Hutzler Mfg. v. Conair - Complaint

Case 3:18-cv-00101 Document 1 Filed 01/17/18 Page 1 of 38
UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT
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:
HUTZLER MANUFACTURING COMPANY, INC., :
: CIVIL ACTION NO.
Plaintiff, :
:
-against- : COMPLAINT
:
CONAIR CORPORATION and CUISINARTS :
CORPORATION, :
:
Defendants. : JANUARY 17, 2018
:
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Plaintiff Hutzler Manufacturing Company, Inc. (“Hutzler”), for its complaint
against defendants Conair Corporation (“Conair”) and Cuisinarts Corporation (“Cuisinart”)
(together, “Defendants”) alleges as follows:
NATURE OF THE ACTION
1. This is a civil action for injunctive relief and damages arising under the
Patent Act (35 U.S.C. § 1 et seq.), counterfeiting and trademark infringement under Section 32(1)
of the Lanham Act (15 U.S.C. § 1114(1)), unfair competition under Section 43(a) of the Lanham
Act (15 U.S.C. § 1125(a)), unfair competition under the Connecticut Unfair Trade Practices Act
(Conn. Gen. Stat. § 42-110b(a)), and for common law trademark infringement and unfair
competition under Connecticut law.
THE PARTIES
2. Plaintiff Hutzler is a corporation organized and existing under the laws of
the State of New York. Hutzler does business in this judicial district.
3. On information and belief, defendant Conair is a corporation organized and
existing under the laws of the State of Delaware with its principal place of business located at
1 Cummings Point Road, Stamford, Connecticut, 06902. On information and belief, Conair does
business in this judicial district.
4. On information and belief, defendant Cuisinart is a corporation organized
and existing under the laws of the State of Delaware and a wholly-owned subsidiary of defendant
Conair, with its principal place of business located at 1 Cummings Point Road, Stamford,
Connecticut, 06902. On information and belief, Cuisinart does business in this judicial district.
JURISDICTION AND VENUE
5. This Court has jurisdiction over the subject matter of this action pursuant to
15 U.S.C. § 1121 and 28 U.S.C. §§ 1331, 1338, and 1367.
6. This Court has personal jurisdiction over Defendants because each of the
Defendants has its principal place of business in the State of Connecticut and, on information and
belief, each of the Defendants continuously and systematically conducts business within the
State of Connecticut.
7. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b), (c),
(d), and 1400(b), because on information and belief, each of the Defendants has committed acts of
infringement in this district and has a regular and established place of business in this judicial
district.
PRELIMINARY STATEMENT
8. This is an action to enforce and protect a valuable array of intellectual
property rights belonging to plaintiff. Plaintiff is a manufacturer and distributor of housewares;
the products at issue in this case are plastic containers used for storing and preserving fruits and
vegetables.
9. Defendants Conair and Cuisinart, both direct competitors of Hutzler, have
not only copied Hutzler’s patented designs, but they have also adopted Hutzler’s exact trademarks
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to identify what can only be described as an identical knock-off line of food storage containers.
Defendants’ conduct constitutes patent and trademark infringement, counterfeiting, and unfair
competition. Defendants should be enjoined from further unlawful acts and Hutzler should be
awarded money damages for all prior acts of infringement and competitive injury.
FACTUAL BACKGROUND
Hutzler’s Patents
10. Hutzler, a manufacturer and distributor of housewares, has been family
owned and operated since 1938.
11. Since its inception, Hutzler has been a pioneer in the housewares industry.
For example, in the 1960s, Hutzler began molding cooking and serving utensils with Melamine,
the highest quality plastic available. In the 1970s, Hutzler pioneered the manufacture of
fiberglass-reinforced nylon utensils. In the 1980s, Hutzler began manufacturing unique,
innovative baking gadgets.
12. Over the past decade, the housewares industry has seen a major shift in
structure. There has been tremendous consolidation among retailers and many of the smaller
players have gone out of business. Many of Hutzler’s customers have also become its
“competitors” in the direct importation of products. While Hutzler was one of the first in the
industry to secure the sourcing of products overseas, today many of Hutzler’s customers have the
same ability due to globalization. This has caused Hutzler to take strategic steps and make
targeted investments to move up the innovation ladder in order to compete.
13. In particular, Hutzler has had to develop new and unique products itself (or
innovate in the use of packaging), instead of relying on its manufacturing partners or selling
“knock-off” products, as many importers now do. Hutzler now focuses on designing products that
are unique in features and/or design, and it has taken steps to protect these innovations through the
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use of utility and design patents and through its use of trademarks to identify the source of its
goods. Nearly all of the company’s revenue growth comes from new products.
14. In 2005, Hutzler introduced a line of products used for storing and
preserving various types of produce. This line of plastic products is called the “Food Saver Line.”
Four products in the Food Saver Line – the “Garlic Saver,” the “Tomato Saver,” the “Onion
Saver,” and the “Lemon/Lime Saver” – are covered by U.S. patents owned by Hutzler.
15. Designing these products was not an easy task. Each product had its own
design challenges and the design process itself was an expensive and time-consuming endeavor.
A great deal of time and money was spent working with product development consultants and 3D
designers/model-makers. Each product went through numerous iterations before arriving at its
final design. The process took between six and twelve months for each product.
16. Hutzler’s Food Saver Line has quickly become the company’s most popular
product line. The products in Hutzler’s Food Saver Line sell for upwards of $3.99 each. Sales of
products in the Food Saver Line represent approximately 22 percent of Hutzler’s domestic sales
and, specifically, sales of the Garlic, Tomato, Onion, and Lemon/Lime Savers account for
79 percent of Food Saver Line domestic sales.
The Garlic Saver Patent
17. On August 14, 2007, Hutzler filed a patent application with the United States
Patent and Trademark Office (the “PTO”) in connection with a claim for the “ornamental design
for a garlic container.” On May 19, 2009, the PTO duly and legally issued U.S. Patent No.
D592,463 (“the ‘463 Patent”), showing and describing the “ornamental design for a garlic
container,” with Hutzler as the assignee from the inventors. Attached hereto as Exhibit 1 is a true
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and correct copy of the ‘463 Patent. Hutzler is the owner of the entire right, title, and interest in
and to the ‘463 Patent. The ‘463 Patent is in full force and effect.
18. Pursuant to 35 U.S.C. § 287, since the issue date of the ‘463 Patent, Hutzler
has marked each garlic container it has designed, manufactured, and sold (under the name “Garlic
Saver”) in accordance with the ‘463 Patent with the full patent number for the ‘463 Patent. Prior
to the patent issue date, such products were marked as “patent pending.”
The Tomato Saver Patent
19. On March 16, 2007, Hutzler filed a patent application with the PTO in
connection with a claim for the “ornamental design for a tomato keeper.” On February 19, 2008,
the PTO duly and legally issued U.S. Patent No. D562,082 (“the ‘082 Patent”), showing and
describing the “ornamental design for a tomato keeper,” with Hutzler as the assignee from the
inventors. Attached hereto as Exhibit 2 is a true and correct copy of the ‘082 Patent. Hutzler is
the owner of the entire right, title, and interest in and to the ‘082 Patent. The ‘082 Patent is in full
force and effect.
has marked each tomato container it has designed, manufactured, and sold (under the name
“Tomato Saver”) in accordance with the ‘082 Patent with the full patent number for the ‘082
Patent. Prior to the patent issue date, such products were marked as “patent pending.”
The Onion Saver Patent
21. On May 4, 2006, Hutzler filed a patent application with the PTO in
connection with a claim for the “ornamental design for an onion container.” On March 13, 2007,
the PTO duly and legally issued U.S. Patent No. D538,114 (“the ‘114 Patent”), showing and
describing the “ornamental design for an onion container,” with Hutzler as the assignee from the
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inventor. Attached hereto as Exhibit 3 is a true and correct copy of the ‘114 Patent. Hutzler is the
owner of the entire right, title, and interest in and to the ‘114 Patent. The ‘114 Patent is in full
force and effect.
has marked each onion container it has designed, manufactured, and sold (under the name “Onion
Saver”) in accordance with the ‘114 Patent with the full patent number for the ‘114 Patent. Prior
to the patent issue date, such products were marked as “patent pending.”
Hutzler’s Trademarks
The ONION SAVER Trademark
23. On May 18, 2010, Hutzler filed a trademark application with the PTO for the
trademark ONION SAVER for International Class 021 for “Containers for household or kitchen
use; Household containers for foods; Plastic storage containers for household or domestic use;
Plastic storage containers for household use; Portable plastic containers for storing household and
kitchen goods; Servingware for serving food.”
24. On December 7, 2010, the PTO issued Registration No. 3,886,426 for the
ONION SAVER trademark (the “ONION SAVER Mark”) with Hutzler as the owner. Attached
hereto as Exhibit 4 is a true and correct copy of the registration certificate for the ONION SAVER
Mark. Hutzler is the owner of the entire right, title, and interest in and to the ONION SAVER
Mark, which is in full force and effect.
25. Hutzler also owns all valid common law trademark rights in ONION
SAVER. By virtue of its adoption and continuous use in commerce since 2006, Hutzler’s ONION
SAVER trademark has become firmly established in the minds of actual and potential customers
nationwide as distinctly identifying Hutzler’s plastic storage containers. This occurred long
before Defendants began selling their plastic storage container products. Hutzler’s federal and
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common law ONION SAVER trademarks are individually and collectively referred to here as
Hutzler’s “ONION SAVER Trademarks.”
The TOMATO SAVER Trademark
trademark TOMATO SAVER for International Class 021 for “Containers for household or
kitchen use; Containers for household use; Household containers for foods; Plastic storage
containers for household or domestic use; Plastic storage containers for household use; Portable
plastic containers for storing household and kitchen goods; Servingware for serving food.”
27. On December 7, 2010, the PTO issued Registration No. 3,886,427 for the
TOMATO SAVER trademark (the “TOMATO SAVER Mark”) with Hutzler as the owner.
Attached hereto as Exhibit 5 is a true and correct copy of the registration certificate for the
TOMATO SAVER Mark. Hutzler is the owner of the entire right, title, and interest in and to the
TOMATO SAVER Mark which is in full force and effect.
28. Hutzler also owns all valid common law trademark rights in TOMATO
SAVER. By virtue of its adoption and continuous use in commerce since 2007, Hutzler’s
TOMATO SAVER trademark has become firmly established in the minds of actual and potential
customers nationwide as distinctly identifying Hutzler’s plastic storage containers. This occurred
long before Defendants began selling their plastic storage container products. Hutzler’s federal
and common law TOMATO SAVER trademarks are individually and collectively referred to here
as Hutzler’s “TOMATO SAVER Trademarks.”
The LEMON/LIME SAVER Trademark
trademark LEMON/LIME SAVER for International Class 021 for “Containers for household or
kitchen use; Containers for household use; Household containers for foods; Plastic storage
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containers for household or domestic use; Plastic storage containers for household use; Portable
plastic containers for storing household and kitchen goods; Servingware for serving food.”
30. On September 11, 2012, the PTO issued Registration No. 4,204,276 for the
LEMON/LIME SAVER trademark (the “LEMON/LIME SAVER Mark”) with Hutzler as the
owner. Attached hereto as Exhibit 6 is a true and correct copy of the registration certificate for the
LEMON/LIME SAVER Mark. Hutzler is the owner of the entire right, title, and interest in and to
the LEMON/LIME SAVER Mark, which is in full force and effect.
31. Hutzler also owns all valid common law trademark rights in LEMON/LIME
SAVER. By virtue of its adoption and continuous use in commerce since 2005, Hutzler’s
LEMON/LIME SAVER trademark has become firmly established in the minds of actual and
potential customers nationwide as distinctly identifying Hutzler’s plastic storage containers. This
occurred long before Defendants began selling their plastic storage container products. Hutzler’s
federal and common law LEMON/LIME SAVER trademarks are individually and collectively
referred to here as Hutzler’s “LEMON/LIME SAVER Trademarks.”
The GARLIC SAVER Trademark
32. Hutzler owns all valid common law trademark rights in GARLIC SAVER
(the “GARLIC SAVER Mark”). The GARLIC SAVER Mark is inherently distinctive, and in the
alternative, has acquired distinctiveness by virtue of its adoption and continuous use in commerce
since 2008, having become firmly established in the minds of actual and potential customers
nationwide as distinctly identifying Hutzler’s plastic storage containers. This occurred long
before Defendants began selling their plastic storage container products.
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Defendants’ Acts of Patent and Trademark Infringement,

