Case 1:16-cv-03147 Document 1 Filed 12/21/16 USDC Colorado Page 1 of 6

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO
Civil Action No. _______
FRICTIONLESS WORLD, LLC, a Colorado limited liability company,

Plaintiff,
vs.
CHAMPION POWER EQUIPMENT, INC., a California corporation,
Defendant.

COMPLAINT AND JURY DEMAND

Plaintiff Frictionless World, LLC (Frictionless World) states and alleges as follows for
its Complaint against Champion Power Equipment, Inc. (Champion):
I.
1.

PARTIES

Frictionless World is a Colorado limited liability company with its principal place

of business in Westminster, Colorado. Frictionless World is the assignee of U.S. Patent No.
D681,701 (the D701 Patent). A true and correct copy of the D701 Patent is attached as Exhibit
1 to this Complaint, incorporated by this reference herein.
2.

On information and belief, Champion is a California corporation with its principal

place of business in Santa Fe Springs, California. Champion manufactures, markets, and sells log
splitter products, including the 25-Ton Horizontal/Vertical Gas Log Splitter, Model No. 10036,
in Colorado. (See Exhibit 2, which is incorporated by reference herein).

Case 1:16-cv-03147 Document 1 Filed 12/21/16 USDC Colorado Page 2 of 6

II.
4.

SUBJECT MATTER JURISDICTION

This is an action for design patent infringement arising under the patent laws of

the United States, 35 U.S.C. 101 et seq.

5.

This Court has subject matter jurisdiction over this patent infringement claim

pursuant to 28 U.S.C. 1331 and 1338(a).

III.
6.

PERSONAL JURISDICTION AND VENUE

On information and belief, Champion sells, continues to sell, and offers for sale to

Colorado residents its 25-Ton Horizontal/Vertical Gas Log Splitter.

7.

On information and belief, Champion also has shipped the 25-Ton

Horizontal/Vertical Gas Log Splitter into Colorado.

8.

Champion further offers for sale its 25-Ton Horizontal/Vertical Gas Log Splitter,

Model No. 10036 on an interactive website, http://www.powerequipmentdirect.com/Champion100326-Log-Splitter/p71246.html, which allows consumers, including those located in Colorado,
to purchase that product. Exhibit 2.
9.

Based on the above facts, Champion has purposefully availed itself of the rights

and privileges of conducting business in Colorado and is subject to personal jurisdiction in this
judicial district.
10.

Venue is proper in this Court pursuant to 28 U.S.C. 1391 and 1400.

IV.

GENERAL ALLEGATIONS

11. Frictionless World is in the business of providing outstanding design, engineering,

outsourcing and quality control of farm, ranch and garden machinery as well as equipment and

Case 1:16-cv-03147 Document 1 Filed 12/21/16 USDC Colorado Page 3 of 6

supplies for development and delivery of custom products to its customers. Frictionless World
sells horizontal-vertical log splitters under the brand name Dirty Hands Tools.

A.
12.

The D701 Patent

On May 7, 2013, the United States Patent and Trademark Office granted the

D701 Patent for the design of a Log Splitter Beam. See Exhibit 1.
13.

Among other things, the D701 Patent claims a certain design on a log splitter

beam as depicted below in Figure 1 (identified as Figure 2 in the D701 Patent).

(D701 Patent, Figure 2.)

16.

Frictionless World manufactures, markets and sells devices incorporating the

inventions disclosed and claimed in the D701 Patent and those devices are properly marked as
provided for in the patent statutes.

Case 1:16-cv-03147 Document 1 Filed 12/21/16 USDC Colorado Page 4 of 6

B. Champions Infringing Products

17.

Champion is making, using, offering for sale, and selling within the United States

or importing in the United States a 25-Ton Horizontal/Vertical Gas Log Splitter.

18.

