Case 1:15-cv-02624-AT Document 1 Filed 07/24/15 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
INTELLECTUAL SPORTING GOODS,
LLC, a Georgia company,
Plaintiff,
v.
SYNLAWN, LLC, a Georgia company;
LOWES COMPANIES, INC., a North
Carolina corporation; GOLFSMITH
INTERNATIONAL, INC., a Delaware
corporation.

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CIVIL ACTION NO.

_________

JURY TRIAL DEMANDED

Defendant.
COMPLAINT
For its Complaint, Plaintiff Intellectual Sporting Goods, LLC (ISG) states
the following against Defendants Synlawn, LLC, Lowes Companies, Inc., and
Golfsmith International, Inc..
PARTIES
1.

ISG is a Georgia company with a principal place of business at 9745

Almaviva Drive, Johns Creek, Georgia 30022.

2.

Defendant Synlawn, LLC (Synlawn) is a Georgia limited liability

company with a principal place of business at 2680 Abutment Rd., Dalton, Georgia

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30721. The registered agent listed for Synlawn is William Peeples at 1906 S.
Hamilton St., Dalton, Georgia 30720.
3.

Defendant Lowes Companies, Inc. (Lowes) is a corporation of

North Carolina with a principal place of business at 1000 Lowes Blvd.,

Mooresville, North Carolina 28117. The registered agent listed for Lowes is
Corporation Service Company at 327 Hillsborough Street, Raleigh, North Carolina
27603-1725.
4.

Defendant Golfsmith International, Inc. (Golfsmith) is a corporation

of Delaware with a principal place of business at 11000 North IH-35, Austin,

Texas 78753. The registered agent listed for Golfsmith is Registered Agent
Solutions, Inc. at 1679 S. Dupont Hwy, Suite 100, Dover, Delaware 19901.
JURISDICTION AND VENUE
5. This is an action for patent infringement arising under the patent laws of
the United States, Title 35 of the United States Code, 271 and 281, et seq.
Accordingly, this Court has subject matter jurisdiction over this cause of action
pursuant to 28 U.S.C. 1331 and 1338(a).
6.

This Court has personal jurisdiction over Defendants because, on

information and belief, Defendants transact business in this State, have committed
tortious acts in this State, have committed a tortious act outside the State causing
injury in the State, and have derived substantial revenue or engaged in a persistent

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course of conduct in the State and the claims alleged arise out of such acts, and/or
have otherwise established contacts within this State making the exercise of
personal jurisdiction proper.
7.

Venue is proper in this District under 28 U.S.C. 1391(b) and (c)

because Defendants transact business within this District and offer for sale in this
District products that infringe ISGs asserted patent. In addition, venue is proper
because ISGs principal place of business is in this District and ISG has suffered
harm in this District. Moreover, a substantial part of the events giving rise to
ISGs claims have occurred and, unless enjoined, will continue to occur within this
District.
NATURE OF THE ACTION
8.

Brian Puterbaugh is a golf professional and member of the PGA who

developed an ornamental putting green design for which he sought and received
patent protection.
9.

U.S. Patent No. D566,218, entitled Heavy Duty Chipping and

Putting Green, (hereinafter the D218 Patent), was duly and legally issued on
April 8, 2008. A true and correct copy of the D218 Patent is attached hereto as
Exhibit A.
10.

Mr. Puterbaugh owns and operates ISG.

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11.

Mr. Puterbaugh conveyed his rights, title, and interest in and to the

D218 Patent to ISG through an assignment duly recorded in the United States
Patent and Trademark Office at Reel 32693, Frame 587 on April 3, 2014.
12.

ISG is the owner of the entire right, title, and interest in and to the

D218 Patent, including the right to sue for past and present infringements thereof.
13.

Defendant Synlawn designs, manufactures, and sells artificial turf

products, including a line of Dave Pelz GreenMaker putting greens.

14.

Defendants Synlawn, Lowes, and Golfsmith, as well as their

respective customers and distribution partners, advertise, market, distribute, offer

for sale, and sell the Dave Pelz GreenMaker putting green product line.
15.

As the below side-by-side comparison reveals, Synlawn has

misappropriated ISGs patented putting green design in the Dave Pelz GreenMaker
product line, which embodies several ornamental elements of ISGs proprietary
design.
ISGs D218 Patent

Synlawns GreenMaker

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16.