Counterfeiting, and Unfair Competition
33. As explained in more detail below, Defendants have engaged in acts of
patent and trademark infringement, counterfeiting, and unfair competition. Defendants have
launched an identical line of food storage containers, directly copying Hutzler’s patented designs,
and misappropriating Hutzler’s protected trademarks.
34. On information and belief, based on Hutzler’s status as a market leader,
Defendants had notice and actual knowledge that Hutzler’s Food Saver Line designs were
patented and its trademarks were protected. Defendants’ acts of infringement were willful and
intentional.
Defendants’ Patent Infringement
35. Defendants have sold, and are offering for sale, in this judicial district and
other parts of the United States, products that infringe the ‘463 Patent, the ‘082 Patent, and the
‘114 Patent.
36. Defendants Conair and Cuisinart are both household names in the United
States and command strong brand awareness in the housewares industry. By labeling the
infringing products with the Cuisinart brand name, Defendants will likely be successful in
displacing Hutzler in retailers, causing Hutzler to lose its position as the market leader.
37. On information and belief, the infringing containers constitute a small
percentage of all of Defendants’ product lines.
Infringement of the Garlic Saver Patent
38. The Garlic Saver product manufactured and distributed by Hutzler embodies
the design and drawings depicted in the ‘463 Patent. The garlic container being distributed by
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Defendants is clearly and unmistakably manufactured to be identical to the design embodied in the
‘463 Patent.
39. First, as seen in Figure 1 of the ‘463 Patent, when viewed from the side/top,
both the ‘463 Patent and Defendants’ garlic container have (1) the same circular shape with
nodules; (2) nearly identical striations; and (3) flat, slanted stems. Attached hereto as page 1 of
Exhibit 7 is a comparison of Figure 1 of the ‘463 Patent and Defendants’ garlic container.
40. Second, as seen in Figure 2 of the ‘463 Patent, when viewed from the top,
both the ‘463 Patent and Defendants’ garlic container have (1) the same shape, each with nodules
ranging from ten to twelve in number; (2) nearly identical striations ranging from 40 to 45 in
number; and (3) round stems in the center. Attached hereto as page 2 of Exhibit 7 is a comparison
of Figure 2 of the ‘463 Patent and Defendants’ garlic container.
41. Third, as seen in Figures 3 and 4 of the ‘463 Patent, when viewed from the
side with the stem facing to the side, both the ‘463 Patent and Defendants’ garlic container have
(1) the same shape, with a round shape convening in a slanted stem at the top and a flattened base
at the bottom; (2) nearly identical striations; (3) slits near the bottom of the container; and (4) a
line across the product at approximately two-thirds from its top. Attached hereto as pages 3 and 4
of Exhibit 7 are comparisons of Figures 3 and 4 of the ‘463 Patent and Defendants’ garlic
container.
42. Fourth, as seen in Figures 5 and 6 of the ‘463 Patent, when viewed from the
side with the stem facing to the front, both the ‘463 Patent and Defendants’ garlic container have
(1) the same shape, with a round shape convening in a flattened stem at the top and a flattened
base at the bottom; (2) nearly identical striations; (3) slits near the bottom of the container; and
(4) a line across the product at approximately two-thirds from its top. Attached hereto as pages 5
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and 6 of Exhibit 7 are comparisons of Figures 5 and 6 of the ‘463 Patent and Defendants’ garlic
container.
43. Fifth, as seen in Figure 7 of the ‘463 Patent, when viewed from the bottom,
both the ‘463 Patent and Defendants’ garlic container have (1) the same shape, each with nodules
ranging from ten to twelve in number; (2) nearly identical striations ranging from 40 to 44 in
number and stopping approximately one half of the way across the bottom part of the container;
and (3) five slits in the bottom part of the container, each stopping slightly past the striations.
Attached hereto as page 7 of Exhibit 7 is a comparison of Figure 7 of the ‘463 Patent and
Defendants’ garlic container.
44. Finally, as seen in Figure 8 of the ‘463 Patent, when viewing the inside, both
the ‘463 Patent and Defendants’ garlic container have (1) a round shape, surrounded by nodules
ranging from ten to twelve in number; and (2) five slits in the bottom part of the container.
Attached hereto as page 8 of Exhibit 7 is a comparison of Figure 8 of the ‘463 Patent and
Defendants’ garlic container.
Infringement of the Tomato Saver Patent
45. The Tomato Saver product manufactured and distributed by Hutzler
embodies the design and drawings depicted in the ‘082 Patent. The tomato container being
distributed by Defendants is clearly and unmistakably manufactured to be identical to the design
embodied in the ‘082 Patent.
46. First, as seen in Figure 1 of the ‘082 Patent, when viewed from the side/top,
both the ‘082 Patent and Defendants’ tomato container have (1) the same circular shape with five
segments; (2) five segments convening in an area in the middle of the top of the product; and (3) a
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line across the container. Attached hereto as page 1 of Exhibit 8 is a comparison of Figure 1 of
the ‘082 Patent and Defendants’ tomato container.
47. Second, as seen in Figure 2 of the ‘082 Patent, when viewed from the top,
both the ‘082 Patent and Defendants’ tomato container have (1) the same round shape, each with
five segments; and (2) five segments convening in an area in the middle of the product. Attached
hereto as page 2 of Exhibit 8 is a comparison of Figure 2 of the ‘082 Patent and Defendants’
tomato container.
48. Third, as seen in Figures 3, 4, and 5 of the ‘082 Patent, when viewed from
the side, both the ‘082 Patent and Defendants’ tomato container have (1) the same shape,
including a round bottom with a flattened base; (2) a line across the container at approximately
halfway from its top; and (3) rounded sections on the top half of the container. Attached hereto as
pages 3, 4, and 5 of Exhibit 8 are comparisons of Figures 3, 4, and 5 of the ‘082 Patent and
Defendants’ tomato container.
49. Finally, as seen in Figure 6 of the ‘082 Patent, when viewed from the
bottom, both the ‘082 Patent and Defendants’ tomato container have a round circumference with a
flattened base. Attached hereto as page 6 of Exhibit 8 is a comparison of Figure 6 of the ‘082
Patent and Defendants’ tomato container.
Infringement of the Onion Saver Patent
50. The Onion Saver product manufactured and distributed by Hutzler embodies
the design and drawings of the ‘114 Patent. The onion container being distributed by Defendants
is clearly and unmistakably manufactured to be identical to the design embodied in the ‘114
Patent.
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51. First, as seen in Figure 1 of the ‘114 Patent, when viewed from the top, both
the ‘114 Patent and Defendants’ onion container have striations that convene at a point. Attached
hereto as page 1 of Exhibit 9 is a comparison of Figure 1 of the ‘114 Patent and Defendants’ onion
container. In addition, both the Onion Saver and Defendants’ onion container have exactly 32
segments when viewed from the top angle. Attached hereto as page 2 of Exhibit 9 is a comparison
of Hutzler’s Onion Saver and Defendants’ onion container.
52. Second, as seen in Figure 2 of the ‘114 Patent, when viewed from the side,
both the ‘114 Patent and Defendants’ onion container have (1) a nearly identical shape, including
a round bottom with a flattened base; (2) a line across the middle of the product; and (3) a thin,
slanted stem. Attached hereto as page 3 of Exhibit 9 is a comparison of Figure 2 of the ‘114
Patent and Defendants’ onion container.
53. Finally, as seen in Figure 3 of the ‘114 Patent, when viewed from the
bottom, both the ‘114 Patent and Defendants’ onion container have round circumferences with
striations that convene in flattened bases. Attached hereto as page 4 of Exhibit 9 is a comparison
of Figure 3 of the ‘114 Patent and Defendants’ onion container.
Defendants’ Counterfeiting and Trademark Infringement
54. Defendants have branded their line of food storage containers with (a) the
ONION SAVER trademark; (b) the TOMATO SAVER trademark; (c) the LEMON/LIME
SAVER trademark; and (d) the GARLIC SAVER trademark.
55. Defendants are not affiliated with Hutzler and have never been licensed or
otherwise authorized by Hutzler to use its Trademarks.
56. Defendants’ misappropriation of Hutzler’s ONION SAVER Trademarks
commenced over eleven years after Hutzler began using its Trademarks and after Hutzler had
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obtained a federal registration for its Mark on the Principal Register. That registration provides
Hutzler with nationwide exclusive use to that Mark and any confusingly similar trademarks.
57. Defendants’ misappropriation of Hutzler’s TOMATO SAVER Trademarks
commenced over ten years after Hutzler began using its Trademarks and after Hutzler had
obtained a federal registration for its Mark on the Principal Register. That registration provides
Hutzler with nationwide exclusive use to that Mark and any confusingly similar trademarks.
58. Defendants’ misappropriation of Hutzler’s LEMON/LIME SAVER
Trademarks commenced over twelve years after Hutzler began using its Trademarks and after
Hutzler had obtained a federal registration for its Mark on the Principal Register. That registration
provides Hutzler with nationwide exclusive use to that Mark and any confusingly similar
trademarks.
59. Defendants’ misappropriation of Hutzler’s GARLIC SAVER Mark
commenced over nine years after Hutzler began using its Mark and after it had become
well-known.
Defendants’ Actions Have Caused and Will Continue to Cause a Likelihood of Confusion
60. Defendants’ actions have caused and will continue to cause a likelihood of
consumer confusion or mistake, or mislead or deceive consumers as to the source, origin,
connection, affiliation, sponsorship, or approval of Defendants’ goods, and have diverted and will
continue to divert sales intended for Hutzler to Defendants’ competing goods.
61. Defendants’ unauthorized sales, marketing, and advertising using Hutzler’s
protected ONION SAVER, TOMATO SAVER, LEMON/LIME SAVER, and GARLIC SAVER
Trademarks have misled and will continue to mislead consumers into mistakenly believing that
Defendants’ goods are owned, authorized by, approved by, or affiliated with Hutzler.
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62. As a result of Defendants’ conduct, they have profited because of their use
of trademarks that infringe upon Hutzler’s Trademarks.
63. As a result of Defendants’ conduct, they have been unjustly enriched
because of their use of trademarks that infringe Hutzler’s Trademarks.
64. As a result of Defendants’ conduct, Hutzler’s reputation and goodwill are at
risk of being further damaged if Defendants’ conduct is not enjoined.
Irreparable Harm to Hutzler
Patent Infringement
65. On information and belief, Defendants’ sale and distribution of the
infringing containers is with full knowledge of Hutzler’s patent rights and business operations.
66. On information and belief, Defendants’ importation and distribution of its
infringing containers is done with the intent to compete with Hutzler.
67. Hutzler and Defendants are direct competitors vying for the business of the
same group of customers.
68. Hutzler has built its reputation on the quality and the uniqueness of its
products. It has taken pains to protect its intellectual property rights against copy-cat
manufacturers and distributors. Indeed, Hutzler obtained a preliminary injunction in the United
States District Court for the Southern District of New York against a competitor who was held to
have infringed patented products in Hutzler’s Food Saver Line and to have engaged in unfair
competition by copying the Food Saver Line (see Hutzler Mfg. Co. v. Bradshaw Int’l, Inc.,
No. 11 Civ. 7211, 2012 U.S. Dist. LEXIS 103864 (S.D.N.Y. 2012)). The copying committed by
Defendants here, which extends not just to patented designs but also to wholesale copying of the
trademarked product names, presents an even clearer case of misappropriation and unlawful
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conduct. By these infringing acts, Defendants have irreparably harmed Hutzler and such injury
will continue and grow unless Defendants are enjoined by this Court.
69. Defendants’ distribution of their infringing containers has created and will
continue to create confusion, irreparably damaging Hutzler’s reputation and goodwill.
70. Defendants’ distribution of their infringing containers will irreparably
decrease the size of Hutzler’s market share. If not enjoined, Defendants will cost Hutzler its
position as the market leader.
71. Defendants’ distribution of their infringing containers, if not enjoined, will
also result in irreparable price erosion of Hutzler’s patented products because Hutzler will be
forced to change its pricing structure in order to compete with Defendants’ knock-off products.
