Case 2:13-cv-02042-APG-NJK Document 2 Filed 11/06/13 Page 1 of 28

1 MICHAEL J. McCUE (NV Bar No. 6055) MMcCue@LRRLaw.com 2 JONATHAN W. FOUNTAIN (NV Bar No. 10351) JFountain@LRRLaw.com 3 MENG ZHONG (NV Bar No. 12145) MZhong@LRRLaw.com 4 LEWIS ROCA ROTHGERBER LLP 3993 Howard Hughes Parkway, Suite 600 5 Las Vegas, Nevada 89169 Tel: (702) 949-8200 6 Fax: (702) 949-8398 7 Attorneys for Plaintiff SATA GmbH & Co. KG 8 9 10 11 SATA GmbH & Co. KG, a German corporation, 12 Plaintiff, 13 v. 14 Wenzhou T&E Industrial Co., Ltd., a foreign 15 business organization, CMI Continental Marketing International Co., Ltd., a foreign 16 business organization, and Kuani Gear Co. Ltd., a foreign business organization, 17 Defendants. 18 19 Plaintiff SATA GmbH & Co. KG (SATA) hereby states its complaint against FIRST AMENDED COMPLAINT UNITED STATES DISTRICT COURT DISTRICT OF NEVADA Case No. 2:13-cv-02042

20 Defendants Wenzhou T&E Industrial Co., Ltd. (WENZHOU), CMI Continental Marketing 21 International Co., Ltd. (CMI), and Kuani Gear Co. Ltd. (KUANI) as follows: 22 23 INTRODUCTION SATA is a world leader in the production of paint spray guns, airbrushes, and workplace The Automobile Aftermarket

24 safety and security equipment, and other related products.

25 Products Expo (the AAPEX) trade show is currently underway at the Sands Expo Convention 26 Center in Las Vegas, Nevada. The show began on Tuesday, November 5, 2013, and runs 27 through Thursday, November 7, 2013.
Lewis Roca Rothgerber LLP 3993 Howard Hughes Parkway Suite 600 Las Vegas, Nevada 89169

The Defendants are Chinese and/or Taiwanese

28 companies presently attending and presently offering goods for sale at the AAPEX trade show.

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1 The Defendants are each unlawfully displaying and offering for sale counterfeit paint spray guns 2 and counterfeit paint spray gun reservoirs that infringe upon SATAs U.S. trademarks and U.S. 3 design patents. Although the Defendants are presently within this judicial district, when the 4 AAPEX trade show ends, the Defendants will leave the United States and return to China and/or 5 Taiwan. Accordingly, in this action, SATA seeks an ex parte, emergency temporary restraining 6 and seizure order, as well as preliminary and permanent injunctive relief and money damages 7 (including, but not limited to, statutory damages), attorneys fees, interest, and costs. 8 9 1. JURISDICTION AND VENUE This is an action for statutory trademark counterfeiting, trademark infringement,

10 false designation of origin, and unfair competition in violation of the Lanham Act, 15 U.S.C. 11 1051, et seq.; for common law trademark infringement and unfair competition; and for patent 12 infringement in violation of 35 U.S.C. 1, et seq. 13 2. This Court has subject matter jurisdiction over this action pursuant to 15 U.S.C.

14 1119 and 1121, and pursuant to 28 U.S.C. 1331, 1338, and 1367, because this action 15 presents questions arising under the trademark and patent laws of the United States to which 16 Congress has granted exclusive subject matter jurisdiction to the federal courts. This Court has 17 supplemental jurisdiction over Plaintiffs common law claims. 18 3. This Court has personal jurisdiction over WENZHOU based upon WENZHOUs

19 infringing acts of advertising, displaying, and offering paint spray guns, paint spray gun 20 reservoirs, and related products for sale in Las Vegas, Nevada at the AAPEX trade show. 21 4. This Court has personal jurisdiction over CMI based upon CMIs infringing acts

22 of advertising, displaying, and offering paint spray guns and related products for sale in Las 23 Vegas, Nevada at the AAPEX trade show. 24 5. This Court has personal jurisdiction over KUANI based upon KUANIs

25 infringing acts of advertising, displaying, and offering paint spray guns and related products for 26 sale in Las Vegas, Nevada at the AAPEX trade show. 27
Lewis Roca Rothgerber LLP 3993 Howard Hughes Parkway Suite 600 Las Vegas, Nevada 89169

6.

Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b), (c), (d),

28 and 1400(b) because Defendants do business in Nevada, have committed acts of infringement in -2-

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1 Nevada, and are subject to personal jurisdiction in Nevada. 2 3 7. THE PARTIES SATA is a German corporation established in 1907 and organized under the laws

4 of Germany. 5 8. Upon information and belief, Defendant WENZHOU is a foreign business

6 organization whose principal place of business is located in Wenzhou, China. 7 9. Upon information and belief, Defendant CMI is a foreign business organization

8 whose principal place of business is located in Taipei, Taiwan. 9 10. Upon information and belief, Defendant KUANI is a foreign business

10 organization whose principal place of business is located in Taichung, Taiwan. 11 12 13 14 11. 12. GENERAL ALLEGATIONS Background on SATA SATA is a German corporation established in 1907 under the laws of Germany. SATA is a leading manufacturer of paint spray guns, paint spray gun reservoirs,

15 and related equipment principally used to paint automobiles. 16 13. SATAs products are designed and manufactured in Germany and are sold to

17 distributors worldwide. 18 14. Over the past century, SATA has been a leader in the production of paint spray

19 guns, paint spray gun reservoirs, and related equipment. SATAs paint spray guns are highly 20 valued, well known for their quality, performance, and durability, and are used by car repair 21 businesses, automobile manufacturers, and hobbyists worldwide. 22 15. SATA offers a wide variety of paint spray guns, including HVLP (high volume,

23 low pressure), RP (reduced pressure) and paint spray guns for automatic painting systems (e.g., 24 robots). 25 16. SATAs strong reputation and goodwill in the industry is further bolstered by its

26 strong commitment to aiding users of SATA products through free online services, such as tips 27 for painting, a forum for discussion, useful measurement calculators, video tutorials, and even an 28 encyclopedia of terms.
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1 2 17.

