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Case 3:19-cv-02872-C Document 1 Filed 12/04/19 Page 1 of 91 PageID 1

IN THE UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

LONGHORN LOCKER COMPANY, §


LLC and AMERICAN INDEPENDENCE §
MANUFACTURING, LLC collectively §
doing business as LONGHORN §
LOCKER, AMERICAN §
INDEPENDENCE MANUFACTURING §
and AIM §
§ CASE NO. 3:19-cv-2872
Plaintiffs, § JURY TRIAL DEMANDED
v. §
§
HOLLMAN, INC., CRYSTAL CLEAR §
CREATIVE, LLC, KELLIE MATHAS, §
and TITAN OF LOUISIANA, INC. §
§
Defendants §

PLAINTIFFS’ ORIGINAL COMPLAINT

Plaintiffs Longhorn Locker Company, LLC and American Independence Manufacturing,

LLC d/b/a Longhorn Locker, American Independence Manufacturing and AIM file this original

complaint against Defendants Hollman, Inc., Crystal Clear Creative, LLC, Kellie Mathas, and

TITAN of Louisiana, Inc. and would show the Court the following:

I. PARTIES

1. Plaintiff Longhorn Locker Company, LLC d/b/a Longhorn Locker (Longhorn

Locker) is a Texas limited liability company with its principal place of business located at 503

County Road 109, Venus, Texas 76084. Plaintiff Longhorn Lockers is the exclusive master

distributer of custom lockers manufactured by its affiliate, Plaintiff American Independence

Manufacturing, LLC.

2. Plaintiff American Independence Manufacturing, LLC d/b/a American

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Independence Manufacturing or AIM (AIM) is a Texas limited liability company with its principal

place of business located at 503 County Road 109, Venus, Texas 76084. Plaintiff AIM

manufactures custom lockers for its affiliate and exclusive master distributer, Plaintiff Longhorn

Lockers.

3. Plaintiffs Longhorn Locker and AIM collectively do business as, are recognized

by, and are generally known as Longhorn Locker Company, Longhorn Locker, American

Independence Manufacturing and AIM (collectively, Longhorn).

4. Defendant Hollman, Inc. (Hollman) is Texas corporation with its principal place of

business located at 1825 West Walnut Hill Lane, Suite 110, Irving, Texas 75038 and may be served

by and through its registered agent Vi B. Ho at 1825 West Walnut Hill Lane, Suite 110, Irving,

Texas 75038.

5. Defendant Crystal Clear Creative, LLC (Crystal Clear) is a Louisiana limited

liability company with its principal place of business in New Orleans, Louisiana and may be served

by and through its registered agent Kellie Mathas at 680 Ferriday Ct., Harahan, Louisiana 70123.

6. Defendant Kellie Mathas (Mathas) is an individual who resides at 680 Ferriday

Court, Harahan, Louisiana 70123. At all relevant times, Mathas was acting within the course and

scope of her employment with and as owner and creative director of Crystal Clear.

7. Defendant TITAN of Louisiana, Inc. (TITAN) is a Louisiana corporation with its

principal place of business in New Orleans, Louisiana and may be served by and through its

registered agent Nicole M. Babb at Kings & Jurgens, LLC located at 201 St. Charles Avenue, 45th

Floor, New Orleans, Louisiana 70170.

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II. JURISDICTION AND VENUE

8. This Court has original jurisdiction under 28 U.S.C. § 1338 because this is a civil

action arising under an Act of Congress relating to copyrights and patents. This Court also has

federal question jurisdiction under 28 U.S.C. § 1331 for federal trade-secret misappropriation

claims brought under 18 U.S.C. § 1836. This Court also has supplemental jurisdiction over the

state law claims under 28 U.S.C. § 1367 because the state law claims are so related to those claims

for which this Court has original jurisdiction that they form part of the same case or controversy

under Article III of the United States Constitution.

9. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391. A substantial

part of the events or omissions giving rise to the claims occurred within this District, and

Defendants are subject to personal jurisdiction in this District because Hollman’s principal place

of business is in Dallas, Texas; TITAN agreed that the venue of any dispute under the Vendor

Confidentiality & Non-Use Agreement shall be in Dallas County, Texas; and Crystal Clear and

Mathas intentionally encouraged a Texas corporation to commit direct copyright infringement in

this District.

III. FACTUAL BACKGROUND

A. Longhorn

10. Longhorn designs, manufacturers, sells, and installs custom lockers for

professional, collegiate, and high school sports teams. Longhorn was founded in 2005 and is

located in Venus, Texas where it maintains its design center—called the “Vault”— as well as its

manufacturing facility and showroom. For over a decade, Longhorn’s skilled designers, craftsmen

and artisans have created and manufactured unique and stylish lockers to help discerning

professional and collegiate sports teams across the country personalize locker rooms of every style.

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The result is a high-quality locker assembled using stainless steel, state-of-the-art technology and

reflecting beautiful craftsmanship, the quality standards of an industry leader and the personal

vision of Longhorn’s customers.

11. Longhorn has earned a well-established reputation in the industry for maintaining

the highest quality standards and incorporating new and innovative designs into its state-of-the-art

lockers. As a result, it has had the privilege to work on some of the most prestigious locker room

projects in the nation, including the Dallas Cowboys, the Baltimore Ravens, University of

Alabama, University of Texas, Texas Christian University and many more. Many professional

and collegiate sports teams across the country are spending millions of dollars renovating team

locker rooms. These locker rooms are no longer simply basic changing and storage areas with

standard box-style lockers. Instead, these newly-designed locker rooms are used as recruiting tools

and are therefore exquisitely designed with state-of-the art furnishings, amenities and lockers.

Longhorn’s lockers are custom designed and typically include team logos, specialized lighting,

ventilation systems, digital lock boxes, display cases, telephone chargers, hidden storage spaces

and sometimes even television monitors.

12. Since its founding, Longhorn has spent thousands of hours creating, designing, and

developing unique and ornamental design features, artistic and creative design elements, and trade

secret manufacturing techniques and systems that Longhorn incorporates into each of its custom

lockers for its customers. Along the way, Longhorn and Sam Allen—the named inventor, founder

and Chief Executive Officer of Longhorn—have sought to protect their unique and original

creations incorporated into Longhorn’s lockers by obtaining numerous utility patents, design

patents and copyrights for their lockers and locker designs, including U.S. Patent No. 10,080,433

(the ‘433 Patent), U.S. Patent No. 10,299,583 (the ‘583 Patent), U.S. Patent No. D826,602 (the

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‘602 Patent), U.S. Patent No. D845,680 (the ‘680 Patent), U.S. Patent No. 10,477,964 (the ‘964

Patent), U.S. Patent No. 10,376,049 (the ‘049 Patent) and U.S. Copyright Registration No. VA-2-

153-424 (the ‘424 Registration). In addition, there are twelve pending patent applications,

including application Serial Nos. 15/639,117, 15/804,286, 15/832,073, 15/897,875, 29/687,844,

16/429,895, 16/454/161, 16/686,991, 15/639,216, 16/515,605, 16/549,528, 16/546,977 and a

pending copyright application No. 1-8073830571 (the ‘571 Application). 1

13. Longhorn is the exclusive licensee of the ‘433, the ‘583, the ‘602, the ‘680, the

‘964, and ‘049 Patents and the owner of the ‘424 Registration and the ‘571 Application. True and

correct copies of the ‘602 Patent, the ‘424 Registration, and the ‘571 Application are attached

hereto as Exhibits A-C. Longhorn respects the intellectual property rights of its competitors and

expects its competitors to do the same.

B. Hollman

14. Hollman is one of Longhorn’s direct competitors. Hollman was founded in 1976.

In its early years, Hollman was principally in the business of designing and installing racquetball

courts. Later, Hollman began manufacturing and selling gym lockers to fitness centers, clubs,

resorts, and spas. Hollman’s lockers are primarily made of wood, laminate and phenolic materials.

15. In 2011, Hollman began focusing on building lockers for the professional and

collegiate sports markets. Hollman has sold custom team lockers to Texas A&M, Ohio State

Longhorn filed this copyright infringement action based on the ‘424 Registration pursuant to 17 U.S.C. §
1

501 and the ‘571 Application pursuant to 17 U.S.C. § 411(a). In accordance with 17 C.F.R. 205.13, Longhorn served
notice of the institution of the action and a copy of the complaint on the Register of Copyrights by sending such
documents by certified mail to the General Counsel of the Copyright Office at U.S. Copyright Office, P.O. Box 70400,
Washington, DC 20024–0400. The notice was in the form of a letter that clearly identified the notice as a § 411(a)
notice. Both the letter and the envelope stated: “Section 411(a) Notice to the Register of Copyrights.” In compliance
with Fed. R. Civ. P. 4(i), a notice of the institution of the action and a copy of the complaint was also served on both
the United States Attorney for the Northern District of Texas and the United States Department of Justice, directed to
the Attorney General, Attn: Director of Intellectual Property Staff, Civil Division, Department of Justice, Washington,
DC 20530.

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University, Auburn University, Georgia Tech, the University of Southern California, the Dallas

Mavericks, the Chicago Cubs and others. Hollman claims to be the largest manufacturer of lockers

for sports teams, fitness facilities, country clubs and corporate office spaces in the United States.

Hollman generates revenues totaling $72 million.

C. Longhorn and Hollman compete head-to-head in the highly-competitive custom


locker market

16. Hollman and Longhorn are fierce competitors. Although Longhorn and Hollman

are “frequently competing for the same business,” Hollman brags that it has a dominant “80%

market share” and always viewed Longhorn as “a minor and insignificant competitor in the locker

and manufacturing industry.” Travis Hollman—Hollman’s president—intensely dislikes and

despises Longhorn. He repeatedly disparages Longhorn and its products and said on multiple

occasions that he intended to “crush” Longhorn and “put them out of business.”

D. Litigation ensues in state court between Longhorn and Hollman

17. After Longhorn introduced its high-end custom lockers into the market, Hollman

embarked on a campaign to gain an industry advantage and market share by copying Longhorn’s

copyrighted works, stealing Longhorn’s confidential trade secret information and unlawfully

poaching Longhorn’s customers.

18. When Longhorn learned Hollman had improperly acquired and used Longhorn’s

confidential and trade secret information to win a contract with the New Orleans Saints in 2017,

Longhorn filed suit in the 95th Judicial District Court in Dallas County, Texas asserting a claim for

violation of the Texas Uniform Trade Secrets Act (TUTSA), TEX. CIV. PRAC. & REM. CODE §

134A.001-.008 (2017). This lawsuit is still pending.

19. During the course of discovery in the state court action, Longhorn discovered that

Defendants Hollman, Crystal Clear, Mathas and TITAN (either individually or collectively)

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directly and literally infringed the ‘602 Patent exclusively licensed to Longhorn, directly and

contributorily infringed Longhorn’s copyrighted works, including the copyrighted works reflected

in the ‘424 Registration and the ‘571 Registration, willfully and maliciously misappropriated

Longhorn’s trade secrets, materially breached Longhorn’s Vendor Confidentiality & Non-Use

Agreement, and tortiously interfered with Longhorn’s perspective contract with the New Orleans

Saints. This wrongful conduct was designed not only to destroy Longhorn’s relationship with the

New Orleans Saints but also to gain an unfair competitive advantage over Longhorn in the

marketplace and “crush” Longhorn as a competitor. Longhorn could not bring claims for patent

and copyright infringement against Hollman in state court because these claims are within the

original jurisdiction of this Court. 28 U.S.C. § 1338.

E. The New Orleans Saints contact Longhorn about designing and manufacturing
new custom lockers for its renovated locker room

20. The catalyst for the dispute between Longhorn and Hollman arose in 2016 when

Longhorn was contacted by the New Orleans Saints football team about designing and

manufacturing new custom lockers for its renovated locker room. On February 19, 2016, John

Baumgartner, the equipment manager for the New Orleans Saints, contacted Longhorn about the

renovation of the Saints’ football locker room. In response, James Weiss—Longhorn’s vice

president of sales—responded “Longhorn would love to work with the New Orleans Saints” and

asked about scheduling a time to discuss the project.

21. After discussing the project with the Saints, Longhorn began the process of

designing and manufacturing a full-scale working mock-up locker for the Saints as depicted below:

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22. Longhorn’s locker for the Saints is a creative interpretation of a stylized football

field with a sleek and contemporary feel. See Exhibit C. The locker is in the shape of a long

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rectangle—the same shape as a football field. A decorative football-shaped cut out is molded into

the leather seat back with horizontal openings, suggesting the line of scrimmage of a football field.

The locker is adorned with sleek and contemporary shiny metallic trim pieces, suggesting the yard

lines of a football field. On the upper portion is a colored back-lit nameplate to display a player’s

name and number, suggesting the endzone of a football field. On the opposite end is a modern

metallic inset screen with a clean, round perforated grill pattern used as a backdrop to display a

team name or logo, suggesting the opposite endzone of a football field. There are matching

decorative contours and carvings on each of the side panels, suggesting the sidelines of a football

field to separate the field of play from out of bounds. The locker is carved in wood, formed in

leather, decoratively lit with back lighting and trimmed in stainless steel. The dramatic use of light

and shadows brings the locker to life and adds a warm look and feel to the locker’s otherwise

contemporary style. In addition, the choice to adorn the locker with stylized yard lines made of

metallic trim pieces adds a feeling of movement to the design. The locker combines multiple types

of shapes in a variety of sizes, textures, colors, materials and perspectives culminating in a creative

work that goes beyond the mere display of a few standard geometric shapes in a preordained or

obvious arrangement.

23. The claimed ornamental and decorative features of Longhorn’s copyrighted work

are depicted below:

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Exhibit C.2

24. On March 3, 2016, Allen and Weiss of Longhorn met with Sean Payton (the Saints’

head coach) to go over Longhorn’s locker designs.

25. On March 7, 2016, Allen and Weiss again traveled to the New Orleans Saints’

facilities with Longhorn’s mock-up locker. Longhorn set-up its mock-up locker in the Saints’

2
Detailed information regarding the original authorship and creative expression found in Longhorn’s
copyrighted sculptural work can be found infra at ¶¶ 107—114.

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locker room and showed it to Coach Payton, Baumgartner, Mickey Loomis (the Saints’ executive

vice president and general manager), Jessica Richardson (the Saints’ executive director of

marketing) and Kelli Mathas of Crystal Clear (an interior designer retained by the Saints).

Longhorn’s locker as displayed in the Saints’ locker room is graphically depicted below:

Exhibit D.

26. True and correct copies of the photographs taken from Longhorn’s March 7, 2017

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visit to Saints’ facilities are attached hereto as Exhibit D.

27. After this meeting and based upon recommendations from the Saints, Longhorn

prepared seven renderings of its proposed locker design for the Saints’ review.

28. True and correct copies of these renderings are attached hereto as Exhibit E, one of

which is graphically depicted below:

Longhorn’s Copyrighted Rendering

Exhibit E.

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Longhorn’s Copyrighted Rendering

Exhibit E.

29. It took a Longhorn designer approximately nine and a half hours to prepare each

rendering for a total of over 66 hours. On March 17, 2016, Longhorn sent these seven renderings

to Coach Payton, Loomis and Baumgartner through a secure online transfer application called

“WeTransfer.” In Longhorn’s submission to the Saints, Longhorn included a conspicuous

“INTELLECTUAL PROPERTY NOTICE” warning:

Any and all enclosed or attached documents which contain drawings, plans,
specifications, or pricing produced by Longhorn Lockers, LLC are the sole property
of Longhorn Lockers, LLC. Such information is intended to be confidential in
nature and used only by authorized representatives of entities subject to a Non-Use
and Non-Disclosure Agreement with us. Any unauthorized or third-party use of
this information will result in legal action.

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30. In addition, Longhorn included a copyright notice (or ©) on its renderings and

stated that these renderings and the information disclosed in them are the exclusive property of

American Independence Manufacturing, a Longhorn affiliate. Longhorn also warned that any

reproduction or use of the drawings/designs, in whole or in part, without express written consent

of American Independence Manufacturing is prohibited. Longhorn received a download

confirmation notice that the Saints downloaded the files from WeTransfer on March 17-18, 2016.

Longhorn understood and expected the Saints, and anyone working with the Saints, would

maintain the confidentiality of Longhorn’s information and would not use or reproduce copies of

them.

F. Kellie Mathas of Crystal Clear reaches out to Hollman and discloses Longhorn’s
confidential locker design

31. On December 21, 2016, Mathas emailed Gary Schlatholt—Hollman’s athletic

division director. Schlatholt was employed by Hollman from October 2015 to April 2017 and was

at all relevant times a representative of Hollman who directly reported to Hollman’s vice president

and frequently interacted with Travis Hollman, Hollman’s president.

