
of the Lanham Act pursuant to 15 U.S.C. 1117;

Q.
An award of Globals costs and attorneys fees pursuant to 15 U.S.C. 1117;
R.
An award of Globals actual damages, treble damages, costs and attorneys fees
pursuant to the Indiana Crime Victims Act, Ind. Code 34-24-3-1 or, in the alternative, punitive
damages pursuant to the Indiana Crime Victims Act, Ind. Code 34-24-3-3; and
S.
That Global be given such other and further relief as this Court may deem just and
proper.
17
Dated: October 13, 2015
s/Dean E. McConnell
Dean E. McConnell, Esq. Atty No. 20254-49
DEAN MCCONNELL IP Law
9795 Crosspoint Blvd., Suite 185
Indianapolis, IN 46256
Phone: (317) 653-2660
Fax: (317) 653-2661
Email: dean@dean-mcconnell.com
18
USDC IN/ND case 1:15-cv-00297-JVB-SLC document 1-1 filed 10/13/15 page 1 of 9

USOO8449413B1
(12) United States Patent
(10) Patent No.:
Jackson et a].
(54)
(45) Date of Patent:
NON-LETHAL ARROW
5,033,446 A
7/1991 Bradt
7/1993 Burnham et a1.
Matthew Reed Lennon, Corunna, IN

(Us)
2311;131:130
538363842 A
6,076,513 A
11/1998 McLeamn
6/2000 Doherty etal.
6,454,623 B1*
(73) Assignee: DeerSpace, LLC, Waterloo, IN (US)
7,601,084 B2
Subject to any disclaimer, the term of this

patent is extended or adjusted under 35
U.S.C. 154(b) by 0 days.

(21)
(22)
ec.
58
\gitgrrlsmeld """"""" " 473/578
(57)
ABSTRACT
F4&3 (%/04
(200601)
Anon-lethal arrow is disclosedthat includes a shaft extending
F423 6/08
(2006 01)
alongalongitudmal ax1s.Anock1s located ona?rst end of the
U 5 Cl
U'Sc '
'
F, 1d
6/2010 Martin
Primary Examiner * John Ricci

(74) Attorney, Agent, or Firm * Krieg DeVault LLP
(51) Int Cl
(52)
Flatau ........................... .. 446/34
* cited by examiner
Appl. No.: 13/311,641

F1 d
D 6 2011
1 e
20063600112233
9/2002
10/2009 Martin
7,731,612 B2
Notice:
May 28, 2013
5,224,464 A
(75) Inventors: John Jackson, Waterloo, IN (US);
(*)
US 8,449,413 B1
""
UISPCO
"""
ee app 10a Ion
(56)
shaft anda?ightis positioned at approximately the ?rst end of

the shaft. A tip connector is included that has a foam tip
473/578 582
tion endis connected withasecond end of the shaft. The foam
"""""""""" "
as ca Ion earc
473/578
connection end anda shaft connection end. The shaft connec
""""""
""""" h. t
e or comp e e seam
Is my
tip connection end includes a plurality of securing ribs

extending circumferentially about the foam tip connection
References Cited
end. The securing ribs taper upwardly toward a back surface

thereby allowing the securing ribs to grip a foam tip con
U.S. PATENT DOCUMENTS
nected with the foam tip connection end. The shaft connec
1,554,653 A
2,377,498 A
1/1925 Poole
1/1944 Jacke
2,531,635 A
8/1948 Manger
3,271,033 A
4,111,424 A
2/1963 Parker
9/1978 Schreiber et a1.
tion end includes an elongate cylindrical portion de?ning a

hollow tube that is sized and con?gured to receive the second
end of the shaft.
9 Claims, 6 Drawing Sheets
Exhibit A
US. Patent
May 28,2013
Sheet 1 0f6
Exhibit A
US 8,449,413 B1
US. Patent
May 28, 2013
Sheet 2 0f 6
Exhibit A
US 8,449,413 B1
US. Patent
May 28, 2013
Sheet 3 0f6
Exhibit A
US 8,449,413 B1
US. Patent
May 28,2013
Sheet 4 on
US 8,449,413 B1
60
[/32
Exhibit A
US. Patent
May 28, 2013
Sheet 5 0f6
US 8,449,413 B1
5
Fig
Exhibit A
US. Patent
May 28, 2013
Sheet 6 0f6
36
Exhibit A
US 8,449,413 B1
US 8,449,413 B1
1
NON-LETHAL ARROW
embodiments require certain adaptations to the embodiments

discussed herein that would be obvious to those skilled in the
art.
FIELD OF THE INVENTION
Referring to FIG. 1, a non-lethal arrow 10 is illustrated that
The present invention relates generally to an arrow and,
includes a shaft 12 extending along a longitudinal axis. A
more particularly, to a non-lethal arrow for use in recreational
nock 14 is connected to a ?rst end 16 of the shaft 12 and a

