Ramsey v. Walchle - Complaint

Case 3:19-cv-01340-TJC-JRK Document 1 Filed 11/15/19 Page 1 of 31 PageID 1
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
SEAN RAMSEY
Plaintiff
Case No.
vs.
KURT WALCHLE &

TOUGH GEAR, INC. d/b/a
SURVIVAL STRAPS
Defendants
COMPLAINT FOR FALSE ADVERTISING,

FRAUD AND BREACH OF CONTRACT,
PATENT COPYRIGHT & TRADEMARK INFRINGEMENT,
UNFAIR COMPETITION & DECEPTIVE TRADE PRACTICES
DAMAGES, AND INJUNCTIVE RELIEF
WITH DEMAND FOR JURY TRIAL
Comes the Plaintiff, Sean Ramsey (“Plaintiff Ramsey”), and by counsel he brings
this Complaint against Defendants Kurt Walchle (“Defendant Walchle”) and Tough Gear,
Inc., doing business as Survival Straps (“Defendant Survival Straps”) (collectively
“Defendants”). For his Complaint, Plaintiff Ramsey states as follows:
NATURE OF THE ACTION
1. This is an action for false advertising brought under both section 43(a) of
the Lanham Act, 15 U.S.C. § 1125(a), and the Florida Deceptive and Unfair Trade Practices
Act, F.S.A. § 501.201 et seq; an action for design patent infringement brought under the
U.S. Patent Act, 35 U.S.C. § 1 et seq.; an action for trademark infringement and unfair
competition brought under both section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and
Florida law, namely, the Florida Deceptive and Unfair Trade Practices Act, F.S.A.
§ 501.201 et seq. and the common law; an action for infringement of two copyrights
brought under the United States Copyright Act, 17 U.S.C. §101 et seq.; an action for breach
of contract brought under the common law; an action for fraud and an action for unfair,
deceptive, or unconscionable acts or practices brought under both the common law and the
Florida Deceptive and Unfair Trade Practices Act, F.S.A. § 501.201 et seq.
2. Through this action, Plaintiff Ramsey seeks to enjoin Defendants’ false
advertising, patent infringement, trademark infringement and unfair competition, and
copyright infringement, and further seeks to recover damages and an accounting of
Defendants’ profits associated with said offending activities, as well as an award of
attorneys’ fees associated with the offending behaviors which brought rise to these claims.
JURISDICTION AND VENUE
3. This Court has original jurisdiction to adjudicate the false advertising and
trademark infringement claims brought under section 43(a) of the Lanham Act, 15 U.S.C.
§ 1125(a); exclusive jurisdiction to adjudicate the infringement claims brought under U.S.
Patent and Copyright Acts; and supplemental jurisdiction to adjudicate the state law unfair
competition claims and common law claims associated with the foregoing claims pursuant
to 28 U.S.C. § 1338.
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4. This Court also has diversity of citizenship jurisdiction to adjudicate all
claims brought in this action pursuant to 28 U.S.C. § 1332 because Plaintiff is a citizen of
the Commonwealth of Kentucky and all Defendants are citizens of states other than the
Commonwealth of Kentucky, and the amount in controversy exclusive of interest and costs
exceeds the sum or value of $75,000.00.
5. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(1) and (2)
because Defendants do business nationwide, including in Florida and in this District and
the events giving rise to the claims asserted in this proceeding occurred in this District.
THE PARTIES GENERALLY
6. Plaintiff Ramsey, of 3317 Summerfield Drive, Apt. 205 Louisville,
Kentucky 40220, is the owner and operator of a sole proprietorship doing business as
BearArms. BearArms manufactures and markets creative original decorative jewelry
bracelets formed in part with parachute cord, a material often referred to by the
abbreviation, “paracord.”
7. On information and belief, at times pertinent to the claims asserted in this
Complaint, Defendant Tough Gear, Inc. doing business as Survival Straps was a Florida
corporation engaged in the manufacture and sale of assorted consumer goods, including
bracelets formed in part with paracord. On information and belief, Defendant Survival
Straps’ last known place of business was 830-13 A1A N, Suite 502, Ponte Vedra Beach,
Florida 32082.
