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Action No.: ____________ ) ) ) ) )


COMPLAINT FOR PATENT INFRINGEMENT Plaintiff, MARHAYGUE, LLC, by way of Complaint against Defendant, WOLFPAC TECHNOLOGIES, INC., alleges and state: THE PARTIES 1. Plaintiff, MARHAYGUE, LLC, is a limited liability company organized and existing under the laws of the State of South Carolina, having a place of business at 8 Lachicotte Lane, Pawleys Island, SC 29585 (hereinafter referred to as MARHAYGUE). 2. Upon information and belief, defendant Wolfpac Technologies, Inc. (hereinafter referred to as WOLFPAC) is a corporation organized and existing under the laws of the State of Pennsylvania, having a place of business at 400 Steel Street, Aliquippa, Pennsylvania 15001. JURISDICTION AND VENUE 4. U.S.C. 1338(a). 5. Venue is proper in this Judicial District pursuant to 28 U.S.C. 1391(b) and 1400(b), because Defendant does business in this district and is subject to personal This is an action for patent infringement arising under the patent laws of the United States, Title 35 of the United States Code. Jurisdiction is conferred pursuant to 28

jurisdiction here, a part of the events or omissions giving rise to the claims occurred here, and the alleged infringement is occurring here because Defendant sells and offers for sale infringing products in this Judicial District. COUNT FOR PATENT INFRINGEMENT 6. MARHAYGUE is the owner by assignment of all right, title and interest in and to

United States Letters Patent No. 7,997,044, which is entitled Enclosure and Method for Making an Enclosure and which was duly and legally issued on August 16, 2011 (hereinafter referred to as the 044 Patent). MARHAYGUE has been the owner of the 044 Patent at all times since it was issued. A copy of the 044 Patent is attached hereto as Exhibit A. 7. MARHAYGUE is located in this Judicial District in Georgetown County, South Carolina, where its agent makes and sells the enclosure covered by the 044 Patent under the trademark WRAP N SNAP, and has done so for several years. 8. On information and belief, Defendant makes, uses, imports, offers for sale and/or sells various types of column wrap enclosures, including those sold under the VERSAWRAP designation, (hereinafter the VERSAWRAP Products) that infringe the claims of the 044 Patent. The infringing VERSAWRAP Products include, but are not limited to, those identified by the designationsVW040486/10 (4x4), VW040686/10 (4x6), VW060668/10 (6x6), and VW080886/10 (8x8). Defendant offers for sale and sells the VERSAWRAP Products in this Judicial District and throughout the United States. A photocopy of promotional materials illustrating the VERSAWRAP Products is attached hereto as Exhibit B. 9. The offer for sale and/or sale of the VERSAWRAP Products by Defendant in this Judicial District and elsewhere in the United States constitutes direct and/or contributory infringement of, and/or active inducement to infringe the 044 Patent under 35 U.S.C. 271. 10. Defendants infringement of the 044 Patent has been and is in violation of MARHAYGUEs patent rights, and it is believed that Defendant will continue to infringe MARHAYGUEs patent rights unless enjoined by this Court. 11. On information and belief, Defendants acts of infringement have been and are willful and deliberate, with full knowledge of MARHAYGUEs rights in the 044 Patent.


As a result of Defendants infringement of the 044 Patent, MARHAYGUE has

been damaged by loss of sales of its products covered by the 044 Patent, loss of profits and/or loss of royalties, or in other respects, and will continue to be damaged in an amount yet to be determined. MARHAYGUE has suffered and will continue to suffer irreparable injury unless the infringing activities of Defendant are enjoined. 13. By virtue of Defendants willful and deliberate infringement, this is an exceptional case within the meaning of 35 U.S.C. 285 and warrants an award of treble damages pursuant to 35 U.S.C. 284. COUNT FOR FEDERAL UNFAIR COMPETITION False Designation of Origin (15 U.S.C. 1125 (a)) 14. 15. MARHAYGUE incorporates herein as if fully rewritten the averments set forth in MARHAYGUE, through its agent and distribution channels, uses a number of

Paragraphs 1 through 13 of this Complaint. trademarks and trade names in connection with the sale of products ancillary to its patented enclosure products, including but not limited to the BELMONT post cap. Exhibit C. 16. 17. Defendant likewise offers a BELMONT post cap. Exhibit D. Defendants unauthorized use of the BELMONT mark and tradename, in

connection with the advertising, marketing, distribution and sale of its goods and services falsely suggest that these products and services are connected with, sponsored by, affiliated with or related to MARHAYGUE. 18. 19. 20. Defendants unauthorized use of the BELMONT marks and tradename constitutes The intentional nature of the aforementioned acts of Defendant makes this an MARHAYGUE has been, is now, and will likely be irreparably injured and a false designation of origin in violation of 15 U.S.C. 1125(a). exceptional case pursuant to 15 U.S.C. 1117(a). damaged by Defendants false designation of origin and/or false description insofar as the public has been and/or is induced to believe that Defendants goods and services are connected with, sponsored by, affiliated with or related to MARHAYGUE.