SATAs Trademark Rights SATA owns forty-two (42) United States trademark registrations for a variety of

3 trademarks used in connection with SATAs products (hereinafter the SATA Marks). The 4 trademarks at issue in this case are: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 18. U.S. Trademark Registration No. 3,072,417, a design mark for a band of red color extending around the circumference of a paint reservoir for a paint spray gun, the band of red color extends around the circumference of the paint reservoir directly under the screw cap and has a width of approximately 5-20 mm, covering PAINT SPRAY GUNS AND PARTS THEREOF; U.S. Trademark Registration No. 2,770,801, a design mark for a green band of color extended around the circumference of a paint spray gun air cap ring, the green band being narrower than the air cap ring, covering paint spray guns; U.S. Trademark Registration No. 2,774,593, a design mark for a blue band of color extended around the circumference of a paint spray gun air cap ring, the blue band being narrower than the air cap ring, covering paint spray guns; and U.S. Trademark Registration No. 2,793,583, a design mark for a band of [any] color extended around the circumference of a paint spray gun air cap ring, the color band being narrower than the air cap ring and of a color that contrasts with the air cap ring, covering paint spray guns. SATAs Patent Rights In addition to its federal trademark registrations, SATA also possesses substantial

24 patent rights including, without limitation, fourteen patents (both utility and design) registered 25 with the United States Patent and Trademark Office (hereinafter the SATA Patents). In this 26 case, only design patents are at issue. 27
Lewis Roca Rothgerber LLP 3993 Howard Hughes Parkway Suite 600 Las Vegas, Nevada 89169

19.

The design patents at issue are: USD 459,432 S1 and USD 459,433 S1, and are

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Lewis Roca Rothgerber LLP 3993 Howard Hughes Parkway Suite 600 Las Vegas, Nevada 89169

USD 459,432 S1:

Claim: The ornamental design for a spray gun head ring, as shown and described.

Relevant Description: Those portions of the structures shown in the drawings in form of broken lines represent parts of the gun other than the spray head ring. The specific shape of these parts do not limit the present design. Diagonal hatching in the figures represents any shade of green coloration. Open areas adjacent the diagonal hatching signify surface finish(es) that is/are colored or uncolored, including metallic finish, such as chrome, nickel or any other silvery, metallic finish . . . . USD 459,433 S1:

Claim: The ornamental design for a spray gun head ring, as shown and described.

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1 2 3 4 5 6 7 8 9 10 11 20.

Relevant Description: Those portions of the structures shown in the drawings in form of broken lines represent parts of the gun other than the spray head ring. The specific shape of these parts do not limit the present design. Solid black shading represents color contrast in the sense that the area(s) so shaded, which may be of any color, for example red, blue or black, is/are in color contrast with adjacent areas of the design. Open areas adjacent the solid black shading signify surface finish(es) that is/are colored or uncolored, including metallic finish, such as chrome, nickel or any other silvery, metallic finish . . . . The 2013 AAPEX Trade Show/Discovery of Infringement The AAPEX trade show is one of the largest annual trade shows canvassing the

12 $477 billion automotive aftermarket industry. Manufacturers and suppliers who attend AAPEX 13 represent everything from air conditioning to computer systems, to paint and body. Exhibitors at 14 AAPEX generate business (i.e., buy and sell products) and develop and maintain business 15 relationships with key customers and suppliers. 16 21. AAPEX is currently being held between Tuesday, November 5, 2013, and

17 Thursday, November 7, 2013, at the Las Vegas Sands Expo Center in Las Vegas, Nevada, and 18 features approximately 2,400 exhibitors and 5,000 exhibitor booths. 19 20 22. 23. On November 5, 2013, SATA representatives attended the AAPEX trade show. While at the show, SATA representatives visited several exhibitor booths, and

21 observed three companies unlawfully displaying and offering for sale paint spray guns and paint 22 spray gun reservoirs that infringe upon SATAs federally registered trademarks and its design 23 patents. Those companies are: (a) Wenzhou; (b) CMI; and (c) Kuani. 24 24. One of SATAs major business challenges and a significant threat to its market is

25 the manufacture and sale of infringing products from China and Taiwan. 26 25. Each of the Defendants appear to be a foreign company, none of which appear to

27 have a known or regular presence in the United States. Once AAPEX is over (this Thursday), 28 the Defendants will leave the United States, presumably with orders for products that infringe
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1 SATAs trademarks and design patents, and will continue to sell infringing products from their 2 business locations in China and Taiwan. 3 4 26. Background on WENZHOU Upon information and belief, WENZHOUs principal place of business is located

5 at No. 101, WuRen Road, Wuniu Town, Yong jia, Wenzhou, Zhejiang, China. 6 27. Upon information and belief, WENZHOU is engaged in the research,

7 development, manufacturing and marketing of paint spray guns, mini air compressors, and 8 related air-powered tools. 9 10 28. 29. WENZHOU maintains a website located at http://www.teautotools.com/. Upon information and belief, WENZHOU sells products to customers located in

11 Europe, North America, the Middle East, South Africa and East Asia. 12 13 30. WENZHOUs Presence at AAPEX WENZHOU is currently advertising, displaying, and offering for sale paint spray

14 guns, paint spray gun reservoirs, and related products AAPEX Booth No. 7307. 15 31. The booth is staffed by several persons, including, a person whom SATA was

16 lead to believe was Mr. Tony Cheng. 17 32. When SATAs representatives visited the WENZHOU booth, they were provided

18 with a business card, which lists an address for WENZHOU in China. 19 33. SATA took photographs of the products that are on display in and that are being

20 offered for sale from the booth. 21 34. SATA officials also obtained a copy of a brochure that WENZHOU is distributing

22 to the buyers and others who visit the booth. 23 35. The brochure has several pages, is printed in color, and identifies WENZHOUs

24 products by name, picture, and product number. 25 36. Through these efforts, SATA discovered that WENZHOU is advertising,

26 displaying and offering for sale products that infringe upon SATAs U.S. trademark and U.S. 27 design patent rights. 28
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37.

At its booth, WENZHOU is displaying and offering to sell paint spray guns -7-

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1 having a band of red color extending around the circumference of the paint reservoir, infringing 2 SATAs U.S. Trademark Registration No. 3,072,417, which, as set forth above, covers paint 3 spray guns having a band of red color extending around the circumference of [the] paint 4 reservoir. 5 38. At its booth, WENZHOU is distributing a printed product brochure that contains

6 images of paint spray gun reservoirs being offered for sale (separate and apart from paint spray 7 guns) that have a band of red color extending around the circumference of the reservoir, 8 infringing SATAs U.S. Trademark Registration No. 3,072,417 (red band). The infringing paint 9 spray gun reservoirs are identified in the brochure as WENZHOU product Nos. WD-600GPM 10 and WD-600GPQ. 11 39. At its booth, WENZHOU is displaying and offering to sell paint spray guns

12 having a green band of color extending around the circumference of the air cap ring and/or head 13 ring, infringing the following SATA trademarks and design patents: 14 15 16 17 18 40. a. U.S. Trademark Registration No. 2,770,801 (green air cap ring); b. U.S. Trademark Registration No. 2,793,583 (contrasting color air cap ring); c. SATAs design patent USD 459,432 S1 (green spray gun head ring); and d. SATA design patent USD 459,433 S1 (contrasting color spray gun head ring). At its booth, on the inside wall, WENZHOU is displaying a large picture of an

