King v. American Fish Attractor and Habitat - Complaint

Case 5:16-cv-05128-TLB Document 1
Filed 06/07/16 Page 1 of 9 PageID #: 1

US DISTRICT COURT
WESTERN DIST ARKANSAS
FILED
IN THE UNITED STATES DISTRICT COURT
JUN O7 2016
FOR THE WESTERN DISTRICT OF ARKANSAS

FAYETTEVILLE DIVISION
DOUGLAS F. YOUNG, Clerk
By
DAVID KING and KING OUTDOOR

ENTERPRISES, LLLP
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Plaintiffs,
v.
AMERICAN FISH ATTRACTOR
AND HABITAT, LLC
Defendant.
Case No.
/l,-<;'J ;2 J> ~J_/3
COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
COMES NOW Plaintiff, David King ("Mr. King") and King Outdoor Enterprises, LLLP
("KOE"), by and through counsel, and for their Complaint for Damages and Equitable Relief
against Defendant, American Fish Attractor and Habitat, LLC ("AF AH" or "Defendant"),
respectfully states as follows:
Parties, Jurisdiction and Venue

1.
Mr. King is an individual resident of the state of Arkansas and a resident of
this judicial district. He is the owner of U.S. Patent No. D625, 471 (the '"471 Patent").
2.
KOE, is an Arkansas limited partnership that has its principal place of
business located in this judicial district.
KOE is the owner of U.S. Trademark Reg. No.
4,857,670 (the "KOE Trademark").
3.
Defendant is a limited liability company organized and existing under the
laws of the State of Tennessee. Defendant has it principal place of business located at 88
Carriage Hill, Signal Mountain, Tennessee 37377-2331. The registered agent for Defendant
is Corporation Service Company, 2908 Poston Avenue, Nashville, Tennessee 37203-11312.
Defendant has been doing business in, has committed acts, and caused damages in this
judicial district at all times relevant hereto.
4.
Jurisdiction is proper in this Court pursuant to 28 U.S.C. 1331 and 1338 in
that this action arises under the federal Trademark Act of 1946, 15 U.S.C. 1051-1129.
This Court holds supplemental jurisdiction over Plaintiffs' state law trademark claims and
remedies pursuant to 28 U.S.C. 1367.
5.
Venue is proper in this district pursuant to 28 U.S.C. 1391 in that a
substantial part of the events giving rise to Plaintiffs' claims occurred in this district.
Further, Plaintiffs' residence and principal place of business are located in this district and
Defendants' products are available in this district.
Factual Background
6.
KOE is the manufacturer of the popular Mossback artificial fish habitat
("Mossback"). This product is a fish retention structure that is submerged in bodies of

water as a means of promoting healthy fish habitats and improving fisheries.
7.
King and KOE own intellectual property that is incorporated into the
products that are manufactured and sold by KOE.

8.
The '471 Patent is titled "Fish Retention Structure" and was filed on August
31, 2009. A true and correct copy of the '471 Patent is attached hereto as Exhibit A and is
incorporated herein by reference.
2
9.
The fish habitat products sold by KOE that are protected by the '471 Patent
are marked by their use of a round mast that have a number of members (or arms) that are
bent at ninety degree angles and inserted into the mast.
10.
Assembly of the KOE fish habitat products is described in literature that is
provided by KOE with the purchase of the product. A copy of the instruction sheet that is
provided with the KOE MBl habitat is attached hereto as Exhibit B and is incorporated
herein by reference.
11.
In addition to the '471 Patent, KOE is also the owner of numerous
trademarks, including the design mark for its logo, which features a fish superimposed over
its distinctive central mast with elongated angled armed fish habitat structure. A copy of
the KOE Trademark is attached hereto as Exhibit C and is incorporated herein by
reference.
12.
The KOE Trademark was registered with the U.S. Patent and Trademark
Office on November 24, 2015. It was fist in use and in commerce on June 6, 2014.
13.
On or about February 13, 2015, Defendant was formed in the State of
Tennessee. A copy of filing information of Defendant is attached hereto as Exhibit D and is

incorporated herein by reference.
14.
Defendant was formed after its member, Matt Marsden, purchased one of
KOE's Mossback product on or about December 5, 2013. Marsden believed that he could
produce a better version of the product and began making a similar fish habitat himself
based on the Mossback design.
15.
Defendant operates a website at the domain www.americanfishtree.com at
which its products are displayed.

