Page 1 of 9

ROBERT A. GURR (#13722)
GURR & BRANDE, PLLC
1031 S. Bluff St. Ste.105
St. George, Utah 84770
Phone: (435) 634-8854
Fax: (866)-232-8818
Email: rob@gurrlaw.com

Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
SQUATTY POTTY, LLC,

Plaintiff,

v.

STEP AND GO HEALTH, LLC

Defendants.

COMPLAINT


Case No. 2:14-cv-00491-DBP

Judge: Dustin B. Pead

JURY DEMANDED


Plaintiff, Squatty Potty, LLC, by and through its counsel, Gurr and Brande, PLLC,
hereby brings this Complaint against the Defendant, Step and Go Health, LLC, and alleges as
follows:

THE PARTIES

1. Plaintiff, Squatty Potty, LLC, is an active Utah Limited Liability Company with its
principal place of business at 1135 W 1130 N Ste. 1, Saint George, Utah 84770.
Case 2:14-cv-00491-DBP Document 2 Filed 07/02/14 Page 1 of 9

Page 2 of 9

2. Upon information and belief, Defendant Step and Go Health, LLC, is a California
Limited Liability Company with its principal place of business at 520 E Santa Anita Ave,
Burbank, California 91501.
JURISDICTION AND VENUE
3. Squatty Potty, LLC (“Plaintiff”), files this action against Defendant, Step and Go Health,
LLC (“Defendant”), for design patent infringement under the patent laws of the United
States; for trade dress infringement under the Lanham Act (15 U.S.C. § 1051 et seq.) and
under the common law of the state of Utah; and for related claims of unfair competition
under the common law of the state of Utah. This Court has subject matter jurisdiction
over the patent claim under 28 U.S.C. § 1338(a) and over the trade dress claim under 28
U.S.C. §§ 1331 and 1338(b), and over the remaining claims under §§ 1338(b) and
1367(a).
4. This Court has personal jurisdiction over the Defendant because Defendant, upon
information and belief, has committed acts of infringement in Utah and/or has regularly
solicited business or derived substantial revenue from goods promoted, advertised, sold,
used, and/or consumed in the state of Utah, specifically having sold the Step and Go stool
in Utah that infringes Plaintiff‟s intellectual property in the state of Utah and has
purposefully availed itself of the privilege of doing business in the state of Utah.
5. Venue is proper in this Court pursuant to 28 U.S.C. § 1391.
6. Trial by jury is demanded.

Case 2:14-cv-00491-DBP Document 2 Filed 07/02/14 Page 2 of 9

Page 3 of 9


GENERAL ALLEGATIONS
7. Plaintiff is the owner, by virtue of assignment, of the entire right, title and interest in and
to U.S. Design Patent D677,478, entitled “Toilet Stool” and which was filed on August
23, 2012 and granted on March 12, 2013 (referred to herein as the „478 patent). (See
Exhibit A).
8. Plaintiff operates a growing business in Saint George, Utah and sells product worldwide.
9. Plaintiff has invested substantial time and resources into developing its product line of
toilet stools and associated goods.
10. Plaintiff‟s ECCO toilet stool (the subject of the „478 patent) has a distinctive design that
features a U-shaped back portion, arched sidewalls, as well as other design features. In
combination, these features create a distinctive and unique appearance which customers
and retailers recognize as the trade dress of the ECCO toilet stool and associate it
exclusively with Plaintiff.

First Cause of Action
(Direct Infringement of the ‘478 Patent by Step and Go Health, LLC)

11. Plaintiff re-alleges and incorporates by reference the allegations contained in paragraphs
1 through 10 above, as though fully set forth herein.
12. Plaintiff is the owner of the „478 Patent, which is valid and enforceable.
Case 2:14-cv-00491-DBP Document 2 Filed 07/02/14 Page 3 of 9