As a result, Hutzler’s business will be permanently harmed.
72. Defendants’ distribution of their infringing containers will have an
irreparable deleterious effect on Hutzler’s sales momentum and profits. Moreover, products in the
Food Saver Line often serve as “gateway” or “introductory” products in that they are the initial
Hutzler products purchased by customers, who are then introduced to other products in the Hutzler
line.
73. If Defendants are not enjoined from unfairly competing and infringing the
‘463, ‘082, and ‘114 Patents, other potential competitors will be encouraged to distribute
knock-off products resembling the Onion, Tomato, Lemon/Lime, and Garlic Savers themselves,
and will flood the market with even more infringing products.
74. Because Hutzler’s business and reputation, as well as the value of its patents,
will be irreparably harmed if Defendants are not enjoined, money damages cannot sufficiently
compensate Hutzler for the damage caused by Defendants’ infringing acts. In contrast,
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Defendants will not suffer any cognizable or irreparable injury if they are enjoined. In addition,
any “harm” that might be alleged by Defendants is fully self-inflicted.
Counterfeiting and Trademark Infringement
75. Hutzler will suffer irreparable harm if Defendants are not enjoined from
infringing Hutzler’s Trademarks.
76. Unless an injunction issues, Hutzler will lose control over its Trademarks,
reputation, and goodwill. If Defendants sell a defective or harmful imitation of a Hutzler product,
the defect will be attributed by the consumer to Hutzler. Because Hutzler’s business and
reputation, as well as the value of its Trademarks, will be irreparably harmed if Defendants are not
enjoined, money damages cannot sufficiently compensate Hutzler for the damage caused by
Defendants’ infringing acts.
77. In contrast, Defendants will not suffer any cognizable or irreparable injury if
they are enjoined. In addition, any “harm” alleged by Defendants is fully self-inflicted, and is a
result of their willful appropriation and use of Hutzler’s Trademarks.
COUNT I
Infringement of the ‘463 Patent – Garlic Saver
78. Hutzler incorporates by reference as if fully set forth herein the allegations
contained in paragraphs 1 through 77 above.
79. Defendants have made, used, imported, sold, and/or offered for sale products
that infringe the ‘463 Patent in violation of 35 U.S.C. § 271(a).
80. Defendants have induced others to infringe the ‘463 Patent by encouraging
and promoting the use, manufacture, importation, sale, and/or offer for sale by others of products
that infringe the ‘463 Patent in violation of 35 U.S.C. § 271(b).
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81. On information and belief, Defendants had notice and actual knowledge of
the ‘463 Patent before the filing of this action, and their infringement of the ‘463 Patent has been
and continues to be willful and deliberate.
82. Hutzler has been damaged by Defendants’ infringement of the ‘463 Patent,
in an amount to be determined at trial. Furthermore, by their infringing acts, Defendants have
irreparably harmed Hutzler and such injury will continue and grow unless Defendants are enjoined
by this Court.
COUNT II
Infringement of the ‘082 Patent – Tomato Saver
by this Court.
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COUNT III
Infringement of the ‘114 Patent – Onion Saver
by this Court.
COUNT IV
Federal Counterfeiting – ONION SAVER
94. Hutzler continues to use its ONION SAVER federally registered trademark
in connection with its advertising and sale of plastic storage containers.
95. Defendants have used and continue to use their infringing “Onion Saver”
trademark in a manner that is identical to, or substantially indistinguishable from, Hutzler’s
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ONION SAVER federally registered trademark, registered on the Principal Register of the PTO,
in advertising and sale of plastic storage containers.
96. Defendants have used and continue to use their infringing “Onion Saver”
trademark without Hutzler’s authorization.
97. Defendants’ use of their infringing Onion Saver trademark will cause a
likelihood of confusion, mistake, and deception with Hutzler’s federally registered ONION
SAVER trademark on the Principal Register by creating the false and misleading impression that
Defendants’ goods are connected with or affiliated with, or sponsored, approved, or authorized by
Hutzler.
98. Defendants’ intentional and willful use of their Onion Saver trademark
which is identical to and indistinguishable from Hutzler’s ONION SAVER Mark constitutes
counterfeiting in violation of Section 32 of the Lanham Act (15 U.S.C. § 1114(1)(a)).
99. As a direct and proximate result of Defendants’ counterfeiting, Hutzler has
been, and will continue to be, irreparably injured in its business, through diminished goodwill and
reputation.
100. Hutzler has no adequate remedy at law because its ONION SAVER
federally registered trademark represents to the public the identity, reputation, and goodwill of
Hutzler such that damages alone cannot fully compensate Hutzler for Defendants’ misconduct.
101. Unless enjoined by the Court, Defendants will continue to use and infringe
Hutzler’s ONION SAVER federally registered trademark, to the irreparable injury of Hutzler.
102. With respect to Defendants’ past sales of their counterfeit onion container,
Hutzler has been damaged by Defendants’ counterfeiting of its ONION SAVER trademark, in an
amount to be determined at trial.
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COUNT V
Federal Counterfeiting – TOMATO SAVER
104. Hutzler continues to use its TOMATO SAVER federally registered
trademark in connection with its advertising and sale of plastic storage containers.
105. Defendants have used and continue to use their infringing “Tomato Saver”
trademark in a manner that is identical to, or substantially indistinguishable from, Hutzler’s
TOMATO SAVER federally registered trademark, registered on the Principal Register of the
PTO, in advertising and sale of plastic storage containers.
106. Defendants have used and continue to use their infringing “Tomato Saver”
trademark without Hutzler’s authorization.
107. Defendants’ use of their infringing Tomato Saver trademark will cause a
likelihood of confusion, mistake, and deception with Hutzler’s federally registered TOMATO
Hutzler.
108. Defendants’ intentional and willful use of their Tomato Saver trademark
which is identical to and indistinguishable from Hutzler’s TOMATO SAVER Mark constitutes
counterfeiting in violation of Section 32 of the Lanham Act (15 U.S.C. § 1114(1)(a)).
reputation.
-21-
110. Hutzler has no adequate remedy at law because its TOMATO SAVER
Hutzler’s TOMATO SAVER federally registered trademark, to the irreparable injury of Hutzler.
112. With respect to Defendants’ past sales of their counterfeit tomato container,
Hutzler has been damaged by Defendants’ counterfeiting of its TOMATO SAVER trademark, in
an amount to be determined at trial.
COUNT VI
Federal Counterfeiting – LEMON/LIME SAVER
114. Hutzler continues to use its LEMON/LIME SAVER federally registered
trademark in connection with its advertising and sale of plastic storage containers.
115. Defendants have used and continue to use their infringing “Lemon/Lime
Saver” trademark in a manner that is identical to, or substantially indistinguishable from, Hutzler’s
LEMON/LIME SAVER federally registered trademark, registered on the Principal Register of the
PTO, in advertising and sale of plastic storage containers.
116. Defendants have used and continue to use their infringing “Lemon/Lime
Saver” trademark without Hutzler’s authorization.
117. Defendants’ use of their infringing Lemon/Lime trademark will cause a
likelihood of confusion, mistake, and deception with Hutzler’s federally registered LEMON/LIME
-22-
Hutzler.
118. Defendants’ intentional and willful use of their Lemon/Lime Saver
trademark which is identical to and indistinguishable from Hutzler’s LEMON/LIME SAVER
Mark constitutes counterfeiting in violation of Section 32 of the Lanham Act (15 U.S.C.
§ 1114(1)(a)).
reputation.
120. Hutzler has no adequate remedy at law because its LEMON/LIME SAVER
Hutzler’s LEMON/LIME SAVER federally registered trademark, to the irreparable injury of
Hutzler.
122. With respect to Defendants’ past sales of its counterfeit lemon/lime
container, Hutzler has been damaged by Defendants’ counterfeiting of its LEMON/LIME SAVER
trademark, in an amount to be determined at trial.
COUNT VII
Federal and Common Law Trademark Infringement;
Federal Unfair Competition – ONION SAVER
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124. Hutzler owns a valid federal trademark registration for ONION SAVER, and
continues to use its ONION SAVER federally registered trademark in connection with its
advertising and sale of plastic storage containers.
125. Hutzler’s ONION SAVER federally registered trademark enjoys common
law rights in Connecticut and throughout the United States.
126. Defendants’ use of their infringing Onion Saver mark is identical or nearly
identical to Hutzler’s ONION SAVER Trademarks.
127. Defendants’ use of their infringing Onion Saver mark for plastic storage
containers is similar in appearance, sound, and meaning to Hutzler’s ONION SAVER Trademarks
for plastic storage containers.
128. Defendants’ use of their infringing Onion Saver mark for plastic storage
containers creates the same or nearly the same commercial impression as to one or more of
Hutzler’s ONION SAVER Trademarks for plastic storage containers.
129. Hutzler’s products and Defendants’ products directly compete with each
other. In addition, Hutzler and Defendants solicit some of the same customers and use the same or
similar channels of trade to advertise their products.
130. Because low cost plastic containers are priced inexpensively, purchasers are
generally not careful in making a purchase. They are more likely to be confused by similar marks.
131. On information and belief, Defendants knew about Hutzler’s ONION
SAVER Trademarks prior to their first use of their infringing Onion Saver mark.
132. Defendants’ use of Hutzler’s identical ONION SAVER Trademarks will
cause a likelihood of confusion, mistake, and deception by creating the false and misleading
-24-
impression that Defendants’ goods are connected with or affiliated with, or sponsored, approved,
or authorized by Hutzler.
133. Defendants’ intentional and willful use of their infringing Onion Saver
trademark, that is identical to Hutzler’s ONION SAVER Mark, will cause a likelihood of
confusion, mistake, and deception by confusing consumers as to the source of the products, and
constitutes infringement in violation of Section 32 of the Lanham Act (15 U.S.C. § 1114(1)(a)).
134. Defendants’ intentional and willful use of trademarks that are identical,
nearly identical, or similar to Hutzler’s ONION SAVER Mark constitutes unfair competition in
violation of Section 43(a) of the Lanham Act (15 U.S.C. § 1125(a)).
135. As a direct and proximate result of Defendants’ infringement and unfair
competition, Hutzler has been, and will continue to be, irreparably injured in its business, through
diminished goodwill and reputation.
136. Hutzler has no adequate remedy at law because its ONION SAVER
Trademarks represent to the public the identity, reputation, and goodwill of Hutzler such that
damages alone cannot fully compensate Hutzler for Defendants’ misconduct.
the ONION SAVER Trademarks, to the irreparable injury of Hutzler.
138. As a direct result of Defendants’ conduct, Hutzler has suffered damages and
Defendants have obtained profits and have been unjustly enriched.
139. Hutzler has been damaged by Defendants’ infringement and unfair
competition of its ONION SAVER Trademarks, in an amount to be determined at trial.
Furthermore, by their infringing acts, Defendants have irreparably harmed Hutzler and such injury
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COUNT VIII
Federal Unfair Competition – TOMATO SAVER
141. Hutzler owns a valid federal trademark registration for TOMATO SAVER,
and continues to use its TOMATO SAVER federally registered trademark in connection with its
advertising and sale of plastic storage containers.
142. Hutzler’s TOMATO SAVER federally registered trademark enjoys common
law rights in Connecticut and throughout the United States.
143. Defendants’ use of their infringing Tomato Saver mark is identical or nearly
identical to Hutzler’s TOMATO SAVER Trademarks.
144. Defendants’ use of their infringing TOMATO SAVER mark for plastic
storage containers is similar in appearance, sound, and meaning to Hutzler’s TOMATO SAVER
Trademarks for plastic storage containers.
145. Defendants’ use of their infringing Tomato Saver mark for plastic storage
containers creates the same or nearly the same commercial impression as to one or more of
Hutzler’s TOMATO SAVER Trademarks for plastic storage containers.
148. On information and belief, Defendants knew about Hutzler’s TOMATO
SAVER Trademarks prior to their first use of their infringing Tomato Saver mark.
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149. Defendants’ use of Hutzler’s identical TOMATO SAVER Trademarks will