non-lethal arrowhead assembly 18 is connected to a second
end 20 of the shaft 12. The nock 14 includes a notch 21 that is
utilized to secure a bowstring to the arrow 10. In addition,
near the ?rst end 16 of the shaft 12 is a ?etching or vanes 22
that is attached or connected to the shaft 12. The ?etching 22
is used to aerodynamically stabilize the arrow 10 and may be
activities.
BACKGROUND
Many different types of arrows have been designed over the

years for use in the sport of archery. While most arrows are
made from a plurality of materials such as synthetic polymer,
designed to hunt animals, other arrows have been designed to
feathers, or leather to name a few.
mark animals for identi?cation. Paintball has become a popu
The non-lethal arrowhead assembly 18 includes a tip con

nector 30 and a foam tip 32. As illustrated, the foam tip 32 is
connected to the tip connector 30 and has a generally cylin
lar sporting event in which individuals utilize compressed gas

projectile accelerators to shoot paintballs at other partici
pants. A need exists in the arrow market for a non-lethal arrow
that can be utilized in a sporting event similar to paintball.
drical shape. In the preferred embodiment, the foam tip 32 is

made from a material that is relatively durable, yet soft, so that
20
SUMMARY
One aspect of the present invention discloses a non-lethal

arrow that includes a shaft extending along a longitudinal
axis. A nock is located on a ?rst end of the shaft and a
25
?etching, vanes or feathers is positioned at approximately the

?rst end of the shaft. A tip connector is included that has a
foam tip connection end and a shaft connection end. The shaft
connection end is connected with a second end of the shaft.
The foam tip connection end includes a plurality of securing
30
end 34. In one form, the securing barbs 38 are tapered

upwardly toward a generally ?at back surface 42. This allows
connected with the foam tip connection end. The shaft con
35
plurality of ?ns extending upwardly from the elongate cylin

drical portion. The ?ns taper upwardly from a rear end of the
40
or otherwise becomes damaged. In other forms, the foam tip

32 could be secured to the foam tip connection end 34 by glue
or some other equivalent securing means.
connection end.
As further illustrated in FIG. 2, the tip connector 30 also

includes the shaft connection end 36. In this form, the shaft
BRIEF DESCRIPTION OF THE DRAWINGS
The invention is further elucidated in the following on the

basis of an exemplary embodiment shown in the drawings.
45
FIG. 2 illustrates a tip connector.
3 is another view of the tip connector illustrated in
connection end 36 includes an elongate cylindrical portion

44. The elongate cylindrical portion 44 de?nes a hollow tube
46 that is sized and con?gured to receive the shaft 12 of the
non-lethal arrow 10. In one form, the tip connector 30 is
con?gured to be friction ?t to the shaft 12 of the non-lethal
FIG. 1 illustrates a non-lethal arrow that can be utilized in

a sporting event.
FIG.
FIG. 2.
FIG.
FIG.
FIG.
the foam tip 32 to be gripped by the securing ribs 38 thereby

preventing the foam tip 32 from sliding off of the foam tip
connection end 34. In one form, the foam tip 32 is slid over the
foam tip connection end 34 in a friction ?t manner so that the
foam tip 32 can readily be replaced if it wears out during use
a hollow tube that is sized and con?gured to receive the

second end of the shaft. The shaft connection end includes a
elongate cylindrical portion to an outside edge of the foam tip
upon impact from the non-lethal arrow 1 0. In other forms, the

foam tip 32 can have a spherical or hemispherical shape,
which is illustrated in FIG. 6.
Referring to FIG. 2, a perspective view of an illustrative tip
connector 30 is depicted with the foam tip 32 removed. The
tip connector 30 includes a foam tip connection end 34 and a
shaft connection end 36. The foam tip connection end 34 has
a generally cylindrical shape and includes a plurality of secur
ing barbs 38 protruding outwardly from an outer end 40 of the
foam tip connection end 34. As illustrated, the barbs 38 are
positioned circumferentially about the foam tip connection
ribs extending circumferentially about the foam tip connec

tion end. The securing ribs taper upwardly toward a back
surface thereby allowing the securing ribs to grip a foam tip
nection end includes an elongate cylindrical portion de?ning
players playing the sport of Archery TagTM are not injured
50
arrow 10. However, in other forms, the tip connector 30 may

be secured to the shaft 12 of the non-lethal arrow 10 using
glue or some other suitable securing means. As further illus
trated, extending upwardly from the elongate cylindrical por
4 illustrates a foam tip.