3
'
),
16.
As is seen on Defendant's website, the design of Defendant's products is
nearly identical to those of KOE. The construction, assembly, and deployment are copied
nearly directly from the Mossback design.
17.
Defendant states that its "handle design" is patented. However, Plaintiffs can
find no such patents for the handle design belonging to Defendant. See Exhibit E, a copy of
which is attached hereto and is incorporated herein by reference.
18.
Defendant further states that there is a patent pending for its products. See
Exhibit A. However, Plaintiffs can find no such patent pending for Defendant.
19.
In addition to copying Plaintiffs design, in violation of the '471 Patent,
Defendant has copied the KOE Trademark.
The KOE Trademark features a fish
superimposed over its distinctive central mast with elongated angled armed fish habitat
structure. The KOE Trademark is as follows:
20.
The logo that Defendant uses is substantially similar to KOE's and violates
the KOE Trademark.
Defendant's mark also features a fish superimposed over a fish
habitat structure with a central mast and elongated angled arms. Additionally, Defendant's
mark appears to use the same or substantially same san -serif font as the KOE Trademark.
Defendant's logo is as follows:
21.
Defendant's use of such a similar trademark for identical good creates
confusion in the marketplace that is damaging to Plaintiffs.

22.
Because Mr. Marsden purchased one of the Mossback products, he had actual
knowledge of the Mossback product design and actual knowledge of the KOE Trademark.
Count I - Patent Infrin1:ement under 35 U.S.C. 271
23.
The allegations set forth in the previous paragraphs are re-alleged as if set
forth herein verbatim.

24.
U.S. Patent No. D625,471 was duly and legally issued to Plaintiff on
November 24, 2015, and is currently in full force and effect and has been in use since this
date.
25.
Upon information and belief set forth in the foregoing paragraphs, Defendant
has infringed the '471 Patent in this judicial district and elsewhere by making, using,
selling, and/or offering for sale, a product that infringes and/or performs a function that
infringes the '471 Patent..
26.
Upon information and belief set forth in the foregoing paragraphs,
Defendant's American Fish Tree uses a design nearly identical to that of Mossback. In
addition, the construction, assembly, and deployment are copied nearly directly from the
Mossback design.
27.
In the eye of the ordinary observer, giving attention as purchasers of fish
habitats usually give, the resemblance between the design of Defendant's fish habitat and
the design set forth in the '471 Patent is such as to deceive the ordinary observer, and
cause an ordinary observer to purchase the Defendant's fish habitat supposing it to be the
product and design set forth in the '471 Patent.
28.
Defendant had actual knowledge of the '471 Patent and has infringed upon
this patent since Defendant was formed, on or about February 3, 2015.

29.
In light of the above facts and allegation, Defendant is and has been infringing
on the '4 71 Patent in violation of 35 U.S.C. 271, by developing, using, offering to sell,
and/or selling their American Fish Tree product in this jurisdiction and others.
30.
Because of Defendant's infringement of the '471 Patent, Mossback Fish
Habitat has suffered damages yet to be determined.

Count II -Trademark Infringement under 15 U.S.C 1111 et seg. (Lanham Act)
31.

32.
Plaintiff registered the KOE Trademark with the U.S. Patent and Trademark
Office on November 24, 2015. It was used for commercial purposes for the first time on
June 6, 2014 and has been used continuously thereafter.
33.
The KOE Trademark is in full force and effect and the KOE Trademark is
entitled to protection under both federal law and common law.

34.
The KOE Trademark features a fish superimposed over its distinctive central
mast with elongated angled armed fish habitat structure.

