30 Watt Holdings v. Tech and Goods - Complaint

CASE 0:18-cv-03013 Document 1 Filed 10/25/18 Page 1 of 19
UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA
DIVISION 3—ST. PAUL
§
§ Case No. ____________
30 WATT HOLDINGS, INC., §
§ COMPLAINT
Plaintiff, §
§ 1. Declaratory Relief
-v- § 2. Federal Unfair Competition
§ 3. Common Law Unfair Competition
TECH AND GOODS, INC., and DOES 1
§ 4. Unlawful Trade Practices
through 10,
§ 5. Deceptive Trade Practices
§ 6. Tortious Interference with Business
Defendant. § Relations
§ 7. Tortious Interference with Contract
§
§ DEMAND FOR JURY TRIAL
§
Plaintiff 30 Watt Holdings, Inc. for its Complaint against Defendant Tech and Goods, Inc. and DOES 1
THROUGH 10, alleges as follows:
INTRODUCTION
1. This is an action for unfair competition under common law and the Lanham Act, 15 U.S.C.
§ 1051, et seq, unlawful trade practices under Minnesota Unlawful Trade Practices Act, Minn. Stat. §
325D.09 et seq., deceptive trade practices under the Minnesota Deceptive Trade Practices Act, Minn. Stat.
§ 325D.43 et seq., tortious interference with business relations and contractual relations, and declaratory
relief under the Declaratory Judgement Act seeking a declaration of the Court that Plaintiff has not violated
any rights of Defendant by virtue of its use of the generic wording “shower beer” for beer holder bath
accessories or related goods and services, its patented design or its trademarks. Plaintiff seeks injunctive
relief restraining Defendant’s continued misuse of its patents and trademarks to prevent Plaintiff from
selling competitive goods, monetary damages, attorneys’ fees and costs, declaratory relief and such other
30 WATT HOLDINGS, INC.’S COMPLAINT -1-

relief as shall be deemed just and proper by the Court.
THE PARTIES
2. Plaintiff 30 Watt Holdings, Inc. (“Plaintiff” or “30 Watt”) is a corporation organized and
existing under the laws of Minnesota, with a principal place of business of 600 Washington Avenue,
Minneapolis, Minnesota 55401.
3. On information and belief, Defendant Tech and Goods, Inc. (“Defendant” or
“SipCaddy”) is a Georgia corporation doing business as SipCaddy with an address at 2107 North Decatur
Road, #156, Decatur, Georgia 30033.
4. The true names and capacities, whether individual, corporate, associate or otherwise, of
Defendants DOES 1 through 10, inclusive, are unknown to Plaintiff, who therefore sues said Defendants
by such fictitious names (collectively with Defendant SipCaddy referred to as “Defendants”). Plaintiff
will seek leave of the Court to amend this Complaint when the names and capacities of said Defendants
have been ascertained.
5. Plaintiff is informed and believes, and on such information and belief alleges, that at all
times herein mentioned Defendants DOES 1 through 10, inclusive, were the agents, employees, servants,
consultants, principals, employers or masters of each of their Co-Defendants and each Defendant has
ratified, adopted or approved the acts or omissions hereinafter set forth of the remaining Defendants, and
each and every Defendant. Plaintiff is further informed and believes, and on such information and belief
alleges, that each of these fictitiously named Defendants is responsible in some manner for acts and/or
omissions herein alleged.
JURISDICTION AND VENUE
6. This Court has subject matter jurisdiction under 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331,
1338 of claims for patent and trademark infringement arising under the federal Lanham Act and United

States patent law.
7. The Court further has subject matter jurisdiction over actions for declaratory judgment
under 28 U.S.C. § 2201(a) on grounds that Defendant’s coercive actions, as set forth in more detail below,
necessarily presents a federal question under federal patent and trademark laws.
8. The Court has pendant jurisdiction over the related unfair competition claims under 28
U.S.C. § 1338(b) and supplemental jurisdiction under 28 U.S.C. § 1367(a) since the claims for unlawful
trade practices, deceptive trade practices and tortious interference are so related to the infringement claims
that they form part of the same case or controversy.
9. This Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332 because this is a civil
action between citizens of different States and the amount in controversy exceeds seventy-five thousand
dollars ($75,000), exclusive of costs and interests.
10. This Court has personal jurisdiction over Defendant and venue is proper in this Judicial
District pursuant to 28 U.S.C. § l391(b) and Minn. Stat. § 543.19 because, inter alia, (a) Defendant and/or
its agents are doing business in this District; (b) events giving rise to the claims alleged herein occurred
or will occur in interstate commerce, in the State of Minnesota, and in this District; and (c) Defendant
and/or its agents have purposefully availed themselves of the opportunity to conduct commercial activities
in this forum.
FACTS COMMON TO ALL CLAIMS
11. Since 2009, Plaintiff has produced, sold, and distributed glassware, portable beverage
containers, bottle openers, coasters and gift boxes, among other products, throughout the United States.
12. In 2017, Plaintiff launched a product called SUDSKI that is primarily used to hold beer
cans or bottles in the shower or bath. Plaintiffhas been using the mark SUDSKI (the “SUDSKI Mark”)
in commerce in connection with this bath accessory cup holder since November 2, 2017.

13. Plaintiff owns U.S. Registration No. 5460777 for SUDSKI in International Class 021 for
“bath accessories, namely, cup holders” (the “SUDSKI Registration.”). Attached hereto as Exhibit A is
a true and correct copy of U.S. Registration No. 5460777.
14. The specimen filed with the United States Patent & Trademark Office (“USPTO”) shows
use of the SUDSKI Mark with the descriptive term “shower beer holder.” Attached hereto as Exhibit B
is a true and correct copy of the specimen filed with the USPTO on Feb. 20, 2018.
15. Plaintiff also owns U.S. Application Serial No. 87920605 for SIPSKI in International Class
021 for “bath accessories, namely, cup holders” (the “SIPSKI Application.”).
16. The SIPSKI Application was allowed on September 18, 2018 and Plaintiff filed a
Statement of Use on September 26, 2018. Attached hereto as Exhibit C is a true and correct copy of the
Notice of Allowance issued by the USPTO on Sept. 18, 2018 and as Exhibit D a true and correct copy of
the Statement of Use filed with the USPTO on Sept. 26, 2018.
17. Plaintiff has been using the mark SIPSKI (the “SIPSKI Mark”) in commerce in
connection with a bath accessory cup holder since September 18, 2018. SIPSKI goods are primarily used
to hold wine glasses in a shower or bath.
18. Plaintiff has invested significant time, money and effort in developing and promoting its
SIPSKI and SUDSKI products (collectively the “‘SKI Products”) and marks (collectively, the “‘SKI
Marks”) for bath accessory cup holders. The ‘SKI Marks are recognized and relied on by consumers as
identifying Plaintiff’s goods and services and as distinguishing them from the goods and services of others
and have come to represent and symbolize Plaintiff’s valuable goodwill. Indeed, Plaintiff’s products have
received widespread recognition in national publications, including People, Food Network, Country
Living, Good Housekeeping, Better Homes & Gardens, Bustle, Pop Sugar, Hello Giggles, Elite Daily,
among others.

19. Plaintiff has further invested time and money to lawfully license the suction elements of
its ‘SKI Products from Tooletries Pty. Ltd. (“Tooletries”). Tooletries filed International Patent
Application No. PCT/AU2016/050606 on July 12, 2016 with a priority date of September 23, 2015 and
publication date of March 30, 2017. Attached hereto as Exhibit E is a true and correct copy of patent
application no. PCT/AU2016/050606 (the “Tooletries Patent”).
20. Defendant sells a product called SIPCADDY, which is a direct competitor of the SUDSKI
and SIPSKI products.
21. Defendant owns U.S. Registration No. 5259338 for SHOWERBEER and U.S. Registration
No. 5328120 for SHOWER BEER, both in International Class 021 for “Bath accessories, namely, cup
holders.” Attached hereto as Exhibits F-G are true and correct copies of U.S. Registration Nos. 5259338
and 5328120. Hereinafter, Registrations Nos. 5259338 and 5328120 will be collectively referred to as the
“SHOWER BEER Registrations” and the SHOWER BEER and SHOWERBEER marks as the
“SHOWER BEER Marks.”
22. Defendant also owns U.S. Registration No. 5259509 for SHOWER WINE and U.S.
Registration No. 5259508 for SHOWERWINE, both in International Class 021 for “Bath accessories,
namely, cup holders.” Attached hereto as Exhibits H-I are true and correct copies of U.S. Registration
Nos. 5259509 and 5259508. Hereinafter, Registrations Nos. 5259509 and 5259508 will be collectively
referred to as the “SHOWER WINE Registrations” and the SHOWER WINE and SHOWERWINE
marks as the “SHOWER WINE Marks.”
23. When Defendant filed the above-referenced trademark applications, it had no bona fide use
of the marks because the marks were descriptive, generic, merely ornamental and/or merely informational
and Defendant thus knowingly had no exclusive rights to use the marks.
24. In fact, the specimens filed by Defendant with the USPTO in connection with U.S.

Registration Nos. 5259509, 5259508, 5259338 and 5328120 (collectively, the “Disputed Registrations”)
themselves identify the marks as descriptive as evidenced by the fact that the wording is listed below the
heading “Description.” Attached hereto as Exhibits J-M are true and correct copies of specimens filed
with the USPTO in connection with the Disputed Registrations.
25. Defendant also claims ownership of design patent nos. D794398 and D779284 (the
“SipCaddy Design Patents”) for its SipCaddy products. Attached hereto as Exhibits N-O are true and
correct copies of design patents nos. D794398 and D779284.
26. Defendant and Plaintiff are in the same industry and offer for sale competitive products to
the same target customers.
27. Defendant and Plaintiff advertise, distribute, and/or sell their bath accessory products in
the same or similar trade channels.
28. On or around September 22, 2018, Defendant filed two complaints (Complaint ID Nos.
5381095681 and 5381956141) with Plaintiff’s retailer Amazon demanding that it cease sales of Plaintiff’s
SUDSKI goods on grounds that the SUDSKI goods infringed Defendant’s SHOWER BEER mark. Based
on Defendant’s SHOWER BEER registration, Amazon thereafter removed listings bearing the SUDSKI
goods, causing, and continuing to cause, Plaintiff lost sales and revenues. Attached hereto as Exhibits P-
Q are true and correct copies of notices of complaints sent by Amazon on Sept. 22, 2018.
29. On or around September 24, 2018, Defendant sent correspondence to Plaintiff’s
manufacturer, Tooletries, alleging that sales of products under the ‘SKI Marks infringe Defendant’s
trademarks, specifically the Disputed Registrations, and the SipCaddy Design Patents. Attached hereto
as Exhibit R is a true and correct copy of correspondence dated September 24, 2018 to Tooletries.
30. On September 26, 2018, Plaintiff sent Defendant correspondence notifying Defendant that
the above-referenced complaints constitute trademark and patent misuse and its sales of goods bearing the

‘SKI Marks were non-infringing.
31. On or around September 28, 2018, Defendant’s counsel sent correspondence to Plaintiff’s
counsel alleging that Plaintiff’s SIPSKI mark was confusingly similar to Defendant’s SIPCADDY mark
and that it would file a petition for cancellation of the SIPSKI mark with the TTAB.
32. Defendant thereafter refused to withdraw the above-referenced complaints filed with
Amazon or surrender its generic trademark registrations. Instead, Defendant continued to file additional
complaints, including Complaint ID No. 5410282981 filed on October 3, 2018 against the same listing
that had already been re-instated by Amazon and Complaint ID No. 5413146131 (which Plaintiff did not
receive) filed on or around October 3, 2018 against the same listings identified in prior complaints.
Attached hereto as Exhibits S is a true and correct copy of the notice of Complaint ID. No. 5410282981
sent by Amazon on Oct. 3, 2018.
33. As such, on October 10, 2018, Plaintiff filed a Petition to Cancel the Disputed Registrations
with the Trademark Trial and Appeal Board (Cancellation No. 92069690) on grounds that Defendant’s
SHOWER BEER Marks and SHOWER WINE Marks are merely descriptive, generic and/or merely
informational and thus not entitled to federal registration.
34. Plaintiff will be damaged by Defendant’s continued registration of the SHOWER BEER
Marks and SHOWER WINE Marks because the registrations will create a cloud on the lawful right of the
Plaintiff to adopt and use the term “shower beer” or “shower wine” descriptively for bath accessory cup
holders. Therefore, the Disputed Registrations are a source of damage and injury to Plaintiff.
35. Further Plaintiff will be damaged by any potential cancellation of its SIPSKI mark based
on Defendant’s meritless claim that there is a likelihood of confusion between the SIPSKI and
SIPCADDY marks.
36. Plaintiff has been damaged and will continue to be damaged by the removal of its products

on third party retail sites, namely Amazon, especially as Plaintiff enters peak retail “season.” Plaintiff is
losing sales each day its listings are inactive with Amazon based on Defendant’s meritless complaints and
misuse of its intellectual property to force the removal of competing products on Amazon.
37. Plaintiff is informed and believes, and thereon alleges, that Defendant will continue to
misuse its intellectual property in an unfair, anti-competitive manner unless enjoined from such use.
Unless restrained and enjoined, Defendant will continue to engage in the acts complained of herein,
causing irreparable damage to Plaintiff. Plaintiff’s remedy at law is not adequate to compensate Plaintiff
for all the injuries resulting from Defendant’s actions.
FIRST CLAIM FOR RELIEF

