Global Archery v. Gwyther - Motion For TRO

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 24 filed 02/10/16 page 1 of 14
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
GLOBAL ARCHERY PRODUCTS, INC. )
)
Plaintiff,
)
)
v.
)
)
JORDAN GWYTHER d/b/a
)
LARPING.ORG and UPSHOT ARROWS, )
)
Defendant.
)
Civil Action No.: 1:15-cv-297-JVB-SLC

JURY TRIAL DEMANDED
PLAINTIFF GLOBAL ARCHERY PRODUCTS, INC.S

BRIEF IN SUPPORT OF ITS MOTION FOR TEMPORARY
RESTRAINING ORDER, PRELIMINARY INJUNCTION AND HEARING
Pursuant to Rule 65 of the Federal Rules of Civil Procedure and N.D. Ind. L.R. 65-1,
Plaintiff Global Archery Products, Inc. (Global), by counsel and in support of its motion for
the entry of a temporary restraining order as well as a preliminary injunction and order against
Defendant Jordan Gwyther d/b/a Larping.Org and Upshot Arrows (Gwyther) shows the Court
as follows:
I.
ISSUE PRESENTED
Whether a temporary restraining order and preliminary injunction should issue enjoining
Gwyther from further committing acts of unfair competition by disseminating press releases,
advertisements, and social media postings that falsely, misleadingly, and deceptively misstates
the nature and extent of this pending action so that Gwyther can obtain a pecuniary benefit and
further damage the goodwill associated with Global and its ARCHERY TAG products?
II.
INTRODUCTION
Gwyther has misused and misrepresented to the public Globals complaint in this action
to create the false and misleading impression that Global is attempting to assert and protect
intellectual property rights far in excess of those at issue in this action. By doing so, Gwyther
has deliberately mislead consumers regarding the nature and scope of this action which has
resulted in irreparable damage to Global. For this reason, Global seeks a temporary restraining
order and preliminary injunction preventing Gwyther from continuing this reckless behavior.
Specifically, on February 8, 2016, Gwyther created a gofundme page and posted a
YouTube video that creates the false impression in the market place that (a) Global was
attempting to interfere with the publics ability to engage in a recreational activity known as Live
Action Role Playing (LARP)1; (b) Global was attempting to interfere with the publics ability
to engage in a recreational activity known as LARP archery; and (c) Global was attempting to
assert a patent as to all foam tipped arrows. To perpetuate this false and misleading impression,
Gwyther used Globals registered trademark ARCHERY TAG. Gwythers conduct has created
havoc and confusion in the marketplace for Global, disrupting Globals business and unfairly
competing with Global. This was not an accident or an innocent mistake, but rather, was a
calculated maneuver done by Gwyther to unfairly damage Globals reputation, divert sales of
Globals products to Gwyther and to dupe the general public into funding Gwythers defense of
this action.
A temporary restraining order and preliminary injunction is the proper remedy to prevent
Gwyther from causing further harm to Global and from otherwise unfairly competing with
Global. Every day that Gwyther is allowed to continue this course of conduct and without
corrective actions, causes the harm done to Global to grow, in the form of lost sales, damaged
customer relations, and loss of goodwill.
1
LARP is defined as At its simplest you could say that larping is a continuation of a table-top
roleplaying game that people choose to act out by becoming a character and staging a fantasy
world experience in which their character lives. www.larping.org/larp-definition/
III. BACKGROUND
Global is the owner of two U.S. Patents (U.S. Patent No. 8,449,413 and U.S. Patent No.
8,932,159) (the Patents). See Exhibit A, Declaration of John Jackson (Jackson Declaration),
Paragraph 2. The Patents generally relate to specific forms of a non-lethal arrow that is used in
activities marketed and promoted by Global and its authorized licensees under the ARCHERY
TAG trademarks. Id. Global is the owner of U.S. Trademark Registrations No. 4,208,868 and
No. 4,208,868 for the ARCHERY TAG (the Trademarks). ARCHERY TAG is a game
which is similar to dodgeball but is played using archery bows and non-lethal foam-tipped
arrows covered by the Patents. Id.
Gwyther is selling and offering for sale in the United States products it refers to as the
Crossbow Bolt, Flat Tip Larp Arrow, Glow in the Dark Larp Arrow, and Round Tip Larp
Arrow (collectively referred to hereinafter as the Gwythers Arrows). See Complaint [Doc. 1]
at paragraph 10 at p. 4. See Defendants Answer to Complaint and Affirmative Defenses
(Answer) [Doc.11] at paragraph 10. Gwyther has also used the ARCHERY TAG trademark:
Advertising for Gwythers Arrows. Complaint at paragraph 11 and Exhibit F;
As paid key words with one or more search engines such as, by way of example, Google.
Id. at paragraph 12; and
On Amazon.com to market and promote competing sets of ARCHERY TAG equipment.