35.
The logo the Defendant uses also features a fish superimposed over a fish
habitat structure with a central mast and elongated arms. The font used by Defendant's
mark appears to also use the same or substantially same font as the KOE Trademark.
36.
Defendant willfully copied the design of the KOE Trademark and used the
KOE Trademark to market and sell nearly identical products in commerce that has caused
confusion and has been used in a misleading manner.
37.
Defendant's infringement of KOE King Trademark has caused damages to
Mossback in an amount yet to be determined.

38.
Defendant's infringement constitutes intentional conduct such to warrant an
award of treble damages, attorney's fees, and costs as proper.

39.
Further use of Defendant's logo that infringes upon the KOE Trademark will
cause irreparable harm to Mossback such that injunctive relief is proper.
Count III -Trademark Infringement under Ark. Code Ann. 4-71-212

40.

41.
Plaintiff has used the KOE Trademark for commercial purposes since at least
as early as June 6, 2014.

42.
The KOE Trademark features a fish superimposed over its distinctive central
mast with elongated angled armed fish habitat structure.

43.
The logo Defendant uses also features a fish superimposed over a fish habitat
structure with a central mast and elongated arms. The font used by Defendant's mark
appears to also use the same or substantially same font as the KOE Trademark.
44.
Defendant willfully copied the design of the KOE Trademark and used the
KOE Trademark to market and sell nearly identical products in commerce that causes
market confusion and is used in a misleading manner.
45.
Defendant's infringement of the KOE Trademark has caused damages to
Plaintiff in an amount yet to be determined.

46.
Defendant's infringement of the KOE Trademark constitutes intentional
conduct such to warrant an award of treble damages, attorney's fees, and costs as proper.
47.
Further use of Defendant's logo that infringes upon the KOE Trademark will
cause irreparable harm to Mossback such that injunctive relief is proper.

Count IV - Injury to Business Reputation under Ark. Code Ann. 4-71-213
48.

49.
The KOE Trademark is famous in the fishing industry, specifically in the State
of Arkansas.
50.
The mark of Defendant uses the substantially same font and also features a
fish superimposed over a fish habitat structure with a central mast and elongated arms.
This mark has been in use since Defendant was formed on or about February 3, 2015
51.
The fact the KOE Trademark has acquired distinctive meaning within the
State of Arkansas, and the high degree of recognition of the KOE Trademark in the industry,
Defendant's mark has diluted the distinctive quality of the KOE Trademark.
52.
Pursuant to Ark. Code Ann. 4-71-213, Plaintiff is entitled to injunctive relief
prohibiting the use of Defendant's mark anywhere.

WHEREFORE, Plaintiffs respectfully request that this Court grant the following
relief:
A
A preliminary and permanent injunction prohibiting Defendant from
infringing on the '471 Patent;

8
8.
A preliminary and permanent injunction prohibiting Defendant from
infringing on the KOE Trademark;

C.
An award of damages for Defendant's profits, Plaintiffs' damages, and the
costs of the action;

D.
An award of three times such profits or damages, whichever is greater;
E.
An award of attorneys' fees and costs; and
F.
Any and all other relief that the Court may deem proper.
Respectfully submitted,
DAVID KING and KING OUTDOOR
ENTERPRISES, LLLP, Plaintiffs
By:
75 North East Ave., Suite 500

Fayetteville, Arkansas 72702
Telephone: ( 479) 443-2705
Facsimile: ( 479) 443-2718
lmccredy@rmpllp.com
and
Meredith Lowry (2005232)
Wright, Lindsey & Jennings, LLP
3333 Pinnacle Hills Parkway, Suite 510
Rogers, AR 72758
Telephone: ( 4 79) 986-0888
Facsimile: (479) 986-8932
mlowry@wlj.com
Attorneys for Plaintiffs
Case 5:16-cv-05128-TLB Document 1-1
IIIIII IIIIIIII Ill lllll llllll llll 111111111111111 11111 11111111111111 11111 1111
USOOD625471S
02)
United States Design Patent
( JO)
King
(45)
(54)
FISH RETENTION STRUCTURE
(76)
Inventor:
David King, 22667 Lakeview Rd .,