8. On information and belief, at all times pertinent to the claims asserted in
this Complaint, Defendant Kurt Walchle, an individual, was the president and CEO of
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Survival Straps. On information and belief, Defendant Walchle resides at 121 Egrets Walk
Lane, Ponte Vedra Beach, Florida 32082.
9. On information and belief, at all times pertinent to the claims asserted in
this Complaint Defendant Walchle was an owner and officer of Defendant Survival Straps
and had the right and ability to supervise the offending activities which are the subject of
this Complaint, and had a financial interest in the offending activities.
FACTUAL ALLEGATIONS APPLICABLE TO ALL COUNTS
10. Plaintiff Ramsey is the creator, designer, and inventor of a bracelet design
comprised of paracord surrounding a bendable elongated inner medium, capped on each
end by spent ammunition shell casings, which products are marketed under the product
name, BULLET BRACELETS.
11. The BULLET BRACELET product name is a distinctive designation
adopted by Plaintiff Ramsey and continuously used in association with the goods since at
least January 2015 to identify and distinguish Plaintiff Ramsey’s goods from bracelets
manufactured or marketed by others and further used to indicate the source of the bracelets
produced and marketed by or on behalf of Plaintiff Ramsey.
12. Accordingly, the BULLET BRACELET designation constitutes an
enforceable trademark owned by Plaintiff Ramsey (the “BULLET BRACELET
Trademark”).
13. Photographic examples displaying various of Plaintiff Ramsey’s BULLET
BRACELET designs are as follows:
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Original Design Newer Design
14. The “Original Design” of Plaintiff Ramsey’s BULLET BRACELETS, such
as is shown in the photograph reproduced on the left above, consists of a sleeve of
parachute cord fabric stretched over a bendable central wire, the ends of which are enclosed
by empty shell casings. The finished product is then worn by sliding or bending the bracelet
around a wearer’s wrist.
15. Unlike the “Original Design” of the goods in which the decorative fabric is
a sleeve stretched over the bendable central wire, the “Newer Design” of the goods,
(hereafter the “BULLET BRACELET Spiral Design”), such as is shown in the photograph
reproduced on the right above, consists of a length of parachute cord spirally wrapped
around the bendable wire.
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16. Plaintiff Ramsey’s BULLET BRACELET Spiral Design, the design in
which the paracord is spirally wrapped around the bendable central wire, is more clearly
illustrated in the line drawing reproduced below:
17. Plaintiff Ramsey is the creator and inventor of both designs of BULLET
BRACELETS.
18. Both BULLET BRACELET designs created by Plaintiff Ramsey contain
the “creative spark” which satisfies the “minimal level” or “modicum of creativity”
requisite to protection of said designs under the copyright laws of the United States.
19. In addition to containing the “creative spark” which satisfies the “minimal
level” or “modicum of creativity” requisite to protection of said designs under the copyright
laws of the United States, both BULLET BRACELET designs also consists of a level of
inventiveness which satisfies the higher standard of novelty requisite to protection of said
designs under the patent laws of the United States.
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THE BULLET BRACELET PATENT
20. Plaintiff Ramsey has prosecuted with the United States Patent & Trademark
Office an application for issuance of a design patent covering the BULLET BRACELET
Spiral Design, the design consisting of paracord spirally wrapped around the bendable
central wire, the ends of which are enclosed by empty shell casings, namely an application
to register as a design patent the BULLET BRACELET Spiral Design such as is illustrated
in this line drawing:
21. The United States Patent & Trademark Office examined the application,
determined the BULLET BRACELET Spiral Design satisfied the novelty standard
requisite for patent protection and issued a design patent registration of said design,
namely, Patent No. US D791,006 S, which patent was issued on July 4, 2017 (the “’006
Design Patent”). A true and correct copy of the ’006 Design Patent is attached hereto and
incorporated herein by this reference labeled as Plaintiff’s Exhibit 1.
THE JEWELRY DESIGN COPYRIGHT
22. The “novelty” standard requisite for patent protection is a higher, more
rigorous requirement than the “originality” standard requisite for protection under the
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copyright laws of the United States. The standard for copyright protection of a creative
three-dimensional design is that the design contain a “creative spark”; a “minimal level”
or “modicum of creativity.”
