Lifesaving Systems v. Aerial Machine & Tool - Complaint

Case 8:16-cv-03014-CEH-AEP Document 1 Filed 10/25/16 Page 1 of 12 PageID 1
UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
LIFESAVING SYSTEMS CORPORATION,
a Florida corporation
Plaintiff,
vs.
CASE NO. _______________
AERIAL MACHINE & TOOL CORPORATION,

a/k/a CAPEWELL AERIAL SYSTEMS LLC,
a Virginia corporation,
Defendant.
INJUNCTIVE
RELIEF SOUGHT
_____________________________________/
COMPLAINT FOR TRADE DRESS INFRINGEMENT,
FALSE DESIGNATION OF ORIGIN, AND
COMMON LAW UNFAIR COMPETITION
Plaintiff, LIFESAVING SYSTEMS CORPORATION brings this action against
Defendant AERIAL MACHINE AND TOOL CORPORATION aka CAPEWELL AERIAL
SYSTEMS LLC for trade dress infringement, false designation of origin and common law
unfair competition and alleges:
INTRODUCTION
Nature of Action
1.
This is an action for trade dress infringement and false designation of origin
under the Lanham Act, 15 U.S.C. 1051 et seq. and unfair competition at
common law.
2.
Specifically, AERIAL MACHINE & TOOL CORPORATION aka CAPEWELL AERIAL

SYSTEMS LLC, has slavishly copied LIFESAVING SYSTEMS CORPORATIONs
distinctive trade dress embodied in D-LOK Helicopter Hoist Hook configuration as

depicted in Exhibit 1 hereto.
Parties
3.
LIFESAVING SYSTEMS CORPORATION, hereinafter Plaintiff, is a Florida

corporation having a place of business at 220 Elsberry Road, Apollo Beach, FL
33572.
4.
Upon information and belief, AERIAL MACHINE & TOOL CORPORATION aka
CAPEWELL AERIAL SYSTEMS LLC, hereinafter Defendant, is a Virginia
corporation having a place of business at 4298 Jeb Stuart Hwy, Meadows of Dan,
VA 24120.
JURISDICTION AND VENUE
5.
This Court has jurisdiction over the subject matter of this action pursuant to 28
U.S.C. 1331 AND 28 U.S.C. 1338, 15 U.S.C. 1121 and 15 U.S.C. 1125. The
Court has supplemental jurisdiction over the common law claim under 28 U.S.C.
1367(a).
6.
Venue is proper in this District pursuant to 28 U.S.C. 1391.

BACKGROUND FACTS
7.
Plaintiff initiates this action to enjoin Defendants infringement of Plaintiffs

distinctive trade dress as well as to enjoin Defendants acts of false designation
of origin and unfair competition.
8.
Plaintiff has served the worlds Search & Rescue (SAR) responders within the
Aviation and Marine sectors for over 35 years specializing in rescue, safety, and
survival equipment for SAR responders, industry professionals and operators

working in the maritime and aviation environments.
9.
Plaintiffs customers include all branches of the United States Military, foreign
militaries, police and fire departments worldwide, and both international and
domestic civilian helicopter operators and rescue agencies.
10.
From personal protective equipment, such as US Coast Guard approved life

jackets, to technical helicopter rescue devices, Plaintiff has become the one-stopsource for SAR, safety, and survival equipment requirements and maintains an
extensive inventory of new equipment to promptly meet customer requirements.
11.
Plaintiff has been uniquely positioned with design and manufacturing capabilities
as well as distributing other top manufacturers products, and in-house design
and manufacturing capabilities permit Plaintiff to accommodate special end-user
requirements from a simple modification to an existing product or the start a
new development project.
12.
Plaintiffs distinctive D-LOK Hoist Hook incorporates a dual-lock latch

gate for enhanced safety and security to prevent accidental openings
while allowing the latch gate to be operated quickly and easily with
one hand.
13.
In addition, Plaintiffs distinctive D-LOK Hoist Hook eliminates

problems associated with existing rescue hooks.
14.
In 1998, Samuel G. Maness, founder and owner of Plaintiff, obtained United