DECLARATORY JUDGEMENT
28 U.S.C. § 2201
38. Plaintiff re-alleges each and every allegation set forth in Paragraphs 1 through 37 inclusive,
and incorporates the said allegations as though fully set forth herein.
39. Plaintiff seeks a declaration pursuant to 28 U.S.C. § 2201 that: (1) Plaintiff’s use of the
generic wording “shower beer” and “shower wine” does not violate any trademarks rights, or any other
rights, of Defendant; (2) Plaintiff’s sales of goods under the ‘SKI Marks do not infringe any patents of
Defendant; and (3) there is no likelihood of confusion between Plaintiff’s SIPSKI mark and Defendant’s
SIPCADDY mark and Plaintiff’s use of the SIPSKI mark does not infringe any trademarks of Defendant.
40. An actual controversy exists between the parties relating to Plaintiff’s ability to continue
use of the generic wording “shower beer,” as well as the promotion, distribution and sale of beer holder
bath accessories incorporating the same, without incurring liability to Defendant for alleged violation of
any intellectual property rights.
use of its design patent without incurring liability to Defendant for alleged violation of any intellectual
property rights.

use of the distinctive mark SIPSKI, as well as the promotion, distribution and sale of cup holder bath
accessories incorporating the same, without incurring liability to Defendant for alleged violation of any
intellectual property rights.
43. A declaratory judgment is necessary in that Defendant contends, and Plaintiff denies, that
the sale of goods under the ‘SKI Marks by Plaintiff or its licensors/licensees violates Defendant’s
intellectual property rights.
44. There is simply no likelihood of confusion between Plaintiff’s SIPSKI mark and
Defendant’s SIPCADDY mark and thus Plaintiff’s SIPSKI mark does not infringe any trademark owned
by Defendant.
45. Plaintiff will be damaged by having to incur costs in defending against any cancellation of
its SIPSKI mark based on a meritless claim that there is a likelihood of confusion between the SIPSKI
and SIPCADDY marks.
46. Plaintiff’s goods bearing the ‘SKI marks use patented adhesive technology owned by
Plaintiff’s manufacturer, Tooletries.
47. To the extent Defendant asserts any patent rights based on design patent nos. D779284 and
D794398, neither design patent claims the right to the suction portion of the product. Further, the
ornamental design elements purportedly claimed by Defendant, namely the non-suction cup portion, are
entirely different than Plaintiff’s cup holder, as evidenced by the following side-by-side imagery:
SUDSKI Side Angle SIPSKI Side Angle SIPCADDY Side Angle

48. Accordingly, Plaintiff’s goods bearing the ‘SKI Marks do not infringe any design patent
owned by Defendant.
49. The Disputed Registrations are not entitled to registration and thus Plaintiff’s use of the
descriptive wording “shower beer” and “shower wine” does not infringe any trademark rights.
50. Pursuant to 15 U.S.C. § 1052(e), a trademark shall be refused registration if it consists of
a mark which, “when used on or in connection with the goods of the applicant is merely descriptive or
deceptively misdescriptive of them[.]”
51. A term is merely descriptive if, for the average relevant consumer, the term immediately
describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods.
In re Steelbuilding.com, 415 F.3d 1293, 1297 (Fed. Cir. 2005) (emph. added).
52. The term “shower beer” is widely-used to describe a beer consumed in the shower and
specifically describes a function, feature, purpose and use of Defendant’s goods, namely a shower beer
holder. As such, use of “shower beer” (or “showerbeer”) for an accessory that holds a shower beer is
merely descriptive of the goods and Defendant’s SHOWER BEER Marks are not entitled to federal
registration.
53. Similarly, the term “shower wine” is used to describe a wine consumed in the shower and
specifically describes a function, feature, purpose and use of Defendant’s goods, namely a shower wine
holder. As such, use of “shower wine” (or “showerwine”) for an accessory that holds a shower wine is
merely descriptive of the goods and Defendant’s SHOWER WINE Marks are not entitled to federal
registration.
54. Pursuant to 15 U.S.C. § 1064(3), a registration is subject to cancellation “[a]t any time if
the registered mark becomes the generic name for the goods or services, or a portion thereof[.]
55. The term “shower beer” has become generic in that the primary significance of the term to

the relevant public is the name for a beer consumed in the shower and the term “shower beer holder” is
perceived by the general public as a generic term for a shower beer container.
56. The term “shower wine” has also become generic in that the primary significance of the
term to the relevant public is the name for a wine consumed in the shower and the term “shower wine
holder” is perceived by the general public as a generic term for a shower wine container.
57. Because “shower beer” and “shower wine” are commonly-used for goods offered in
association with cup holder bath accessories, as evidenced by many third parties’ use (e.g., Shower Beer
Buddy, Shakoolie, and others for shower beer holders and Bath Essences, Carry360 and others for shower
wine holders), these marks are incapable of source identification with respect to these goods and therefore
generic and free for all to use. Accordingly, the SHOWER WINE and SHOWER BEER Marks are not
entitled to federal registration.
58. Further, the Disputed Marks are also not entitled to registration because the marks are
merely informational in nature and/or merely ornamental and do not function as trademarks.
59. Pursuant to 15 U.S.C. § 1127, “use” of a mark means the bona fide use of such mark made
in the ordinary course of trade and not made merely to reserve a right in a mark.
60. Defendant has not had any bona fide intent to use and does not intend to commence bona
fide use of the SHOWER WINE Marks and SHOWER BEER Marks in the ordinary course of trade and
the Disputed Registrations were submitted merely to reserve rights in the mark. Accordingly, the Disputed
Registrations are void ab initio.
61. This Court has jurisdiction over Plaintiff’s request that the Disputed Registrations be
cancelled pursuant to 15 U.S.C. § 1119.Continued registration of the Disputed Registrations will result in
damage to Plaintiff and create a cloud on the lawful right of Plaintiff to adopt and use the merely
descriptive, generic and/or merely informational term “shower beer” and/or “shower wine.”

SECOND CLAIM FOR RELIEF

FEDERAL UNFAIR COMPETITION
15 U.S.C. §§ 1125(a) et seq.
63. Defendant’s misuse of the Disputed Registrations has resulted in customer confusion or is
likely to result in confusion as to the source of the product and/or sponsorship, ownership or affiliation of
Plaintiff’s products.
64. Defendant’s conduct constitutes false or misleading representation that Defendant owns
exclusive rights to generic words and that all “shower beer holders” originate from, or are sponsored,
endorsed, approved, associated, or are authorized by Defendant, in violation of 15 U.S.C. § 1125(a).
65. Plaintiff’s use of “shower beer holder” is intended to help customers understand the product
and accurately describe its products. If Plaintiff cannot accurately describe its product, or its function,
there will be customer confusion. Plaintiff’s right to use the descriptive and generic term “shower beer
holder” to identify its product is both lawful and necessary.
66. Defendant’s attack on competitive goods on false grounds that it owns exclusive rights to
such highly-descriptive terms violates the Lanham Act.
67. Defendant’s attempts to claim exclusive rights to the generic and descriptive wording
“shower beer” in connection with shower beer holders in order to remove competing products on Amazon
constitutes unfair competition.
68. Defendant’s meritless complaints filed with Amazon and misuse of trademarks for clearly
anti-competitive purposes not only hurts Plaintiff but also consumers because consumers are being
deprived of the opportunity to make informed decisions on products.
69. As a result of Defendant’s wrongful conduct, Plaintiff has suffered and will continue to
suffer losses, including, but not limited to, sales revenues illegally and unfairly captured by Defendant

and damage to Plaintiff’s business reputation and goodwill.
70. Defendant’s wrongful acts have proximately caused and/or will continue to cause Plaintiff
substantial injury, including confusion in the marketplace, wrongful association, dilution of its goodwill,
confusion of trade partners and potential customers, injury to its reputation, and diminution in value of its
trademarks, trade dress, and trade name. Plaintiff has been damaged in an amount not yet ascertained and
continues to be damaged.
71. Plaintiff is entitled to recover damages, which include its losses and all profits Defendant
has made as a result of its wrongful conduct, pursuant to 15 U.S.C. § 1117(a).
72. Plaintiff is also entitled to injunctive relief enjoining Defendant’s wrongful conduct
pursuant to 15 U.S.C. § 1116, as it has no adequate remedy at law. Plaintiff is entitled to injunctive relief
as its business reputation and goodwill will be irreparably harmed if Defendant’s wrongful activities
continue and consumers and/or potential consumers and the public are confused and/or are likely to
become further confused.
73. Plaintiff is entitled to attorneys’ fees and costs of suit pursuant to 15 U.S.C. § 1117 and 35
U.S.C. § 285.
THIRD CLAIM FOR RELIEF

COMMON LAW UNFAIR COMPETITION
75. The conduct, practices and activities of Defendant constitute deliberate unfair competition.
76. By reason of the foregoing, Plaintiff is entitled to an injunction preventing Defendant from
engaging in the conduct, practices and activities described in this Complaint, as well as damages in an
amount to be determined.

FOURTH CLAIM FOR RELIEF

UNLAWFUL TRADE PRACTICES ACT
Minn. Stat. 325D.44
78. Defendant has engaged in unlawful trade practices in violation of Minn. Stat. 325D.09 et
seq. because its misuse of its intellectual property to attack competitive goods and stifle competition
creates a cloud on Plaintiff’s valid intellectual property rights and is likely to cause consumer confusion.
79. The conduct, practices and activities of Defendant constitute unlawful trade practices in
violation of Minn. Stat. §§ 325D.12 and 325D.13.
80. On information and belief, Defendant has profited from its unlawful trace practices.
81. As a direct and proximate result of Defendant’s unlawful acts, Plaintiff has suffered and
will continue to suffer losses, including but not limited to sales revenues illegally and unfairly captured
by Defendant and damage to Plaintiff’s business reputation and goodwill.
82. Further, the public is being harmed by Defendant’s unlawful acts because Defendant’s
meritless complaints filed with Amazon, and thus the subsequent removal of competitive goods and/or
descriptive wording, prohibits producers from clearly explaining the function and purpose of their goods
and limits the consumers’ ability to adequately understand and select the goods at issue. Enjoining
Defendant’s actions will benefit the public in general and individual consumers who are seeking clear
descriptions for the goods and services they purchase.
83. By reason of the foregoing, Plaintiff is entitled to an injunction preventing Defendant from
engaging in the conduct, practices and activities described in this Complaint.
84. Pursuant to Minn. Stat. § 325D.15 and § 8.31, subd. 3a, Plaintiff is entitled to recover its
costs and attorneys’ fees.

FIFTH CLAIM FOR RELIEF

DECEPTIVE TRADE PRACTICES
Minn. Stat. 325D.44
86. Defendant has engaged in deceptive trade practices in violation of Minn. Stat. § 325D.44
because its misuse of its intellectual property to attack competitive goods and stifle competition creates a
cloud on Plaintiff’s valid intellectual property rights and is likely to cause consumer confusion.
87. As a direct and proximate result of the likely confusion, mistake, or deception, Plaintiff has
suffered and will continue to suffer irreparable harm if the conduct of Defendant is not enjoined.
88. Pursuant to Minn. Stat. § 325D.45, Plaintiff is entitled to recover its costs and attorneys’
fees.
SIXTH CLAIM FOR RELIEF

TORTIOUS INTERFERENCE WITH BUSINESS RELATIONS
90. The conduct, practices and activities of Defendant constitute unlawful interference with
Plaintiff’s prospective business advantage.
91. Without justification, Defendant intentionally and improperly interfered with Plaintiff’s
prospective contractual relations with Tooletries and Amazon by inducing them not to sell Plaintiff’s
products and preventing third party consumers from buying Plaintiff’s products. Defendant has also
intentionally and improperly prevented Amazon from continuing to sell Plaintiff’s products.
92. Defendant’s tortious conduct includes, but is not limited to, the transmittal of meritless
demand letters to Plaintiff’s manufacturer, Tooletries, in an effort to coerce it to cease production of goods
bearing the ‘SKI Marks.
93. Defendant’s abuse of its trademarks and Amazon’s dispute procedures to remove

Plaintiff’s competing goods from the Amazon marketplace also constitutes tortious interference with
business relations between Plaintiff and Amazon.
94. By demanding that third parties, including Tooletries and Amazon, cease the production
and sales of goods bearing the ‘SKI Marks, Defendant is engaging in improper trade practices and is
improperly interfering with business relations between Plaintiff and Amazon, Plaintiff and Tooletries, and
Plaintiff and the end-users of its products – marketplace customers.
95. Defendant’s actions are without justification and constitute tortious interference with
Plaintiff’s current and future business relationships. Defendant has, and continues to, tortuously interfere
with Plaintiff’s relationship with Tooletries, Amazon and marketplace consumers.
96. By reason of the foregoing, Plaintiff has sustained damages in an amount to be determined.
SEVENTH CLAIM FOR RELIEF

TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONS
98. Without justification, Defendant intentionally and improperly interfered with Plaintiff’s
contractual relations with Tooletries and Amazon by inducing them not to sell Plaintiff’s products and
preventing third party consumers from buying Plaintiff’s products. Defendant has also intentionally and
improperly prevented Amazon from continuing to sell Plaintiff’s products.
99. Defendant was aware of Plaintiff’s contractual obligations with Tooletries and Amazon by
reason of its correspondence to said parties.
100. Defendant’s actions constitute tortious interference with Plaintiff’s contractual
relationships. Said actions interfere with agreements between Plaintiff and Tooletries and between
Plaintiff and Amazon to provide certain goods and services.
101. By demanding that Tooletries and Amazon cease the production and sales of goods bearing

the ‘SKI Marks, Defendant is improperly inducing Tooletries and Amazon to breach their obligations to
Plaintiff.
102. As a result of these wrongful actions on the part of Defendant, Plaintiff is entitled to
damages, as set forth below.
PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment as follows:
1. That the Court declare that: (1) Plaintiff’s use of the generic wording “shower beer” and
“shower wine” does not violate any trademarks rights, or any other rights, of Defendant, nor
does the promotion, distribution or sale of bath accessories bearing the same; (2) Plaintiff’s
sales of goods under the ‘SKI Marks do not infringe any patents of Defendant; and (3) there is
no likelihood of confusion between Plaintiff’s SIPSKI mark and Defendant’s SIPCADDY
mark and Plaintiff’s use of the SIPSKI mark does not infringe any trademarks of Defendant.
2. That the Court enter a judgment against Defendant, finding that Defendant has:
a. Committed unfair competition, unlawful trade practices and deceptive trade practices;
b. Engaged in tortious interference with Plaintiff’s business and contractual relations with
Amazon, Tooletries and third party marketplace consumers; and
c. Otherwise injured the business reputation, goodwill and business of Plaintiff and
irreparably harmed Plaintiff by the acts and conduct set forth in this Complaint.
3. That this Court issue temporary and permanent injunctive relief against Defendants, and each
of them, and that Defendants, their agents, representatives, successors and assigns and all other
in active concert or participation with Defendants, be enjoined and restrained from:
a. Filing any complaint with Amazon or other third party retailer regarding Plaintiff’s use
of the ‘SKI Marks, “shower beer” or “shower wine” wording and/or any patents or
design elements;

b. Filing any petition to cancel Plaintiff’s SIPSKI or SUDSKI marks;
c. Assisting, aiding or abetting any other person or business entity in engaging in or
performing any of the activities referred to above.
4. That the Court enter an order requiring that Defendant surrenders the Disputed Registrations
pursuant to 37 C.F.R. § 2.68.
5. That the Court enter an order declaring that the Defendant holds in trust, as constructive trustee
for the benefit of Plaintiff, all profits received by Defendant from its misuse of its intellectual
property and Amazon’s dispute procedures;
6. That the Court enter an order requiring Defendant to provide Plaintiff a full and complete
accounting of all profits received by Defendant as a result of Defendant’s illegal acts.
7. That the Court order Defendant to pay Plaintiff’s general, special, actual and statutory
damages, including Defendant’s profits, as a result of Defendant’s illegal acts. The exact
amount of damages is not yet known but on information and belief is not less than one million
dollars ($1,000,000.00), according to proof.
8. That Plaintiff be awarded punitive damages as a result of Defendant’s conduct.
9. That the Court order Defendant to pay Plaintiff the costs of this action and the reasonable
attorneys’ fees incurred by Plaintiff in prosecuting this action.
10. That the Court grant to Plaintiff such other and additional relief as may be just and proper.
Respectfully submitted,
LAW OFFICE OF CHRIS SULLIVAN PLLC

October 25, 2018 /s/ Christopher R. Sullivan
Christopher R. Sullivan (#0343717)
400 South 4th Street Suite 401-100
Minneapolis, MN 55415
Phone: 612-747-0424
chris@sullivantechlaw.com
Attorney for Plaintiff 30 Watt Holdings, Inc.

DEMAND FOR JURY TRIAL
Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure and the Seventh Amendment to
the United States Constitution, Plaintiff hereby demands a trial by jury of all issues triable in the above
action.
Respectfully submitted,
LAW OFFICE OF CHRIS SULLIVAN PLLC
October 25, 2018 /s/ Christopher R. Sullivan

Christopher R. Sullivan (#0343717)
400 South 4th Street Suite 401-100
Minneapolis, MN 55415
Phone: 612-747-0424
chris@sullivantechlaw.com
Attorney for Plaintiff 30 Watt Holdings, Inc.

CASE 0:18-cv-03013 Document 1-1 Filed 10/25/18 Page 1 of 95

EXHIBIT A
Reg. No. 5,460,777 30 Watt Holdings, Inc. (MINNESOTA CORPORATION)

600 Washington Avenue
Registered May 01, 2018 Minneapolis, MINNESOTA 55401
CLASS 21: Bath accessories, namely, cup holders

Int. Cl.: 21
FIRST USE 11-2-2017; IN COMMERCE 11-2-2017
Trademark
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
Principal Register PARTICULAR FONT STYLE, SIZE OR COLOR
SER. NO. 87-570,242, FILED 08-15-2017


EXHIBIT B

EXHIBIT C
From: TMOfficialNotices@USPTO.GOV
Sent: Tuesday, September 18, 2018 00:18 AM
To: dan@reidylawgroup.com
Cc: luisa@reidylawgroup.com ; tara@reidylawgroup.com
Subject: Official USPTO Notice of Allowance: U.S. Trademark SN 87920605: SIPSKI
NOTICE OF ALLOWANCE (NOA)
ISSUE DATE: Sep 18, 2018
U.S. Serial Number: 87920605

Mark: SIPSKI
Docket/Reference Number:
No opposition was filed for this published application. The issue date of this NOA establishes the due date for the filing of a Statement of Use (SOU) or a Request
for Extension of Time to file a Statement of Use (Extension Request). WARNING: An SOU that meets all legal requirements must be filed before a registration
certificate can issue. Please read below for important information regarding the applicant's pending six (6) month deadline.
SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either:
- An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the application, if use basis was not
specified originally); OR
- An Extension Request, if the applicant is not yet using the mark in commerce. If an Extension Request is filed, a new request must be filed every six (6)
months until the SOU is filed. The applicant may file a total of five (5) extension requests. WARNING: An SOU may not be filed more than thirty-six (36) months from
when the NOA issued. The deadline for filing is always calculated from the issue date of the NOA.
How to file SOU and/or Extension Request:

Use the Trademark Electronic Application System (TEAS). Do NOT reply to this e-mail, as e-mailed filings will NOT be processed. Both the SOU and Extension Request have
many legal requirements, including fees and verified statements; therefore, please use the USPTO forms available online at https://www.uspto.gov/trademarks-application-
process/filing-online (under the "INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information. If you have questions about this notice,
please contact the Trademark Assistance Center at 1-800-786-9199.
For information on how to (1) divide an application; (2) delete goods/services (or entire class) with a Section 1(b) basis; or (3) change filing basis, see
https://www.uspto.gov/trademarks-getting-started/process-overview/additional-information-post-notice-allowance-process.
FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF THIS
APPLICATION.
REVIEW APPLICATION INFORMATION FOR ACCURACY
If you believe this NOA should not have issued or correction of the information shown below is needed, you must submit a request to the Intent-to-Use Unit. Please use the
"Post-Publication Amendment" form under the "POST-APPROVAL/PUBLICATION/POST NOTICE OF ALLOWANCE (NOA) AMENDMENT FORMS" category, available at
https://www.uspto.gov/trademarks-application-process/filing-online/post-approvalpublicationpost-notice-allowance-noa. Do NOT reply to this e-mail, as e-mailed filings will NOT
be processed.
Serial Number: 87920605

Mark: SIPSKI
Docket/Reference Number:
Owner: 30 Watt Holdings, Inc.
Minneapolis , MINNESOTA 55401
Correspondence Address: DANIEL REIDY, ESQ.
REIDY LAW GROUP
1230 SPRING ST.
ST. HELENA, CA 94574
This application has the following bases, but not necessarily for all listed goods/services:
Section 1(a): NO Section 1(b): YES Section 44(e): NO
GOODS/SERVICES BY INTERNATIONAL CLASS
021 - Bath accessories, namely, cup holders -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.
Appropriate Specimens for Goods and/or Services: A trademark specimen should be a label, tag, or container for the goods, or a display associated with the goods. See
TMEP §§904.03 et seq. A service mark specimen should be an advertisement, sign, brochure, website printout or other image that shows the mark used in the actual sale or
advertising of the services. See TMEP §§1301.04 et seq. For an instructional video on what is an appropriate trademark or service mark specimen for a good and/or service,
click here.
Fraudulent statements may result in registration being cancelled: Applicants must ensure that statements made in filings to the USPTO are accurate, as inaccuracies may
result in the cancellation of any issued trademark registration. The lack of a bona fide intention to use the mark with ALL goods and/or services listed in an application or the
lack of actual use on all goods and/or services for which use is claimed could jeopardize the validity of the registration, possibly resulting in its cancellation.
Additional information: For information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees, please consult the USPTO
website at https://www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199.
Checking status: To check the status of this application, go to

https://tsdr.uspto.gov/#caseNumber=87920605&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=statusSearch or contact the Trademark
Assistance Center at 1-800-786-9199. Please check the status of any application at least every three (3) months after the application filing date.
To view this notice and other documents for this application on-line, go to
https://tsdr.uspto.gov/#caseNumber=87920605&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=documentSearch. NOTE: This notice will only be
available on-line the next business day after receipt of this e-mail.
EXHIBIT D
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1553 (Rev 09/2005)
OMB No. 0651-0054 (Exp 12/31/2020)
Trademark/Service Mark Statement of Use

(15 U.S.C. Section 1051(d))
The table below presents the data as entered.
Input Field Entered

SERIAL NUMBER 87920605
LAW OFFICE ASSIGNED LAW OFFICE 113
EXTENSION OF USE NO
MARK SECTION
MARK https://tmng-al.uspto.gov/resting2/api/img/87920605/large
LITERAL ELEMENT SIPSKI
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
The mark consists of standard characters, without claim to any particular font
MARK STATEMENT
style, size or color.
OWNER SECTION
NAME 30 Watt Holdings, Inc.
STREET 600 Washington Avenue
CITY Minneapolis
STATE Minnesota
ZIP/POSTAL CODE 55401
COUNTRY United States
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 021
CURRENT IDENTIFICATION Bath accessories, namely, cup holders
GOODS OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 09/18/2018
FIRST USE IN COMMERCE DATE 09/18/2018
SPECIMEN FILE NAME(S)
ORIGINAL PDF FILE SPN0-7317053222-20180926171653919230_._Sipski_Specimen.pdf

CONVERTED PDF FILE(S)
\\TICRS\EXPORT17\IMAGEOUT17\879\206\87920605\xml9\SOU0002.JPG
(2 pages)
\\TICRS\EXPORT17\IMAGEOUT17\879\206\87920605\xml9\SOU0003.JPG
SPECIMEN DESCRIPTION Screenshots from third party website showing mark in use for goods
REQUEST TO DIVIDE NO
PAYMENT SECTION
NUMBER OF CLASSES IN USE 1

SUBTOTAL AMOUNT [ALLEGATION OF USE
100
FEE]
TOTAL AMOUNT 100

SIGNATURE SECTION
DECLARATION SIGNATURE /Daniel A. Reidy/
SIGNATORY'S NAME Daniel Reidy, Esq.
SIGNATORY'S POSITION Attorney of Record, California bar member
DATE SIGNED 09/26/2018
SIGNATORY'S PHONE NUMBER 7079633030
FILING INFORMATION
SUBMIT DATE Wed Sep 26 17:31:06 EDT 2018
USPTO/SOU-XX.XXX.XX.XXX-2
0180926173106105777-87920
605-610442ab4386f983289c7
TEAS STAMP
45ec53c203b871b4ce5da9a52
554761f46e4ddaf228d2-CC-4
650-20180926171653919230
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1553 (Rev 09/2005)
OMB No. 0651-0054 (Exp 12/31/2020)
Trademark/Service Mark Statement of Use

(15 U.S.C. Section 1051(d))
To the Commissioner for Trademarks:
MARK: SIPSKI(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/87920605/large)
SERIAL NUMBER: 87920605
The applicant, 30 Watt Holdings, Inc., having an address of

Minneapolis, Minnesota 55401
United States
is submitting the following allegation of use information:
For International Class 021:

Current identification: Bath accessories, namely, cup holders
The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed
in the application or Notice of Allowance or as subsequently modified for this specific class.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 09/18/2018,
and first used in commerce at least as early as 09/18/2018, and is now in use in such commerce. The applicant is submitting one specimen for the
class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Screenshots from third party
website showing mark in use for goods.
Original PDF file:

SPN0-7317053222-20180926171653919230_._Sipski_Specimen.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
The applicant is not filing a Request to Divide with this Allegation of Use form.
A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.
Declaration
The signatory believes that the applicant is the owner of the mark sought to be registered.
For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the
application or notice of allowance, or as subsequently modified.
For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate
control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership
organization in the application or notice of allowance, or as subsequently modified.
For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized
users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the
applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or
promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or
concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely,
when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or
mistake, or to deceive.
To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the
allegations and other factual contentions made above have evidentiary support.
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §
1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration
resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and
belief are believed to be true.
Signature: /Daniel A. Reidy/ Date Signed: 09/26/2018

Signatory's Name: Daniel Reidy, Esq.
Signatory's Position: Attorney of Record, California bar member
Signatory's Phone: 7079633030
RAM Sale Number: 87920605