23. The BULLET BRACELET Spiral Design, the design consisting of paracord
spirally wrapped around the bendable central wire, the ends of which are enclosed by empty
shell casings, namely the same design which is the subject of the ’006 Design Patent
discussed above is an original work of authorship which satisfies the standard requisite for
copyright protection of three-dimensional design, namely the pertinent standard which
requires of the creator only a “creative spark” to satisfy the “minimal level” or “modicum
of creativity” standard for protection under the copyright laws of the United States.
24. Plaintiff Ramsey has prosecuted with the United States Copyright Office an
application for issuance of a copyright registration covering the original three-dimensional
appearance of the BULLET BRACELET Spiral Design, the design consisting of paracord
discussed above.
25. In association with said application for issuance of a registration of the
copyright in the BULLET BRACELET Spiral Design, Plaintiff Ramsey caused to be
delivered to the United States Copyright Office through said office’s on-line application
electronic filing portal the requisite deposit image of the design sought to be registered, a
completed application for registration in proper form, and the requisite filing fee. Said
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application for copyright registration was assigned Correspondence ID No. 1-1G4J8VX by
the United States Copyright Office (the “Jewelry Design Copyright Filing”).
26. The United States Copyright Office employee assigned to examine said
application for copyright registration issued a letter refusing registration informing Plaintiff
Ramsey of a determination “this particular work will not support a claim” for registration
because, in the view of the examiner, the design did not consist of the requisite “minimum
amount of creative pictorial, graphic or sculptural authorship.”
27. In doing so, the United States Copyright Office wrongly interpreted the
governing law, misapplying the pertinent “originality” standard requisite for copyright
protection which only requires of the creator a “creative spark,” a “minimal level” or
“modicum of creativity.”
28. Accordingly, pursuant to 17 U.S.C § 411(a), as one of the counts of this
Complaint, Plaintiff Ramsey is instituting a claim for infringement by the Defendants of
the BULLET BRACELET Spiral Design which was the subject of the Jewelry Design
Copyright Filing and will be serving notice thereof along with a copy of this Complaint on
the Register of Copyrights in which case the Register will have the option to intervene as
a party in this action to litigate the issue of whether the Jewelry Design Copyright Filing
was properly refused.
THE ADVERTISING PHOTOGRAPH COPYRIGHT
29. Plaintiff Ramsey advertises in Internet online markets including Facebook,
Instagram, and through the Internet website, https://beararmsbracelets.com/ using assorted
photographs illustrating Plaintiff products.

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30. One such photograph utilized to advertise Plaintiff Ramsey’s BULLET
BRACELET Spiral Design includes the following:
31. This photograph, (the “Advertising Photograph”), consists of an original
work of authorship which satisfies the standard requisite for copyright protection, namely
the pertinent standard which requires of the creator only a “creative spark,” a “minimal
level” or “modicum of creativity” for protection under the copyright laws of the United
States.
application for issuance of a copyright registration relating to the advertising photograph
reproduced above.
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33. The United States Copyright Office examined the application, determined
the advertising photograph satisfied the “originality” standard requisite for copyright
protection, necessarily finding the advertising photograph contained the adequate “creative
spark,” a “minimal level” or “modicum of creativity” requisite for copyright protection
and issued registration of copyright for the photograph, namely, VA 2-098-472, (the
“Advertising Photograph Copyright”). A true and correct copy of the Advertising
Photograph Copyright is attached hereto and incorporated herein by this reference labeled
as Plaintiff’s Exhibit 2.
THE DEAL AND DEFENDANTS’

MISREPRESENTATIONS RELATING THERETO
34. On or about October 7, 2015, Plaintiff Ramsey contacted Defendant
Survival Straps in an effort to interest said Defendant in becoming a reseller of Plaintiff’s
BULLET BRACELETS.
35. On or about October 15, 2015, Defendant Walchle responded informing
Plaintiff Ramsey, “You make great stuff” and “I would love to talk with you because I
think there are some ways we could work together and I know we could move a lot of
products.”