Spri ngdale, AR (US) 72764
(**)
Tem1:
14 Y ea rs
(21)
Appl. No.: 29/316,1 74
(22)
Filed:
(5 1)
(52)
( 58)
LOC (9) C l. ... ....... ............. .... ....... ...... ..... .... 30-02
U.S. C l. ...... ........................ ...... .... ............. D30/106
Field of Classification Search .... ... . D30/ l Ol - l 02,
D30/ l06, 199; l 19/207- 208, 219, 22 1- 223,
11 9/ 256, 269; 405/23, 25, 27, 29, 33; 446/105- 106,
446/ 11 7, 124- 126; D22/l 99
See application fi le for complete search history.
US D625,471 S
** Oct. 12, 2010
Patent No.:
Date of Patent:
6,43 1,792
6,523 ,497
6,905 ,2S7
6,978.735
7,097 ,385
D607 ,0S2
2003i0000480
2004i0 168649
Bl
132
R2
BJ
132
S
AI
AI
812002
2/2003
6/2005
J 212005
812006
1212009
112003
912004
Barnes ....... ..
.. 405/25
Smith
J 19/22 1
Doolaege .... ... .. ...... ..... 11 9/2 19
Yeager ............. .. ... ..... 11 9/22 1
Tabler ..... .............. ..... . 40 5/29
Ha rper el al. .... .. ........ D22/ 199
Jenkin s ..... ..... ... ....... ... 11 9/22 1
ll arpcr el al. ........ ..... .. 11 9122 1
* cited by exami ner

Aug. 31, 2009
References Cited
(56)
U.S. PATENT DOCUMENTS

2,803, 11 3
3,753,553
4, 130,994
4,47 1,552
4,727,672
4,9 16,845
4,993 ,362
5,005,309
5, 190,403
5,272,829
5,3 15,779
A
A
A
A
A
A
A
A
A
A
A
811957
8/J973
12/ 1978
9/ 1984
3/ 1988
4/ 1990
2/ 1991
4/ 199 1
3/ 1993
12/ 1993
5/ 1994
Hoad .......................... 405/29

405/29
Bockting ....... .......
Yan Moss, Jr. ... .... .. .... ... 405/27
McIntosh et al ............. I 19122 1
Hill et al . ......................... 43/4
Aydelette, Sr. ................... 43/4
Jimbo ........................ J 19/22 1
Hall ................................ 43/4
Atkinson . . ... . .... . .... . . . . .. 405/29
Roberts et al. ........... .... ... 43/4
Fussell . . . . . ... . .... . .. . .. .... . .... 43/4
f'ri111ary Exam iner- Ja n Simmons

Assistant Examiner- Wan Laymon
(7 4) Allorney, Agent, or Firm- Keisling & Pieper; David B.
Pieper; Meredith K. Lowry
(57)
Cl.A I M
The ornamental des ign for a fi sh retention strucn1re, as shown

and desc ribed .
DESCRIPTION
FJG . 1 is a perspective view of the fish retention strncn1re
showing my new design;
FJG. 2 is a top plan view thereof;
FJG. 3 is a bonom plan view thereof;
FJG. 4 is a fron t view thereof, the back view being the same;
and,
FJG. 5 is a ri ght side view thereof. the left side view being the
same .
1 Cla im, 5 Drawing Sheets
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front
Bock
Exhibit A
U.S. Patent
Oct. 12, 2010
Sheet 1 of 5
FIG. 1
US D625,471 S
U.S. Patent
Oct. 12, 2010
Sheet 2 of 5
TOP
FIG.2
US D625,471 S
U.S. Patent
Oct. 12, 2010
Sheet 3 of 5
FIG. 3
Bottom
US D625,471 S
U.S. Patent
US D625,471 S
Sheet 4 of 5
Oct. 12, 2010
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Front
Back
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U.S. Patent
Sheet 5 of 5
Oct. 12, 2010
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FISH , A-.. oR
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MB1sTree
-
This system allows for ve_rti~al hanging from dock or pier

or horizontal placement on bottom of lake or pond.
Thank you on your purchase of a MOSS BACK FISH ATTRACTOR!