RAM Accounting Date: 09/27/2018
Serial Number: 87920605

Internet Transmission Date: Wed Sep 26 17:31:06 EDT 2018
TEAS Stamp: USPTO/SOU-XX.XXX.XX.XXX-2018092617310610
5777-87920605-610442ab4386f983289c745ec5
3c203b871b4ce5da9a52554761f46e4ddaf228d2
-CC-4650-20180926171653919230
EXHIBIT E
(12) INTERNATIONAL APPLICATION PUBLISHED UNDER THE PATENT COOPERATION TREATY (PCT)
(19) World Intellectual Property
Organization I
International Bureau
(10) International Publication Number
(43) International Publication Date WO 2017/049339 Al
30 March 2017 (30.03.2017) P O PCT
(51) International Patent Classification: (72) Inventors: COCKBURN, Saul; 18 Blythe Street, Kelvin
A47K 5/00 (2006.01) A47G 1/16 (2006.01) Grove, Brisbane, Queensland 4059 (AU). COCKBURN,
A47G 29/08 (2006.01) A45D 33/00 (2006.01) Joshua. CHAPMAN, Angus.
(21) International Application Number: (74) Agent: CULLENS; Level 32, 239 George Street, Bris
PCT /AU20 16/050606 bane, Queensland 4000 (AU).
(22) International Filing Date: (81) Designated States (unless otherwise indicated, for every
12 July 2016 (12.07.2016) kind of national protection available): AE, AG, AL, AM,
AO, AT, AU, AZ, BA, BB, BG, BH, BN, BR, BW, BY,
(25) Filing Language: English
BZ, CA, CH, CL, CN, CO, CR, CU, CZ, DE, DK, DM,
(26) Publication Language: English DO, DZ, EC, EE, EG, ES, FI, GB, GD, GE, GH, GM, GT,
HN, HR, HU, ID, IL, IN, IR, IS, JP, KE, KG, KN, KP, KR,
(30) Priority Data: KZ, LA, LC, LK, LR, LS, LU, LY, MA, MD, ME, MG,
2015903874 23 September 2015 (23.09.2015) AU MK, MN, MW, MX, MY, MZ, NA, NG, NI, NO, NZ, OM,
2015903875 23 September 2015 (23.09.2015) AU PA, PE, PG, PH, PL, PT, QA, RO, RS, RU, RW, SA, SC,
2015904236 16 October 2015 (16. 10.2015) AU SD, SE, SG, SK, SL, SM, ST, SV, SY, TH, TJ, TM, TN,
(71) Applicant: TOOLETRIES PTY LTD [AU/AU]; C/- TR, TT, TZ, UA, UG, US, UZ, VC, VN, ZA, ZM, ZW.
Level 32, 239 George Street, Brisbane, Queensland 4000 (84) Designated States (unless otherwise indicated, for every
(AU). kind of regional protection available): ARIPO (BW, GH,
GM, KE, LR, LS, MW, MZ, NA, RW, SD, SL, ST, SZ,
TZ, UG, ZM, ZW), Eurasian (AM, AZ, BY, KG, KZ, RU,
[Continued on next page]
(54) Title: ELASTOMERIC HOLDER

(57) Abstract: Elastomeric holders in the form of toiletry
holders, mirrors holders, shower caddies and make-up hold
ers are provided. The holders comprise a body, having a sub
stantially planar rear surface, configured to releasably adhere
to a vertical surface without the use of adhesives, and a re
tainer, for retaining an item and formed at least in part by the
body, such that a front surface of the body forms a peripheral
edge around the retainer.
w o 2017/049339 Ai III III II II III I IIII II I II III III II
TJ, TM), European (AL, AT, BE, BG, CH, CY, CZ, DE, Published:
DK, EE, ES, FI, FR, GB, GR, HR, HU, IE, IS, ΓΓ , LT,
— with international search report (Art. 21(3))
LU, LV, MC, MK, MT, NL, NO, PL, PT, RO, RS, SE,
SI, SK, SM, TR), OAPI (BF, BJ, CF, CG, CI, CM, GA,
GN, GQ, GW, KM, ML, MR, NE, SN, TD, TG).
ELASTOMERIC HOLDER
TECHNICAL FIELD
[0001] The present invention relates to elastomeric holders. In particular, although not
exclusively, the present invention relates to toiletry holders, holders including mirrors, make-up
holders, and the like, that can be releasably adhered to vertical surfaces.
BACKGROUND ART
[0002] Toiletry holders are well known in the art and can be used to store razors,
toothbrushes and shampoo bottles, for example, and ensure that they dry properly after use.
These holders vary in shape and design, but are often cup-like holders that either sit on a basin or
ledge, or attach to a wall, e.g. in a shower area.
[0003] Toiletry holders that attach to a wall are generally more desirable, as they can be
conveniently located, for example in a shower or on a mirror, and do not clutter ledges or other
flat surfaces. Such holders are generally either permanently installed, e.g. with fixtures or
adhesive, or temporarily installed with one or more suction cups that attach to a glossy surface,
such as a mirror or a tile.
[0004] A problem with such toiletry holders of the prior art is that they are not particularly
suitable for repeated installation and removal, as permanently installed holders generally damage
the surface in which they are installed, and suction cups are prone to breakage. In particular, the
suction cup is generally behind the holder, and is removed by pulling on the holder itself. This
applies significant stress on the suction cup, and in particular where the suction cup attaches to
the holder.
[0005] A further problem with toiletry holders of the prior art is that they are complicated to
manufacture. In particular, a holder portion is generally manufactured separately from the
suction cup portion, and subsequently assembled.
[0006] A further problem with toiletry holders of the prior art is that they may not be
suitable for installation in a shower, or other area where they are exposed to streams of water.
[0007] Yet another problem with toiletry holders of the prior art is that they are generally
not easy to clean. For example, dirt and grime generally accumulate at joins between the holder
portion and the suction cups, and between the holder portion and the mirror or tile against which
the holder is attached.
[0008] Furthermore, in bathroom environments, it is very desirable to have mirrors at

convenient locations, as they enable a person to accurately apply make up, shave, or adjust their
hair, for example.
[0009] However, such mirrors face similar problems to the toiletry holders discussed above.
For example, mirrors that attach to a wall are generally more desirable, but such mirrors of the
prior art is that they are not particularly suitable for repeated installation and removal.
Furthermore, these mirrors are generally complicated to manufacture and are generally not easy
to clean.
[0010] Finally, make-up holders, shower caddies and the like also face similar problems to
toiletry holders, in that wall-based holders are more desirable, as they can be conveniently
located, but are generally not particularly suitable for repeated installation and removal, are
generally complicated to manufacture and are generally not easy to clean.
[001 1] As a result, there is clearly a need for improved holders.
[0012] It will be clearly understood that, if a prior art publication is referred to herein, this
reference does not constitute an admission that the publication forms part of the common general
knowledge in the art in Australia or in any other country.
SUMMARY OF INVENTION
[0013] The present invention is directed to elastomeric holders, which may at least partially
overcome at least one of the abovementioned disadvantages or provide the consumer with a
useful or commercial choice.
[0014] With the foregoing in view, the present invention in one form, resides broadly in an
elastomeric holder comprising:
a body, having a substantially planar rear surface, configured to releasably adhere to
a vertical surface without the use of adhesives; and
a retainer, for retaining an item and formed at least in part by the body, such that a
front surface of the body forms a peripheral edge around the retainer.
[0015] Advantageously, the holder can be used to grip to shiny surfaces like glass, mirror
and tiles, without requiring adhesives, suction caps or permanent mounts. The peripheral edge
around the retainer assists in enabling the body to adhere to the vertical surface.
[0016] Furthermore, the holders are generally easy to clean and hygienic. For example, as
the holders sit flush against the vertical surface on which they are attached, dirt and grime cannot
build up behind the holders. Furthermore, the holders may be cleaned by rinsing it under warm
or hot water, or by placing them in a dishwasher, without removing any adhesive properties of
the holder.
[0017] Preferably, the peripheral edge is at least about 5mm wide. Suitably, the peripheral
edge is at least about 10mm wide.
[0018] Preferably, the retainer comprises at least one pocket, extending outwardly from a
central portion of the front surface.
[0019] Preferably, the pocket is for receiving a toiletry. The toiletry may be a toothbrush.
Suitably, the pocket is configured to receive a toothbrush and toothpaste.
[0020] Preferably, the holder further includes a razor holder, for receiving a razor, the razor
holder extending outwardly from a front surface of the body.
[0021] Suitably, the razor holder is adjacent to the pocket.
[0022] Preferably, the razor holder is configured to receive a head of a razor.
[0023] Preferably, the razor holder comprises parallel arms that extend outwardly from the
body. Preferably, the arms extend perpendicularly from the front surface of the body.
Preferably, the razor holder is configured such that a handle of the razor extends between the
arms.
[0024] Preferably, the parallel arms each define an upper support surface. Preferably, the
upper support surfaces are in a common plane.
[0025] Preferably, the upper support surfaces include a plurality of protuberances. Suitably,
the protuberances are elongate.
[0026] Preferably, the razor holder includes vertical flanges, which support the arms.
Preferably, the vertical flanges extend outwardly from the front surface and along each of the
arms.
[0027] Preferably, the holder includes a ring holder, for receiving a ring, the ring holder
extending outwardly from a front surface of the body. Suitably, the ring holder is adjacent to the
pocket.
[0028] Preferably, the holder comprises parallel arms that extend outwardly from the body.
Preferably, the arms extend perpendicularly from the front surface of the body.
[0029] Preferably, the ring holder comprises a base, wherein the arms extend upwardly from
respective edges of the base. Preferably, the ring holder comprises a front, which extends
upwardly from a front portion of the base and between end portions of the arms. Preferably, the
base comprises a substantially planar support surface, and is surrounded by substantially vertical
walls.
[0030] Preferably, the retainer includes a drainage aperture.
[003 1] Preferably, the ring holder includes a drainage aperture. Suitably, the ring holder
includes a plurality of drainage apertures, to prevent water from being contained in the ring
holder.
[0032] Preferably, the pocket includes a drainage aperture. Suitably, the pocket includes a
plurality of drainage apertures, to prevent water from being contained in the pocket.
[0033] The ring holder may be above the razor holder. The ring holder may be beside the
pocket. The razor holder may be beside the pocket.
[0034] Preferably, the body is substantially rectangular. Preferably, the body is substantially
planar. The body may be primarily of uniform thickness. Suitably, the body is primarily about
lmm thick. Suitably, the body is about 145mm wide and about 215mm long.
[0035] Preferably, the pocket is elongate. Preferably, the pocket is about 90mm long, 65mm
wide, and 35mm deep.
[0036] Preferably, the retainer comprises a razor holder, for receiving a razor. The razor
holder may extend outwardly from a front surface of the body.
planar. Suitably, the body is primarily about lmm thick. Suitably, the body is about 60mm wide
and about 145mm long.
[0038] Preferably, the razor holder is configured to receive a head of a razor.
[0039] Preferably, the razor holder comprises parallel arms that extend outwardly from the
body. Preferably, the arms extend perpendicularly from the front surface of the body.
Preferably, the razor holder is configured such that a handle of the razor extends between the
arms.
[0040] Preferably, the parallel arms each define an upper support surface. Preferably, the
upper support surfaces are in a common plane.
[0041] Preferably, the upper support surfaces include a plurality of protuberances. Suitably,
the protuberances are elongate.
[0042] Preferably, the razor holder includes vertical flanges, which support the arms.
Preferably, the vertical flanges extend outwardly from the front surface and along each of the
arms.
[0043] Preferably, the retainer is for retaining a planar mirror, wherein edges of the mirror
are encased in the body.
planar. Suitably, the body is primarily about 1mm thick. Suitably, the body is about 80mm wide
and about 145mm long.
[0045] Preferably, the body comprises a lip that extends over an edge of the mirror.
Suitably, the lip extends approximately 1mm over a reflective surface of the mirror.
[0046] Preferably, the planar mirror is polycarbonate. Alternatively, the planar mirror is
acrylic or any other suitable rigid, non-metallic, non-glass material.
[0047] Preferably, the holder is a make-up holder.
[0048] Preferably, the holder comprises a plurality of pockets.
[0049] Preferably, the holder comprises adjacent pockets configured to form an intermediate
retainer between the pockets. The intermediate retainer may be configured to wedge objects
therein. The intermediate retainer may be tapered such that objects (e.g. brushes) of various
thicknesses can be held therein, e.g. upside down.
[0050] Preferably, the holder is integrally formed.
[0051] Preferably, the holder is formed of silicone rubber. However, any other elastomeric
material may be used.
[0052] Preferably, the rear surface comprises a glossy surface. Suitably, a front surface of
the body comprises a non-glossy surface. Preferably, the rear surface is smoother than a front
surface of the body.
[0053] Preferably, the holder is formed by moulding liquid silicone rubber. Suitably, the
silicone rubber may be treated using antibacterial or antifungal chemicals.
[0054] Preferably, the retainer(s) forms at least 50% of a front surface of the body.
[0055] Any of the features described herein can be combined in any combination with any
one or more of the other features described herein within the scope of the invention.
[0056] The reference to any prior art in this specification is not, and should not be taken as
an acknowledgement or any form of suggestion that the prior art forms part of the common
general knowledge.
BRIEF DESCRIPTION OF DRAWINGS
[0057] Various embodiments of the invention will be described with reference to the
following drawings, in which:
[0058] Figure 1 illustrates an upper front perspective view of a toiletry holder, according to
an embodiment of the present invention;
[0059] Figure 2 illustrates a front view of the toiletry holder of Figure 1;
[0060] Figure 3 illustrates a top view of the toiletry holder of Figure 1;
[006 1] Figure 4 illustrates a right side view of the toiletry holder of Figure 1;
[0062] Figure 5 illustrates a lower perspective view of the toiletry holder of Figure 1; and
[0063] Figure 6 illustrates an upper rear perspective view of the toiletry holder of Figure 1.
[0064] Figure 7 illustrates an upper perspective view of a razor holder, according to an

embodiment of the present invention;
[0065] Figure 8 illustrates a front view of the razor holder of Figure 7;
[0066] Figure 9 illustrates a right side view of the razor holder of Figure 7;
[0067] Figure 10 illustrates a top view of the razor holder of Figure 7 ;

