Level Terrain v. Amazon - Complaint

Case 1:16-cv-01020 Document 1 Filed 05/04/16 USDC Colorado Page 1 of 21
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO
Civil Action No.
LEVEL TERRAIN, LLC,
a Colorado limited liability company,
Plaintiff,
v.
AMAZON.COM, INC., a Delaware corporation, and
AMAZON TECHNOLOGIES, INC., a Nevada corporation,
Defendants.
COMPLAINT WITH JURY DEMAND
Plaintiff Level Terrain, LLC ("Level Terrain"), for its Complaint against Defendants
Amazon.com, Inc. and Amazon Technologies, Inc. (hereinafter, collectively "Amazon"), alleges
as follows:
I.
1.
PARTIES
Level Terrain is a Colorado limited liability company having its principal place of
business 8810 West 116th Circle, Unit A, Broomfield, Colorado 80021.

2.
Amazon.com, Inc., which does business in Colorado as Amazon Technologies,
Inc., is a Delaware corporation with a principal place of business at 410 Terry Avenue North,
Seattle, Washington 98109-5210.
3.
Amazon Technologies, Inc. is a Nevada corporation with a principal place of
business at 8329 West Sunset Road, Suite 200, Las Vegas, Nevada 89113-2203.
II.
4.
JURISDICTION AND VENUE
This is an action for design patent infringement under the patent laws of the
United States 35 U.S.C. 1, et seq.; for trademark infringement and unfair competition under the
United States Trademark Act, 15 U.S.C. 1051, et seq.; unfair competition under the common
laws of the State of Colorado; and for violation of the Colorado Consumer Protection Act, Colo.
Rev. Stat. 6-1-101 et. seq.
5.
This Court has subject matter jurisdiction over Level Terrain's claims for design
patent infringement, trademark infringement, and unfair competition pursuant to 15 U.S.C.

1121(a) and 28 U.S.C. 1331 and 1338. This Court also has supplemental jurisdiction over
Level Terrain's claim for violation of the Colorado Consumer Protection Act pursuant to 28
U.S.C. 1367 because this claim is substantially related to Level Terrain's other claims over
which the Court has original jurisdiction . This Court also has original subject matter jurisdiction
over this action under 28 U.S.C. 1332(a)(1), because the matter in controversy exceeds the sum
or value of $75,000, exclusive of the interest and costs, and is between citizens of different
States.
6.
The Court has personal jurisdiction over Amazon because Level Terrain's claims
arise from Amazon's transactions of business in this juridical district, because Level Terrains
claims arise from Amazon's commission of tortious acts in this judicial district, including the
offering for sale and sale of infringing products in this judicial district, and because Level
Terrain is being damaged in this judicial district by Amazon's tortious conduct.
7.
Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b) and (c).
III.
GENERAL ALLEGATIONS
A.
Level Terrain And Its Design Patent And Trademark
8.
Frustrated with the lack of options for securing her possessions during exercise,
Ms. Mia Do applied her design school expertise to invent a fitness belt storage solution made
from a moisture-wicking, spandex-lycra material that can be worn around the waist, and that is
adapted for securing common items carried during exercise such has mobile phones, music
players, gel packs, and keys. Level Terrain was founded by Ms. Do in early 2012 to
manufacture, market, and sell her fitness belt invention.
9.
Level Terrain has sold its fitness belts under and in connection with its
FLIPBELT trademark since at least March 15, 2012.

10.
Since at least March 15, 2012, Level Terrain has continuously promoted and
advertised its fitness belts in connection with its FLIPBELT trademark in various local, regional,
and national channels including print, internet, trade shows, fitness and running expositions, and
on social media including Facebook, Instagram, Google+, Twitter, YouTube, LinkedIn, and
Pinterest.
11.
Level Terrain sells its FLIPBELT fitness belts through numerous merchandisers,
retailers, and stores nationwide, including 24 Hour Fitness, Bed Bath & Beyond, Fleet Feet
Sports, Eastern Mountain Sports, Brookstone, and REI, and on the internet, including through its
own website at www.flipbelt.com.
12.
Level Terrain's FLIPBELT fitness belt is offered for sale and sold at Amazons
www.amazon.com website. A true and correct copy of a print out of Level Terrain's FLIPBELT
fitness belt at www.amazon.com is attached hereto as Exhibit 1 and incorporated herein by this
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reference. According to www.amazon.com, Level Terrain's FLIPBELT fitness belt is one of the
highest selling products in the Sports & Outdoors category, and is ranked as the highest selling
product in the Waist Packs subcategory of Sports & Outdoors on www.amazon.com.
13.
Level Terrain's FLIPBELT fitness belts have been recognized by numerous
national, high-circulation media, including Vogue Magazine, Business Insider, Denver Business
Journal, InStyle Magazine, Men's Journal, People Magazine, Outdoor Retailer, and CBS
Chicago, among others.
14.
By virtue of its continuous, extensive use and promotion of the FLIPBELT
trademark in commerce, Level Terrain has developed strong common law rights in and to its
FLIPBELT trademark.
15.
In addition to its common law rights, Level Terrain sought protection for its
intellectual property rights associated with its FLIPBELT fitness belts by seeking patent
protection and registration of its FLIPBELT trademark.
16.
On March 12, 2013, the United States Patent and Trademark office ("USPTO")
issued Trademark Registration No. 4,300,574, in International Class 25 for "body band in the
nature of clothing for carrying articles" ("the '574 Registration"). A true and correct copy of the
'574 Registration is attached hereto as Exhibit 2 and incorporated herein by this reference. Level
Terrain is the owner of all right, title and interest in and to the '574 Registration, including the
right to sue and collect damages for past infringement thereof.
17.
The '574 Registration constitutes prima facie evidence of Level Terrain's
exclusive right to use FLIPBELT in commerce and of the validity and ownership of the
FLIPBELT trademark. Level Terrain is entitled to constructive use rights, including nationwide
priority rights, as of the June 6, 2012 filing date of the application that matured into the '574
Registration.
18.
On October 22, 2013, the USPTO duly and legally issued United States Patent
No. D691,795 entitled Waist Belt Carrier (the 'D795 Patent) to Ms. Do. A true and correct
copy of the 'D795 Patent is attached hereto as Exhibit 3 and incorporated herein by this
reference.. Level Terrain is the owner of all right, title, and interest in and to the 'D795 Patent,
including the right to sue and collect damages for past infringement thereof. Level Terrain has
continuously and consistently marked substantially all of its FLIPBELT fitness belts with Pat.
No. USD 691,795S & Patents Pending or similar language since issuance of the 'D795 Patent.
B.
Amazon And Its E-Commerce Website
19.
Amazon is the largest internet retailer in the United States. Amazon owns and
operates an e-commerce website at www.amazon.com where it offers for sale and sells, and/or
enables and controls the offer for sale and sale by third party sellers of a plethora of consumer
goods including various fitness belt products that compete with Level Terrain's FLIPBELT
fitness belt product.
20.
Amazon's www.amazon.com website is available throughout the United States,
and is accessible to and used by e-commerce shoppers in Colorado.