A claim chart is shown below that compares certain figures in the D701 Patent to

pictures of a 25-Ton Horizontal/Vertical Gas Log Splitter, Model No. 10036, as shown on the
interactive

website,

http://www.powerequipmentdirect.com/Champion-100326-Log-

Splitter/p71246.html, last accessed November 28, 2016, where the product is being offered for
sale in Colorado.

Case 1:16-cv-03147 Document 1 Filed 12/21/16 USDC Colorado Page 5 of 6

19.

The 25-Ton Horizontal/Vertical Gas Log Splitter, Model No. 10036 directly

infringes the Frictionless World Log Splitter, literally and/or under the doctrine of equivalents.
V.
FIRST CLAIM FOR RELIEF
(Infringement of U.S. Patent No. D681,701)
20.

Frictionless World incorporates paragraphs 1 through 19 as though fully set forth

21.

Champion has infringed the 25-Ton Horizontal/Vertical Gas Log Splitter, Model

herein.

No. 10036 by making, using, selling and/or offering for sale in the United States or importing the
25-Ton Horizontal/Vertical Gas Log Splitter, Model No. 10036 into the United States, without
license or authority from Frictionless World, in violation of 35 U.S.C. 271.
22.

As a result of Champions infringing acts, Frictionless World has suffered and

will continue to suffer irreparable injury for which there is no adequate remedy at law, entitling it
to injunctive relief under 35 U.S.C. 283.
VI.

PRAYER FOR RELIEF

WHEREFORE, Frictionless World prays that this Court enter its Judgment and enter an
Order:
1.

Preliminarily and permanently enjoining Champion and its officers, agents,

servants, employees, successors, assigns, and all persons in active concert with any of them, from
infringing U.S. Patent No. D681,701;
2.

Awarding to Frictionless World monetary damages in an amount equal to the

greater of Frictionless Worlds lost profits or a reasonable royalty pursuant to 35 U.S.C. 284, or
all profits attributable to the article of manufacture pursuant to 35 U.S.C. 289;

Case 1:16-cv-03147 Document 1 Filed 12/21/16 USDC Colorado Page 6 of 6

3.

Awarding to Frictionless World its reasonable attorneys fees pursuant to 35

U.S.C. 285;
4.

Awarding to Frictionless World its costs incurred in this action, including expert

witness fees; and

5.

Awarding to Frictionless World prejudgment interest, post judgment interest and

any such other and further relief as the Court may deem just and proper.
VII.

JURY DEMAND

Frictionless World hereby demands a trial by jury as to all issues so triable.

Respectfully submitted,

Dated: December 21, 2016

By:

s/ Thomas P. Howard
Thomas P. Howard
Vandana Koelsch
William C. Groh, III
thoward@thowardlaw.com
vkoelsch@thowardlaw.com
wgroh@thowardlaw.com
THOMAS P. HOWARD LAW, LLC
842 W. South Boulder Road, Suite 100
Louisville, CO 80027
303-665-9845
303-665-9847 (fax)
ATTORNEYS FOR PLAINTIFF
FRICTIONLESS WORLD, LLC

Case 1:16-cv-03147 Document 1-1 Filed 12/21/16 USDC Colorado Page 1 of 5

USO0D681701S

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

Banjo
(45) Date of Patent:
(54)

LOG SPLITTER BEAM

(71) Applicant: Frictionless World LLC, Louisville, CO

(Us)
(72) Inventor:

(73) Assignee: Frictionless World LLC, Louisville, CO

(Us)

May 7, 2013

D544,505 S

6/2007 VanderBurgh et al.

D585,915 S *
D617,354 S *
7,882,868 B2*

2/2009
6/2010
2/2011

D648,761 S

Daniel Banjo, Boulder, CO (US)

US D681,701 S
*1,

Feng .......................... .. D15/127

Banjo et a1. .
.. D15/127
Lessard .................... .. 144/1931

11/2011 Banjo et a1.

2004/0250895 A1*

12/2004

Marx ....................... .. 144/1931

2005/0284540 A1*

12/2005

Walker et a1. .... ..

