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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION Michael R.

Adair, an individual, Civil Action No.: Plaintiff, vs. Custom Dock Systems, Inc., a South Carolina corporation, Donald Haynie, an individual, and Does 1-100 Defendants. Patent Infringement Lanham Act Infringement

COMPLAINT

NATURE OF THE ACTION

Plaintiff, Michael R. Adair (Adair), through his undersigned attorney, complains of defendants Custom Dock Systems, Inc. (CDS), Donald Haynie (Haynie), and Does 1-100 (CDS, Haynie, and Does 1-100 are jointly referred to herein as Defendants), as follows: 1. This is an action for damages and injunctive relief arising under the patent

laws of the United States, Title 35, United States Code, including in particular, Sections 271, 281, 284, and 285, resulting from Defendants acts of infringement

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of U.S. Patent No. 7,464,792 entitled AQUATIC LADDER ADAPTED FOR MARINE APPLICATIONS which issued to Adair on December 16, 2008 (the 792 Patent), a true copy of which is annexed as Exhibit 1, and U.S. Patent No. 8,157,054 entitled AQUATIC LADDER ADAPTED FOR MARINE APPLICATIONS which issued to Adair on April 17, 2012 (the 054 Patent), a true copy of which is annexed as Exhibit 2, both of which were duly and properly issued to Adair as the patentee and owner. 2. This is also an action for damages and injunctive relief arising under the

Lanham Act, Title 15, U.S. Code, resulting from acts of infringement and palming off in connection with U.S. Trademark Reg. No. 3,077,531, on the mark AquaStairs (the 531 Registration), which was registered to Adair on April 4, 2006 and which registration now has incontestable status, a true copy of which is annexed as Exhibit 3. PARTIES Plaintiff 3. Adair is an individual residing at 244 Indian Cove Drive, Dawsonville,

Georgia 30534. Defendants 4. CDS is a corporation organized and existing under the laws of the State of

South Carolina having a registered agent at 5032 Highway 24, Anderson, South

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Carolina 29626, as shown in the records of the South Carolina Secretary of State, a copy of which is attached as Exhibit 4. 5. On information and belief, Haynie is a principal in CDS and he directed, and

was instrumental in, the infringement of the 792 Patent and the infringement of the 054 Patent and the Lanham Act violations complained of herein. 6. On information and belief, Haynie has an address of 123 Diamond Point,

Anderson, South Carolina 26625. 7. On information and belief Does 1-100 are customers of CDS, whose names

and addresses are not yet known, who are infringing the 792 Patent and/or the 054 Patent by their continued, unlicensed use of ladders which fall within the scope of at least one claim of the 792 Patent and/or the 054 Patent. JURISDICTION AND VENUE 8. This action arises under the federal Patent Act, 35 U.S.C. 101, et. seq. and

under the Lanham Act, 15 U.S.C. 1051, et. seq. 9. This court has subject matter jurisdiction pursuant to 28 U.S.C. 1331,

1338(a), because this action arises under Acts of Congress relating to patents and trademarks. 10. Venue is properly laid in the Northern District of Georgia pursuant to 28

U.S.C. 1391 and 1400 in that acts of infringement are taking place in this judicial district.

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Statement Of Facts In Common With All Causes Of Action Of Action 11. Plaintiff Adair is the owner of the 792 Patent (Exhibit 1) which was validly

issued to him and which is in force. 12. Plaintiff Adair is also the owner of the 054 Patent (Exhibit 2) which was

validly issued to him and which is in force. 13. Plaintiff Adair is also the owner of the 531 Registration (Exhibit 3) which

was validly issued to him, which is in force, and which has incontestable status. 14. Adair sells marine, boat, and dock ladders made in accordance with the

claims of the 792 Patent (Exhibit 1) and the 054 Patent (Exhibit 2), under the federally registered trademark Aqua-Stairs which is the subject of the 531 Registration. Such ladders are duly and properly marked to show that they are based on Adairs patent and trademark rights, as shown in Exhibit 5. 15. Adair sells his Aqua-Stairs marine, boat, and dock ladders from, inter alia,

his website located at http://aquastairs.com and at boat shows, as shown in Exhibit 6 hereto. 16. Adair has sold many of his Aqua-Stairs marine, boat, and dock ladders in

the area surrounding Atlanta, as that is where he originated his business. 17. The 792 Patent and the 054 Patent each have a statutory presumption of

validity, and the 531 Registration has incontestable status.

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18.