19 infringing spray gun having a green air cap ring and/or head ring, infringing the following 20 SATA trademarks and design patents: 21 22 23 24 25 41. a. U.S. Trademark Registration No. 2,770,801 (green air cap ring), b. U.S. Trademark Registration No. 2,793,583 (contrasting color air cap ring), c. SATAs design patents USD 459,432 S1 (green spray gun head ring), and d. USD 459,433 S1 (contrasting color spray gun head ring), set forth above. Listed in the product brochure WENZHOU is distributing from its booth are paint

26 spray guns being offered for sale that have green air cap rings and/or head rings, infringing the 27 following SATA trademarks and design patents: 28
Lewis Roca Rothgerber LLP 3993 Howard Hughes Parkway Suite 600 Las Vegas, Nevada 89169

a. U.S. Trademark Registration No. 2,770,801 (green air cap ring), -8-

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1 2 3 4 42.

b. U.S. Trademark Registration No. 2,793,583 (contrasting color air cap ring), c. SATAs design patents USD 459,432 S1 (green spray gun head ring), and d. USD 459,433 S1 (contrasting color spray gun head ring), set forth above. At its booth, WENZHOU is displaying and offering to sell paint spray guns

5 having a blue band of color extending around the circumference of the air cap ring and/or head 6 ring, infringing the following SATA trademarks and design patents: 7 8 9 10 11 12 43. a. U.S. Trademark Registration No. 2,774,593 (blue air cap ring); b. U.S. Trademark Registration No. 2,793,583 (contrasting color air cap ring); and c. SATAs design patent USD 459,433 S1 (contrasting color spray gun head ring). At its booth, on the inside wall, WENZHOU is displaying a large picture of an

13 infringing spray gun having a blue air cap ring and/or head ring, infringing the following SATA 14 trademarks and design patents: 15 16 17 18 19 20 44. a. U.S. Trademark Registration No. 2,774,593 (blue air cap ring); b. U.S. Trademark Registration No. 2,793,583 (contrasting color air cap ring); and c. SATAs design patent USD 459,433 S1 (contrasting color spray gun head ring). Listed in the product brochure WENZHOU is distributing from its booth are two

21 paint spray guns being offered for sale that have blue air cap rings and/or head rings. These are 22 identified as WENZHOUs products TE 3000G and TE 3000S. These products infringe the 23 following SATA trademarks and design patents: 24 25 26 27 28
Lewis Roca Rothgerber LLP 3993 Howard Hughes Parkway Suite 600 Las Vegas, Nevada 89169

a. U.S. Trademark Registration No. 2,774,593 (blue air cap ring); b. U.S. Trademark Registration No. 2,793,583 (contrasting color air cap ring); and c. SATAs design patent USD 459,433 S1 (contrasting color spray gun head ring). -9-

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45.

Collectively, the items identified from paragraphs 37-44 above will be referred to

2 as the WENZHOU Infringing Products. 3 4 46. Background on CMI Upon information and belief, CMI has its principal place of business located at

5 No. 313, Chun-Fu 11th Rd., Beitun District, Taichung, Taiwan. CMI maintains a website at 6 http://www.cmi-mkt.com/cmi-home.php. 7 47. Upon information and belief, CMI sells hand tools, hardware, pneumatic tools and

8 motor vehicle repair tools. 9 48. Upon information and belief, CMI sells its products to the United States.

10 http://www.aapexshow.com/myaapex/Public/Booth.aspx?BoothID=173117&FromPage=nz_AL 11 ExhibitorSearch.aspx&IndexInList=0. 12 13 49. CMIs Presence at AAPEX CMI is currently advertising, displaying, and offering for sale paint spray guns

14 and related products at AAPEX Booth No. 8412. 15 50. The booth is staffed by Shirley Chen and Sherry Tung. Their business cards list

16 an address for CMI in Taiwan. 17 51. Inside the CMI booth, CMI is displaying and offering for sale paint spray guns

18 having a blue air cap ring and/or head ring. SATA representatives took photographs of the 19 infringing spray gun (hereafter, the CMI Infringing Product). 20 52. CMIs spray gun infringes SATAs U.S. Trademark Registration No. 2,774,593

21 (blue air cap ring). 22 53. CMIs spray gun infringes SATAs U.S. Trademark Registration No. 2,793,583

23 (contrasting color air cap ring). 24 54. Additionally, CMIs spray gun infringes SATAs United States Design Patent No.

25 USD 459,433 S1 (contrasting color spray gun head ring). 26 55. Collectively, the item identified in paragraph 51 above will be referred to as the

27 CMI Infringing Product. 28 ///

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1 2 56.

Background on KUANI Upon information and belief, KUANI has its principal place of business located at

3 11FL-6, NO.891-43 Chung Cheng Rd., Hsin Chuang City, Taipei, Taiwan. KUANI maintains a 4 website at http://www.kuani.com/about.php. 5 6 57. 58. KUANI is a manufacturer and exporter of professional tools. Based on information and belief, KUANIs markets most of its products (40%), to

7 North America. http://www.kuani.com/swf/main.html. 8 9 59. KUANIs Presence at AAPEX KUANI is currently advertising, displaying, and offering for sale paint spray guns

10 and related products at AAPEX Booth No. 1468. 11 60. The KUANI booth was staffed by several persons, including Lee and Rainie

12 Chan. Lee appears to be the sales manager. His business card lists an address for Kuani in 13 Taiwan. 14 61. Inside the KUANI booth, Kuani is displaying and offering for sale two paint spray

15 guns each having a blue air cap ring and/or head ring. A brochure from the booth identifies the 16 spray guns. While only two spray guns having a blue air cap ring and/or head ring were on 17 display, the brochure identifies three spray guns having model numbers: HVLP: KI-7112-V, 18 LVMP: KI-7112-R, and HP (High Pressure): KI-7112-H. 19 62. KUANIs spray guns infringe SATAs U.S. Trademark Registration No.

20 2,774,593 (blue air cap ring). 21 63. KUANIs spray guns infringe SATAs U.S. Trademark Registration No.