2005/0284541 A1*

12/2005 Walkeretal. ..

2007/0000975 A1*
2008/0251158 A1*

1/2007
10/2008

144/1932

144/1932

Paradise .... ..
228/182
Koch .......................... .. 144/366

* cited by examiner

(**)

Term:

14 Years
Primary Examiner * Patricia Palasik

(21) Appl.No.: 29/436,770

(22) Filed:

Nov. 8, 2012

(51)

LOC (9) Cl.

(52)

US. Cl.
USPC

(58)

(74) Attorney, Agent, or FirmiMarsh Fischmann &

Breyfogle LLP

................................................ .. 15-09

....................................................... ..

D15/127

(57)

Field of Classi?cation Search ................... .. D8/47;

D15/127,133,199; 83/4681, 471.2, 471.3,

83/477.2, 486.1, 574, 701, 928; 108/12,
108/19; 144/1931*195.8, 286.5, 287, 366;
254/104; 269/1
See application ?le for complete search history.
(56)

References Cited
U.S. PATENT DOCUMENTS
4,700,759
4,770,218
4,782,870
D326,665

A
A
A
S

5,284,193 A *

10/1987
9/1988
11/1988
6/1992
2/1994

Duerr
Duerr
Duerr
Greenburg et a1.
Mires etal. .............. .. 144/1951

CLAIM

The ornamental design for a log splitter beam, as shoWn and

described.
DESCRIPTION

FIG. 1 is a perspective vieW of the log splitter beam being

attached to a log splitting device; the broken lines are for
illustrative purposes only and form no part of the claimed

design.
FIG. 2 is a perspective vieW of the log splitter beam of FIG. 1.
FIG. 3 is a top vieW of the log splitter beam of FIG. 2.
FIG. 4 is a bottom vieW ofthe log splitter beam of FIG. 2.
FIG. 5 is a right side vieW of the log splitter beam of FIG. 2.
FIG. 6 is a front vieW ofthe log splitter beam of FIG. 2; and,
FIG. 7 is a rear vieW ofthe log splitter beam of FIG. 2.

1 Claim, 4 Drawing Sheets

Case 1:16-cv-03147 Document 1-1 Filed 12/21/16 USDC Colorado Page 2 of 5

US. Patent

May 7, 2013

Sheet 1 of4

Fig. 1

US D681,701 S

Case 1:16-cv-03147 Document 1-1 Filed 12/21/16 USDC Colorado Page 3 of 5

U S Patent

May 7, 2013

Sheet 2 of4

Fig. 2

US D681,701 S

Case 1:16-cv-03147 Document 1-1 Filed 12/21/16 USDC Colorado Page 4 of 5

US. Patent

May 7, 2013

Sheet 3 M4

US D681,701 S

0
i 777777777777777 7)

x11;
3
\m

O
O

Fig. 3

Case 1:16-cv-03147 Document 1-1 Filed 12/21/16 USDC Colorado Page 5 of 5

US. Patent

May 7, 2013

Fig. 6

Sheet 4 of4

US D681,701 S

Fig. 7

Case 1:16-cv-03147 Document 1-2 Filed 12/21/16 USDC Colorado Page 1 of 6

Champion 25-Ton Horizontal/Vertical Gas Log Splitter | Champion 100326

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Force

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Style

Accessories
Log Length

25

23.75

Tons

Inches

224cc Champion 4-Cycle OHV Engine

Cast iron cylinder sleeve for durabilty
Low oil shutoff protects the engine
Horizontal & Vertical Splitting
Split smaller logs in the horizontal position
Switch to vertical & roll large logs into place - save your back
Full steel beam design for maximum cylinder support
Handles logs up to 23.75" long (logs up to 100 lbs.)
Champion 100326 - 25-Ton
Horizontal/Vertical Gas Log
Splitter for sale.