[0068] Figure 11 illustrates a front perspective view of a portable mirror, according to an

embodiment of the present invention;
[0069] Figure 12 illustrates a front view of the mirror of Figure 11;
[0070] Figure 13 illustrates a top view of the mirror of Figure 11;
[007 1] Figure 14 illustrates a left view of the mirror of Figure 11;
[0072] Figure 15 illustrates a front view of a shower caddy, according to an embodiment of

the present invention;
[0073] Figure 16 illustrates a top view of the caddy of Figure 15;
[0074] Figure 17 illustrates a bottom view of the caddy of Figure 15;
[0075] Figure 18 illustrates a side view of the caddy of Figure 15;
[0076] Figure 19 illustrates a front view of a make-up caddy, according to an embodiment of

the present invention;
[0077] Figure 20 illustrates a top view of the caddy of Figure 19;
[0078] Figure 2 1 illustrates a bottom view of the caddy of Figure 19, and
[0079] Figure 22 illustrates a side view of the caddy of Figure 19.
[0080] Preferred features, embodiments and variations of the invention may be discerned
from the following Detailed Description which provides sufficient information for those skilled
in the art to perform the invention. The Detailed Description is not to be regarded as limiting the
scope of the preceding Summary of the Invention in any way.
DESCRIPTION OF EMBODIMENTS
[0081] Figure 1 illustrates an upper perspective view of a toiletry holder 100, according to
an embodiment of the present invention. The toiletry holder 100 provides a non-permanent,
handy and hygienic place to store a toothbrush, toothpaste, ring and razor in the shower (e.g. on a
tile, glass or other flat surface) or above the sink (e.g. on a tile or mirror).
[0082] The toiletry holder 100 includes a substantially planar body 105, which is configured
to releasably attach to a flat surface, such as a mirror, glass panel, tile or the like. As best
illustrated in Figures 3 and 4 and 6, a rear surface 110 of the body 105 is planar and glossy, and
is configured to releasably adhere to surfaces, such as glass, tiles, mirrors, Perspex, plastic
surfaces and the like.
[0083] A retainer in the form of a razor support member 115 extends outwardly from a front
surface 120 of the body 105. The razor support member 115 comprises parallel arms 125 that
extend perpendicularly from the front surface 120, and form upper support surfaces 130 that are
on a common plane.
[0084] The upper support surfaces 130 are configured to support respective sides of a head
of a razor (not illustrated), while a handle of the razor extends downwardly and between the arms
125. Furthermore, the upper support surfaces 130 include a plurality of elongate protuberances
135, which serve to lift a lower edge of the razor head from the arms 125. As a result, water can
more easily flow off the razor head, assisting it in drying the razor.
[0085] The arms 125 are supported by respective vertical flanges 140, which extend
outwardly from the front surface 120 and along each of the arms 125, providing support for the
arms 125. The vertical flanges 140 also prevent the head of the razor from moving laterally, and
can thus prevent the head of the razor falling down between the arms 125. As best illustrated in
Figure 2, the vertical flanges 140 are substantially parallel with each other.
[0086] A further retainer in the form of a ring holder 150 also extends outwardly from a
front surface 120 of the body 105. The ring holder 150 comprises a base 155, parallel arms 160
that extend perpendicularly from the front surface 120 and upwardly from respective edges of
the base 155, and a front 165, which extends upwardly from a front portion of the base 155 and
between end portions of the arms 125.
[0087] The base 155 of the ring holder 150 comprises a substantially planar support surface
for receiving a ring, such as a wedding ring, and is surrounded by substantially vertical walls of
the arms 160 and the front 165. As such, when a ring is stored on the ring holder the ring is
prevented from sliding off by the walls, even if the toiletry holder 100 is bumped or if water
sprays directly onto the ring.
[0088] The base 155 includes a plurality of apertures, to provide drainage from the ring
holder 150. As such, the toiletry holder 100 can be used in the shower without collecting water.
[0089] As is best illustrated in Figure 3, the parallel arms 160 and the front 165 are joined
by a bevelled edge portion 170. In particular, the parallel arms 160 join the bevelled edge
portion 170 at an angle of approximately 45 degrees, and the bevelled edge portion 170 joins the
front 165 at an angle of approximately 45 degrees, such that the front 165 is approximately
perpendicular to the parallel arms 160.
[0090] As best illustrated in Figure 4, upper surface of the arms 160 are sloping downwards
away from the body 105. This provides an aesthetically pleasing holder, which also provides
additional support at a rear of the ring holder 150, where stress from a weight of the ringer holder
150 and ring is greatest.
[0091] Another retainer, in the form of a toothbrush pocket 175, for retaining a tube of
toothpaste, also extends outwardly from a front surface 120 of the body 105 and is configured to
receive a toothbrush and a tube of toothpaste.
[0092] The pocket 175 comprises substantially parallel sidewalls 180 that extend outwardly
from the body 105, a front 185 and a base 190. The sidewalls 180 extend perpendicularly from
the front surface of the body 105, and the front extends between end portions of the sidewalls
180. The sidewalls 180 and the front 185 extend upwardly from respective edges of the base 190
to define the pocket 175.
[0093] As is best illustrated in Figure 3, the parallel arms 180 and the front 185 are joined
by a bevelled edge portion 195, the bevelled edge portion 195 similar to the bevelled edge
portion 170 of the ring holder 150. In particular, the parallel arms 180 join the bevelled edge
portion 195 at an angle of approximately 45 degrees, and the bevelled edge portion 195 joins the
front 185 at an angle of approximately 45 degrees, such that the front 185 is approximately
perpendicular to the parallel arms 180.
[0094] The ring holder 150 and the pocket 175 include drainage apertures 200. Each of the
ring holder 150 and the pocket 175 include a plurality of drainage apertures, to prevent water
from being contained in the ring holder 150 and pocket respectively.
[0095] The ring holder 150 is located above the razor holder 115, and the pocket 175 is
located beside the ring holder 150 and the razor holder 150. As such, the toiletry holder 100 is
compact.
[0096] As best illustrated with reference to Figures 3 and 4, an edge 145 of the body 105 is
sloping from the rear surface 110 to the front surface 120, such that when water runs down the
glass or tiles, it is deflected towards the front surface 120 and thus away from the glass or tiles.
This helps prevent the toiletry holder 100 from falling off the glass or tiles when water runs over
it.
[0097] As discussed above, the rear surface 110 is glossy, which enables the body 105 to
releasably adhere to surfaces. The glossy rear enables a seal to be achieved between the rear
surface 110 and the surface which the toiletry holder 100 is being attached, by creating a partial
vacuum (negative pressure) behind the rear surface 110.
[0098] The retainers (i.e. the razor support 115, the ring holder 150 and the pocket 175) are
centrally located on the body 105, and the front surface 120 of the body 105 forms a peripheral
edge 205 around retainers. This peripheral edge 205 assists in providing a strong bond to the
surface, as it prevents force that is applied to any of the retainers from being translated directly to
an edge of the body 105. Instead, any force to the retainers is applied to a central portion of the
body 105, where the force required to break the vacuum holding the body to the surface is
higher. Furthermore, any water sprayed onto the toiletry holder 100 that hits the pocket (or other
retainers) from the side, is directed down onto a front of the peripheral edge 205 (or away from
the peripheral edge 205), rather than be directed onto the edge between the toiletry holder 100
and the surface on which it is attached.
[0099] The peripheral edge 205 varies in thickness, but is at least 10mm thick around the
periphery. Generally, a thickness of at least 5mm is preferable to provide a strong bond, and
more preferably at least 10mm.
[00100] The other surfaces, including a front surface 120 of the toiletry holder 100 are matt,
and do not adhere to surfaces or otherwise. In particular, a seal cannot be achieved due to small
irregularities in the surface. These irregularities are generally not visible to the naked eye, but
instead provide the appearance of a matt (non-glossy) surface due to light deflection caused by
the irregularities.
[00101] This combination of a glossy rear surface and matt (non-glossy) other surfaces
enables the toiletry holder 100 to be releasably attached to tiles and other surfaces, without
having any glossy surfaces exposed, which may attract dirt, hair and the like. Furthermore, the
matt surface is aesthetically pleasing.
[00102] The glossy and matt (non-glossy) surfaces are achieved using glossy (polished) and
matt (non-polished) surfaces when moulding the toiletry holder 100.
[00103] The toiletry holder 100 is unitarily formed of silicone. This provides structural
integrity, reduces risk of damage at joins, and simplifies cleaning. Furthermore, silicone is
aesthetically attractive.
[00104] While having a substantially rectangular shape, the toiletry holder 100 has curved
corners, which provides an aesthetically attractive toiletry holder 100.
[00105] The body 105 further includes a tab 200, which provides a gripping surface for
holding the toiletry holder 100, and the tab 200 simplifies removal of the toiletry holder 100
from a surface as it provides a wide area for the user to grip onto with their fingers.
[00106] The tab 200 also functions as an alignment member, for aligning with corresponding
tabs 200 of other objects to be installed adjacent to the toiletry holder 100. For example, a
mirror (not illustrated) may include a corresponding tab 200, such that the tabs 200 engage with
each other and which serves to align the mirror with the toiletry holder 100.
[00107] The toiletry holder 100 is advantageously formed using moulding of liquid silicone
rubber. This enables the toiletry holders 100 to be produced inexpensively and in high volume.
[00108] The skilled addressee will readily appreciate that alternatives to silicone may be
used, including elastomers that are elastic and have a high failure strain, which includes rubber
like and silicone-like products.
[00109] According to certain embodiments, the silicone may be treated using antibacterial or
antifungal chemicals. In particular, chemicals may be mixed into a liquid silicone rubber prior to
moulding. However, the skilled addressee will readily appreciate that the toiletry holder 100,
even without the addition of chemicals, has a certain resistance against bacteria and mould
growth as the silicone does not retain any water, and the toiletry holder 100 is configured to dry
quickly and not retain any water.
[001 10] The razor support member 115 is specifically shaped to allow a very wide variety of
hand held razors to fit. However, the skilled addressee will readily appreciate that variations of
the razor support member 115 may be used, including a wider gap between arms 125, wider
support surfaces 130 and the like.
[001 11] The body 105 is primarily about 1mm thick, about 60mm wide and about 145mm
wide and about 215mm long. The pocket is about 90mm long, 65mm wide, and 35mm deep.
[001 12] Advantageously, the toiletry holder 100 can be used to grip to shiny surfaces like
glass, mirror and tiles, without requiring adhesives, suction caps or permanent mounts. In
particular, the toiletry holder 100 may be applied to surfaces as many times as you like and it
will not lose grip. As such, the toiletry holder 100 is particularly suited to use in motels, hotels
and other temporary accommodation, as well as semi-permanent installation in bathrooms, such
as on mirrors or in showers.
[001 13] The toiletry holder 100 is easy to clean and hygienic. For example, as the toiletry
holder 100 sits flush against the glass, tiles or mirror on which it is attached, dirt and grime
cannot build up behind the toiletry holder 100. Furthermore, the toiletry holder 100 may be
cleaned by rinsing it under warm or hot water, or by placing it in a dishwasher, without removing
any adhesive properties of the holder.
[001 14] An alternative embodiment of the present invention is described below in the form of
a razor holder.
[001 15] Figure 7 illustrates an upper perspective view of a razor holder 700, according to an
embodiment of the present invention. The razor holder 700 provides a non-permanent, handy
and hygienic place to store a razor in the shower (e.g. on a tile, glass or other flat surface) or
above the sink (e.g. on a tile or mirror).
[001 16] The razor holder 700 includes a substantially planar, rectangular shaped body 605,
which is configured to releasably attach to a flat surface, such as a mirror, glass panel, tile or the
like. As best illustrated in Figures 9 and 10, a rear surface 710 of the body 705 is planar and
glossy, and is configured to releasably adhere to surfaces, such as glass, tiles, mirrors, plastic
[001 17] A retainer in the form of a razor support member 715 extends outwardly from a front
surface 720 of the body 705. The razor support member 715 comprises parallel arms 725 that
extend perpendicularly from the front surface 720, and form upper support surfaces 730 that are
on a common plane.
[001 18] The upper support surfaces 730 are configured to support respective sides of a head
of a razor (not illustrated), while a handle of the razor extends downwardly and between the arms
725. Furthermore, the upper support surfaces 730 include a plurality of elongate protuberances
735, which serve to lift a lower edge of the razor head from the arms 725. As a result, water can
more easily flow off the razor head, assisting it in drying the razor.
[001 19] The arms 725 are supported by respective vertical flanges 740, which extend
outwardly from the front surface 720 and along each of the arms 725, providing support for the
arms 725. The vertical flanges 735 also prevent the head of the razor from moving laterally, and
can thus prevent the head of the razor falling down between the arms 725. As best illustrated in
Figure 8, the vertical flanges 740 are parallel with each other.
[00120] As best illustrated with reference to Figures 9 and 10, an edge 745 of the body 705 is
sloping from the rear surface 710 to the front surface 720, such that when water runs down the
glass or tiles, it is deflected towards the front surface 720 and thus away from the glass or tiles.
This helps prevent the razor holder 700 from falling off the glass or tiles when water runs over it.
[00121] The razor support member 715 is centrally located on the body 705, and the front
surface 720 of the body 705 forms a peripheral edge 755 around the member 715. As discussed
above, this peripheral edge 755 assists in providing a sturdy bond between the razor holder and
the surface.
[00122] A lower portion 750 of the front surface 720 is thicker than the remainder of the
body 705, to move the handle of the razor away from the wall, when in use. This is particularly
advantageous when razors have long handles, as it prevents the handle from touching the wall on
which the razor holder 700 rests.
surface 710 and the surface which the razor holder 700 is being attached, by creating a partial
[00124] The other surfaces, including a front surface of the razor holder 700 are matt, and do
not adhere to surfaces or otherwise. This combination of a glossy rear surface and matt (non-
glossy) other surfaces enables the razor holder 700 to be releasably attached to tiles and other
surfaces, without having any glossy surfaces exposed, which may attract dirt, hair and the like.
Furthermore, the matt surface is aesthetically pleasing.
[00125] The razor holder 700 is unitarily formed of silicone. This provides structural
integrity, reduces risk of damage at joins, and simplifies cleaning. Furthermore, silicone is
aesthetically attractive.
[00126] While the razor holder 700 is described above as having a substantially rectangular
shape, the razor holder 700 has curved corners, which provides an aesthetically attractive razor
holder 700.
[00127] According to certain embodiments, and as discussed above, the silicone may be
treated using antibacterial or antifungal chemicals. Similarly, the skilled addressee will readily
appreciate that alternatives to silicone may be used, including elastomers that are elastic and
have a high failure strain, which includes rubber- like and silicone-like products.
[00128] The razor support member 715 is specifically shaped to allow a very wide variety of
hand held razors to fit. However, the skilled addressee will readily appreciate that variations of
the razor support member 715 may be used, including a wider gap between arms 725, wider
support surfaces 730 and the like.
[00129] The body 705 is primarily about 1mm thick, about 60mm wide and about 145mm
long. The arms 725 extend outwardly from the body about 22mm.
[00130] According to certain embodiments (not illustrated), a small mirror is embedded in the
body 705. The mirror may be located adjacent the razor support member 715, and enable use of
the mirror when the razor is used.
[0013 1] An alternative embodiment of the present invention is described below in the form of
an elastomeric holder including a mirror.
[00132] Figure 11 illustrates a portable mirror 1100, according to an embodiment of the