22 2,793,583 (contrasting color air cap ring). 23 64. KUANIs spray guns infringe SATAs United States Design Patent No. USD

24 459,433 S1 (contrasting color spray gun head ring). 25 65. Collectively, the items identified in paragraph 61 above will be referred to as the

26 KUANI Infringing Products. 27 /// 28 ///

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1 2

Count I - Trademark Counterfeiting - 15 U.S.C. 1114 (Against WENZHOU) 66. SATA hereby realleges and incorporates by reference each and every allegation

3 set forth in the preceding paragraphs. 4 67. WENZHOU has used spurious designations that are identical with, or

5 substantially indistinguishable from, the SATA Marks on goods covered by SATAs federal 6 trademark registrations. 7 68. WENZHOU has intentionally used these spurious designations, knowing they

8 are counterfeit, in connection with the advertisement, promotion, sale, offering for sale and 9 distribution of goods including, without limitation, at the AAPEX trade show. 10 69. WENZHOUs use of the SATA Marks to advertise, promote, offer for sale,

11 distribute and sell the WENZHOU Infringing Products bearing infringing trademarks was at all 12 times and is currently without SATAs authorization, license, or consent. 13 70. WENZHOUs unauthorized use of the SATA Marks on and in connection with

14 WENZHOUs advertisement, promotion, sale, offering for sale, and distribution of the 15 WENZHOU Infringing Products at the AAPEX tradeshow constitutes a use of the SATA 16 Marks in commerce. 17 71. WENZHOUs unauthorized use of the SATA Marks is likely to: (a) cause

18 confusion, mistake and deception; (b) cause the public to believe that the WENZHOUs 19 Infringing Products are the same as SATAs products and/or that the WENZHOU Infringing 20 Products are authorized by, sponsored by, or approved by SATA, or that WENZHOU is 21 affiliated with, connected to, associated with, or in some way related to SATA; (c) result in 22 WENZHOU unfairly benefiting from SATAs advertising and promotion; and (d) result in 23 WENZHOU unfairly profiting from SATAs reputation and trademarks all to the substantial 24 and irreparable injury of the public, SATA, the SATA Marks, and the substantial goodwill they 25 represent. 26 72. WENZHOUs acts constitute willful trademark counterfeiting in violation of

27 Section 32 of the Lanham Act, 15 U.S.C. 1114. 28

Lewis Roca Rothgerber LLP 3993 Howard Hughes Parkway Suite 600 Las Vegas, Nevada 89169

73.

By reason of the foregoing, WENZHOU is liable to SATA for: (a) statutory -12-

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1 damages in the amount of up to $2,000,000 for each mark counterfeited as provided by 15 2 U.S.C. 1117(c) of the Lanham Act, or, at SATAs election, an amount representing three (3) 3 times SATAs damages and/or WENZHOUs illicit profits; and (b) reasonable attorneys fees, 4 investigative fees, and pre-judgment interest pursuant to 15 U.S.C. 1117(b). 5 74. SATA is also entitled to temporary, preliminary, and permanent injunctive

6 relief, including an order permitting the seizure of all goods and counterfeit marks . . . the 7 means of making such [counterfeit] marks, and records documenting the manufacture, sale, or 8 receipt of things involved in such [counterfeiting] violations pursuant to 15 U.S.C. 1116(d). 9 10 Count II - Trademark Infringement - 15 U.S.C. 1114 (Against WENZHOU) 75. SATA hereby realleges and incorporates by reference each and every allegation

11 set forth in the preceding paragraphs. 12 76. Without SATAs authorization, license, or consent, WENZHOU has knowingly

13 used and continues to use in commerce the SATA Marks in connection with the manufacturing, 14 adverting, promoting, importing into, and selling in the United States the WENZHOU Infringing 15 Products. WENZHOU has used the SATA Marks with the knowledge of, and the intent to call 16 to mind and create a likelihood of confusion with regard to, and/or trade off SATAs fame and 17 the registered SATA Marks. 18 77. WENZHOUs use of the SATA Marks is likely to: (A) confuse, mislead, or

19 deceive customers, purchasers, and members of the general public as to the origin, source, 20 sponsorship, or affiliation of WENZHOU and SATA and/or the WENZHOU Infringing Products 21 and SATAs products; and (B) is likely to cause such people to believe in error that the 22 WENZHOU Infringing Products have been authorized, sponsored, approved, endorsed, or 23 licensed by SATA or that the WENZHOU Infringing Products are in some way affiliated with 24 SATA. 25 78. SATA has no control over the nature or quality of the goods and/or services

26 WENZHOU offers. Therefore, SATAs reputation and goodwill has been and continues to be 27 damaged and the value of the SATA Marks jeopardized by WENZHOUs continued use of 28 the SATA Marks and colorable imitations thereof. Because of the likelihood of confusion
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1 between the WENZHOU Infringing Products and the SATA Marks, any defects, objections, or 2 faults found with the WENZHOU Infringing Products will negatively reflect upon and injure the 3 exceptional reputation that SATA has established for the products and services it offers in 4 connection with the SATA Marks. As such, WENZHOU is liable to SATA for infringement of 5 the SATA Marks pursuant to 15 U.S.C. 1114. 6 79. WENZHOUs acts alleged above have caused, and if not enjoined will continue

7 to cause, irreparable and continuing harm to SATAs trademarks, business, reputation, and 8 goodwill. SATA has no adequate remedy at law as monetary damages are inadequate to

9 compensate SATA for the injuries caused by WENZHOU to its trademarks, business, reputation, 10 and goodwill. 11 80. As a direct and proximate result of WENZHOUs conduct, SATA has suffered

12 and continues to suffer damages to its valuable SATA Marks, and other damages in an amount to 13 be proven at trial. 14 81. WENZHOUs infringement of SATAs registered trademarks is deliberate,

15 willful, fraudulent and without any extenuating circumstances, and constitutes a knowing use of 16 the SATA Marks, and an exceptional case within the meaning of 15 U.S.C. 1117(b). 17 82. SATA is entitled to temporary, preliminary, and permanent injunctive relief, as

18 well as an award of WENZHOUs profits, actual damages, enhanced profits and damages, costs, 19 and reasonable attorneys fees pursuant to 15 U.S.C. 1114, 1116, and 1117. 20 21 22 83. Count III - False Designation of Origin/Unfair Competition - 15 U.S.C. 1125 (Against WENZHOU) SATA hereby realleges and incorporates by reference each and every allegation

23 set forth in the preceding paragraphs. 24 84. WENZHOUs use, promotion, offers to sell, sale, and/or importation of the

25 WENZHOU Infringing Products violates Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). 26 The SATA Marks are federally registered, and are entitled to protection under both federal and 27 common law. The SATA Marks have distinctive appearances with unique and non-functional 28 designs. SATA has extensively and continuously promoted and used the SATA Marks for many
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1 decades in the United States and worldwide. Through that extensive and continuous use, the 2 SATA Marks have become well-known indicators of the origin and quality of SATAs products 3 and have acquired substantial secondary meaning in the marketplace. 4 85. WENZHOUs use of colorable imitations of the SATA Marks constitutes a false

5 designation of origin that is likely to cause consumer confusion, mistake, or deception as to the 6 origin, sponsorship, or approval of the WENZHOU Infringing Products by creating the false and 7 misleading impression that the WENZHOU Infringing Products are manufactured by, authorized 8 by, or otherwise associated with SATA. 9 86. WENZHOUs use of colorable imitations of the SATA Marks has caused, and

10 unless enjoined, will continue to cause substantial and irreparable injury to SATA for which 11 SATA has no adequate remedy at law, including at least substantial and irreparable injury to the 12 goodwill and reputation for quality associated with the SATA Marks. 13 87. On information and belief, WENZHOUs use of colorable imitations of the SATA

