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SHC Holdings, LLC, a Kansas limited liability Case No.: 2:17-cv-2718
Main (702) 541-7888 Fax (702) 541-7899
company,
7495 West Azure Drive, Suite 233
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GIBSON LOWRY LLP
COMPLAINT
Las Vegas, Nevada 89130
Plaintiff,
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v.
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JP Denison LLC, a Nevada limited-liability
16 company,
17 Defendant.
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19 Plaintiff SHC Holdings, LLC (Plaintiff and/or SHC), through its undersigned
20 attorneys, files this Complaint against Defendant, JP Denison LLC (Defendant or Pure
21 Promotions), and alleges on information and belief that the following is and, unless otherwise
22 stated, has been true at all relevant times:
23 1. This Court has jurisdiction over this action for, inter alia, patent and copyright
24 infringement pursuant to 28 U.S.C. 1331 and 1338(a).
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Case 2:17-cv-02718 Document 1 Filed 10/25/17 Page 2 of 8
1 PARTIES
2 2. SHC is a limited liability company organized under the laws of the State of
3 Kansas, with its principal place of business located at 200 North Walnut Street, Cottonwood
4 Falls, Kansas.
5 3. Defendant is a limited-liability company organized under the laws of the State of
6 Nevada, doing business under the trade name PURE PROMOTIONS + ADVERTISING, with its
7 principal place of business at 5145 South Valley View Boulevard, Las Vegas, Nevada.
8 JURISDICTION
9 4. This action arises under the patent laws of the United States, 35 U.S.C. 1 et seq.,
10 and the copyright laws of the United States, 17 U.S.C. 101 et seq.
11 5. Subject matter jurisdiction over this action is conferred upon this Court by 28
12 U.S.C. 1331 and 1338(a).
Main (702) 541-7888 Fax (702) 541-7899
7495 West Azure Drive, Suite 233
13 6. This Court has personal jurisdiction over Defendant because Defendant has
GIBSON LOWRY LLP
Las Vegas, Nevada 89130
14 purposefully availed itself of the privilege of conducting business within the State of Nevada.
15 7. This Court has personal jurisdiction over Defendant because Defendant has sold
16 infringing devices in the State of Nevada.
17 VENUE
18 8. Venue is proper in the District of Nevada under 28 U.S.C. 1400(a) because this
19 is a lawsuit arising under the United States copyright laws and Defendant may be found in the
20 District of Nevada.
21 9. Venue is proper in the District of Nevada under 28 U.S.C. 1400(b) because
22 Defendant has committed acts of patent infringement, and has a regular and established place of
23 business, in the District of Nevada.
24 10. Venue is proper in the unofficial southern division of the District of Nevada under
25 LR IA 1-8(c) because SHCs causes of action against Defendant pled herein arose in Clark
26 County, Nevada.
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Case 2:17-cv-02718 Document 1 Filed 10/25/17 Page 3 of 8
1 GENERAL ALLEGATIONS
2 11. On February 10, 2004, the United States Patent and Trademark Office issued U.S.
3 Patent No. D486,531 (the 531 Patent), entitled Slot Machine Card Holder, to SHC. A
4 correct copy of the 531 Patent is attached as Exhibit 1.
5 12. SHC owns all right, title and interest to the 531 Patent, including the right to sue
6 for past, present and future infringements.
7 13. SHC has owned the 531 Patent throughout the period of the Defendants
8 infringing acts.
9 14. The 531 Patent is valid and enforceable.
10 15. SHC has complied with the statutory requirement of placing a notice of the531
11 Patent on the devices SHC has made and sells.
12 16. SHC owns copyright registration No. VA 1-867-812, effective July 8, 2013, for a
Main (702) 541-7888 Fax (702) 541-7899
7495 West Azure Drive, Suite 233
13 sculptural work entitled SLOT CLAW (the Slot Claw Sculpture). A correct copy of the
GIBSON LOWRY LLP
Las Vegas, Nevada 89130
14 certificate evidencing SHCs registration of SHCs copyright in the Slot Claw Sculpture is
15 attached hereto as Exhibit 2.
16 17. SHC owns all right, title, and interest to the copyright in the Slot Claw Sculpture,
17 including the right to sue for past, present, and future infringements.
18 18. SHC has owned all right, title, and interest to the copyright in the Slot Claw
19 Sculpture throughout the period of the Defendants infringing acts.
20 19. SHCs copyright in the Slot Claw Sculpture is valid and enforceable.
21 20. Pure Promotions makes, uses, sells, offers to sell, and/or imports bungee cords
22 distributed as promotional premiums by businesses in the District of Nevada (the Infringing
23 Bungee Cords).
24 21. Pure Promotions has made, used, sold, offered to sell, and/or imported Infringing
25 Bungee Cords since on or after July 8, 2013.
26 22. Figures from the 531 Patent and corresponding views of the Infringing Bungee
27 Cord are attached hereto and incorporated herein as Exhibit 3.
28 23. The Infringing Bungee Cord constitutes an infringement of the 531 Patent.
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Case 2:17-cv-02718 Document 1 Filed 10/25/17 Page 4 of 8
13 29. Pure Promotions has committed and is continuing to commit direct acts of
GIBSON LOWRY LLP
Las Vegas, Nevada 89130
14 infringement of the 531 Patent under 35 U.S.C. 271(a) by making, using, selling, offering to sell,
15 and/or importing Infringing Bungee Cords.