32. In her email to Schlatholt, Mathas discussed “working with Hollman as our option.”

Attached to her email was a .pdf image entitled “PastedGraphic-1.pdf.” The attached .pdf image

was a photograph of the mock-up locker that Longhorn confidentially displayed at the Saints’

facilities on March 7, 2016. Mathas emailed the photograph of Longhorn’s mock-up locker to

Longhorn’s direct competitor, Hollman, without Longhorn’s consent or authorization. Mathas

explained to Hollman that the attachment was sample mock-up shown to the Saints that “they

seemed pleased with.” Mathas said she could send Hollman some additional pictures and a layout

of the existing locker room if that would help. Mathas asked: “What else do you need to get started

to ensure we get some sort of visual.”

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G. Hollman prepares its own locker design and quote for the Saints locker project

33. On December 22, 2016, Schlatholt emailed Mathas a PowerPoint presentation of

Hollman’s 2016 locker projects and asked her to “take a look through these slides and maybe we

can collaborate to come up with a design that will wow the coach!” Schlatholt requested that

Mathas “[p]lease keep these photos and rendering confidential.” Mathas responded “yes I will

keep it confidential and I assume that was the same with you all with my info I was sharing.”

Schlatholt responded: “Absolutely.”

34. On January 4, 2017, Schlatholt forwarded to Mathas Hollman’s pricing for two

different sized lockers. Mathas then forwarded Hollman’s pricing to Kimberly Finney of Kimberly

Finney Architects, LLC (Finney). Finney was the architect retained by the Saints to design and

oversee the Saints’ locker renovation project. Finney compared Hollman’s pricing to Longhorn’s

pricing. Finney thereafter emailed Mathas and stated that “right away, I can see the cost difference

in that the interior of Longhorn lockers are more high end with more stainless steel on the interior

where [Hollman’s lockers] both have plastic laminate.” Finney also said that “[t]he Longhorn

lockers are also larger.” Finney stated that “Longhorn looks like there is more lighting, logos and

accessories.”

35. On January 5, 2017, Schlatholt emailed to Mathas Hollman’s first proposed

rendering of the Saints lockers and stated “[h]ere’s a concept, that we can tweak.” Hollman’s

rendering depicts four box-style lockers as shown below:

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36. On the footlocker of each Hollman locker was a rectangular inset which Hollman

indicated would include “brushed metal laminates or solid surface front,” and an “optional black

back pinted (sic) front.” Hollman’s rendering also included “double doors with optional darkened

hardware pulls” and an interior that “include[d] [a] coat rod, wardrobe hooks, and shelving.”

Hollman’s rendering depicted a “helmet storage” compartment located on the right side of the

locker and a “lock box with Digilock” located on the left side of the locker.

37. Unlike Longhorn’s copyrighted work, Hollman’s initial proposed rendering

submitted to the Saints did not include an ornamental split-back seat design, metallic trim, accent

pieces or a perforated grill pattern on the inset of the footlocker, or matching decorative contours

on the side panels of its locker.

38. On January 12, 2017, Schlatholt emailed Mathas stating, “[h]ere is pricing for the

exact locker from the original picture you sent” on December 21, 2016. In Hollman’s quote,

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Hollman quoted pricing for new features on its locker including “custom folding cushion seat back

in lieu of door,” “metal vented grill at bottom section,” “stainless clad” shelf liners and the lift-up

bench, just like Longhorn’s copyrighted work.

H. Longhorn prepares revised renderings and a quote for the Saints locker project

39. In the meantime, on January 13, 2017, Weiss of Longhorn emailed Loomis of the

Saints. In his email, Weiss attached Longhorn’s up-to-date quote along with Longhorn’s revised

renderings. At the bottom of Wiess’ email, Longhorn again included its “INTELLECTUAL

PROPERTY NOTICE.” Longhorn’s renderings also included a copyright notice ( or ©) and a

warning that the renderings are the exclusive property of American Independence Manufacturing,

a Longhorn affiliate. Longhorn also warned that any reproduction or use of the drawings/designs,

in whole or in part, without express written consent of American Independence Manufacturing is

prohibited. Later that same day, Loomis forwarded Weis’ email to Mathas. Mathas then

forwarded Weiss’ email to Finney and cautioned her “this is confidential and not to be shared

beyond you and Tom” Gozdzialski. Tom Gozdzialski is the president of Titan, who was the

general contractor for the Saints’ locker room renovation project. Richardson of the Saints sent

an email to Mathas warning her, “FYI – I assured Mickey [Loomis of the Saints] that you wouldn’t

send Longhorn’s quote or share their price with Hollman.”

I. Hollman offers to make Longhorn’s “exact” locker

40. On January 18, 2017, Travis Hollman—Hollman’s President—emailed Mathas,

stating “[m]y team and I want to do this project.” He explained that “[Hollman] can make the

exact locker that [Longhorn] ha[d] as a sample at the [Saints’] facility except make it engineered

to last a lot longer.”

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J. Hollman presents its sample locker to the Saints, but the Saints were under
impressed

41. Immediately after receiving Hollman’s message, Mathas replied stating, “Thank

you so much for all of this it is very helpful.” Mathas suggested that “[i]f it was (sic) me I would

personally rent a truck, put 3-4 models in it and drive it to New Orleans tomorrow and meet Mickey

and coach Payton face to face . . . . At least you can say your company did everything in its power

to get this job.” Hollman responded, “[t]his can be done if you can get the meeting set up.”

42. After Mathas setup the meeting for January 18, 2017, Schlatholt immediately

traveled to New Orleans to present Hollman’s model locker to Mathas as well as Mickey Loomis

and Coach Payton of the Saints. The Hollman locker Schlatholt presented was a sample locker

Hollman had in its showroom. Hollman had earlier presented its sample locker to TCU but lost

the project to Longhorn. Unlike Longhorn’s locker, Hollman’s TCU sample locker did not have

Longhorn’s split-back seat feature.

43. On January 20, 2017, Mathas emailed Schlatholt stating that “[a]fter much back

and forth I was voted out” and that Hollman did not get the Saints’ job. Mathas explained that

“unfortunately [Hollman’s] TCU sample threw them off,” and “[t]hey just struggle with seeing

beyond what’s right in front of them.” Mathas stated “I wanted to thank you and Travis for doing

everything in your power to get the saints (sic) job. . . . my apologies for it not going your way.”

Mathas concluded: “Certainly, should [the Saints] have any issues as you all have shared concerns

of other teams than (sic) that will be more the reason to get you back in.”

K. Longhorn is awarded the Saints’ locker project

44. On January 20, 2017, Mathas emailed Weiss of Longhorn. Mathas confirmed that

the Saints had chosen Longhorn for its locker room project and asked Weiss to modify Longhorn’s

agreement to include what they had previously discussed. Later that day, Weiss replied to Mathas,

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stating “[w]e agree to the terms but will need a contract to make it official.” That same day, Weiss

emailed Mathas a copy of Longhorn’s purchase agreement. In the purchase agreement, Longhorn

provided pricing for the delivery and installation of its lockers. In the email attaching the purchase

agreement, Longhorn put Mathas on notice that “[a]ny and all enclosed or attached documents

which contain . . . pricing . . . is intended to be confidential in nature . . . .” Weiss requested that

Longhorn’s purchase agreement be signed and returned to him.

45. On January 31, 2017, Gozdzialski of TITAN, the general contractor for the Saints

locker project, visited Longhorn’s facilities in Texas. Gozdzialski told Longhorn that the purpose

of his visit was to discuss the installation of Longhorn’s lockers into the electrical system of the

Saints’ locker room. Before Longhorn allowed TITAN to examine Longhorn’s mock-up of its

Saints locker, Longhorn required TITAN to execute a Vendor Confidentiality & Non-Use

Agreement. Gozdzialski executed the Agreement on behalf of TITAN, a true and correct copy of

which is attached hereto as Exhibit F.

46. In the Agreement, TITAN agreed that Longhorn was “the copyright owner in all

copyrightable works of every kind and description . . . created or developed by them for purposes

of Design Drawing submission to Customer.” Id. at ¶ 2.1. TITAN agreed that it would not

“disclos[e] . . . any design . . . conceptualization, idea, configuration and composition of patterns,

color, products, materials, handicraft or other intellectual property . . . (whether in whole or in part)

created by Longhorn Locker Company, LLC and submitted to [TITAN] for review and execution

of scope of work.” Id. at ¶ 1.1. TITAN also agreed “to safeguard all confidential information at

all times so that it is not exposed to or taken by unauthorized persons and will exercise best efforts

to ensure its safe keeping.” Id. at ¶ 1.2. TITAN further agreed that it would “not use or divulge

any confidential information for the benefit of any person or entity other than [Longhorn].” Id at

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¶ 1.3. Finally, TITAN agreed that it would “at no time, transfer, . . . disclose . . . or misappropriate

any confidential information . . . .” Id at ¶ 1.5.

47. TITAN inspected Longhorn’s Saints mock-up locker and took four photographs of

the locker without Longhorn’s knowledge or consent.

L. Mathas of Crystal Clear contacts Hollman and provides Hollman copies of


Longhorn’s copyrighted renderings and information about Longhorn’s
confidential pricing

48. On February 2, 2017, Mathas secretly reinitiated contact with Schlatholt at

Hollman, emailing: “Hi Gary it’s Kellie for the Saints call me when you can thank you !” Later

that day, Mathas sent Schlatholt an email with the subject line “sample.” Mathas attached as a

copy to her email Longhorn’s copyrighted locker renderings without Longhorn’s authorization or

consent. Longhorn’s renderings were altered because someone removed Longhorn’s name, logos

and copyright notice (or ©) from the renderings. Although Longhorn’s altered renderings were

attached to Mathas’ email, Mathas denied deleting Longhorn’s information. She explained to

Schlatholt that “this was the general look” of the locker that the Saints liked. She also said “they

want the seat to function that way . . . .” Mathas then asked Schlatholt: “What else do you need?”

Schlatholt responded, “[w]e went through each line item, and I do not see anything on here that

we cannot build to equal or greater quality. I can get this done for under $365k. I will get you

formal pricing tomorrow.” Mathas replied, “ok thank you that’s what I needed and I think getting

it under 365 would seal the deal.”

49. On February 3, 2017, Mathas emailed Schlatholt a revised construction timeline for

the Saints project with a completion date of July 20, 2017. Schlatholt told Mathas that Hollman

could “definitely meet that date.” Mathas requested that Hollman provide a quote. When Mathas

received Hollman’s quote, she expressed concern that, with tax not included, Hollman’s quote was

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too close to Longhorn’s contract price stating “[c]rap that’s not good…that brings up (sic) closer

to [Longhorn’s] quote . . . .”. She explained “we should be approx.. $12-$15K less than

[Longhorn’s quote] for the same locker, with a better warranty.”

50. Schlatholt and Mathas later admitted that Mathas provided Hollman both

Longhorn’s copyrighted locker renderings and a good idea of Longhorn’s bid numbers. Schlatholt

also admitted that he knew all along that these were Longhorn’s renderings and bid numbers, and

Hollman was “just working to try and to just beat Longhorn Locker’s numbers so [Hollman] could

get the work.”

51. On February 6, 2017, Mathas emailed Schlatholt stating that “when you send

revised quote for new taller locker please also include the option for the shoulder pad gear rack

and tray drop down or we still will not be comparing the same locker” as Longhorn. Schlatholt

responded that “Ok, I will put those as added items on the same quote. what is the ‘tray drop down’

is referring to? Is this a pull out shoulder pad unit and a drop down?”

52. Hollman provided the Saints a sales quote, which included all the features depicted

in Longhorn’s copyrighted locker for a total estimated purchase price of $354,728.84, which was

nearly $23,071.16 less than Longhorn’s proposed contract price of $377,800.

53. On February 7, 2017, Jessica Richardson of the Saints, emailed Mathas, indicating

that Mickey Loomis was “nervous because he hasn’t really seen anything from [Hollman] to have

the confidence they can do this, but he said he trusts [Mathas] – so make sure they don’t eff this

up!”. A couple minutes later, Mathas forwarded this email to Schlatholt stating, “Gary see below

. . . no pressure here or anything!”

M. Hollman copies Longhorn’s copyrighted renderings and undercuts Longhorn’s


price

54. On February 7, 2017, Weiss sent Mathas three of Longhorn Locker’s copyrighted

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renderings of the Saints football locker he sent to Mathas through WeTransfer. Each copyrighted

rendering included a copyright notice ( or ©) and a prominent warning that said “[t]hese drawings

and the information it discloses is exclusive property of American Independence Manufacturing

any reproduction or use of this drawings/designs in part of in whole without express written

consent of American Independence Manufacturing is prohibited.” Each rendering also bore

Longhorn’s FUSION DEFENDER™ word and design marks and Longhorn’s AIM™ design

mark.

55. Later that same day, Mathas sent Schlatholt an email with the subject line “Custom

Saints Locker Renderings.” In the email, Mathas copied and sent as an attachment three of

Longhorn’s copyrighted renderings of the Saints football locker to Hollman, Longhorn’s direct

competitor. Mathas told Schlatholt to “pay no attention to that logo they used that is wrong.”

56. Schlatholt admitted in his deposition that he “immediately recognize[d] . . .

Longhorn’s logo” on Longhorn’s renderings and assumed that Longhorn created the renderings.

Schlatholt also understood Longhorn’s copyright warning to mean “don’t copy that design—don’t

copy that rendering.” Schlatholt confessed that he knew that “some locker companies treats (sic)

their designs as trade secrets” . . . and was “aware of the fact that Longhorn has people sign

nondisclosure agreements.” Yet, Schlatholt admitted that he simply forwarded Longhorn’s

renderings to Bryan Martin, an independent contractor who prepared 3-D renderings for Hollman

and asked Martin to prepare similar renderings for Hollman.

57. On February 7, 2017, Schlatholt copied and sent as an attachment Longhorn’s

copyrighted renderings to Martin. In his email, Schlatholt said “[h]ere are a few more,” and copied

as attachments Longhorn’s copyrighted renderings entitled “Saints 1.jpeg,” “Saints 2.jpeg,” and

“Saints 3.jpeg.”

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58. Schlatholt specifically told Martin to copy what was depicted in the renderings he

sent him. Schlatholt did not disclose to Martin that the renderings were copyrighted works created

by Longhorn. At the time, Martin did not know the source of the renderings or who prepared them.

He assumed Hollman had previously prepared these renderings for another customer, and

therefore, Martin did not have problem with duplicating or copying them. Schlatholt told Martin

he “needed the project done by tomorrow” so that Hollman could put a bid in for a project. Martin

responded that it might take him all night, but he believed he could do it.

59. On February 8, 2017, at 4:08 AM, Martin emailed Schlatholt stating that “[t]his is

as far as I was able to get tonight/yesterday (4 am).” As requested, Martin created locker

renderings for Hollman that were virtually identical to Longhorn’s copyrighted renderings as

graphically depicted below and attached hereto as Exhibit G:

Hollman’s Infringing Rendering (Exhibit G)

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Longhorn’s Copyrighted Rendering (Exhibit E)

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Hollman’s Infringing Rendering (Exhibit G)

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Longhorn’s Copyrighted Rendering (Exhibit E)

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Longhorn’s Copyrighted Rendering (Exhibit E)

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60. Before the Saints project, Hollman had never designed or manufactured a locker

that included a split-back seat feature like that created by Longhorn.

61. On February 8, 2017, Schlatholt copied and sent as an attachment to Mathas copies

of Longhorn’s copyrighted renderings prepared by Martin.

62. In their depositions, Hollman, Schlatholt, Mathas and Finney all admitted that

Longhorn’s copyrighted renderings and Hollman’s renderings prepared by Martin look very

similar to each other. In fact, the renderings prepared by Hollman and Longhorn are so similar

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that even Travis Hollman, Hollman’s president and CEO, was confused and unable to tell them

apart at his deposition.

63. Schlatholt testified that in his experience with working at Hollman, it was common

knowledge among Hollman employees—even its president, Travis Hollman—that Hollman would

“take a rendering from someone else and use it as a baseline for [Hollman’s] own renderings.”

Schlatholt testified that it was “commonplace” for Hollman to “get a competitors’ rendering and

use it in part of [Hollman’s] design.”

64. Martin later prepared additional copies of Longhorn’s copyrighted renderings and

sent them to Schlatholt. Schlatholt specifically requested that Martin remove the “pull out shoulder

pad,” among other features, because he was “[n]ot sure [Hollman] can produce that.” Once Martin

made the requested modification and sent it to Schlatholt, Schlatholt copied and sent to Mathas as

an attachment Martin’s copies of Longhorn’s copyrighted renderings.

65. On February 13, 2017, Bobby Huey—Hollman’s sales director for its athletic

division—sent Finney an email stating that “[w]e are grateful for the opportunity to work with the

New Orleans Saints on the upcoming locker project.” Huey copied and sent as an attachment

Martin’s copies of Longhorn’s copyrighted renderings. In addition, he attached a copy of

Hollman’s proposed contract with the New Orleans Saints and requested that the contract be signed

“as soon as possible.”