States Patent Des. 389,983 (983 Design Patent) for a dual or double lock rescue
hook. (Exhibit 2 hereto.)
15.
The 983 Design Patent depicted a new, original and ornamental design for a
rescue hoist hook.
16.
Since issuance of the 983 Design Patent, Plaintiff has been the exclusive source
of the unique hoist hook design of the 983 Design Patent.
17.
Plaintiff adopted and has used the common law trademark D-LOK Hoist Hook
since introduction of the original and ornamental configuration.
18.
Plaintiffs distinctive D-LOK Hoist Hook has been advertised and prominently
displayed at trade shows, in Plaintiffs catalog, and on Plaintiffs website since its
initial introduction into the market in Spring of 1996.
19.
As a result of the continuous and exclusive marketing and sale of the patented
design, Plaintiff has become recognized by the industry and customers as the
sole source of the distinctive D-LOK Hoist Hook. Thus, the distinctive design of
the D-LOK Hoist Hook has become the trade identifier or trade dress for
Plaintiffs D-LOK Hoist Hook.
20.
Plaintiffs distinctive D-LOK Hoist Hook trade dress is not functional.
21.
Plaintiffs distinctive D-LOK Hoist Hook trade dress has acquired secondary
meaning as a result of extensive promotion and sale of the D-LOK Hoist Hook
design.
22.
In direct competition with Plaintiff, Defendant markets two (2) helicopter rescue
hooks found on Defendants website (Composite Exhibit 3 hereto).
23.
Defendant claims these helicopter rescue hooks are manufactured under United
States Patent 6,363,589 issued April 2, 2002 and United States Patent Des.
626,908 issued November 9, 2010 (Exhibits 4 and 5 hereto).
24.
Neither of these two (2) rescue hook designs infringe Plaintiffs trade dress.
25.
Despite the fact that Defendant has sold Defendants patented non-infringing
rescue hooks over an extended period, Defendant chose to exhibit a locking
hoisting hook slavishly imitating the distinctive trade dress of Plaintiffs D-LOK
Hoist Hook at the Helicopter Association International Trade Show on March 1st3rd, 2016, as depicted in Exhibit 6 hereto.
26.
Defendant has since published news releases of Defendants imitation of

Plaintiffs distinctive trade dress in at least two (2) industry on-line magazines:
Vertical Magazine and Soldier Systems. (Exhibit 7 and Exhibit 8 hereto).

27.
These news releases state that Defendant . . . is now accepting orders for the
new Double-LOK hook and will begin shipping to customers during the fourth
quarter of 2016.
28.
As side-by-side comparison of Plaintiffs D-LOK Hoist Hook and Defendants

Double-LOK Rescue Hook demonstrates the blatant infringement by Defendant
(Composite Exhibit 9 hereto).
29.
Upon information and belief, the use of the name Double-LOK Rescue Hook
further adds to the confusion of the existing trade dress infringement.
30.
Upon information and belief, Defendants description of Defendants Double-LOK

Rescue Hook in Defendants press release stating Defendant has introduced . .
. is designed . . . and is engineered . . . falsely represents that the design
is new and original to Defendant.
31.
Upon information and belief, Defendant is aware that Plaintiffs D-LOK Hoist
Hook has been marketed exclusively by Plaintiff.
32.
Plaintiff has never, either directly or indirectly, granted Defendant permission to

use Plaintiffs trade dress embodied in Plaintiffs distinctive D-LOK Hoist Hook
trade dress.
33.
Upon information and belief, Defendants use of Plaintiffs distinctive trade dress
that has come to identify Plaintiffs distinctive D-LOK Hoist Hook is likely to
cause confusion or to cause mistake or to deceive persons into the erroneous
belief that Defendant is licensed by, authorized by, endorsed by, sponsored by,
or are otherwise connected in some way with Plaintiff.
34.
Indeed, at least one of Plaintiffs existing customers expressed confusion as to

the source of Defendants slavishly copied rescue hoist shown at the Helicopter
Association International Trade Show in the belief Plaintiff was the source of the
Defendants helicopter hoist hook exhibited at the trade show.
35.
Following the Helicopter Association International Trade Show, Plaintiff has

received several inquiries regarding the availability of the rescue hook imitating
Plaintiffs D-LOK Hoist Hook trade dress ostensibly thinking the origin of the
Double-LOK Rescue Hook offered by Defendant came from Plaintiff, either
directly or indirectly.
36.
Upon information and belief, Defendants infringement of Plaintiffs distinctive

trade dress that has come to identify the D-LOK Hoist Hook was deliberate and
intentional and designed to create confusion and mistake and to deceive persons
into the erroneous belief that Defendant is licensed by, authorized by, endorsed
by, sponsored by, or are otherwise connected in some way with Plaintiff.
37.
Upon information and belief, Defendants use of Plaintiffs distinctive trade dress
that has come to identify Plaintiffs D-LOK Hoist Hook constitutes false
descriptions and representations to the effect that Defendants Double-LOK
Rescue Hook is licensed by, authorized by, endorsed by, sponsored by, or are
otherwise connected in some way with Plaintiff.
38.
Upon information and belief, Plaintiff is or is likely to be damaged by Defendants

use of said false descriptions and representations in that customers are likely to
believe Defendant is licensed by, authorized by, endorsed by, sponsored by, or
are otherwise connected in some way with Plaintiff.
39.
Defendant has used the distinctive trade dress design that has come to identify
Plaintiffs D-LOK Hoist Hook without Plaintiffs license, authorization or
permission.
40.
Upon information and belief, the act and conduct of Defendant complained of
herein has damaged Plaintiff and, unless restrained, will impair the value of
Plaintiffs distinctive trade dress design and the goodwill represented thereby.
Plaintiff has no adequate remedy at law and would be irreparably harmed
without injunctive relief.
COUNT I
Trade Dress Infringement
41.
Plaintiff repeats and realleges each and every allegation of Paragraphs 1 through
39 as though fully set forth herein.
42.
This Count is for trade dress infringement of Plaintiffs distinctive helicopter

