Peter E. Heuser, OSB No. 811281 pheuser@schwabe.com Kimvi T. To, OSB No. 115865 kto@schwabe.

com Schwabe, Williamson & Wyatt, P.C. Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 Telephone 503.222.9981 Fax 503.796.2900 Attorneys for Plaintiff, Jugs Sports, Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION JUGS SPORTS, INC., an Oregon corporation, Case No.: ______________

Plaintiff, vs. EASTON-BELL SPORTS, INC., a Delaware corporation, and EASTON-BELL SPORTS, L.L.C., a Delaware corporation,

COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, AND UNFAIR COMPETITION DEMAND FOR JURY TRIAL

Defendants.

Plaintiff Jugs Sports, Inc. alleges as follows: NATURE OF THE CASE 1. Page 1 This is a patent infringement lawsuit brought under the patent laws of the United
SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 Telephone 503.222.9981 Fax 503.796.2900

COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, AND UNFAIR COMPETITION

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States, including 35 U.S.C. 271, 281, 283-85, and 289. 2. In addition, this is a trademark infringement and unfair competition case arising

under common law. PARTIES 3. Plaintiff Jugs Sports, Inc. (Jugs) is a corporation, organized and existing under

the laws of the State of Oregon, with its principal place of business at 11885 SW Herman Road, Tualatin, Oregon 97062. 4. Upon information and belief, Defendants Easton-Bell Sports, Inc. and Easton-Bell

Sports, L.L.C. (collectively Easton) are business entities, organized and existing under the laws of the State of Delaware, with their principal place of business at 7855 Haskell Avenue, Suite 200, Van Nuys, California 91406. JURISDICTION AND VENUE 5. This Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1338

because the action arises, in part, under the patent laws of the United States. This Court has supplemental jurisdiction over Jugs related common law claims under 28 U.S.C. 1367. 6. This Court has general jurisdiction over Easton because Easton maintains

continuous and systematic contacts with the State of Oregon, including but not limited to selling or offering for sale products to distributors and retailers throughout the state and in this judicial district. Indeed, if a website user enters Salem, OR in the Store Locator section of Eastons website, www.eastonbaseball.com, the website identifies 41 Oregon dealers located within a 50 mile radius. A copy of the web screen capture is attached as Exhibit A. 7. 1400(b). FACTUAL BACKGROUND 8. Established over forty years ago under a predecessor name, Plaintiff Jugs is a Venue is proper in this Court under 27 U.S.C. 1391(b), 1391(c), and/or

family-owned Oregon company dedicated to offering quality sporting equipment. In particular, SCHWABE, WILLIAMSON & WYATT, P.C. Page 2 COMPLAINT FOR PATENT INFRINGEMENT, Attorneys at Law
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Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 Telephone 503.222.9981 Fax 503.796.2900

Jugs is well-known for its line of baseball and softball training aids, such as baseball pitching machines, softball pitching machines and other practice equipment. Jugs products are designed for and trusted by professional and amateur athletes worldwide. With numerous patents in its name, Jugs is a significant innovator within the industry. Due to its reputation and focus on quality training aids, Jugs and its products enjoy a high degree of brand recognition and goodwill. 9. On March 5, 2001, Jugs filed a design patent application that was subsequently

examined by the United States Patent and Trademark Office (PTO). On December 4, 2001, the PTO duly and legally issued U.S. Patent No. D451,566 (the 566 Patent), entitled BATTING PRACTICE TEE, based on the patent application. Jugs holds all rights, title, and interest in the 566 Patent. A copy of the 566 Patent is attached as Exhibit B. 10. Defendant Easton is in the business of marketing, distributing and selling sporting

equipment, including without limitation, baseball batting tees through its online website, www.eastonbaseball.com, and third party retailers located throughout the United States, including in this judicial district. 11. On information and belief, including statements made on Eastons website

www.eastonbaseball.com, Easton products, including the Pro 5 Point Hitting Tee (Accused Product), infringe the 566 Patent. Easton provides product information regarding the Accused Product on its website. A copy of this product information is attached as Exhibit C. 12. Jugs has marked and continues to mark products made under the 566 Patent,

including its 5-Point Hitting Tee batting tee product. Jugs provides product information regarding the 5-Point Hitting Tee batting tee on its website www.jugssports.com. A copy of this product information is attached as Exhibit D. 13. The 5-Point Hitting Tee batting tee is well-known and popular among the

general public and athletes of all levels. In fact, it is consistently one of Jugs top selling products, as advertised on its website, www.jugssports.com. Since 2001, Jugs has continuously SCHWABE, WILLIAMSON & WYATT, P.C. Page 3 COMPLAINT FOR PATENT INFRINGEMENT, Attorneys at Law
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Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 Telephone 503.222.9981 Fax 503.796.2900

and exclusively used the trademark 5-Point Hitting Tee to refer to one of its batting tees. As a result, the trademark, 5-Point Hitting Tee, has become associated exclusively with Jugs and has come to be recognized favorably by the public as an indicator of Jugs goods and their quality. Accordingly, Jugs owns valuable goodwill in connection with its 5-Point Hitting Tee trademark. 14. On information and belief, after Jugs first use of its 5-Point Hitting Tee

trademark, Easton adopted and began using a nearly identical mark, Pro 5 Point Hitting Tee (Accused Mark), in connection with the Accused Product. Easton continues to advertise and sell the Accused Product using the Accused Mark. The Accused Product and Accused Mark are depicted in Exhibit D. 15. Easton is not an authorized licensee of Jugs, and Jugs has never given Easton