N. TITAN materially breaches Longhorn’s Vendor Confidentiality & Non-Use


Agreement and furnishes unauthorized photographs of Longhorn’s mock-up
locker to Hollman

66. On February 14, 2017, Gozdzialski of TITAN emailed Hughey of Hollman. In

material breach of its agreement with Longhorn, TITAN “attached some photos of the similar

Longhorn Locker which shows the locker has a metal plenum built on the back side of the locker.”

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Attached to the email was a .pdf entitled “Longhorn Locker Mock-up 1-31-17.pdf,” which

contained the four unauthorized photographs of Longhorn’s mock-up locker that TITAN had

surreptitiously taken while visiting Longhorn’s facilities.

67. Immediately thereafter, Huey sent copies of the unauthorized photographs to

Schlatholt. Schlatholt then forwarded the unauthorized photographs to Rajat Agarwal—

Hollman’s product development manager. In the email, Schlatholt said “Check this out.”

68. Schlatholt later admitted that if “[Hollman] had to figure out how to build

something, [Agarwal] would the guy to figure out how to build [it].” Schlatholt confessed that

Longhorn’s mock-up locker depicted in the unauthorized photographs was in an unfinished

condition and therefore exposed Longhorn’s electrical and venting systems and other components

that would not normally be seen by the public once the locker was installed. Schlatholt testified

that TITAN had forwarded to him the unauthorized photographs TITAN had taken of Longhorn’s

locker at its facility of those parts of the locker that the public doesn’t typically see, and he simply

forwarded these unauthorized photographs to Agarwal, the “guy who builds things” for Hollman.

O. Hollman is awarded the Saints’ locker project and begins building a locker “to
match Longhorn’s mock-up design as exactly as possible”

69. Schlatholt emailed Mathas saying “[w]e will start getting shops asap.” Dan

Brown—Hollman’s Systems Engineer—emailed Schlatholt asking whether Hollman will be “able

to access shop drawings of the mock-up” Longhorn had designed and constructed. Brown asked

Schlatholt: “do you have other photos that shoed [sic] the mock-up locker in the existing player

locker room? Any help from the architect for existing shop drawings previously submitted” by

Longhorn. Schlatholt then contacted Finney inquiring about “shops that were sent over from

Longhorn.” Finney responded, “no shop drawings were produced that I’m aware of, but Kellie

may have something.” Mathas responded on the same email string “all I ever got from [Longhorn]

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was a line item detail, renderings and a video to show the pull down to show the shoulder pads.”

Mathas and Finney later admitted that Hollman was actively seeking to obtain Longhorn’s shop

drawings. Having Longhorn’s shop drawings would have saved Hollman significant time and

expense in copying Longhorn’s locker.

70. On February 15, 2017, Schlatholt emailed Mathas and observed that “[t]he only

item that I did notice on a photo from [Longhorn] that was not on any line item from them or us

was the fan at the top of the locker?” Schlatholt later admitted that the fan he was referencing in

this email was the same fan depicted in the unauthorized photographs of Longhorn’s mock-up

locker taken by TITAN that Schlatholt observed and noted. He admitted the reason he knew that

the fan was not on any line item from Longhorn’s bid was because he “probably saw [Longhorn’s]

bid.” Schlatholt and Mathas later confessed that “Mathas either gave [him] Longhorn’s bid or at

least told [him] the numbers on the bid.”

71. Later that day, Brown emailed Schlatholt and Telema Vea—a draftsman at

Hollman—stating “[w]e have been awarded the New Orleans Saints project.” Brown said

“[a]ttached are photos, rendering, etc. to assist us.” Brown copied and sent as an attachment to his

email a copy of the knock-off renderings Hollman requested Martin to prepare and the four

unauthorized photographs of Longhorn’s mock-up taken by TITAN during its visit to Longhorn’s

facilities.

72. He explained that “[t]he Project is fast-track and I am requesting your assistance

and expertise to work together getting these drawings knocked out and begin the mock-up/approval

process.” Brown made clear that Hollman was “to match a [Longhorn’s] mockup design, with

stainless steel components, as exacting as possible.” According to Vea, he was instructed to

prepare shop drawings that were similar to Longhorn’s locker design. Hollman’s designated

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corporate representative likewise testified that Hollman’s “design intent” at the time was to make

a locker similar to Longhorn’s locker as Hollman was instructed to do by Mathas and Crystal

Clear.

73. On February 16, 2017, Schlatholt emailed Brown enclosing “some more photos”

of Longhorn’s mock-up locker. In this email, Schlatholt copied and sent as an attachment to his

email the unauthorized photographs of Longhorn’s mock-up locker taken by TITAN. In addition,

Schlatholt emailed Brown another “mock-up photo” of Longhorn’s locker taken at the Saints

facility that Mathas had earlier forwarded to Schlatholt.

74. On February 20, 2017, Mathas emailed Schlatholt and told him that “I just had the

chance to tell Longhorn that they lost the job to you and I want to ensure that some of the things

they were stating can’t come to fruition.”

75. On March 1, 2017, Brown forwarded to Gozdzialski of TITAN Hollman’s initial

“locker shop drawings” prepared by Vea. Hollman’s shop drawings depicted several different

views, dimensions and annotations of its locker. Hollman created shop drawings that were

virtually the exact same dimension, size and shape as Longhorn’s copyrighted renderings and its

copyrighted mock-up as graphically depicted below and attached hereto as Exhibit H:

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76. On March 16, Mathas copied and sent as an attachment Hollman’s knock-off

renderings, which are an exact copy of Longhorn’s copyrighted renderings.

77. On March 17, 2017, Schlatholt copied and sent as an attachment a high-resolution

rendering of Hollman’s knock-off locker, which is an exact copy of Longhorn’s copyrighted

rendering.

78. On March 23, 2017, Mathas copied and sent as an attachment three versions of

Hollman’s knock-off locker renderings to Jessica Richardson and Mickey Loomis of the Saints.

All three versions of Hollman’s knock-off renderings are an exact copy of Longhorn’s copyrighted

renderings.

79. On April 5, 2017, Schlatholt emailed Noel Torres of Hollman photographs of

Longhorn’s copyrighted mock-up, including the unauthorized photographs taken by TITAN.

80. On April 10, 2017, Brown emailed Mathas, Finney and Gozdzialski Hollman’s

revised “locker shop drawing” for their “review, use, and approval.” Hollman’s revised drawings

likewise depict virtually the exact same dimension, size and shape as Longhorn’s copyrighted

rendering and mock-up.

81. On April 14, 2017, Mathas emailed Schlatholt and Finney. Mathas requested

Schlatholt “[l]ook at the inside really carefully please” and “make sure the INSIDES of our lockers

function like this . . . .” In her email, Mathas copied and sent as an attachment three of Longhorn’s

copyrighted renderings of the Saints football locker. Each copyrighted rendering included a

copyright notice ( or © ) and a prominent warning that “[t]hese drawings and the information it

discloses is exclusive property of American Independence Manufacturing any reproduction or use

of this drawings/designs in part or in whole without express written consent of American

Independence Manufacturing is prohibited.” Each rendering also bore Longhorn’s FUSION

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DEFENDER™ word and design marks and Longhorn’s AIM™ design mark. Schlatholt

responded “[e]verything will function exactly like this”.

P. Hollman manufacturers and sells its knock-off locker to the Saints

82. On May 4, 2017, Finney approved Hollman’s final shop drawings for the Saints

locker project. On June 12, 2017 and June 26, 2017, Mathas repeatedly copied and sent

attachments of Hollman’s knock-off renderings, which are an exact copy of Longhorn’s

copyrighted renderings.

83. Hollman began production and later installed its knock-off lockers at the Saints

facility. True and correct photographs of Hollman’s knock-off lockers installed at the Saints’

facility are attached hereto as Exhibit I. The Saints paid Hollman approximately $511,358.52 for

its knock-off lockers and associated accessories. Hollman’s knock-off lockers are virtually the

exact same dimension, size and shape with the same unique and highly-creative decorations and

ornamentation as Longhorn’s copyrighted renderings and mock-up, as graphically depicted below:

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Q. Hollman’s knock-off lockers have numerous manufacturing defects

84. As part of its agreement with the Saints, Hollman agreed “to fix all manufacturing

defects post project completion, in a timely and efficient manner….” After Hollman installed its

lockers, Hollman began receiving complaints from the Saints about defects in its lockers caused

by either player wear and tear or manufacturer defects. For example, the Saints reported:

• A broken weld under one of the locker seats;

• Split and broken wood near the one of the hinges of a cabinet door;

• The top portion of a split locker seat would not stay open;

• A broken weld connecting the seat to the lid of the shoe bin;

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• Broken parts;

• Cracked wood where the bottom portion of the back cushion connects to the locker;

• An unattached weld from the seat.

At one point, Mathas emailed Hollman and said “please see below and add to the list. Is this type

of thing normal with brand new lockers?”

R. Hollman continues to infringe Longhorn’s copyrighted renderings and locker


design in other locker projects and in its brochures, website and other advertising
materials

85. Beginning in 2017 and continuing to the present, Hollman has been designing and

preparing marketing materials, brochures and additions to its website to promote the knock-off

locker it installed for the Saints. In one of the promotional brochures entitled “Hollman New

Orleans Saints lockers,” Hollman included photographs of its knock-off locker—a verbatim copy

of Longhorn’s copyrighted renderings and locker design. It also copied Longhorn’s copyrighted

renderings and locker design in a document entitled “SAMPLE WORK” where Hollman included

photographs of its knock-off locker. Hollman also copied Longhorn’s copyrighted renderings and

locker design on its website where it depicted photographs of its knock-off locker. Hollman also

copied Longhorn’s copyrighted renderings and locker design in shop drawings it produced for

other customers. Since 2017, Hollman produced and distributed multiple copies of Longhorn’s

copyrighted works to its customers, prospective customers, leads and referral sources.

86. For example, on September 14, 2017, Suzanne Manos—Hollman’s sales

representative—sent as an attachment photographs of Hollman’s knock-off locker to head baseball

coach Steve Rodriguez at Baylor University. These photographs of Hollman’s knock-off locker

are based entirely on Longhorns’ copyrighted renderings and locker. Later, Ely Bam—an

independent graphic designer working with Hollman—prepared renderings for Hollman of a

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knock-off Baylor locker. The renderings created by Bam are virtually identical to Longhorn’s

copyrighted renderings and locker as graphically depicted below and attached hereto as Exhibit J:

87. Hollman later created shop drawings for the Baylor locker. These shop drawings

are virtually identical to Longhorn’s copyrighted renderings as graphically depicted below and

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attached hereto as Exhibit K:

88. On August 21, 2017, Manos responded to a request for information from Scott

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Schiamberg—an architect with Perkins Eastman in New York—about a Big 10 Division I

University for which Schiamberg was preparing architectural plans for a game day locker. Manos

attached photographs of Hollman’s knock-off locker, which are based entirely on Longhorns’

copyrighted renderings and locker. In her email, she said “[p]lease let me know if you would like

more information about it, or would like anything else.”

89. On January 22, 2018, Manos sent an email regarding Hollman’s bid for a locker

project at Southern Methodist University’ performance center. In her email, Manos stated

“[p]lease see attached sales quote for SMU Saints lockers.”

90. On November 28, 2018, Manos sent an email to Ryan Steinberg and Evan Feinglass

with the University of Connecticut. In her email, Manos stated “I have attached a couple of photos

for your review. Please let me know if you need anything else from us. We are thrilled to compete

for this project.” Manos attached to her email a PowerPoint presentation entitled “SAMPLE

WORK.” Hollman’s “SAMPLE WORK” included photographs of Hollman’s knock-off locker

and touted Hollman’s “[h]idden clothing storage behind the seat,” “[i]ntegrated bench design with

a custom head rest” and “[c]ustom quilted leather bench top and back.” The photographs of

Hollman’s knock-off locker in its “SAMPLE WORK” are based entirely on Longhorns’

copyrighted works and patented designs. Hollman offered to sell its knock-off lockers to the

University of Connecticut for “$390,000; No Design Fee.”

91. On February 14, 2019, Jason Haase—Hollman’s sales representative—sent an

internal company email to senior level executives at Hollman stating “[t]his is a presentation that

I have been sending with bids – leads – it showcases our past projects and encapsulates our

capabilities here at Hollman.” He attached to his email a .pdf document entitled “Hollman

Athletics Presentation.pdf.” On page 12 of the presentation, Hollman included photographs of its

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knock-off lockers and touted its “[h]idden clothing storage behind the seat,” “[i]ntegrated bench

design with a custom head rest” and “[c]ustom quilted leather bench top and back.” The

photographs of Hollman’s knock-off lockers in the presentation Haase circulated are based entirely

on Longhorns’ copyrighted works and patented designs.

92. On March 28, 2019, Haase also emailed Tom Hersey of the University of Buffalo

and stated “[a]ttached is a .pdf presentation of some of our most recent completed projects for your

reference.” Haase attached to his email documents entitled “Hollman Athletics Presentation.pdf”

and “01 Athletics_Brochure.pdf.” On page 12 of Hollman’s Athletics Presentation and on page 3

of its Athletics Brochure, Hollman included photographs of its knock-off locker and touted its

“[h]idden clothing storage behind the seat,” “[i]ntegrated bench design with a custom head rest”

and “[c]ustom quilted leather bench top and back.” The photographs of Hollman’s knock-off

locker forwarded to the University of Buffalo are based entirely on Longhorns’ copyrighted works

and patented designs. In his email, Haase concluded “[i]t was great speaking to you in more detail

about the project, like I said we are very excited about this opportunity!” On its website, in its

brochures and marketing materials, Hollman repeatedly uses, exposes for sale, offers for sale and

sells its knock-off locker, which is an exact copy Longhorn’s copyrighted works and patented

designs. Attached hereto as Exhibit L is a true and correct copy of a webpage from Hollman’s

website as graphically depicted below, Hollman has and continues to infringe Longhorn’s

copyrighted works and patented design as graphically depicted below:

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IV. CLAIMS

COUNT I: Direct and secondary copyright infringement by Hollman of


Longhorn’s exclusive right to reproduce its copyrighted renderings
in violation of 17 U.S.C. § 106

93. Longhorn repeats and realleges each of the allegations contained in paragraphs 1-

92 above.

94. Longhorn is the exclusive owner of the ‘424 Registration for its copyrighted

renderings of its locker. Longhorn’s registration constitutes prima facie evidence of the validity

of its copyrighted work. 17 U.S.C. § 410 (c). Longhorn’s ‘424 Registration is valid and

enforceable.

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95. Hollman directly and willfully copied constituent elements of Longhorn’s

copyrighted renderings that are original to Longhorn without Longhorn’s authorization. Despite

having access to Longhorn’s copyrighted work and professing that it does not take “short cuts,”

Hollman slavishly copied Longhorn’s complete copyrighted work in order to create a knock-off

locker with the desired intent to sell its pirated rendering as its own and to steal customers and

potential customers from Longhorn. Hollman had access and actually used Longhorn’s

copyrighted material to create its own infringing renderings. When compared side-by-side, an

ordinary layperson would view Hollman’s infringing works as substantially similar to the

protectable elements of Longhorn’s copyrighted work. Hollman engaged in volitional conduct by

engaging in the act constituting copyright infringement. In addition, Hollman engaged in willful

infringement because Hollman was put on actual notice that Longhorn’s renderings constituted

copyrighted works.

96. In addition, Hollman engaged in secondary infringement by committing

contributory and vicarious infringement of the ‘424 Registration. Hollman committed

contributory infringement because Bryan Martin directly infringed Longhorn’s copyrighted

renderings, Hollman knew that Martin was directly infringing, Hollman intentionally induced or

encouraged Martin’s direct infringement, and Hollman knowingly took steps that were

substantially certain to result in Martin’s direct infringement.

97. Alternatively, Hollman committed vicarious copyright infringement because it had

the right and ability to supervise Bryan Martin—the direct infringer, but declined to exercise its

right to stop or limit Martin’s direct infringement. Furthermore, Hollman had a direct financial

interest in the infringing conduct, and it profited directly from the infringement.

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98. Hollman made copies of the infringing renderings prepared by Martin and

circulated them to and the Saints and its architect and interior designer. As a result of Hollman’s

direct and secondary copyright infringement of Longhorn’s copyrighted renderings, Longhorn is

entitled to recover its actual damages it suffered as a result of the infringement and Hollman’s

profits attributable to the infringement under 17 U.S.C. 504(b), for which Longhorn now sues.

COUNT II: Direct copyright infringement by Hollman of Longhorn’s exclusive


right to prepare derivative works based upon its copyrighted
renderings in violation of 17 U.S.C. § 106

99. Longhorn repeats and realleges each of the allegations contained in paragraphs 1-

98 above.

100. Longhorn is the exclusive owner of the ‘424 Registration for its copyrighted

renderings of its locker. Longhorn’s registration constitutes prima facie evidence of the validity

of its copyrighted work. 17 U.S.C. § 410 (c). Longhorn’s ‘424 Registration is valid and

enforceable.