rescue hook known as D-LOK Hoist Hook.
43.
Since at least as early as 1996, Plaintiff has been the exclusive source of a
locking hoist hook marketed and sold under the common law trademark D-LOK
Hoist Hook.
44.
For over fifteen (15) years, Plaintiff has continuously and exclusively marketed
and sold of the distinctive D-LOC Hoist Hook.
45.
Through this extensive use, Plaintiff has established common law trade dress in
the D-LOK Hoist Hook.
46.
Through the continuous and exclusive marketing and sale of the distinctive DLOK Hoist Hook including displays at trade shows, in Plaintiffs catalog, and on
Plaintiffs website the distinctive D-LOK Hoist Hook trade dress has acquired
secondary meaning.
47.
Plaintiffs distinctive D-LOK Hoist Hook trade dress is not functional.
48.
Defendant has used Plaintiffs distinctive D-LOK Hoist Hook trade dress without
license or authorization from Plaintiff.
49.
Upon information and belief, Defendants use of Plaintiffs distinctive D-LOK

Hoist Hook trade dress without license or authorization from Plaintiff has caused
and will cause the likelihood of confusion, deception and mistake, in that
customers will conclude the Defendant is authorized, sponsored, approved, or
associated with Plaintiff.
50.
Upon information and belief, by such wrongful acts, Defendant has and, unless
restrained by the Court, will continue to cause serious irreparable injury and
damage to Plaintiff and to the goodwill associated with Plaintiffs distinctive DLOK Hoist Hook trade dress.
51.

COUNT II
False Designation of Origin
52.
39 and 43 through 49 as though fully set forth herein.
53.
This Count is for false designation of origin.
54.
Upon information and belief, Defendants imitation of Plaintiffs distinctive D-LOK

Hoist Hook trade dress is likely to create confusion and mistake and to deceive
the relevant public into the erroneous belief that Defendant is authorized,
endorsed, sponsored by or emanates from Plaintiff.
55.
Upon information and belief, by such wrongful act, Defendant has and, unless
restrained by the Court, will continue to cause serious irreparable injury and
damage to Plaintiff and to the goodwill associated with Plaintiffs distinctive DLOK Hoist Hook.
56.

COUNT III
Common Law Unfair Competition
57.
39, 43 through 49, 54 and 55 as though fully set forth herein.
58.
Upon information and belief, Defendant is passing off their Double-LOK Hook as
the distinctive trade dress manufactured and sold by Plaintiff as the D-LOK
Hoist Hook.
59.
Upon information and belief, Defendants practices constitute common law unfair
competition.
60.

WHEREFORE, Plaintiff demands judgment in Plaintiffs favor and against
Defendant as follows:
A.
Enjoining Defendant and franchisees, licensees, agents, servants, employees,

attorneys, representatives, successors and assigns, and all persons, entities,
firms or partnerships in active concert or participation with Defendant during the
pendency of this action, preliminarily and permanently enjoined from:
1. Directly or indirectly infringing Plaintiffs distinctive trade dress in any
manner;
2. Direct Defendant to account to Plaintiff for any and all profits derived by
Defendant from Plaintiffs trade dress;
3. Award Plaintiff a monetary judgment against Defendant for Plaintiffs
damages from Defendants infringement of Plaintiffs trade dress; and
4. Award Plaintiff reasonable attorney fees, costs and disbursements incurred
herein in view of Defendants intentional and willful infringement of Plaintiffs
trade dress.
B.

10
1.
Falsely designating the origin of Defendants infringing rescue hoist hook by

using Plaintiffs trade dress;
2. Direct Defendant to account to Plaintiff for any and all profits derived by
Defendant from the sale of goods bearing the distinctive trade dress of
Plaintiff;
3. Award Plaintiff a monetary judgment against Defendant for Plaintiffs
damages and Defendants profits;
4. Treble the amount of such award on account of Defendants willful,
intentional, and bad faith conduct; and
5. Award Plaintiff reasonable attorney fees, costs and disbursements incurred
herein in view of Defendants intentional and willful false designation.
C.