5 illustrates another tip connector.
6 illustrates a hemispherical foam tip.
55
DETAILED DESCRIPTION
For the purposes of promoting an understanding of the

principles of the invention, reference will now be made to the
embodiment illustrated in the drawings, and speci?c lan
end 34 is generally intemally hollow. A horizontal support

60
guage will be used to describe that embodiment. It will nev

ertheless be understood that no limitation of the scope of the
invention is intended. Alterations and modi?cations in the
illustrated device, and further applications of the principles of

the invention as illustrated therein, as would normally occur
to one skilled in the art to which the invention relates are
contemplated, are desired to be protected. Such alternative
tion 44 of the tip connector 30 is a plurality of ?ns 48. The ?ns

48 taper upwardly from a rear end 50 of the elongate cylin
drical portion 44 to an outside edge 52 of the foam tip con
nection end 34. In other forms, the shaft connection end 36 is
formed having a cone shaped con?guration.
Referring to FIG. 3, in one form the foam tip connection
65
member 54 extends across opposing sides 56 of the foam tip

connector end 34. In addition, a vertical support member 58
extends across opposing sides 56 of the foam tip connector
end 34. Referring to FIG. 4, a perspective view of a represen
tative foam tip 32 is illustrated. The foam tip 32 has a gener
ally cylindrical shape and has an aperture 60 on one end of the
foam tip 32. The aperture 60 is sized and con?gured to ?t
around the foam tip connection end 34 of the tip connector 3 0.
Exhibit A
US 8,449,413 B1
4
3
The foam tip 32 is shaped such that no sharp surfaces are
present on the outer surface of the foam tip 32.
Referring to FIG. 5, another representative form of a tip
connector 30 is illustrated. In this form, the foam tip connec
tion end 34 has a smaller diameter than the previous embodi
ment thereby creating a backstop portion or rim 64. As a
result, an end 66 of the foam tip 32 rests against the rim 64
when the foam tip 32 is inserted over the foam tip connection
4. The non-lethal arrow of claim 1, wherein said shaft
connection end includes a plurality of ?ns extending
upwardly from said elongate cylindrical portion.

5. The non-lethal arrow of claim 4, wherein said ?ns taper
upwardly from a rear end of said elongate cylindrical portion

to an outside edge of said foam tip connection end.
6. The non-lethal arrow of claim 4, wherein said foam tip is
hemispherical in shape.
7. A non-lethal arrow, comprising:
end 34. All other features of the tip connector 30 are the same
as previously discussed with the ?rst embodiment.
a shaft;
a nock located on a ?rst end of said shaft;
Although embodiments of the invention have been
a ?ecthing positioned at approximately said ?rst end of
described using speci?c terms, such description is for illus
said shaft;
trative purposes only, and it is to be understood that changes
a tip connector including a foam tip connection end and a
and variations obvious to the skilled artisan are to be consid
ered within the scope of the claims that follow and their
15
equivalents.
securing barbs extending circumferentially about said

foam tip connection end, wherein said securing barbs
taper upwardly toward a back surface thereby allowing
What is claimed is:

a shaft;
a tip connector including a foam tip connection end and a
20
said securing barbs to grip a foam tip connected with

said foam tip connection end, wherein said shaft con
nection end includes an elongate cylindrical portion
de?ning a hollow tube sized and con?gured to receive
25
tion end includes a plurality of ?ns extending upwardly

from said elongate cylindrical portion, and wherein said
shaft connection end, wherein said shaft connection end

is connected with said shaft, wherein said shaft connec
tion end includes an elongate cylindrical portion,

wherein said elongate cylindrical portion de?nes a hol
said second end of said shaft, wherein said shaft connec
low tube sized and con?gured to receive an end of said
shaft; and
a generally cylindrical foam tip connected with said foam
tip connector end.
2. The non-lethal arrow of claim 1, wherein said foam tip
connection end includes a plurality of securing barbs extend
ing circumferentially about said foam tip connection end.

3. The non-lethal arrow of claim 2, wherein said securing
barbs taper upwardly toward a back surface thereby allowing

said securing barbs to grip said foam tip.
shaft connection end, wherein said shaft connection end

is connected with a second end of said shaft, wherein
said foam tip connection end includes a plurality of
?ns taper upwardly from a rear end of said elongate
cylindrical portion to an outside edge of said foam tip

30
connection end.
8. The non-lethal arrow of claim 7, wherein the foam tip is
generally cylindrical in shape.