Id. at paragraph 13;
Gwyther is not authorized or licensed to use the ARCHER TAG trademarks. Jackson
Declaration at 5. This action was initiated enforce the Patents as well as the ARCHERY TAG
trademarks. The Complaint sets forth nine counts only two of which involve the Patents. The
other seven counts are predicated on Gwythers misuse and misappropriation of the ARCHERY
TAG trademarks, his false advertising, and his tortious interference with Globals business
relationships. Thus, only 22.2% of the original action involves the patents, yet Gwyther falsely
and misleading omits the other issues in this case in the YouTube video.
On February 8, 2016, Gwyther created a gofundme page which solicited funds from the
general public purportedly to aid in his legal defense of this action. To induce the general public
to donate money to him (and make sales of his products), Gwyther stated, among other things:
The End of Larp Archery in North America;
Im reaching out to you today with something that has the potential to ruin larp in North
America as we know it, specifically in regards to larp archery. (emphasis added)
Over the past few months Ive become stuck in a legal battle with someone who claims
to own the patent on foam tipped arrows, the kind we use in larp . . . (emphasis added)
Very few people in the larp community have a substantial income. I, myself, have a day
job and sell these arrows (and other larp equipment) as a part time hobby which doesnt
generate a great deal of income. However, right now, the state of the entire larp hobby is
at risk. (emphasis added)
I genuinely believe that this is one of the biggest threats to our hobby in recent times and
I cannot defend this threat without your help.
In the complaint you will see many claims against me. Some of which are completely
untrue, while others are "junk" that is trying to be passed off as breaking the law when in
fact we have done nothing wrong. (emphasis added).
A true and accurate copy of Gwythers gofundme page is attached hereton as Exhibit B.
(https://www.gofundme.com/savelarparchery). Gwyther also posted a video to YouTube
(https://m.youtube.com/watch?v=_ey8qr492iY) in which Gwyther repeated the gofundme page
representations. Each of the above-referenced statements are false and misleading.
Omitted from these representations, however, are the facts that:
This action was also initiated to enforce the ARCHER TAG trademarks and stop his
false advertising;
This action was also initiated to prohibit Gwyther from tortious interference with
Globals contractual and business relationships; and
Gwyther has admitted receiving some $47,000.00 from his sale of Gwythers Arrows. See
Gwythers Motion for Relief from Local Patent Rules, For Limited Discovery, and for a
Show-Cause Hearing at paragraph 2 [Document 16).
As a result of Gwythers false, deceptive and misleading statements and omission of
certain facts (herein False Advertising), Global has been inundated with hateful phone calls,
emails, and posts on its social media sites. Some of the messages Global has received go so far
as stating that they hope that people at Global are brutally murdered. Jackson Declaration at
Group Exhibit 1 thereon. Gwyther, however, has now received over $3,000 from donations from
the general public with comments such as:
and
See Exhibit B.
IV.
ARGUMENT
This is a straightforward case of false advertising under the Lanham Act. See 15 U.S.C.
1125(a). Gwyther has falsely, misleading and deceptively issued the smear campaign against
Global to unfairly compete with Global. Gwythers misrepresentations have, and will to
continue to, if not enjoined by this Court, irreparably harm Global.
The Seventh Circuit has set forth the legal standard for obtaining for injunctive relief:
To obtain preliminary injunctive relief, the plaintiff must first: (1) show some
likelihood of success on the merits, and (2) show that the plaintiff has no
adequate remedy at law and will suffer irreparable harm if the requested
injunctive relief is denied. Stuller, Inc. v. Steak N Shake Enterprises, Inc., 695 F.3d
676, 678 (7th Cir.2012)(internal quotations omitted)(quoting Ty, Inc. v. Jones
Group, Inc., 237 F.3d 891, 895 (7th Cir.2001); see also Wisconsin Right To Life,
Inc. v. Barland, 751 F.3d 804, 830 (7th Cir.2014) (explaining that [o]n the merits
questions, the burdens at the preliminary injunction stage track the burdens at
trial)(internal quotations omitted)(quoting Gonzales v. O Centro Espirita
Beneficente Uniao do Vegetal, 546 U.S. 418, 429 (2006)).
If the plaintiff satisfies such threshold requirements, in the secondary phase the
court must then: (1) consider the irreparable harm that the nonmoving party will
suffer if preliminary relief is granted, balancing such harm against the irreparable
harm the moving party will suffer if relief is denied, and (2) the public interest
in granting or denying an injunction. Stuller, 695 F.3d at 678. When balancing
the harms, the court should use a sliding scale approach, under which the greater
the likelihood of success on the merits, the less heavily the balance of harms must
tip in the moving party's favor. Korte v. Sebelius, 735 F.3d 654, 665 (7th
Cir.2013); see also Girl Scouts of Manitou Council, Inc. v. Girl Scouts of U.S. of
America, Inc., 549 F.3d 1079, 1086 (7th Cir.2008)(explaining that the court must
somehow balance the nature and degree of the plaintiff's injury, the likelihood of
prevailing at trial, the possible injury to the defendant if the injunction is granted,
and the wild card that is the public interest)(internal quotations omitted)(quoting
Lawson Prods., Inc. v. Avnet, Inc., 782 F.2d 1429, 1433 (7th Cir.1986)).
In considering irreparable harm, the question is whether the party seeking relief
will suffer irreparable harm in the interim period prior to the resolution of its
claims. Girl Scouts of Manitou Counsel, 549 F.3d at 1086
A.
Global Has a Strong Likelihood of Success on the Merits
The Lanham Act is the statutory basis for a false advertising claim. It states, in
relevant part:
(a)(1) Any person who, on or in connection with any goods or services
uses in commerce any word or false designation of origin, false or
misleading description of fact, or false or misleading representations of
fact, which
(B) in commercial advertising or promotion, misrepresents the nature,

characteristics, qualities, or geographic origin of his or her or another
persons goods, services, or commercial activities,
shall be liable in a civil action by any person who believes that he or she is
or is likely to be damaged by such acts.
See 15 U.S.C. 1125(a)(1)(B).
The Seventh Circuit has established a five element test for plaintiffs seeking to
prove liability under the Lanham Act. Specifically, a plaintiff must show that the
defendant:
(1) made a false or misleading statement;
(2) that actually deceives or is likely to deceive a substantial segment of the
advertisement's audience;
(3) on a subject material to the decision to purchase the goods;
(4) touting goods entering interstate commerce; and
(5) that results in actual or probable injury to the plaintiff.
B. Sanfield, Inc. v. Finlay Fine Jewelry Corp., 168 F.3d 967, 971 (7th Cir. 1999).
Where the statement in question is actually false, then the plaintiff need not show
that the statement either actually deceived consumers or was likely to do so. Id. See M3 Associates, Inc. v. Cargo Systems Inc., 2004 WL 834690 (N.D. Ind. 2004), (when the
statements at issue are literally false, the plaintiff did not need to prove that the
statements had a tendency to deceive a substantial segment of the market or that such
deception was material since this is an extension of the second step.)
1.
Gwyther Has Made False and Misleading Statements
Gwyther has made false and misleading statements in his False Advertising. See Exhibit
A and B. The False Advertisement falsely state that this lawsuit is the end of larp archery in
North America and has the potential to ruin larp in North America as we know it, specifically
in regards to larp archery. Gwyther also falsely states that Global has made it clear that he
wishes for his foam tipped arrow to be used only for the purpose of Archery Tag . . . These
statements, amongst other made on the gofundme page and in the YouTube video, are blatantly
false and misleading. In fact, Globals products are routinely sold to and used by persons and
organizations that LARP. See Jackson Declaration at 6. Global has no intent to go after anyone
in the LARP community and has no ill will towards anyone in the LARP community. These
statements were made purposefully, willfully, and intentionally in order to falsely indicate to the
intended audience that Global was attempting to prohibit the general public from engaging in
LARP and LARP archery in particular.
Gwyther did this to obfuscate the fact that the instant lawsuit was actually about his
personal conduct and specifically his misuse and misappropriation of Globals ARCHER TAG
trademarks, his false advertising, and his tortious interference with Globals business
relationships. In fact, but for these actions, Global might not have even taken action against
Gwyther as it was only when Globals licensees started contacting Global and complaining about
Gwythers conduct that Global was forced to take action.
Gwyther then underscored his misrepresentation through the use of a self-serving
question and answer:
I dont [sic] use these type of arrows at my game - why should I care?
I think the main point here is that someone is threatening a portion of your hobby,
of the nerd community, is being attacked and will change for the forseeable future.
As a community, as a hobby, this is important and we should defend it together so

