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Patent infringement lawsuit filed by Boulder-based Dinkum Systems against GoPro

Patent infringement lawsuit filed by Boulder-based Dinkum Systems against GoPro

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Published by jasonblevins
Patent infringement lawsuit filed by Boulder-based Dinkum Systems against GoPro alleging GoPro stole the design for Dinkum's ActionPod flexible camera mount in designing its Jaws Flex Clamp. Filed in Denver District Court, the lawsuit accuses GoPro of deceptive trade practices.
Patent infringement lawsuit filed by Boulder-based Dinkum Systems against GoPro alleging GoPro stole the design for Dinkum's ActionPod flexible camera mount in designing its Jaws Flex Clamp. Filed in Denver District Court, the lawsuit accuses GoPro of deceptive trade practices.

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Published by: jasonblevins on Apr 30, 2014
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10/07/2014

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4824-8039-2215.1
DISTRICT COURT, COUNTY OF BOULDER, STATEOF COLORADO1777 Sixth St.Boulder, CO 80302Tel: 303-441-3750
COURT USE ONLY
 _____________________________ Case No.Courtroom:Division:PLAINTIFF:
 DINKUM SYSTEMS, INC.
v.DEFENDANT:
 WOODMAN LABS, INC.d/b/a GoPro
ATTORNEYS FOR PLAINTIFF:Chad T. Nitta, #31921Blair E. Kanis, #41654KUTAK ROCK LLP1801 California St., Suite 3100Denver, CO 80202Tel: 303-297-2400Fax: 303-292-7799chad.nitta@kutakrock.com blair.kanis@kutakrock.com
COMPLAINT AND JURY DEMAND
Plaintiff Dinkum Systems, Inc. (“Dinkum”), by and through its undersigned counsel, andfor its Complaint (the “Complaint”) against Defendant Woodman Labs, Inc. d/b/a GoPro(“GoPro”), states and alleges as follows:
PARTIES
1. Plaintiff Dinkum Systems, Inc. is a Colorado corporation with its principal place of  business located in Boulder, Colorado.2. Upon information and belief, Defendant Woodman Labs, Inc. d/b/a GoPro is a Delawarecorporation with its principal place of business located in Half Moon Bay, California.
 DATE FILED: December 30, 2013 3:58 PM FILING ID: 9C4FE1712C2C6 CASE NUMBER: 2013CV31832
 
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JURISDICTION AND VENUE
3. Jurisdiction is proper in this Court pursuant to C.R.S. § 13-1-124 because, among othethings, GoPro transacts business in Colorado and because the injury caused by GoPro’stortious conduct occurred in Colorado.4. Venue is proper in this Court pursuant to C.R.C.P. 98 because, among other things,Dinkum resides in Boulder, Colorado and the conduct and injury resulting therefromgiving rise to the claims asserted herein occurred in this judicial district.
GENERAL ALLEGATIONS
5. Dinkum is a small Boulder-based company that, among other things, develops andmarkets high-quality accessories for cameras, including shades and clamping mounts.6. Dinkum was founded in 2011 by John Mans (“Mans”), a professional photographer andvideographer known for his work on various documentaries and other works.7. Dinkum sells products that Mans created both prior to and after founding Dinkum. Mansutilized his extensive experience and expertise in the photography industry in developingeach of the products marketed and sold by Dinkum.
The ActionPod® Products
8. Dinkum’s best-selling line of products are its clamping monopod mounts, theActionPod® and ActionPod®PRO products (together, the “ActionPod® Products”).9. The ActionPod® Products are proprietary camera accessories that allow a photographeto mount a camera to accessible structures or objects in numerous adjustable positionswhile still providing a stable base for taking pictures.10. A true and correct screenshot of the ActionPod® Products as offered on Dinkum’swebsite (last visited December 30, 2013) is attached as
 Exhibit A
.11. Mans developed the ActionPod® Products in part based on his experience taking picturesin remote locations with little or no assistance. Mans also relied on his extensiveknowledge of photography and his hard-earned understanding of the requirements for mounting and shooting in less than ideal situations.12. Dinkum has taken steps to protect all of the intellectual property related to theActionPod® Products. Among other things, Dinkum holds pending patent rights to theinventions embodied in the patent application US 2013/289,204, entitled “Camera andAccessories Clamping Mount” (the “’204 Application”). The ActionPod® Products areone embodiment of the inventions disclosed in the ‘204 Application.
 
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4824-8039-2215.1
13. The United States Patent and Trademark Office (“USPTO”) issued a Notice of Allowance for the ‘204 Application on September 27, 2013 and a continuation in part of the ‘204 Application is also currently pending before the USPTO.14. Dinkum also has applied for pending trade dress rights of the camera mounting systemcurrently offered by Dinkum under the ActionPod® trademark, secured under Trademark Application No. 86092632.
Dinkum’s Relationship with GoPro
15. Dinkum and GoPro both recognized that the mobility, versatility, and stability provided by the ActionPod® Products would appeal to GoPro’s core customer base and theyentered into a co-promotional relationship in 2012.16. Pursuant to this relationship, GoPro invited Dinkum representatives to attend industryevents and trade shows and to display the ActionPod® Products at GoPro’s booths.17. GoPro representatives also began to promote the ActionPod® Products for use withGoPro’s camera products.18. GoPro staff even purchased ActionPod® Products for its employees to use and display.19. As a direct result of its relationship with Dinkum, GoPro became intimately aware of theActionPod® Products, including product components and the manufacturing process, andDinkum’s desire to grow its business through sales of these products.
The GoPro Jaws: Flex Clamp
20. In October 2013, GoPro released a clamping monopod mount as an accessory to itscamera line that is substantially similar to the ActionPod® Products under the nameGoPro Jaws: Flex Clamp (the “Jaws Flex Clamp”).21. A true and correct screenshot of the Jaws Flex Clamp as offered on GoPro’s website (lastvisited December 30, 2013) is attached as
 Exhibit B
.22. Upon information and belief, GoPro developed the Jaws Flex Clamp at the same time itwas promoting the ActionPod® Products.23. Upon information and belief, GoPro intentionally kept secret from Dinkum itsdevelopment of the Jaws Flex Clamp.24. GoPro offers the Jaws Flex Clamp to the same consumer market as Dinkum offers itsActionPod® Products.25. Upon information and belief, GoPro copied the ActionPod® Products to create the JawsFlex Clamp, including nonfunctional aspects such as color, look and feel, which have

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