On or about April 15, 2014, ISG mailed Synlawn a letter discussing

the D218 Patent, Synlawns Dave Pelz GreenMaker putting green product line,
and the opportunity to license the D218 Patent.
17.

On or about May 29, 2014, a representative of ISG spoke with George

Neagle, Vice President of Sales and Marketing at Synlawn, regarding the D218
Patent, Synlawns Dave Pelz GreenMaker putting green product line, and the
opportunity to license the D218 Patent. During that conversation, Mr. Neagle
confirmed receipt of ISGs letter of April 15, 2014.
FIRST CLAIM FOR RELIEF
(Infringement of the D218 Patent)
18.

ISG repeats and incorporates by reference the allegations in the

preceding paragraphs.
19.

Defendants have infringed and continue to infringe the D218 Patent

in this judicial district, and elsewhere in the United States. Defendants

infringement arises out of the same transaction, occurrence, or series of
transactions or occurrences and includes, without limitation, making, using,
selling, and/or offering to sell in the United States, and/or importing into the
United States, the Dave Pelz GreenMaker products identified in this Complaint,
which embody the design covered by the D218 Patent.
20.

Defendants have had notice of the D218 Patent and their

infringement since at least April 15, 2014.

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21.

Defendants infringing activities have been without an express or

implied license from ISG.

PRAYER FOR RELIEF
ISG therefore prays that:
1.

A judgment in favor of Plaintiff ISG that Defendants have infringed

the asserted patent (the D218 Patent);

2.

A temporary, preliminary, and permanent injunction enjoining

Defendants and their officers, directors, agents, servants, affiliates, employees,

divisions, branches, subsidiaries, parents, and all others acting in concert therewith
from infringement, including directly or indirectly infringing, or inducing or
contributing to the infringement by others of the asserted patent;
3.

A judgment and order requiring Defendants to pay ISG its damages,

costs, expenses, and prejudgment and post-judgment interest for Defendants

infringement of the asserted patent as provided under 35 U.S.C. 284;
4.

A judgment and order finding that the damages awarded to ISG be

increased up to three times in view of Defendants willful infringement of the

asserted patent as provided under 35 U.S.C. 284;
5.

A judgment and order declaring that this is an exceptional case within

the meaning of 35 U.S.C. 285 and awarding to ISG its reasonable attorneys fees
and other expenses incurred in connection with this action;

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6.

Any and all other relief as this Court may deem just and proper be

awarded to Plaintiff ISG.

JURY TRIAL DEMAND
Plaintiff respectfully demands a trial by jury on all claims and issues so
triable.

Date: July 24, 2015

Respectfully submitted,

___________________________
Benjamin D. Bailey, Ga. Bar No. 117201
Brannon C. McKay, Ga. Bar No. 558603
Clayton, McKay & Bailey, PC
1155 Mt. Vernon Hwy.
Suite 800
Atlanta, GA 30338
678-667-1388 (ph.)
404-704-0670 (fax)
bbailey@cmbpc.com
bmckay@cmbpc.com
Attorneys for Plaintiff Intellectual Sporting
Goods, LLC

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Case 1:15-cv-02624-AT Document 1-1 Filed 07/24/15 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
INTELLECTUAL SPORTING GOODS,
LLC, a Georgia company,
Plaintiff,
v.
SYNLAWN, LLC, a Georgia company;
LOWES COMPANIES, INC., a North
Carolina corporation; GOLFSMITH
INTERNATIONAL, INC., a Delaware
corporation.

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Defendant.
EXHIBIT A

CIVIL ACTION NO.

_________

JURY TRIAL DEMANDED

Case 1:15-cv-02624-AT Document 1-1 Filed 07/24/15 Page 2 of 4

USO0D566218S

(12) United States Design Patent (10) Patent N0.:

Puterbaugh
(45) Date of Patent:
(54)

HEAVY DUTY CHIPPING AND PUTTING

6,669,572 B2
6,793,586
B1**

GREEN

(76) Inventor:
(**)

Term:

Brian Puterbaugh, 10950 Brunson Dr.,

Duluth, GA (Us) 30097
14 Years

M,

Apr. 8, 2008

12/2003
9/2004 Barlow et al. .