Type

Shipping

2 Stage, 11 GPM Hydraulic Pump

Spin-on, external hydraulic oil filter

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Case 1:16-cv-03147 Document 1-2 Filed 12/21/16 USDC Colorado Page 2 of 6

Champion 25-Ton Horizontal/Vertical Gas Log Splitter | Champion 100326

Power Equipment Direct Offers
Free Shipping and a Tax-Free
Guarantee on Champion
100326.

3900 PSI maximum from 4" x 22.5" cylinder

11 second cycle time (327 cycles per hour)
Integrated Log Cradle
Keeps split logs on the beam; less bending over to stack
Log Strippers
Assist in removing log from wedge on the return stroke
2-Inch Ball Hitch
16-inch, DOT approved tires for smooth towing
Assembly Required

Download Documents

Engine
Engine Brand

Champion

Starting System

Recoil Start

CC

224 CCs

Fuel Tank Size

0.9 Gallons

Idle Control

No

Low Oil Shutdown

Yes

Product Manual

Wedge
Wedge Material

Steel

Wedge Style

2-way

Replaceable Wedge

Yes

Sharpenable Wedge

Yes

Hydraulics
Auto Return

Yes

Hydraulic Filter

Yes

Hydraulic Oil Included

No

Hydraulic Reservoir Size

Cycle Time

11 Seconds

Max Pump PSI

3900 PSI

Cylinder Diameter

3.9 Inches

Cylinder Length

22.6 Inches

Log Capacity
Max Log Length

23.75 Inches

Towing
Towable

Yes

D.O.T. Lights

Yes

Fenders

Yes

Hitch Type

2 Inch Ball Hitch

Max Towing Speed

45 MPH

Accessories
Jack Stands

Included

Log Cradles

Included

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Case 1:16-cv-03147 Document 1-2 Filed 12/21/16 USDC Colorado Page 3 of 6

Champion 25-Ton Horizontal/Vertical Gas Log Splitter | Champion 100326

Overview
Made in USA

No

Assembly Required

Yes

Weight

434.3 Pounds

Product Length

89.5 Inches

Product Width

51.3 Inches

Product Height

39.3 Inches

Consumer Warranty

2 Years

UPC

850878006266

Model

100326

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Case 1:16-cv-03147 Document 1-2 Filed 12/21/16 USDC Colorado Page 4 of 6

Champion 25-Ton Horizontal/Vertical Gas Log Splitter | Champion 100326

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Case 1:16-cv-03147 Document 1-3 Filed 12/21/16 USDC Colorado Page 1 of 2

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
Champion Power Equipment, Inc.

Frictionless World, LLC

Adams

(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)

Attorneys (If Known)

Thomas P. Howard, LLC

842 W. South Boulder Rd. Ste. 100, Louisville, CO 80027
303-665-9845

II. BASIS OF JURISDICTION (Place an X in One Box Only)

U S Government
Plaintiff

Federal Question
(U.S. Government Not a Party)

U S Government
Defendant

Diversity
(Indicate Citizenship of Parties in Item III)

(IN U.S. PLAINTIFF CASES ONLY)

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

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): 28 U.S.C. Sections 1331 and 1338

VI. CAUSE OF ACTION Brief description of cause:

AP Docket

Patent Infringement Suit

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

12/21/2016

s/ Thomas P. Howard

FOR OFFICE USE ONLY

RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG JUDGE

Case 1:16-cv-03147 Document 1-3 Filed 12/21/16 USDC Colorado Page 2 of 2

Case 1:16-cv-03147 Document 1-4 Filed 12/21/16 USDC Colorado Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

District of Colorado
Frictionless World, LLC

Plaintiff(s)

v.

Champion Power Equipment, Inc

Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No.

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address)

Champion Power Equipment, Inc.

12039 Smith Ave,
Santa Fe Springs, CA 9067

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:

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

Case 1:16-cv-03147 Document 1-4 Filed 12/21/16 USDC Colorado Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

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 $

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:

0.00