Warrior v. Performance Lacrosse - Complaint

2:14-cv-14608-LVP-DRG Doc # 1 Filed 12/05/14 Pg 1 of 5
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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
WARRIOR SPORTS, INC.,
a Michigan corporation,
Case No.
Plaintiff,
Hon.
v.
COMPLAINT
PERFORMANCE LACROSSE
GROUP INC., d/b/a MAVERIK
LACROSSE, a Delaware corporation,
JURY TRIAL REQUESTED
Defendant.
___________________________________________/
Plaintiff Warrior Sports, Inc. brings its Complaint against Defendant
Performance Lacrosse Group Inc., d/b/a Maverik Lacrosse, stating as follows:
The Parties
1.
Plaintiff Warrior Sports, Inc. (Warrior) is a Michigan corporation
having its principal place of business in Warren, Michigan. Warrior is a sports

equipment manufacturer that manufactures and sells, among other things, lacrosse
heads.
2.
Upon information and belief, Defendant Performance Lacrosse Group
Inc., d/b/a Maverik Lacrosse (Maverik) is a Delaware corporation, with a

principal place of business at 535 West 24th Street, 5th Floor, New York, New
York 10011-1140. Maverik is also a sports equipment manufacturer who
manufactures and sells, among other things, lacrosse heads.
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Jurisdiction and Venue

3.
This is an action for patent infringement under the Patent Act, 35
U.S.C. 101 et seq.

4.
This Court has subject matter jurisdiction under 28 U.S.C. 1331
and 1338(a), as this action arises under the patent laws of the United States.
5.
Upon information and belief, Maverik makes, sells, and offers for sale
lacrosse heads throughout the United States and has systematic and continuous
dealings within this District.
6.
Venue is proper in this District under 28 U.S.C. 1391 and 1400.

Allegations and Claim for Relief
7.
For many years, Warrior has continuously engaged in the
development, manufacture, and sale of a wide variety of athletic products. As a

result, Warrior quickly bypassed other manufacturers and has become one of the
premiere sources of sports equipment. The athletic products at issue in this
litigation are lacrosse heads.
8.
Warrior has taken steps over the years to protect its innovative sports
equipment, including lacrosse heads. In particular, Warrior is and has been the
sole owner by assignment of all right, title, and interest in United States Design
Patent No. D699798 (the 798 Patent), titled Lacrosse Head, issued February
18, 2014. (Exhibit 1.)
9.
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At all times relevant to this litigation, Warrior has executed
appropriate patent marking in connection with products embodying the patented

invention, thus providing notice of the 798 Patent.
10.
Warrior is entitled to sue for past, present, and future infringement of
the 798 Patent.

11.
Maverik is in the business of manufacturing or having manufactured,
offering to sell, selling or importing into the United States various lacrosse
products, including lacrosse heads, in competition with major manufacturers,
including Warrior.
12.
Maverik has, without authority or license from Warrior, made, used,
offered to sell, sold or imported into the United States lacrosse heads that are
covered by the 798 Patent. The infringing lacrosse heads include, but are not
limited to, the Tank lacrosse head. (Exhibit 2.)
13.
Maverik sells the Tank lacrosse head throughout the United States and
within this District. Specifically, but without limitation, Maveriks website,

maveriklacrosse.com, includes a dealer locator that identifies local retailers that
market, offer to sell, and sell the Tank lacrosse head. These retailers include a
number of online retailers, including Lacrosse Monkey (lacrossemonkey.com),
LAX World (laxworld.com), Sport Stop (sportstop.com) and Universal Lacrosse
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(universallacrosse.com), as well as other retailers that sell online and through

physical stores, such as Dicks Sporting Goods, a national sporting goods retailer.
14.
Upon information and belief, Maverik expressly authorizes and
continues to authorize the sale of the Tank lacrosse heads.

COUNT I: Infringement of the 798 Patent by Maverik
15.
Warrior incorporates by reference all preceding paragraphs.
16.
Warrior is the owner by assignment of all right, title, and interest in
and to the 798 Patent.

17.
Maverik has been and still is making, using, offering to sell, selling or
importing into the United States lacrosse heads, including, but not limited to, the
Tank lacrosse head, which infringe the 798 Patent in violation of 35 U.S.C.
271(a).
18.
Maveriks continued infringement of the 798 Patent has damaged and
will continue to damage Warrior.