8/2005

D508,971 S *
D509,276

9/2005 Park
Sear

4 D7 23 1/ 1 76 902

D21/792

* cited by examiner

Primary ExamineriMitchell Siegel

(74) Attorney, Agent, or FirmiRodgers & Rodgers

(21) Appl. No.: 29/272,556

(22) Filed:

US D566,218 S

(57)

Feb. 12, 2007

CLAIM

The ornamental design for an heavy duty chipping and

putting green, as shoWn.
DESCRIPTION

See application ?le for complete search history.

(56)

FIG. 2 is a front elevational vieW thereof, the rear being a

References Cited

mirror image thereof;

U.S. PATENT DOCUMENTS

FIG. 3 is a top vieW thereo f;

473/162
473/159

7/1986
6/1998
5/1973
1/1981 Williamson
Tsou
Mosier
Palmer et al.
..

D21/792

n 132N792

6/2001 Mira?or
10/2003 Fabac

FIG. 1 is a prospective vieW of a heavy duty chipping and

putting green shoWing my neW design;

FIG. 4 is a left side elevational vieW thereof; the right side

being the same in appearance; and,
.

FIG. 5 1s a bottom plan v1eW thereof.

.. D21/792

D2l/792

1 Claim, 2 Drawing Sheets

Case 1:15-cv-02624-AT Document 1-1 Filed 07/24/15 Page 4 of 4

JS44 (Rev. 1/13 NDGA)

Case 1:15-cv-02624-ATCIVIL
Document
1-2SHEET
Filed 07/24/15 Page 1 of 2
COVER

The JS44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form is required for the use of the Clerk of Court for the purpose of initiating the civil docket record. (SEE INSTRUCTIONS ATTACHED)

I. (a) PLAINTIFF(S)

DEFENDANT(S)

Intellectual Sporting Goods, LLC

Synlawn, LLC; Lowe's Companies, Inc.;

Golfsmith International, Inc.

(b) COUNTY OF RESIDENCE OF FIRST LISTED

COUNTY OF RESIDENCE OF FIRST LISTED

DEFENDANT Whitfield

PLAINTIFF Fulton
(EXCEPT IN U.S. PLAINTIFF CASES)

(IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF
LAND INVOLVED

(c) ATTORNEYS (FIRM NAME, ADDRESS, TELEPHONE NUMBER, AND

ATTORNEYS

(IF KNOWN)

E-MAIL ADDRESS)

Clayton, McKay & Bailey, PC

1155 Mt. Vernon Hwy.
Suite 800
Atlanta, GA 30338
678-667-1388
info@cmbpc.com

II. BASIS OF JURISDICTION

III. CITIZENSHIP OF PRINCIPAL PARTIES

(PLACE AN X IN ONE BOX ONLY)

(PLACE AN X IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT)
(FOR DIVERSITY CASES ONLY)
PLF

1 U.S. GOVERNMENT
PLAINTIFF
2 U.S. GOVERNMENT
DEFENDANT

DEF

PLF

DEF

3 FEDERAL QUESTION
(U.S. GOVERNMENT NOT A PARTY)

CITIZEN OF THIS STATE

INCORPORATED OR PRINCIPAL
PLACE OF BUSINESS IN THIS STATE

4 DIVERSITY
(INDICATE CITIZENSHIP OF PARTIES
IN ITEM III)

CITIZEN OF ANOTHER STATE

INCORPORATED AND PRINCIPAL

PLACE OF BUSINESS IN ANOTHER
STATE

CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY

FOREIGN NATION

IV. ORIGIN

(PLACE AN X IN ONE BOX ONLY)

1 ORIGINAL
PROCEEDING

2 REMOVED FROM
STATE COURT

3 REMANDED FROM
APPELLATE COURT

4 REINSTATED OR
REOPENED

TRANSFERRED FROM
5 ANOTHER DISTRICT
(Specify District)

6 MULTIDISTRICT
LITIGATION

APPEAL TO DISTRICT JUDGE

7 FROM MAGISTRATE JUDGE
JUDGMENT

V. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE - DO NOT CITE
JURISDICTIONAL STATUTES UNLESS DIVERSITY)

This is an action for patent infringement arising under the patent laws of the United States, Title 35 of
the United States Code, Sections 271 and 281, et seq.