Page 4 of 9

13. Upon information and belief, Defendant, has infringed and continues to infringe the „478
Patent by making, designing, selling, and/or offering for sale its toilet stool that applies
the design of the „478 Patent or a colorable imitation thereof, in violation of 35 U.S.C.
§271(a).
14. An ordinary observer, given such attention as a purchaser usually gives, would be
deceived by the substantial similarity between the design of the toilet stool made,
designed, sold, and/or offered for sale by Defendant and the patented design in the „478
Patent.
15. An ordinary observer would be induced to purchase the infringing toilet stool, either
through Defendant‟s websites, online retailers, or in person (if such a retail outlets exists),
due to Defendant‟s stool being substantially the same as the designs embodied and
protected under the „478 Patent.
16. Plaintiff sent a cease and desist letter, dated June 11, 2013 to Defendant, informing it of
the „478 patent.
17. Defendant has refused to cease its infringing activities.
18. Defendant‟s deliberate and willful actions in infringing the design of Plaintiff‟s „478
Patent, have caused and will continue to cause irreparable harm to Plaintiff unless
permanently enjoined pursuant to 35 U.S.C. §283.
19. Defendant has also profited from, and continues to profit from, its infringing stool.
Case 2:14-cv-00491-DBP Document 2 Filed 07/02/14 Page 4 of 9

Page 5 of 9

20. Plaintiff has suffered pecuniary damages in amounts to be determined at trial as a result
of Defendant‟s willful infringement of the „478 patent, pursuant to 35 U.S.C. §§284 and
289.

Second Cause of Action
(Trade Dress Infringement – the Lanham Act § 43(a))

21. Plaintiff re-alleges and incorporates by reference the allegations contained in paragraphs
1 through 20 above, as though fully set forth herein.
22. Plaintiff is entitled to legal protection of its ECCO toilet stool‟s trade dress under § 43(a)
of the Lanham Act, which trade dress includes without limitation a distinctive design that
features a U-shaped back portion, arched sidewalls, has an angled footrest, textured
outlines of shoes/feet on the surface, a logo on the front center, and is white in color.
23. Plaintiff is further entitled to legal protection of its Bamboo toilet stool‟s trade dress
under § 43(a) of the Lanham Act.
24. Plaintiff‟s ECCO and Bamboo toilet stools‟ trade dress have acquired secondary meaning
as consumers have come to recognize the toilet stools as identifying Plaintiff as the
source of the high quality toilet stools.
25. Defendant‟s toilet stools have so closely imitated and/or copied Plaintiff‟s ECCO and
Bamboo toilet stools that the consuming public have been confused and will continue to
be confused as to the source or origin of Defendant‟s toilet stools and will erroneously
believe that the Defendant‟s stools came from Plaintiff.
Case 2:14-cv-00491-DBP Document 2 Filed 07/02/14 Page 5 of 9

Page 6 of 9

26. In the eye of an ordinary observer, giving such attention as a purchaser usually gives,
Plaintiff‟s ECCO and Bamboo toilet stools and Defendant‟s toilet stools are substantially
the same and the resemblance is such so as to deceive an ordinary observer, including an
ordinary observer to purchase Defendant‟s toilet stools supposing them to be Plaintiff‟s
toilet stools.
27. On information and belief, Defendant‟s copying of Plaintiff‟s toilet stools‟ trade dress
was intentional.
28. Defendant intended to create a toilet stool confusingly similar in appearance to Plaintiff‟s
toilet stool, and accompanies the sale with a confusingly similar tri-fold brochure.
29. Further, Defendant mimics Plaintiff‟s advertising material, including photographs, angles
of photography, artwork, etc.
30. Defendant‟s toilet stools and Plaintiff‟s toilet stools are strikingly similar, substantially
duplicated, virtually identical, substantially identical, remarkably similar, essentially
duplicated, and/or closely imitated.
31. Defendant‟s acts of trade dress infringement have caused and continue to cause damages
and injury to Plaintiff.
32. Plaintiff may recover for its damages an award to compensate Plaintiff for injuries and
damages it has sustained as a result of Defendant‟s conduct which violates § 43(a) of the
Lanham Act.
33. Because Defendant‟s acts were intentional, willful, and/or deliberate, Plaintiff is entitled
to an award of treble damages under § 43(a) of the Lanham Act.
Case 2:14-cv-00491-DBP Document 2 Filed 07/02/14 Page 6 of 9