1. Unfairly competing with Plaintiff by using Plaintiffs distinctive trade dress;
2. That Defendant be required to pay to Plaintiff such actual damages as
Plaintiff has sustained as a result of Defendants unfair competition;
3. That Defendant be required to account for and disgorge to Plaintiff, all gains,
profits, and advantages derived by Defendants unfair competition; and
4. That Defendant be required to pay Plaintiff punitive damages due to
Defendants willful unfair competition.
11
D.
Defendant be ordered to cancel all advertisements in media distributed in the

United States, and to cease distribution in the United States of all other materials
incorporating or reproducing facsimiles of Plaintiff's D-LOK Hoist Hook trade
dress.
E.
Defendant be required to recall from distribution and surrender for destruction all
products, order forms, price lists, labels, advertisements, and other materials
located in the United States or intended for distribution in the United States that
incorporate or reproduce facsimiles of Plaintiff's D-LOK Hoist Hook trade dress.
F.
Plaintiff be granted such further relief as the Court deems just.
..
/s/ ARTHUR W. FISHER, III
Florida Bar No. 133689
PO Drawer 1219
Dunnellon, Florida 34430-1219
(813) 885-2006 (P)
(813) 888-6275 (F)
mail@tampaiplaw.com
12
JS 44 (Rev. 11/15)
Case 8:16-cv-03014-CEH-AEP Document 1-1 Filed 10/25/16 Page 1 of 1 PageID 13
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 INSTRUC710NS ON NEXT PAGE OF THIS FORM.)
I.
(a)
PLAINTIFFS
DEFENDANTS
AERIAL MACHINE & TOOL CORPORATION a/k/a CAPEWELL

AERIAL SYSTEMS LLC, a Virginia corporation
LIPE:SAVING SYSTEMS CORPORATION, a Florida corporation
_H_i_lls_b_o_r_o_u~g~h_____
(b) County of Residence ofFirst Listed Plaintiff
County of Residence ofFirst Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:
(C)
(352) 465-0930
II. BASIS OF JURISDICTION (P/acean "X"inOneBoxOnly)

0 I
0 2
U.S. Government
Plaintiff
~3
U.S. Government
Defendant
0 4
(For Diversity Cases Only)
Diversity
(Indicate Citizenship of Parties in Item Ill)
, .,
CONTRACT
0 I IO Insurance
..,.
TORTS
0 310 Airplane
0 315 Airplane Product
2 IO Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectrnent
240 Torts to Land
245 Tort Product Liability
0 290 All Other Real Property
CIVIL RIGHTS
D
D
D
D
Citizen of This State
Incorporated or Principal Place

of Business In This State
Citizen of Another State
0 2
Citizen or Subject of a
Forei m Coun
0 3
FORFEITURE/PENALTY
PERSONAL INJURY
0
D 625 Drug Related Seizure

of Property 21 USC 88 I
Product Liability
0 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
D 368 Asbestos Personal
Injury Product
Liability
PTF
O 4
DEF
0 4
Incorporated and Principal Place

of Business In Another State
0 5
Foreign Nation
0 6
D 370 Other Fraud

D 371 Truth in Lending
D 380 Other Personal
I.A811K
D 740
D 751
Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
D 463 Alien Detainee
D 5 IO Motions to Vacate
440
441
442
443
28
Other Civil Rights

Voting
Employment
Housing/
Sentence
Accommodations
D 530 General
D 445 Amer. w/Disabilities - D 535 Death Penalty
Employment
Other:
D 446 Amer. w/Disabilities - D 540 Mandamus & Other
D 550 Civil Rights
Other
D 448 Education
D 555 Prison Condition
D 560 Civil Detainee Conditions of
Confinement
use 157
PROPERTYRIGHTS
D 820 Copyrights
D 830 Patent
~ 840 Trademark
D 720
D 385 Property Damage
BANKRUPTCY
0 422 Appeal 28 USC 158
0 423 Withdrawal
D 690 Other
' ' II
PERSONAL PROPERTY D 710 Fair Labor Standards
Medical Malpractice
REALPROPERTY
DEF
0 365 Personal Injury ~
0 140 Negotiable Instrument

Liability
0 150 Recovery of Overpayment D 320 Assault, Libel &
& Enforcement of Judgment
Slander
D 151 Medicare Act
D 330 Federal Employers'
D 152 Recovery of Defaulted
Liability
D 340 Marine
Student Loans
(Excludes Veterans)
D 345 Marine Product
D 153 Recovery of Overpayment
Liability
of Veteran's Benefits
D 350 Motor Vehicle
D 160 Stockholders' Suits
D 355 Motor Vehicle
D 190 Other Contract
Product Liability
D 195 Contract Product Liability D 360 Other Personal
D 196 Franchise
Injury
D 362 Personal Injury I
D
0
0
0
0
and One Box for Defendant)
PTF
O I
"X" in One Box Only)
PERSONAL INJURY
0 120 Marine
0 130 Miller Act
Ill. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plaintiff
Federal Question
(U.S. Government Not a Party)
IV. NATURE OF SUIT (Place an

k,
fN LAND CONDEMNATION CASES, USE THE LOCATION OF

THE TRACT OF LAND fNVOL YEO.
Attorneys (If Known)
Attorneys (Firm Name, Address, and Telephone Number)
Arthur W. Fisher, Ill