14 Marks has been intentional and willful. WENZHOUs bad faith is evidenced at least by 15 WENZHOUs use of marks identical to the SATA Marks on the WENZHOU Infringing 16 Products. SATA is entitled to injunctive relief, and SATA is also entitled to recover

17 WENZHOUs profits, actual damages, enhanced profits and damages, costs, and reasonable 18 attorneys fees pursuant to 15 U.S.C. 1125(a), 1116, and 1117. 19 20 21 Count IV - Common Law Trademark Infringement & Unfair Competition (Against WENZHOU) 88. SATA hereby realleges and incorporates by reference each and every allegation

22 set forth in the preceding paragraphs. 23 89. SATA was the first to use the SATA Marks. As a result of SATAs continuous

24 promotion and sales of products bearing the SATA Marks, the SATA Marks have become 25 widely known and SATA has been identified in the public mind as the manufacturer of the 26 products to which the SATA Marks are applied. 27
Lewis Roca Rothgerber LLP 3993 Howard Hughes Parkway Suite 600 Las Vegas, Nevada 89169

90.

As a result of the experience, care, and service of SATA in producing the

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1 have acquired a worldwide reputation for quality, styling, and utility. Moreover, the SATA 2 Marks have come to symbolize SATAs reputation for quality and excellence. The SATA Marks 3 have also acquired secondary meaning in the marketplace, and are non-functional. 4 91. WENZHOU, with knowledge of and with intentional disregard of SATA rights,

5 continues to advertise, promote, and sell products using the SATA Marks, or colorable and 6 confusing imitations thereof. WENZHOUs acts are likely to cause, have caused, and will 7 continue to cause confusion as to the source and/or sponsorship of SATAs products and 8 services. 9 92. WENZHOUs acts alleged herein and specifically, without limitation,

10 WENZHOUs use, manufacture, promotion, offers to sell, selling, and/or importing into the 11 United States products that are confusingly similar to products bearing the SATA Marks, 12 infringes SATA exclusive trademark rights in violation of the common law. 13 93. WENZHOUs acts alleged above have caused, and if not enjoined will continue

14 to cause, irreparable and continuing harm to SATAs trademarks, business, reputation, and 15 goodwill. SATA has no adequate remedy at law because monetary damages are inadequate to 16 compensate SATA for the injuries caused by WENZHOU to its trademarks, business, reputation, 17 and goodwill. 18 94. On information and belief, WENZHOUs use of colorable imitations of the SATA WENZHOUs bad faith is evidenced at least by

19 Marks has been intentional and willful.

20 WENZHOUs use of marks identical to the SATA Marks on the WENZHOU Infringing 21 Products. SATA is entitled to injunctive relief, and SATA is also entitled to recover

22 WENZHOUs profits, actual damages, punitive damages, costs, and reasonable attorneys fees. 23 24 Count V Design Patent Infringement - 35 U.S.C. 171 and 289 (Against WENZHOU) 95. SATA hereby realleges and incorporates by reference each and every allegation

25 set forth in the preceding paragraphs. 26 96. Without SATAs authorization, license, or consent, WENZHOU has and is

27 continuing to make, use, offer to sell, sell, and/or import into the United States the WENZHOU 28 Infringing Products, which infringe SATAs design patents.
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97.

WENZHOUs infringements have been intentional and willful, making this an

2 exceptional case. 3 98. SATA has been and continues to be irreparably harmed by WENZHOUs past

4 and ongoing infringement of SATAs design patents. 5 99. WENZHOUs infringement of SATAs design patents has caused SATA to suffer

6 damages in an amount to be determined at trial. 7 8 Count VI - Trademark Counterfeiting - 15 U.S.C. 1114 (Against CMI) 100. Defendant CMI has used spurious designations that are identical with, or

9 substantially indistinguishable from, the SATA Marks on goods covered by SATAs federal 10 trademark registrations. 11 101. CMI has intentionally used these spurious designations, knowing they are

12 counterfeit, in connection with the advertisement, promotion, sale, offering for sale and 13 distribution of goods including, without limitation, at the AAPEX trade show. 14 102. CMIs use of the SATA Marks to advertise, promote, offer for sale, distribute

15 and sell the CMI Infringing Product bearing infringing trademarks was at all times and is 16 currently without SATAs authorization, license, or consent. 17 103. CMIs unauthorized use of the SATA Marks on and in connection with CMIs

18 advertisement, promotion, sale, offering for sale, and distribution of the CMI Infringing 19 Product at the AAPEX trade show constitutes a use of the SATA Marks in commerce. 20 104. CMIs unauthorized use of the SATA Marks is likely to: (a) cause confusion,

21 mistake and deception; (b) cause the public to believe that CMIs products are the same as 22 SATAs products and/or that the CMI Infringing Product is authorized by, sponsored by, or 23 approved by SATA, or that CMI is affiliated with, connected to, associated with, or in some 24 way related to SATA; (c) result in CMI unfairly benefiting from SATAs advertising and 25 promotion; and (d) result in CMI unfairly profiting from SATAs reputation and trademarks all 26 to the substantial and irreparable injury of the public, SATA, the SATA Marks, and the 27 substantial goodwill they represent. 28
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105.

CMIs acts constitute willful trademark counterfeiting in violation of Section 32 -17-

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1 of the Lanham Act, 15 U.S.C. 1114. 2 106. By reason of the foregoing, CMI is liable to SATA for: (a) statutory damages in

3 the amount of up to $2,000,000 for each mark counterfeited as provided by 15 U.S.C. 4 1117(c) of the Lanham Act, or, at SATAs election, an amount representing three (3) times 5 SATAs damages and/or CMIs illicit profits; and (b) reasonable attorneys fees, investigative 6 fees, and pre-judgment interest pursuant to 15 U.S.C. 1117(b). 7 107. SATA is also entitled to temporary, preliminary, and permanent injunctive

8 relief, including an order permitting the seizure of all goods and counterfeit marks . . . the 9 means of making such [counterfeit] marks, and records documenting the manufacture, sale, or 10 receipt of things involved in such [counterfeiting] violations pursuant to 15 U.S.C. 1116(d). 11 12 Count VII - Trademark Infringement - 15 U.S.C. 1114 (Against CMI) 108. SATA hereby realleges and incorporates by reference each and every allegation

13 set forth in the preceding paragraphs. 14 109. Without SATAs authorization, license, or consent, CMI has knowingly used and

15 continues to use in commerce the SATA Marks in connection with the manufacturing, adverting, 16 promoting, importing into, and selling in the United States of the CMI Infringing Product. 17 110. CMIs use of the SATA Marks is likely to: (A) confuse, mislead, or deceive