Page 7 of 9

34. Plaintiff is entitled to an award of pre-judgment interest for the damages sustained as a
result of Defendant‟s wrongful conduct.
35. Defendant‟s wrongful, malicious, fraudulent, deliberate, willful, and/or intentional
conduct makes this an exceptional case entitling Plaintiff to an award of attorney‟s fees
and costs under the Lanham Act.
36. Plaintiff has no adequate remedy at law; Plaintiff has suffered and continues to suffer
irreparable harm as a result of Defendant‟s acts, and is therefore entitled to permanent
injunctive relief to enjoin Defendant‟s wrongful conduct.
Third Cause of Action
(Federal Unfair Competition, False Designation of Origin, Passing Off, and False
Advertising - the Lanham Act § 43(a))

37. Plaintiff re-alleges and incorporates by reference the allegations contained in paragraphs
1 through 36 above, as though fully set forth herein.
38. The unauthorized use by Defendant of Plaintiff‟s ECCO toilet stool trade dress through
the sale of its unauthorized toilet stool, is likely to cause the public to mistakenly believe
that Defendant‟s products originate from, are endorsed by, or are in some way affiliated
with Plaintiff and thus constitute unfair competition, false designation of origin, and
passing off.
39. In addition, Plaintiff‟s ECCO toilet stool trade dress is likely to lose its significance as an
indicator of origin if Defendant is allowed to continue its infringment.
40. Defendant has used Plaintiff‟s ECCO toilet stool‟s trade dress, as well as other trade
dresses held by Plaintiff (such as the Bamboo), in connection with false and misleading
Case 2:14-cv-00491-DBP Document 2 Filed 07/02/14 Page 7 of 9

Page 8 of 9

descriptions or representations of fact in promoting Defendant‟s toilet stools, thereby
misrepresenting the nature, characteristics, source, and qualities of its goods, services or
commercial activities. Defendant‟s actions are thus in violation of § 43(a) of the Lanham
Act.
41. As set forth above, on information and belief, Defendant‟s misconduct is part of a
deliberate plan to trade off the valuable goodwill established by Plaintiff and has been
carried out in willful disregard of Plaintiff‟s rights and thereby constitutes a violation of §
43(a) of the Lanham Act.
Fourth Cause of Action
(Common Law Unfair Competition, Misappropriation, and Trade Dress
Infringement - Unfair Practices Act, Utah Code Ann. § 13-5-1 et seq.)

42. Plaintiff re-alleges and incorporates by reference the allegations contained in paragraphs
1 through 41 above, as though fully set forth herein.
43. By its aforesaid conduct, calculated to increase business and profits by deceiving and
confusing members of the public, Defendant continues to misappropriate the valuable
goodwill of Plaintiff‟s toilet stools‟ trade dress, to infringe Plaintiff‟s rights therein and
unfairly compete with Plaintiff under the common laws of Utah.
44. Defendant‟s use of Plaintiff‟s toilet stools‟ trade dress to promote, mark, or sell products
constitutes an unfair practice under Utah Code Ann. § 13-5-1 et seq.
45. Defendant‟s use of Plaintiff‟s toilet stools‟ trade dress is an unfair or deceptive method of
competition occurring in trade or commerce that impacts the public interest and has
caused, and is causing, injury to Plaintiff‟s retailers and consumers.
Case 2:14-cv-00491-DBP Document 2 Filed 07/02/14 Page 8 of 9

Page 9 of 9


Request for Relief

Based on the foregoing, Plaintiff respectfully requests that the Court:
A. Enter judgment in favor of Plaintiff and against Defendant on all claims;
B. Enter judgment and permanently enjoin and restrain Defendant, its officers, directors,
principals, agents, servants, employees, successors and assigns, and all others aiding,
abetting, or acting in concert or active participation therewith, from making, using,
importing, selling or offering for sale, or otherwise distributing any product that
infringes the „478 Patent.
C. Enter a judgment against Defendant for direct infringement of Plaintiff‟s toilet stool‟s
trade dress;
D. Order an accounting for Plaintiff‟s damages and/or for Defendant‟s profits derived
and/or related to Defendant‟s infringement of the „478 Patent;
E. Order an assessment of interest and costs against Defendant;
F. Find this to be an exceptional case and to award reasonable attorneys‟ fees to
Plaintiff; and
G. Award Plaintiff such other relief as the Court deems just and proper.