(IF COMPLEX, CHECK REASON BELOW)

1. Unusually large number of parties.

6. Problems locating or preserving evidence

2. Unusually large number of claims or defenses.

7. Pending parallel investigations or actions by government.

3. Factual issues are exceptionally complex

8. Multiple use of experts.

4. Greater than normal volume of evidence.

9. Need for discovery outside United States boundaries.

5. Extended discovery period is needed.

10. Existence of highly technical issues and proof.

CONTINUED ON REVERSE
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT $

JUDGE

MAG. JUDGE
(Referral)

APPLYING IFP

MAG. JUDGE (IFP)

NATURE OF SUIT

CAUSE OF ACTION

Document 1-2 Filed 07/24/15 Page 2 of 2

VI. NATURE OFCase
SUIT1:15-cv-02624-AT
(PLACE AN X IN ONE BOX ONLY)
CONTRACT - "0" MONTHS DISCOVERY TRACK

CIVIL RIGHTS - "4" MONTHS DISCOVERY TRACK

150 RECOVERY OF OVERPAYMENT &

ENFORCEMENT OF JUDGMENT
152 RECOVERY OF DEFAULTED STUDENT
LOANS (Excl. Veterans)
153 RECOVERY OF OVERPAYMENT OF
VETERAN'S BENEFITS

441 VOTING
442 EMPLOYMENT
443 HOUSING/ ACCOMMODATIONS
444 WELFARE
440 OTHER CIVIL RIGHTS
445 AMERICANS with DISABILITIES - Employment
446 AMERICANS with DISABILITIES - Other
448 EDUCATION

CONTRACT - "4" MONTHS DISCOVERY TRACK

110 INSURANCE
120 MARINE
130 MILLER ACT
140 NEGOTIABLE INSTRUMENT
151 MEDICARE ACT
160 STOCKHOLDERS' SUITS
190 OTHER CONTRACT
195 CONTRACT PRODUCT LIABILITY
196 FRANCHISE

FEDERAL TAX SUITS - "4" MONTHS DISCOVERY

TRACK

462 NATURALIZATION APPLICATION

465 OTHER IMMIGRATION ACTIONS

870 TAXES (U.S. Plaintiff or Defendant)

871 IRS - THIRD PARTY 26 USC 7609

PRISONER PETITIONS - "0" MONTHS DISCOVERY

TRACK

375 FALSE CLAIMS ACT

400 STATE REAPPORTIONMENT
430 BANKS AND BANKING
450 COMMERCE/ICC RATES/ETC.
460 DEPORTATION
470 RACKETEER INFLUENCED AND CORRUPT
ORGANIZATIONS
480 CONSUMER CREDIT
490 CABLE/SATELLITE TV
891 AGRICULTURAL ACTS
893 ENVIRONMENTAL MATTERS
895 FREEDOM OF INFORMATION ACT
950 CONSTITUTIONALITY OF STATE STATUTES
890 OTHER STATUTORY ACTIONS
899 ADMINISTRATIVE PROCEDURES ACT /
REVIEW OR APPEAL OF AGENCY DECISION

PRISONER PETITIONS - "4" MONTHS DISCOVERY

TRACK
550 CIVIL RIGHTS - Filed by Counsel
555 PRISON CONDITION(S) - Filed by Counsel

FORFEITURE/PENALTY - "4" MONTHS DISCOVERY

TRACK
625 DRUG RELATED SEIZURE OF PROPERTY
21 USC 881
690 OTHER

OTHER STATUTES - "8" MONTHS DISCOVERY

TRACK
410 ANTITRUST
850 SECURITIES / COMMODITIES / EXCHANGE

OTHER STATUTES - 0" MONTHS DISCOVERY

TRACK

LABOR - "4" MONTHS DISCOVERY TRACK

710 FAIR LABOR STANDARDS ACT
720 LABOR/MGMT. RELATIONS
740 RAILWAY LABOR ACT
751 FAMILY and MEDICAL LEAVE ACT
790 OTHER LABOR LITIGATION
791 EMPL. RET. INC. SECURITY ACT