cause a likelihood of confusion, mistake, and deception by creating the false and misleading
150. Defendants’ intentional and willful use of their infringing Tomato Saver
trademark, that is identical to Hutzler’s TOMATO SAVER Trademarks, will cause a likelihood of
confusion, mistake, and deception by confusing consumers as to the source of the products, and
constitutes infringement in violation of Section 32 of the Lanham Act (15 U.S.C. § 1114(1)(a)).
nearly identical, or similar to Hutzler’s TOMATO SAVER Mark constitutes unfair competition in
violation of Section 43(a) of the Lanham Act (15 U.S.C. § 1125(a)).
153. Hutzler has no adequate remedy at law because its TOMATO SAVER
the TOMATO SAVER Trademarks, to the irreparable injury of Hutzler.
competition of its TOMATO SAVER Trademarks, in an amount to be determined at trial.
-27-
Furthermore, by their infringing acts, Defendants have irreparably harmed Hutzler and such injury
COUNT IX
Federal Unfair Competition – LEMON/LIME SAVER
158. Hutzler owns a valid federal trademark registration for LEMON/LIME
SAVER, and continues to use its LEMON/LIME SAVER federally registered trademark in
connection with its advertising and sale of plastic storage containers.
159. Hutzler’s LEMON/LIME SAVER federally registered trademark enjoys
common law rights in Connecticut and throughout the United States.
160. Defendants’ use of their infringing Lemon/Lime Saver mark is identical or
nearly identical to Hutzler’s LEMON/LIME SAVER Trademarks.
161. Defendants’ use of their infringing Lemon/Lime Saver mark for plastic
storage containers is similar in appearance, sound, and meaning to Hutzler’s LEMON/LIME
SAVER Trademarks for plastic storage containers.
162. Defendants’ use of their infringing Lemon/Lime Saver mark for plastic
storage containers creates the same or nearly the same commercial impression as to one or more of
Hutzler’s LEMON/LIME SAVER Trademarks for plastic storage containers.
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165. On information and belief, Defendants knew about Hutzler’s LEMON/LIME
SAVER Trademarks prior to their first use of their infringing Lemon/Lime Saver mark.
166. Defendants’ use of Hutzler’s identical LEMON/LIME SAVER Trademarks
will cause a likelihood of confusion, mistake, and deception by creating the false and misleading
167. Defendants’ intentional and willful use of their infringing Lemon/Lime
Saver trademark, that is identical to Hutzler’s LEMON/LIME SAVER Mark, will cause a
likelihood of confusion, mistake, and deception by confusing consumers as to the source of the
products, and constitutes infringement in violation of Section 32 of the Lanham Act (15 U.S.C.
§ 1114(1)(a)).
nearly identical, or similar to Hutzler’s LEMON/LIME SAVER Mark constitutes unfair
competition in violation of Section 43(a) of the Lanham Act (15 U.S.C. § 1125(a)).
170. Hutzler has no adequate remedy at law because its LEMON/LIME SAVER
the LEMON/LIME SAVER Trademarks, to the irreparable injury of Hutzler.
-29-
173. Hutzler has been damaged by Defendants’ unfair competition and
misappropriation of Hutzler’s LEMON/LIME SAVER Trademarks, in an amount to be
determined at trial. Furthermore, by their infringing acts, Defendants have irreparably harmed
Hutzler and such injury will continue and grow unless Defendants are enjoined by this Court.
COUNT X
Common Law Trademark Infringement – GARLIC SAVER
175. Hutzler has used its GARLIC SAVER Mark in commerce for over nine
years and its GARLIC SAVER Mark is well-known.
176. Hutzler’s GARLIC SAVER Mark enjoys common law rights in Connecticut
and throughout the United States.
177. Defendants’ use of their infringing Garlic Saver mark is identical or nearly
identical to Hutzler’s GARLIC SAVER Mark.
178. Defendants’ use of their infringing Garlic Saver mark for plastic storage
containers is similar in appearance, sound, and meaning to Hutzler’s GARLIC SAVER Mark for
plastic storage containers.
179. Defendants’ use of their infringing Garlic Saver mark for plastic storage
containers create the same or nearly the same commercial impression as to one or more of
Hutzler’s GARLIC SAVER Marks for plastic storage containers.
180. Hutzler and Defendants offer for sale plastic storage containers.
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181. Hutzler and Defendants solicit some of the same potential customers, and
use the same or similar channels of trade to advertise their products.
182. On information and belief, Defendants knew about Hutzler’s GARLIC
SAVER Trademarks prior to their first use of their infringing Garlic Saver mark.
183. Defendants’ use of Hutzler’s identical GARLIC SAVER Mark will cause a
likelihood of confusion, mistake, and deception by creating the false and misleading impression
that Defendants’ goods are connected with or affiliated with, or sponsored, approved, or
authorized by Hutzler.
184. Defendants’ use of their Garlic Saver trademarks will cause a likelihood of
confusion, mistake, and deception by confusing consumers as to the source of the products.
nearly identical, or similar to Hutzler’s GARLIC SAVER Trademark constitutes common law
trademark infringement.
186. As a direct and proximate result of Defendants’ infringement, Hutzler has
reputation.
187. Hutzler has no adequate remedy at law because its Trademarks represent to
the public the identity, reputation, and goodwill of Hutzler such that damages alone cannot fully
compensate Hutzler for Defendants’ misconduct.
the GARLIC SAVER Mark, to the irreparable injury of Hutzler.
-31-
competition of its GARLIC SAVER Mark, in an amount to be determined at trial. Furthermore,
by their infringing acts, Defendants have irreparably harmed Hutzler and such injury will continue
and grow unless Defendants are enjoined by this Court.
COUNT XI
Unfair Trade Practices Under Connecticut Law
192. Defendants have advertised, sold, offered for sale, and/or distributed
products in the State of Connecticut that infringe Hutzler’s ONION SAVER, TOMATO SAVER,
LEMON/LIME SAVER, and GARLIC SAVER Marks.
193. Defendants have engaged in unfair methods of competition and unfair or
deceptive acts or practices in the conduct of trade in violation of the Connecticut Unfair Trade
Practices Act (Conn. Gen. Stat. § 42-110b(a)).
194. Defendants’ unfair competition and unfair or deceptive trade practices
offend public policy as established by Conn. Gen. Stat. § 42-110b.
195. Defendants’ unfair competition and unfair or deceptive trade practices are
immoral, unethical, oppressive, or unscrupulous.
196. Defendants’ unfair competition and unfair or deceptive trade practices have
caused and will continue to cause substantial injury to consumers by confusing consumers as to
the source of the products.
197. Defendants’ unfair competition and unfair or deceptive trade practices have
caused and will continue to cause substantial injury to Hutzler in its business.
-32-
198. As a result of Defendants’ unfair competition and unfair or deceptive trade
practices, Hutzler has suffered an ascertainable loss of money.
Hutzler’s ONION SAVER, TOMATO SAVER, LEMON/LIME SAVER, and GARLIC SAVER
Marks, to the irreparable injury of Hutzler.
COUNT XII
Unfair Competition Under Connecticut Common Law
202. Defendants have used their infringing Onion Saver, Tomato Saver,
Lemon/Lime Saver, and Garlic Saver marks in the State of Connecticut.
203. Defendants’ use of their infringing marks is identical or nearly identical to
Marks.
204. Defendants’ use of their infringing marks is so similar to Hutzler’s ONION
SAVER, TOMATO SAVER, LEMON/LIME SAVER, and GARLIC SAVER Marks that any
person exercising reasonable care would be likely to mistake one for the other.
205. Defendants have engaged in unfair competition in violation of the common
law of the State of Connecticut.
206. Defendants’ acts of unfair competition have caused and will continue to
cause substantial injury to Hutzler in its business.
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Marks, to the irreparable injury of Hutzler.
WHEREFORE, plaintiff Hutzler demands judgment against defendants Cuisinart
and Conair as follows:
(1) Adjudging that Defendants’ products infringe the ‘463, ‘082, and ‘114
Patents;
(2) Adjudging that Defendants’ infringement of the ‘463, ‘082, and ‘114
Patents was willful and deliberate, and deeming this case exceptional under 35 U.S.C. § 285;
(3) Adjudging that Defendants’ use of the ONION SAVER, TOMATO
SAVER, LEMON/LIME SAVER, and GARLIC SAVER names constitutes counterfeiting;
(4) Adjudging that Defendants’ counterfeiting was willful and deliberate;
(5) Adjudging that Defendants’ use of the ONION SAVER, TOMATO
SAVER, LEMON/LIME SAVER, and GARLIC SAVER names constitutes trademark
infringement and unfair competition;
(6) Adjudging that Defendants’ trademark infringement and unfair competition
was willful and deliberate, and deeming this case exceptional under 35 U.S.C. § 285;
(7) Adjudging Defendants to have engaged in unfair trade practices in violation
of the Connecticut Unfair Trade Practices Act (Conn. Gen. Stat. § 42-110b);
(8) Adjudging Defendants to have engaged in unfair competition with Hutzler;
-34-
(9) Permanently enjoining Defendants, their subsidiaries, affiliates, parents,
successors, assigns, officers, agents, servants, employees, attorneys, and all persons acting in
concert or in participation with Defendants, from infringing or inducing infringement of the ‘463,
‘082, and ‘114 Patents and, specifically, from directly or indirectly making, using, selling, or
offering for sale any products embodying the inventions of the ‘463, ‘082, and ‘114 Patents during
their terms, without the express written authority of Hutzler;
concert or in participation with Defendants:
(a) From using ONION SAVER, TOMATO SAVER, LEMON/LIME
SAVER, and GARLIC SAVER alone or with any other term or design as a trade name or
trademark, or domain name, or any trade name, trademark, or domain name confusingly similar
thereto, in connection with the sale, offer for sale, distribution, advertisement, or any other use in
connection with plastic storage containers;
(b) From infringing Hutzler’s Trademarks;
(c) From otherwise engaging in unfair competition with Hutzler in the
offering for sale, distribution, and advertisement of plastic storage containers;
(d) From falsely representing itself or its products as being connected
with Hutzler or sponsored by or associated with Hutzler or engaging in any act which is likely to
cause the trade, contractors, customers, and/or members of the purchasing public to believe that
Defendants are associated with Hutzler;
-35-
(e) From using any reproduction, counterfeit, copy, or colorable
imitation of Hutzler federal or common law trademarks in connection with the publicity,
promotion, sale, or advertising of plastic storage containers; and
(f) From assisting, aiding, or abetting any other person or business
entity in engaging in or performing any of the activities referred to in subparagraphs (a) through
(e) above;
concert or in participation with Defendants, from engaging in unfair competition with Hutzler and
its Food Saver Line, and specifically, from directly or indirectly making, using, selling or offering
for sale any products embodying the inventions of the Patents or utilizing Hutzler’s Patents during
their terms or the Food Saver Line, or without the express written authority of Hutzler, or from
directly or indirectly making, using, selling or offering for sale any products branded with
Trademarks;
(12) Ordering that Defendants expressly abandon any trademark, trade name, or
business name filings or registrations that comprise or include the terms ONION SAVER,
TOMATO SAVER, LEMON/LIME SAVER, and GARLIC SAVER, which they have made or
secured;
(13) Ordering that, on or before thirty days after the entry and service of an
injunction, Defendants serve and file a written report under oath setting forth in detail the manner
and form in which they have complied with the injunction;
-36-
(14) Awarding Hutzler damages in connection with Counts I through III in an
amount to be determined at trial, and the trebling thereof, pursuant to 35 U.S.C. § 284 or,
alternatively, damages in connection with Counts I through III pursuant to 35 U.S.C. § 289 based
on an accounting of Defendants’ profits derived from their acts of infringement;
(15) Awarding Hutzler damages in connection with Counts IV through IX in an
amount to be determined at trial, and the trebling thereof, pursuant to 15 U.S.C. § 1117 or,
alternatively, statutory damages in connection with Counts IV through VI pursuant to
15 U.S.C. § 1117(c), for Defendants’ intentional and willful violations of 15 U.S.C. § 1114(1)(a);
(16) Awarding Hutzler damages in connection with Count XI for Defendants’
violations of the Connecticut Unfair Trade Practices Act pursuant to Conn. Gen. Stat. § 42-110g;
(17) Awarding Hutzler damages in connection with Counts X and XII in an
amount to be determined at trial;
(18) Awarding Hutzler its costs pursuant to 35 U.S.C. § 284, 15 U.S.C. § 1117,
and Conn. Gen. Stat. § 42-110g(d) and its reasonable attorneys’ fees pursuant to 35 U.S.C. § 285,
15 U.S.C. § 1117, and Conn. Gen. Stat. § 42-110g(d);
(19) Awarding such other and further relief as the Court deems just and proper
under the circumstances.
-37-
New York, New York