18 customers, purchasers, and members of the general public as to the origin, source, sponsorship, 19 or affiliation of CMI and SATA and/or the CMI Infringing Product and SATAs products; and 20 (B) is likely to cause such people to believe in error that the CMI Infringing Product has been 21 authorized, sponsored, approved, endorsed, or licensed by SATA or that the CMI is in some way 22 affiliated with SATA. 23 111. SATA has no control over the nature or quality of the goods and/or services CMI

24 offers. Therefore, SATAs reputation and goodwill has been and continues to be damaged and 25 the value of the SATA Marks jeopardized by CMIs continued use of the SATA Marks and 26 colorable imitations thereof. Because of the likelihood of confusion between the CMI Infringing 27 Product and the SATA Marks, any defects, objections, or faults found with the CMI Infringing 28 Product will negatively reflect upon and injure the exceptional reputation that SATA has
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1 established for the products and services it offers in connection with the SATA Marks. As such, 2 CMI is liable to SATA for infringement of the SATA Marks pursuant to 15 U.S.C. 1114. 3 112. CMIs acts alleged above have caused, and if not enjoined will continue to cause,

4 irreparable and continuing harm to SATAs trademarks, business, reputation, and goodwill. 5 SATA has no adequate remedy at law as monetary damages are inadequate to compensate SATA 6 for the injuries caused by CMI to its trademarks, business, reputation, and goodwill. 7 113. As a direct and proximate result of CMIs conduct, SATA has suffered and

8 continues to suffer damages to its valuable SATA Marks, and other damages in an amount to be 9 proven at trial. 10 114. CMIs infringement of SATAs registered trademarks is deliberate, willful,

11 fraudulent and without any extenuating circumstances, and constitutes a knowing use of the 12 SATA Marks, and an exceptional case within the meaning of 15 U.S.C. 1117(b). 13 115. SATA is entitled to temporary, preliminary, and permanent injunctive relief, as

14 well as an award of CMIs profits, actual damages, enhanced profits and damages, costs, and 15 reasonable attorneys fees pursuant to 15 U.S.C. 1114, 1116, and 1117. 16 17 18 116. Count VIII - False Designation of Origin/Unfair Competition - 15 U.S.C. 1125 (Against CMI) SATA hereby realleges and incorporates by reference each and every allegation

19 set forth in the preceding paragraphs. 20 117. CMIs use, promotion, offers to sell, sale, and/or importation of the CMI

21 Infringing Product violates Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). The SATA 22 Marks are federally registered, and are entitled to protection under both federal and common law. 23 The SATA Marks have distinctive appearances with unique and non-functional designs. SATA 24 has extensively and continuously promoted and used the SATA Marks for many decades in the 25 United States and worldwide. Through that extensive and continuous use, the SATA Marks have 26 become well-known indicators of the origin and quality of SATAs products and have acquired 27 substantial secondary meaning in the marketplace. 28
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CMIs use of colorable imitations of the SATA Marks constitutes a false -19-

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1 designation of origin that is likely to cause consumer confusion, mistake, or deception as to the 2 origin, sponsorship, or approval of the CMI Infringing Product by creating the false and 3 misleading impression that the CMI Infringing Product is manufactured by, authorized by, or 4 otherwise associated with SATA. 5 119. CMIs use of colorable imitations of the SATA Marks has caused, and unless

6 enjoined, will continue to cause substantial and irreparable injury to SATA for which SATA has 7 no adequate remedy at law, including at least substantial and irreparable injury to the goodwill 8 and reputation for quality associated with the SATA Marks. 9 120. On information and belief, CMIs use of colorable imitations of the SATA Marks

10 has been intentional and willful. CMIs bad faith is evidenced at least by CMIs use of marks 11 identical to the SATA Marks on the CMI Infringing Product. SATA is entitled to injunctive 12 relief, and SATA is also entitled to recover CMIs profits, actual damages, enhanced profits and 13 damages, costs, and reasonable attorneys fees pursuant to 15 U.S.C. 1125(a), 1116, and 14 1117. 15 16 Count IX - Common Law Trademark Infringement & Unfair Competition (Against CMI) 121. SATA hereby realleges and incorporates by reference each and every allegation

17 set forth in the preceding paragraphs. 18 122. SATA was the first to use the SATA Marks. As a result of SATAs continuous

19 promotion and sales of products bearing the SATA Marks, the SATA Marks have become 20 widely known and SATA has been identified in the public mind as the manufacturer of the 21 products to which the SATA Marks are applied. 22 123. As a result of the experience, care, and service of SATA in producing the

23 products to which the SATA Marks are applied, these products have become widely known and 24 have acquired a worldwide reputation for quality, styling, and utility. Moreover, the SATA 25 Marks have come to symbolize SATAs reputation for quality and excellence. The SATA Marks 26 have also acquired secondary meaning in the marketplace, and are non-functional. 27
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124.

CMI, with knowledge of and with intentional disregard of SATA rights,

28 continues to advertise, promote, and sell products using the SATA Marks, or colorable and -20-

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1 confusing imitations thereof. CMIs acts are likely to cause, have caused, and will continue to 2 cause confusion as to the source and/or sponsorship of SATAs products and services. 3 125. CMIs acts alleged herein and specifically, without limitation, CMIs use,

4 manufacture, promotion, offers to sell, selling, and/or importing into the United States products 5 that are confusingly similar to products bearing the SATA Marks, infringes SATA exclusive 6 trademark rights in violation of the common law. 7 126. CMIs acts alleged above have caused, and if not enjoined will continue to cause,

8 irreparable and continuing harm to SATAs trademarks, business, reputation, and goodwill. 9 SATA has no adequate remedy at law because monetary damages are inadequate to compensate 10 SATA for the injuries caused by CMI to its trademarks, business, reputation, and goodwill. 11 127. On information and belief, CMIs use of colorable imitations of the SATA Marks

12 has been intentional and willful. CMIs bad faith is evidenced at least by CMIs use of marks 13 identical to the SATA Marks on the CMI Infringing Product. SATA is entitled to injunctive 14 relief, and SATA is also entitled to recover CMIs profits, actual damages, punitive damages, 15 costs, and reasonable attorneys fees. 16 17 Count X Design Patent Infringement - 35 U.S.C. 171 and 289 (Against CMI) 128. SATA hereby realleges and incorporates by reference each and every allegation

18 set forth in the preceding paragraphs. 19 129. Without SATAs authorization, license, or consent, CMI has and is continuing to

20 make, use, offer to sell, sell, and/or import into the United States the CMI Infringing Product 21 defined above, which infringes SATAs design patents. 22 130. CMIs infringements have been intentional and willful, making this an

23 exceptional case. 24 131. SATA has been and continues to be irreparably harmed by CMIs past and

25 ongoing infringement of SATAs design patents. 26 132. CMIs infringement of SATAs design patents has caused SATA to suffer