Defendants conduct has damaged MARHAYGUE and will, unless enjoined by

the Court, further impair the value of MARHAYGUEs name, reputation and goodwill. This harm constitutes an injury for which MARHAYGUE has no adequate remedy at law. COUNT FOR INTERFERENCE WITH PROSPECTIVE ADVANTAGE 22. 23. 24. MARHAYGUE incorporates herein as if fully rewritten the averments set forth in MARHAYGUE is known to others in the building industry as a provider of For numerous years, MARHAYGUE has enjoyed an ongoing and continued

Paragraphs 1 through 21 of this Complaint. quality column wraps. business relationship with a customer, which was also the exclusive distributor of MARHAYGUEs column wrap products. 25. Paragraph 24. 26. Defendant intentionally interfered with MARHAYGUEs business relationship with its customer and exclusive dealer, without legitimate justification, such that this customer no longer purchases or distributes MARHAYGUEs column wrap product. 27. 24. 28. 29. As a direct and proximate result of such intentional interference by Defendant, MARHAYGUE is entitled to judgment against Defendant for the damages PRAYER FOR RELIEF WHEREFORE, Plaintiff MARHAYGUE prays for the following relief: A. B. Judgment for MARHAYGUE on its cause of action for patent infringement Preliminary and permanent injunction enjoining Defendant, its officers, under 35 U.S.C. 271 against Defendant. directors, agents and employees and all those in active concert or participation with them who MARHAYGUE has suffered damage proximately caused by their wrongful conduct. But for the conduct of Defendant in interfering with MARHAYGUEs business, MARHAYGUE was reasonably certain to have continued the relationship described in Paragraph Defendant knew of MARHAYGUEs business relationship described in

receive actual notice of the judgment by personal service or otherwise, from making, using, importing, offering for sale, and selling in the United States any product embodying the invention of the 044 Patent and from any further acts of infringement, contributory infringement and inducement of infringement of the 044 Patent. C. An award of compensatory and punitive damages, including, but not limited to loss of profits and/or royalties, to MARHAYGUE by reason of the wrongs committed by Defendant, including an award of increased damages pursuant to 35 U.S.C. 284, for Defendants willful and deliberate patent infringement. D. E. An award of interest, including pre- and post-judgment interest, and costs of A judgment, pursuant to 28 U.S.C. 2201, declaring that Defendant, its this action together with MARHAYGUEs reasonable attorneys fees pursuant to 35 U.S.C. 285. officers, agents, servants, employees and representatives and all other persons, firms or corporations in active concert or participation with them, be preliminary and thereafter permanently enjoined and restrained from (i) using in any manner the BELMONT mark, or any name, mark or domain name that wholly incorporates the BELMONT mark, or is confusingly similar to or a colorable imitation of these marks; and (ii) doing any act or thing calculated or likely to cause confusion or mistake in the minds of members of the public, or prospective customers of MARHAYGUEs products or services, as to the source of the product or services offered for sale, distribution and/or sold, or likely to deceive members of the public, or prospective customers, into believing that there is some connection between Defendants and MARHAYGUE; F. A judgment ordering Defendant, pursuant to 15 U.S.C. 1116(a), to file with the Court and to serve upon MARHAYGUE within thirty (30) days after entry of the injunction, a report in writing under oath setting forth in detail the manner and form in which Defendant has complied with the injunction, and ceased offering their goods and services under the BELMONT mark and tradename and implemented adequate and effective means to discontinue sales of all products and services bearing the BELMONT mark and tradename; G. A judgment ordering Defendant, pursuant to 15 U.S.C. 1118, to deliver up for destruction, or to show proof of said destruction or sufficient modification to eliminate the infringing matter, all articles, packages, wrappers, products, displays, labels, signs, circulars, kits, packaging, letterheads, business cards, advertisements, promotional items, literature, sale aids,

receptacles or other matter, in the possession, custody or under the control of Defendant or its agents or distributors bearing the BELMONT mark, or any mark that is confusingly similar to or a colorable imitation of these mark, both alone and in combination with other words or terms. H. A judgment that Defendant account for and disgorge to MARHAYGUE all the profits realized by Defendant, or others acting in concert or participating with Defendant, resulting from Defendants acts of trademark infringement, false designation of origin, and unfair competition, all relating to Defendants use of the BELMONT mark and tradename; I. J. A judgment, as to all counts, awarding compensatory and punitive damages A judgment that MFI be awarded three times Defendants profits from its sustained by MARHAYGUE plus interest, in an amount to be determined; use of the BELMONT mark and tradename, or three times MARHAYGUEs damages, whichever is greater, together with its reasonable attorneys fees pursuant to U.S.C. 1117(a) and (b); K. and L. Such other and further relief as this Court deems just and proper. A judgment that MARHAYGUE recover the cost of this action plus interest;

Respectfully submitted,

Dated: February 2, 2012

s/William Y. Klett, III William Y. Klett, III Fed. Id. No. 5610 NEXSEN PRUET, LLC P.O. Drawer 2426 Columbia, SC 29202-2426 (803) 771-8900 Attorneys for Plaintiff MARHAYGUE, LLC