January 17, 2018
Respectfully submitted,
CURTIS, MALLET-PREVOST,
COLT & MOSLE LLP
By:_/s/ Turner P. Smith________

Turner P. Smith, ct24359
101 Park Avenue
New York, New York 10178
Tel: (212) 696-6000
Fax: (212) 697-1559
tsmith@curtis.com
Attorneys for Plaintiff
-38-
30546214
Case 3:18-cv-00101 Document 1-1 Filed 01/17/18 Page 1 of 6
EXHIBIT 1
111111 1111111111111111111111111111111111111111111111111111111111111
USOOD592463S
c12) United States Design Patent (10) Patent No.: US D592,463 S

Ehrenhaus et al. (45) Date of Patent: ** May 19, 2009
(54) GARLIC CONTAINER D436,855 S * 112001 Papiernik ..................... D9/428
D519,376 S * 4/2006 Ames .......................... D7/615
(75) Inventors: Rich Ehrenhaus, New York, NY (US); D538,114 S * 3/2007 Kolano ........................ D7 /628
Colin F. Gentle, Brooklyn, NY (US)
* cited by examiner
(73) Assignee: Hutzler Manufacturing Co., Inc., Primary Examiner-Terry A Wallace
Canaan, CT (US) (74) Attorney, Agent, or Firm-Michael J. Striker
(**) Term: 14 Years (57) CLAIM
(21) Appl. No.: 29/283,424 The ornamental design for a garlic container, as shown and
described.
(22) Filed: Aug. 14, 2007
(51) LOC (9) Cl. .................................................. 07-01 DESCRIPTION