that our hobby can grow and expand instead of being reduced due to greed.
See Exhibit B (emphasis added). No mention is made of the claims against Gwyther for his
misuse and misappropriation of Globals ARCHER TAG trademarks at all, and even though
Gwyther provides a link to a pdf copy of the Complaint, Gwyther also peremptorily discredits it
by stating:
In the complaint you will see many claims against me. Some of which are
completely untrue, while others are "junk" that is trying to be passed off as
breaking the law when in fact we have done nothing wrong.
Id.
This attempt at discrediting the claims predicated on Gwythers misuse of Globals
ARCHER TAG trademarks, false advertising, and tortious interference with Globals business
relationships also ignores Gwythers own pleadings in this action. In fact, Gwyther has admitted
that he has used the name Archery Tag to describe a particular game that is known by that
same name or to refer to the products available by one or more competitors that are used to play
a game called Archery Tag, including the purchase of key words on Google. See Answer at
paragraph 12, p. 9 (emphasis added). See also paragraph 15 (Mr. Gwyther Admits that on at
least one occasion he has placed a paid advertisement on Google in which he asserts an opinion
that his Gwythers Arrows were better than Archery Tag!)
Even assuming, for the sake of argument, that Gwythers False Advertisement is not
literally false, it can hardly be argued that Gwythers False Advertisement does not convey a
false impression or [is] misleading in context, as demonstrated by actual consumer confusion.
Abbott Laboratories v. Mead Johnson & Co., 971 F.2d 6, 14 (7th Cir. 1992). As clearly evident
by the comments made by the general public both on-line in response to the False Advertising
(Exhibit B) and directly to Global (Jackson Declaration at Group Exhibit 1), consumers falsely
believe that Global is attempting to interfere with their ability to engage in LARP and LARP
archery.
In summary, Gwythers False Advertisement contains literally false statements that have
a tendency to deceive. As such, this factor favors issuance of a temporary restraining order and
preliminary injunction enjoining Gwyther from issuing any further false and misleading
statements.
2.
Gwythers False Advertisement Actually Deceived and Tend to

Deceive a Substantial Portion of the Intended Audience
Gwythers False Advertisement is directed towards consumers who purchase products

sold by both Global and Gwyther. As set forth above, these consumers were deceived by
Gwythers False Advertisement. See Exhibits B and C. Gwythers False Advertisement thus
both clearly deceived a substantial portion of the intended audience and obviously tend to
deceive a substantial portion of the intended audience. As such, this factor is decisively in
Globals favor as well.
3.
Gwythers Statements are Material in that They Influence a Deceived

Consumers Purchasing Decision
A deceived consumer is not going to purchase a hobby product from Global when they
have been lead to believe that Global is actively attempting to ruin that hobby. For example:
Group Exhibit 1 to Jackson Declaration. Thus, once again, this factor is decisively in favor of
the issuance of injunctive relief against Gwyther.
4.
Gwythers False Advertisement Were Introduced Into Interstate

Commerce.
10
As set forth above, it is undisputed that Gwythers False Advertisement was introduced
into interstate commerce. This factor also falls decisively in Globals favor.
5.
There is a Causal Link Between the False Advertisement and Harm to

Global.
Gwythers False Advertising is causing members of the general public, as well as current
customers of Global, to hold Global in complete disdain. A cursory review of Group Exhibit 1
to Jacksons Declaration unequivocally demonstrates this point. As such, Globals business has
been unfairly disrupted by having to deal with the public outcry caused by the False
Advertisement who falsely believe that Global is attempting to interfere with their hobby.
Clearly there is a causal link between the False Advertisements and the harm being done to
Global.
B.
Injunction
Global Has and Will Continue to Suffer Irreparable Injury Without an
It is well settled that injuries arising from Lanham Act violations are presumed to be
irreparable, even if the plaintiff fails to demonstrate a business loss. Northern Star Industries,
Inc. v. Douglas Dynamics LLC, 848 F.Supp.2d 934, 949 (E.D. Wis. 2012) (citing Abbott Labs,
971 F.2d at 16. This presumption, it appears, is based upon the judgment that it is virtually
impossible to ascertain the precise economic consequences of intangible harms, such as damage
to reputation and loss of goodwill, caused by such violations. Id.
Here, Globals reputation and goodwill in the industry has been and is being irreparably
damaged by Gwythers False Advertisement. Portrayed by Gwyther as the Goliath out to crush
all competitors and usurp total and complete control over LARP, Global is now the target of a
hate campaign by some of its own customers as well as members of the general public who, but
for the False Advertisement, could have become customers of Global. Rather than buy Globals
11
products, the general sentiment now directed to Global is that Globals founders should be
brutally murdered. Needless to say, it is doubtful that Globals products would be purchased by
these persons or anyone may pass on the False Advertising.
C.
Issuance of the Requested Injunctive Relief Will Not Cause
Substantial Harm to Others
Global has suffered and will continue to suffer substantial harm if a temporary restraining
order and preliminary injunction does not issue. Other than Gwythers desire to unfairly compete
with Global and profit from the False Advertisement, no legitimate purpose is served through
allowing Gwyther to continue to make false and misleading statements. No other parties other
than Global and Gwyther will be affected by a properly worded temporary restraining order and
injunction. Global has invested a substantial amount of time and money in developing its
products and getting them to market. Global has also built up a substantial amount of goodwill in
the industry that is being harmed by Gwythers conduct. Any harm that may be caused to
Gwyther should be discounted because the harm was brought upon itself by issuing false and
misleading statements in the False Advertisement.
D.
The Public Interest Is Served by Truthful Advertising
There is a public interest in preventing confusion and deception in the marketplace and
protecting the trademark holder's property interest in the mark. Lorillard Tobacco Co. v.
Amouris Grand Foods, Inc., 453 F.3d 377, 383 (6th Cir. 2006). It should also come as no
surprise that courts have found a strong public interest in preventing false and misleading
advertising. See American Home Products Corp. v. Johnson & Johnson, 654 F. Supp. 568, 590
(S.D.N.Y. 1987). Finally, the public interest favors entry of a preliminary injunction in this case
because the public is equally interested in fair competitive practices and clearly opposed to
being deceived in the marketplace. McNeil Laboratories, Inc. v. American Home Products
12
Corp., 416 F.Supp. 804, 809 (D. N.J. 1976). This factor thus also favors entry of a preliminary
injunction enjoining Gwythers unfair trade practice.
V.
CONCLUSION
For the foregoing reasons, this Court should grant a temporary restraining order as well
as a preliminary injunction enjoining Gwyther from issuing False Advertisements as well as
requiring Gwyther to correct the False Advertisement in the market.
Dated: February 10, 2016
s/Dean E. McConnell
Dean E. McConnell, Esq. Atty No. 20254-49
DEAN MCCONNELL IP Law
8038 N 600 W, Suite 200
Indianapolis, IN 46055
Phone: (317) 653-2660
Fax: (317) 653-2661
dean@dean-mcconnell.com
s/Gregg S. Gordon
Gregg S. Gordon, Attorney No. 19360-49
Of Counsel, Cremer & Cremer
8038 N 600 W, Ste 400
McCordsville, Indiana 46055
Telephone: (317) 335-3360
Fax: (317) 335-3361
GGordon@Geistlaw.com
13
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing was
electronically filed on this 10th day of February 2016, by way of the Courts electronic filing
system, and that a copy of this filing will be sent to all counsel of record via the Courts
electronic filing system.
/s/ Dean E. McConnell
14
USDC IN/ND case 1:15-cv-00297-JVB-SLC document 24-1 filed 02/10/16 page 1 of 11