DATED this 2
nd
day of July, 2014
_/s/ Robert A. Gurr________________
Robert A. Gurr
Attorney for Plaintiff
Case 2:14-cv-00491-DBP Document 2 Filed 07/02/14 Page 9 of 9
JS 44 (Rev. 12/12)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6
Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 400 State Reapportionment
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 ’ 410 Antitrust
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 430 Banks and Banking
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 450 Commerce
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 460 Deportation
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 470 Racketeer Influenced and
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 840 Trademark Corrupt Organizations
Student Loans ’ 340 Marine Injury Product ’ 480 Consumer Credit
(Excludes Veterans) ’ 345 Marine Product Liability LABOR SOCIAL SECURITY ’ 490 Cable/Sat TV
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 850 Securities/Commodities/
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud Act ’ 862 Black Lung (923) Exchange
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 890 Other Statutory Actions
’ 190 Other Contract Product Liability ’ 380 Other Personal Relations ’ 864 SSID Title XVI ’ 891 Agricultural Acts
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 893 Environmental Matters
’ 196 Franchise Injury ’ 385 Property Damage ’ 751 Family and Medical ’ 895 Freedom of Information
’ 362 Personal Injury - Product Liability Leave Act Act
Medical Malpractice ’ 790 Other Labor Litigation ’ 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 791 Employee Retirement FEDERAL TAX SUITS ’ 899 Administrative Procedure
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: Income Security Act ’ 870 Taxes (U.S. Plaintiff Act/Review or Appeal of
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee or Defendant) Agency Decision
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party ’ 950 Constitutionality of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 State Statutes
’ 245 Tort Product Liability Accommodations ’ 530 General
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION
Employment Other: ’ 462 Naturalization Application
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original
Proceeding
’ 2 Removed from
State Court
’ 3 Remanded from
Appellate Court
’ 4 Reinstated or
Reopened
’ 5 Transferred from
Another District
(specify)
’ 6 Multidistrict
Litigation
VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Brief description of cause:
VII. REQUESTED IN
COMPLAINT:
’ CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
DEMAND $ CHECK YES only if demanded in complaint:
JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
IF ANY
(See instructions):
JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
Case 2:14-cv-00491-DBP Document 2-1 Filed 07/02/14 Page 1 of 2
SQUATTY POTTY, LLC
WASHINGTON, UT
Gurr & Brande, PLLC | Robert A. Gurr | Tel: 435-634-8854
1031 S. Bluff St., Ste. 105
St. George, UT 84770
STEP AND GO HEALTH, LLC
Los Angeles, CA
28 U.S.C. §§ 1338(a), 1331, and 1338(b)
Design patent infringement and trade dress infringement
07/02/2014 /s/ Robert A. Gurr
Print Save As... Reset
JS 44 Reverse (Rev. 12/12)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V. Origin. Place an "X" in one of the six boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