9. The non-lethal arrow of claim 7, wherein the foam tip is
generally hemispherical in shape.
Exhibit A

USOO8932159B2
(12) Unlted States Patent
(10) Patent N0.:
Lennon et a].
(54)
(45) Date of Patent:
NON-LETHAL ARROW
(71) Applicants:MattheW Reed Lennon, Corunna, IN
2,531,635 A
8/1948 Maager
9/1966 Parker
gellgilber et a1~
5,224,464 A
7/1993 Burnham et a1.
ra
(72) Inventors: Matthew Reed Lennon, Corunna, IN

(Us); John Jackson,WaIer100, IN (Us)
(73) Assignee: Deerspace LLC, Waterloo, IN (US)

Notice:
Subject to any disclaimer, the term of this

patent is extended or adjusted under 35
U_s_c_ 15403) by 105 days_
2221131213011
5,836,842 A
11/1998 McLearan
6,076,513 A
6/2000 Doherty et al.
6,454,623 B1
9/2002 Flatau
7,601,084 B2
10/2009 Martin
7,731,612 B2
8,012,049 B1
2006/0014598 A1
6/2010 Martin
9/2011 Walterscheid
1/2006 Martin
2006/0276277 A1*
(21) Appl. No.: 13/871,537
(22) Filed:
Jan. 13, 2015
3,271,033 A
215;;
'
(US) JOhn Jackson waterloo IN (Us)
(*)
US 8,932,159 B2
12/2006
Montefusco ................ .. 473/586
* Cited by examiner
Apr. 26, 2013
(65)
P '
Prior Publication Data
'
rlmary xamlner
i J hn R~
'
1001
(74) Attorney, Agent, or Firm * McConnell IP Law
US 2014/0323252 A1
(51) Int- ClF423 6/08

(52)
(58)
Oct. 30, 2014
(57)
ABSTRACT
(2006.01)
US. Cl.
Anon-lethal arrow is disclosed that includes a shaft extending
CPC ...................................... .. F423 6/08 (2013.01)

USPC ......................................... .. 473/578; 473/582
alongalongitudinal axis.Anockis located ona?rst end of the

shaft anda?ightispositionedat approximatelythe ?rst endof
Field of Classi?cation Search
the shaft. A tip connector including a shaft connection end,
USPC ........................................ .. 473/578, 582, 585
wherein the shaft connection end is connected With the shaft.
see application ?le for complete searCh hiSIOI'Y-
The shaft connection end de?nes a hollow interior portion
References Cited
sized a con?gured to receive an end of the shaft. A foam tip

surrounds at least a portion of the tip connector. The foam tip
is overmolded over the tip connector.
(56)
U.S. PATENT DOCUMENTS

1,554,653 A
2,377,498 A
1/1925 Poole
1/1944 Jacke
21\
13 Claims, 8 Drawing Sheets

(14 15
Exhibit B
US. Patent
Jan. 13, 2015
Sheet 1 0f8
US 8,932,159 B2
l
Fig.
Exhibit B
US. Patent
Jan. 13, 2015
Sheet 2 0f8
Exhibit B
US 8,932,159 B2
US. Patent
Jan.13,2015
Sheet30f8
Exhibit B
US 8,932,159 B2
US. Patent
Jan. 13, 2015
Sheet 4 0f8
US 8,932,159 B2
Pig
4
Exhibit B
US. Patent
Jan. 13, 2015
Sheet 5 0f8
F30
Exhibit B
US 8,932,159 B2
US. Patent
3b
Jan. 13, 2015
Sheet 6 0f8
3%
Exhibit B
US 8,932,159 B2
US. Patent
Jan. 13, 2015
Sheet 7 0f8
US 8,932,159 B2
100
FIG.7
108
102
Exhibit B
107
US. Patent
Jan. 13, 2015
\IIWI
164
Sheet 8 0f8
11]]
US 8,932,159 B2
\II
1\
[150
F1G.8
162
160
156
152\
Exhibit B
US 8,932,159 B2
1
NON-LETHAL ARROW
embodiment illustrated in the drawings, and speci?c lan

guage will be used to describe that embodiment. It will nev
ertheless be understood that no limitation of the scope of the
CROSS REFERENCE TO RELATED

APPLICATION
invention is intended. Alterations and modi?cations in the
illustrated device, and further applications of the principles of
The present application is a continuation-in-part of and

claims priority to US. patent application Ser. No. 13/31 1,641
the invention as illustrated therein, as would normally occur

to one skilled in the art to which the invention relates are
entitled Non-Lethal Arrow ?led on Dec. 6, 2011.
contemplated, are desired to be protected. Such alternative
embodiments require certain adaptations to the embodiments
FIELD OF THE INVENTION
discussed herein that would be obvious to those skilled in the

The present invention relates generally to an arrow and,
art.
more particularly, to a non-lethal arrow for use in recreational
Referring to FIG. 1, a non-lethal arrow 10 is illustrated that
activities.
includes a shaft 12 extending along a longitudinal axis. A

BACKGROUND
Many different types of arrows have been designed over the

years for use in the sport of archery. While most arrows are
designed to hunt animals, other arrows have been designed to

mark animals for identi?cation. Paintball has become a popu
20
lar sporting event in which individuals utilize compressed gas

projectile accelerators to shoot paintballs at other partici
made from a plurality of materials such as synthetic polymer,
pants. A need exists in the arrow market for a non-lethal arrow

that can be utilized in a sporting event similar to paintball.
feathers, or leather to name a few.