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
GLOBAL ARCHERY PRODUCTS, INC. )
)
Plaintiff,
)
)
v.
)
)
JORDAN GWYTHER d/b/a
)
LARPING.ORG and UPSHOT ARROWS, )
)
Defendant.
)
Civil Action No.: 1:15-cv-297-JVB-SLC

JURY TRIAL DEMANDED
DECLARATION OF JOHN JACKSON

1.
My name is John Jackson. I am over the age of 18 and competent to testify to the
matters set forth herein. I am the President of Global Archery Products, Inc. (Global). The
forgoing is based on my personal knowledge or from records kept in the ordinary course of
business.
2.
Global is the owner of U.S. Patent No. 8,449,413 and U.S. Patent No. 8,932,159.
3.
Global is the owner of U.S. Trademark Registration No. 4,208,868 for the
ARCHERY TAG trademark for use in connection with non-lethal arrows and archery bows,
and face masks for archery.
4.
Global is the owner of U.S. Trademark Registration No. 4,208,868 for the
ARCHERY TAG trademark for use in connection with entertainment services, namely,
organizing, planning and conducting archery related events, competitions, games, sessions and
activities159 Patents.
5.
Jordan Gwyther d/b/a Larping.org and Upshot Arrows is not authorized or
licensed to use the ARCHERY TAG trademarks.

6.
Global routinely sells its products to persons and organizations that engage in
Live Action Role Playing.

7.
Attached as Group Exhibit 1 are true and accurate copies of documents which
were directed to Global Archery Products, Inc.

8.
I declare under the penalty of perjury that to the best of my personal knowledge
that the foregoing is true and correct.

Dated: February 10, 2016
____________________________
John Jackson
President
Global Archery Products, Inc.
GROUP EXHIBIT 1
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02/09/2016
Don't be a douche . You don't own a patent on foam tipped arrows lmao.
02/09/2016
Karsten Dombrowski
www .larpzeit.de
Request for interview/statement on Global Archery vs. larping.org Dear Global Archery team, as you are most probably aware there is recently a lot of talk in the
larp community worldwide about your legal dispute with larping.org. We are a larp magazine from Germany (www.larpzeit.de) and will write about this case in our
next issue. Could you give us a statement about your point of view in this case? We are especially interested in the claim about Larping's infringement of the '413
Patent and the '159 Patent, because that's what most of the uproar in the larp community (players and distributors) is about. Kind regards Karsten Dombrowski
Editor in chief -- Karsten Dombrowski Redaktion LARPzeit Telefon +49 (0) 4402 - 915 21 72 Mobil +49 (0) 170 - 418 29 22 Fax +49 (0) 531 - 215 78 47
dombrowski@la rpzeit. de www.larpzeit .de
02/09/2016
John Cena
Not Selected
https ://www.reddit.com/r/videos/ comments/ 44tmwd/a rchery _tag_creators_have_patented_foa m_tipped/ You guys f

02/09/2016
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Why do you suck so much d k?

02/09/2016
mary kuin
you're a worthless bottom feeder who is attempting to use intellectual property to monopolize and destroy a hobby. I sincerely hope you get brutally murdered.
02/09/2016
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Why are you such a s it f
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02/09/2016
Timothy Driver
Why do you feel the need to take LARPing.org to court over a patent for foam tipped arrows. F
monopoly over foam arrows. This is shady business practice
02/09/2016
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James Anderson
Better Foam Tipped

Arrows
k you. You are just trying to defeat competitors and gain a
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Hey man, great looking website, great product. Just kidding, I really hope this is the owner reading this, really important message for you. You're a huge fa
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02/09/2016
Name
John Cena
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Worldwide Wrestling
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doot doot doot aaaaaaaaaaaaaaaaa loud sounds memes doot doot doot
02/09/2016
John Smith
F
k you guys, how can you justify trying to patent foam tipped arrows? F
02/09/2016
Brian Elliott
king petty and retarded, as well as your licensing model .
None
Not Selected
Contact Not Made
I heard you have a legal dispute about foam tipped arrows as used in LARP. What is the truth of this? I have been part of and have known of organizations that have
used combat archery for decades before you were around. So, I am just curious what is going on, and if there is any real claim to the fact that your company is
trying to shut down or gain royalties for using equipment that was around before your company. Just want to strainghten folks out on this. Thanks.
02/09/2016
Eat a d
Go F
k Eat a d
Eat a d
Not Selected
Contact Not Made
Not Selected
Contact Not Made
k yourselves.
02/09/2016
Leon Snow
I understand as a company you aim to make as much money as possible and have no moral obligation to respect individuals hobbies. Could you help me understand
why Global Archery Products, Inc's Archery Tag is attempting to destroy an aspect of the larping community, is the ultimate goal to force these people to include
your products in their hobby, or is your company simply trying to make archery tag more popular by attracting hobbyists? Larping is not one of my hobby's, but I
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02/09/2016
john doe
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your company name
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Justice Ink.
Not Selected
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Not Selected
Contact Not Made
you're retarded. thats not how patents work.