(52) U.S. Cl. ......................................... D7/613; D7/628 FIG. 1 is a front perspective view of a garlic container show-
(58) Field of Classification Search .......... D7/612-615, ing our new design;
D7/628, 602, 606; D9/643, 644, 428, 429; FIG. 2 is a top view thereof;
206/457; 220/780-806, 4.21
FIG. 3 is a front view thereof;
See application file for complete search history.
FIG. 4 is a rear view thereof;
(56) References Cited
FIG. 5 is a right side view thereof;
U.S. PATENT DOCUMENTS FIG. 6 is a left side view thereof;
D196,985 S * 1111963 Schnering et al ............. D9/644 FIG. 7 is a bottom view thereof; and,
D267,396 S * 12/1982 McDuffee eta!. ............ D9/429
FIG. 8 is an interior surface of the bottom portion in an open
4,795,033 A * 111989 Duffy ......................... 206/457
D319,009 s * 8/1991 Astrab, Jr. .................... D9/644 position.
D349,643 s * 8/1994 Szymanski ................... D9/644
D409,052 S * 5/1999 Terranova .................... D7/615 1 Claim, 4 Drawing Sheets
U.S. Patent May 19,2009 Sheet 1 of 4 US D592,463 S
FIG .1
FIG.2
FIG.3
FIG.4
FIG.5
FIG.6
U.S. Patent May 19, 2009 Sheet 4 of 4 US D592,463 S
FIG. 7
FIG.8
EXHIBIT 2
111111 1111111111111111111111111111111111111111111111111111111111111
USOOD562082S
c12) United States Design Patent c1o) Patent No.: US D562,082 S