101. A copyright owner “has the exclusive rights to . . . prepare derivative works based

upon the copyrighted work.” 17 U.S.C. § 106. A “‘derivative work’ is a work based upon one or

more preexisting works, such as a[n] . . . abridgment, condensation, or any other form in which a

work may be recast, transformed, or adapted.” 17 U.S.C. § 101. “A work consisting of editorial

revisions, annotations, elaborations, or other modifications which, as a whole, represent an original

work of authorship, is a ‘derivative work.’” Id. “To constitute a derivative work, the infringing

work must incorporate in some form a portion of the copyrighted work.” Vault Corp. v. Quaid

Software Ltd., 847 F.2d 255, 267 (5th Cir.1988).

102. Hollman directly infringed Longhorn’s exclusive right to prepare derivative works

from its copyrighted renderings. Specifically, Hollman made derivative works from Longhorn’s

copyrighted works including its infringing renderings, shop drawings, mock-up locker, installed
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lockers, brochures, website and other promotional materials. Hollman’s infringing works

incorporate in some form all or virtually all of Longhorn’s copyrighted work. When compared

side-by-side, an ordinary layperson would view Hollman’s infringing works as substantially

similar to the protectable elements of Longhorn’s copyrighted work. Hollman copied constituent

elements of Longhorn’s copyrighted renderings that are original to Longhorn without Longhorn’s

authorization or consent. Despite having access to Lonhorn’s copyrighted works and professing

that it does not take “short cuts,” Hollman slavishly copied Longhorn’s complete copyrighted

works in order to create a knock-off locker with the desired intent to sell its pirated locker as its

own and to steal customers and potential customers from Longhorn. Hollman had access to and

actually used Longhorn’s copyrighted material to create its own infringing derivative works.

Hollman’s infringing derivative works are substantially similar to the protectable elements of

Longhorn’s copyrighted work. Hollman engaged in volitional conduct by engaging in the act

constituting copyright infringement. As a result, in the course and scope of Hollman’s advertising

activities, Hollman misappropriated and used Longhorn’s advertising ideas and concepts for

Longhorn’s copyrighted work on Hollman’s website, its brochures and advertising, which resulted

in an infringement of Longhorn’s copyrighted locker and trade dress. In addition, Hollman

engaged in willful infringement because Hollman was put on actual notice that Longhorn’s

renderings constituted copyrighted works.

103. As a result of Hollman’s direct copyright infringement of Longhorn’s copyrighted

work, Longhorn is entitled to recover its actual damages it suffered as a result of the infringement

and Hollman’s profits attributable to the infringement under 17 U.S.C. 504(b), for which Longhorn

now sues.

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104. In addition, Hollman willfully and repeatedly copied and continues to display

infringing derivative works on its website after having actual knowledge of the ‘424 Registration

in conscious and flagrant disregard to Longhorn’s copyrights. Thus, Longhorn is entitled to recover

statutory damages of not more than $150,000 per infringed work pursuant to 17 U.S.C. 504(c)(2).

COUNT III: Direct copyright infringement by Hollman of Longhorn’s exclusive


right to reproduce its copyrighted locker in violation of 17 U.S.C. §
106

105. Longhorn repeats and realleges each of the allegations contained in paragraphs 1-

104 above.

106. Longhorn is the exclusive owner of the ‘571 Application and the copyright to the

ornamental and decorative elements of its locker. Longhorn’s copyright is valid and enforceable.

Longhorn owns a copyright to the ornamental and decorative elements of its locker, as depicted

below:

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107. 17 U.S.C. § 102(a)(5) specifically protects original works of authorship in the

categories of pictorial, graphic, and sculptural works. The “design of a useful article shall be

considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design

incorporates pictorial, graphic, or sculptural features that can be identified separately from, and

are capable of existing independently of, the utilitarian aspects of the article.” 17 U.S.C. § 101.

Longhorn’s copyrighted locker consists of an original work of authorship of a sculptural work.

Longhorn’s copyrighted locker consists of unique and highly-creative decorations and

ornamentation on a sports locker. Longhorn is not seeking protection for the locker itself nor the

locker’s mechanical or utilitarian aspects. Rather, Longhorn claims a copyright in its original

authorship and artistic expression reflected in decorative and ornamental features of the locker.

108. As is illustrated in Exhibit C, Longhorn’s copyrighted locker contains numerous

features of original authorship and creative expression that can be identified separately from and

which are capable of existing independently of any utilitarian aspects a generic locker. For

example, Longhorn’s copyrighted locker is a creative interpretation of a stylized football field with

a sleek and contemporary feel. Longhorn’s copyrighted locker is carved in wood, formed in

leather, decoratively lit with back lighting and trimmed in stainless steel. The dramatic use of light

and shadows brings the locker to life and adds a warm look and feel to the locker’s otherwise

contemporary style. In addition, the choice to adorn the locker with stylized yard lines made of

metallic trim pieces adds a feeling of movement to Longhorn’s copyrighted locker.

109. Furthermore, the creative elements of Longhorn’s copyrighted locker are not

merely standard geometric shapes with no additional design elements. It combines multiple types

of shapes in a variety of sizes, colors, materials and perspectives culminating in a creative work

that goes beyond the mere display of a few geometric shapes in a preordained or obvious

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arrangement. In other words, Longhorn’s copyrighted locker is not a mere variation of the well-

known and typical box-shaped locker. Original authorship of creative expression is present in

Longhorn’s copyrighted locker through the selection, coordination, and arrangement of

ornamentation, lighting, texture, color, size, shapes, materials, images, words and other elements,

providing a sufficient amount of creative expression in the work as a whole. Therefore, the

distinctive features of creative expression and original authorship found in Longhorn’s copyrighted

locker satisfy the basic requirements of originality and creativity.

110. In Star Athletica, L.L.C. v. Varsity Brands, Inc., the Supreme Court held “that a

feature incorporated into the design of a useful article is eligible for copyright protection only if

the feature (1) can be perceived as a two- or three-dimensional work of art separate from the useful

article and (2) would qualify as a protectable pictorial, graphic, or sculptural work – either on its

own or fixed in some other tangible medium of expression – if it were imagined separately from

the useful article into which it is incorporated.” 137 S. Ct. 1002, 1007 (2017). A feature may be

protected even if it retains the overall shape of a useful article if that feature can be imaginatively

removed from the surface of that article. See Star Athletica, 137 S. Ct. at 1012 (recognizing that

“[j]ust as two-dimensional fine art corresponds to the shape of the canvas on which it is painted,

two-dimensional applied art correlates to the contours of the article to which it is applied.”).

111. The figures depicted above are two-dimensional line drawings graphically

illustrating the claimed creative expression that can be perceived as a two-dimensional work of art

separate from the useful features of the locker itself. Longhorn only claims copyright in its original

authorship and creative expression found in the following combination of decorative and

ornamental features of the locker:

(1) a decorative football-shaped cut-out molded into the locker’s leather seat
back;

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(2) sleek and contemporary shiny, metal trim pieces adorning and accenting
certain horizontal planes of the locker’s shelving and footlocker;

(3) a back-lit colored name plate on the top of the locker to display the player’s
name and number;

(4) a modern metallic inset screen on the locker’s footlocker with a clean, round
perforated grill pattern used as a backdrop to display the team name or logo;
and

(5) matching decorative contours and carvings on the locker’s side panels.

112. The solid yellow lines in Exhibit C are used to denote claimed creative elements,

while the broken yellow lines are used to denote excluded useful features. The creative expression

Longhorn’s locker qualifies as copyrightable material because the claimed expression can be

imagined separately from the useful elements of the locker itself and are capable of existing

independently of the utilitarian aspects of the locker.

113. The decorative and ornamental elements of Longhorn’s copyrighted locker have

pictorial, graphic and sculptural qualities which can be perceived as a two- or three-dimensional

work of art separate from the useful article. The arrangement of colors, shapes, and lines on the

surface of the locker can be separated from the locker and applied to another medium. As

graphically illustrated in Exhibit C, conceptually removing the surface decoration and

ornamentation from the locker and applying them in another medium does not replicate the locker

itself. The decoration and ornamentation on the sculpture are nonuseful pictorial, graphical and

sculptural works on their own, and separable from the locker. See, e.g., Mazer v. Stein, 347 U.S.

201, 202, 214 (1954) (holding that the fact that a copyright registration for a pair of the statuettes

intended to be used as table lamps “with electric wiring, sockets and lamp shades attached” did

not invalidate their registration); Universal Furniture Internat’l, Inc. v. Collezione Europe USA,

Inc., 618 F.3d 417, 434 (4th Cir. 2010) (holding that decorative elements of owner’s furniture

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designs were conceptually separable from furniture’s utilitarian design); U.S. COPYRIGHT OFFICE,

COMPENDIUM OF U.S. COPYRIGHT OFFICE PRACTICES § 924 (3rd ed. 2017).

114. The separable, stand-alone works depicted in Exhibit C contain a sufficient amount

of creative and original expression. Feist Publications, Inc. v. Rural Telephone Service Co., Inc.,

499 U.S. 340, 345 (1991) (requiring only “independent creation plus a modicum of creativity”)

None of the creative features depicted in Exhibit C are part of a common or generic locker. Generic

lockers are not decoratively modeled after a football field complete with stylized yard lines,

endzones, sidelines, and a football-shaped cut-out on a line of scrimmage. Generic lockers do not

include decorative elements formed in leather. Generic lockers are not decoratively lit with back

lighting. Generic lockers are not trimmed in stainless steel. Longhorn’s copyrighted locker does

not reflect common or standard design choices from a well-established set of locker elements or a

combination of long-standing design features in sports lockers. To the contrary, the original

authorship and creative expression found in the various standard and non-standard shapes,

materials and decorative and ornamental aspects of Longhorn’s copyrighted locker, taken as a

whole, illustrate the creative choices sufficient to meet the requirements of originality and creative

expression.

115. Hollman directly and willfully copied constituent elements of Longhorn’s

copyrighted locker that are original to Longhorn without Longhorn’s authorization. Despite

having access to Longhorn’s copyrighted work and professing that it does not take “short cuts,”

Hollman slavishly copied Longhorn’s complete copyrighted work in order to create a knock-off

locker with the desired intent to sell its pirated locker as its own and to steal customers and potential

customers from Longhorn. Hollman had access to and actually used Longhorn’s copyrighted

locker to create its own infringing works including its infringing renderings, shop drawings, mock-

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up locker, installed lockers, brochures, website and other promotional materials. When compared

side-by-side, an ordinary layperson would view Hollman’s infringing works as substantially

similar to the protectable elements of Longhorn’s copyrighted work. Hollman engaged in

volitional conduct by engaging in the act constituting copyright infringement. As a result, in the

course and scope of Hollman’s advertising activities, Hollman misappropriated and used

Longhorn’s advertising ideas and concepts for Longhorn’s copyrighted locker on Hollman’s

website, its brochures and advertising, which resulted in an infringement of Longhorn’s

copyrighted locker and trade dress. In addition, Hollman engaged in willful infringement because

Hollman was put on actual notice that Longhorn’s locker constituted a copyrighted work.

116. As a result of Hollman’s direct copyright infringement of Longhorn’s copyrighted

locker, Longhorn is entitled to recover its actual damages it suffered as a result of the infringement

and Hollman’s profits attributable to the infringement under 17 U.S.C. 504(b), for which Longhorn

now sues.

COUNT IV: Misappropriation of trade secrets by Hollman in violation of Texas


Uniform Trade Secret Act (TUTSA) TEX. CIV. PRAC. & REM. CODE
§ 134A.001-.008 (2017) and the Defend Trade Secrets Act, 18 U.S.C.
§ 1836

117. Longhorn repeats and realleges each of the allegations contained in paragraphs 1-

116 above.

118. Longhorn owns certain trade secrets in its business including secret designs,

prototypes, patterns, plans, procedures, devices, methods, techniques and processes for its lockers.

Longhorn took reasonable measures under the circumstances to keep the information secret and

derived independent economic value, actual or potential, from its trade secrets not being generally

known to, and not being readily ascertainable through proper means by, another person who can

obtain economic value from the disclosure or use of the information.

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119. Although some components of Longhorn’s locker existed independently in the

public domain, Longhorn combined them in a unique and original way in a locker customized and

specially designed for the Saints. This unique and original locker design provided Longhorn a

competitive advantage. Longhorn combined the following components, which, taken as a whole,

comprised Longhorn’s trade secret locker design that it specifically created and confidentially

disclosed to the Saints:

a. The locker’s functionality, including the stainless-steel frame and


compartments, integrated footlocker and bench, hidden storage closet,
ventilation and lighting systems, lift-up head rest, fold down seat back,
and lift-up seat;

b. The locker’s split-seat back design, including the bottom and top portion
of the seat back;

c. The locker’s electrical system, including hidden junction boxes, step-


down transformers, low-voltage wiring and hardware, electrical cooling
fans and channels for routing power to various components such as
ventilation/drying fans and ornamental LED lighting;

d. The locker’s ventilation system including its plenum design,


termination and integrated air balancing system with baffles to
consistently regulate air flow among all the installed lockers; and

e. The locker’s hidden construction techniques, processes and methods


including fastener types and through-bolt construction to increase
durability.

120. Longhorn confidentially disclosed these and other trade secrets, including its

confidential pricing information, to the Saints, its consultants, architects and contractors as part of

a business transactions in which Longhorn expected to profit and which furthered Longhorn’s

economic interests. These authorized recipients of Longhorn’s trade secret information knew or

should have known that the information was a trade secret and the disclosure was made to them in

confidence.

121. Hollman willfully and maliciously misappropriated Longhorn’s trade secrets by:

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(1) acquiring Longhorn’s trade secrets that Hollman knew or had reason to know were acquired

by improper means; (2) using Longhorn’s trade secrets without Longhorn’s express or implied

consent, and using improper means to acquire knowledge of Longhorn’s trade secrets; (3) using

Longhorn’s trade secrets without Longhorn’s express or implied consent that Hollman, at the time

of the disclosure or use, knew or had reason to know that its knowledge of the trade secrets was

derived from or through a person who had used improper means to acquire them; (4) using

Longhorn’s trade secrets without Longhorn’s express or implied consent that Hollman, at the time

of the disclosure or use, knew or had reason to know that its knowledge of Longhorn’s trade secrets

was acquired under circumstances giving rise to a duty to maintain their secrecy or limit their use;

or (5) using Longhorn’s trade secrets without Longhorn’s express or implied consent that Hollman,

at the time of the disclosure or use, knew or had reason to know that its knowledge of Longhorn’s

trade secrets was derived from or through a person who owed a duty to Longhorn to maintain their

secrecy or limit their use.

122. As a result of Hollman’s willful and malicious misappropriation of Longhorn’s

trade secrets, Longhorn is entitled to recover its actual damages it suffered as a result of the

misappropriation including its lost profits, the development costs Hollman avoided by the

misappropriation or the profits Hollman earned from its misappropriation under Texas Uniform

Trade Secret Act (TUTSA), TEX. CIV. PRAC. & REM. CODE § 134A.004, and the Defend Trade

Secrets Act, 18 U.S.C. § 1836, for which Longhorn now sues.

123. In addition, Longhorn seeks an award of exemplary damages in an amount not to

exceed twice its actual damages under TEX. CIV. PRAC. & REM. CODE § 134A.004 for Hollman’s

willful and malicious misappropriation.

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COUNT V: Direct and literal patent infringement by Hollman of Longhorn’s


exclusive right to sell or expose for sale its patented design in
violation of 35 U.S.C. § 289

124. Longhorn repeats and realleges each of the allegations contained in paragraphs 1-

123 above.

125. Longhorn is the exclusive licensee of the ‘602 Patent entitled “Locker with folding

seat back.” An issued patent is presumed valid. 35 U.S.C. § 282. Therefore, the ‘602 Patent is

valid and enforceable.

126. Hollman directly and literally infringes claim one of the ‘602 Patent as depicted

below:

Exhibit A, Figs. 1 and 2. Despite professing that it does not take “short cuts,” Hollman slavishly

copied the entire design depicted in the ‘602 Patent in order to create a knock-off locker with the

desired intent to sell its pirated design as its own and to steal customers and potential customers

from Longhorn. As a result, an ordinary observer, familiar with the prior art, would be deceived

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into thinking that Hollman’s accused design was the same as the patented design. Hollman directly

and literally infringes the ‘602 Patent by selling and exposing for sale in its brochures, advertising

materials and website products that infringe claim 1 of the ‘602 Patent. In addition, Hollman

engaged in willful infringement because Hollman was put on actual notice of the patented design.

127. As a result of Hollman’s direct and literal infringement of the ‘602 Patent in

violation of 35 U.S.C. § 271, Longhorn is entitled to recover its actual damages it suffered as a

result of the infringement, but in no event less than $250 under 35 U.S.C. § 289, for which

Longhorn now sues.