19.
By reason of Maveriks infringement of the 798 Patent, Warrior has
been irreparably harmed, and unless and until Maverik is enjoined by this Court,
Warrior will continue to suffer irreparable damage and injury for which it has no
adequate remedy at law.
WHEREFORE, Warrior respectfully requests the following relief:
A.
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Judgment that Maverik has infringed and actively induced others to
infringe the 798 Patent;

B.
A permanent injunction enjoining Maverik, its officers, employees,
agents, and all others acting in concert with it or participating with it from further
infringement and/or inducement of infringement of the 798 Patent;
C.
An award of damages adequate to compensate Warrior for Maveriks
infringement, but in no event less than Warriors actual profits as provided under
35 U.S.C. 289 or a reasonable royalty under 35 U.S.C. 284;
D.
Enter an order awarding Warrior interest on the damages awarded and
its costs pursuant to 35 U.S.C. 284, 289; and,

E.
Award such other relief as the Court may deem appropriate and just
under the circumstances.

DEMAND FOR JURY TRIAL
Warrior demands a trial by jury.
Respectfully submitted,
Dated: December 4, 2014
By: /s/ R. Michael Azzi

Douglas A. Dozeman (P35781)
Janet Ramsey (P63285)
Homayune Ghaussi (P63028)
R. Michael Azzi (P74508)
Attorneys for Plaintiff Warrior Sports, Inc.
11757376.2
2:14-cv-14608-LVP-DRG Doc # 1-1 Filed 12/05/14 Pg 1 of 8
EXHIBIT 1
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USO0D699798S
(12) United States Design Patent (10) Patent No.:

Paquette et a1.
(54)
US D699,798 S
(45) Date of Patent:
LACROSSE HEAD
*9: Feb. 18, 2014
Primary Examiner * Mitchell Siegel

(74) Attorney, Agent, or Firm * Warner Norcross & Judd
(75) Inventors: Adam D. Paquette, Leominster, MA
LLP
(US); Thomas H. Burns, Royal Oak, MI
(Us)
(57)
(73) Assignee: Warrior Sports, Inc., Warren, MI (US)

(**)
Term:
CLAIM
The ornamental design for lacrosse head, as shoWn and

described.
14 Years
DESCRIPTION
(21) Appl. No.: 29/430,347

FIG. 1 is a rear bottom perspective vieW of the lacrosse head
Aug. 24, 2012

(22) Filed:
(51) LOC (10) Cl. .............................................. ..
(52) US. Cl.
USPC
(58)
....................................................... ..
embodying the neW design;

21-02
D21/753
FIG. 2 is an enlarged vieW of the lacrosse head of FIG. 1;

FIG. 3 is a bottom vieW of the lacrosse head;
FIG. 4 is a top vieW thereof;
Field of Classi?cation Search
FIG. 5 is a right side perspective vieW of the lacrosse head, the
USPC ........................ .. D21/724, 753; 473/505i5l5
left side perspective vieW being a mirror image thereof;
See application ?le for complete search history.
FIG. 6 is a front vieW thereof;

FIG. 7 is an enlarged rear bottom perspective vieW thereof;
References Cited
FIG. 8 is a rear bottom perspective vieW of a ?rst alternative
(56)
embodiment of the lacrosse head; and,
U.S. PATENT DOCUMENTS

5,865,694 A *
7,282,000
B2 *
7,749,113 B2 *
8,052,549
B2 *
2/1999
10/2007
Duong-Van ................. .. 473/520

Brine et a1.
......
7/2010 Morrow et a1.

11/2011
Sykora
. .... ... .
OTHER PUBLICATIONS
Brine Clutch (Admitted Prior Art).
Warrior Revo (Admitted Prior Art).
* cited by examiner
. . . . ..
473/513
.. 473/513
. . . . ..
473/513
FIG. 9 is an enlarged rear bottom perspective vieW of the

lacrosse head of FIG. 8.
FIGS. 1-9 shoW features of a lacrosse head in phantom lines.
These features are shoWn for environmental purposes and do
not form any part of the claimed design. The claimed features
of the lacrosse head in solid lines represent the outermost
boundary of the lacrosse head in the solid line locations When
the lacrosse head is viewed from the perspectives of FIGS.
1-9.
1 Claim, 6 Drawing Sheets
U S Patent
Feb. 18, 2014
Sheet 1 of6
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US D699,798 S
U S. Patent
Feb. 18, 2014
Sheet 2 of6
Pg ID 9
US D699,798 S
U S. Patent
Feb. 18, 2014
Sheet 3 of6
Pg ID 10
US D699,798 S
U S. Patent
Feb. 18, 2014
Sheet 4 of6
Pg ID 11
US D699,798 S
U S. Patent
Feb. 18, 2014
Sheet 5 of6
Pg ID 12
US D699,798 S
US. Patent
Feb. 18, 2014
Sheet 6 of6
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US D699,798 S
EXHIBIT 2
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Maverik Tank Lacrosse Head
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Warrior v. Performance Lacrosse - Complaint