21.
Amazon's www.amazon.com website includes a search engine function that is
managed and controlled by Amazon.

22.
Amazon's search engine is the leading search engine for internet-based product
research by consumers.
23.
Amazon manages, controls, and monitors the products that are offered for sale
and sold on its website at www.amazon.com. For example, Amazon recently announced that it
had removed all confederate flag merchandise from its www.amazon.com website. In another
example, Amazon recently banned the sale of USB-C cables or adapters that are not compliant
with industry standards and specifications. Upon information and belief, Amazon has also
entered into settlement agreements with third parties concerning Amazon's infringement of those
third parties' intellectual property rights, and pursuant to those agreements Amazon has agreed to
prohibit the sale of certain products and prohibit the use of certain trade dress and/or trademarks
on www.amazon.com.
24.
Amazon also controls, manages, and monitors which third party sellers may offer
for sale and sell products on its website at www.amazon.com. Indeed, one may not sell products
on Amazon's www.amazon.com website without first entering into a written agreement with
Amazon containing numerous provisions governing third party seller behavior.
25.
Amazon has the technical capability to preclude the use of certain terms, such as
trademarks, in the product listings on www.amazon.com.
Amazon also has the technical
capability to preclude the association of trademarks that are used as search terms in the search
engine of its www.amazon.com website with competing products that are offered for sale and
sold on its website. Upon information and belief, Amazon has also entered into settlement
agreements with third parties concerning Amazon's infringement of those third parties'
intellectual property rights, and Amazon has agreed in those agreements to preclude the
association of the third party trademarks with competing products in Amazon's search engine on
its www.amazon.com website.
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26.
Amazon has the capability to and does track the search terms entered in its search
engine at www.amazon.com and the products that have been viewed and purchased by users of
the search engine on its www.amazon.com website.
27.
Amazon has the capability to and does perform targeted email marketing to
visitors to its www.amazon.com website. Amazon uses this information for, among other things,
generating targeted email advertising to the e-commerce consumer who has viewed a particular
product on Amazon's www.amazon.com website. A true and correct copy of an example of
Amazons targeted email advertising for a fitness belt product competing with Level Terrain's
FLIPBELT fitness belt is attached hereto as Exhibit 4 and incorporated herein by this reference..
28.
Amazon profits from the sale of products by third party sellers enabled by its
website at www.amazon.com through, among other sources, commissions and fees paid to
Amazon by those third party sellers.
C.
Amazon's Infringement Of Level Terrain's FLIPBELT Trademark
29.
The search engine at Amazon's www.amazon.com website allows visitors to the
website to search for items to purchase by entering a search query and to receive a listing of
products offered for sale as a result of that query. This search engine feature allows for the entry
of any individual words or strings of text desired by the user.
30.
On information and belief, the results generated by Amazon's search engine
depend, at least in part, on the search query entered by the user. For example, visitors to the
www.amazon.com website may search for items to purchase by using generic search terms, such
as fitness belts, and will receive results including all manner of fitness belt products.
31.
Visitors to Amazon's www.amazon.com website interested in purchasing a
particular brand of product may also use Amazon's search engine to search for that brand.
However, visitors who utilize the search engine to search for the FLIPBELT fitness belt using
Level Terrain's FLIPBELT trademark will receive results containing numerous competing fitness
belt products. A true and correct copy of print-out results for the search query FLIPBELT on
May 2, 2016 is attached hereto as Exhibit 5 and incorporated herein by this reference. At the top
of the results page, Level Terrain's FLIPBELT trademark is prominently displayed in quotations
as the search query. Immediately below are related searches containing hyperlinks to search
results for queries containing Level Terrain's trademark FLIPBELT rendered as two words
"FLIP BELT," in addition to other terms. Immediately below the "related searches" are the
search results that include numerous fitness belt products competing with Level Terrain's
FLIPBELT fitness belts. In addition, to the right is a box containing "sponsored" products that
include competing fitness belt products. These results indicate that Amazon has intentionally
configured its search engine to link Level Terrain's FLIPBELT trademark with competing fitness
belt products. However, Level Terrain is not the source of these competing products and has
never authorized Amazon to use its FLIPBELT trademark in this manner.
32.
Amazon is also using Level Terrain's FLIPBELT trademark in its advertising,
offering for sale, and selling and/or enabling the offer for sale and selling of competing fitness
belt products through its targeted email marketing as shown, for example, in Exhibit 4 hereto.
33.
These unauthorized uses of Level Terrain's FLIPBELT trademark by Amazon
constitute infringement in that Amazon is substituting competing fitness belts when Level
Terrain's FLIPBELT product is sought by visitors to Amazon's www.amazon.com website.
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34.
In addition, Amazon has and is currently offering for sale and selling and/or
enabling the offer for sale and selling of competing fitness belt products in connection with
trademarks that are identical or confusingly similar to Level Terrain's FLIPBELT trademark,
including at least the following products:
a.
ASIN: B015HQ85O4 by RooCoo Athletics for "Flipbelt"
b.
ASIN: B00SUQH590 by Blue-1one for "Fit Belt"
c.
ASIN: B013TQFP0Q by FitBelt for "FitBelt"
d.
ASIN: B01E8DI5J2 by Funfitness for "Funbelt"
True and correct copies of print-outs of the foregoing product listings at www.amazon.com are
attached hereto as Exhibit 6 and incorporated herein by this reference.
35.
Level Terrain is not the source of the above-identified products and Level Terrain
has not authorized Amazon or third party sellers to use or allow the use of Level Terrain's
FLIPBELT trademark in this manner.
36.
The above-identified use of similar or identical trademarks or terms for competing
fitness belts is likely to cause consumer confusion as to the source and origin of those competing
fitness belts or cause consumers to falsely believe that those competing fitness belts are affiliated
with Level Terrain.
37.
The above-identified third party sellers list the foregoing infringing products on
Amazon's www.amazon.com website with Amazon's knowledge, consent, and encouragement.

38.
Through its actions described above, Amazon has knowingly and intentionally
misled consumers to believe that these competing fitness belt products were made by Level
Terrain or associated with Level Terrain, and/or contributed to such misleading activities by third
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party sellers on www.amazon.com. As a result, consumers have mistakenly purchased products

competitive with Level Terrains FLIPBELT fitness belt, and/or have suffered at least initial
interest confusion leading those consumers to purchase competing fitness belts instead of Level
Terrain's FLIPBELT fitness belts.
D.
Amazon's Infringement Of Level Terrain's 'D795 Patent
39.
Amazon imports, uses, offers to sell, sells, and/or encourages and enables third
party sellers to import, use, offer for sale, or sell, at least the following fitness belt products that
infringe Level Terrain's 'D795 Patent:
a. ASIN: B00MZCZ5PQ by Product Stop, Inc.
b. ASIN: B00RYL0WTC by RUI LLC/Rise Up
c. ASIN: B00SUQH590 by Blue-1one
d. ASIN: B00QR7HJDG by Lucid
e. ASIN: B00OM434W6 by Soulunar Solutions
f. ASIN: B00S7LCT6C by Gearproz
g. ASIN: B00QS87U06 by FunFitness
h. ASIN: B00XAGT62E by Stealth Tech
i. ASIN: B00R17MU2G by C4ward
j. ASIN: B00PO77I0O by Fit-Flux
k. ASIN: B00YRKLT54 by Xcellent Global
l. ASIN: B00YU8WLPA by Ptatoms
m. ASIN: B00Y7YHNS2 by Snowhale
n. ASIN: B00SKPMPFU by Pardus
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True and correct copies of print-outs of the foregoing product listings at www.amazon.com are
attached hereto as Exhibit 7 and incorporated herein by this reference. The foregoing infringing
products are waist belt carriers that have no substantial non-infringing use with respect to the
'D795 Patent.
40.
Amazon also encourages the sale and use of products infringing Level Terrain's
'D795 Patent by listing sponsored products and other products on the www.amazon.com listing
page for Level Terrain's FLIPBELT fitness belt, and by targeted email marketing of infringing
products as shown by Exhibit 4 hereto. As shown in Exhibit 1 hereto, at the bottom of the listing
are numerous products that infringe the 'D795 Patent, including many of the products listed
above in Paragraph 39.
41.
The above-identified sellers list the foregoing infringing products on Amazon's
www.amazon.com website with Amazon's knowledge, consent, and encouragement.