Ehrenhaus et al. (45) Date of Patent: ** Feb. 19, 2008
(54) TOMATO KEEPER 4,795,033 A * 111989 Duffy ......................... 206/457
D334,865 s * 4/1993 Munch ........................ D7/539
(75) Inventors: Rich Ehrenhaus, New York, NY (US); D420,915 S * 212000 Reidenbach ................. D9/645
Colin F. Gentle, Brooklyn, NY (US) D442,834 S * 5/2001 Perez .......................... D7 /628
(73) Assignee: Hutzler Manufacturing Co., Inc., * cited by examiner

Canaan, CT (US) Primary Examiner-Terry A Wallace
(74) Attorney, Agent, or Firm-Michael J. Striker
(**) Term: 14 Years
(57) CLAIM
(21) Appl. No.: 29/278,011
The ornamental design for a tomato keeper, as shown and
(22) Filed: Mar. 16, 2007 described.
(51) LOC (8) Cl. ................................................. 07-01
DESCRIPTION
(52) U.S. Cl. ....................................................... D7/628
(58) Field of Classification Search ................. D7/628, FIG. 1 is a perspective view of a tomato keeper showing our
D7/506, 539, 544; D9/643-645; 206/457; new design;
220/780--799, 805 FIG. 2 is a top view thereof;
See application file for complete search history. FIG. 3 is a side view thereof;
(56) References Cited FIG. 4 is the opposite side view of FIG. 3 thereof;
U.S. PATENT DOCUMENTS FIG. 5 is a front view thereof; which is a mirror image of the
rear view thereof; and,
D103,032 S * 2/1937 Burna .......................... D7/502
FIG. 6 is a bottom view thereof.
2,830,731 A * 4/1958 Munao ........................ 222/78
D193,690 S * 9/1962 Hayes ......................... D9/645
D273,652 S * 5/1984 Lederman eta!. ........... D7/539 1 Claim, 2 Drawing Sheets
U.S. Patent Feb.19,2008 Sheet 1 of 2 US D562,082 S
FIG. 1
FIG. 2
FIG. 3
U.S. Patent Feb. 19,2008 Sheet 2 of 2 US D562,082 S
FIG. 4
FIG. 5
FIG. 6
EXHIBIT 3
111111 1111111111111111111111111111111111111111111 11111111111
USOOD538114S
c12) United States Design Patent c1o) Patent No.: US D538,114 S

Kolano (45) Date of Patent: ** Mar. 13, 2007
(54) ONION CONTAINER D319,009 S * 8/1991 Astrab, Jr.................... D9/644

D349,643 S * 8/1994 Szymanski ................... D9/644
(75) Inventor: William Kolano, Pittsburgh, PA (US) D436,855 S * 112001 Papiernik ..................... D9/428
(73) Assignee: Hutzler Manfacturing Co., Inc., * cited by examiner

Canaan, CT (US)
Primary Examiner-Terry A. Wallace
(**) Term: 14 Years (74) Attorney, Agent, or Firm-Michael j. Striker
(21) Appl. No.: 29/259,206 (57) CLAIM
(22) Filed: May 4, 2006 The ornamental design for an onion container, as shown and
described.
(51) LOC (8) Cl. .................................................... 07-01
(52) U.S. Cl. .......................................... D7/628; D9/644 DESCRIPTION
(58) Field of Classification Search .................. D7/628,
FIG. 1 is a top view of an onion container showing my new
D7/612-615, 602, 629; D9/643, 644; 206/457;
design;
220/780-806, 4.21
See application file for complete search history. FIG. 2 is a side view thereof, which is also a mirror image
of the opposite side view thereof; and,
(56) References Cited FIG. 3 is a bottom view thereof.
U.S. PATENT DOCUMENTS
D196,985 S * 11/1963 Schnering eta!. ........... D9/644 1 Claim, 1 Drawing Sheet
U.S. Patent Mar.13,2007 US D538,114 S

EXHIBIT 4
Onion Saver
Reg. No. 3,886,426 HUTZLER MANUFACTURING CO., INC. (NEW YORK CORPORATION)
4GRACEWAY
Registered Dec. 7, 2010 CANAAN, CT 06018
Int. Cl.: 21 FOR: CONTAINERS FOR HOUSEHOLD OR KITCHEN USE; HOUSEHOLD CONTAINERS
FOR FOODS; PLASTIC STORAGE CONTAINERS FOR HOUSEHOLD OR DOMESTIC USE;
PLASTIC STORAGE CONTAINERS FOR HOUSEHOLD USE; PORTABLE PLASTIC CON-
TRADEMARK TAINERS FOR STORING HOUSEHOLD AND KITCHEN GOODS; SERVINGWARE FOR
SERVING FOOD, IN CLASS 21 (U.S. CLS. 2, 13, 23, 29, 30, 33, 40AND 50).
PRINCIPAL REGISTER
FIRST USE 3-1-2006; IN COMMERCE 3-1-2006.
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-

TICULAR FONT, STYLE, SIZE, OR COLOR.
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ONION", APART FROM THE
MARKAS SHOWN.
SER. NO. 85-041,285, FILED 5-18-2010.
SARA BENJAMIN, EXAMINING ATTORNEY
Director of the United States Patent and Trademark Office

EXHIBIT 5
Tomato Saver
4GRACEWAY
Registered Dec. 7, 2010 CANAAN, CT 06018
Int. Cl.: 21 FOR: CON'IA.INERS FOR HOUSEHOLD OR KITCHEN USE; CONTAINERS FOR HOUSEHOLD
USE; HOUSEHOLD CONTAINERS FOR FOODS; PLASTIC STORAGE CONTAINERS FOR
HOUSEHOLD OR DOMESTIC USE; PLASTIC STORAGE CONTAINERS FOR HOUSEHOLD
TRADEMARK USE; PORTABLE PLASTIC CONTAINERS FOR STORING HOUSEHOLD AND KITCHEN
GOODS; SERVINGWARE FOR SERVING FOOD, IN CLASS 21 (U.S. CLS. 2, 13, 23, 29, 30,
PRINCIPAL REGISTER 33, 40 AND 50).

NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "TOMATO", APART FROM

THE MARK AS SHOWN.
SER. NO. 85-041,326, FILED 5-18-2010.
Director of the United States Patent and Trademark Office

EXHIBIT 6
Lemon I Lime Saver
4GRACEWAY
Registered Sep. 11, 2012 cANAAN, cT 06018
Int. Cl.: 21 FOR: CONTAINERS FOR HOUSEHOLD OR KITCHEN USE; CONTAINERS FOR HOUSEHOLD
USE; HOUSEHOLD CONTAINERS FOR FOODS; PLASTIC STORAGE CONTAINERS FOR
HOUSEHOLD OR DOMESTIC USE; PLASTIC STORAGE CONTAINERS FOR HOUSEHOLD
TRADEMARK USE; PORTABLE PLASTIC CONTAINERS FOR STORING HOUSEHOLD AND KITCHEN
GOODS; SERVINGWARE FOR SERVING FOOD, IN CLASS 21 (U.S. CLS. 2, 13, 23, 29, 30,
PRINCIPAL REGISTER 33,40 AND 50).

NO CLAIM IS MADE TOTHEEXCLUSIVERIGHTTOUSE "LEMON /LIME", APART FROM

THE MARK AS SHOWN.
SER. NO. 85-041,309, FILED 5-18-2010.
Director of the United States Patent and rrademark Office

REQUIREMENTS TO MAINTAIN YOUR FEDERAL

TRADEMARK REGISTRATION
WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE

DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requirements in the First Ten Years*

What and When to File:
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the
5th and 6th years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is
accepted, the registration will continue in force for the remainder of the ten-year period, calculated
from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a
federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an
Application for Renewal between the 9th and lOth years after the registration date.*
See 15 U.S.C. §1059.
Requirements in Successive Ten-Year Periods*

What and When to File:
You must file a Declaration ofU se (or Excusable Nonuse) and an Application for Renewal between
every 9th and 1Oth-year period, calculated from the registration date.*
Grace Period Filings*
The above documents will be accepted as timely if filed within six months after the deadlines listed above
with the payment of an additional fee.
The United States Patent and Trademark Office (USPTO) will NOT send you any future notice or
reminder of these filing requirements.
*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with

an extension of protection to the United States under the Madrid Protocol must timely file the Declarations
of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time periods for filing are
based on the U.S. registration date (not the international registration date). The deadlines and grace periods
for the Declarations of Use (or Excusable Nonuse) are identical to those for nationally issued registrations.
See 15 U .S.C. §§ 1058, 1141k. However, owners of international registrations do not file renewal applications
at the USPTO. Instead, the holder must file a renewal of the underlying international registration at the
International Bureau of the World Intellectual Property Organization, under Article 7 of the Madrid Protocol,
before the expiration of each ten-year term of protection, calculated from the date of the international
registration. See 15 U.S. C. § 1141j. For more information and renewal forms for the international registration,
see http://www.wipo.int/madrid/en/.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online
at http://www. uspto .gov.
Page: 2 I RN # 4,204,276
EXHIBIT 7
Hutzler U.S. Patent Cuisinart Garlic Saver

No. D592,463
Figure 1
-1-

No. D592,463
Figure 2
-2-

No. D592,463
Figure 3
-3-

No. D592,463
Figure 4
-4-

No. D592,463
Figure 5
-5-
Cuisinart Garlic Saver

Hutzler U.S. Patent
No. D592,463
Figure 6
-6-

No. D592,463
Figure 7
-7-

No. D592,463
Figure 8
-8-
EXHIBIT 8
Hutzler U.S. Patent Cuisinart Tomato Saver

No. D562,082
Figure 1
-1-
Hutzler U.S. Patent

Cuisinart Tomato Saver
No. D562,082
Figure 2
-2-
Hutzler U.S. Patent

No. D562,082 Cuisinart Tomato Saver
Figure 3
-3-

No. D562,082
Figure 4
-4-

No. D562,082
Figure 5
-5-

No. D562,082
Figure 6
-6-
EXHIBIT 9
Hutzler U.S. Patent

No. D538,114 Cuisinart Onion Saver
Figure 1
-1-
Hutzler Onion Saver Cuisinart Onion Saver
-2-
Hutzler U.S. Patent

Cuisinart Onion Saver
No. D538,114
Figure 2
-3-
Hutzler U.S. Patent Cuisinart Onion Saver

No. D538,114
Figure 3
-4-

Hutzler Mfg. v. Conair - Complaint

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Hutzler Mfg. v. Conair - Complaint

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Case 3:18-cv-00101 Document 1 Filed 01/17/18 Page 1 of 38

UNITED STATES DISTRICT COURT

Plaintiff Hutzler Manufacturing Company, Inc. (“Hutzler”), for its complaint

against defendants Conair Corporation (“Conair”) and Cuisinarts Corporation (“Cuisinart”)

(together, “Defendants”) alleges as follows:

NATURE OF THE ACTION

competition under Connecticut law.

2. Plaintiff Hutzler is a corporation organized and existing under the laws of

3. On information and belief, defendant Conair is a corporation organized and

business in this judicial district.

4. On information and belief, defendant Cuisinart is a corporation organized

JURISDICTION AND VENUE

15 U.S.C. § 1121 and 28 U.S.C. §§ 1331, 1338, and 1367.

7. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b), (c),

8. This is an action to enforce and protect a valuable array of intellectual

property rights belonging to plaintiff. Plaintiff is a manufacturer and distributor of housewares;

9. Defendants Conair and Cuisinart, both direct competitors of Hutzler, have

10. Hutzler, a manufacturer and distributor of housewares, has been family

owned and operated since 1938.

fiberglass-reinforced nylon utensils. In the 1980s, Hutzler began manufacturing unique,

innovative baking gadgets.

targeted investments to move up the innovation ladder in order to compete.

79 percent of Food Saver Line domestic sales.

The Garlic Saver Patent

The Tomato Saver Patent

force and effect.

The Onion Saver Patent

force and effect.

The ONION SAVER Trademark

kitchen goods; Servingware for serving food.”

Mark, which is in full force and effect.

Hutzler’s “ONION SAVER Trademarks.”

The TOMATO SAVER Trademark

TOMATO SAVER Mark which is in full force and effect.

as Hutzler’s “TOMATO SAVER Trademarks.”

The LEMON/LIME SAVER Trademark

the LEMON/LIME SAVER Mark, which is in full force and effect.

referred to here as Hutzler’s “LEMON/LIME SAVER Trademarks.”

The GARLIC SAVER Trademark

before Defendants began selling their plastic storage container products.

Defendants’ Acts of Patent and Trademark Infringement,

33. As explained in more detail below, Defendants have engaged in acts of

and misappropriating Hutzler’s protected trademarks.

34. On information and belief, based on Hutzler’s status as a market leader,

Defendants’ Patent Infringement

37. On information and belief, the infringing containers constitute a small

percentage of all of Defendants’ product lines.

Infringement of the Garlic Saver Patent

of Figure 2 of the ‘463 Patent and Defendants’ garlic container.

Defendants’ garlic container.

Defendants’ garlic container.

Infringement of the Tomato Saver Patent

45. The Tomato Saver product manufactured and distributed by Hutzler

distributed by Defendants is clearly and unmistakably manufactured to be identical to the design

embodied in the ‘082 Patent.

the ‘082 Patent and Defendants’ tomato container.

Defendants’ tomato container.

Patent and Defendants’ tomato container.

Infringement of the Onion Saver Patent

of Hutzler’s Onion Saver and Defendants’ onion container.

Patent and Defendants’ onion container.

of Figure 3 of the ‘114 Patent and Defendants’ onion container.

Defendants’ Counterfeiting and Trademark Infringement

SAVER trademark; and (d) the GARLIC SAVER trademark.