In addition to the foregoing statutory presumption of validity, the 792 Patent

has expressly been upheld in a full trial conducted in this District, to wit, Michael R. Adair v. Advanced Metal Fabrication, Inc., NDGA Case No. 1:10-cv-1749CAP. First Cause of Action (Infringement of the 792 Patent and the 054 Patent by CDS) 19. During the period from about 2008 through 2010 Adair sold his Aqua-

Stairs ladders to CDS, whereby CDS was well aware of Adairs Aqua-Stairs ladders. 20. While CDS was selling Adairs Aqua-Stairs ladders, and thereafter, they

were, and remain, marked as being patented with the 792 Patent shown on them (See, Exhibit 5), whereby CDS is, and has been, on actual notice that the AquaStairs ladders are covered by the 792 Patent. 21. CDS stopped ordering Aqua-Stairs ladders from Adair, with the last such

orders having been in about July 2010. 22. CDS is now selling and offering a Sloped Aluminum 5-Step Ladder on its

web site (See, http://www.customboatdocks.com), as shown in Exhibit 7 hereto, which clearly shows that the CDS Sloped Aluminum 5-Step Ladder is a virtual knock-off of Adairs patented Aqua-Stairs marine, boat, and dock ladder.

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23.

CDS markets its infringing Sloped Aluminum 5-Step Ladder in media

directed to customers in Georgia, as shown by their advertisement in the Hartwell Lake News, a paper with a circulation of about 30,000 by direct mail and other distribution, in which CDS advertises its new Sloped Swim Ladder (See, Exhibit 8). The Hartwell Lake News is distributed in this judicial district. 24. The Sloped Swim Ladder offered for sale by CDS falls within the literal

scope of one or more claims of the 792 Patent and the 054 Patent and it falls within the scope of such patents by the doctrine of equivalents. 25. On information and belief, CDS manufactures the Sloped Swim Ladder

which it offers for sale and sells. 26. By making, offering for sale, and selling the infringing Sloped Swim Ladder,

CDS has been, and continues to, infringe the 792 Patent and the 054 Patent. 27. The aforesaid infringement has been deliberate, willful, intentional, with

actual knowledge of the existence of the 792 Patent, and with blatant disregard to the extremely high likelihood that such actions actually infringed the 792 Patent. 28. The aforesaid infringement has been deliberate, willful, intentional, and with

knowledge and constructive knowledge of the 054 Patent. 29. CDSs infringement of the 792 Patent has damaged Adair in an amount to

be determined at trial.

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30.

CDSs infringement of the 054 Patent has damaged Adair in an amount to

be determined at trial. 31. Adair is entitled to compensatory damages, enhanced damages, and

attorneys fees due to the nature of CDSs infringements and the exceptional nature of CDSs actions. 32. On information and belief, CDSs infringement will continue unless

enjoined. Second Cause of Action (Infringement of the 531 Registration by CDS) 33. The allegations of all of the foregoing paragraphs are hereby repeated as

though fully set out. 34. During at least the period from about 2008 through July 2010, and for some

time thereafter, CDS was no longer ordering and selling Adairs Aqua-Stairs ladders, and was, instead, selling the infringing Sloped Swim Ladder. Nevertheless, the CDS web site (Exhibit 7) continued to include a link to Adairs Aqua-Stairs Swim Ladders web site, http://www.aqua-stairs.com (Exhibit 6), listing Aqua Stairs as a Vendor to CDS, when Adair was not actually a Vendor, while showing three photos of the infringing Sloped Swim Ladder, thereby implying that the infringing Sloped Swim Ladder was a genuine Aqua-Stairs ladder, and palming it off as one of Adairs own patented ladders.

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35.

The foregoing action by CDS was in violation of the Lanham Act in that it

was likely to cause confusion, or to cause mistake, or to deceive as the affiliation, connection, or association of CDS with Adair. 36. The foregoing action by CDS was in violation of the Lanham Act in that it

indicated that the Sloped Swim Ladder which was actually being offered for sale originated, was sponsored by, or was approved by Adair. 37. The foregoing actions by CDS were deliberate, willful, wanton, and with

blatant disregard for Adairs established, incontestable rights. 38. 39. The foregoing acts damaged Adair in an amount to be determined at trial. Adair is entitled to enhanced damages and attorneys fees due to the willful

nature of CDSs actions and infringements. 40. On information and belief the foregoing actions by CDS will continue unless

enjoined. Third Cause of Action (Infringement of the 792 Patent and the 054 Patent by Haynie) 41. The allegations of all of the foregoing paragraphs are hereby repeated as

though fully set out. 42. Upon information and belief Haynie personally directed, and/or actively and

knowingly caused others to do the acts that infringed the 792 Patent and the 054 Patent.

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43.