42.
Level Terrain is not the source of these infringing products and Level Terrain has
never licensed Amazon to use or allow the use of the 'D795 Patent in this manner.
E.
Level Terrain's Numerous Demands To Amazon To Cease Its Infringement
43.
On numerous occasions Level Terrain has complained to Amazon concerning the
unauthorized use of Level Terrain's FLIPBELT trademark and offers for sale and sale of
products infringing the 'D795 Patent at www.amazon.com. Amazon has responded to some of
Level Terrains complaints, and has even claimed to have removed certain infringing products
from www.amazon.com. However, as of the filing of this Complaint, those infringing products
remain available at Amazon's www.amazon.com website. True and correct copies of exemplary
communications between Level Terrain and Amazon are attached as Exhibit 8 and incorporated
11
herein by this reference. As shown by Exhibit 8, Level Terrain has requested that Amazon
remove the products listed above in Paragraph 39 from www.amazon.com because those
products infringe Level Terrain's 'D795 Patent. Despite Level Terrain's requests, all of these
products remain available on Amazon's www.amazon.com website.
Further, Amazon has
refused Level Terrain's requests to provide the true names and contact information for third party
sellers on its www.amazon.com website that are infringing Level Terrain's intellectual property
rights. Amazon has thus allowed these third party sellers to infringe Level Terrain's intellectual
property rights with anonymity and hampered Level Terrain's ability to seek legal recourse
directly against those third party sellers.
44.
Despite receiving numerous complaints from Level Terrain, Amazon has
continued to infringe and/or has contributed to the infringement of Level Terrain's FLIPBELT
trademark by its use of the trademark in its search engine, and by offering for sale and selling
and/or allowing and encouraging third party sellers to offer for sale and sell competing fitness
belt products using identical or confusingly similar trademarks, and has continued to allow and
encourage third party sellers to infringe Level Terrain's FLIPBELT trademark.
45.
After receiving notice of Level Terrain's 'D795 Patent, Amazon has continued to
offer for sale and sell infringing products, enable and encourage third party sellers to offer for
sale and sell infringing products on its website at www.amazon.com, and has encouraged the use
of infringing products by the end user purchasers.
46.
Amazon has ignored Level Terrain's patent and trademark rights and requests to
remove infringing products from www.amazon.com because of the financial incentives that
12
Amazon receives from selling those infringing products and/or from the sale of those infringing
products by third party sellers.
47.
Amazon has known, since at least April 2014 that Amazon's use of Level
Terrain's intellectual property was damaging Level Terrain in Colorado and its reputation and
causing confusion to consumers by the false impressions created thereby. Amazon has thus
knowingly persisted in conduct that is likely to cause confusion in the trade and thereby
intentionally infringed Level Terrains FLIPBELT trademark and 'D795 Patent, and injured
Level Terrain in Colorado.
48.
But for Amazon's sale, offering for sale, and selling of infringing products, and/or
enabling such actions by third party sellers at www.amazon.com, Level Terrain would not have
been damaged or its property rights infringed as a result of the sale thereof.
49.
Amazon's willful and deliberate actions have caused significant harm to Level
Terrain.
FIRST CLAIM FOR RELIEF
(Infringement of U.S. Patent No. D691,795, 35 U.S.C 271(a) and (b))
50.
Level Terrain realleges and incorporates herein each and every allegation
contained in paragraphs 1 through 49 above.

51.
By importing, using, offering for sale, and selling fitness belt products in the
United States that infringe the 'D795 Patent, without authorization or license from Level Terrain,
Amazon has been and is currently in violation of 35 U.S.C. 271(a).
52.
Amazon induces direct infringement of the 'D795 Patent by encouraging third
party sellers to offer for sale and sell infringing fitness belt products on its www.amazon.com
website, by encouraging the use of those infringing products by the end user consumers, is aware
13
of the fact that such acts amount to infringement of the 'D795 Patents, and has specific intent to
induce that infringement, all in violation of 35 U.S.C. 271(b).
53.
Level Terrain has been damaged and is currently being damaged by Amazon's
infringement of the 'D795 Patent in amount to be proven at trial.

54.
Amazon's infringement of the 'D795 Patent has been and continues to be willful
and intentional and with full knowledge of the existence and validity thereof.
55.
The willful and intentional nature of Amazon's infringement entitles Level
Terrain to an award of treble damages pursuant to 35 U.S.C. 284, and to an award of its
attorney's fees pursuant to 35 U.S.C. 285.
56.
Level Terrain will continue to suffer damages and irreparable harm unless
Amazon is restrained and enjoined by this Court, pursuant to 35 U.S.C. 283, from further
infringement of the 'D795 Patent.
SECOND CLAIM FOR RELIEF
(Trademark Infringement,15 U.S.C. 1114(1)(a))
57.

58.
Level Terrain owns valid and enforceable trademark rights in its FLIPBELT
trademark as indicated by its '574 Registration.

59.
Amazon's acts as described herein are likely to cause, and/or have contributed to,
confusion, deception, and/or mistake. Amazon's conduct also constitutes an attempt to trade on
the goodwill that Level Terrain has developed in its FLIPBELT trademark, all to the damage of
Level Terrain.
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60.
Amazon's acts as described herein constitute, and/or have contributed to, the use
in commerce of a reproduction, counterfeit, copy of colorable imitation of registered trademarks,

in connection with the sale, offering for sale, distribution, or advertising of products, on or in
connection with such use is likely to cause confusion or to cause a mistake or to deceive, in
violation of 15 U.S.C. 1114(1).
61.
Amazon's acts have been without consent from Level Terrain.
62.
Amazon's acts have been committed willfully and with intent, making this an
exceptional case and entitling Level Terrain to recover its costs of this action and reasonable
attorney's fees pursuant to 17 U.S.C. 1117(a).
63.
As a direct and proximate result of Amazon's acts, Amazon has been unjustly
enriched, entitling Level Terrain to an accounting and disgorgement of Amazon's profits.

64.
By its conduct, Amazon has caused Level Terrain irreparable harm and injury and
will continue to do so unless Amazon is restrained and enjoined by this Court from further
violation of Level Terrain's rights.
THIRD CLAIM FOR RELIEF
(Trademark Infringement, Unfair Competition
and False Designation of Designation of Origin,15 U.S.C. 1125(a)(1))
65.
contained in paragraph 1 through 64 above.

66.
Amazon's acts as alleged herein constitute, and/or have contributed to, false
designations of origin, false or misleading descriptions of fact, or false or misleading of facts

which are likely to cause confusion or mistake, or to deceive the public as to the origin,
15
sponsorship, or approval of Amazon's goods, and otherwise constitute infringement and unfair
competition in violation of 15 U.S.C. 1125(a)(1).
67.
Amazon's acts have been committed willfully and with intent, making this an
exceptional case and entitling Level Terrain to recover its costs of this action and reasonable
attorney's fees pursuant to 15 U.S.C. 1117(a).
68.
As a direct and proximate result of Amazon's acts, Amazon has been unjustly
enriched, entitling Level Terrain to an accounting and disgorgement of Amazon's profits.

69.
By its conduct, Amazon has caused Level Terrain irreparable harm and injury and
will continue to do so unless Amazon is restrained and enjoined by this Court from further
violation of Level Terrain's rights.
FOURTH CLAIM FOR RELIEF
(Common Law Unfair Competition)
70.

71.
Amazon's acts and omissions as described herein constitute, and/or contributed to,
unfair competition against Level Terrain at common law.