PO Drawer 1219
Dunnellon, FL 34430-1219
_P_a_tr_ic_k_____ ___
(IN U.S. PLAIN71FF CASES ONLY)
D 790
D 79 I
Act
Labor/Management
Relations
Railway Labor Act
Family and Medical
Leave Act
Other Labor Litigation
Employee Retirement
Income Security Act
0
D
0
D
D
86 I
862
863
864
865
lA l ""''
0
D
D
D
D
D
IRITY
HIA ( 1395ft)
Black Lung (923)
DIWC/DIWW (405(g))
SSJD Title XVI
RSI (405(g))
FEDERAL TAX SUITS

D 870 Taxes (U.S. Plaintiff
or Defendant)
D 871 rRS-Third Party
26 USC 7609
OTHER STAtllTES
0 375 False Claims Act

0 376 Qui Tam (31 USC
D
D
D
D
D
D
D
D
D
IMMIGRATION
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 oflnformation
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes
D 462 Naturalization Application

D 465 Other Immigration
Actions
V, ORIGIN (Place an "X" in One Box Only)

i:1( I Original
Proceeding
O 2 Removed from
State Court
Remanded from
Appellate Court
0 4 Reinstated or
Reopened
0 5 Transferred from
Another District
0 6 Multidistrict
Litigation
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
15 U.S.C. Sec 1051 et.seq.
VI. CAUSE OF ACTION 1 - - - - - - - - - - ' - - - - - - - - - - - - - - - - - - - - - - - - - - Brief description of cause:
trade dress infringement and false designation of origin together with unfair competition under common law
VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
RECEIPT#
0 CHECK IF THIS IS A CLASS ACTION
AMOUNT
DEMAND$
CHECK YES only if demanded in complaint:

0 Yes
O No
JURY DEMAND:
UNDER RULE 23, F.R.Cv.P.

(See instructions):
DOCKET NUMBER
APPL YING fFP
JUDGE
MAG . JUDGE
EXHIBIT 1
Plaintiffs D-LOK Hoist Hook
EXHIBIT 2
US Patent No. Des. 389,983
111111111111111
l1StX)D389983S
United States Patent
1191
Maness
[llJ
[45J
[541
LOCKING HOIST HOOK
[76]
Inventor:
Samuel G. Maness. 6423 Rubia Cir,

Apollo Beach, Aa. 33572
[**)
Term:
14 \'ears
[21]
Appl. No.: 66,935
{22]
Filed:
[51]
[52]
(58]
LOC (6) (,1. ...................................................... 12-fS

U.S. ct .............................................. D34135; D81367
Field of ~arch ...................... DS/382, .167; D34135;
294/82. I. 82. l L 82.2. 82.22
Patent Number:
"
Date of Patent:
Des. 389,983
**Jan. 27. 1998
Primar; Examiner-Holly Baynham

Attorney. Agent, or Firm-C Douglas McDonald. Jr. &
Assoc:iates P.A.
[57]
CLAIM
The ornamental design for a locking hoist hook. as shown
and <h:scribed.
Feb. 19, 1997
(56J
U.S. PiITE.."lT IXX'lTME.'ffS
IJ. 209.917
D. 297.377
1/1968 Ld~ ....................................... D81367

9/1988 Bergstrom ............................ D!l/3.82 X
DESCRIPTION
FIG. J is an i&emetric view of the lodting hoist hook of this
invention;
f-lG. ;! is a front elevation view thereof;
FIG. ~I is a rear elevation viev. thereof;
HG. 4 is a left SJde elevation view thereof:
FIG. S is a right elrvation view thereof;
rlG. ti is a top plan view thereof. and,
FIG. 7 is a oottom plan view thereof
The broken line showing of a round boss is tor illustrative
purposes only and forms no part of the daimed design.
I Claim, 3 l)rawing Shttts
U.S. Patent
Jan. 27~ 1998
Sheet 1 of 3
Des. 389,983
/"---......,
~'---/'
I
Fig. 1
U.S. Patent
Jan. 27, 1998
Sheet 2 of 3
Des. 389,983
U.S. Patent
Jan. 27, 1998
Sh~~t 3 of 3
Des. 389,983
Fig. 5
Fig. 4
Fig. 6
Fig. 7 --
COMPOSITE EXHIBIT 3
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SEARCH & RESCUE EQUIPMENT

AERIAL makes all of the basic equipment needed for hoist rescue operations including operator restraints, leg slings, an
swimmer restraints. AERIAL'S patented helicopter rescue hook is the world standard for both civilian and military search
and rescue operations.
Human Extraction and Lifting Device (HELD)