36. At that time, Defendant Walche also informed Plaintiff Ramsey that
Defendants would like to have “several [samples] overnighted to me [Walchle] so I receive
them tomorrow.”
37. Defendants initial sales of the Plaintiff’s BULLET BRACELETS were very
strong, and on November 3, 2015, Defendant Walchle informed Plaintiff Ramsey they were
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expecting to “sell between 150 and 200 today,” and “I think we are gonna blow this out of
the water.”
38. During that time period, Defendants informed Plaintiff Ramsey that his
continued Internet webpage advertising of the BULLET BRACELETS was causing
confusion in the marketplace and possibly interfering with Defendants resale of BULLET
BRACELETS, accordingly Defendants encouraged Plaintiff Ramsey to either shut down
his website, or to redirect all traffic from Plaintiff’s website to Defendant’s website.
39. Two days later, on November 5, 2015, Defendant Walchle informed
Plaintiff Ramsey, “Sold another 150 today. I will call you tomorrow. We are about to blow
this up. I will call you with some details and the plan to take us through Christmas.”
40. Five days later, on November 10, Defendant Walchle informed Plaintiff
Ramsey, “We need 600 [more BULLET BRACELETS] asap. Probably 700 after today”
and also inquired, “are you available tomorrow morning? I need to talk to you about the
BIG picture and some other details.”
41. The plan offered by Defendants and agreed upon was that Defendants would
continue to advertise and sell stock colors of the BULLET BRACELET Spiral Design, all
to be manufactured by Plaintiff Ramsey, and beginning in 2016 Defendants would
commence advertising a wide array of other colors and multi-colored BULLET
BRACELETS which would be manufactured by Defendants.
42. It was so understood and agreed that because Defendants established
paracord bracelet manufacturing facility maintained a large inventory of assorted colors of
paracord and multi-colored types of paracord, and because Plaintiff maintained a less
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extensive inventory of colors of paracord, that Defendants would purchase for resale its
requirements of all stock colors of BULLET BRACELETS from Plaintiff Ramsey in
exchange for Plaintiffs agreement to allow Defendants to produce on its own for sale by
Defendants other colors and multi-colored versions of the BULLET BRACELETS.
43. In association with this agreement, Plaintiff began explaining to Defendants
how the bracelets are manufactured.
44. Notwithstanding the parties’ understanding and agreement that Defendants
would continue to advertise and sell stock colors of Bullet Bracelets, all to be manufactured
by Plaintiff Ramsey, and then in 2016 Defendants could also begin advertising a wide array
of other colors and multi-colored BULLET BRACELETS to be manufactured by
Defendants with Plaintiff’s permission, on or about November 20, 2015, upon reviewing
Defendants’ Internet website, Plaintiff noticed that Defendants had begun advertising an
assortment of colors of BULLET BRACELETS not manufactured by Plaintiff, as well as
BULLET BRACELETS manufactured from spent shell casings of another caliber than the
BULLET BRACELETS manufactured by Plaintiff for resale by Defendants.
45. On November 20, 2015, after discovering that Defendants were offering for
sale BULLET BRCELETS not manufactured by Plaintiff, Plaintiff Ramsey confronted
Defendant Walchle who responded acknowledging that Defendants had “prelaunched” the
sale of these additional versions.
46. On November 22, 2015, Plaintiff Ramsey again complained to Defendants
about the pre-release of the colored BULLET BRACELETS, the pre-release of the
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different calibers and Plaintiff further complained that Defendants were manufacturing
these offending products, not acquiring them from Plaintiff Ramsey.
47. The final correspondence from Defendants to Plaintiff Ramsey was on or
about November 23, 2015
48. Thereafter, Defendant never again either responded to any communications
from Plaintiff nor ordered any BULLET BRACELETS from Plaintiff.
49. Nor did Defendants reply to any of the “cease and desist” letters issued to
Defendants by counsel on behalf of Plaintiff Ramsey.
50. Defendants did however, continue on their own to manufacture products
directly copied or otherwise derived from Plaintiff’s BULLET BRACELET Spiral Design,
including the black and other stock color BULLET BRACELETS which it had agreed to
acquire from Plaintiff for resale, and further, continued manufacturing and selling the other
colors of products directly copied or otherwise derived from Plaintiff’s BULLET
BRACELET Spiral Design, the manufacture, advertising, and sale of which was not to
begin until 2016.