72.
Amazon's unfair competition has been willful and with intent to deceive the
consuming public and the marketplace.

73.
Amazon's unfair competition has harmed Level Terrain in its business and
goodwill.
74.
Amazon's unfair competition has damaged Level Terrain in an amount to be
determined at trial.
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75.
Level Terrain has suffered and is continuing to suffer irreparable harm as a result
of Amazon's unfair competition, and Level Terrain has no adequate remedy at law for such
injury.
FIFTH CLAIM FOR RELIEF
(Deceptive Trade Practices, Colo. Rev. Stat. 6-1-105)
76.

77.
By the actions described above, Amazon has engaged in deceptive trade practices,
as defined by the Colo. Rev. Stat 6-1-101 et seq.

78.
Amazon's wrongful actions were committed with an intent to deceive the public
and with willful and wanton disregard of the laws of the State of Colorado and Level Terrains
superior rights.
79.
Amazon's deceptive trade practices have substantially affected the public as
consumers and potential consumers of Level Terrain's products.

80.
As a result of Amazon's unlawful actions, Level Terrain has suffered commercial
81.
Level Terrain is entitled to an award of statutory damages in the amount of $500
harm.
for each deceptive trade practice committed by Amazon.

82.
Level Terrain is also entitled to an award of its reasonable attorney's fees and
costs pursuant to the Colorado Consumer Protection Act.

83.
Because Level Terrain's legal remedies for Amazon's deceptive trade practices are
inadequate, and because Level Terrain has suffered and will continue to suffer irreparable harm
17
as a result of Amazon's deceptive trade practices, Level Terrain is entitled to injunctive relief
prohibiting those deceptive trade practices.
DEMAND FOR JURY TRIAL
Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Level Terrain demands a
trial by jury on all issues so triable.
PRAYER FOR RELIEF
WHEREFORE, Level Terrain prays for the following relief:
A.
Judgment that:
1.
Level Terrains 'D795 Patent and FLIPBELT trademarks are valid and
enforceable and are the exclusive property of Level Terrain;

2.
Amazon has infringed Level Terrains FLIPBELT trademark and
competed unfairly with Level Terrain and that such infringement and unfair competition
has been willful, deliberate, intentional, and malicious;
3.
Amazon has infringed the 'D795 Patent in violation of 35 U.S.C. 271;and
4.
Amazon has engaged in deceptive trade practices in violation of Colo.
Rev. Stat. 6-1-105.

B.
That Amazon, and its agents, servants, employees, attorneys, successors, and
assigns, and all person in active concert or participation with Amazon, be enjoined and
restrained, preliminarily, perpetually, and permanently from:
1.
Using in any manner Level Terrain's FLIPBELT trademark, or any other
mark which so resembles Level Terrains FLIPBELT trademark, as to be likely to cause

confusion, deception or mistake, on or in connection with the advertising, offering for
18
sale, or sale of any product or service which is not authorized by Level Terrain, including
in Amazon's search engine at www.amazon.com;
2.
Using, or assisting or encouraging any third party in using, any false or
misleading designation of origin which tends to pass off Amazon's goods, services, or
commercial activities, or those of third party sellers, as those of Level Terrain, including
at www.amazon.com;
3.
Using, or assisting or encouraging any third party in using, any false or
misleading designation or representation of fact which misrepresents the nature,

characteristics, qualities, or geographic origin of Amazons goods, services, or
commercial activities, including at www.amazon.com;
4.
Unfair and illegal business practices or any conduct that otherwise
infringes Level Terrains FLIPBELT trademark or competes unfairly with Level Terrain,
including at www.amazon.com; and
5.
Making, using, offering for sale, selling, or importing any item that
infringes the 'D795 Patent, or assisting on encouraging any third parties from offering for
sale, selling, or using any item that infringes the 'D795 Patent, including at
www.amazon.com.
C.
That Amazon, within thirty (30) days after service of judgment with notice of
entry thereof upon Amazon, be required to file with the Court and serve upon Level Terrains
attorneys a written report under oath setting forth in detail the manner in which Amazon has
complied with the paragraph above.
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D.
An accounting of all profits received by Amazon from the sale of products in
connection with Amazons unlawful acts.

E.
An award to Level Terrain and against Amazon of the actual damages sustained
by Level Terrain on account of Amazons unlawful acts.

F.
An award to Level Terrain and against Amazon of statutory damages in the
amount of $500 for each deceptive trade practice committed by Amazon, pursuant to C.R.S. 61-113.
G.
An award to Level Terrain and against Amazon of treble damages and/or
enhanced profits pursuant to common law, C.R.S. 6-1-113, 35 U.S.C. 284, and/or 15 U.S.C.
1117.
H.
An award to Level Terrain and against Amazon of punitive and/or exemplary
damages.
I.
An award to Level Terrain and against Amazon of all costs, disbursements, and
reasonable attorneys fees pursuant to C.R.S. 6-1-113, 35 U.S.C. 285, 15 U.S.C. 1117,
and/or other authority.
J.
An award to Level Terrain and against Amazon of interest, including prejudgment
interest, for any monetary award to Level Terrain.

K.
An award to Level Terrain and against Amazon of such and further relief as this
Court deems just and proper.
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Respectfully submitted,
Dated: May 4, 2016
By: s/ Benjamin B. Lieb

Benjamin B. Lieb
blieb@sheridanross.com
John C. Heuton
jheuton@sheridanross.com
Kendria E. Pearson
kpearson@sheridanross.com
SHERIDAN ROSS P.C.
1560 Broadway, Suite 1200
Denver, CO 80202
Telephone:
(303) 863-9700
Facsimile:
(303) 863-0223
Email:
litigation@sheridanross.com
Attorneys for Plaintiff Level Terrain, LLC
21
Case 1:16-cv-01020 Document 1-1 Filed 05/04/16 USDC Colorado Page 1 of 9

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FlipBelt - USA Original Patent, USA

Designed, USA Shipped, USA
Warranty
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by Level Terrain
3,254 customer reviews
| 409 answered questions
Price:
$22.32 - $65.39
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Size:
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Color: Black
Bluetooth
Headphones
Lifetime Warrant...
Machine washable, and dry on tumble low or hang to air

dry
No fasteners that can cause uncomfortable chafing and the
tubular, even design eliminates bouncing
Polyester/Lycra fabric for moisture wicking, quick drying,
stretch, and softness against your skin
Four openings (two in the front and back) to easily slide in
and access items throughout the belt
Reflective 3M logo
Innoo Tech Bluetooth Headphones

Wireless Stereo Bl
67
$59.99 $14.99
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EX. 1, p. 1

FitBelt - Running Belt with

zipper for iPhone 6 / 6 Plus
& Android Smartphones +
Touchscreen Compatible
Running Fitness Belt with

Zipper Runner Waist Pack
217
$16.95
FITT Gear Running Belt

with Extra Large Pocket for
iPhone 5/5s, 6, and 6 Plus
& Android Smartphones,
126
Elite Running BeltSpandex Fitness Pouch Comfortably Hold Your

Things While You Run,
654
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Foot Forward Sport

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Product Description
The FlipBelt is a really simple but revolutionary product to go hands free. Made of machine-washable high tech Spandex-Lycra blend material
with an internal pocket system accessible from four openings around the belts exterior. The four pockets lets you easily tuck in your phone,
keys, gel packs, credit cards or whatever you may need for your workout. You then flip the belt inside out and everything gets locked in
place. Because there are no clasps or buttons, you simply pull the belt on like a pair of pants and wear it wherever it feels most comfortable.
Product Details
Shipping Information: View shipping rates and policies
Domestic Shipping: Item can be shipped within U.S.
International Shipping: This item is not eligible for international shipping. Learn More
ASIN: B012CW3122
Item model number: FBA-P
Average Customer Review:
(3,254 customer reviews)
Amazon Best Sellers Rank: #14 in Sports & Outdoors (See Top 100 in Sports & Outdoors)
#1 in Sports & Outdoors > Sports & Fitness > Exercise & Fitness > Running > Waist Packs
From the Manufacturer
EX. 1, p. 2

