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Cargotec Marine Et. Al. v. Quality Pacific Manufacturing

Cargotec Marine Et. Al. v. Quality Pacific Manufacturing

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Published by PatentBlast
Cargotec Marine et. al. v. Quality Pacific Manufacturing
Cargotec Marine et. al. v. Quality Pacific Manufacturing

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Published by: PatentBlast on Mar 28, 2014
Copyright:Traditional Copyright: All rights reserved

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06/15/2015

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10524060
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN CARGOTEC MARINE GMBH and CARGOTEC SWITZERLAND S.A., Plaintiffs, v. QUALITY PACIFIC MANUFACTURING INC., d/b/a PACIFIC MARINE & INDUSTRIAL, Defendant. Case No. __________  
COMPLAINT FOR PATENT AND TRADEMARK INFRINGEMENT
Plaintiffs Cargotec Marine GmbH ("Cargotec Marine") and Cargotec Switzerland S.A. ("Cargotec Switzerland") (Collectively "Plaintiffs"), for its Complaint against Defendant Quality Pacific Manufacturing, Inc., d/b/a Pacific Marine & Industrial ("PMI"), states and alleges as follows:
NATURE OF THE ACTION
1.
 
This is an action for patent infringement under the patent laws of the United States, 35 U.S.C. § 1
et seq.
, including 35 U.S.C. § 271, and trademark infringement under the United States Lanham Act § 43(a), 15 U.S.C. § 1125(a).
THE PARTIES
2.
 
Cargotec Marine is a German corporation with its headquarters at Reichsbahnstrasse 72, 22525 Hamburg, Germany.
 
 
10524060
 2 3.
 
Cargotec Switzerland is a Switzerland corporation with its headquarters at Poststrasse 9 Zug 6300 CH, Switzerland. Cargotec Switzerland is a wholly-owned subsidiary of Cargotec Marine. 4.
 
Upon information and belief, PMI is a corporation organized and existing under the laws of the State of California, with its principal place of business located at 111 West Cutting Boulevard, Richmond, CA 94801. Its registered agent for service of  process is Kent Brown, 111 West Cutting Boulevard, Richmond, CA 94801.
JURISDICTION AND VENUE
5.
 
This Court has subject-matter jurisdiction of this action pursuant to 28 U.S.C. §§ 1331 and 1338(a). 6.
 
Based on information and belief, PMI does substantial and not isolated  business within this district. PMI maintains an online catalog of its industrial and marine  products in order to solicit and facilitate sales of its products to customers throughout the world, including customers in Wisconsin. PMI represents to the public through its website that PMI does substantial and not isolated business within this judicial district through its sales to Rockwell Automation, with its principal office located at 1201 South 2nd Street, E-7F19, Milwaukee, WI 53204, to Johnston Controls, Inc., with its principal office located at 5757 North Green Bay Avenue, Milwaukee, WI 53209, and to Bay Shipbuilding Corp., with its principal office located at 605 North 3rd Avenue, Sturgeon Bay, WI 54235. A true and correct copy of PMI's webpage dated March 13, 2014, representing PMI's substantial business and not isolated business with Rockwell Automation, Inc., Johnston Controls, Inc., and Bay Shipbuilding Corp, is attached hereto as Exhibit A.
 
 
10524060
 3 7.
 
Because PMI does substantial and not isolated business within this judicial district and therefore resides here, venue in this district is proper pursuant to 28 U.S.C. §§ 1391 and 1400(b).
BACKGROUND
8.
 
Cargotec Marine is the successor-in-interest to intellectual property rights from MacGREGOR (DEU) GmbH, including the CV-20 coupling piece and U.S. Patent  No. 5,758,391 ("the '391 patent"). A true and correct copy of the recordation filed with the United States Patent and Trademark Office of the assignments of the '391 patent is attached hereto as Exhibit B. 9.
 
The '391 patent, entitled "Coupling Piece for the Detachable Connection of Containers," was duly and legally issued by United States Patent and Trademark Office on June 2, 1998, after full and fair examination. A true and correct copy of the '391 patent is attached hereto as Exhibit C. 10.
 
The CV-20 coupling piece is a locking device used as a detachable connection of corner fittings of cargo containers stacked on board ships, including container ships used on the Great Lakes. 11.
 
Cargotec Marine owns all right, title, and interest in the trademark contained on the CV-20 coupling device, including the CV-20 mark. 12.
 
Cargotec Marine has two suppliers of the CV-20 coupling piece. Each CV-20 coupling piece each supplier manufactures contains a different and highly distinctive marking. 13.
 
Cargotec Switzerland owns all right, title, and interest in the MacGREGOR mark, which is federally registered under U.S. Federal Trademark

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