present invention. The portable mirror 1100 provides a non-permanent, handy and hygienic
mirror for placement in the shower (e.g. on a tile, glass or other flat surface) or other suitable
surface.
[00133] The mirror 1100 includes a substantially planar, rectangular shaped body 1105,
which is configured to releasably attach to a flat surface, such as a glass panel, tile or the like.
As best illustrated in Figures 13 and 14, a rear surface 1110 of the body 1105 is planar and
glossy, and is configured to releasably adhere to surfaces, such as glass, tiles, mirrors, plastic
[00134] The mirror 1100 further includes a mirror element 1115 that is partially encased by
the body 1105, such that corners and edges of the mirror are covered by the body 1105. A
substantial portion of a reflective surface 1120 of the mirror element 1115 is visible.
[00135] In particular, the body 1105 includes a retainer in the form of an opening 1125, for
receiving the mirror element 1115, which enables the mirror element 1115 to be removed and
reinserted into the body 1105. The body 1105 is stretched over the mirror element 1115 such
that it fits snugly around the mirror element 1115. This enables various types of mirror elements
115, such as mirror elements 115 with different magnifications, to be installed in the body 1105
as needed. This further simplifies manufacture, as the same body 1105 may be made
independently of the mirror element 1115.
[00136] The body includes lips 1130 that extend around a periphery of the mirror element,
and approximately 1mm over the edges of the mirror element 1115. Providing lips 1130 which
are about 1mm, has been found to be sufficient in retaining the mirror element 1115 in the body
1105, while providing a maximum useful area of the mirror element 1115.
[00137] The body 1105 further includes a tab 1140, which provides a gripping surface for
holding the mirror 1100, without having to touch the mirror element 1115 and thus put
fingerprints thereon. Furthermore, the tab 1140 simplifies removal of the mirror 1100 from a
surface as it provides a wide area for the user to grip onto with their fingers.
[00138] The tab 1140 also functions as an alignment member, for aligning with
corresponding tabs 1140 of other objects to be installed adjacent to the mirror 1100. For
example, a razor or toothbrush holder may include a corresponding tab 1140, such that the tabs
1140 engage with each other.
[00139] According to certain embodiments, the mirror element 1115 includes a

corresponding mirror tab (not illustrated), which extends into the tab 1140, providing rigidity and
support to the tab 1140. In particular, the mirror element 1115 is rigid, and as such, provides
rigidity to the tab 1140.
[00140] The mirror element 1115 includes an anti-fog coating, which is particularly useful
when being used in the shower. The anti-fog coating may, for example, be formed from a
surfactant or hydrophilic surface, as is known in the art of anti-fog mirrors.
[00141] The mirror element is advantageously made of polycarbonate, which is strong,

lightweight, and does not easily shatter like glass. Alternatively, the mirror may be formed of an
acrylic or any other suitable rigid, impact-resistant, non-metallic, and/or non-glass material.
[00142] Preferably, the body is substantially planar. Suitably, the body is primarily about
lmm thick. Suitably, the body is about 80mm wide and about 145mm long.
[00143] Preferably, an edge 1135 of the body 1105 is sloping from a rear surface 1110 of the
body 1105 to a front surface 1145. As such, when water runs down the surface on which the
mirror 1100 is attached, it is deflected away from that surface, which helps prevent the mirror
1100 from falling off the surface.
[00144] According to certain embodiments, the tabs 1140 include indicia in the form of
branding or advertising. As such, the mirrors 1100 may be specifically suited for promotional
purposes.
surface 110 and the surface which the mirror 1100 is being attached, by creating a partial
[00146] The other surfaces, including a front surface of the body 1105, are matt, and do not
adhere to surfaces or otherwise. In particular, a seal cannot be achieved due to small
irregularities in the surface. These irregularities are generally not visible to the naked eye, but
instead provide the appearance of a matt (non-glossy) surface due to light deflection caused by
the irregularities.
[00147] This combination of a glossy rear surface 1110 and matt (non-glossy) other surfaces
enables the mirror 1100 to be releasbly attached to tiles and other surfaces, without having any
glossy surfaces exposed, which may attract dirt, hair and the like. Furthermore, the matt surface
is aesthetically pleasing.
[00148] The glossy and matt (non-glossy) surfaces are achieved using glossy (polished) and
matt (non-polished) surfaces when moulding the body 1105.
[00149] The body 1105 is unitarily formed of silicone. This provides structural integrity,
reduces risk of damage at joins, and simplifies cleaning. Furthermore, this provides an
aesthetically attractive mirror.
[00150] While the mirror 1100 is described above as having a substantially rectangular shape,
the body 1105 has curved corners. This not only provides an aesthetically attractive mirror, but
also helps distribute force if the mirror is dropped on one of the corners.
[0015 1] The body 1105 is advantageously formed using moulding of liquid silicone rubber.
This enables the body 1105 to be produced inexpensively and in high volume.
[00152] The skilled addressee will readily appreciate that alternatives to silicone may be
used, including elastomers that are elastic and have a high failure strain, which includes rubber
like and silicone-like products.
[00153] According to certain embodiments, the silicone may be treated using antibacterial or
antifungal chemicals. In particular, chemicals may be mixed into a liquid silicone rubber prior to
moulding. However, the skilled addressee will readily appreciate that the body 1105, even
without the addition of chemicals, has a certain resistance against bacteria and mould growth as
the silicone does not retain any water, and the mirror 1100 is configured to dry quickly and not
retain any water.
[00154] Advantageously, the mirror 1100 can be used to grip to shiny surfaces like glass,
mirror and tiles, without requiring adhesives, suction caps or permanent mounts. In particular,
the mirror 1100 may be applied to surfaces as many times as you like and it will not lose grip. As
such, the mirror 1100 is particularly suited to use in motels, hotels and other temporary
accommodation, as well as semi-permanent installation in bathrooms, such as on other mirrors or
in showers.
[00155] The mirror 1100 is easy to clean and hygienic. For example, as the mirror 1100 sits
flush against the glass, tiles or mirror on which it is attached, dirt and grim cannot build up
behind the mirror 1100. Furthermore, the mirror 1100 may be cleaned by rinsing it under warm
or hot water, or by placing it in a dishwasher.
[00156] The mirror may be mounted at any height on your wall or mirror in the bathroom,
and as such, the user does not have to bend down to shave or put on make up.
[00157] An alternative embodiment of the present invention is described below in the form of
a shower caddy.
[00158] Figure 15 illustrates a front view of a shower caddy 1500, according to an

embodiment of the present invention. Figure 16 illustrates a top view of the caddy 1500, Figure
17 illustrates a bottom view of the caddy 1500, and Figure 18 illustrates a side view of the caddy
1500.
[00159] The shower caddy 1500 provides a non-permanent, handy and hygienic place to store
bottles of soap, facewash, shampoo and conditioner, for example, in the shower (e.g. on a tile,
glass or other flat surface). The shower caddy 1500 may, however, also be used in the kitchen or
laundry to store dishwashing detergent, soap, detergent or the like.
[00160] The shower caddy 1500 includes a substantially planar body 1505, which is
configured to releasably attach to a flat surface, like the body 105 of the toiletry holder of Figure
1. In particular, a rear surface 1510 of the body 1505 is planar and glossy, and is configured to
releasably adhere to surfaces, such as glass, tiles, mirrors, plastic surfaces and the like.
[00161] A storage pocket 1515 also extends outwardly from a front surface 1520 of the body
105 and is configured to receive bottles of soap, shampoo, conditioner and the like. The pocket
1515 comprises substantially parallel sidewalls 1525 that extend outwardly from the body 1505,
a front 1530 and a base 1535. The sidewalls 1525 extend perpendicularly from the front surface
of the body 105, and the front 1530 extends between end portions of the sidewalls 1525. The
sidewalls 1525 and the front 1530 extend upwardly from respective edges of the base 1535 to
define the pocket 1515.
[00162] The pocket 1515 includes a pocket divider 1540, which is configured to define the
pocket 1515 into two equally sized portions 1515a, 1515b. The pocket divider 1540 is similar to
the sidewalls 1525, and defines a right sidewall for the left pocket portion 1515a and a left
sidewall for the right pocket portion 1515b.
[00163] As is best illustrated in Figure 16, the sidewalls 1525 and the front 1530 are joined
by a bevelled edge portion 1545, similar to the bevelled edge portion 195 of the toiletries holder
100 of Figure 1.
[00164] Similarly, and as best illustrated with reference to Figures 16-18, an edge 1550 of the
body 105 is sloping from the rear surface 1510 to the front surface 1520, such that when water
runs down or along the glass or tiles, it is deflected towards the front surface 1520 and thus away
from the glass or tiles. This helps prevent the shower caddy 1500 from falling off the glass or
tiles when water runs over it.
[00165] The pocket 1515 is centrally located on the body 1505, and the front surface 1520 of
the body 1505 forms a peripheral edge 1555 around the pocket 1515. As discussed above, this
peripheral edge 1555 assists in providing a sturdy bond between the razor holder and the surface.
[00166] As was the case for the front surface 120 of the toiletries holder, the other surfaces,
including the front surface 1520 of the shower caddy 1500 are matt, and do not adhere to
surfaces. This combination of a glossy rear surface and matt (non-glossy) other surfaces enables
the shower caddy 1500 to be releasably attached to tiles and other surfaces, without having any
[00167] Similarly, and as was the case for the toiletry holder 100, the shower caddy 1500 is
unitarily formed of silicone. This provides structural integrity, reduces risk of damage at joins,
and simplifies cleaning. Furthermore, silicone is aesthetically attractive.
[00168] Finally, the shower caddy includes an alignment portion 1560, similar to the tab 200,
for aligning with corresponding alignment members of other objects to be installed adjacent to
the shower caddy 1500. For example, a mirror (not illustrated) may include a corresponding
alignment member, such that the alignment members engage with each other to align the mirror
with the shower caddy 1500.
[00169] An alternative embodiment of the present invention is described below in the form of
a make-up caddy.
[00170] Figure 19 illustrates a front view of a make-up caddy 1900, according to an