Wave goodbye to Armbands and Fanny Packs

Introducing the FlipBelt!
An active lifestyle is a healthy lifestyle; thats certain. These days,
however, even the healthiest people are weighed downand not
by those few extra pounds you're trying to lose or those growing
muscles, but by all the things they 'must' have with them: keys,
phones, wallets, credit cards, ID cards, headphones. Most people
use a variety of accessories while exercising in order to keep their
stuff safe, not to mention secure. The armband and fanny pack
used to be the standard. Not anymore. Why choose the FlipBelt?
Extremely comfortable and versatile

Phones are getting too large for Armbands
No fasterners for a chafe free experience
Bounce free and will not ride up
Used for travel and hidden money belt
Insulin pump, inhalers, EpiPens, and pills
Fashionable! Fanny packs are not!
In the Press
The media hype is real!
"The best most realistic

solution for holding your
iPhone 6 Plus" Business Insider
"We found the best
gizmo." - Vogue
"The Design is pretty
genius" - People
Magazine
"FlipBelt is the coolest
gear. Get rid of the
armband You won't
Discover the FlipBelt Difference
Quality you can Count on
The Patented Original
The most Versatile Solution
Quality control and quality materials insure that

every one of our belts fits and performs perfectly,
every time. FlipBelt stands by their product, thats
why there's always a 100% satisfaction guarantee!
Designed and shipped from the USA. We are the

original manufacturers of the tubular belt.
Workout armbands are often specifically made to fit

a certain model of phone. While that keeps them
secure, armbands often dont have enough room to
fit other items, like keys or money; their sizes are
also customized to fit only the newer models of
phones, so finding one to fit the relatively old-school
iPod Touch, Nano, or Shuffle could be difficult. And
what about those regular phone upgrades? Its
becoming more common to only go a year or two
with the same phonemeaning youll have to
upgrade your armband, too.
The difference is in the details! The FlipBelt features

maximum stretch and recovery stitching, flat seam
and piping, reinforced stitching, a 3M reflective logo,
true active wear sizing, the highest quality Micropoly
fabric, and double stitching.
FlipBelt Trademark Reg. No. 4,300,574 Issue Date:

3/12/2013 Product U.S. Pat. No. US D691,795 S
Issue Date: 10/22/2013.
Be aware of copy cats! Knock-off FlipBelts ship
from other countries and take weeks to arrive,
stretch out, bleed onto clothing, only use single
stitching and they don't allow exchanges. You will
not experience this type of hassle when you
purchase from FlipBelt, the original tubular belt.
EX. 1, p. 3

Simplify your Active Wear
Running
Travel
Fitness
Leisure
Whether you are a beginner who likes to
FlipBelts are a widely used travel
The solution to keeping your phone close
Taking a stroll down the beach, going to
walk and jog or a veteran marathon

runner, the FlipBelt will help make your
accessory for people looking to keep

their passport and money safe while on
without bouncing or falling out of your

pockets during exercise, crossfit,
the park with your kids, and even trips to

the mall just got easier with the FlipBelt.
life easier. FlipBelt has been tried and

tested for 30k 25k Half-marathon 20k
the go and traveling abroad. Outsmart

pickpockets and thieves by pulling your
strength training, and lifting. Keep your

gym key and membership cards in a
It is perfect a accessory for festivals,

concerts vacations shopping biking
Tested and
iPhone 6(s) Plus
Galaxy S6 and S5
LG G4
HTC One M9
DROID Turbo
approved
iPhone 6(s)
Galaxy S4 and S3
LG G3
HTC One M8
DROID MAXX
Phones
iPhone 5(s)
Galaxy Note 5, 4
LG G Vista
HTC One Remix
DROID MINI
iPhone 4(s)
Galaxy Note 3, 2
LG G Lancet
HTC One M7
iPhone 3 and iPod
Galaxy Note Edge
LG Escape
HTC One Max
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Customers Viewing This Page May Be Interested In These Sponsored Links (What's this?)
EX. 1, p. 4

Storage Belt Seen On TV
Wallet For Your Waist! Carry Keys, Money, & Phone Around Your Waist. www.getgobelt.com/Buy1Get1
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Highest qualtiy & best prices - 25 years of experience as producer
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Ad feedback
Customer Questions & Answers

Have a question? Search for answers
9
votes
Question:
Does the pink belt reflect in the dark/at night?
Answer:
I believe they all reflect the same regardless of color. It's just the thin silver trim on the top and bottom and the logo that reflect. It's not much
so don't rely on on this alone to be seen at night.
Nonetheless, it works great. I kid you not I have left it on hours after I finish exercising forgetting I have it on see more
By R.M. on August 13, 2014
See more answers (1)
8
votes
Question:
Will an iPhone 6+ fit in this?
Answer:
Yep, I have the plus and it fits snugly.

By Matthew Cooley on July 30, 2015
5
votes
Question:
Does the FlipBelt fit the new iPhone 6? I do not have the iPhone 6+.
Answer:
I tried 3 different sizes of the FlipBelt with my iPhone 6 + in a Mophie case. I couldn't get the phone into a Small (which fit my waist); I
struggled to get it into a Medium; and also struggled to get it into a Large (which flopped around on my hips). The openings are not big
enough. I like the design and wanted thi see more
By Dr. G. Hartley Mellish on May 3, 2015
5
votes
Question:
does the belt zip on or buckle?
Answer:
Neither. You step into it and pull it up.

By Jean McGough on November 19, 2014
See more answered questions (405)
Customer Reviews
3,254
4.4 out of 5 stars
5 star
71%
4 star
16%
3 star
7%
2 star
3%
1 star
3%
Share your thoughts with other customers

Write a customer review
See all 3,254 customer reviews
Top Customer Reviews

Wrong size chart...
By Chad on January 9, 2015
Ad feedback
Customer Images
Verified Purchase
The size chart is wrong on the selection. I've attached a photo so you can see what you really need. I'll
have to return the one I ordered for a smaller one. the photo is the size chart that came with the belt.
See all customer images
Most Recent Customer Reviews

Four Stars
EX. 1, p. 5

14 Comments
3,810 people found this helpful. Was this review helpful to you?
Yes
Good
No
Published 2 hours ago by mohd
Report abuse
she loves the fact that it is thinner
Doesn't Bounce Around At All!

By Debi @2014 & Beyond
Size: X-Large/35"-38"
TOP 1000 REVIEWER
Color: Black
on March 26, 2015
Verified Purchase
I recently saw this product on after having searched for an iPhone running case. It wasnt exactly what
I was thinking at the time, but as it turns out, its even better! After I read more about it, I searched to
see if they had their own website, which they did. I then looked around their website to see if they had
opportunities to test or review their product, which they did. In exchange for providing me with a
FlipBelt of my very own, I agreed to write this review for Level Terrain Apparel. Let me start out by
saying that while I was provided with the complimentary FlipBelt, it has no bearing on how I feel about
the product itself.
I do not possess the standard runner look. I do not (and cannot) tuck clothes in. BIG runs in my
family, its a genetic thing (thanks Mom and Dad). Im an up and down dieter/runner who sometimes
or mostly - eats more than she runs. Therefore, the very last thing in the world I would want to wear
while Im out there running events with professional photographers taking action shots would be
something gathering around my waist screaming look here, look here. Those waist packs, sport belts,
athletic pouches or whatever you might call them - fanny bags those are like swear words in my
book. I would prefer to stick pins in my nice tech shirts rather than wear a simple bib holder for the
mere fact that it cinches around that area.
than many belts out there and is...