128. In addition, Hollman willfully continues to display photographs of its infringing

locker on its website after the ‘602 Patent issued and in conscious and flagrant disregard to

Longhorn’s exclusive rights to the ‘602 Patent. Because Hollman’s infringement is willful,

Longhorn also seeks an increased award of up to two times the amount of damages found or

assessed as permitted by 35 U.S.C § 289.

COUNT VI: Direct patent infringement by Hollman of Longhorn’s exclusive


right to use and offer for sale its patented design in violation of 35
U.S.C. § 271

129. Longhorn repeats and realleges each of the allegations contained in paragraphs 1-

128 above.

130. Longhorn is the exclusive licensee of the ‘602 Patent entitled “Locker with folding

seat back.” An issued patent is presumed valid. 35 U.S.C. § 282. Therefore, the ‘602 Patent is

valid and enforceable.

131. Hollman directly and literally infringes claim one of the ‘602 Patent as depicted

below:

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Exhibit A, Figs. 1 and 2. Despite professing that it does not take “short cuts,” Hollman slavishly

copied the entire design depicted in the ‘602 Patent in order to create a knock-off locker with the

desired intent to sell its pirated design as its own and to steal customers and potential customers

from Longhorn. As a result, an ordinary observer, familiar with the prior art, would be deceived

into thinking that Hollman’s accused design was the same as the patented design. Hollman directly

and literally infringes the ‘602 Patent by selling and exposing for sale in its brochures, advertising

materials and website products that infringe claim 1 of the ‘602 Patent. In addition, Hollman

engaged in willful infringement because Hollman was put on actual notice of the patented design.

132. As a result of Hollman’s direct and literal patent infringement of the ‘602 Patent in

violation of 35 U.S.C. § 271, Longhorn is entitled to recover its actual damages it suffered as a

result of the infringement, but in no event less than a reasonable royalty for the use made of the

invention by Hollman, together with interest and costs under 35 U.S.C. § 284, for which Longhorn

now sues.

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133. In addition, Hollman willfully continues to display photographs of its infringing

locker on its website after the ‘602 Patent issued and in conscious and flagrant disregard to

Longhorn’s exclusive rights to the ‘602 Patent. Because Hollman’s infringement is willful,

Longhorn also seeks an increased award of up to three times the amount of damages found or

assessed as permitted by 35 U.S.C § 284.

COUNT VII: Tortious interference of Longhorn’s prospective business relations


by Hollman

134. Longhorn repeats and realleges each of the allegations contained in paragraphs 1-

133 above.

135. Hollman intentionally interfered with Longhorn’s prospective contractual or

business relations with the Saints. There is a reasonable probability that Longhorn would have

entered into a business relationship with the Saints. Hollman either acted with a conscious desire

to prevent the relationship from occurring or knew the interference was certain or substantially

certain to occur as a result of its wrongful conduct. Hollman infringed Longhorn’s copyrighted

works and patented designs, misappropriated Longhorn’s trade secrets and used Longhorn’s

advertising ideas and concepts for Longhorn’s copyrighted locker on Hollman’s website, its

brochures and advertising materials. Hollman engaged in all of this tortious conduct with the

desire to interfere with Longhorn’s prospective contract with the Saints or with the belief that

interference was substantially certain to result.

136. As a result of Hollman’s tortious interference, Longhorn is entitled to recover its

actual damages proximately caused by Hollman’s interference, for which Longhorn now sues. In

addition, because Hollman’s interference was committed with malice, Longhorn also seeks

exemplary damages.

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COUNT VIII: Direct and secondary copyright infringement by Crystal Clear and
Mathas of Longhorn’s exclusive right to reproduce its copyrighted
renderings in violation of 17 U.S.C. § 106

137. Longhorn repeats and realleges each of the allegations contained in paragraphs 1-

136 above.

138. Longhorn is the exclusive owner of the ‘424 Registration for its copyrighted

renderings of its locker. Longhorn’s registration constitutes prima facie evidence of the validity

of its copyrighted work. 17 U.S.C. § 410 (c). The ‘424 Registration is valid and enforceable.

139. Crystal Clear and Mathas had access to Longhorn’s copyrighted work and directly

and willfully copied Longhorn’s copyrighted renderings that are original to Longhorn without

Longhorn’s authorization. Crystal Clear and Mathas had access to and actually copied Longhorn’s

copyrighted renderings and sent them as copies to Longhorn’s direct competitor, Hollman. Crystal

Clear and Mathas also made copies of Longhorn’s copyrighted renderings and copies of the

infringing renderings prepared by Longhorn and Martin and circulated them to Finney and the

Saints. The infringing copies made by Crystal Clear and Mathas are identical to the protectable

elements of Longhorn’s copyrighted work. Crystal Clear and Mathas engaged in volitional

conduct by engaging in the act constituting copyright infringement. In addition, Crystal Clear and

Mathas engaged in willful infringement because Crystal Clear and Mathas were put on actual

notice that Longhorn’s renderings constituted copyrighted works.

140. In addition, Crystal Clear and Mathas engaged in secondary infringement by

contributorily infringing Longhorn’s copyrighted work. Crystal Clear and Mathas committed

contributory infringement because Hollman directly infringed Longhorn’s copyrighted work,

Crystal Clear and Mathas knew that Hollman was directly infringing, they intentionally

encouraged Hollman’s direct infringement, and they knowingly took steps that were substantially

certain to result in Hollman’s direct infringement.


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141. As a result of the direct and secondary copyright infringement of Longhorn’s

copyrighted works by Crystal Clear and Mathas, Longhorn is entitled to recover its actual damages

it suffered as a result of the infringement under 17 U.S.C. 504(b), for which Longhorn now sues.

COUNT IX: Secondary copyright infringement by Crystal Clear and Mathas of


Longhorn’s exclusive right to prepared derivative works based
upon its copyrighted renderings in violation of 17 U.S.C. § 106

142. Longhorn repeats and realleges each of the allegations contained in paragraphs 1-

141 above.

143. Longhorn is the exclusive owner of the ‘424 Registration for its copyrighted

renderings of its locker. Longhorn’s registration constitutes prima facie evidence of the validity

of its copyrighted work. 17 U.S.C. § 410 (c). The ‘424 Registration is valid and enforceable.

144. Hollman had access to Longhorn’s copyrighted work and directly infringed

Longhorn’s exclusive right to prepare derivative works from its copyrighted renderings.

Specifically, Hollman made derivative works from Longhorn’s copyrighted works including its

infringing renderings, shop drawings, mock-up locker, installed lockers, brochures, website and

other promotional materials. Hollman’s infringing works incorporate in some form all or virtually

all of Longhorn’s copyrighted work. Hollman’s infringing works are substantially similar copies

of Longhorn’s copyrighted work.

145. Crystal Clear and Mathas engaged in secondary infringement by contributorily

infringing Longhorn’s copyrighted work. Crystal Clear and Mathas committed contributory

infringement because Hollman directly infringed Longhorn’s copyrighted work by creating

derivative works. Crystal Clear and Mathas knew that Hollman was directly infringing by creating

these derivative works, they intentionally encouraged Hollman’s direct infringement, and they

knowingly took steps that were substantially certain to result in Hollman’s direct infringement.

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146. As a result of the secondary copyright infringement of Longhorn’s copyrighted

works by Crystal Clear and Mathas, Longhorn is entitled to recover its actual damages it suffered

as a result of the infringement under 17 U.S.C. 504(b), for which Longhorn now sues.

COUNT X: Secondary copyright infringement by Crystal Clear and Mathas of


Longhorn’s exclusive right to reproduce its copyrighted locker in
violation of 17 U.S.C. § 106

147. Longhorn repeats and realleges each of the allegations contained in paragraphs 1-

146 above.

148. Longhorn is the exclusive owner of the ‘571 Application and the copyright to the

ornamental and decorative elements of its locker. Longhorn’s copyright is valid and enforceable.

149. 17 U.S.C. § 102(a)(5) specifically protects original works of authorship in the

categories of pictorial, graphic, and sculptural works. Longhorn’s copyrighted locker consists of

an original work of authorship of a sculptural work. Longhorn’s copyrighted locker consists of

unique and highly-creative decorations and ornamentation on a sports locker.

150. Crystal Clear and Mathas engaged in secondary infringement by contributorily

infringing Longhorn’s copyrighted locker. Crystal Clear and Mathas committed contributory

infringement because Hollman directly infringed Longhorn’s copyrighted locker, Crystal Clear

and Mathas knew that Hollman was directly infringing, they intentionally encouraged Hollman’s

direct infringement, and they knowingly took steps that were substantially certain to result in

Hollman’s direct infringement by asking Hollman to make a similar copy of Longhorn’s

copyrighted locker.

151. As a result of the secondary copyright infringement of Longhorn’s copyrighted

locker by Crystal Clear and Mathas, Longhorn is entitled to recover its actual damages it suffered

as a result of the infringement under 17 U.S.C. 504(b), for which Longhorn now sues.

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COUNT XI: Misappropriation of trade secrets by Crystal Clear and Mathas in


violation of Texas Uniform Trade Secret Act (TUTSA) TEX. CIV.
PRAC. & REM. CODE § 134A.001-.008 (2017) and the Defend Trade
Secrets Act, 18 U.S.C. § 1836

152. Longhorn repeats and realleges each of the allegations contained in paragraphs 1-

151 above.

153. Longhorn owns certain trade secrets in its business including secret designs,

prototypes, patterns, plans, procedures, devices, methods, techniques and processes for its lockers.

Longhorn took reasonable measures under the circumstances to keep the information secret and

derived independent economic value, actual or potential, from its trade secrets not being generally

known to, and not being readily ascertainable through proper means by, another person who can

obtain economic value from the disclosure or use of the information.

154. Although some components of Longhorn’s locker existed independently in the

public domain, Longhorn combined them in a unique and original way in a locker customized and

specially designed for the Saints. This unique and original locker design provided Longhorn a

competitive advantage. Longhorn combined the following components, which, taken as a whole,

comprised Longhorn’s trade secret locker design that it specially created and confidentially

disclosed to the Saints:

a. The locker’s functionality, including the stainless-steel frame and


compartments, integrated footlocker and bench, hidden storage closet,
ventilation and lighting systems, lift-up head rest, fold down seat back,
and lift-up seat;

b. The locker’s split-seat back design, including the bottom and top portion
of the seat back;

c. The locker’s electrical system, including hidden junction boxes, step-


down transformers, low-voltage wiring and hardware, electrical cooling
fans and channels for routing power to various components such as
ventilation/drying fans and ornamental LED lighting;

d. The locker’s ventilation system including its plenum design,


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termination and integrated air balancing system with baffles to


consistently regulate air flow among all the installed lockers; and

e. The locker’s hidden construction techniques, processes and methods


including fastener types and through-bolt construction to increase
durability.

155. Longhorn confidentially disclosed these and other trade secrets, including its

confidential pricing information, to the Saints, Mathas, Crystal Clear, Finney and TITAN as part

of a business transactions in which Longhorn expected to profit and which furthered Longhorn’s

economic interests. These authorized recipients of Longhorn’s trade secret information knew or

should have known that the information was a trade secret and the disclosure was made to them in

confidence.

156. Mathas and Crystal Clear willfully and maliciously misappropriated Longhorn’s

trade secrets by disclosing Longhorn’s trade secrets to Hollman without Longhorn’s express or

implied consent and at the time of disclosure, Mathas and Crystal Clear knew or had reason to

know that their knowledge of Longhorn’s trade secret was acquired under circumstances giving

rise to a duty to maintain the secrecy of Longhorn’s trade secret, or was derived from or through

TITAN who owed a duty to Longhorn to maintain the secrecy of or limit the use of Longhorn’s

trade secret.

157. As a result of the misappropriation of Longhorn’s trade secrets by Mathas and

Crystal Clear, Longhorn is entitled to recover its actual damages it suffered as a result of the

misappropriation under Texas Uniform Trade Secret Act (TUTSA), TEX. CIV. PRAC. & REM. CODE

§ 134A.004 and the Defend Trade Secrets Act, 18 U.S.C. § 1836, for which Longhorn now sues.

158. In addition, Longhorn seeks an award of exemplary damages in an amount not to

exceed twice its actual damages under TEX. CIV. PRAC. & REM. CODE § 134A.004 for the willful

and malicious misappropriation by Mathas and Crystal Clear.

82
Case 3:19-cv-02872-C Document 1 Filed 12/04/19 Page 83 of 91 PageID 83

COUNT XII: Breach of contract by TITAN

159. Longhorn repeats and realleges each of the allegations contained in paragraphs 1-

158 above.

160. On January 31, 2017, Longhorn and TITAN executed a Vendor Confidentiality &

Non-Disclosure Agreement. This Agreement is a valid and enforceable agreement. In the

Agreement, TITAN agreed that Longhorn was “the copyright owner in all copyrightable works of

every kind and description . . . created or developed by them for purposes of Design Drawing

submission to Customer.” TITAN also agreed that it would not “disclos[e] . . . any design . . .

conceptualization, idea, configuration and composition of patterns, color, products, materials,

handicraft or other intellectual property . . . (whether in whole or in part) created by Longhorn

Locker Company, LLC and submitted to [TITAN] for review and execution of scope of work.”

TITAN further agreed “to safeguard all confidential information at all times so that it is not

exposed to or taken by unauthorized persons and will exercise best efforts to ensure its safe

keeping.” TITAN additionally agreed that it would “not use or divulge any confidential

information for the benefit of any person or entity other than [Longhorn].” Finally, TITAN agreed

that it would “at no time, transfer, . . . disclose . . . or misappropriate any confidential information

to any . . . email account . . . .” In material breach of the Agreement, TITAN surreptitiously took

photographs of Longhorn’s Saints mock-up without Longhorn’s knowledge or authorization and

disclosed them to Hollman, Longhorn’s direct competitor.

161. As a result of TITAN’s material breach of the Agreement, Longhorn suffered

actual, compensatory and special damages, including its lost profits, for which it now sues.

83
Case 3:19-cv-02872-C Document 1 Filed 12/04/19 Page 84 of 91 PageID 84

COUNT XIII: Misappropriation of trade secrets by TITAN in violation of Texas


Uniform Trade Secret Act (TUTSA) Tex. Civ. Prac. & Rem. Code
§ 134A.001-.008 (2017) and the Defend Trade Secrets Act, 18 U.S.C.
§ 1836

162. Longhorn repeats and realleges each of the allegations contained in paragraphs 1-

161 above.

163. Longhorn owns certain trade secrets in its business including secret designs,

prototypes, patterns, plans, procedures, devices, methods, techniques and processes for its lockers.

Longhorn took reasonable measures under the circumstances to keep the information secret and

derived independent economic value, actual or potential, from its trade secrets not being generally

known to, and not being readily ascertainable through proper means by, another person who can

obtain economic value from the disclosure or use of the information.

164. Although some components of Longhorn’s locker existed independently in the

public domain, Longhorn combined them in a unique and original way in a locker customized and

specially designed for the Saints. This unique and original locker design provided Longhorn a

competitive advantage. Longhorn combined the following components, which, taken as a whole,

comprised Longhorn’s trade secret locker design that it specially created and confidentially

disclosed to the Saints:

a. The locker’s functionality, including the stainless-steel frame and


compartments, integrated footlocker and bench, hidden storage closet,
ventilation and lighting systems, lift-up head rest, fold down seat back,
and lift-up seat;

b. The locker’s split-seat back design, including the bottom and top portion
of the seat back;

c. The locker’s electrical system, including hidden junction boxes, step-


down transformers, low-voltage wiring and hardware, electrical cooling
fans and channels for routing power to various components such as
ventilation/drying fans and ornamental LED lighting;

d. The locker’s ventilation system including its plenum design,


84
Case 3:19-cv-02872-C Document 1 Filed 12/04/19 Page 85 of 91 PageID 85

termination and integrated air balancing system with baffles to


consistently regulate air flow among all the installed lockers; and

e. The locker’s hidden construction techniques, processes and methods


including fastener types and through-bolt construction to increase
durability.

165. Longhorn confidentially disclosed these and other trade secrets to the Saints,

Mathas, Crystal Clear, Finney and TITAN as part of a business transactions in which Longhorn

expected to profit and which furthered Longhorn’s economic interests. These authorized recipients

of Longhorn’s trade secret information knew or should have known that the information was a

trade secret and the disclosure was made to them in confidence.

166. TITAN willfully and maliciously misappropriated Longhorn’s trade secrets by

disclosing Longhorn’s trade secrets to Hollman without Longhorn’s express or implied consent

and at the time of disclosure, TITAN knew or had reason to know that its knowledge of Longhorn’s

trade secret was acquired under circumstances giving rise to a duty to maintain the secrecy of

Longhorn’s trade secret.