Case 2:14-cv-00491-DBP Document 2-1 Filed 07/02/14 Page 2 of 2
( 1 2 ) United States Design Patent ( 1 0 ) Patent N 0 . :
Edwards et al .
USO0 D677478S
US D677, 478 S
( 45 ) Date o f Patent: MMar. 1 2 , 2 0 1 3
( 5 4) TOILET STOOL
( 76) Inv ento rs: J u dy Edwards, Saint G eo rge, UT ( U S) ;
B il l Edwards, Saint G eo rge, UT ( US) ;
B o bby Edwards, Iv ins, UT ( US)
( * * ) Term : 1 4 Years
( 2 1 ) A p p l . N o . : 2 9 / 430 , 32 7
( 2 2 ) F il ed: A u g. 2 3, 2 0 1 2
( 5 1 ) LOC( 9 ) Cl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 6-0 1
( 5 2 ) US. Cl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D6/ 349
( 5 8) F iel d o f Cl assi?catio n Search . . . . . . . . . . . . . . . . . . . D6/ 335 ,
D6/ 340 , 349 * 35 5 , 49 5 , 5 0 0 5 0 2 ; 2 9 7/ 1 6. 1 ,
2 9 7/ 1 75 , 1 87, 1 9 5 . 1 , 42 3. 1 , 42 3. 1 1 , 42 3. 1 4,
2 9 7/ 42 3. 1 6, 461 , 462
See ap p l icatio n ?l e f o r co m p l ete search histo ry .
( 5 6) R ef erences Cited
U. S. PA TEN T DOCUMEN TS
2 , 0 2 3, 9 0 1 A * 1 2 / 1 9 35 R ho des . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4/ 2 5 4
D1 9 2 , 2 1 8 S * 2 / 1 9 62 F o rsm an etal D6/ 349
D2 68, 79 6 S * 5 / 1 9 83 Ko l a . . . . . . . . . . . . D6/ 349
D2 9 7, 789 S * 9 / 1 9 88 Step ien D6/ 349
D39 8, 678 S * 9 / 1 9 9 8 Terry et a1 . . D2 3/ 30 9
D435 , 9 9 3 S * 1 / 2 0 0 1 J o hnso n . . . . . . . . . . . . . . D6/ 60 1
D5 0 8, 5 5 6 S * 8/ 2 0 0 5 Pal aZZo l o . . D2 3/ 30 9
D5 2 4, 5 62 S * 7/ 2 0 0 6 F rancio sa D6/ 349
D5 38, 5 5 7 S * 3/ 2 0 0 7 Marty n . . . . . . . . D6/ 484
D5 5 3, 370 S * 1 0 / 2 0 0 7 Mey ers et a1 . . . . . . . . . . . . . . . . . . D6/ 35 0
D5 82 , 1 68 S * 1 2 / 2 0 0 8 Sandel . . . . . . . . . . . . . . . . . . . . . . . . . . . D6/ 349
D60 6, 768 S * 1 2 / 2 0 0 9 Tu . . . . . . . D6/ 35 0
D62 9 , 2 2 2 S * 1 2 / 2 0 1 0 Kay D6/ 349
D62 9 , 62 7 S * 1 2 / 2 0 1 0 My l et . . . . . . . . . D6/ 349
D632 , 1 0 1 S * 2 / 2 0 1 1 Sandel et al . D6/ 349
D65 2 , 2 2 2 S * 1 / 2 0 1 2 Edwards . . . . . . . . . . . . . . . . . . . . . . . . D6/ 349
* cited by exam iner
Prim ary Exam iner * R o bert MSp ear
A ssistant Exam iner * Vy Ko enig
( 74) A tto rney , A gent, o rF irm * Q u ick Patents; Kev in Prince
( 5 7) CLA IM
We cl aim the o rnam ental design f o r a to l iet sto o l , as sho wn
and described.
DESCR IPTION
F IG . 1 is a p ersp ectiv e v iew o f a to l iet sto o l , sho wing m y new
design;
F IG . 2 is a right side el ev atio n v iew thereo f , the l ef t-side
el ev atio nal v iew being a m irro r im age thereo f ;
F IG . 3 is a f ro nt el ev atio n v iew thereo f ;
F IG . 4 is a rear el ev atio nal v iew thereo f ;
F IG . 5 is a to p p l an v iew thereo f ; and,
F IG . 6 is a bo tto m p l an v iew thereo f .
The bro k en l ines sho wing stru ctu ral ribbing in F IG . 6 dep ict
env iro nm ental m atter and f o rm no p art o f the cl aim ed design.
1 Cl aim , 3 Drawing Sheets
Case 2:14-cv-00491-DBP Document 2-2 Filed 07/02/14 Page 1 of 4
US. Patent Mar. 1 2 , 2 0 1 3 Sheet 1 o f 3 US D677, 478 S
F IG . 2
Case 2:14-cv-00491-DBP Document 2-2 Filed 07/02/14 Page 2 of 4
US. Patent Mar. 1 2 , 2 0 1 3 Sheet 2 o f 3 US D677, 478 S
F IG . 4
Case 2:14-cv-00491-DBP Document 2-2 Filed 07/02/14 Page 3 of 4
US. Patent Mar. 1 2 , 2 0 1 3 Sheet 3 o f 3 US D677, 478 S
F IG . 6
Case 2:14-cv-00491-DBP Document 2-2 Filed 07/02/14 Page 4 of 4

Sign up to vote on this title
UsefulNot useful