02/09/2016
Jason Alkitraz
How far up your a
do you think I could shove a goose egg? I'll bet I can ream it up there pretty tight.
02/09/2016
Jason Painter
I find it so inane that someone would think they own the idea of hitting other people with a foam arrow. Hahaha .. We LARP but don't really have bow and arrows.
We're going to go buy some brand that is definitely not yours at Sports Authority just as a big screw you. Good day sir. Go f k yourself.
02/09/2016
Kelsi Grammer
Archery Fanatics Co.

LTD.
Not Selected
Contact Not Made

Approximately what ground do you feel you have to back up your absurd patent claim against a bunch of nerdy kids who want to pretend they're elves or some s t,
when you've been in the 'Archery Tag' game for about a decade or two shorter than the entire culture of shooting foam arrows at one another for fun has been
around? Just because I say that I invented shoes because nobody else has a patent on them doesn't mean I can extort you for wearing f
ing footwear. Get real.
02/09/2016
John Displeased
Get your Bulls

of here
t out
Not Selected

Please discontinue the lawsuit with any larp group. This battle is for monetary gain only and has no legal precedent worth fighting for.
Contact Not Made
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CLICKBAN ...
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02/09/2016
jack doe
the owner of your company is a blaring f
Company
f k you inc.
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k-trumpet
02/08/2016
Contact Not Made
Reason:SA: We would like to sell your products
02/08/2016
Bill Rohnl
Not Selected
Contact Not Made
Hello, in 2004 I released a series of 12 videos on my website specifically titled Archery Tag. In which we played with LARP arrows on a paintball field . We sold TShirts, stickers, and arrows branded with Archery Tag . While you may have registered the trademark, I have clear evidence of prior usage. I simply request that you
delete or rename your YouTube channel named "archerytag" and remove all "Archery Tag" branding from your website and products.
02/08/2016
ALAN YAU
Not Selected
Contact Not Made
I saw this article about your lawsuit ..... Shame on people infringing patented products and making a profit. Anyways here's another guy who wants to help the
plantif win this battle: https://www.facebook.com/LaiHsengHan Co-Founder of Archers Arena here in Toronto and with an attitude, Hoping you will win this case!!
02/08/2016
k you
f k you patent trolls
. inc
Not Selected
Contact Not Made
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CLICKBAN ...
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Repeating ...
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you pieces of s t cant claim a patent on something that has already been on sale for years. how dumb can you get? I've participated in Archery Tag before but
there's no way I'd send any money your way now.
02/08/2016
Joseph Leonard
I will shove German

foam tipped arrows
(that have been
manufactured before
your company) up
your a .
Not Selected
Contact Not Made

No question just letting you guys know that I saw the smear campaign/fundraiser that larping.org is currently doing and I wanna say I'm glad you guys are wasting
your money on a case that you will lose (other products have been on the market longer) but reddit is funding larping so you lost your only move which is waiting
for them to run out of money. Good to see greed will be your downfall.
02/08/2016
Herman Turtle
Not Selected
Contact Not Made
Seriously? Suing people. You are a s ty organization. Why not try to adopt the crowd and sell your product to them. LARPers are a great group and now you are
just being an a hole. I am not a LARPer but I will be certain to do everything in my power to prevent you from expanding your hobby. What a PR nightmare and I
hope to watch you fail. https://www.youtube.com/watch?v=_ey8qr492iY
02/08/2016
Smith Agent
Not Selected
Contact Not Made
'
eeooo AT&T LTE
7:07 AM
< >
Re
[lJ
Home>> T
archerytag.com
CLICKBAN ...
Color Ship ...
Repeating ...
GoDaddy.c...
Backend - ...
Teen Activ ...
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Products-...
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l
02/08/2016
Anonymous
The Internet
How good is your legal team? I hope you're ready We do not forgive We do not forget Expect us.
02/08/2016
John Larp
Can you not be f
ing scumbags and litigate some innocent hobbyist with your s
02/08/2016
Chris Bashaw
n/a
ty unwarranted patent infringement case? Sincerely, go f

Not Selected
yourself.
Contact Not Made
Why are you sueing companies who are selling foam tipped arrows. Our games .. Belegarth, Amtgard and Dagorhir among others have been using and selling foam
tipped arrows for over 20 years . You didn't invent them. Stop trying to ruin our already established game and economy with your cr
y product. Sincerely, The
LARP community, who already did this for years.
Broseiden
Doweldicks
02/08/2016
Not Selected
Contact Not Made
'
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7:07 AM
LTE
< >
Re
[lJ
Home>> T
archerytag.com
Color Ship ...
CLICKBAN ...
Repeating ...
GoDaddy.c...
Backend - ...
Teen Activ ...
27% I
Products-...
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GoDaddy.c...
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Ir Con ...
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Doweldicks
Stop being c
Company
Country
Status
( Search )
' r
'- Merge Contact
Last Contacted
ts. Quit trying to kill LARP by patenting something that you did not invent and has been around for ever.
02/08/2016
02/08/2016
Dustin Mills
Not Selected
Contact Not Made
Just sending in a message to let you know I and our small group have officially decided to stop playing your game and buying any products associated with it.
Bullying a small company with a lawsuit to block sale of arrows (with a lot of prior 'art' and a few patents in other countries) just to set precedent for use against
larger companies is absolutely despicable. You are potentially ruining a part of an entire hobby in this. I know I'm just one person within a small group of others, but
it needs to be said. I'll be encouraging others to check this case out in larger circles within the LARP community as well. Just so that it is clear the case I speak of:
http://www. scribd .com/doc/285019022/Complaint
02/08/2016
michael yates
NA
Not Selected
Contact Not Made
Hello there, Such a freaking cool idea! I never thought I'd see this outside SCA/LARPing communities, but you guys are making this huge. Just wanted to know if
you've been in touch with a large venue in Penn. They've been hosting LARP events for over 20 years, so they've already got dozens of bows and safety
arrows ... they'd have a built-in audience already in their database, and already outfitted for your sport! Can't recall the name atm, haven't been there in years. But
your two organizations should def. team up! best, Michael Y
'
Shayan Alinejad
02/08/2016
- .
Zubees pty ltd
Not Selected
Contact Not Made
'
Save Larp Archery in America! by Jordan Gwyther - GoFundMe
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Save Larp Archery in America!