A gift for my daughter. she loves the fact that it is
thinner than many belts out there and is quite
comfortable to run in.
Published 2 hours ago by Amazon Customer
Greay for running

I love this for running. I needed something to put my
phone and keys in and this does the job. I have tried
several armbands and all they did was irritate my arm
and slide all... Read more
Published 2 hours ago by Amanda
Comfortable, effective, and longlasting

I know there are cheaper knockoffs available, but I'm
glad I went ahead and got the FlipBelt. It is very
comfortable -- no sharp edges to poke into your skin.
Read more
Published 4 hours ago by rgonzale
When this FlipBelt arrived, the first thing I noticed is that it looks just like the top of my favorite yoga
pants a nice, thick 3-inch band. Its not a pouch that attaches to a belt; basically the whole thing IS a
pouch. There are no zippers, buttons, buckles, nothing. You either put it over your head, or you step
into it and adjust it to your waist or your hips, whichever is your preference. Read more
Published 13 hours ago by army0808
7 Comments
slide my Samsung Galaxy in ...

I bought the extra small first, but decided it might be
easier to use in the small. Just arrived today and I
tried it out with my cell phone on the treadmill. Read
more
Five Stars
Just like advertised
Very comfortable and it's easy to
761 people found this helpful. Was this review helpful to you?
Yes
No
Report
Published 15 hours ago by R. Kirby
abuse
Great product! Does what it says it
Good value
By Yoga Girl on December 28, 2015
**Update** I guess I bought too tight of a size because it stretched.. so I ended up switching to using
the single zip pocket belt from Nuclear as you can completely adjust it... Nuclear Strength Running and
Fitness Workout Belt (Black)
1. I ordered this and received it within the week (under 5 days), which I thought was great.
2. The belt holds tight when worn outside of yoga pants (or jogging tights), but not so much if you wear
it against your skin under your shirt.
3. The pockets hold your phone well tight against you, although I can't fit my keys in any of them (with
the fobs).
4. Completely no bounce when running and/or jogging (but again haven't held key fobs in the pockets).
5. I like that it's machine washable (I sweat a lot and it helps to not have that stink going on during
class).
Comment
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No
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abuse
Size chart in selection is now correct (3/9/15)
Color: Black
Published 18 hours ago by Ashley
Five Stars
Great!
Published 1 day ago by Xinyu
Four Stars
Love it!
Published 1 day ago by Tiffany McVay
This belt is perfect, for exercising

and for being out and about
This belt is perfect, for exercising and for being out
and about. Keeps my belongings tight against me and
not loose so I do not have to worry about anything
falling out while on... Read more
By Vlo on March 11, 2015

Size: Small/26"-29"
will!
This product does everything it says it does! The belt
held my phone, Gu, and chapstick while I ran a half
marathon. I didn't even remember it was there! Read
more
Verified Purchase
Just purchased the FlipBelt on 3/9/15 and received it in the mail today. The latest size chart in the
selection seems to be correct. Check out the hangtag.
Published 1 day ago by Jerika
Search Customer Reviews
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No
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abuse
Adore - but use some common sense, yeah?
By R. Goodman on August 27, 2014
Size: Large/32"-35"
Color: Carbon
Verified Purchase
EX. 1, p. 6

On top of all the superlatives other reviewers have used to describe flip belt, I think there are some
"best practices" worth mentioning, particularly if you're using it to run outside.
I used the belt for the first time today (at a gym, on the treadmill) and stowed my ID and money as far
into the seam that I could on the front of my left hip (actually where the keys are supposed to go - see
the little hook in the picture). When I returned home and flipped the belt so the openings were facing
outward, my cards and money were hovering a little too close to that opening. One reviewer gave the
belt one star (maybe two, can't remember) because he/she lost their ID/cards/money on a long
distance run - and I'm guessing my experience was about to be similar. I'd argue both instances
involve a bit of user error.
Larger items (i.e., a phone, keys) are going to withstand movement when the belt is flipped against
your body. If you're not taking a jumble of keys, you may want to make sure to use the hook attached
directly to the belt. Three of the pockets are comparatively shallower than the fourth, and are better
suited for bulkier items (phone, keys, heck, even a small wallet). If you're ONLY putting a plastic card
(e.g.,an ID or credit card) into the belt, there is a fourth pocket that's deeper than the other three that
ends on the belt's seam. Put your cards THERE. If you're not going to put cards/money into any holder
that will create friction, movement will cause those slippery plastic cards to move along the spandex
material. Even better, make sure the pocket you insert them in rests somewhere on your front (put the
logo on your back)- if they fall, they'll at least hit your leg. Or put your phone/keys to block them. Or....I
could go on. Read more
2 Comments
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No
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Great product with little care for larger devices
By KingNigel on March 17, 2015
Size: Large/32"-35"
Color: Black
Verified Purchase
I bought this belt so that I can go running with my Galaxy Note 4, Which is quite huge. In theory, it
does fit fine. The fit is very discouraging, though, because as you slide it in you'll probably press every
button on your device, including volume keys. That sucks because you have to adjust the volume after
the device is inserted. Now through my experience, once everything is on, you are good to go. I used
Runtastic during a run and tracking was fine. The belt stayed tight and at most times I didn't notice my
keys & phones were on, let alone the belt. I had a Bluetooth headset connected to my device during
the run which stayed paired under the material. As a guy, I felt funny putting it on (like underwear over
your shorts), but it's discrete once you adjust it and have a shirt on. Fit was accurate according to
sizing on Amazon. As far as sweat,the material handled it well and didn't aggravate my phone at all,
though I do have a case on it. Speaking of which, fit may be a bit better without case, But I tried it with
a case just to check. Probably wouldn't work with an otterbox or other bulky case. Honestly feel like
there should be a bigger design or one slot that is more welcoming to larger devices. Great product
overall and still highly recommended.
**UPDATE: Without a case, larger devices work quite nice. Changing review from 4 stars to 5.
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EX. 1, p. 9
EX. 2, p. 1
EX. 2, p. 2
USO0D691795S
(12) United States Design Patent (10) Patent N0.:

D0
(54)
(57)
WAIST BELT CARRIER
(76) Inventor:
Mia D0, Broom?eld, CO (US)
(**)
14 Years
Term:
(22) Filed:
LOC (9) Cl.
(52)
US. Cl.
USPC
FIG.
FIG.
FIG.
FIG.
................................................ .. 03-01
......................................................... ..
D3/226
Field of Classi?cation Search

USPC ........................ .. D3/224, 215, 221, 226, 228;
224/602-603, 587, 625, 219, 222, 267,

224/269, 660-661, 674, 676-677, 680,
224/682-683; D2/627-638; 383/6
See application ?le for complete search history.
(56)
References Cited
U.S. PATENT DOCUMENTS
3,977,452 A *
4,416,404 A
CLAIM
DESCRIPTION
Oct. 4, 2011
(51)
*9: Oct. 22, 2013
The ornamental design for a Waist belt carrier, as shoWn and

described.
(21) Appl.No.: 29/403,317
(58)
US D691,795 S
(45) Date of Patent:
8/1976 Wright ............................ .. 383/6
11/1983 Daniels
(Continued)
FOREIGN PATENT DOCUMENTS
1
2
3
4
is
is
is
is
a top perspective vieW of my Waist belt carrier.

a top plan vieW of my Waist belt carrier.
a bottom plan vieW of my Waist belt carrier.
a front elevation vieW of my Waist belt carrier.
FIG. 5 is a rear elevation vieW of my Waist belt carrier.