25
SUMMARY
made from a material that is relatively durable, yet soft, so that
players playing the sport of Archery TagTM are not injured
axis. A nock is located on a ?rst end of the shaft and a
?etching, vanes or feathers is positioned at approximately the

?rst end of the shaft. A tip connector is included that has a
foam tip connection end and a shaft connection end. The shaft
connection end is connected with a second end of the shaft.
The foam tip connection end includes a plurality of securing
30
ribs extending circumferentially about the foam tip connec

tion end. The securing ribs taper upwardly toward a back
surface thereby allowing the securing ribs to grip a foam tip
35
connected with the foam tip connection end. The shaft con
nection end includes an elongate cylindrical portion de?ning

40
upon impact from the non-lethal arrow 1 0. In other forms, the

foam tip 32 can have a spherical or hemispherical shape,
which is illustrated in FIG. 6.
Referring to FIG. 2, a perspective view of an illustrative tip
connector 30 is depicted with the foam tip 32 removed. The
tip connector 30 includes a foam tip connection end 34 and a
shaft connection end 36. The foam tip connection end 34 has
a generally cylindrical shape and includes a plurality of secur
ing barbs 38 protruding outwardly from an outer end 40 of the
foam tip connection end 34. As illustrated, the barbs 38 are
positioned circumferentially about the foam tip connection

end 34. In one form, the securing barbs 38 are tapered
upwardly toward a generally ?at back surface 42. This allows
plurality of ?ns extending upwardly from the elongate cylin
the foam tip 32 to be gripped by the securing ribs 38 thereby

preventing the foam tip 32 from sliding off of the foam tip
drical portion. The ?ns taper upwardly from a rear end of the
elongate cylindrical portion to an outside edge of the foam tip

45
connection end.
The non-lethal arrowhead assembly 18 includes a tip con

nector 30 and a foam tip 32. As illustrated, the foam tip 32 is
connected to the tip connector 30 and has a generally cylin
drical shape. In the preferred embodiment, the foam tip 32 is
One aspect of the present invention discloses a non-lethal

arrow that includes a shaft extending along a longitudinal
a hollow tube that is sized and con?gured to receive the

second end of the shaft. The shaft connection end includes a
nock 14 is connected to a ?rst end 16 of the shaft 12 and a

non-lethal arrowhead assembly 18 is connected to a second
end 20 of the shaft 12. The nock 14 includes a notch 21 that is
utilized to secure a bowstring to the arrow 10. In addition,
near the ?rst end 16 of the shaft 12 is a ?etching or vanes 22
that is attached or connected to the shaft 12. The ?etching 22
is used to aerodynamically stabilize the arrow 10 and may be
connection end 34. In one form, the foam tip 32 is slid over the
foam tip connection

end 34 in a friction ?t manner so that the foam tip 32 can
BRIEF DESCRIPTION OF THE DRAWINGS
readily be replaced if it wears out during use or otherwise
The invention is further elucidated in the following on the

basis of an exemplary embodiment shown in the drawings.
becomes damaged. In other forms, the foam tip 32 could be

50
secured to the foam tip connection end 34 by glue or some
55
other equivalent securing means.

As further illustrated in FIG. 2, the tip connector 30 also
includes the shaft connection end 36. In this form, the shaft
connection end 36 includes an elongate cylindrical portion
44. The elongate cylindrical portion 44 de?nes a hollow tube
FIG. 1 illustrates a non-lethal arrow that can be utilized in

a sporting event.
FIG. 2 illustrates a tip connector.
FIG. 3 is another view of the tip connector illustrated in

FIG. 2.
FIG. 4 illustrates a foam tip.
46 that is sized and con?gured to receive the shaft 12 of the

non-lethal arrow 10. In one form, the tip connector 30 is
con?gured to be friction ?t to the shaft 12 of the non-lethal
FIG. 5 illustrates another tip connector.

FIG. 6 illustrates a hemispherical foam tip.
FIG. 7 illustrates a portion of a non-lethal arrow having an
overmolded foam tip.
60
FIG. 8 illustrates a portion of a non-lethal arrow having a
arrow 10. However, in other forms, the tip connector 30 may

be secured to the shaft 12 of the non-lethal arrow 10 using
glue or some other suitable securing means. As further illus
trated, extending upwardly from the elongate cylindrical por
foam tip threaded to a tip connector.