AMTC-S1374-BL
The Human Extraction and Lifting Device (HELD) is a modular rescue device designed for
use with hoist equipped or short-haul capable aircraft. The design allows the device to cinch
around the chest of a survivor providing a secure means of rescue or extraction and can be
placed on a survivor in a closed or open configuration.
IMliiffltl
Spider
AMTC-S1378-BL
The Six Person Spider Extraction Device is designed to safely and efficiently move up to six
rescuers or appropriately packaged survivors over a short distance using short-haul
techniques with a medium to large helicopter. This technique reduces flight time and risk by
eliminating excessive movements to and from a hazardous location
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Chameleon Rescue Harness
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AMTC-H1037-BLJM or Lor XL
FAA TS0-C167 APPROVED! Chameleon Tactical Rescue Harness is designed with multimission forces in mind. A modular man mounted system that can be easily modified in the
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IMIIMII
Auto-Lok Rescue Hook
AMTC-R2046 & AMTC-2047 w/swivel
The new Aerial Auto-Lok Hook is an innovative design, which provides a hoisting hook that
is always locked for added safety.
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Helicopter Rescue Hook
MS18027-2 (w/o swivel) & MS18027-2A (w/ swivel)
This hook is the time tested US military rescue hook. It is constructed of tough, forged
stainless steel and incorporates a main hook, smaller utility hook, and eye for the
attachment of trail/tag lines or chemlite clip. Weight: 1.17 lbs.
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Helicopter Hoist Static Discharge Cable

AMTC-M2004
The static discharge cable is designed to discharge static electricity from the hoist hook prior
to contact with the surface.
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USAR
AMTC-K1074-BL
The Aerial Urban Search and Rescue System (USAR) is cutting edge personal protective
equipment. It consists of four major sub-assemblies integrated into a modular manmounted system that can be easily modified in the field for changing mission requirements.
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Slide-Lok Rescue Hook with Swivel
AMTC-R2023
Our patented helicopter rescue hook with "Slide-Lok" release is durable and dependable and
exceeds US military specs.
ltMiffill
Chemlite Attachment Strap
AMTC-Sl418-GN
Strap is used for attaching lightsticks to rescue hooks or other devices during night
operations. Hardware is corrosion resistant.
lt+iMMII
Slide-Lok Rescue Hook w/o Swivel
AMTC-R2028
Our patented helicopter rescue hook with "Slide-Lok" release is durable and dependable.and
exceeds military specs.
llMHMtl
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Auto-Lok Rescue Hook

Part Number: AMTCR2046 & AMTC-2047 w/swivel
The Auto-Lok is manufactured from forged stainless steel. The design incorporates easy-to-use triggers on each side of the hook gate. These triggers
are easily depressed by a rescuer in a gloved hand, or by an untrained survivor to open the latch. The Auto-Lok ,s also designed to prevent dynamic
roll-out at all times. Weight: 1.48 lbs
PN: AMTC-R2046 & AMTC-2047 w/swivel
US Patent #D626,908 S
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Capewell Aerial
Systems
Case
8:16-cv-03014-CEH-AEP
CATALOG HOME
PRODUCT CATEGORIES
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MffilJ(atalog > ,.search aocLRescue Equipment> Slide-Lok Rescue Hook with Swivel
Slide-Lok Rescue Hook with Swivel

Part Number: AMTC-R2023
The Slide-Lok Helicopter Rescue Hook is compatible with all helicopter rescue hoists. 'orged from stainless steel, the "Slide-Lok" hook has a working
load limit of 3,000 lbs. and exceeds military specifications for rescue hooks. The patented "Slide-Lok" mechanism prevents accidental opening and is
easily operated with one hand. Its streamlined design eliminates snag hazards and its large bail accommodates multiple nngs of different sizes.
Designed to be operated safely in the locked or unlocked postion. When in the locked position, dynamic roll-out ,s prevented. Not for human cargo.
This is the hook of choice for the U.S. Coast Guard and U.S. Army Special Operations Weight: 1.46 lbs.
United States Patent #6,363,589
PN: AMTC-R2023
Contact AERIAL for pricing and availability. Also located on GSA Advantage.
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Main cata)Qg > ~Search and Rescue Equipment> Slide-Lok Rescue Hook w/o Swivel
Slide-Lok Rescue Hook w/o Swivel

Part Number: AMTC-R2028
The Slide-Lok Helicopter Rescue Hook is compatible with all helicopter rescue hoists. Forged from stainless steel, the "Slide-Lok" hook has a working
load limit of 3,000 lbs. and exceeds military specifications for rescue hooks. The patented "Slide-Lok" mechanism prevents accidental opening and is
easily operated with one hand. Its streamlined design eliminates snag hazards and its large bail accommodates multiple rings of different sizes.
Designed to be operated safely in the locked or unlocked postion. When in the lockec position, dynamic roll-out is prevented.
This is the hook of choice for the U.S. Coast Guard and U.S. Army Special Operations. Weight: 1.46 lbs.
United States Patent #6,363,589
PN: AMTC-R2028
Contact AERIAL for pricing and availability.
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Copyright 2016 capewell Aerial Systems
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EXHIBIT 4
US Patent No. 6,363,589
EXHIBIT 5
US Patent No. Des. 626,908
EXHIBIT 6
Defendant's Double-Lok Rescue Hook
EXHIBIT 7
Plaintiff News Release