FIG. 6 is a left side elevation vieW of my Waist belt carrier.
FIG. 7 is a right side elevation vieW of my Waist belt carrier.

FIG. 8 is an interior front elevation vieW of my Waist belt
carrier, Wherein an interior rear elevation vieW is the same.
FIG. 9 is an interior right side elevation vieW of my Waist belt

carrier.
FIG. 10 is an interior left side elevation vieW of my Waist belt
carrier.
FIG. 11 is a top perspective vieW of a second embodiment of
my Waist belt carrier.
FIG. 12 is a top plan vieW of the second embodiment of my
Waist belt carrier.
FIG. 13 is a bottom plan vieW of the second embodiment of
FIG. 14 is a front elevation vieW of the second embodiment of
FIG. 15 is a rear elevation vieW of the second embodiment of
13/598,337, ?led Aug. 29, 2012 in the name of Mia D0, which is a
FIG. 16 is a left side elevation vieW of the second embodiment

of my Waist belt carrier.
FIG. 17 is a right side elevation vieW of the second embodi
ment of my Waist belt carrier.
FIG. 18 is an interior front elevation vieW of the second
embodiment of my Waist belt carrier, Wherein an interior rear
elevation vieW is the same.
FIG. 19 is an interior right side elevation vieW of the second
continuation ofU.S. Appl. No. 13,219,795, ?led Aug. 29, 2011 in the
embodiment Waist belt carrier; and,
name of Mia Do.
FIG. 20 is an interior left side elevation vieW of the second

embodiment Waist belt carrier.
WO
WO
84-01790 A1
99-63855 A1
5/1984
12/1999
OTHER PUBLICATIONS
Non-Final Of?ce Action dated Feb. 28, 2013 issued on US . Appl. No.
(Continued)
Primary Examiner * Catheri Oliver-Garcia
The dash and dot broken lines indicating logo and carried
items and/ or use are for purposes of illustration only and form
no part of the claimed design.
(74) Attorney, Agent, or Firm *Aileen LaW Oppedahl

Patent LaW Firm LLC
1 Claim, 8 Drawing Sheets
EX. 3, p. 1
US D691,795 S
Page 2
(56)
References Cited
OTHER PUBLICATIONS
International PCT/US2012/052880, entitled Bodyband Pouch,

U.S. PATENT DOCUMENTS
?led on Aug. 29, 2012 in the name of Mia Do, and published as W0
2013/033226 claiming priority fromU.S. Appl. No. 13,219,795, ?led
4,461,030
4,462,116
4,523,703
4,569,465
5,150,824
D334,471
D347,733
5,353,975
5,413,126
5,452,476
5,540,366
5,645,205
5,967,391
6,698,636
D610,799
7,735,682
D655,496
D672,138
2006/0196907
2008/0217369
2013/0048687
2013/0048695
7/1984
7/1984
6/1985
2/1986
9/1992
4/1993
6/1994
10/1994
5/1995
9/1995
7/1996
Knudsen ..................... .. 224/222
Aug. 29, 2011 in the name of Mia Do.
SanZone et al.
International Search Report and Written Opinion dated Feb. 1, 2013,
McKenna
issued on International PCT/US2012/052880, entitled Bodyband

Pouch, ?led on Aug. 29, 2012 in the name of Mia Do.
................... .. 224/ 676
OFarrell
Alvarez et al.
Miller
.......................... ..
A1
A1
A1
A1
*
*
D3/226
Libertucci
Revson
J enks
Pruitt
Sloot
Do
Do
Fit Fanny Pack, http://www.?tfannypack.com/, screen shot down

loaded Jun. 21, 2013.
http://hipssistercom/, website home page, downloaded Jun. 21, 2013,
hipS-sister, Inc., 3111 E. TahquitZ Canyon Way, Palm Springs, CA

92262.
D3/224
3/2012 Lamey et a1. ................ .. D3/215

12/2012 Hale ............................ .. D3/215
9/2006
9/2008
2/2013
2/2013
13/219,795, ?led Aug. 29, 2011 in the name of Mia D0, which is a
parent ofU.S. Appl. No. 13,598,337, ?led Aug. 29, 2012 in the name
of Mia Do.
Coomber .................... .. 224/ 677
7/1997 Kennedy
10/1999 Hunt
3/2004 Angus et a1.
3/2010 Masse .......................... ..
6/2010 Cassel et a1.
S
S
Non-Final Of?ce Action dated Oct. 10, 2012 issued on US . Appl. No.
Yerby et a1.
hipS-sister, Inc, shop, facebook, https://www.facebook.com/hips

sister/appi229725180402672, downloaded Jun. 24, 2013, hipS-sis
ter, Inc, 3111 E. TahquitZ Canyon Way, Palm Springs, CA 92262.
hipS-sister, Inc., m.facebook.com, screen shot, downloaded May 27,
2013, hipS-sister, Inc., 3111 E. TahquitZ Canyon Way, Palm Springs,

CA 92262.
* cited by examiner
EX. 3, p. 2
US. Patent
0a. 22, 2013
Sheet 1 of8
US D691,795 S
Fig. 1
EX. 3, p. 3
US. Patent
0a. 22, 2013
Sheet 2 of8
US D691,795 S
Fig 2
EX. 3, p. 4
US. Patent
0a. 22, 2013
Sheet 3 of8
US D691,795 S
EX. 3, p. 5
US. Patent
Oct. 22, 2013
Sheet 4 0f 8
US D691,795 S
Fig 9
Fig 1a
EX. 3, p. 6
US. Patent
0a. 22, 2013
Sheet 5 of8
US D691,795 S
Fig. 11
EX. 3, p. 7
US. Patent
0a. 22, 2013
Sheet 6 of8
US D691,795 S
EX. 3, p. 8
US. Patent
0a. 22, 2013
Sheet 7 of8
US D691,795 S
Fig 14
Fig '55
Fig 16
Fig 17
EX. 3, p. 9
US. Patent
0a. 22, 2013
Sheet 8 of8
US D691,795 S
EX. 3, p. 10
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EX. 5, p. 5
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EX. 8, p. 59
EX. 8, p. 60

JS 44 (Rev. 11/15) District of Colorado Form
CIVIL COVER SHEET
The JS 44 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, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
Level Terrain, LLC, a Colorado limited liability company
Amazon.com, Inc., a Delaware corporation, and

Amazon Technologies, Inc., a Nevada corporation
Broomfield
(b) County of Residence of First Listed Plaintiff
County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:
(c) Attorneys (Firm Name, Address, and Telephone Number)
(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (If Known)
Benjamin B. Lieb, John C. Heuton and Kendria E. Pearson

Sheridan Ross PC, 1560 Broadway, Suite 1200, Denver, CO
80202-5145
II. BASIS OF JURISDICTION (Place an X in One Box Only)

1
U.S. Government
Plaintiff
Federal Question
(U.S. Government Not a Party)
U.S. Government
Defendant
Diversity
(Indicate Citizenship of Parties in Item III)
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only)
PTF
Citizen of This State
1
DEF
1
and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State
Citizen of Another State
Incorporated and Principal Place

of Business In Another State
Citizen or Subject of a
Foreign Country
Foreign Nation
IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT
TORTS
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
PERSONAL INJURY
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
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education
FORFEITURE/PENALTY
PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement
625 Drug Related Seizure

of Property 21 USC 881
690 Other
BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark
LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609
IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions
OTHER STATUTES
375 False Claims Act
376 Qui Tam (31 USC
3729(a))
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes
V. ORIGIN (Place an X in One Box Only)