51. Accordingly, Defendants materially breached the agreement entered into by
the parties, namely, the understanding and agreement that Defendants would continue to
advertise and sell black and other stock colors of BULLET BRACELETS, all of which
were to be manufactured by Plaintiff Ramsey, and not until 2016 could Defendants begin
to advertise and sell a wide array of other colors and multi-colored BULLET BRACELET
to be manufactured by Defendant.
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52. Although it was understood and agreed that the revenues associated with
Defendants manufacture and sale of assorted colors and multi-colored BULLET
BRACELETS, other than black and other stock colors, would inure only to the benefit of
Defendants, and consequently would be on the market in competition with the black and
other stock colors of BULLET BRACELETS which would be manufactured by Plaintiff
Ramsey, Plaintiff nonetheless agreed to allow Defendants to do so on the condition that
Defendants would continue to advertise and sell black and other stock colors of BULLET
BRACELETS, all of which were to be manufactured by Plaintiff Ramsey, and on the
further condition the competition associated with the sale of competing BULLET
BRACELETS to be manufactured by Defendants, namely the assorted colors and multi-
colored BULLET BRACELETS other than black and other stock colors would not
commence until 2016.
53. As such, the understanding and agreement that Defendants would in 2016
have Plaintiffs permission to also advertise and sell a wide array of other colors and multi-
colored BULLET BRACELETS manufactured by Defendant fails for a lack of
consideration, namely, Defendants failure to continue to advertise and sell black and other
stock colors of BULLET BRACELETS, all of which would be manufactured by Plaintiff
Ramsey, and the premature “pre-release” of the colored BULLET BRACELETS which it
was agreed Defendant could not manufacture and sell until 2016.
54. Notwithstanding the understanding and agreement Defendants could in
2016 begin manufacturing and selling some colors of BULLET BRACELETS in exchange
for Defendants’ agreement to continue to advertise and sell black and other stock colors of
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BULLET BRACELETS, all of which would continue to be manufactured by Plaintiff
Ramsey, Defendants did not intend to honor their promises to Plaintiff.
55. Defendants’ offer and agreement to continue to advertise and sell black and
other stock colors of BULLET BRACELETS, all of which would be manufactured by
Plaintiff Ramsey, and agreement the sale of competing BULLET BRACELETS to be
manufactured by Defendants, namely the assorted colors and multi-colored BULLET
BRACELETS other than black and other stock colors would not commence until 2016,
were intentional and material misrepresentations made by or on behalf of Defendants.
56. Plaintiff Ramsey relied on these misrepresentations to his detriment. Had
he known Defendants would begin manufacturing and selling black and other stock colors
of BULLET BRACELETS, not manufactured by Plaintiff Ramsey, and would also
prematurely commence selling the other competing colors, Plaintiff Ramsey would not
have agreed to allow Defendants to manufacture and sell competing BULLET
BRACELETS.
57. Accordingly, the permission granted by Plaintiff Ramsey to Defendants
allowing them to manufacture and sell assorted colors and multi-colored BULLET
BRACELETS other than black and other stock colors but not until 2016 was permission
procured through Defendants’ fraud and misrepresentations, and accordingly the grant of
permission is null and void.
58. Following the termination of the business relationship between Plaintiff
Ramsey and the Defendants, Defendants continued to manufacture and sell bracelets
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including black and other stock color bracelets, as well as other colors of bracelets directly
copied or otherwise derived from Plaintiff’s BULLET BRACELET Spiral Design.
59. Further, Defendants procured a copy of a photograph of Plaintiff’s product
which is used to advertise Plaintiff’s BULLET BRACELET Spiral Design, and without
any permission or consent to do so, Defendants continually utilized the photograph to
advertise the Defendants’ bracelets which were directly copied, or otherwise derived from
Plaintiff’s BULLET BRACELET Spiral Design, namely the photograph referred to above
as the Advertising Photograph, specifically the following:
60. In association with Defendants’ marketing and advertising of bracelets
which were directly copied, or otherwise derived from Plaintiff’s BULLET BRACELET
Spiral Design, Defendants falsely advertise that the offending goods are original works,
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even though the offending goods are not the product of Defendants’ original design
ingenuity, rather are directly copied or otherwise derived from Plaintiff’s BULLET
BRACELET Spiral Design.