Vertical Magazine
e 8:16-cv-03014-CEH-AEP Document 1-8 Filed 10/25/16 Page 2 of 5 PageID
CapewellAerialstems Doule Lok

RescueHookdoulessafetandvisiilit
Postedoneptemer15 2016 CapewellAerialstemsPressRelease
),
CapewellAerialstems CA aworldleaderin
aviationsafetproductsandatop tiermanufacturer
ofhelicopterrescuehooks hasintroducedafail
safelockingrescuehook
TheDoule LokHookisdesignedtoprevent
accidentalopeningwhichcanleadto rollouts
resultinginloadloss Inaddition CA Doule Lok
hookisavailaleinHi Vizellowtoincreasevisiilit
inallweatherconditionsandunderwater
TheDoule Lokfeatureisengineeredforeaseof
use Thetwolocksafetgateisintuitiveandcan
eoperatedeasilwithonehandevenwithgloves
on Thehookodisforgedfrom17 4PH heat
treatedstainlesssteelandisratedwithaworking
loadof3 000pounds

The
TheDoule LokHookisdesignedtopreventaccidentalopeningwhichcan
leadto rollouts resultinginloadloss CapewellAerialstemsPhoto
Advertisement
Doule Lokhookisavailaleineitherasatin
visiilitellownishwithcontrastingorangelock
stainlesssteel nishorapowder coatedhigh
release Intests thenewneonpaintschemewas
greatlpreferredsearch and rescue

professionalswhooftenoperateinhighstress
conditionswherespatialandsituationalawareness
iscritical
Advertisement
CapewellusinesslinemanagerutchFlthe
himselfaretiredUnitedtatesCoastGuardMaster
cerandrescueswimmer,said:
ChiefPettO
Capewellhasalwasmadetheestrescuehooks
andthenewDoule LokHookputsusevenfarther
ahead It sastepuphavingmoreoptionsand
increasedvisiilit
FeedackonthenewHi Vizpaintschemehaseen
sopositivethatCAhasdecidedtomakeit
availaleforitsentirelineofhooksincludingthe
lide LokandAuto Lokmodels
CapewellAerialstemsisnowacceptingordersfor
thenewDoule Lokhookandwilleginshippingto
customersduringthefourthquarterof2016
LAVARPLY
EXHIBIT 8
Plaintiff News Release

Soldier Systems
SALES
ABOUT
CATEGORIES
ARCHIVES
TACTICAL FANBOY
EMAIL
ADVERTISE
SureFire Scout Lights Now Authorized for USAF Use

Trijicon / IR Defense IR Patrol XR
Capewell Aerial Systems new Double-Lok Rescue Hook doubles

both safety and visibility
Meadows of Dan, VASeptember 12, 2016 Capewell Aerial Systems (CAS), a world leader in
aviation safety products and a top-tier manufacturer of helicopter rescue hooks has introduced a failsafe locking rescue hook. The Double-Lok Hook is designed to prevent accidental opening which can
lead to rollouts resulting in load loss. In addition, CAS Double-Lok hook is available in Hi-Viz
yellow to increase visibility in all weather conditions and under water.
The Double-Lok feature is engineered for ease of use. The two lock safety gate is intuitive and can be
operated easily with one hand even with gloves on. The hook body is forged from 17.4 PH, heat-treated
stainless steel and is rated with a working load of 3,000 pounds. The Double-Lok hook is available in
either a satin stainless steel nish or a powder-coated high-visibility yellow nish with contrasting
orange lock release. In tests, the new neon paint scheme was greatly preferred by search & rescue
professionals who often operate in high stress conditions where spatial and situational awareness is
critical.

Capewell Business Line Manager, Butch Flythe, himself a retired USCG Master Chief Petty Ofcer
and rescue swimmer states, Capewell has always made the best rescue hooks, and the new DoubleLok Hook puts us even farther ahead. Its a step up by having more options and increased visibility.
Feedback on the new Hi-Viz paint scheme has been so positive that CAS has decided to make it
available for their entire line of hooks including the Slide-Lok and Auto-Lok models. Capewell
Aerial Systems is now accepting orders for the new Double-Lok hook and will begin shipping to
customers during the fourth quarter of 2016.
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Copyright Soldier Systems Daily 2008 - 2016
COMPOSITE EXHIBIT 9
Side-by-Side Comparison
Figure 1: Copy on left - Original on right - Photographed March 3rd HAI Show Louisville, KY

Lifesaving Systems v. Aerial Machine &amp; Tool - Complaint

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Lifesaving Systems v. Aerial Machine &amp; Tool - Complaint

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Case 8:16-cv-03014-CEH-AEP Document 1 Filed 10/25/16 Page 1 of 12 PageID 1

UNITED STATES DISTRICT COURT

CASE NO. _______________

AERIAL MACHINE & TOOL CORPORATION,

Specifically, AERIAL MACHINE & TOOL CORPORATION aka CAPEWELL AERIAL

Case 8:16-cv-03014-CEH-AEP Document 1 Filed 10/25/16 Page 2 of 12 PageID 2

distinctive trade dress embodied in D-LOK Helicopter Hoist Hook configuration as

LIFESAVING SYSTEMS CORPORATION, hereinafter Plaintiff, is a Florida

Venue is proper in this District pursuant to 28 U.S.C. 1391.

