This action might not be possible to undo. Are you sure you want to continue?
MICHELL HAWKINS and WILLIAM HAWKINS, Plaintiffs, vs. BASS PRO SHOPS OUTDOOR WORLD, LLC, and BASS PRO INTELLECTUAL PROPERTY, LLC, Missouri limited liability companies, Defendants. / COME NOW Plaintiffs MICHELL
CASE NO. MAGISTRATE JUDGE
COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL
(hereinafter collectively referred to as "HAWKINS"), and file their complaint for patent infringement against Defendants BASS PRO SHOPS OUTDOOR WORLD, LLC LLC, (ABASS (ABASS IP@) SHOPS@) and BASS PRO INTELLECTUAL referred to
collectively as "BASS"), alleging as follows based on personal knowledge as to their own activities and upon information and belief as to all other matters: PARTIES 1. Plaintiffs HAWKINS are individuals in sui juris residing
in Lee County Florida, are the inventors of the invention entitled SHIRT WITH EXTENDED NECK (hereinafter "Extended Neck Shirt")
described and claimed in U.S. Design Patent D672,117 (hereinafter referred to as "the '117 patent"), and own all right, title and interest therein. A true and correct copy of the '117 patent is
attached to this Complaint as Plaintiff's Exhibit 1. 2. Upon information and belief, BASS are Missouri limited
liability companies having their principal place of business at 2500 E. Kearney Street, Springfield, Missouri 65803. JURISDICTION AND VENUE 3. This Court has subject matter jurisdiction over this
action pursuant to 28 U.S.C. '' 1331 and 1338(a) because this action arises under the Patent Law of the United States, 35 U.S.C. '' 101, et seq. 4. This Court has personal jurisdiction over Defendants BASS
because they maintain at least one place of business in this judicial district, and have committed acts of infringement thereat. 5. Venue is proper in this judicial district pursuant to 28
U.S.C. '' 1391(b) and 1400(b) because BASS regularly conducts business within this judicial district and has committed acts of infringement within this judicial district. 6. 4. Service of process is in accordance with Fed. R. Civ. P.
CAUSE OF ACTION - PATENT INFRINGEMENT 7. Plaintiffs repeat and re-allege Paragraphs 1 - 6 as if
fully set forth at this point. 8. Plaintiffs, HAWKINS, are the owners of the '117 patent, See Plaintiffs'
duly and lawfully issued on December 11, 2012. Exhibit 1.
HAWKINS are also the founders and owners of Snikwah,
Inc., a Florida corporation having its principal place of business at 5781 Lee Boulevard, Suite 302, Lehigh Acres, Florida 33971. 9. Since August of 2012, the HAWKINS have had manufactured
abroad the Extended Neck Shirt, which is sold through Snikwah Inc. It has been sold online throughout the United States, at trade shows, and through several sporting goods stores located in
southwest Florida. 10. In January 2013, the Extended Neck Shirt was offered for
sale to Defendants BASS, making BASS aware of the design of the product, but no agreement was reached with BASS. 11. Approximately three months after BASS was approached
about buying the Extended Neck Shirts for resale to consumers, HAWKINS determined that a product literally infringing the '117 patent was being marketed and sold by BASS both in its brick and mortar stores and online in violation of one or more of the provisions of 35 USC ' 271, et seq. which defines infringement in 3
several different ways.
A copy of a photograph of BASS' accused
product is attached hereto as Plaintiff's Exhibit 2, and can be readily compared to the Extended Neck Shirt illustrated in the '117 patent of Plaintiffs' Exhibit 1. This infringing product is
marketed with the trademark AREDHEAD@ which is owned by BASS IP, implying that BASS IP is the supplier of the infringing product to BASS SHOPS. 12. As a result thereof, on or about April 19, 2013, HAWKINS
retained undersigned counsel to send a cease and desist demand letter to BASS SHOPS, notifying them of the existence of HAWKINS' '117 patent. The letter specifically demanded that BASS SHOPS
cease infringing the '117 patent for the Extended Neck Shirt and provide accounting data. A true and correct copy of the demand
letter of April 19, 2013 letter is attached hereto as Plaintiffs' Exhibit 3. 13. BASS has continued selling said Extended Neck Shirt since
April 19, 2013, and have advertised and/or otherwise promoted, and sold online this infringing product within Florida and the United States. 14. BASS has infringed, and is continuing to infringe, the
'117 patent, by manufacturing or having manufactured, selling, and offering to sell in this judicial district and elsewhere, said Extended Neck Shirt. Such conduct constitutes infringement as 4
defined by 35 USC ' 271, et seq. in that it is a direct or contributory infringement. It also induces purchasers of said
Extended Neck Shirt to be infringers, which conduct renders BASS liable as infringers. 15. Since April 19, 2013 HAWKINS have established that BASS
have continued to advertise and sell the infringing product both online and in their brick and mortar stores, and sample purchases have been made to document said willful and wanton conduct with BASS having full knowledge of the assertion that their acts constitute infringement since receipt of the April 19, 2013 cease and desist letter. Upon information and belief, said infringement
will continue unless restrained by this Court. WHEREFORE, HAWKINS demand Judgment, jointly and severally, against BASS SHOPS and BASS IP as follows: a. That a preliminary and permanent injunction be
issued against BASS, as well as BASS's officers, agents, servants, employees and attorneys, and upon those persons in active concert or participation with any of the foregoing enjoining them from infringing said U.S. Patent No. D672,117. b. c. A finding the D672,117 patent is infringed by BASS. Judgment against BASS in favor of Plaintiffs HAWKINS
for damages resulting from said infringement. d. A finding that the infringement is willful and this 5
is an exceptional case within the meaning of the statute. e. Trebling of the damages by reason of the willful and
wanton nature of the infringement. f. g. h. i. j. Award of profits. An accounting to determine said damages. Award of reasonable attorney's fees. Award of pre-judgment and post-judgment interest. Such other and further relief as is equitable and
just in the premises. DEMAND FOR TRIAL FOR JURY HAWKINS demands trial by jury of all issues so triable. Respectfully submitted, ROBERT J. VAN DER WALL, P.A. Grand Bay Plaza Suite 801 2665 South Bayshore Drive Coconut Grove, Florida 33133 Telephone: (305) 358-6000 Facsimile: (305) 675-3988 e-mail: firstname.lastname@example.org website: www.bobvanderwall.com
By: s/Robert J. Van Der Wall/ ROBERT J. VAN DER WALL Attorney for Plaintiffs HAWKINS Florida Bar No. 195,230