SEATTLE, WA
OTHER
139
$4,077 of $100k
Raised by 104 people in 16 hours
4.1K
Created February 8, 2016
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The End of Larp Arrows in North America?
Jordan Gwyther
104 DONATIONS
RECENT
Anonymous
1 min ago
50
David Haldenwang
8 mins ago
10
Paul Penna
14 mins ago
40
Im reaching out to you today with something that has the potential to ruin larp
in North America as we know it, specifically in regards to larp archery.
Anonymous
Over the past few months Ive become stuck in a legal battle with someone
who claims to own the patent on foam tipped arrows, the kind we use in larp,
and is attempting to stop me from selling the iDV Arrows I import from the
creators in Germany.
https://www.gofundme.com/savelarparchery
33 mins ago
JohnPaul Thomas
44 mins ago
2/9/2016
Page 2 of 11

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1 hour ago
10
Anonymous
1 hour ago
20
Rob Simpson
1 hour ago
$
Until now, Ive attempted to do this on my own, however, the person who is
taking me to court, Global Archery products, aka Archery Tag, has told my
lawyer (through its lawyer) that they have a budget for this case of $150,000.
This will ensure their victory unless I can raise funds to for my defense.
25
Anonymous
1 hour ago
Andrew Pritchard
3 hours ago
1-10 of 104 donations
Why does this matter to you? If he succeeds he will have created a legal
precedent to enforce his patent against other distributors and resellers of larp
and foam tipped arrows in America. He has made it clear that he wishes for his
foam tipped arrow to be used only for the purpose of Archery Tag which he
claims to have invented along with the foam tipped arrow.
This would mean that if we lose this case, archery in larp, within North
America, might end. I suspect, that the reason he is currently only taking me to
court, as a small distributor of these arrows, is because he knows that we will
struggle through a lengthy legal battle compared to some of the larger
distributors of the arrows. And if he wins his first court case it will be
significantly easier for him to win subsequent cases against the larger
distributors and resellers.
2/9/2016
Page 3 of 11

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This is where I need your help. Financially, I know I dont have the means to
contest this alone. And, even though legally he doesnt appear to have a case, if
he can drag it out long enough so that I cant afford to continue contesting the
case, he will win.
This is why Im asking the larp community, specifically, you watching this video
for help. Very few people in the larp community have a substantial income. I,
myself, have a day job and sell these arrows (and other larp equipment) as a
part time hobby which doesnt generate a great deal of income. However, right
now, the state of the entire larp hobby is at risk.
On this page you will find an easy way to donate towards helping me fight this
in court. Median litigation costs (including attorney's fees and expenses) to
defend a case for patent infringement worth $1,000,000 or less through a
trial, were $700,000 in 2013 according to a survey conducted by the
American Intellectual Property Law Association. Im hoping to raise $100,000
so my total resources can be at least equal to those of my opponents. I dont
want to generate any money for myself from this campaign and, so, any
additional funds raised beyond what is needed to defend this case in court will
be donated to the charity with the most votes that I am asking for people to
submit along with their donation.
2/9/2016
Page 4 of 11

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I was hoping to deal with this myself and asked for the case to be dropped at
the very beginning, however, it appears clear that he has no intention of doing
that. We are seeking some relief from the court to expedite the case in order
to save money, but it is unclear whether the court will grant our request.
Please donate whatever you can.
I genuinely believe that this is one of the biggest threats to our hobby in recent
times and I cannot defend this threat without your help.
Simply, click the link to donate and just as importantly, share this. Put it on
forums, on blogs, share with your local larp groups, on social media and think
about it every time you fire a larp bow or any time you think about how much
you enjoy your hobby.
2/9/2016
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Thank you in advance. I will be adding more details to this page about the case
as things develop.
Thank you from the volunteer team and staff at Larping.org.
FAQ
Who are you anyways...?
Well, for starters my name is Jordan Gwyther and a few years ago I started
Larping.org with a few friends to create a place where information, photos,
videos, etc. could be collected as a hub for the larp community. We've created
a bunch of content and resources, such as the Larp List and Map, to help
expand this awesome hobby. From there, Tom Miller and I have started a few
other websites and trips that all have to do with Larping in one way or another
including: www.thevoyagenorth.com, www.larptents.com and
www.upshotarrows.com.
How will the money be used?
The money for this Gofundme will be used exclusively to fight this case. Any
remainder will be donated to charity. Fighting the case will include attorney's
fees and expenses related to the case.
How soon do you need the funds?
I need donations today! The case is already moving along, as of today (2/8/16)
2/9/2016
Page 6 of 11

we have already accumulated quite a bit of attorney's fees and we are
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approaching busier
and busier
of the case where fees will rack up
very quickly.
I dont use these type of arrows at my game - why should I care?
I think the main point here is that someone is threatening a portion of your
hobby, of the nerd community, is being attacked and will change for the
forseeable future. As a community, as a hobby, this is important and we should
defend it together so that our hobby can grow and expand instead of being
reduced due to greed.
Can I see the complaint filed against you?
Absolutely,here is a link to PDF. We have nothing to hide. In the complaint you
will see many claims against me. Some of which are completely untrue, while
others are "junk" that is trying to be passed off as breaking the law when in fact
we have done nothing wrong.
How do you plan to win this case?
We believe the fact that the foam tipped arrows patented by iDV Engineering
in Germany, were sold in the United States prior to the creation of the patent
that is in question. This should prove that the case is invalid.Feel free to see
the German patent here.
4.1K
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Recent
Josh Miller
13 hours ago
Have you contacted iDV Arrows to seek financial aid in fighting a legal
battle that centers on whether or not their product is legal to sell
within Indiana and possibly all of the US? You should also make a point
to contact US Based manufactures of foam tipped arrows. Being proactive in gaining support of US based makers of foam tipped arrows
should be a priority and will be vital in any effort to raise as much
money as you need. Their patent case against is mostly baseless and I
wish I could financially help you out. Hell, any of the round tipped
arrows are blatantly excluded from their patents because they
describe the arrow as being cylindrical while the rounded tips are
spherical. However I am concerned that their are a lot of other
2/9/2016
Page 7 of 11