167. As a result of TITAN’s misappropriation of Longhorn’s trade secrets, Longhorn is

entitled to recover its actual damages it suffered as a result of the misappropriation under Texas

Uniform Trade Secret Act (TUTSA), TEX. CIV. PRAC. & REM. CODE § 134A.004 and the Defend

Trade Secrets Act, 18 U.S.C. § 1836, for which Longhorn now sues.

168. In addition, Longhorn seeks an award of exemplary damages in an amount not to

exceed twice its actual damages under TEX. CIV. PRAC. & REM. CODE § 134A.004 for TITAN’s

willful and malicious misappropriation.

V. REQUEST FOR PRELIMINARY OR PERMANENT INJUNCTION

169. Longhorn repeats and realleges each of the allegations contained in paragraphs 1-

168 above.

85
Case 3:19-cv-02872-C Document 1 Filed 12/04/19 Page 86 of 91 PageID 86

170. In accordance with Rule 65 of the Federal Rules of Civil Procedure, Longhorn

seeks a preliminary injunction, or in the alternative, a permanent injunction against Hollman.

171. Longhorn would show that it is entitled to a preliminary injunction because

Longhorn can establish: (1) a substantial likelihood of success on the merits; (2) a substantial threat

of irreparable injury if the injunction is not issued; (3) that the threatened injury if the injunction

is denied outweighs any harm that will result if the injunction is granted; and (4) that the grant of

an injunction will not disserve the public interest.

172. There is a substantial likelihood of success on the merits because Longhorn owns

valid and enforceable copyrights to its renderings and locker. Longhorn is also an exclusive

licensee of a valid and enforceable design patent for the ornamental design of a locker with folding

seat back. There is a substantial threat of irreparable injury to Longhorn if the injunction is not

issued. Hollman repeatedly and willfully infringed Longhorn’s copyrighted works and continues

to infringe the ‘602 Patent in its brochures, website and other advertising materials. The threatened

injury to Longhorn is substantially outweighed by any harm to Hollman if a preliminary injunction

is granted. Hollman will not be harmed if it is precluded from selling or offering for sale lockers

with infringing designs and ornamentation it ripped off from Longhorn. Conversely, Longhorn

will suffer and continue to suffer injury as a result of Hollman’s infringement and Longhorn’s

resulting loss of business and reputation in the market. Finally, a preliminary injunction will not

disserve the public interest because the public interest is never disserved by respecting valid

patents and copyrights.

1. In the alternative, Longhorn would show it is entitled to a permanent injunction

because it can demonstrate: (1) that it has suffered an irreparable injury; (2) that remedies available

at law, such as monetary damages, are inadequate to compensate for that injury; (3) that,

86
Case 3:19-cv-02872-C Document 1 Filed 12/04/19 Page 87 of 91 PageID 87

considering the balance of hardships between the plaintiff and defendant, a remedy in equity is

warranted; and (4) that the public interest would not be disserved by a permanent injunction.

2. Longhorn will suffer irreparable harm because Hollman repeatedly committed acts

of direct copyright infringement by reproducing unauthorized copies of Longhorn’s copyrighted

works and by making unauthorized derivative works of Longhorn’s copyrighted renderings and

locker. Hollman also repeatedly committed acts of secondary copyright infringement of

Longhorn’s copyrighted works. Moreover, Hollman has and continues to infringe the ‘602 Patent

by selling, offering for sale, and exposing for sale Longhorn’s patented design.

3. As a result, Longhorn has lost, and will continue to lose, potential customers and

other business opportunities. The remedies available at law are inadequate to compensate for

Longhorn’s injuries because it is impossible to determine how Hollman’ shocking and brazen

infringement has detrimentally affected Longhorn’s business, and therefore Longhorn’s damages

are impossible to calculate. Longhorn is suffering, and will continue to suffer, irreparable harm

by Hollman’s actions unless this Court enjoins Hollman’s infringing conduct.

4. When considering the balance of hardships between Longhorn and Hollman, a

permanent injunction is warranted. The harm to Longhorn far outweighs the harm to Hollman

because Hollman will not be harmed if it is precluded from selling or offering for sale lockers with

infringing designs and ornamentation it ripped off from Longhorn. But if a permanent injunction

is not entered, Longhorn will suffer and continue to suffer injury as a result of Hollman’s brazen

infringement and Longhorn’s resulting loss of business and reputation in the market. Finally, the

public interest is always served when the Court ensures compliance with the Copyright and Patent

Acts and enjoins infringers. Protecting valid copyrights and patents does not disserve the public

interest.

87
Case 3:19-cv-02872-C Document 1 Filed 12/04/19 Page 88 of 91 PageID 88

5. Longhorn therefore requests that this Court enter a preliminary, or in the alternative,

a permanent injunction enjoining Hollman, its officers, directors, employees and agents and all

those in active concert or participation with them from: (1) infringing Longhorn’s copyrighted

works or any future derivative works; (2) creating any derivative works from Longhorn’s

copyrighted works; (3) infringing the ‘602 Patent by selling, offering for sale and exposing for sale

any ornamental designs of a locker with a folding seat back (as depicted in claim 1 of the ‘602

Patent) in Hollman’s brochures, website and other advertising materials.

6. In addition, Longhorn requests the Court order that (1) Hollman remove all textual

and pictorial references to the locker it installed at the Saints facility on its brochures, website,

PowerPoint presentations and other advertising materials; (2) Hollman destroy all brochures,

PowerPoint presentations and other advertising materials that contain any textual and pictorial

references to the locker it installed at the Saints facility; (3) Hollman provide the following written

notice to its customers and potential customers to whom it sent the infringing materials and to post

the following notice prominently on the home page of its website for at least the same length of

time during which Hollman’s infringing activities occurred:

“The United States District Court for the Northern District of Texas concluded that
Hollman, Inc. infringed Longhorn Locker Company, LLC’s copyrighted works and
infringed United States Patent No. D826,602 by designing, manufacturing, selling
and offering for sale the lockers Hollman installed at the New Orleans Saints
practice facility in 2017;”

and (4) Hollman file within ten (10) days of the date of the Court’s Order a sworn declaration,

signed under penalty of perjury, that it complied with this Court’s Order.

VI. CONDITIONS PRECEDENT

7. All conditions precedent have been met or have occurred.

88
Case 3:19-cv-02872-C Document 1 Filed 12/04/19 Page 89 of 91 PageID 89

VII. REQUEST FOR ATTORNEY’S FEES

8. Longhorn is also entitled to recover its reasonable costs and attorney’s fees against

Hollman, Mathas and Crystal Clear pursuant to 17 U.S.C. §505. Longhorn is entitled to recover

its attorney’s fees against Hollman, Mathas, Crystal Clear and TITAN for their willful and

malicious misappropriation under Texas Civil Practice and Remedies Code §134A.005. Further,

because this is an exceptional case of patent infringement, Longhorn is entitled to recover its

attorney’s fees against Hollman under 35 U.S.C. §285. Finally, Longhorn is entitled to recover its

attorney’s fees, court costs, expert fees and other cost of enforcement against TITAN under the

Vendor Confidentiality & Non-Use Agreement.

VIII. REQUEST FOR JURY TRIAL

9. Longhorn requests a trial by jury.

PRAYER

For the reasons stated, Longhorn respectfully requests that this Court:

a. award Longhorn its actual, compensatory and special damages as set forth above;

b. enter a preliminary, or in the alternative, a permanent injunction enjoining


Hollman, its officers, directors, employees and agents and all those in active concert
or participation with them from: (1) infringing Longhorn’s presently existing
copyrighted works or any future derivative works; (2) creating any derivative works
from Longhorn’s copyrighted works; and (3) infringing the ‘602 Patent by selling,
offering for sale and exposing for sale ornamental designs of a locker with a folding
seat back in Hollman’s brochures, website and other advertising materials;

c. order that (1) Hollman remove all textual and pictorial references to the locker it
installed at the Saints facility on its brochures, website, PowerPoint presentations
and other advertising materials; (2) Hollman destroy all brochures, PowerPoint
presentations and other advertising materials that contain any textual and pictorial
references to the locker it installed at the Saints facility; (3) Hollman provide the
following written notice to its customers and potential customers to whom it sent
the infringing materials and to post the following notice prominently on the home
page of its website for at least the same length of time during which Hollman’s
infringing activities occurred:

89
Case 3:19-cv-02872-C Document 1 Filed 12/04/19 Page 90 of 91 PageID 90

“The United States District Court for the Northern District of Texas
concluded that Hollman, Inc. infringed Longhorn Locker Company,
LLC’s copyrighted works and infringed United States Patent No.
D826,602 by designing, manufacturing, selling and offering for sale
the lockers Hollman installed at the New Orleans Saints practice
facility in 2017”; and

(4) Hollman file within ten (10) days of the date of the Court’s Order a sworn
declaration, signed under penalty of perjury, that it complied with this Court’s
Order;

d. award Longhorn its reasonable attorney’s fees;

e. award Longhorn’s costs of court;

f. award Longhorn pre- and post-judgment interest at the highest amount allowed by
law; and

g. enter such other and further relief that Longhorn may show itself justly entitled.

Respectfully submitted,

/s/ Joseph F. Cleveland, Jr.


Joseph F. Cleveland, Jr.
Texas Bar No. 04378900
jcleveland@belaw.com
Angélique M. McCall
Texas Bar No. 24104172
amccall@belaw.com

BRACKETT & ELLIS


A Professional Corporation
100 Main Street
Fort Worth, TX 76102-3090
Telephone: 817/338-1700
Facsimile: 817/870-2265

ATTORNEYS FOR PLAINTIFFS


LONGHORN LOCKER COMPANY, LLC and
AMERICAN INDEPENDENCE
MANUFACTURING, LLC collectively doing
business as LONGHORN LOCKER, AMERICAN
INDEPENDENCE MANUFACTURING and AIM

90
Case 3:19-cv-02872-C Document 1 Filed 12/04/19 Page 91 of 91 PageID 91

CERTIFICATE OF SERVICE

In accordance with 17 C.F.R. 205.13 and Fed. R. Civ. P. 4(i), I certify that on December
4, 2019 a true and correct copy of the foregoing complaint and notice of the institution of the action
was served by certified mail on the following:

General Counsel
U.S. Copyright Office
P.O. Box 70400
Washington, DC 20024–0400

Attorney General
United States Department of Justice
Attn: Director of Intellectual Property Staff, Civil Division
U.S. Department of Justice
Washington, DC 20530

United States Attorney


Northern District of Texas
Attn: Civil Process Clerk
Earle Cabell Federal Building
1100 Commerce Street, Suite 300
Dallas, Texas 75242-1699

/s/ Joseph F. Cleveland, Jr.


Joseph F. Cleveland, Jr.

994105-v1/15718-002000

91
Case 3:19-cv-02872-C Document 1-1 Filed 12/04/19 Page 1 of 16 PageID 92

EXHIBIT “A”
Case 3:19-cv-02872-C Document 1-1 Filed 12/04/19 Page 2 of 16 PageID 93
I111111111111111111111 111111US00D826602S
1111 IIIII IIIII IIIII IIIII 1111111111111111111 IIII

c12) United States Design Patent oo) Patent No.: US D826,602 S


Allen (45) Date of Patent: ** Aug. 28, 2018

(54) LOCKER WITH FOLDING SEAT BACK DESCRIPTION

(71) Applicant: Sam Allen, Maypearl, TX (US) FIG. 1 is a perspective view of a locker with folding seat
back according to the present application.
(72) Inventor: Sam Allen, Maypearl, TX (US) FIG. 2 is a front view of the locker with folding seat back
of FIG. 1.
(**) Term: 15 Years FIG. 3 is a rear view of the locker with folding seal back of
FIG. 1.
(21) Appl. No.: 29/595,094 FIG. 4 is a right side view of the locker with folding seat
back of FIG. 1.
(22) Filed: Feb. 24, 2017 FIG. 5 is a left side view of the locker with fo lding seat back
(51) LOC (11) Cl. . .............................................. 06-04 of FIG. 1.
FIG. 6 is a top view of the locker with folding seat back of
(52) U.S. C I. FIG. 1.
USPC ........................................................... D61664 FIG. 7 is a bottom view of the locker with folding seat back
(58) Field of Classification Search of FIG. 1.
USPC ... D6/334, 335, 336, 368, 642, 664, 707.19; FIG. 8 is a perspective view of the locker with folding seat
D8/331 back of FIG . 1 shown with the seat back folded out accord-
CPC ...... A47C 7/021; A47C 27/088; B61D 33/00; ing to the present application.
B64D 25/1 O; E06B 5/006 FIG. 9 is a perspective view of an alternative embodiment of
See application file for complete search history. a locker with folding seat back according to the present
application.
(56) References Cited FIG. 10 is a front view of the locker with folding seat back
U .S. PATENT DOCUMENTS of FIG. 9.
FIG. 11 is a rear view of the locker with folding seat back
2,429,050 A * l0/ 1947 Decker .................. B6LD33/00 of FIG. 9.
297/ 188.03 FIG. 12 is a right side view of the locker with folding seat
4 ,153,313 A • 5/ 1979 Propst ..................... E06B 5/006 back of FIG. 9.
232/43.I FIG. 13 is a left side view of the locker with folding seat
D330,639 S "' J1/ l992 Munro ..... ....................... 297/ 17 back of FIG. 9.
D385,125 S * JO/ 1997 Zapf ....................... ....... D61642
D430,749 S * 9/2000 Natuzzi .......................... D6/334 FIG. 14 is a top view of the locker with folding seat back of
D495,5ll S • 9/2004 Dingess ......................... D6/368 FIG. 9.
D809,366 S * 2/2018 Gokcebay ...................... DS/33 l FIG. 15 is a bottom view of the locker with folding seat back
(Continued) of FJG. 9; and,
FIG. 16 is a perspective view of the locker with folding scat
Primary Examiner - Kevin K Rudzinski back of PIG. 9 shown with the seat back folded out accord-
Assistant Examiner - Paul D Bohannon ing to the present application.
(74) Allorney, Agent, or Firm - James E. Walton The evenly-spaced broken lines in all views are for the
CLAIM purpose of illustrating environmental structure, and form no
(57)
part of the claimed design.
The ornamental design for a locker with folding seat back,
as shown and described. 1 Claim, 13 Drawing Sheets
Case 3:19-cv-02872-C Document 1-1 Filed 12/04/19 Page 3 of 16 PageID 94

US D826,602 S
Page 2

(56) References Cited


U.S. PATENT DOCUMENTS

2010/0148552 Al * 6/2010 Bred! ..................... B64D 25/ 10


297/228.13
2016/0128490 Al• 5/2016 Cheng .................. .. A47C 27/10
5/655.3

* cited by examiner
Case 3:19-cv-02872-C Document 1-1 Filed 12/04/19 Page 4 of 16 PageID 95

U.S. Patent Aug. 28, 2018 Sheet 1 of 13 US D826,602 S


Case 3:19-cv-02872-C Document 1-1 Filed 12/04/19 Page 5 of 16 PageID 96

U.S. Patent Aug. 28, 2018 Sheet 2 of 13 US D826,602 S

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Case 3:19-cv-02872-C Document 1-1 Filed 12/04/19 Page 6 of 16 PageID 97

U.S. Patent Aug. 28, 2018 Sheet 3 of 13 US D826,602 S

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Case 3:19-cv-02872-C Document 1-1 Filed 12/04/19 Page 7 of 16 PageID 98

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Case 3:19-cv-02872-C Document 1-1 Filed 12/04/19 Page 8 of 16 PageID 99

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Case 3:19-cv-02872-C Document 1-1 Filed 12/04/19 Page 9 of 16 PageID 100

U.S. Patent Aug. 28, 2018 Sheet 6 of 13 US D826,602 S


Case 3:19-cv-02872-C Document 1-1 Filed 12/04/19 Page 10 of 16 PageID 101

U.S. Patent Aug. 28, 2018 Sheet 7 of 13 US D826,602 S

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Case 3:19-cv-02872-C Document 1-1 Filed 12/04/19 Page 11 of 16 PageID 102

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Case 3:19-cv-02872-C Document 1-1 Filed 12/04/19 Page 12 of 16 PageID 103

U.S. Patent Aug. 28, 2018 Sheet 9 of 13 US D826,602 S

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Case 3:19-cv-02872-C Document 1-1 Filed 12/04/19 Page 13 of 16 PageID 104

U.S. Patent Aug. 28, 2018 Sheet 10 of 13 US D826,602 S

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Case 3:19-cv-02872-C Document 1-1 Filed 12/04/19 Page 14 of 16 PageID 105

U.S. Patent Aug. 28, 2018 Sheet 11 of 13 US D826,602 S

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Case 3:19-cv-02872-C Document 1-1 Filed 12/04/19 Page 15 of 16 PageID 106

U.S. Patent Aug. 28, 2018 Sheet 12 of 13 US D826,602 S

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Case 3:19-cv-02872-C Document 1-1 Filed 12/04/19 Page 16 of 16 PageID 107

U.S. Patent Aug. 28, 2018 Sheet 13 of 13 US D826,602 S


Case 3:19-cv-02872-C Document 1-2 Filed 12/04/19 Page 1 of 12 PageID 108

EXHIBIT “B”
'
Case

3:19-cv-02872-C
. > . I I
Document 1-2 Filed 12/04/19 Pagej 2 of 12 PageID 109
. · Gertific::ate of Registtatiotf
. . .. ,/ ' .-- . ._, .- .. •' •, . ·-. .