embodiment of the present invention. Figure 20 illustrates a top view of the caddy 1900, Figure
2 1 illustrates a bottom view of the caddy 1900, and Figure 22 illustrates a side view of the caddy
1900.
[00171] The make-up caddy 1900 provides a non-permanent, handy and hygienic place to
store make-up and make-up accessories, such as make up brushes, a complexion sponge and
lipstick, in, for example, a bedroom or bathroom (e.g. on a tile, mirror, glass or other flat
surface). The skilled addressee will, however, readily appreciate that the make-up caddy 1900
may be used in any suitable area.
[00172] The make-up caddy 1900 includes a substantially planar body 1905, which is
configured to releasably attach to a flat surface, like the body 105 of the toiletry holder of Figure
1. In particular, a rear surface 1910 of the body 1905 is planar and glossy, and is configured to
releasably adhere to surfaces, such as glass, tiles, mirrors, plastic surfaces and the like.
[00173] A plurality of storage pockets 1915 extend outwardly from a front surface 1920 of
the body 1905 and are configured to receive make-up and make-up accessories. Each pocket
1915 comprises substantially parallel sidewalls 1925 that extend outwardly from the body 1905,
a front 1930 and a base 1935. The sidewalls 1925 extend perpendicularly from the front surface
of the body 1905, and the front 1930 extends between end portions of the sidewalls 1925. The
sidewalls 1925 and the front 1930 extend upwardly from respective edges of the base 1935 to
define the pockets 1915.
[00174] A first pocket 1915a extends outwardly from a front 1930 of a second pocket 1915b,
rather than from the body 1905 directly. This provides a multi-tiered pocket arrangement, which
allows make-up to be positioned in a tiered arrangement, both in front of and above each other.
[00175] A right pocket 1915c includes a pocket divider 1940, which is configured to divide
the pocket 1915c into two equally sized portions, similar to the pocket divider 1540 of the
shower caddy 1500. Similarly, a central pocket 19 15d includes first and second pocket dividers
1940, which are configured to divide the pocket 1915d into three equally sized portions.
[00176] The pockets 1915 are arranged such that the spaces between pockets can be used to
hold make-up brush upside down to dry. In particular, the sidewalls are arranged such that a
tapered holder is formed between the pockets 1915, such that brushes of various thicknesses can
be held upside down, as illustrated by brush 2000 in Figure 19. In particular, an end of the brush
2000 is wedged between the pockets 1915, and friction therebetween holds the brushes in place.
[00177] Similar to the sloping edges described above, and as best illustrated with reference to
Figures 20-22, an edge 1950 of the body 105 is curved, which also assists with water run-off
(should the make-up caddy 1900 be exposed to water), but improves the aesthetics of the m ak e
up caddy 1900.
[00178] The pockets 1915 are centrally located on the body 1905, and the front surface 1920
of the body 1905 forms a peripheral edge 1955 around the pocket. This peripheral edge 1955
assists in providing a strong bond to the surface, as it prevents force that is applied to the pocket
1915 from being translated directly to an edge of the body 1905, as described above.
[00179] As was the case for the front surface 120 of the toiletries holder, the other surfaces,
including the front surface 1920 of the make-up caddy 1900 are matt, and do not adhere to
surfaces. This combination of a glossy rear surface and matt (non-glossy) other surfaces enables
the make-up caddy 1900 to be releasably attached to tiles and other surfaces, without having any
[00180] Similarly, and as was the case for the toiletry holder 100, the make-up caddy 1900 is
unitarily formed of silicone. This provides structural integrity, reduces risk of damage at joins,
and simplifies cleaning. Furthermore, silicone is aesthetically attractive.
[00181] Any of the holders described above may be formed using moulding of liquid silicone
rubber. This enables the holders to be produced inexpensively and in high volume.
[00182] Advantageously, the holders can be used to grip to shiny surfaces like glass, mirror
and tiles, without requiring adhesives, suction caps or permanent mounts. In particular, the
holders may be applied to surfaces as many times as you like and it will not lose grip. As such,
the holders are particularly suited to use in motels, hotels and other temporary accommodation,
as well as semi-permanent installation in bathrooms, such as on mirrors or in showers.
[00183] The holders are easy to clean and hygienic. For example, as the holders sit flush
against the glass, tiles or mirror on which they are attached, dirt and grime cannot build up
behind the holders. Furthermore, the holders may be cleaned by rinsing it under warm or hot
water, or by placing them in a dishwasher, without removing any adhesive properties of the
holder.
[00184] In the present specification and claims (if any), the word 'comprising' and its
derivatives including 'comprises' and 'comprise' include each of the stated integers but does not
exclude the inclusion of one or more further integers.
[00185] Reference throughout this specification to ne embodiment' or 'an embodiment'

means that a particular feature, structure, or characteristic described in connection with the
embodiment is included in at least one embodiment of the present invention. Thus, the
appearance of the phrases 'in one embodiment' or 'in an embodiment' in various places
throughout this specification are not necessarily all referring to the same embodiment.
Furthermore, the particular features, structures, or characteristics may be combined in any
suitable manner in one or more combinations.
[00186] In compliance with the statute, the invention has been described in language more or
less specific to structural or methodical features. It is to be understood that the invention is not
limited to specific features shown or described since the means herein described comprises
preferred forms of putting the invention into effect. The invention is, therefore, claimed in any
of its forms or modifications within the proper scope of the appended claims (if any)
appropriately interpreted by those skilled in the art.
CLAIMS
1. An elastomeric holder comprising:

a body, having a substantially planar rear surface, configured to releasably adhere to a
vertical surface without the use of adhesives; and
a retainer, for retaining an item and formed at least in part by the body, such that a front
surface of the body forms a peripheral edge around the retainer.
2. The holder of claim 1, wherein the retainer comprises at least one pocket, extending
outwardly from a central portion of the front surface.
3. The holder of claim 2, wherein the pocket is configured to receive a toothbrush and
toothpaste.
4. The holder of claim 2, wherein the pocket is elongate.
5. The holder of claim 1, further including a razor holder, for receiving a razor, the razor
holder extending outwardly from a front surface of the body.
6. The holder of claim 4, wherein the razor holder is configured to receive a head of a razor.
7. The holder of claim 4, wherein the razor holder comprises parallel arms that extend
outwardly from the body.
8. The holder of claim 1, further including a ring holder, for receiving a ring, the ring holder
extending outwardly from a front surface of the body.
9. The holder of claim 1, wherein the retainer includes a drainage aperture, to prevent water
from being contained therein.
10. The holder of claim 1, wherein the body is substantially planar.
11. The holder of claim 1, wherein the body is primarily about 1mm thick.
12. The holder of claim 1, wherein the retainer comprises a razor holder, for receiving a
razor, the razor holder extending outwardly from a front surface of the body.
13. The holder of claim 12, wherein the razor holder comprises parallel arms that extend
outwardly from the body, the parallel arms each defining an upper support surface, the upper
support surfaces in a common plane.
14. The holder of claim 13, wherein the razor holder includes vertical flanges, which extend
outwardly from the front surface and along each of the arms to support the arms.
15. The holder of claim 1, wherein the retainer is for retaining a planar mirror.
16. The holder of claim 15, wherein edges of the mirror are encased in the body.
17. The holder of claim 15, wherein the body comprises a lip that extends over an edge of the
mirror.
18. The holder of claim 17, wherein the lip extends approximately 1mm over a reflective
surface of the mirror.
19. The holder of claim 1, wherein the retainer comprises a plurality of pockets.
20. The holder of claim 19, wherein adjacent pockets are configured to form an intermediate
retainer between the pockets.
21. The holder of claim 20, wherein the intermediate retainer is configured receive objects
wedged therein.
22. The holder of claim 21, wherein the intermediate retainer is tapered such that objects of
various thicknesses can be held therein.
23. The holder of claim 1, wherein the holder is integrally formed.
24. The holder of claim 23, wherein the holder is formed of silicone rubber.
25. The holder of claim 24, wherein the rear surface comprises a glossy surface.
26. The holder of claim 25, wherein a front surface of the body comprises a non-glossy
surface.
27. The holder of claim 24, wherein the rear surface is smoother than a front surface of the
body.
28. The holder of claim 1, wherein the holder is formed by moulding liquid silicone rubber.
29. The holder of claim 28, wherein the silicone rubber is treated using antibacterial or
antifungal chemicals.
A. CLASSIFICATION OF SUBJECT MATTER

A47K 5/00 (2006.01) A47G 29/08 (2006.01) A47G 1/16 (2006.01) A45D 33/00 (2006.01)
According to International Patent Classification (IPC) or to both national classification and IPC
B. FIELDS SEARCHED
Minimum documentation searched (classification system followed by classification symbols)
Documentation searched other than minimum documentation to the extent that such documents are included in the fields searched
Electronic data base consulted during the international search (name of data base and, where practicable, search terms used)
EPODOC, WPIAP & TXTE(Public Cluster): IPC/CPC/low A47K2201/02, A47K5, A47K3, A47G1, F16B47, A45D33/005, A45D33/008,
A45D33, A47G29/08 & KW (Rubber, Elastomer, Polymer, Silicone, Wall, Tile, Splash-Back, Stick, Adhere, Attach, Fix, Mount, Engage, Self-
Adhesive, Self-Support, Release, Temporary, Holder, Caddy, Tray, Shower, Bathroom, Mirror, Make-up, Reuse, Detach & similar terms.
Espacenet: A47Gl/1 6/low, A47K3, A47K2201/02, F 16B47/low, A47G2001/005, A45C1 1/low, A47/low, A47G29/08, A47K5/low & KW
(elastomer, Rubber, Caddy, Holder, Wall, Mount and similar terms. AUSPAT: Applicant/Inventor name search. Other: Applicant/inventor search
also conducted in internal IP Australia Databases.
C . DOCUMENTS CONSIDERED TO BE RELEVANT
Category* Citation of document, with indication, where appropriate, of the relevant passages Relevant to
claim No.
Documents are listed in the continuation of Box C
X Further documents are listed in the continuation of Box C X See patent family annex
* Special categories of cited documents:

"A" document defining the general state of the art which is not "T" later document published after the international filing date or priority date and not in
considered to be of particular relevance conflict with the application but cited to understand the principle or theory
underlying the invention
"E" earlier application or patent but published on or after the "X" document of particular relevance; the claimed invention cannot be considered novel
international filing date or cannot be considered ot involve an inventive step when the document is taken
alone
"L" document which may throw doubts on priority claim(s) or "Y" document of particular relevance; the claimed invention cannot be considered to
which is cited to establish the publication date of another involve an inventive step when the document is combined with one or more other
citation or other special reason (as specified) such documents, such combination being obvious to a person skilled in the art
"O" document referring to an oral disclosure, use, exhibition
or other means "&" document member of the same patent family
"P" document published prior to the international filing date
Date of the actual completion of the international search Date of mailing of the international search report
30 August 201 6 30 August 2016
Name and mailing address of the ISA/AU Authorised officer
AUSTRALIAN PATENT OFFICE Pascar Chitsaka

PO BOX 200, WODEN ACT 2606, AUSTRALIA AUSTRALIAN PATENT OFFICE
Email address: pct@ipaustralia.gov.au (ISO 9001 Quality Certified Service)
Telephone No. 0262832130
Form PCT/ISA/210 (fifth sheet) (July 2009)

ont nuat on .
Category* Citation of document, with indication, where appropriate, of the relevant passages Relevant to claim No.
CN 202960272 U (ZOU JIANPING) 05 June 201 3, English Abstract retrieved from

EPODOC database
X Figs 1-4, English abstract retrieved from EPODOC database 1-29
US 3476257 A (O'CONNELL) 04 November 1969

X Abstract, Figs 1-2 & Col 1 lines 22-23, 52-55, 6 1, Col 3 lines 13-25 1-2, 4, 10, 19 & 23
US 20 4/0054434 A (CHEN) 27 February 2014

X Abstract, Fig 1 & Para 0021-0022 1 & 10
U S 2015/005 1307 A l (YEUNG) 19 February 201 5

A Abstract, Para 0002-0003, & 0005-0006 1
Form PCT/ISA/210 (fifth sheet) (July 2009)

Information on patent family members PCT/AU2016/050606

This Annex lists known patent family members relating to the patent documents cited in the above-mentioned international search
report. The Australian Patent Office is in no way liable for these particulars which are merely given for the purpose of information.
Patent Document/s Cited in Search Report Patent Family Member/s
Publication Number Publication Date Publication Number Publication Date
CN 202960272 U 05 June 20 13
US 3476257 A 04 November 1969 US 3476257 A 04 Nov 1969
US 2014/0054434 A 1 27 February 2014 US 2014054434 A l 27 Feb 2014
US 2015/005 1307 A l 19 February 201 5 US 201 505 1307 A l 19 Feb 2015
US 2013005843 A l 03 Jan 2013

US 2013005844 A l 03 Jan 2013
WO 2013002843 A2 03 Jan 2013
End of Annex
Due to data integration issues this family listing may not include 10 digit Australian applications filed since May 2001.
Form PCT/ISA/210 (Family Annex)(July 2009)
EXHIBIT F
Reg. No. 5,328,120 TECH AND GOODS INC. (GEORGIA CORPORATION), TA SipCaddy
2107 N Decatur Rd.
Registered Nov. 07, 2017 Decatur, GEORGIA 30033

Int. Cl.: 21
Trademark
No claim is made to the exclusive right to use the following apart from the mark as shown:
"SHOWER"
SER. NO. 87-387,190, FILED 03-27-2017

EXHIBIT G
Reg. No. 5,259,338 TECH AND GOODS, INC. (GEORGIA CORPORATION)

156
Registered Aug. 08, 2017 2107 N DECATUR RD.
DECATUR, GA 30033
Int. Cl.: 21 CLASS 21: Bath accessories, namely, cup holders
Trademark FIRST USE 6-17-2014; IN COMMERCE 7-27-2014
Principal Register THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
PARTICULAR FONT STYLE, SIZE OR COLOR
SER. NO. 87-156,977, FILED 08-31-2016

HOWARD SMIGA, EXAMINING ATTORNEY
EXHIBIT H

2107 N DECATUR RD 156
Registered Aug. 08, 2017 DECATUR, GA 30033

Int. Cl.: 21
Trademark
No claim is made to the exclusive right to use the following apart from the mark as shown:
"SHOWER"
SER. NO. 87-201,567, FILED 10-12-2016

EXHIBIT I

2107 N DECATUR RD 156
Registered Aug. 08, 2017 DECATUR, GA 30033

Int. Cl.: 21
Trademark
SER. NO. 87-201,566, FILED 10-12-2016

EXHIBIT J
EXHIBIT K
EXHIBIT L
EXHIBIT M
EXHIBIT N
USOOD779284S
(12) United States Design Patent (10) Patent No.: US D779,284 S