27 damages in an amount to be determined at trial. 28 ///

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1 2

Count XI - Trademark Counterfeiting - 15 U.S.C. 1114 (Against KUANI) 133. Defendant KUANI has used spurious designations that are identical with, or

3 substantially indistinguishable from, the SATA Marks on goods covered by SATAs federal 4 trademark registrations. 5 134. KUANI has intentionally used these spurious designations, knowing they are

6 counterfeit, in connection with the advertisement, promotion, sale, offering for sale and 7 distribution of goods including, without limitation, at the AAPEX trade show. 8 135. KUANIs use of the SATA Marks to advertise, promote, offer for sale,

9 distribute and sell the KUANI Infringing Products bearing infringing trademarks was at all 10 times and is currently without SATAs authorization, license, or consent. 11 136. KUANIs unauthorized use of the SATA Marks on and in connection with

12 KUANIs advertisement, promotion, sale, offering for sale, and distribution of the KUANI 13 Infringing Products at the AAPEX tradeshow constitutes a use of the SATA Marks in 14 commerce. 15 137. KUANIs unauthorized use of the SATA Marks is likely to: (a) cause confusion,

16 mistake and deception; (b) cause the public to believe that KUANIs products are the same as 17 SATAs products and/or that KUANIs products are authorized by, sponsored by, or approved 18 by SATA, or that KUANI is affiliated with, connected to, associated with, or in some way 19 related to SATA; (c) result in KUANI unfairly benefiting from SATAs advertising and 20 promotion; and (d) result in KUANI unfairly profiting from SATAs reputation and trademarks 21 all to the substantial and irreparable injury of the public, SATA, the SATA Marks, and the 22 substantial goodwill they represent. 23 138. KUANIs acts constitute willful trademark counterfeiting in violation of Section

24 32 of the Lanham Act, 15 U.S.C. 1114. 25 139. By reason of the foregoing, KUANI is liable to SATA for: (a) statutory damages

26 in the amount of up to $2,000,000 for each mark counterfeited as provided by 15 U.S.C. 27 1117(c) of the Lanham Act, or, at SATAs election, an amount representing three (3) times 28 SATAs damages and/or KUANIs illicit profits; and (b) reasonable attorneys fees,
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1 investigative fees, and pre-judgment interest pursuant to 15 U.S.C. 1117(b). 2 140. SATA is also entitled to temporary, preliminary, and permanent injunctive

3 relief, including an order permitting the seizure of all goods and counterfeit marks . . . the 4 means of making such [counterfeit] marks, and records documenting the manufacture, sale, or 5 receipt of things involved in such [counterfeiting] violations pursuant to 15 U.S.C. 1116(d). 6 7 Count XII - Trademark Infringement - 15 U.S.C. 1114 (Against KUANI) 141. SATA hereby realleges and incorporates by reference each and every allegation

8 set forth in the preceding paragraphs. 9 142. Without SATAs authorization, license, or consent, KUANI has knowingly used

10 and continues to use in commerce the SATA Marks in connection with the manufacturing, 11 adverting, promoting, importing into, and selling in the United States of the KUANI Infringing 12 Products. 13 143. KUANIs use of the SATA Marks is likely to: (A) confuse, mislead, or deceive

14 customers, purchasers, and members of the general public as to the origin, source, sponsorship, 15 or affiliation of KUANI and SATA and/or the KUANI Infringing products and SATAs 16 products; and (B) is likely to cause such people to believe in error that the KUANI Infringing 17 Products have been authorized, sponsored, approved, endorsed, or licensed by SATA or that the 18 KUANI is in some way affiliated with SATA. 19 144. SATA has no control over the nature or quality of the goods and/or services

20 KUANI offers. Therefore, SATAs reputation and goodwill has been and continues to be 21 damaged and the value of the SATA Marks jeopardized by KUANIs continued use of the 22 SATA Marks and colorable imitations thereof. Because of the likelihood of confusion between 23 the KUANI Infringing Products and the SATA Marks, any defects, objections, or faults found 24 with the KUANI Infringing Products will negatively reflect upon and injure the exceptional 25 reputation that SATA has established for the products and services it offers in connection with 26 the SATA Marks. As such, KUANI is liable to SATA for infringement of the SATA Marks 27 pursuant to 15 U.S.C. 1114. 28
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145.

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1 cause, irreparable and continuing harm to SATAs trademarks, business, reputation, and 2 goodwill. SATA has no adequate remedy at law as monetary damages are inadequate to

3 compensate SATA for the injuries caused by KUANI to its trademarks, business, reputation, and 4 goodwill. 5 146. As a direct and proximate result of KUANIs conduct, SATA has suffered and

6 continues to suffer damages to its valuable SATA Marks, and other damages in an amount to be 7 proven at trial. 8 147. KUANIs infringement of SATAs registered trademarks is deliberate, willful,

9 fraudulent and without any extenuating circumstances, and constitutes a knowing use of the 10 SATA Marks, and an exceptional case within the meaning of 15 U.S.C. 1117(b). 11 148. SATA is entitled to temporary, preliminary, and permanent injunctive relief, as

12 well as an award of KUANIs profits, actual damages, enhanced profits and damages, costs, and 13 reasonable attorneys fees pursuant to 15 U.S.C. 1114, 1116, and 1117. 14 15 16 149. Count XIII- False Designation of Origin/Unfair Competition - 15 U.S.C. 1125 (Against KUANI) SATA hereby realleges and incorporates by reference each and every allegation

17 set forth in the preceding paragraphs. 18 150. KUANIs use, promotion, offers to sell, sale, and/or importation of the KUANI

19 Infringing Products violates Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). The SATA 20 Marks are federally registered, and are entitled to protection under both federal and common law. 21 The SATA Marks have distinctive appearances with unique and non-functional designs. SATA 22 has extensively and continuously promoted and used the SATA Marks for many decades in the 23 United States and worldwide. Through that extensive and continuous use, the SATA Marks have 24 become well-known indicators of the origin and quality of SATAs products and have acquired 25 substantial secondary meaning in the marketplace. 26 151. KUANIs use of colorable imitations of the SATA Marks constitutes a false

27 designation of origin that is likely to cause consumer confusion, mistake, or deception as to the 28 origin, sponsorship, or approval of the KUANI Infringing Products by creating the false and
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1 misleading impression that the KUANI Infringing Products are manufactured by, authorized by, 2 or otherwise associated with SATA. 3 152. KUANIs use of colorable imitations of the SATA Marks has caused, and unless

4 enjoined, will continue to cause substantial and irreparable injury to SATA for which SATA has 5 no adequate remedy at law, including at least substantial and irreparable injury to the goodwill 6 and reputation for quality associated with the SATA Marks. 7 153. On information and belief, KUANIs use of colorable imitations of the SATA