chargers in that brief concerning trademark infringement and unfair
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advertising
seem to be supported by their
evidence which don't seem to touch on in your campaign. You
probably should take some time talking about those issues too.
Dave Catania
11 hours ago
Also I'm sure that Hasbro would love to send a cease and desist letter
once they realize he's likely infringing on their patents for Nerf arrows
http://www.amazon.com/Nerf-Rebelle-Blaster-purplearrows/dp/B00IKFZ5TS
Xavier Lusby
11 hours ago
The patent is invalid, and if put under scrutiny through the court could
result in it being revoked. I'm not sure as to the validity of some of
their other claims, but it sounds like you took some of their business,
and took affront to you insulting the quality of their product. Their
case is a joke.
Dave Catania
11 hours ago
I've been through a trademark lawsuit and won (settled with

prejudice) against two much larger companies; contact me and I'll fill
you in on what I know to help you out. But keep raising money, it's
good to have a war chest.
Scott Lemiere
14 hours ago
Try challenging the validity of the patent (because it won't hold up to

scrutiny) instead of just defending yourself: it might scare them off the
lawsuit.
Daniel Austin
14 hours ago
Your lawyer needs to take a copy of the 6th Edition Amtgard

Rulebook to present to the judge to have the case dismissed.
Teresa Mayer
15 hours ago
You might want to change how your page is laid out. When shared on
Facebook, it implies that you're trying to end larp, not save it.
John Turner
15 hours ago
Amtgard's 6th edition rulebook (1993) has construction examples of

non-lethal arrows. The original German patent is 11 years too late.
Curtis Barnes
11 hours ago
There should be a a patent for Baldar blunts that predates those

arrows. Those are soft tipped arrows just like the larp arrows or what
ever the tag place uses.
Nicolai Hiorth
12 hours ago
his patent claim is ridiculous, in Denmark we have been playing

combat archery since -94 (only without the protective masks) and if i
2/9/2016
Page 8 of 11

am not mistaken, Easton have produce small batches of foam tipped
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a Fundraiser
arrows
for some
years.Start
If the
court goes against you. foam tipped
arrows are not that hard to produce at home
John M. E. Machate
13 hours ago
Dagirhir and Darkon have been using this since the 70's and 80's. No
one can hold a patent on it.... I have shared this with both
organizations.
Adam Buxton
1 hour ago
Just to prove is patent si total rubbish, this is the origional design from
1996 http://homepage.ntlworld.com/here-bedragons/pages/arrows.htm
Josh Handel
1 hour ago
The other Josh nailed this on the head.... You should reach out to as
many producers and vendors as you can. Loosing the USA as a market
would be significant for any business... Also make sure to look for
other legal assistance that may be out there.... While not Electronic in
nature the EFF may know of other organizations that may help.. They,
themselves, have helped in cases of patent abuse when electronic
technology was involved.
Thomas Marlowe
1 hour ago
Google search "Fight a patent troll". Read all the articles. Watch the
TED talk:
https://www.ted.com/talks/drew_curtis_how_i_beat_a_patent_troll?
language=en
Karl Goodjohn
3 hours ago
Hey Guys, Larp arrows have been around way longer than these
patents. Only items 1,2,3 are of import to the wider larp community,
and should easily be dismissed. The following is a link to a 1996 Arrow
design by Mike Stringer, which builds on his orriginal 1989 design.
http://homepage.ntlworld.com/here-be-dragons/pages/arrows.htm
Francesco Pregliasco
5 hours ago
I just read a different interpretation on reddit (here:

https://www.reddit.com/r/LARP/comments/44tbai/the_end_of_larp_a
rchery_in_america/ ; I'll paste it in this post) How do you respond? ===
Ok, so contrary to what this guy wants to have you believe, the truth is
actually way different. In fact, I would go so far as to say that I believe
he is lying to everyone (at the very least by omission). Let me break
things down for you in order for you to see why. First of all, if you take
a look at the original court filing you will notice that the filing alleges 9
torts (basically 9 things that "Larping" did to harm Global Archery).
These are as follows (taken from iniplaw.org): Count I: Infringement
of the '413 Patent by Larping Count II: Infringement of the '159
Patent by Larping Count III: Infringement of Federal Trademarks
Count IV: False Designation of Origin/Unfair Competition Count V:
False Advertising Count VI: Tortious Interference with Contractual
Relations Count VII: Tortious Interference with Business
2/9/2016
Page 9 of 11

Relationships Count VIII: Criminal Mischief Count IX: Deception
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a Fundraiser
So... lets
begin Help
to breakStart
down
each alleged tort. In the first count, we
see a patent infringement but not quite in the way that the video
would have you believe. The patent is in-fact not on ALL forms of
boffer arrows but rather it describes a very specific design that
requires a specially manufactured piece. The standard foam boffer
arrow has nothing to do with this design and is not subject to patent
infringement. To be specific, what is claimed is: a generally cylindrical
foam tip connected with said foam tip connector end. The non-lethal
arrow of claim 1, wherein said foam tip connection end includes a
plurality of securing barbs extending circumferentially about said
foam tip connection end. The non-lethal arrow of claim 2, wherein said
securing barbs taper upwardly toward a back surface thereby allowing
said securing barbs to grip said foam tip. The non-lethal arrow of claim
1, wherein said shaft connection end includes a plurality of fins
extending upwardly from said elongate cylindrical portion. The nonlethal arrow of claim 4, wherein said fins taper upwardly from a rear
end of said elongate cylindrical portion to an outside edge of said foam
tip connection end. The non-lethal arrow of claim 4, wherein said foam
tip is hemispherical in shape. (Emphasis mine) As you can see, the
patent is mostly about a specific foam connector that rests on the
shaft and is used, in part, to secure the foam head to the arrow
through barbs on the front surface with fins behind that surface for
structural reasons. That is not all boffer arrows, only one specific
design. I will admit that I do not know about the arrows sold by
Larping as to whether or not the ones they sell had this feature prior
to the filing of the patent (which was actually before 2013 btw, that is
when they were granted their full patent). I will leave that for those
more knowledgeable than me to decide. As for the second patent, it is
basically a 2.0 version of the previous design which introduces a few
novel aspects to the first one's design. I will leave you all to look at it,
but it is essentially an even more specific design than the previous one
which once again DOES NOT IN ANY WAY THREATEN ALL
LARPING ARCHERY. The third count is where the story takes an
interesting turn. In this count, Global alleges that Larping specifically
began marketing its products with the "Archery Tag" keyword (and
buying google ads with that specific phrase) even though "Archery
Tag" is a registered trademark of Global. This constitutes a serious
breach of trademark law and would be akin to Larping marketing their
products as being Nerf or something of that nature. The fourth
count directlly links back to the third and basically says that because
Larping was selling their arrows using the "Archery Tag" that they are
misleading the consumers as to the nature of the product. This is akin
to Larping selling their products as Nerf. The fifth count refers to
Larping making the claim that their arrows are "Better than Archery
Tag!" which Global claims is false advertising as Larping has done
nothing to prove that this is the case. In the sixth count, we see more
juicy allegations. In this count, Global alleges that that Larping
specifically obtained a list of Global licensees from their website and
"Larping [had] contacted Globals licensees and made false, misleading
and/or deceptive statements to Globals licensees to further Larpings
own business opportunities, promote the sale of its products and
induce Globals licensees to breach their contracts with Global." I will
let this one hang on its own, but if it is true that these represent some
seriously illegitimate business practices on Larping's part. The seventh
count specifically relates to the dissemination of false i
Jr Rahier
6 hours ago
2/9/2016
Page 10 of 11