~: R~gistrJt:ion Nlimb~r ·· .
. ·v1t.2~ls3~424· · .
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· <Author
• Aufhor: L~nghornLockerCotLc· .·
. Author Created:' 2~D:attwork: . .
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·•

. , Citizen of} ··united States

Copyrigh!ClaiJnant_' -~ i

.. - C,opyright C::Iahiui~t: l,~11ghg~tiLoc(e;'.coLLC . . _


P.O, Box 375~ :Venus,,TX, 76084, United Statef ·

·. Organization l\fa~ti: J,~\i,i Offi6~s of J;fues t W~ltgn, P:L.L c:


. . N~me: . JarneI; E:·waiton·i > .
. :Email: -jiin@~waltohpHo'.com.
Tel~phon1i: (817,)447,,99,55 . . .
<Address:· 1169 N. B1rrleson'Blvd.tSuite 107~328 ' .
' . , , Btrleson,
, \
TX. 76028
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.
States
,, .
•. .,

Certification
Name: Jatnes ;B, Walton

Page 1of 2
Case 3:19-cv-02872-C Document 1-2 Filed 12/04/19
SAINTS Page 3 of 12 PageID 110
FUSION

~DEfENDER

© These drawings and the information it discloses is exclusive property of American Independence Manufacturing any reproduction or use of this drawing/designs. In part or in whole without express written consent of American Independence manufacturing is prohibited
Case 3:19-cv-02872-C Document 1-2 Filed 12/04/19
SAINTS Page 4 of 12 PageID 111

© These drawings and the information it discloses is exclusive property of American Independence Manufacturing any reproduction or use of this drawing/designs. In part or in whole without express written consent of American Independence manufacturing is prohibited
Case 3:19-cv-02872-C Document 1-2 Filed 12/04/19
SAINTS Page 5 of 12 PageID 112

n_

© These drawings and the information it discloses is exclusive property of American Independence Manufacturing any reproduction or use of this drawing/designs. In part or in whole without express written consent of American Independence manufacturing is prohibited
Case 3:19-cv-02872-C Document 1-2 Filed 12/04/19 Page 6 of 12 PageID 113

••••••••
••••••
Case 3:19-cv-02872-C Document 1-2 Filed 12/04/19 Page 7 of 12 PageID 114

........................... .. .. .. -. .......
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Case 3:19-cv-02872-C Document 1-2 Filed 12/04/19 Page 8 of 12 PageID 115
Case 3:19-cv-02872-C Document 1-2 Filed 12/04/19 Page 9 of 12 PageID 116

......
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Case 3:19-cv-02872-C Document 1-2 Filed 12/04/19 Page 10 of 12 PageID 117

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Case 3:19-cv-02872-C Document 1-2 Filed 12/04/19 Page 11 of 12 PageID 118
Case 3:19-cv-02872-C Document 1-2 Filed 12/04/19 Page 12 of 12 PageID 119

Ir
Case 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 1 of 25 PageID 120

EXHIBIT “C”
Case 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 2 of 25 PageID 121

-----Original Message-----
From: Copyright Office [mailto:cop-rc@loc.gov]
Sent: Monday, September 16, 2019 2:44 PM
To: jim@waltonpllc.com
Subject: [SPAM] Acknowledgement of Uploaded Deposit

THIS IS AN AUTOMATED EMAIL. PLEASE DO NOT REPLY.

Thank you for submitting your registration claim using the Electronic Copyright Office (ECO) System.

 The following files were successfully uploaded for service request 1-8073830571

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United States Copyright Office


Case 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 3 of 25 PageID 122

From: Copyright Office [mailto:noreply@loc.gov]


Sent: Monday, September 16, 2019 2:34 PM
To: jim@waltonpllc.com
Subject: [SPAM] Confirmation of Receipt
 

THIS IS AN AUTOMATED EMAIL - PLEASE DO NOT REPLY.

Your Application and payment for the work Sculpture of Locker were received by the
U.S.Copyright Office on 9/16/2019.

PLEASE NOTE:  Your submission is not complete until you upload or mail the material you
are registering. To do so, logon to https://eco.copyright.gov/eService_enu/ and click on case
number 1-8073830571 in the Open Cases table. Follow the instructions to either upload a
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SHIPPING SLIPS:  If you mail physical copies of the material being registered, the effective
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You may check the status of this claim via eCO using this number 1-8073830571. If you have
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United States Copyright Office


Case 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 4 of 25 PageID 123

Longhorn Locker Co LLC (“Longhorn”) designs and manufactures high-end custom


lockers for professional and collegiate athletic sports teams. Longhorn seeks to register its new
three-dimensional sculptural reproduction of a work of art called Sculpture of Locker. Longhorn
is specifically excluding from its copyright claim to this work all preexisting two-dimension
artwork on the locker itself (including the preexisting fleur-de-lis, the New Orleans Saints name
and logo, and the player name and number) and all ideas, concepts, designs and functionality of
the utilitarian aspects of the footlocker, bench, seat back, shelving, cabinets and lockbox in
Sculpture of Locker.

Longhorn is the author and owner of the two-dimensional work of art entitled Images of
Lockers, U.S. Copyright Registration No. VA 2-153-424 (effective date of registration February
06, 2018). Because the U.S. Copyright Office found that Images of Locker “contain[ed] a
sufficient amount of original and creative pictorial” elements to register a copyrightable claim to
the images, Longhorn seeks to register Sculpture of Locker, a three-dimensional sculptural
reproduction of a work of art, interpreting, recasting, transforming and adapting the source work,
Images of Lockers, into a new work.

Sculpture of Locker is not an exact replica of Images of Lockers and includes additional
independent works of creative expression not found in Images of Locker. See Star Athletica, L.L.C.
v. Varsity Brands, Inc., 137 S. Ct. 1002, 1010 (2017) (acknowledging that “a replica [of a useful
article] could itself be copyrightable.”). Specifically, Images of Lockers is two-dimensional
pictorial artwork depicting four lockers. Sculpture of Locker, however, is a three-dimensional
sculptural reproduction of only one locker. Additionally, the shape, lines, perspective, and other
details between Images of Lockers and Sculpture of Locker are significantly different. The overall
shape of Images of Lockers is a horizontal rectangle, whereas Sculpture of Locker is in the shape
of a vertical rectangle. The valance that creates the continuous upper line of Images of Lockers is
longer than the upper line created by the valance in Sculpture of Locker. The perspective is
different because Images of Lockers only depicts two sides of the locker—the front and the left
side—and does not include a view of the back, right side, top or bottom of the lockers. On the
other hand, Sculpture of Locker includes all six sides of the sculpture. Images of Lockers includes
a depiction of Longhorn’s AIM™ word mark and its design consisting of a red, white and blue
shield with stylized wings and Longhorn’s FUSION DEFENDER™ word mark and design mark
consisting of a shield with crossed swords. In Sculpture of Locker, some of these word and design
marks are depicted on the backside of the locker but are created differently. The AIM™ design
mark appears in black on a stainless-steel plate and does not have the AIM™ word mark or the
red, white and blue color on the shield. The DEFENDER™ word mark appears in black on the
stainless-steel plate but does not include the design mark consisting of a shield with crossed
swords.

Longhorn claims a copyright in its new three-dimensional sculptural reproduction of a


work of art, interpreting, recasting, transforming and adapting the source work, Images of Lockers.
Sculpture of Locker contains numerous features of original authorship and creative expression.
Sculpture of Locker is a creative interpretation of a stylized football field. The work is in the shape
of a long rectangle—the same shape as a football field. A decorative football-shaped cut out is
molded into the leather seat back with horizontal openings, suggesting the line of scrimmage of a
football field. The work is adorned with sleek and contemporary shiny metallic trim pieces,
suggesting the yard lines of a football field. On the upper portion is a colored back-lit nameplate
Case 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 5 of 25 PageID 124

to display a player’s name and number, suggesting the endzone of a football field. On the opposite
end is a modern metallic inset screen with a clean, round perforated grill pattern used as a backdrop
to display a team name or logo, suggesting the opposite endzone of a football field. There are
matching decorative contours and carvings on each of the side panels, suggesting the sidelines of
a football field to separate the field of play from out of bounds. The new material in Sculpture of
Locker is carved in wood, formed in leather, decoratively lit with back lighting and trimmed in
stainless steel.

Furthermore, the creative elements of this sculptural work are not merely standard shapes
with no additional design elements. Sculpture of Locker combines multiple types of geometric
shapes in a variety of sizes, colors, materials and perspectives culminating in a creative design that
goes beyond the mere display of a few geometric shapes in a preordained or obvious arrangement.
In other words, Sculpture of Locker is not a mere variation of the well-known and typical box-
shaped locker. Original authorship of creative expression is present in Sculpture of Locker through
the selection, coordination, and arrangement of ornamentation, lighting, texture, color, materials,
images, words and other elements, providing a sufficient amount of creative expression in the work
as a whole. Therefore, the distinctive features of creative authorship found in Sculpture of Locker
satisfy the basic requirements of originality and creativity.

The locker depicted in Sculpture of Locker is a useful article. The “design of a useful
article shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent
that, such design incorporates pictorial, graphic, or sculptural features that can be identified
separately from, and are capable of existing independently of, the utilitarian aspects of the article.”
17 U.S.C. § 101. In Star Athletica, the Supreme Court held “that a feature incorporated into the
design of a useful article is eligible for copyright protection only if the feature (1) can be perceived
as a two- or three-dimensional work of art separate from the useful article and (2) would qualify
as a protectable pictorial, graphic, or sculptural work – either on its own or fixed in some other
tangible medium of expression – if it were imagined separately from the useful article into which
it is incorporated.” 137 S. Ct. at 1007. A feature may be protected even if it retains the overall
shape of a useful article if that feature can be imaginatively removed from the surface of that
article. See Star Athletica, 137 S. Ct. at 1012 (recognizing that “[j]ust as two-dimensional fine art
corresponds to the shape of the canvas on which it is painted, two-dimensional applied art
correlates to the contours of the article to which it is applied.”).

Figures 1, 2 and 3 are included in the deposit. These figures are two-dimensional line
drawings graphically illustrating the claimed creative expression that can be perceived as a two-
dimensional work of art separate from the useful features of the locker depicted in Sculpture of
Locker. The creative expression in Sculpture of Locker qualifies as copyrightable material because
the claimed expression can be imagined separately from the useful elements of the locker itself
and are capable of existing independently of the utilitarian aspects of the locker.

The decorative and ornamental elements of Sculpture of Locker have pictorial, graphic and
sculptural qualities which can be perceived as a two- or three-dimensional work of art separate
from the useful article. The arrangement of colors, shapes, and lines on the surface of the locker
can be separated from the locker and applied to another medium. As graphically illustrate in
Figures 1, 2 and 3, conceptually removing the surface decoration and ornamentation from the
locker and applying them in another medium does not replicate the locker itself. The decoration
Case 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 6 of 25 PageID 125

and ornamentation on Sculpture of Locker are nonuseful pictorial, graphical and sculptural works
on their own, and separable from the locker. See, e.g., Mazer v. Stein, 347 U.S. 201, 202, 214
(1954) (holding that the fact that a copyright registration for a pair of the statuettes intended to be
used as table lamps “with electric wiring, sockets and lamp shades attached” did not invalidate
their registration); Universal Furniture Internat’l, Inc. v. Collezione Europe USA, Inc., 618 F.3d
417, 434 (4th Cir. 2010) (holding that decorative elements of owner’s furniture designs were
conceptually separable from furniture’s utilitarian design); U.S. COPYRIGHT OFFICE, COMPENDIUM
OF U.S. COPYRIGHT OFFICE PRACTICES § 924 (3rd ed. 2017).

The separable, stand-alone works depicted in Figures 1, 2 and 3 contain a sufficient amount
of creative and original expression to warrant registration. Feist Publications, Inc. v. Rural
Telephone Service Co., Inc., 499 U.S. 340, 345 (1991).

Brief Description of the Deposits

Photograph No. 1 depicts the front portion of Sculpture of Locker.

Figure 1 is a two-dimensional line drawing illustrating those creative elements claimed on


the front portion of Sculpture of Locker. (The solid lines denote the claimed creative
elements in Sculpture of Locker. The broken lines denote excluded useful features of the
locker.)

Photograph No. 2 depicts the front and side portions of Sculpture of Locker with
measurements identifying the height, width and depth of the work.

Photograph No. 3 depicts the right side of Sculpture of Locker.

Figure 2 is a two-dimensional line drawing illustrating those creative elements claimed on


the right side of Sculpture of Locker.

Photograph No. 4 depicts a closeup view of the decorative contours and carvings on the
right side of Sculpture of Locker.

Photograph No. 5 depicts the left side of Sculpture of Locker.

Figure 3 is a two-dimensional line drawing illustrating those creative elements claimed on


the left side of Sculpture of Locker.

Photograph No. 6 depicts a closeup view of the decorative contours and carvings on the
left side of Sculpture of Locker.

Photograph No. 7 depicts the back side of Sculpture of Locker.

Photograph No. 8 depicts a closeup view the back side of Sculpture of Locker showing the
copyright notice.
Case 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 7 of 25 PageID 126

Photograph No. 9 depicts a closeup view of the back side of Sculpture of Locker showing
the pictorial images of Longhorn’s AIM™ word mark and design mark consisting of a
shield with stylized wings and Longhorn’s FUSION DEFENDER™ word mark.

Photograph No. 10 depicts a closeup view of the decorative football-shaped cut out molded
into the leather seat back with horizontal openings.

Photograph No. 11 depicts a closeup view of the shiny metallic trim pieces.

Photograph No. 12 depicts a closeup view of the colored back-lit nameplate to display a
player’s name and number.

Photograph No. 13 depicts a closeup view of the decorative inset screen to display a team
name or logo.

Photograph No. 14 depicts the top portion of Sculpture of Locker. (Some useful features
depicted in this photograph are masked to protect trade secrets.)

Photograph No. 15 depicts the bottom portion of Sculpture of Locker.


Photo
Case1 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 8 of 25 PageID 127

Sculpture of Locker
Fig. 1 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 9 of 25 PageID 128
Case

Colored back-lit name


plate to display a
player’s name and
number suggesting a
football field end zone

Decorative football-
shaped cutout
molded into seat
back with horizontal
openings suggesting
the line of scrimmage
of a football field

Sleek and contemporary


shiny metallic trim
pieces suggesting yard
lines of a football field

Modern metallic inset


screen with a clean
round perforated grill
pattern used as a Solid lines denote
backdrop to display a claimed creative
elements
team name or logo
suggesting a football
Broken lines
field end zone
denote excluded
Sculpture of Locker useful features
Photo
Case2 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 10 of 25 PageID 129

Height = 110”

Width = 40” Depth = 46”

Sculpture of Locker
Photo
Case3 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 11 of 25 PageID 130

Sculpture of Locker
Fig.
Case2 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 12 of 25 PageID 131

Matching decorative contours


and carvings on side panels

Solid lines denote


claimed creative
elements

Broken lines
denote excluded
Sculpture of Locker useful features
Photo
Case4 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 13 of 25 PageID 132

Sculpture of Locker
Photo
Case5 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 14 of 25 PageID 133

Sculpture of Locker
Fig.
Case3 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 15 of 25 PageID 134

Matching decorative contours


and carvings on side panels

Solid lines denote


claimed creative
elements

Broken lines
denote excluded
Sculpture of Locker useful features
Case 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Photo
Page 16 of 25 PageID 1356

Sculpture of Locker
Photo
Case7 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 17 of 25 PageID 136

Sculpture of Locker
Photo
Case8 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 18 of 25 PageID 137

Sculpture of Locker
Photo
Case9 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 19 of 25 PageID 138

Sculpture of Locker
Photo 10 Case 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 20 of 25 PageID 139

Sculpture of Locker
Case 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 21 of 25 PageID 140

Sculpture of Locker
Photo 11
Case 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 22 of 25 PageID 141

Sculpture of Locker
Photo 12
Case 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 23 of 25 PageID 142

Sculpture of Locker
Photo 13
Case 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 24 of 25 PageID 143

Sculpture of Locker
Photo 14
Case 3:19-cv-02872-C Document 1-3 Filed 12/04/19 Page 25 of 25 PageID 144

Sculpture of Locker
Photo 15
Case 3:19-cv-02872-C Document 1-4 Filed 12/04/19 Page 1 of 6 PageID 145