896 ARBITRATION
(Confirm / Vacate / Order / Modify)

PROPERTY RIGHTS - "4" MONTHS DISCOVERY TRACK

820 COPYRIGHTS
840 TRADEMARK

TORTS - PERSONAL PROPERTY - "4" MONTHS

DISCOVERY TRACK
370 OTHER FRAUD
371 TRUTH IN LENDING
380 OTHER PERSONAL PROPERTY DAMAGE
385 PROPERTY DAMAGE PRODUCT LIABILITY

OTHER STATUTES - "4" MONTHS DISCOVERY

TRACK

463 HABEAS CORPUS- Alien Detainee

510 MOTIONS TO VACATE SENTENCE
530 HABEAS CORPUS
535 HABEAS CORPUS DEATH PENALTY
540 MANDAMUS & OTHER
550 CIVIL RIGHTS - Filed Pro se
555 PRISON CONDITION(S) - Filed Pro se
560 CIVIL DETAINEE: CONDITIONS OF
CONFINEMENT

TORTS - PERSONAL INJURY - "4" MONTHS

DISCOVERY TRACK
310 AIRPLANE
315 AIRPLANE PRODUCT LIABILITY
320 ASSAULT, LIBEL & SLANDER
330 FEDERAL EMPLOYERS' LIABILITY
340 MARINE
345 MARINE PRODUCT LIABILITY
350 MOTOR VEHICLE
355 MOTOR VEHICLE PRODUCT LIABILITY
360 OTHER PERSONAL INJURY
362 PERSONAL INJURY - MEDICAL
MALPRACTICE
365 PERSONAL INJURY - PRODUCT LIABILITY
367 PERSONAL INJURY - HEALTH CARE/
PHARMACEUTICAL PRODUCT LIABILITY
368 ASBESTOS PERSONAL INJURY PRODUCT
LIABILITY

861 HIA (1395ff)

862 BLACK LUNG (923)
863 DIWC (405(g))
863 DIWW (405(g))
864 SSID TITLE XVI
865 RSI (405(g))

IMMIGRATION - "0" MONTHS DISCOVERY TRACK

REAL PROPERTY - "4" MONTHS DISCOVERY

TRACK
210 LAND CONDEMNATION
220 FORECLOSURE
230 RENT LEASE & EJECTMENT
240 TORTS TO LAND
245 TORT PRODUCT LIABILITY
290 ALL OTHER REAL PROPERTY

SOCIAL SECURITY - "0" MONTHS DISCOVERY

TRACK

* PLEASE NOTE DISCOVERY

PROPERTY RIGHTS - "8" MONTHS DISCOVERY TRACK

830 PATENT

TRACK FOR EACH CASE TYPE.

SEE LOCAL RULE 26.3

BANKRUPTCY - "0" MONTHS DISCOVERY TRACK

422 APPEAL 28 USC 158
423 WITHDRAWAL 28 USC 157

VII. REQUESTED IN COMPLAINT:

CHECK IF CLASS ACTION UNDER F.R.Civ.P. 23
JURY DEMAND

YES

DEMAND $_____________________________

NO (CHECK YES ONLY IF DEMANDED IN COMPLAINT)

VIII. RELATED/REFILED CASE(S) IF ANY

JUDGE_______________________________

DOCKET NO._______________________

CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES:

(CHECK APPROPRIATE BOX)

1.
2.
3.
4.

PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.

SAME ISSUE OF FACT OR ARISES OUT OF THE SAME EVENT OR TRANSACTION INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
VALIDITY OR INFRINGEMENT OF THE SAME PATENT, COPYRIGHT OR TRADEMARK INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
APPEALS ARISING OUT OF THE SAME BANKRUPTCY CASE AND ANY CASE RELATED THERETO WHICH HAVE BEEN DECIDED BY THE SAME
BANKRUPTCY JUDGE.
5. REPETITIVE CASES FILED BY PRO SE LITIGANTS.
6. COMPANION OR RELATED CASE TO CASE(S) BEING SIMULTANEOUSLY FILED (INCLUDE ABBREVIATED STYLE OF OTHER CASE(S)):

7. EITHER SAME OR ALL OF THE PARTIES AND ISSUES IN THIS CASE WERE PREVIOUSLY INVOLVED IN CASE NO.
DISMISSED. This case
IS
IS NOT (check one box) SUBSTANTIALLY THE SAME CASE.

/ Benjamin D. Bailey /

7/24/2015

SIGNATURE OF ATTORNEY OF RECORD

DATE

, WHICH WAS