Haynie is personally liable for inducing the infringement of the 792 Patent

and the 054 Patent by CDS. 44. Adair is entitled to damages, including compensatory and enhanced damages

due to Haynies actions. 45. The actions by Haynie will continue unless enjoined. Fourth Cause of Action (Infringement of the 531 Registration by Haynie) 46. The allegations of all of the foregoing paragraphs are hereby repeated as

though fully set out. 47. Upon information and belief Haynie personally directed, or actively and

knowingly caused others to do the acts that infringed the 531 Registration by CDS and which otherwise violated the Lanham Act. 48. Haynie is personally liable for inducing the infringement of the 531

Registration by CDS. 49. trial. 50. Adair is entitled to compensatory damages, enhanced damages, and Adair was damaged by Haynies actions in an amount to be determined at

attorneys fees based upon Haynies actions. 51. Adair is entitled to damages and injunctive relief against Haynie.

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Fifth Cause of Action (Infringement of the 792 Patent and the 054 Patent by Does 1-100) 52. The allegations of all of the foregoing paragraphs are hereby repeated as

though fully set out. 53. On information and belief, Does 1-100 purchased and use the CDS Sloped

Swim Ladders in violation of at least one claim of the 792 Patent and/or the 054 Patent. 54. 55. 56. Adair has been damaged by the ongoing infringements by Does 1-100. Adair is entitled to damages based on the infringements of Does 1-100. On information and belief, the infringements by Does 1-100 will continue

until they have been enjoined. Sixth Cause of Action (Inducing Infringement of the 792 Patent and the 054 Patent by CDS and Haynie) 57. The allegations of all of the foregoing paragraphs are hereby repeated as

though fully set out. 58. By making, offering for sale, and selling the infringing Sloped Swim

Ladders to Does 1-100, CDS and Haynie induced the infringement of at least one claim of the 792 Patent and/or the 054 Patent by Does 1-100.

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59.

Adair is, and has been, damaged by the infringements of the 792 Patent

and/or the 054 Patent by Does 1-100. 60. On information and belief, the foregoing acts of infringement and inducing

infringement by CDS and Haynie will continue unless enjoined.

PRAYER FOR RELIEF WHEREFORE, plaintiff Adair respectfully requests judgment: (a) That CDS has infringed the 792 Patent and that such infringement was willful; (b) That CDS has infringed the 054 Patent and that such infringement was willful; (c) Awarding Adair damages in an amount to be proven at trial by reason of the infringement of the 792 Patent, the 054 Patent, and the 531 Registration by CDS, Haynie, and Does 1-100; (d) Increasing the damages awarded to Adair by up to three times the amount found to be Adairs actual damages, as authorized by 35 U.S.C. 284; (e) Finding that this is an exceptional case, whereby Adair is entitled to attorneys fees and other expenses of litigation pursuant to 35 U.S.C. 285; (f) Awarding Adair prejudgment interest and costs pursuant to 35 U.S.C. 284;

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(g)

Permanently enjoining Haynie, and Does 1-100, CDS and, its officers,

directors, agents, representatives, and all persons acting in concert with it from infringing the 792 Patent or the 054 Patent; (h) Permanently enjoining Haynie and CDS, its officers, directors, agents, representatives, and all persons acting in concert with it from infringing the 531 Registration; (i) Awarding Adair such other and further relief as this honorable court may deem equitable and proper.

A JURY TRIAL IS DEMANDED. Undersigned certifies compliance with LR 5.1C (Times New Roman, 14 point). Respectfully submitted, Dated: __June 4, 2012__ By:_s/ Sanford J. Asman___________ Sanford J. Asman Georgia Bar No. 026118 Law Office of Sanford J. Asman 570 Vinington Court Atlanta, Georgia 30350 Attorney for Plaintiff Phone : (770) 391-0215 Fax : (770) 668-9144 Email : sandy@asman.com

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Exhibits 1. U.S. Patent No. 7,464,792 entitled AQUATIC LADDER ADAPTED FOR MARINE APPLICATIONS which issued to Michael Ray Adair on December 16, 2008. 2. U.S. Patent No. 8,157,054 entitled AQUATIC LADDER ADAPTED FOR MARINE APPLICATIONS which issued to Adair on April 17, 2012. 3. U.S. Trademark Reg. No. 3,077,531 registered on April 4, 2006 for the mark Aqua-Stairs 4. South Carolina Secretary of State Business Listing for Custom Dock Systems, Inc. 5. 6. 7. 8. Photos of Aqua-Stairs ladders with patent markings Adairs http://aquastairs.com web site. Custom Dock Systems web site at http://www.customboatdocks.com CDSs advertisement in Hartwell Lake News soliciting Georgia customers.

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