DETAILED DESCRIPTION
65
For the purposes of promoting an understanding of the

principles of the invention, reference will now be made to the
tion 44 of the tip connector 30 is a plurality of ?ns 48. The ?ns

48 taper upwardly from a rear end 50 of the elongate cylin
drical portion 44 to an outside edge 52 of the foam tip con
nection end 34. In other forms, the shaft connection end 36 is
formed having a cone shaped con?guration.
Exhibit B
US 8,932,159 B2
4
connection end 608. Threading the foam tip 616 to the foam
tip connection end 608 allows the foam tip 616 to readily be
Referring to FIG. 3, in one form the foam tip connection
end 34 is generally internally hollow. A horizontal support

member 54 extends across opposing sides 56 of the foam tip
connector end 34. In addition, a vertical support member 58
extends across opposing sides 56 of the foam tip connector
end 34. Referring to FIG. 4, a perspective view of a represen
tative foam tip 32 is illustrated. The foam tip 32 has a gener
ally cylindrical shape and has an aperture 60 on one end of the
foam tip 32. The aperture 60 is sized and con?gured to ?t
around the foam tip connection end 34 of the tip connector 3 0.
The foam tip 32 is shaped such that no sharp surfaces are
present on the outer surface of the foam tip 32.
Referring to FIG. 5, another representative form of a tip
connector 30 is illustrated. In this form, the foam tip connec
tion end 34 has a smaller diameter than the previous embodi
ment thereby creating a backstop portion or rim 64. As a
result, an end 66 of the foam tip 32 rests against the rim 64
when the foam tip 32 is inserted over the foam tip connection
end 34. All other features of the tip connector 30 are the same
as previously discussed with the ?rst embodiment.
Referring to FIG. 7, a portion of another illustrative non
lethal arrow 100 is illustrated in a cross-section view. The
arrow 100 includes a shaft 102 that is connected with a tip
connector 104. The tip connector 104 includes a shaft con
nection end 106 that de?nes a hollow interior portion or tube
107 that is sized and con?gured to receive an end 108 of the
shaft 102. In one form, the hollow tube 107 is sized such that
the end 108 of the shaft 102 is friction ?t into the hollow tube
107. In another form, the end 108 of the shaft 102 is secured
in the hollow tube 107 using an adhesive.
In the illustrated form of the non-lethal arrow 100, a foam
replaced after a period of use. In one form, the shaft connec

tion end 606 has a generally cone shape. In one form, the foam
tip connection end 608 has a generally circular shape.

Although embodiments of the invention have been
described using speci?c terms, such description is for illus
trative purposes only, and it is to be understood that changes
and variations obvious to the skilled artisan are to be consid
ered within the scope of the claims that follow and their
equivalents.
What is claimed is:
a shaft; and
a foam tip assembly connected with an end of said shaft,
wherein said foam tip assembly comprises a tip connec

tor having a foam tip overmolded to at least a portion of
the tip connector such that said foam tip is securely

20
attached to said tip connector.

2. The non-lethal arrow of claim 1, wherein said tip con
nector includes an elongate cylindrical portion de?ning a

hollow interior, wherein said shaft is positioned in said hol
low interior of said elongate cylindrical portion.

25
3. The non-lethal arrow of claim 2, wherein said tip con

nector includes a plurality of ?ns that extend upwardly from
said elongate cylindrical portion.

4. The non-lethal arrow of claim 3, wherein said ?ns taper
upwardly from a rear end of said elongate cylindrical portion

to a front end of said tip connector, wherein said foam tip is
30
overmolded to ?ll areas de?ned between said ?ns and to
surround said front end to thereby secure said foam tip to said
tip 110 surrounds and is connected with the entire tip connec
tor 104. In other forms, the foam tip 110 surrounds and is
tip connector.
secured to at least a portion of the tip connector 104. As such,

the tip connector 104 includes a foam tip connection end 112
to which the foam tip 110 surrounds and is connected with the
tip connector 104. In one form, the foam tip 110 is over
molded to surround the entire tip connector 1 04 or a portion of
the tip connector 104. Overmolding is a process that com
bines two different materials to produce a unique part. In one
has a generally circular shape.

5. The non-lethal arrow of claim 4, wherein said front end

35
overmolded over the entire tip connector.

overmolded around at least a portion of said tip connector.
40
form, the tip connector 104 is formed using a rigid material

such as plastic for example. The foam tip 110 is then molded
overmolded to completely surround said tip connector.