The MOSS BACK FISH ATTRACTOR is proudly made in the USA.
Your MOSS BACK FISH AlTRACTOR consist of one (1) PVC Tube, twelve (12) Composite "Branches," one (1) 5' Mounting
Cable, and one (1) Nylon Bolt w/ locking wingnut
If any parts are missing, contact King Outdoor Enterprises at 479-751_- 4100.
ASSEMBLY INSTRUCTIONS
Read ALL instructions carefully prior to assembling your MOSS BACK FISH ATTRACTOR.
DO NOT place assembled FISH ATTRACTOR in swimming areas or where it might be a
hazard to navigation.
Check your local and state regulations for laws concerning placement of structure.
DO NOT step or stand on compc:inents of FISH ATTRACTOR.
STEP 1 Carefully remove FISH ATTRACTOR from carton.
STEP 2 Remove "V" shaped "Branches" and cable from PVC tube.
STEP 3 With PVC tube standing on top end, (fhe TOP part of the structure is where bolt!wingnut are taped.) starting in the
middle of the tube and working towards the end, begin placing "Branches" through both "V" shaped cut-outs. (You can vary
the arriount of "Branch" sticking out of either side.)
STEP 4 After reaching the end of the Tube, carefully turn partially assembled FISH ATTRACTOR over and repeat step 3, except for
Vertical placement, leave out first branch.
Assembling Cables for Horizontal Placement: (For horizontal assembly, Nylon Bolt and Locking Wingnut are not needed.
Leave cable off if there is no current in fishing location.)
STEP 5 Take the large looped end of cable and run through middle bait fish holes. Pull loop through and insert attachment end
through loop (Fig.1). Pull tight-You are now ready to attach weight as mentioned in MossBack Tips.
Assembling Cables for Vertical Placement (fhe TOP part of the structure is where bott/wingnut are taped.)
STEP 5 Hold larger looped end of cable and insert loop down in pipe. Find hole just below the first "V" cut out, and partially
insert 5" bolt (Fig.2). Arrange loop in pipe where bolt will insert through loop and continue inserting bolt and attach wingnut.
Do not over tighten and distort shape of pipe. Take one of the branches and start into the "V" cut out (Fig.3). Lift up on cable
and slide branch through loop. Branch and bolt should now be through loop (fig.4).
MossBack Tips: (for more tips.go to www.mossbackrack.com)

For horizontal placing on the bottom of a lake/pond, the following is recommended:
Placement of the racks - If you are fishing from a boat and will be casting toward the bank, you will want the bottom of the V's
facing toward the shore. The opposite would be true if fishing from the shore.
Weighting racks - (Product will sink by itself) The weight needed depends on the amount of current in your local lake. Bricks
or blocks are recommended for weighting. Make sure that the cables are not so short that the weight puts pressure on the
branches, leave a little slack.
Fo~ vertical placing weight is not needed.
CONGRATULATIONS! You are now ready to place your MOSS BACK FISH ATTRACTOR and create your favorite new
fishing hole!
These figures also apply to MB2
Exhibit B
....
-;, .
i~
--
MB21o'Tree or (2) S'Trees
~-4"Jft
k--=,,..,
;,j
:-,
.ii
FISH ATTRACTORlM
This system allows for verticaVhorizorital placement

from dock/pier or horizontal placement on bottom
of lake or pond.
Thank you on your purchase of a MOSS BACK FISH ATTRACTORTM!