EXHIBIT “D”
Case 3:19-cv-02872-C Document 1-4 Filed 12/04/19 Page 2 of 6 PageID 146
Case 3:19-cv-02872-C Document 1-4 Filed 12/04/19 Page 3 of 6 PageID 147
Case 3:19-cv-02872-C Document 1-4 Filed 12/04/19 Page 4 of 6 PageID 148
Case 3:19-cv-02872-C Document 1-4 Filed 12/04/19 Page 5 of 6 PageID 149
Case 3:19-cv-02872-C Document 1-4 Filed 12/04/19 Page 6 of 6 PageID 150
Case 3:19-cv-02872-C Document 1-5 Filed 12/04/19 Page 1 of 8 PageID 151

EXHIBIT “E”
Case 3:19-cv-02872-C Document 1-5 Filed 12/04/19
SAINTS Page 2 of 8 PageID 152
FUSION

~DEfENDER

© These drawings and the information it discloses is exclusive property of American Independence Manufacturing any reproduction or use of this drawing/designs. In part or in whole without express written consent of American Independence manufacturing is prohibited
Case 3:19-cv-02872-C Document 1-5 Filed 12/04/19
SAINTS Page 3 of 8 PageID 153

© These drawings and the information it discloses is exclusive property of American Independence Manufacturing any reproduction or use of this drawing/designs. In part or in whole without express written consent of American Independence manufacturing is prohibited
Case 3:19-cv-02872-C Document 1-5 Filed 12/04/19
SAINTS Page 4 of 8 PageID 154

n_

© These drawings and the information it discloses is exclusive property of American Independence Manufacturing any reproduction or use of this drawing/designs. In part or in whole without express written consent of American Independence manufacturing is prohibited
Case 3:19-cv-02872-C Document 1-5 Filed 12/04/19 Page 5 of 8 PageID 155

••••••••
••••••
Case 3:19-cv-02872-C Document 1-5 Filed 12/04/19 Page 6 of 8 PageID 156

........................... .. .. .. -. .......
......................................-.............. . . -.... ...
• • • • • • • • • • • • • • • • • • • • • • • • • • "lo

............................
..........................
...........................
..........................
Case 3:19-cv-02872-C Document 1-5 Filed 12/04/19 Page 7 of 8 PageID 157
Case 3:19-cv-02872-C Document 1-5 Filed 12/04/19 Page 8 of 8 PageID 158

......
.............. .
.......... . . .-.
. .. ..-....
.........
.........
.........
Case 3:19-cv-02872-C Document 1-6 Filed 12/04/19 Page 1 of 4 PageID 159

EXHIBIT “F”
Case 3:19-cv-02872-C Document 1-6 Filed 12/04/19 Page 2 of 4 PageID 160
LONGHORN LOCKER COMPANY, LLC
VENDOR CONFIDENTIALITY & NON-USE AGREEMENT

THIS CONFIDENTIALITY, NON-DISCLOSURE, NON-COMPETE AND NON-USE AGREEMENT ("Agreement") is entered into
and effective this ..1J..... day of 2,:.... , 20Q_ between Longho rn Locker~Co ., LLC ("Lon~ rn Locker" or "the
Company"), having its principal office in Johnson County, Texas and •1-A-AJ li:: ("Vendor").
L"D I,.} .·s.,-.'f.Nll- ~(_
WHEREAS, Longhorn Locker has been asked by Customer to provide Customer with custom design for
Customer's locker room(s), or the components of said locker room(s); and
WHEREAS, Longhorn Locker Company, LLC has asked Vendor to execute the required scope of work for
Customer's locker room(s), or the components of said locker room(s); and
WHEREAS, such designs are the intellectual property of Longhorn Locker and are only provided to Vendor in
completing an order from Longhorn Locker for the manufacture, delivery and installation of such locker room
components;
NOW, THEREFORE, for and in consideration of the mutual promises herein contained, employment of the
Vendor, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and
confessed, the parties agree as follows:

1. NON-USE/NON-DISCLOSURE OF INTELLECTUAL PROPERTY BY VENDOR


1.1 Non-Use : Non-Disclosu re. Vendor hereby recognizes, acknowledges, and agrees that the Company is the
owner of proprietary information, trade secrets and confidential information which it uses in business and
which provides it a competitive advantage. Except as provided by a written purchase agreement between
Longhorn Locker and Vendor, Vendor agrees to entirely refrain from the use, duplication, removal, transfer,
disclosure of any design, blueprint, drawing, conceptualization, idea, configuration and composition of
patterns, colors, products, materials, handicraft or other intellectual property (collectively such items are
referred to as "Design Drawings") (whether in whole or in part) created by Longhorn Locker Company, LLC as
submitted to Vendor for review and execution of scope of work. Vendor hereby recognizes, acknowledges,
and agrees that any such Design Drawings (whether used in whole or in part) are the sole and exclusive
property of Longhorn Locker Co ., LLC and provided to Vendor as scope of work to be performed by Vendor.
Vendor accepts and agrees that it is not entitled to utilize all or any portion of such creations without the
express written consent of Longhorn Locker for any purpose. Vendor further agrees to refrain from
incorporating any portion of any designed created by Longhorn Locker into any final design or product that
is manufactured by Vendor that is not expressly allowed by Longhorn Locker in written waiver.
1.2 Vendor agrees to safeguard all confidential information at all times so that it is not exposed to or taken by
unauthorized persons and will exercise best efforts to assure its safekeeping;
1.3 Vendor will not use or divulge any confidential information for the benefit of any person or entity other than
the Company;
1.4 Vendor shall deliver to the company all confidential information, tangible property and other things of value
to the Company in Vendor's possession or control, including personal notes and reproductions relating to
the business of Company or the work performed under this Agreement once services by Vendor have been
rendered.
1.5 Vendor shall, at no time, transfer, public, disclose, use or misappropriate any confidential information to any
private electronic drive, social network, electronic device, network server, email account, disk or other
method of electronic transfer without the express written consent of the Company.
2. COPYRIGHT
2.1 Vendor agrees that Longhorn Locker Company shall be the copyright owner in all copyrightable works of
every kind and description (including computer programs, internal reports, compilations of data and
publications) created or developed by them for purposes of Design Drawing submission to Customer. Should
Vendor assist the Company with any portion of the design or creation of design, Vendor hereby agrees, if
necessary, to execute written acknowledgment or assignments of copyright ownership of works covered by
the Agreement as may be necessary to preserve or vest such rights in the Longhorn Locker.

CONFIDENTIALITY AND NON-USE AGREEMENT Page 1


Case 3:19-cv-02872-C Document 1-6 Filed 12/04/19 Page 3 of 4 PageID 161
3. NON-COMPETE
3.1 A "Competing Business" means any person or entity that provides services or products that compete with or
displace any services or products provided by Longhorn Locker Company during Vendor's services.
3.2 During the term of Vendor's services by Longhorn Locker Company, and for a period of two years after
service, Vendor shall not engage, directly or indirectly, in any business (either financially or as a shareholder, .•
employee, officer, or partner) which is in any respect a Competing Business with Longhorn Locker Company
within a 100 mile radius of Ellis, Johnson, Dallas or Tarrant Counties, Texas in an effort to disclose, utilize or
execute proprietary information, confidential information or design drawings belonging to Longhorn Locker
Company, LLC.
3.3 The Vendor shall not directly or indirectly contact or participate in contacting any person or entity which
Vendor knows to be a customer, vendor, employee, independent contractor, investor or competitor of the
Company for a period of two years from the date of cessation of Vendor's services for any purpose related
to engaging in any business activity that could be competitive to the Company. Specifically, such purposes
could include but are not limited to (a) soliciting business for a Competing Business; or (b) attempting to
induce a consumer to diminish, curtail, divert or cancel its business relationship with the Company.
4. INJUNCTIVE RELIEF
4.1 Vendor acknowledges that its compliance with Section 1, 2 and 3 are necessary to protect the proprietary
interest of Longhorn Locker Company. Vendor acknowledges that breach of any one of these paragraphs
will cause continuing irreparable damage or injury to the Company for which there is no adequate remedy at
law. Vendor agrees that event of breach or threatened breach by the Vendor of any of these sections,
Longhorn Locker Company shall be entitled to: (a) injunctive relief by temporary restraining order,
temporary injunction, and/or permanent injunction; (b) recovery of all attorneys' fees and costs incurred by
the in obtaining relief; and (c) any other legal and equitable relief to which it may be entitled including but
not limited to monetary damages. An agreed amount for the bond to be posted in an injunction is sought by
Longhorn Locker Company, LLC is one thousand dollars and 00/100 ($1,000.00). Longhorn Locker Company
may pursue any remedy available, including declaratory relief, concurrently or consecutively in any order as
to any breach, violation or threatened breach or violation, and the pursuit of one such remedy will not be
deemed an election of remedies or waiver of right to pursue any other remedy.
5. GENERAL PROVISIONS
5.1 Governing Law: Interpretation: Section Headings. This Agreement shall be governed by and construed and
enforced in accordance with the laws ofthe State of Texas. The section headings contained herein are for
purposes of convenience only, and shall not be deemed to constitute a part of this Agreement or to affect
the meaning or interpretation of this Agreement in any way. Venue for any dispute under this Agreement
shall be in Dallas County, Texas.
5.2 Severability. Should any provision of this Agreement be held unenforceable or invalid under the laws of the
United States of America or State of Texas or under any other applicable laws of any other jurisdiction, then
the parties agree that such provision shall be deemed modified for purposed of performance of this
Agreement in such jurisdiction to the extent necessary to render it lawful and enforceable. If a modification
is not possible without materially altering the intention of the parties, then such provision shall be severed
from this Contract for purposes of performance of this contract in such jurisdiction. The validity of the
remaining provisions of this contract shall not be affected by any such modification or severance.
5.3 Entire Agreement. This Contract sets forth the entire agreement and understanding of the parties and
supersedes all prior agreement, written or oral, arrangements and understanding between the parties. No
representation, promise, inducement or statement of intention has been made by any party which is not
embodied in this Contract. Neither party shall be bound by or liable for any alleged representation,
promise, inducement or statement of intention which is not stated in this Contract.
5.4 Binding Effect; Assignment. The rights of the Company hereunder shall inure to the benefit of its successors
and assigns. The Vendor may not assign or delegate rights or obligations hereunder.
5.5 Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the
terms, provisions, covenants or conditions may be waived, only by a written instrument signed by all partie
I
or, in the case of a waiver, by the party waiving compliance. The failure of any party at any time or times to

CONFIDENTIALITY AND NON-USE AGREEMENT Page 2


Case 3:19-cv-02872-C Document 1-6 Filed 12/04/19 Page 4 of 4 PageID 162
require performance of any provision hereof shall in no manner affect the right to enforce the same. No
waiver by any party of any condition contained in this Contract, in any one or more instances, shall be
deemed to be or construed as a further or continuing waiver of any such condition or breach, or as a waiver
of any other condition or of the breach of any other term, provision or covenant.
5.6 Attorneys' Fees. In the event a party must hire a lawyer to bring suit and or otherwise seek enforcement of
any provisions of this Agreement, the prevailing party shall receive from the non-prevailing party payments
for all attorneys' fees, court costs, expert witness fees and other costs of enforcement in connection with
enforcing or declaring that party's rights.
5.7 Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same instrument. This
Contract shall be binding when one or more counterparts hereof, individually or taken together, shall bear
the signatures of the parties reflected hereon as signatories.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written,
but to be effective as set forth above.

OCKER COMPANY, LLC

CONFIDENTIALITY AND NON-USE AGREEMENT Page 3


Case 3:19-cv-02872-C Document 1-7 Filed 12/04/19 Page 1 of 3 PageID 163

EXHIBIT “G”
Case 3:19-cv-02872-C Document 1-7 Filed 12/04/19 Page 2 of 3 PageID 164

From: Gary Schlatholt


To: Kellie Mathas
Subject: FW: Saints Locker
Date: Wednesday, February 8, 2017 9:57:19 AM
Attachments: image001.png

Kellie,
Here you go.

Gary Schlatholt
Director
Athletic Division

1825 W. Walnut Hill Lane, Suite 110


Irving, Texas 75038
P 972.815.4023 | F 972.815.2921 | C 214-475-4400
gary@hollman.com
www.hollman.com
Case 3:19-cv-02872-C Document 1-7 Filed 12/04/19 Page 3 of 3 PageID 165
Case 3:19-cv-02872-C Document 1-8 Filed 12/04/19 Page 1 of 7 PageID 166

EXHIBIT “H”
Case 3:19-cv-02872-C Document 1-8 Filed 12/04/19 Page 2 of 7 PageID 167

From: Kimberly Finney


To: Mollee McKee
Cc: Kellie Mathas; Gary Schlatholt; Dan Brown; Bobby Hughey; Osie Carroll; Tom Gozdzialski
Subject: Re: Shop Drawings from May 1, 2017
Date: Thursday, May 4, 2017 9:46:45 AM
Attachments: Saint locker shop drawings APPROVED 170504.pdf

Mollee:

Please find attached the approved shop drawings for the Saints lockers. We look forward to
reviewing the finished product when we visit in a couple of weeks. Kellie needs to review the
change order quote and sign off on that separately. Thanks.

Kim

Sincerely,

Kimberly Finney, Architect, LEED AP


Principal

Kimberly Finney Architect, LLC


1558 Annunciation Street
New Orleans, LA 70130

PH: (504) 754-1275


cell: (504) 908-3191

www.kfallc.com

On May 4, 2017, at 9:20 AM, Mollee McKee <mollee@hollman.com> wrote:

Confirmed. We will use the deep V cut option for the fleur de lis

Mollee McKee
Project Coordinator
Athletics Division

<image001.png>
1825 W. Walnut Hill Lane, Suite 110
Irving, Texas 75038
P 972.815.4045 | F 972.815.2921 |
mollee@hollman.com
www.hollman.com

NOTICE: This email and any attachments may contain confidential, non-public information and is intended solely for use by the intended
recipient(s). Any other use, disclosure, viewing, copying, alteration, or distribution of, or reliance on this information is strictly
prohibited. Hollman, Inc. makes no representation regarding the absence of any virus in any attachment and expressly disclaims any
responsibility for any damage suffered from the presence of a virus.
Case 3:19-cv-02872-C Document 1-8 Filed 12/04/19 Page 3 of 7 PageID 168

HQ)LLMAN TRANSMITTAL
1825 W. Walnut Hill Lane, Irving, Texas 75038 Date: 05/4//2017
Tel : (972) 815-4000, Fax: (972) 815-2921
www.hollman.com

To: New Orleans Sa ints Project Name: New Orleans Saints - Football
Order No.: LO-88791

Phone: (504) 754-1275 Design Engineer: Dan Brown


email: kir@tt:.OOTl Phone : (972) 815-4000
Email: dan@hollman .com
Attn: Kimberly Finney

We are sending you via Email:

0 Samples 0 Deposit Invoice


0 Shop drawings/submittals 0 Installation Instructions
O Product/Leed Data D Other

Attached please find our revised locker shop drawings and room layout.
These are being sent for your review, use, and approval.
Sign, date, and return to enable release for production at your earliest convenience.
Thank you.

Action Requested Bv: 5/4/2017

D
D
D
proved as submitted

Approved as noted
Revised & resubmit
Other as noted
""' ~ .Yt::'
f'F/ .,....,..--
V j

LeadUme Lead time for project is 8-10 weeks after the receipt of approvals and deposit.
Delays in approval and/or deposit may affect the delivery date

Sincerely,
Hollman Inc.

Dan Brown
Design Engineer
Case 3:19-cv-02872-C Document 1-8 Filed 12/04/19 Page 4 of 7 PageID 169

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Case 3:19-cv-02872-C Document 1-8 Filed 12/04/19 Page 7 of 7 PageID 172

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Case 3:19-cv-02872-C Document 1-9 Filed 12/04/19 Page 1 of 3 PageID 173

EXHIBIT “I”
Case 3:19-cv-02872-C Document 1-9 Filed 12/04/19 Page 2 of 3 PageID 174

CCC 001282
Case 3:19-cv-02872-C Document 1-9 Filed 12/04/19 Page 3 of 3 PageID 175
Case 3:19-cv-02872-C Document 1-10 Filed 12/04/19 Page 1 of 2 PageID 176

EXHIBIT “J”
Case 3:19-cv-02872-C Document 1-10 Filed 12/04/19 Page 2 of 2 PageID 177

EB000003
Case 3:19-cv-02872-C Document 1-11 Filed 12/04/19 Page 1 of 3 PageID 178

EXHIBIT “K”
Case 3:19-cv-02872-C Document 1-11 Filed 12/04/19 Page 2 of 3 PageID 179

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HQ) LLMAN GALLERY COLLECTIONS V PRODUCTS V TOOL BOX V ABOUT us V GET QUOTE PARTS STORE

2019 Football Lockers Brochure

BUILT FOR PEAK PERFORMANCE


FOOTBALL
PRO I COLLEGE I HIGH SCHOOL

Football players have large helmets, large pads, cleats, and sometimes afew different uniforms. Whereis all of that
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