permission to use the design claimed in the 566 Patent or any form or the 5-Point Hitting Tee trademark. COUNT I (Patent Infringement 35 U.S.C. 271) 16. 17. Jugs incorporates by reference paragraphs 1 through 15 as set forth above. Upon information and belief, Easton has made, used, offered to sell, sold, and/or

imported into the United States, and still is at least using, offering to sell, selling, and/or importing into the United States, products that infringe the 566 Patent, such as the Accused Product. 18. Upon information and belief, Easton has been and still is inducing third parties,

such as dealers located throughout the United States, to offer to sell, sell, or use the Accused Product and thereby directly infringe the 566 Patent. A copy of a screen capture of Eastons Store Locator page, which allows visitors of its website to locate dealers, is attached as Exhibit A. 19. Page 4 Because Jugs 5-Point Hitting Tee batting tee is clearly marked with the 566
SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR 97204 Telephone 503.222.9981 Fax 503.796.2900

COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, AND UNFAIR COMPETITION

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Patent, it appears on information and belief that Eastons infringement of the 566 Patent has been intentional and willful, making this an exceptional case. 20. Eastons infringement of the 566 Patent has injured and will continue to injure

Jugs unless and until the Court enjoins further infringement of the 566 Patent. COUNT II (Common Law Trademark Infringement and Unfair Competition) 21. 22. Jugs incorporates by reference paragraphs 1 through 15 set forth above. Easton is using the Accused Mark in a manner that is likely to cause confusion, to

cause mistake and to deceive as to the affiliation, connection, or association of Easton and Jugs, and as to the origin, sponsorship, and approval of Eastons goods by Jugs. 23. Eastons acts constitute common law trademark infringement and unfair

competition and have created and will continue to create a likelihood of confusion, thereby causing irreparable harm to Jugs, including without limitation, injury to Jugs reputation and business identity, resulting in lost revenue and profits and diminished goodwill and reputation. Jugs has no adequate remedy at law for this injury. 24. On information and belief, Easton acted with full knowledge of Plaintiffs

common law rights in the 5-Point Hitting Tee trademark and without regard to the likelihood of confusion of the public created by Eastons activities. 25. On information and belief, Eastons actions in selling a virtually identical product

under a virtually identical trademark demonstrate an intentional, willful, and malicious intent to trade on the goodwill associated with Jugs 5-Point Hitting Tee trademark to the great and irreparable injury of Jugs. 26. As a result of Eastons acts, Jugs has been damaged in an amount not yet

determined or ascertainable. At a minimum, Jugs is entitled to injunctive relief, an accounting of profits, actual damages, punitive damages, and costs.

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JURY DEMAND 27. Pursuant to Fed. R. Civ. P. 38(b), Jugs hereby demands a trial by jury of all issues

so triable that are raised herein or which hereinafter may be raised in this action. PRAYER FOR RELIEF 1. 2. A judgment declaring that Easton has willfully infringed the 566 Patent; A judgment, order, or award of damages adequate to compensate Jugs for

Eastons infringement of the 566 Patent, together with prejudgment interest; 3. A preliminary and/or permanent injunction prohibiting Easton and its subsidiaries,

affiliates, parents, successors, assigns, officers, employees, attorneys, agents, and all other persons acting with Easton or on its behalf from infringing the 566 Patent; 4. A preliminary and/or permanent injunction prohibiting Easton and its subsidiaries,

affiliates, parents, successors, assigns, officers, employees, attorneys, agents, and all other persons acting with Easton or on its behalf from: a. Affixing, applying, annexing, or using in connection with the advertising, sale, or offering of sporting equipment, the Accused Mark, any marks confusingly similar to Jugs 5-Point Hitting Tee mark, or any other marks that might tend to falsely describe or represent such goods as being those of Jugs; b. Performing any actions or using any trademarks, service marks, or other words, names, titles, designs, or logos that are likely to cause confusion, to cause mistake, to deceive, or to otherwise mislead the trade or public into believing that Eastons batting tees are sponsored by, affiliated with, or in any way connected to Jugs; c. Using any trademarks, service marks, or other words, names, titles, designs, or logos or engaging in any other conduct that creates a likelihood of injury to the business reputation of Jugs or a likelihood of Page 6 COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, AND UNFAIR COMPETITION
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misappropriating Jugs distinctive trademarks and the goodwill associated therewith; d. From further infringing Jugs 5-Point Hitting Tee trademark and damaging Jugs goodwill; and e. Engaging in any trade practices, including those complained of herein, which unfairly compete with or injure Jugs, its business, or the goodwill appertaining thereto. 5. An accounting to determine information relevant to establishing the extent of

Eastons infringement and gains, profits, and advantages derived by Easton from its wrongful acts; 6. An award of costs and attorney fees pursuant to 35 U.S.C. 285, to the extent the

Court finds this case to be exceptional; 7. With respect to the 566 Patent, an order trebling the damage award under 35

U.S.C. 284, together with prejudgment interest; and 8. Such other and further relief as this Court may deem proper and just.

Dated this 14th day of September, 2012. Respectfully submitted, SCHWABE, WILLIAMSON & WYATT, P.C.

By:

/s/ Peter E. Heuser Peter E. Heuser, OSB No. 811281 Kimvi T. To, OSB No. 115865 Telephone 503.222.9981 Attorneys for Jugs Sports, Inc.

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