The MOSS BACK FISH ATTRACTOR is proudly made in the USA.
Your MOSS BACK FISH ATTRACTOR consist of two (2) PVC Tubes, twenty-four (24) Composite "Branches," two (2) 5' Mounting
, Cables, and two (2) Nylon Bolts w/ locking wingnuts. You have the option of making two (2) five foot trees or one (1) ten. foot tree.
If any parts are missing, contact King Outdoor Enterprises at 479-751~ 4100.
ASSEMBLY INSTRUCTIONS
"
.
Read ALL in.structions carefully prior to assembling your MOSS BACK FISH ATTRACTOR.
DO NOT place assembled ASH ATTRACTOR in swimming areas or where it might be
a hazard to navigation.
Check your local and state regulations for laws concerning placement of structure.
DO NOT step or stand on components of FISH ATTRACTOR.
For making two (2) separate five foot trees, please refer to instructions on MB 1.
STEP 1 Carefully remove FISH RACK from carton.

STEP 2 Remove "V" shaped "Branches" and cable from PVC tube.
STEP_3 It is recommended that you attach branches to the 5' trees while they are separated. With PVC tube standing on top end;
{The TOP part of the structure is where boltlwingnut are taped.) starting in the middle of the tube and working towards the end,
begin placing "Branches" through both "V" shaped cut-outs. (You can vary the amount of "Branch" sticking out of either side.)
STEP 4 After reaching the end of the Tube, carefully turn partially assembled FISH ATTRACTOR over and repeat step 3, except for
Vertical placement; leave out first_branch.
Assembling Cables for Vertical Placement: (fhe TOP part of the structure is where boltlwingnut are taped.)
STEP 5 Hold larger looped end of cable and insert loop down in pipe. Find hole just below the first "V" cut out, and partially insert
5" bolt (Fig.2*). Arrange loop in pipe where bolt will insert through loop and continue inserting bolt and attach wingnut Do not
over tighten and distort shape of pipe. Take one of the branches and start into the "V" cut out (Fig.3*). Lift up on cable and slide
branch through loop. Branch and bolt should now be through loop (Fig.4*).
Assembling Cables for Horizontal Placement (For horizontal assembly, Nylon Bolt and Locking Wingnut are not needed. Leave
cable off if there is no current in fishing location.)
STEP 5 - Take the large looped end of cable and run through middle bait fish holes. Pull loop through and insert attachment end
through loop {Fig.1*). Pull tight You are now ready to attach weight as mentioned in MossBack Tips. *Repeat for both 5' pieces.
STEP 6 Attaching the two 5' trees together to make a 10' Tree - After branches have been inserted take the tube that has the
::oi/AR.- "B@lleJ!i Er rd" and slide the next 5' tree up into the~ Line up the~ and iAsert-e!il~lzi@~ bolt SFl@'sJir~g l'lut. (Do no~ overj
A ftA{:J1 HJ l1h 1:/,l.:,.
tighten wing nut and distort pipe.) You are now ready to place your FishRack. < \j '' 'E:, Jcrf-;:;,
~
MossBack Tips: {for more tips go to www.mossbackrack.com)
1 C;
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~DO ,!'., $ ,.~J('-E i:riJ.,
t:?
;,,,
:., '-,.p ....
, ~~
.., ? ,
.
P
a for horizontal placing on the bottom of a lake/pond, the followjng is recommended:

Placement of the racks - If you are fishing from a boat and will be casting toward the bank, you will want the bottom of the V's
facing toward the shore. The opposite would be true if fishing from the shore.
Weighting racks - (Product will sink by itself) The weight needed depends on the amount of current in your local lake. Bricks or
blocks are recommended for weighting. Make sure that the cables are not so short that the weight puts pressure on the branches,
leave a little slack.
This rack can also be placed horizontally under a dock by attaching cables to dock frame. (No weight necessary)
For vertical placing weight is not needed.
CONGRATULATIONS! You are now ready to place your MOSS BACK FISH ATTRACTORn~ and create your favorite new fishing hole!
*See other side for figures.
NOTE: After you have put the limbs through the pipe and you feel some of the
limbs are too loose to stay in position, use the 3" inch plastic wedges provided
in your hardware pack to secure them. Slide one wedge per limb into the slot
in the pipe at a 45-degree angle, on the top side of each limb that is loose. You
can then push the wedges in with your hand or tap them in place with a
hammer or rubber mallet.
limbs are too loose to stay in position, use the 3 inch plastic wedges provided
11
iMOSS
~~
Reg. No. 4,857,670
Registered Nov. 24, 2015
FISH HABITAT
KING OUTDOOR ENTERPRISES , LLLP (ARKANSAS LIMITED LIAB ILI TY LlMITED