Plaintiff initiates this action to enjoin Defendants infringement of Plaintiffs

Case 8:16-cv-03014-CEH-AEP Document 1 Filed 10/25/16 Page 3 of 12 PageID 3

survival equipment for SAR responders, industry professionals and operators

From personal protective equipment, such as US Coast Guard approved life

Plaintiffs distinctive D-LOK Hoist Hook incorporates a dual-lock latch

In addition, Plaintiffs distinctive D-LOK Hoist Hook eliminates

In 1998, Samuel G. Maness, founder and owner of Plaintiff, obtained United

Case 8:16-cv-03014-CEH-AEP Document 1 Filed 10/25/16 Page 4 of 12 PageID 4

Plaintiffs distinctive D-LOK Hoist Hook trade dress is not functional.

Case 8:16-cv-03014-CEH-AEP Document 1 Filed 10/25/16 Page 5 of 12 PageID 5

Defendant has since published news releases of Defendants imitation of

Vertical Magazine and Soldier Systems. (Exhibit 7 and Exhibit 8 hereto).

As side-by-side comparison of Plaintiffs D-LOK Hoist Hook and Defendants

Upon information and belief, Defendants description of Defendants Double-LOK

Case 8:16-cv-03014-CEH-AEP Document 1 Filed 10/25/16 Page 6 of 12 PageID 6

Plaintiff has never, either directly or indirectly, granted Defendant permission to

Indeed, at least one of Plaintiffs existing customers expressed confusion as to

Following the Helicopter Association International Trade Show, Plaintiff has

Upon information and belief, Defendants infringement of Plaintiffs distinctive

Case 8:16-cv-03014-CEH-AEP Document 1 Filed 10/25/16 Page 7 of 12 PageID 7

Upon information and belief, Plaintiff is or is likely to be damaged by Defendants

This Count is for trade dress infringement of Plaintiffs distinctive helicopter

Case 8:16-cv-03014-CEH-AEP Document 1 Filed 10/25/16 Page 8 of 12 PageID 8

Plaintiffs distinctive D-LOK Hoist Hook trade dress is not functional.

Upon information and belief, Defendants use of Plaintiffs distinctive D-LOK

Case 8:16-cv-03014-CEH-AEP Document 1 Filed 10/25/16 Page 9 of 12 PageID 9

Plaintiff has no adequate remedy at law and would be irreparably harmed

This Count is for false designation of origin.

Upon information and belief, Defendants imitation of Plaintiffs distinctive D-LOK

Plaintiff has no adequate remedy at law and would be irreparably harmed

Case 8:16-cv-03014-CEH-AEP Document 1 Filed 10/25/16 Page 10 of 12 PageID 10

Plaintiff has no adequate remedy at law and would be irreparably harmed

Enjoining Defendant and franchisees, licensees, agents, servants, employees,

Enjoining Defendant and franchisees, licensees, agents, servants, employees,

Case 8:16-cv-03014-CEH-AEP Document 1 Filed 10/25/16 Page 11 of 12 PageID 11

Falsely designating the origin of Defendants infringing rescue hoist hook by

Enjoining Defendant and franchisees, licensees, agents, servants, employees,

Case 8:16-cv-03014-CEH-AEP Document 1 Filed 10/25/16 Page 12 of 12 PageID 12

Defendant be ordered to cancel all advertisements in media distributed in the

Plaintiff be granted such further relief as the Court deems just.

Case 8:16-cv-03014-CEH-AEP Document 1-1 Filed 10/25/16 Page 1 of 1 PageID 13

CIVIL COVER SHEET

AERIAL MACHINE & TOOL CORPORATION a/k/a CAPEWELL

LIPE:SAVING SYSTEMS CORPORATION, a Florida corporation

(b) County of Residence ofFirst Listed Plaintiff

County of Residence ofFirst Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)

II. BASIS OF JURISDICTION (P/acean "X"inOneBoxOnly)

(For Diversity Cases Only)

Citizen of This State

Incorporated or Principal Place

Citizen of Another State

D 625 Drug Related Seizure

Incorporated and Principal Place

D 370 Other Fraud

Lifesaving Systems v. Aerial Machine & Tool - Complaint

Lifesaving Systems v. Aerial Machine & Tool - Complaint