1 Original
Proceeding
2 Removed from
State Court
Remanded from
Appellate Court
4 Reinstated or
Reopened
5 Transferred from
Another District
(specify)
6 Multidistrict
Litigation
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. 1, et seq., 15 U.S.C. 1051, et seq.
VI. CAUSE OF ACTION Brief description of cause:
AP Docket
Design patent and trademark infringement
CHECK IF THIS IS A CLASS ACTION

VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE
CHECK YES only if demanded in complaint:

Yes
No
JURY DEMAND:
DEMAND $
DOCKET NUMBER
SIGNATURE OF ATTORNEY OF RECORD
s/ Benjamin B. Lieb
05/04/2016
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
Print
APPLYING IFP
Save As...
JUDGE
MAG. JUDGE
Reset

JS 44 Reverse (Rev. 11/15) District of Colorado Form
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)
(b)
(c)
Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II.
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III.
Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV.
Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V.
Origin. Place an "X" in one of the six boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service; OR "AP Docket."
VII.
Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
District
of Colorado
__________
District
of __________
LEVEL TERRAIN, LLC
Plaintiff(s)
v.
AMAZON.COM, INC., AND
AMAZON TECHNOLOGIES, INC.
Defendant(s)
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action No. 1:16-cv-01020
SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) Amazon.com, Inc.
c/o Corporation Service Company, Registered Agent
2711 Centerville Rd.
Suite 400
Willmington, DE 19808
A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Benjamin B. Lieb, John C. Heuton and Kendria E. Pearson
SHERIDAN ROSS P.C.
Denver, CO 80202
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)
I personally served the summons on the individual at (place)

on (date)
; or
I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
, and mailed a copy to the individuals last known address; or
I served the summons on (name of individual)
, who is
designated by law to accept service of process on behalf of (name of organization)

on (date)
; or
I returned the summons unexecuted because
; or
Other (specify):
.
My fees are $
for travel and $
for services, for a total of $
0.00
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:
Print
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AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
District
of Colorado
__________
District
of __________
LEVEL TERRAIN, LLC
Plaintiff(s)
v.
AMAZON.COM, INC., AND
AMAZON TECHNOLOGIES, INC.
Defendant(s)
)
)
)
)
)
)
)
)
)
)
)
)
SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) Amazon Technologies, Inc.
c/o CSC Services of Nevada, Inc., Registered Agent
2215-B Renaissance Dr.
Las Vegas, NV 89119
A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Benjamin B. Lieb, John C. Heuton and Kendria E. Pearson
SHERIDAN ROSS P.C.
Denver, CO 80202
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)
I personally served the summons on the individual at (place)

on (date)
; or
I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
, and mailed a copy to the individuals last known address; or
I served the summons on (name of individual)
, who is
designated by law to accept service of process on behalf of (name of organization)

on (date)
; or
I returned the summons unexecuted because
; or
Other (specify):
.
My fees are $
for travel and $
for services, for a total of $
0.00
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:
Print
Save As...
Reset

Level Terrain v. Amazon - Complaint

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Case 1:16-cv-01020 Document 1 Filed 05/04/16 USDC Colorado Page 1 of 21

IN THE UNITED STATES DISTRICT COURT

COMPLAINT WITH JURY DEMAND

business 8810 West 116th Circle, Unit A, Broomfield, Colorado 80021.

Amazon.com, Inc., which does business in Colorado as Amazon Technologies,

Amazon Technologies, Inc. is a Nevada corporation with a principal place of

Case 1:16-cv-01020 Document 1 Filed 05/04/16 USDC Colorado Page 2 of 21

JURISDICTION AND VENUE

patent infringement, trademark infringement, and unfair competition pursuant to 15 U.S.C.

Case 1:16-cv-01020 Document 1 Filed 05/04/16 USDC Colorado Page 3 of 21

Level Terrain And Its Design Patent And Trademark

FLIPBELT trademark since at least March 15, 2012.

Case 1:16-cv-01020 Document 1 Filed 05/04/16 USDC Colorado Page 4 of 21

Level Terrain's FLIPBELT fitness belts have been recognized by numerous

By virtue of its continuous, extensive use and promotion of the FLIPBELT

The '574 Registration constitutes prima facie evidence of Level Terrain's

Case 1:16-cv-01020 Document 1 Filed 05/04/16 USDC Colorado Page 5 of 21

Amazon And Its E-Commerce Website

Amazon's www.amazon.com website is available throughout the United States,

and is accessible to and used by e-commerce shoppers in Colorado.

Amazon's www.amazon.com website includes a search engine function that is

managed and controlled by Amazon.

Case 1:16-cv-01020 Document 1 Filed 05/04/16 USDC Colorado Page 6 of 21

trademarks, in the product listings on www.amazon.com.

Amazon also has the technical

Case 1:16-cv-01020 Document 1 Filed 05/04/16 USDC Colorado Page 7 of 21

Amazon's Infringement Of Level Terrain's FLIPBELT Trademark

The search engine at Amazon's www.amazon.com website allows visitors to the

On information and belief, the results generated by Amazon's search engine

Case 1:16-cv-01020 Document 1 Filed 05/04/16 USDC Colorado Page 8 of 21

Visitors to Amazon's www.amazon.com website interested in purchasing a

Amazon is also using Level Terrain's FLIPBELT trademark in its advertising,

These unauthorized uses of Level Terrain's FLIPBELT trademark by Amazon

Case 1:16-cv-01020 Document 1 Filed 05/04/16 USDC Colorado Page 9 of 21

ASIN: B015HQ85O4 by RooCoo Athletics for "Flipbelt"

ASIN: B00SUQH590 by Blue-1one for "Fit Belt"

ASIN: B013TQFP0Q by FitBelt for "FitBelt"

ASIN: B01E8DI5J2 by Funfitness for "Funbelt"

The above-identified use of similar or identical trademarks or terms for competing

Amazon's www.amazon.com website with Amazon's knowledge, consent, and encouragement.

Case 1:16-cv-01020 Document 1 Filed 05/04/16 USDC Colorado Page 10 of 21

party sellers on www.amazon.com. As a result, consumers have mistakenly purchased products

Amazon's Infringement Of Level Terrain's 'D795 Patent

Case 1:16-cv-01020 Document 1 Filed 05/04/16 USDC Colorado Page 11 of 21

The above-identified sellers list the foregoing infringing products on Amazon's

www.amazon.com website with Amazon's knowledge, consent, and encouragement.

Level Terrain's Numerous Demands To Amazon To Cease Its Infringement

On numerous occasions Level Terrain has complained to Amazon concerning the

Case 1:16-cv-01020 Document 1 Filed 05/04/16 USDC Colorado Page 12 of 21

Further, Amazon has

Despite receiving numerous complaints from Level Terrain, Amazon has

Case 1:16-cv-01020 Document 1 Filed 05/04/16 USDC Colorado Page 13 of 21

contained in paragraphs 1 through 49 above.

Amazon induces direct infringement of the 'D795 Patent by encouraging third

Case 1:16-cv-01020 Document 1 Filed 05/04/16 USDC Colorado Page 14 of 21

infringement of the 'D795 Patent in amount to be proven at trial.

The willful and intentional nature of Amazon's infringement entitles Level

contained in paragraphs 1 through 56 above.

trademark as indicated by its '574 Registration.

Case 1:16-cv-01020 Document 1 Filed 05/04/16 USDC Colorado Page 15 of 21

in commerce of a reproduction, counterfeit, copy of colorable imitation of registered trademarks,

Amazon's acts have been without consent from Level Terrain.

enriched, entitling Level Terrain to an accounting and disgorgement of Amazon's profits.

contained in paragraph 1 through 64 above.