16 30. SHC has been damaged as a direct result of Pure Promotions infringement of the
17 531 Patent.
18 31. SHC will continue to be damaged by Pure Promotions infringement of the 531
19 Patent unless further infringement is enjoined.
20 32. SHC is entitled under 35 U.S.C. 284 to an award of damages adequate to
21 compensate SHC for Pure Promotions infringement of the 531 Patent, but in no event less than
22 a reasonable royalty for the use made by Pure Promotions of the invention depicted in the 531
23 Patent, all together with interest and costs.
24 33. Pure Promotions past and continuing infringement of the 531 Patent has been
25 and continues to be deliberate and willful.
26 34. Pure Promotions willful and deliberate infringement of the 531 Patent warrants
27 an award of treble damages pursuant to 35 U.S.C. 284.
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Case 2:17-cv-02718 Document 1 Filed 10/25/17 Page 5 of 8
13 40. Pure Promotions distributed the Slot Claw Sculpture without authorization in
GIBSON LOWRY LLP
Las Vegas, Nevada 89130
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Case 2:17-cv-02718 Document 1 Filed 10/25/17 Page 6 of 8
13 50. SHC has sustained damages as a direct and proximate result of Pure Promotions
GIBSON LOWRY LLP
Las Vegas, Nevada 89130
14 acts as alleged herein, and Pure Promotions is liable to SHC for such damages.
15 FOURTH CAUSE OF ACTION
16 UNJUST ENRICHMENT UNDER NEVADA COMMON LAW
17 51. Plaintiff incorporates, repeats, and realleges every allegation set forth above.
18 52. Pure Promotions benefited from the infringement and misappropriation of SHCs
19 intellectual property.
20 53. Pure Promotions retained such benefits at the expense of SHC.
21 54. The benefit retained by Pure Promotions in equity and good conscience belonged
22 to SHC.
23 55. SHC has sustained damages as a direct and proximate result of Pure Promotions
24 acts as alleged herein, and Pure Promotions is liable to SHC for such damages.
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Case 2:17-cv-02718 Document 1 Filed 10/25/17 Page 7 of 8
13 E. A finding in favor of SHC that this is an exceptional case under 35 U.S.C. 285 and
GIBSON LOWRY LLP
Las Vegas, Nevada 89130
14 an award to SHC of SHCs costs, including reasonable attorneys fees and other expenses incurred
15 in connection with this action;
16 F. A judgment and order requiring Defendants to pay SHC pre-judgment interest under
17 35 U.S.C. 284 and post-judgment interest under 28 U.S.C. 1961 on all damages awarded;
18 G. A judgment and order of temporary, preliminary, and permanent injunction against
19 further infringement by Pure Promotions infringement of SHCs copyright in the Slot Claw
20 Sculpture, under 17 U.S.C. 502;
21 H. A preliminary judgment and order impounding all of Defendants infringing copies
22 of the Slot Claw Sculpture, as well as all plates, molds, matrices, or other articles by means of which
23 Defendant reproduced copies and/or derivative works, of the Slot Claw Sculpture, and of all records
24 documenting the manufacture, sale, or receipt of things involved in Defendants infringement of
25 SHCs copyright in the Slot Claw Sculpture, under 17 U.S.C. 503(a);
26 I. A final judgment ordering destruction of all copies of Defendants infringements of
27 the Slot Claw Sculpture found to have been made or used in violation of SHCs exclusive rights,
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Case 2:17-cv-02718 Document 1 Filed 10/25/17 Page 8 of 8
1 and of all plates, molds, matrices, or other articles by means of which such copies may be
2 reproduced, under 17 U.S.C. 503(b);
3 J. A judgment and order requiring Defendant to pay SHCs actual damages and any
4 additional profits of Defendant, under 17 U.S.C. 504;
5 K. A judgment and order requiring Defendant to pay SHCs full costs and reasonable
6 attorneys fees, under 17 U.S.C. 505;
7 L. Damages for Pure Promotions misappropriation of SHCs Commercial Property;
8 M. An amount sufficient to compensate SHC for Pure Promotions unjust enrichment;
9 and
10 N. Such other and further relief as the Court deems just and appropriate.
11 DEMAND FOR JURY TRIAL
12 Plaintiff hereby requests trial by jury of all causes of action so triable set forth in this
Main (702) 541-7888 Fax (702) 541-7899
7495 West Azure Drive, Suite 233
13 Complaint.
GIBSON LOWRY LLP
Las Vegas, Nevada 89130
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Case 2:17-cv-02718 Document 1-1 Filed 10/25/17 Page 1 of 5
EXHIBIT 1
EXHIBIT 1
Case 2:17-cv-02718 Document 1-1 Filed 10/25/17 Page 2 of 5
USO0D486531S
(54) SLOT MACHINE CARD HOLDER 5,560,603 A 10/1996 Seelig et al. ................ .. 463/20
5,590,880 A 1/1997 Flam . ... ... ... . . . .. 273/150
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EXHIBIT A
Case 2:17-cv-02718 Document 1-1 Filed 10/25/17 Page 3 of 5
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Case 2:17-cv-02718 Document 1-1 Filed 10/25/17 Page 5 of 5
EXHIBIT 2
Copyright Registration
Certificate
EXHIBIT 2
Case 2:17-cv-02718 Document 1-2 Filed 10/25/17 Page 2 of 3
EXHIBIT B
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EXHIBIT 3
EXHIBIT 3
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FIG. 1
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