LaFavers et al. (45) Date of Patent: Feb. 21, 2017
(54) CUP HOLDER D447,012 S * 8/2001 Owens ........................... D7,620
7,284,737 B2 * 10/2007 Kane .................. A47G 23,0225
(71) Applicant: Tech and Goods Inc., Decatur, GA 248,226.11
(US) D612,691 S * 3/2010 Barnes, Jr. ..................... D7,620
(72) Inventors: Carson LaFavers, Decatur, GA (US); * cited by examiner

Keefe Butler, Brooklyn, NY (US) Primary Examiner — Keli L Hill
(73) Assignee: TECH AND GOODS INC., Decatur, (74) Attorney, Agent, or Firm — Howard & Howard
GA (US) Attorneys PLLC
(**) Term: 14 Years
(21) Appl. No.: 29/524,989 (57) CLAM
(22) Filed: Apr. 24, 2015 We claim the ornamental design for a cup holder, as shown
and described.
(51) LOC (10) Cl. ............................................... O7-06
(52) U.S. C.
USPC ........................................................... D7/62O
(58) Field of Classification Search DESCRIPTION
USPC .......... D7/601, 602,619.1, 620, 701, 708.1;
D3/202, 229; D12/419, 420; 220/737; FIG. 1 is a perspective view of the new design of a cup
228/309.1, 310, 311.2, 313; 297/188.14, holder;
297,188.18 FIG. 2 is a front view of the cup holder shown in FIG. 1;
CPC ......... A47B 55700; A47B 55/02: A47B 73/00; FIG. 3 is a rear view of the cup holder shown in FIG. 1;
A47B 73/002; A47B 73/004; A47B FIG. 4 is right side elevation view of the cup holder shown
73/006; A47B 73/008: A47B in FIG. 1;
69/00; A47G 23/0266; B65D FIG. 5 is a left side elevation view of the cup holder shown
81/18: B65D 81/3876; B65D 81/3886 in FIG. 1;
See application file for complete search history. FIG. 6 is a top view of the cup holder shown in FIG. 1; and,
FIG. 7 is a bottom view of the cup holder shown in FIG. 1.
(56) References Cited
The broken lines shown are included for the purpose of
U.S. PATENT DOCUMENTS illustrating portions of the cup holder that form no part of the
claim.
D303,915 S * 10/1989 Knutson ... D11.27
D346,996 S * 5/1994 Blackburn . . . . . . . . . . . . . . . . . . D12,411 1 Claim, 4 Drawing Sheets
U.S. Patent Feb. 21, 2017 Sheet 1 of 4 US D779,284 S
F.G. 1
FG. 2
FG. 4
F.G. 5
F.G. 6
EXHIBIT O
THIMITULLUM TITLE USOOD794398S
(12 ) LaFavers
United etStates Design Patent ( 10) Patent No.: US D794 ,398 S
al. (45) Date of Patent: * * Aug. 15 , 2017
(54) CUP HOLDER D447,012 S 8/ 2001 Owens et al.
7 , 284, 737 B2 10 /2007 Kane
(71 ) Applicant: Tech and Goods Inc., Decatur,GA D612 ,691 S 3 / 2010 Barnes, Jr.
D767, 944 S * 10 / 2016 Webb , IV D7/620
(US ) D775 ,906 S * 1 /2017 Edwards .. ....... ......... 07/708. 1
D779 ,280 S * 2 /2017 Knowlton ................... 07 /600 . 1
(72 ) Inventors : Carson LaFavers, Decatur, GA (US ); D779 ,284 S * 2/ 2017 LaFavers ........ . . .. . ... 07/620
Keefe Butler, Brooklyn , NY (US) * cited by examiner
(73 ) Assignee : TECH AND GOODS INC ., Decatur, Primary Examiner — Keli L Hill
GA (US ) (74 ) Attorney, Agent, or Firm — Howard & Howard
(* * ) Term : 15 Years Attorneys PLLC
(21) Appl. No.: 29 /589,404
(22) Filed : Dec . 30 , 2016 (57 ) CLAIM
Related U .S . Application Data We claim the ornamental design for a cup holder, as shown
and described .
(63 ) Continuation of application No. 29/524, 989 , filed on
Apr. 24 , 2015, now Pat. No . Des. 779,284 .
(51) LOC ( 10) CI. .... .. .. ...... 07 -06 DESCRIPTION
U .S . Cl.
USPC .......... ..... 07 /620 FIG . 1 is a first perspective view of the new design of a cup
(58 ) Field of Classification Search
ODS holder ;
USPC .......... 17/601, 602, 619 . 1, 620 , 701, 708 . 1 ; FIG . 2 is a second perspective view of the new design of a
D3/ 202, 229 ; D12 /419 , 420 ; 220 / 737; cup holder ;
228 /309. 1 , 310 , 311 . 2 , 313 ; 297 / 188 . 14 , FIG . 3 is a front view of the cup holder ;
297 /188.18 FIG . 4 is a rear view of the cup holder ;
CPC . ....... A47B 55 /00 ; A47B 55 /02 ; A47B 73 /00 ; FIG . 5 is a right side elevation view of the cup holder;
A47B 73 / 002 ; A47B 73 / 004 ; A47B FIG . 6 is a left side elevation view of the cup holder ;
73 /006 ; A47B 73 /008 ; A47B 69/00 ; FIG . 7 is a bottom view of the cup holder;
A47G 23 / 0266 ; B65D 81/ 18 ; B65D FIG . 8 is a top view of the cup holder ;
81/3876 ; B65D 81/ 3886 FIG . 9 is another perspective view of the cup holder;
See application file for complete search history . FIG . 10 is another perspective view of the cup holder; and ,
FIG . 11 is another perspective view of the cup holder.
(56 ) References Cited The broken lines shown are included for the purpose of
U . S . PATENT DOCUMENTS illustrating environment of the cup holder and form no part
of the claimed design .
D303 ,915 S 10 / 1989 Knutson
5 / 1994 Blackburn 1 Claim , 6 Drawing Sheets
*
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atent Aug. 15 , 2017 Sheet 1 of 6 US D794 ,398 S
Fig . 1
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U . S . Patent Aug. 15, 2017 Sheet 3 of 6 US D794 ,398 S
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Fig . 6 }
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EXHIBIT P
EXHIBIT Q
10/24/2018 30 Watt1-1
CASE 0:18-cv-03013 Document Mail - Notice:
FiledPolicy Warning
10/25/18 Page 90 of 95
Davis Ackmann <davis@30watt.com>
Notice: Policy Warning
2 messages
notice@amazon.com <notice@amazon.com> Sat, Sep 22, 2018 at 2:16 AM
To: davis@30watt.com
Hello,

We received a report from a rights owner that claims the items at the end of this email infringe their trademark.

Trademark number 87387190

We removed the content listed at the end of this email. We may let you list this content again if we receive a retraction from the rights owner:

Joseph W Barber, Esq.
JWBarber@howardandhoward.com

If the rights owner agrees to retract their complaint, they must send the retraction to us at noticedispute@amazon.com.

If you believe that the reported content does not infringe the rights owner’s trademark, please email noticedispute@amazon.com with supporting information. This
includes, but is not limited to, an invoice or Order ID.

We consider allegations of intellectual property infringement a serious matter. If we receive more complaints about your listings, we may not allow you to sell on
Amazon.com.

To learn more about this policy, search for “Intellectual Property Violations” in Seller Central Help (https://sellercentral.amazon.com/gp/help/external/201361070).

ASIN: B075FY2BNM
Infringement type: Trademark
Trademark number: 87387190
Complaint ID: 5381095681

You can learn more about your account health in the Performance section of Seller Central (https://sellercentral.amazon.com/performance/dashboard?ref=
ah_em_mpa).

Sincerely,
Seller Performance Team
Amazon.com
notice@amazon.com <notice@amazon.com> Sat, Sep 22, 2018 at 11:00 AM
https://mail.google.com/mail/u/0?ik=c434fd96a7&view=pt&search=all&permthid=thread-f%3A1612291070311760687&simpl=msg-f%3A1612291070311760687&simpl=msg-f%3A1612324064032901533 1/2
EXHIBIT R
EXHIBIT S
10/24/2018 30 Watt1-1
CASE 0:18-cv-03013 Document Mail - Notice:
FiledPolicy Warning
10/25/18 Page 95 of 95
Davis Ackmann <davis@30watt.com>
Notice: Policy Warning
notice@amazon.com <notice@amazon.com> Wed, Oct 3, 2018 at 11:08 PM
Hello,

We received a report from a rights owner concerning the authenticity of the products listed at the end of this email. We removed this content, but we may let you list
these product(s) again if we receive a retraction of the complaint from the rights owner:

TECHANDGOODS@GMAIL.COM

If the rights owner agrees to retract their complaint, they must send the retraction to us at noticedispute@amazon.com.

If you believe that the reported content is authentic, you may email noticedispute@amazon.com with proof of authenticity. This includes, but is not limited to, an
invoice or Order ID.

We consider allegations of intellectual property infringement a serious matter. If we receive more complaints about your listings, we may not allow you to sell on
Amazon.com.

Learn more about this policy in Seller Central Help (https://sellercentral.amazon.com/gp/help/external/201361070).

ASIN: B075FY2BNM
Infringement type: Counterfeit
Trademark asserted: 87387190
Complaint ID: 5410282981

You can learn more about your account health in the Performance section of Seller Central (https://sellercentral.amazon.com/performance/dashboard?ref=
ah_em_mpa).

Sincerely,
Amazon.com
https://mail.google.com/mail/u/0?ik=c434fd96a7&view=pt&search=all&permmsgid=msg-f%3A1613366396345541792&simpl=msg-f%3A1613366396345541792 1/1
JS 44 (Rev. 06/17) 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

30 Watt Holdings, Inc. Tech and Goods, Inc.
(b) County of Residence of First Listed Plaintiff Hennepin County of Residence of First Listed Defendant DeKalb
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Christopher R. Sullivan, Law Office of Chris Sullivan PLLC, 400 S. 4th St Howard & Howard, Joseph W. Barber
Ste 401-100, Minneapolis, MN 55415 450 West Fourth Street, Royal Oak, MI 48067
Tel: 248-723-0456
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 490 Cable/Sat TV
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 850 Securities/Commodities/
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Exchange
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 890 Other Statutory Actions
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 893 Environmental Matters
Medical Malpractice Leave Act ’ 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS Act
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 899 Administrative Procedure
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes
Employment Other: ’ 462 Naturalization Application
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
28 USC § 2201, 15 USC § 1114, 1119, 1125
VI. CAUSE OF ACTION Brief description of cause:
Declaratory relief, unfair competition, unlawful/deceptive trade practices, tortious interference
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
10/25/2018 s/ Christopher R. Sullivan
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
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CASE 0:18-cv-03013 Document 1 Filed 10/25/18 Page 1 of 19

UNITED STATES DISTRICT COURT

THROUGH 10, alleges as follows:

30 WATT HOLDINGS, INC.’S COMPLAINT -1-

relief as shall be deemed just and proper by the Court.

Minneapolis, Minnesota 55401.

3. On information and belief, Defendant Tech and Goods, Inc. (“Defendant” or

Road, #156, Decatur, Georgia 30033.

have been ascertained.

omissions herein alleged.

JURISDICTION AND VENUE

30 WATT HOLDINGS, INC.’S COMPLAINT -2-

States patent law.

that they form part of the same case or controversy.

dollars ($75,000), exclusive of costs and interests.

FACTS COMMON TO ALL CLAIMS

30 WATT HOLDINGS, INC.’S COMPLAINT -3-

a true and correct copy of U.S. Registration No. 5460777.

to hold wine glasses in a shower or bath.

30 WATT HOLDINGS, INC.’S COMPLAINT -4-

application no. PCT/AU2016/050606 (the “Tooletries Patent”).

and SIPSKI products.

“SHOWER BEER Marks.”

marks as the “SHOWER WINE Marks.”

30 WATT HOLDINGS, INC.’S COMPLAINT -5-

with the USPTO in connection with the Disputed Registrations.

correct copies of design patents nos. D794398 and D779284.

the same target customers.

the same or similar trade channels.

29. On or around September 24, 2018, Defendant sent correspondence to Plaintiff’s

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‘SKI Marks were non-infringing.

sent by Amazon on Oct. 3, 2018.

informational and thus not entitled to federal registration.

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for all the injuries resulting from Defendant’s actions.

FIRST CLAIM FOR RELIEF

any intellectual property rights.

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intellectual property rights.

intellectual property rights.

and SIPCADDY marks.

Plaintiff’s manufacturer, Tooletries.

SUDSKI Side Angle SIPSKI Side Angle SIPCADDY Side Angle

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50. Pursuant to 15 U.S.C. § 1052(e), a trademark shall be refused registration if it consists of

deceptively misdescriptive of them[.]”

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entitled to federal registration.

Registrations are void ab initio.

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SECOND CLAIM FOR RELIEF

endorsed, approved, associated, or are authorized by Defendant, in violation of 15 U.S.C. § 1125(a).

holder” to identify its product is both lawful and necessary.

such highly-descriptive terms violates the Lanham Act.

constitutes unfair competition.

deprived of the opportunity to make informed decisions on products.

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and damage to Plaintiff’s business reputation and goodwill.

has made as a result of its wrongful conduct, pursuant to 15 U.S.C. § 1117(a).

become further confused.

THIRD CLAIM FOR RELIEF

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FOURTH CLAIM FOR RELIEF