8 Marks has been intentional and willful. KUANIs bad faith is evidenced at least by KUANIs 9 use of marks identical to the SATA Marks on the KUANI Infringing Products. SATA is entitled 10 to injunctive relief, and SATA is also entitled to recover KUANIs profits, actual damages, 11 enhanced profits and damages, costs, and reasonable attorneys fees pursuant to 15 U.S.C. 12 1125(a), 1116, and 1117. 13 14 15 Count XIV - Common Law Trademark Infringement & Unfair Competition (Against KUANI) 154. SATA hereby realleges and incorporates by reference each and every allegation

16 set forth in the preceding paragraphs. 17 155. SATA was the first to use the SATA Marks. As a result of SATAs continuous

18 promotion and sales of products bearing the SATA Marks, the SATA Marks have become 19 widely known and SATA has been identified in the public mind as the manufacturer of the 20 products to which the SATA Marks are applied. 21 156. As a result of the experience, care, and service of SATA in producing the

22 products to which the SATA Marks are applied, these products have become widely known and 23 have acquired a worldwide reputation for quality, styling, and utility. Moreover, the SATA 24 Marks have come to symbolize SATAs reputation for quality and excellence. The SATA Marks 25 have also acquired secondary meaning in the marketplace, and are non-functional. 26 157. KUANI, with knowledge of and with intentional disregard of SATA rights,

27 continues to advertise, promote, and sell products using the SATA Marks, or colorable and 28 confusing imitations thereof. KUANIs acts are likely to cause, have caused, and will continue
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1 to cause confusion as to the source and/or sponsorship of SATAs products and services. 2 158. KUANIs acts alleged herein and specifically, without limitation, KUANIs use,

3 manufacture, promotion, offers to sell, selling, and/or importing into the United States products 4 that are confusingly similar to products bearing the SATA Marks, infringes SATA exclusive 5 trademark rights in violation of the common law. 6 159. KUANIs acts alleged above have caused, and if not enjoined will continue to

7 cause, irreparable and continuing harm to SATAs trademarks, business, reputation, and 8 goodwill. SATA has no adequate remedy at law because monetary damages are inadequate to 9 compensate SATA for the injuries caused by KUANI to its trademarks, business, reputation, and 10 goodwill. 11 160. On information and belief, KUANIs use of colorable imitations of the SATA

12 Marks has been intentional and willful. KUANIs bad faith is evidenced at least by KUANIs 13 use of marks identical to the SATA Marks on the KUANI Infringing Products. SATA is entitled 14 to injunctive relief, and SATA is also entitled to recover KUANIs profits, actual damages, 15 punitive damages, costs, and reasonable attorneys fees. 16 17 Count XV Design Patent Infringement - 35 U.S.C. 171 and 289 (Against KUANI) 161. SATA hereby realleges and incorporates by reference each and every allegation

18 set forth in the preceding paragraphs. 19 162. Without SATAs authorization, license, or consent, KUANI has and is continuing

20 to make, use, offer to sell, sell, and/or import into the United States the KUANI Infringing 21 Products defined above, which infringe SATAs design patents. 22 163. KUANIs infringements have been intentional and willful, making this an

23 exceptional case. 24 164. SATA has been and continues to be irreparably harmed by KUANIs past and

25 ongoing infringement of SATAs design patents. 26 165. KUANIs infringement of SATAs design patents has caused SATA to suffer

27 damages in an amount to be determined at trial. 28 ///

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1 2 3

PRAYER FOR RELIEF WHEREFORE, SATA respectfully prays for: A. Judgment that each Defendant has: (i) willfully engaged in trademark

4 counterfeiting in violation of 15 U.S.C. 1114; (ii) willfully infringed the SATA Marks in 5 violation of 15 U.S.C. 1114; (iii) willfully used false designations of origin and/or engaged in 6 unfair competition in violation of 15 U.S.C. 1125(a); (iv) willfully violated SATAs common 7 law rights in the SATA Marks; and (v) willfully infringed the SATA Patents in violation of 35 8 U.S.C. 171 and 289. 9 B. A temporary, preliminary, and permanent injunction against further

10 counterfeiting, infringement, false designation of origin, and unfair competition directed against 11 the SATA Marks, by each Defendant, its officers, agents, servants, employees, attorneys, and all 12 others in active concert or participation with any of them; 13 C. A temporary, preliminary, and permanent injunction against further infringement

14 of the SATA Patents and colorable imitations thereof, by each Defendant, its officers, agents, 15 servants, employees, and attorneys, and all others in active concert or participation with any of 16 them; 17 D. An order, pursuant to 15 U.S.C. 1116(d) and the Courts inherent authority,

18 directing the seizure of all evidence of each Defendants unlawful conduct; 19 E. A finding that this is an exceptional case within the meaning of 15 U.S.C.

20 1117(a). 21 F. An award of damages adequate to compensate SATA for the trademark

22 infringements that have occurred pursuant to 15 U.S.C. 1117(a), which amount shall include 23 each Defendants profits, SATAs damages, and the costs of the action. 24 G. At SATAs election, either: (1) an award of damages adequate to compensate

25 SATA for the intentional acts of trademark counterfeiting that have occurred, pursuant to 15 26 U.S.C. 1117(b), which amount shall include three times of each Defendants profits or SATAs 27 damages (whichever is greater), together with reasonable attorneys fees; or (2) statutory 28 damages in the amount of: (i) not less than $1,000 or more than $200,000 per counterfeit mark
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1 per type of goods or services sold, offered for sale, or distributed, as the Court considers just; or 2 (ii) if the Court finds that the use of the counterfeit mark was willful, not more than $2,000,000 3 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the 4 Court considers just. 5 H. An award of damages adequate to compensate SATA for the patent infringements

6 that have occurred pursuant to 35 U.S.C. 284, which shall be trebled as a result of each 7 Defendants willful patent infringement, or an award of each Defendants profits from its 8 infringements pursuant to 35 U.S.C. 289, whichever is greater, together with prejudgment 9 interest and costs; 10 I. An assessment of costs, including reasonable attorneys fees and expenses,

11 pursuant to 35 U.S.C. 285, with prejudgment interest; and 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Lewis Roca Rothgerber LLP 3993 Howard Hughes Parkway Suite 600 Las Vegas, Nevada 89169

J.

Such other and further relief as this Court deems just and proper. Respectfully submitted, LEWIS ROCA ROTHGERBER LLP By: /s/ Jonathan W. Fountain Michael J. McCue (Nevada Bar #6055) MMcCue@LRRLaw.com Jonathan W. Fountain (Nevada Bar #10351) JFountain@LRRLaw.com Meng Zhong (Nevada Bar #12145) MZhong@LRRLaw.com 3993 Howard Hughes Parkway, Suite 600 Las Vegas, Nevada 89169 Telephone: (702) 949-8200 Facsimile: (702) 949-8398 Attorneys for Plaintiff SATA GmbH & Co. KG

Dated: November 6, 2013

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