PA RTNERSI IIP)
1&53 w HENRJ DE TONTI
SPRINGDALE. AR 72762
Int. Cls.: 19 and 35

TRADEMARK
FOR: NON-ME'JAL ARTir!ClAL FISH REEFS; ARTIFICIAL HABITAT STRUCTURES 1N

THE NATURE OF MODULAR, NON-ME'IAL FORMS FOR SUBMERS ION IN LAKES OR
MAN-MA DE 130DIES OF WATER J,OR FAC I LI1ATJNG FJSH-GATHERJNG AND CULTURJNG
THEREIN,JN CLASS 19 (U.S. CLS. I, 12, 33 AND 50).
SERVICE MARK
FIRST USE 6-6-20 14; JN COMMERCE 6-6-2014.
PRINCIPAL REGISTER
fOR: ONLINE RETA IL STORE SERVICES FEATURlNG ARTIFICIAL FJSH HABITATS, 1N
CLASS 35 (US. CLS. 100, 10 1 AND 102).
FIRST USE 6-6-20 14; JN COMMERCE 6-6-2014.
NO CLA IM IS MADE TO THE EXCLUS IVE RIGHT TO USE "FTSHHABITAT",APARTfROM
TI-JE MARK AS SI !OWN.
THE MARK CONSISTS OF THE WORDS "MOSSBACK" ABOVE "FISH HABI1AT" IN A
STYLIZED FONT BESIDE AN IMAGE OF FISH AROUND A TREE-LIKE STRUCTURE.
SER. NO. 86-177 .044 , FlLED 8-26-2014.
STEVEN PI, RJ.:7,, EXAMINING ATTORNEY
Director of the United States

Patent and Trademark Office
Exhibit C
STATE OF TENNESSEE
Tre Hargett, Secretary of State
Division of Business Services
William R. Snodgrass Tower
312 Rosa L. Parks AVE , 6th FL
Nashville , TN 37243-1102
Filing Information
Name:
American Fish Attractor & Habitat, LLC
General Information
SOS Control #
Filing Type:
Status:
Duration Term:
Managed By:
000788744
Lim ited Liability Company - Domestic
02/13/2015 10:33 AM
Active
Perpetual
Manager Managed
Registered Agent Address

CORPORATION SERVICE COMPANY
2908 POSTON AVE
NASHVILLE, TN 37203-1312
Formation Locale :
Date Formed:
Fiscal Year Close
Member Count:
TENNESSEE
02/13/2015
12
1
Principal Address
88 CARRIAGE HL
SIGNAL MOUNTAIN , TN 37377-2331
The following document(s) was/were filed in th is office on the date(s) indicated below:
Date Filed
Filing Description
Image#
90056-1702
02/13/2015 Initial Filing

Active Assumed Names (if any)
Date
Expires
Exh ibit D
D
About Us
Attractor &
American Fish Tree - 304SS Handle

The American Fish Tree handle
assembly is made from 1/4" 304
stainless steel coiled rod. The light
weight heavy duty patented handle
allows for easy placement and
portablity for all American Fish Tree
stuctures.
Our handle assembly is a unique
feature for fish attractors because
it gives the fisherman complete control
of the fish attractor. The handle lets you:
Safely deploy the fish attractor in
c1
contolled descend;
Move the fish attractor with changing water levels;