The thing that i want to know. I have looked at this and you dont talk
Start
a Fundraiser
aboutSearch
why youHelp
are in hot
water
to begin with. They hold a few patents
and are only going after two patient infrigements. The other stuff is
going after you for using the name archery tag in Paid search results
for your page. http://www.iniplaw.org/2015/10/indiana-patent-andtrademark-l-1.html
Alan Yau
10 hours ago
Holless Wilbur Allen, Jr. (July 12, 1909 June 28, 1979) was the
inventor of the compound bow. Inventor. H. W. Allen, Jr.
revolutionized the archery industry worldwide with the invention and
patent of the compound bow in the 1960s. In the early 1960s, the
USA experienced an increased interest in bow hunting. Holless Wilbur
Allen was mechanically minded and sawed the ends off a conventional
recurve bow and then added pulleys to each end. Allen experimented
with a number of designs to eventually apply for a patent on June 23,
1966, and U.S. Patent 3,486,495 was granted to him in December
1969. With the help of bowmaker Tom Jennings, he became the first
manufacturer of compound bows. Of the five bow manufacturing
companies to retain the right to manufacture compound bows utilizing
Allen's design and patent, PSE (Precision Shooting Equipment) is the
only survivor. PSE is the parent company of Browning Archery and the
former Archery Research (AR). Why not go tell the makers of the
Compound Bow that someone is try to claim the rights to the Bow and
Arrow than PSE https://www.facebook.com/OfficialPSEArchery
Maybe they might look into this topic and sue Global for the use of
Bows & Arrows ? Just a though
Pelle Johansen
12 hours ago
why can he decide that his arrows can only be used for archery tag. If
you buy some of his arrows you can use em for wahtever ou wasn't
including LARP can't you
Justin Hughes
13 hours ago
It is well documented that the SCA has been using arrows with
padded tips for combat archery since 1967:
http://www.pbm.com/~lindahl/articles/combat.archery.html I would
talk to our friends in the SCA about this, as a poor outcome would
affect those activities as well. We're all in this together, whatever our
game!
1-20 of 23 comments
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2/9/2016

Global Archery v. Gwyther - Motion For TRO

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Global Archery v. Gwyther - Motion For TRO

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USDC IN/ND case 1:15-cv-00297-JVB-SLC document 24 filed 02/10/16 page 1 of 14

IN THE UNITED STATES DISTRICT COURT

Civil Action No.: 1:15-cv-297-JVB-SLC

PLAINTIFF GLOBAL ARCHERY PRODUCTS, INC.S

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 24 filed 02/10/16 page 2 of 14

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 24 filed 02/10/16 page 3 of 14

Advertising for Gwythers Arrows. Complaint at paragraph 11 and Exhibit F;

On Amazon.com to market and promote competing sets of ARCHERY TAG equipment.

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 24 filed 02/10/16 page 4 of 14

The End of Larp Archery in North America;

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 24 filed 02/10/16 page 5 of 14

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 24 filed 02/10/16 page 6 of 14

Global Has a Strong Likelihood of Success on the Merits

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 24 filed 02/10/16 page 7 of 14

(B) in commercial advertising or promotion, misrepresents the nature,

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 24 filed 02/10/16 page 8 of 14

Gwyther Has Made False and Misleading Statements

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 24 filed 02/10/16 page 9 of 14

As a community, as a hobby, this is important and we should defend it together so

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 24 filed 02/10/16 page 10 of 14

Gwythers False Advertisement Actually Deceived and Tend to

Gwythers False Advertisement is directed towards consumers who purchase products

Gwythers Statements are Material in that They Influence a Deceived

Gwythers False Advertisement Were Introduced Into Interstate

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 24 filed 02/10/16 page 11 of 14

There is a Causal Link Between the False Advertisement and Harm to

Global Has and Will Continue to Suffer Irreparable Injury Without an

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 24 filed 02/10/16 page 12 of 14

The Public Interest Is Served by Truthful Advertising

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 24 filed 02/10/16 page 13 of 14

Dated: February 10, 2016

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 24 filed 02/10/16 page 14 of 14

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 24-1 filed 02/10/16 page 1 of 11

Civil Action No.: 1:15-cv-297-JVB-SLC

DECLARATION OF JOHN JACKSON

Jordan Gwyther d/b/a Larping.org and Upshot Arrows is not authorized or

licensed to use the ARCHERY TAG trademarks.

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 24-1 filed 02/10/16 page 2 of 11

Live Action Role Playing.

were directed to Global Archery Products, Inc.

that the foregoing is true and correct.

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 24-1 filed 02/10/16 page 3 of 11

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 24-1 filed 02/10/16 page 4 of 11

Color Ship ...

Teen Activ ...

Bac ken ...

'- Merge Contact

Contact Not Made

Contact Not Made

https ://www.reddit.com/r/videos/ comments/ 44tmwd/a rchery _tag_creators_have_patented_foa m_tipped/ You guys f

Contact Not Made

Contact Not Made

USDC IN/ND case 1:15-cv-00297-JVB-SLC document 24-1 filed 02/10/16 page 5 of 11

Color Ship ...

Teen Activ ...

Bac ken ...

'- Merge Contact

Contact Not Made

Contact Not Made

Why do you suck so much d k?

Contact Not Made

Contact Not Made

Better Foam Tipped