9. The non-lethal arrow of claim 1, wherein said hollow
over the tip connector 104 to create a unitary foam tip assem
interior portion is positioned within an elongate cylindrical

portion of said tip connector, wherein said shaft connection
bly 111. The foam tip 110 is formed using a soft material such
end includes a plurality of ?ns that taper upwardly from a rear
as a polymerbased foam so as not to injure someone who is hit 45 end of said elongate cylindrical portion to a front end of said
by the arrow 100.

The tip connector 104 includes a plurality of ?ns 114 that
extend upwardly from a rear end 116 of the tip connector 104
to a front end 118 of the tip connector 104. The area between
the ?ns 114 is open so that the foam of the foam tip ?lls the
tip connector.
a shaft;
to the tip connector 104. In one form, the front end 118 of the
a tip connector including a shaft connection end, wherein

said shaft connection end is connected with said shaft,
wherein said shaft connection end de?nes a hollow inte
rior portion sized and con?gured to receive an end of
tip connector 104 has a generally circular shape, but other

shapes may be used as well. In the form in which the tip
a foam tip surrounding at least a portion of said tip connec
50
gaps between the ?ns 114 thereby securing the foam tip 110
connector 104 is friction ?t on the shaft 102 of the non-lethal
said shaft; and

55
arrow 100, the unitary foam tip assembly 111 is designed so

that it can be readily replaced if needed.
a shaft;
a tip connector including a shaft connection end and a foam
Referring to FIG. 8, another representative form of a non

lethal arrow 600 is illustrated in a cross-section view. The
arrow 600 includes a shaft 602 that is connected with a tip
connector 604. The tip connector 604 includes a shaft con
nection end 606 and a foam tip connection end 608. The shaft
connection end 606 is connected with the shaft 602. The shaft
connection end 606 de?nes a hollow interior portion sized a
con?gured to receive an end 612 of the shaft 602. The foam tip
connection end 608 includes a threaded portion 614. A foam
tip 616 is secured to the thread portion 614 of the foam tip
tor.
60
tip connection end, wherein said shaft connection end is

connected with said shaft, wherein said shaft connection
end de?nes a hollow interior portion sized and con?g
ured to receive an end of said shaft, wherein said foam
65
tip connection end includes a threaded portion; and

a foam tip secured to said threaded portion of said foam tip
connection end.
12. The non-lethal arrow of claim 11, wherein said shaft
connection end has a generally cone shape.
Exhibit B
US 8,932,159 B2
5
13. The non-lethal arrow of claim 12, wherein said foam tip
connection end has a generally circular shape.
*
Exhibit B
Exhibit C
Exhibit C
Exhibit D
Exhibit D
Exhibit E
Exhibit E
Exhibit E
Exhibit E
JS 44 (Rev. 12/12)
CIVIL COVER SHEET

The JS 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 by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
Global Archery Products, Inc.
Jordan Gwyther d/b/a Larping.org and Upshot Arrows
(b) County of Residence of First Listed Plaintiff
County of Residence of First Listed Defendant
DeKalb County
(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:
(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (If Known)
(c) Attorneys (Firm Name, Address, and Telephone Number)

MCCONNELL IP Law, 9795 Crosspoint Blvd., Suite 185, Indianapolis, IN
46256, (317) 336-2530
II. BASIS OF JURISDICTION (Place an X in One Box Only)

1
U.S. Government
Plaintiff
Federal Question
(U.S. Government Not a Party)
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Defendant
Diversity
(Indicate Citizenship of Parties in Item III)
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only)
PTF
Citizen of This State
1
DEF
1
and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
4
4
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Incorporated and Principal Place

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Slander
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Injury
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440 Other Civil Rights
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Sentence
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Confinement
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of Property 21 USC 881
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2 Removed from
State Court
Remanded from
Appellate Court
4 Reinstated or
Reopened
5 Transferred from
Another District
(specify)
6 Multidistrict
Litigation
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. 271(a); 15 U.S.C. 1114; 15 U.S.C. 1125
VI. CAUSE OF ACTION Brief description of cause:
Patent infringement, trademark infringement, unfair competition / false advertising, and related state law claims
CHECK IF THIS IS A CLASS ACTION

VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE
CHECK YES only if demanded in complaint:

Yes
No
JURY DEMAND:
DEMAND $
DOCKET NUMBER
SIGNATURE OF ATTORNEY OF RECORD
s/Dean E. McConnell
10/13/2015
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
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JS 44 Reverse (Rev. 12/12)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)
(b)
(c)
Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II.
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III.
Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV.
Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V.
Origin. Place an "X" in one of the six boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII.
Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
NorthernDistrict
Districtof
of__________
Indiana
__________
Global Archery Products, Inc.
Plaintiff(s)
v.
Jordan Gwyther d/b/a Larping.org and Upshot Arrows
Defendant(s)
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action No.
SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) Jordan Gwyther d/b/a Larping.org and Upshot Arrows
2440 Western Avenue
Seattle, WA 98121
A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Dean E. McConnell
MCCONNELL IP Law
9795 Crosspoint Blvd., Suite 185
Indianapolis, IN 46256
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)
I personally served the summons on the individual at (place)

on (date)
; or
I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
, and mailed a copy to the individuals last known address; or
I served the summons on (name of individual)
, who is
designated by law to accept service of process on behalf of (name of organization)

on (date)
; or
I returned the summons unexecuted because
; or
Other (specify):
.
My fees are $
for travel and $
for services, for a total of $
0.00
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:
Print
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Global Archery v. Gwyther - Complaint

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USDC IN/ND case 1:15-cv-00297-JVB-SLC document 1 filed 10/13/15 page 1 of 18

IN THE UNITED STATES DISTRICT COURT

Civil Action No.: _______________

Upon information and belief, Larping is an individual residing in Seattle,

Washington having a business address of 2440 Western Avenue, Seattle, WA 98121.

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 1 filed 10/13/15 page 2 of 18

JURISDICTION AND VENUE

Venue is proper in this district pursuant to 28 U.S.C. 1391 and 1400(b)

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 1 filed 10/13/15 page 3 of 18

to sue and recover damages for infringement thereof.

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 1 filed 10/13/15 page 4 of 18

on October 5, 2015. See Exhibit E.

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 1 filed 10/13/15 page 5 of 18

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 1 filed 10/13/15 page 6 of 18

Arrows. See Exhibit F.

or more search engines such as, by way of example, Google.

Larping is using the ARCHERY TAG trademark on Amazon.com to market and

promote competing sets of ARCHERY TAG equipment.

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 1 filed 10/13/15 page 7 of 18

Larping is not authorized or licensed to use the ARCHERY TAG trademarks.

Larping has contacted Globals licensees using contact information Larping

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 1 filed 10/13/15 page 8 of 18

Plaintiff incorporates the preceding paragraphs as if fully set forth herein.

activities without license from Global.

As a result of Larpings infringement of the `413 Patent, Global has suffered

Plaintiff incorporates the preceding paragraphs as if fully set forth herein.

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 1 filed 10/13/15 page 9 of 18

activities without license from Global.

As a result of Larpings infringement of the `159 Patent, Global has suffered

Plaintiff incorporates the preceding paragraphs as if fully set forth herein.

Global is the owner of U.S. Trademark Registration Nos. 4,208,868 and

Larping has infringed Globals registered mark in interstate commerce by various

acts, including, without limitation:

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 1 filed 10/13/15 page 10 of 18

Plaintiff incorporates the preceding paragraphs as if fully set forth herein.

arrows in interstate commerce in violation of 15 U.S.C. 1125.

Larpings use of the designation ARCHERY TAG is a false designation of origin,

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 1 filed 10/13/15 page 11 of 18

Plaintiff incorporates the preceding paragraphs as if fully set forth herein.

As illustrated below, in Larpings paid advertising on search engines Larping has

Larpings statements are material as it relates to customers purchasing decisions.

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 1 filed 10/13/15 page 12 of 18

Plaintiff incorporates the preceding paragraphs as if fully set forth herein.

Global has valid and existing contracts with its licensees.

Upon information and belief, Larping knew of these contractual relations as

Such interference was without justification and caused Global damage.

disregard to Globals interests and contractual relationships.

As a result of Larpings tortuous interference with Globals contractual

Plaintiff incorporates the preceding paragraphs as if fully set forth herein.

Upon information and belief, Larping knew of these business relationships as

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 1 filed 10/13/15 page 13 of 18

Larpings conduct in interfering with Globals business relationships was illegal

since it utilized actions prohibited by federal statutes and Indiana law.

As a result of Larpings tortuous interference with Globals business

Plaintiff incorporates the preceding paragraphs as if fully set forth herein.

Pursuant to Indiana Code 35-43-1-2, a person who knowingly or intentionally

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 1 filed 10/13/15 page 14 of 18

Pursuant to Indiana Code 35-24-3-1, Global is entitled to recover from Larping

As a result of Larpings deceptive conduct, Global respectfully requests this Court

Plaintiff incorporates the preceding paragraphs as if fully set forth herein.

Pursuant to Indiana Code 35-43-5-3, a person commits the crime of deception if

Upon information and belief, Larping knowingly and intentionally disseminated

deceptive advertisements in the State of Indiana, or caused, controlled or otherwise directed

Larpings deceptive advertisements have damaged and caused harm to Global.