Suspend the fish attractor from clocks and piers;
Mark or suspend the fish attractor with a floatation bouy;
Or take the fish attractor out of sevice.
Our patented handle design makes the America n Fish Tree fish attractor the most versatile fish
attractor - for a lifetime.
https://www .americanfishtree.com!index.php?option=com_content&vi ew=article&id=29&1temid=223
Exhibit E
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An1erican Made
Proudly made*'* in the U.SA - -
Webs ite and Website content Copyright American Fish Attractor & Haoital, LLC. - Patenteo Design - Website Developn,ent and
Hosting by Scenic City Productions. Photos iJy Scenic City Productions and, 1 SturJos Photography.
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King v. American Fish Attractor and Habitat - Complaint

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King v. American Fish Attractor and Habitat - Complaint

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Case 5:16-cv-05128-TLB Document 1

Filed 06/07/16 Page 1 of 9 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF ARKANSAS

DOUGLAS F. YOUNG, Clerk

DAVID KING and KING OUTDOOR

/l,-<;'J ;2 J> ~J_/3

COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF

Parties, Jurisdiction and Venue

Mr. King is an individual resident of the state of Arkansas and a resident of

KOE, is an Arkansas limited partnership that has its principal place of

business located in this judicial district.

KOE is the owner of U.S. Trademark Reg. No.

4,857,670 (the "KOE Trademark").

Case 5:16-cv-05128-TLB Document 1

Filed 06/07/16 Page 2 of 9 PageID #: 2

Defendant is a limited liability company organized and existing under the

Jurisdiction is proper in this Court pursuant to 28 U.S.C. 1331 and 1338 in

Venue is proper in this district pursuant to 28 U.S.C. 1391 in that a

KOE is the manufacturer of the popular Mossback artificial fish habitat

("Mossback"). This product is a fish retention structure that is submerged in bodies of

products that are manufactured and sold by KOE.

Case 5:16-cv-05128-TLB Document 1

Filed 06/07/16 Page 3 of 9 PageID #: 3

Assembly of the KOE fish habitat products is described in literature that is

In addition to the '471 Patent, KOE is also the owner of numerous

On or about February 13, 2015, Defendant was formed in the State of

Tennessee. A copy of filing information of Defendant is attached hereto as Exhibit D and is

Defendant operates a website at the domain www.americanfishtree.com at

which its products are displayed.

Case 5:16-cv-05128-TLB Document 1

Filed 06/07/16 Page 4 of 9 PageID #: 4

As is seen on Defendant's website, the design of Defendant's products is

In addition to copying Plaintiffs design, in violation of the '471 Patent,

Defendant has copied the KOE Trademark.

The KOE Trademark features a fish

the KOE Trademark.

Defendant's mark also features a fish superimposed over a fish

Case 5:16-cv-05128-TLB Document 1

Filed 06/07/16 Page 5 of 9 PageID #: 5

Defendant's use of such a similar trademark for identical good creates

confusion in the marketplace that is damaging to Plaintiffs.

forth herein verbatim.

Upon information and belief set forth in the foregoing paragraphs,

In the eye of the ordinary observer, giving attention as purchasers of fish

Case 5:16-cv-05128-TLB Document 1

Filed 06/07/16 Page 6 of 9 PageID #: 6

this patent since Defendant was formed, on or about February 3, 2015.

Because of Defendant's infringement of the '471 Patent, Mossback Fish

Habitat has suffered damages yet to be determined.

forth herein verbatim.

entitled to protection under both federal law and common law.

mast with elongated angled armed fish habitat structure.

Case 5:16-cv-05128-TLB Document 1

Filed 06/07/16 Page 7 of 9 PageID #: 7

Defendant's infringement of KOE King Trademark has caused damages to

Mossback in an amount yet to be determined.

Defendant's infringement constitutes intentional conduct such to warrant an

award of treble damages, attorney's fees, and costs as proper.

cause irreparable harm to Mossback such that injunctive relief is proper.

Count III -Trademark Infringement under Ark. Code Ann. 4-71-212

forth herein verbatim.

as early as June 6, 2014.

mast with elongated angled armed fish habitat structure.