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2:14-cv-14608-LVP-DRG Doc # 1 Filed 12/05/14 Pg 1 of 5

UNITED STATES DISTRICT COURT

JURY TRIAL REQUESTED

Plaintiff Warrior Sports, Inc. (Warrior) is a Michigan corporation

having its principal place of business in Warren, Michigan. Warrior is a sports

Upon information and belief, Defendant Performance Lacrosse Group

Inc., d/b/a Maverik Lacrosse (Maverik) is a Delaware corporation, with a

2:14-cv-14608-LVP-DRG Doc # 1 Filed 12/05/14 Pg 2 of 5

Jurisdiction and Venue

This is an action for patent infringement under the Patent Act, 35

U.S.C. 101 et seq.

This Court has subject matter jurisdiction under 28 U.S.C. 1331

Venue is proper in this District under 28 U.S.C. 1391 and 1400.

For many years, Warrior has continuously engaged in the

development, manufacture, and sale of a wide variety of athletic products. As a

2:14-cv-14608-LVP-DRG Doc # 1 Filed 12/05/14 Pg 3 of 5

At all times relevant to this litigation, Warrior has executed

appropriate patent marking in connection with products embodying the patented

Warrior is entitled to sue for past, present, and future infringement of

the 798 Patent.

Maverik is in the business of manufacturing or having manufactured,

Maverik has, without authority or license from Warrior, made, used,

within this District. Specifically, but without limitation, Maveriks website,

2:14-cv-14608-LVP-DRG Doc # 1 Filed 12/05/14 Pg 4 of 5

(universallacrosse.com), as well as other retailers that sell online and through

Upon information and belief, Maverik expressly authorizes and

continues to authorize the sale of the Tank lacrosse heads.

Warrior incorporates by reference all preceding paragraphs.

Warrior is the owner by assignment of all right, title, and interest in

and to the 798 Patent.

Maveriks continued infringement of the 798 Patent has damaged and

will continue to damage Warrior.

By reason of Maveriks infringement of the 798 Patent, Warrior has

2:14-cv-14608-LVP-DRG Doc # 1 Filed 12/05/14 Pg 5 of 5

Judgment that Maverik has infringed and actively induced others to

infringe the 798 Patent;

A permanent injunction enjoining Maverik, its officers, employees,

An award of damages adequate to compensate Warrior for Maveriks

Enter an order awarding Warrior interest on the damages awarded and

its costs pursuant to 35 U.S.C. 284, 289; and,

under the circumstances.

Dated: December 4, 2014

By: /s/ R. Michael Azzi

2:14-cv-14608-LVP-DRG Doc # 1-1 Filed 12/05/14 Pg 1 of 8

2:14-cv-14608-LVP-DRG Doc # 1-1 Filed 12/05/14 Pg 2 of 8

(12) United States Design Patent (10) Patent No.:

(45) Date of Patent:

*9: Feb. 18, 2014

Primary Examiner * Mitchell Siegel

(75) Inventors: Adam D. Paquette, Leominster, MA

(US); Thomas H. Burns, Royal Oak, MI

(73) Assignee: Warrior Sports, Inc., Warren, MI (US)

The ornamental design for lacrosse head, as shoWn and

(21) Appl. No.: 29/430,347

Aug. 24, 2012

embodying the neW design;

FIG. 2 is an enlarged vieW of the lacrosse head of FIG. 1;

Field of Classi?cation Search

FIG. 5 is a right side perspective vieW of the lacrosse head, the

USPC ........................ .. D21/724, 753; 473/505i5l5

left side perspective vieW being a mirror image thereof;

See application ?le for complete search history.

FIG. 6 is a front vieW thereof;

FIG. 8 is a rear bottom perspective vieW of a ?rst alternative