61. All of the foregoing offending behaviors by or on behalf of Defendants were
committed without the consent of the Plaintiff.
62. In addition to Defendants’ continued manufacture and sale of bracelets
Defendants continually marketed those copies under Plaintiff’s BULLET BRACELET
Trademark and did so without the consent of Plaintiff to do so.
63. In addition to Defendants’ continued marketing under Plaintiff’s BULLET
BRACELET Trademark of bracelets directly copied or otherwise derived from Plaintiff’s
BULLET BRACELET Spiral Design, Defendants also expanded their product line to
include various other bracelet designs which were also continually marketed under
Plaintiff’s BULLET BRACELET Trademark and did so without the consent of Plaintiff to
do so.
64. All of the foregoing offending behaviors by or on behalf of Defendants
constitute an intentional, willful, and wanton disregard of the Plaintiffs’ rights and property
interests resulting in false advertising, patent, copyright, and trademark infringement,
unfair competition and unlawful trade practices under the common law and under the
Florida Deceptive Trade Practices Act, breach of contract, and fraud.
65. At all times pertinent to the issues in this litigation, Defendant Walchle had
the right and ability to supervise the offending behaviors of Defendant Survival Straps
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complained in each of the Counts brought herein and actually directed, controlled, and
participated in as the moving force behind the actions complained of and had a direct
financial interests in the proceeds of same.
66. Defendant Walchle has knowingly failed to prevent the actions complained
of in each of the Counts brought herein, and his knowing failure to do so has resulted in
his direct financial benefit from the complained actions.
67. Walchle participated in, knew of, planned, approved, and profited from the
offending activities complained of in each of the counts brought herein.
68. Unless these offending activities are enjoined, Plaintiff will suffer
irreparable injury for which there is no adequate remedy at law. Plaintiff has been and,
unless the offending behaviors of Defendants are enjoined, will likely continue to be
irreparably injured by Defendants’ offending activities.
COUNT ONE
FALSE ADVERTISING
69. Each of the foregoing paragraphs of the Complaint are hereby incorporated
in this Count by this reference.
70. In association with Defendants’ marketing and advertising of bracelets
which were directly copied, or otherwise derived from Plaintiff’s BULLET BRACELET
Spiral Design, Defendants falsely advertise that the offending goods are original works,
even though the offending goods are not the product of Defendants’ original design
ingenuity, rather are directly copied or otherwise derived from Plaintiff’s BULLET
BRACELET Spiral Design.
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71. Said misrepresentations are material.
72. Such representations constitute false advertising, namely a false designation
of origin, false or misleading descriptions of fact, and/or false or misleading representations
of fact under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) and under the Florida
Deceptive Trade Practices Act, F.S.A. § 501.203 et seq.
73. Because Plaintiff Ramsey is the actual originator of the BULLET
BRACELET Spiral Design, Defendants’ false advertising wrongly attributes credit for
creation of the BULLET BRACELET Spiral Design to Defendants, to the injury of
Plaintiff.
COUNT TWO
BREACH OF CONTRACT
74. Each of the foregoing paragraphs No. 1 through 68 of this Complaint are
hereby incorporated in this Count by this reference.
75. The promises made and inducements offered by Defendants to obtain
Plaintiff’s assent to the contractually obligations entered into between the parties were
material to the understanding and agreements.
76. Defendants’ manufacture and sale of bracelets directly copied or otherwise
derived from Plaintiff’s BULLET BRACELET Spiral Design, including black and other
stock color bracelets as well as other colors of bracelets directly copied or otherwise
derived from Plaintiff’s BULLET BRACELET Spiral Design constitute a material breach
by Defendants of the understandings and agreements.
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77. Said breaches have unjustly enriched Defendants and caused Plaintiff to
incur pecuniary damages.
COUNT THREE
FRAUD
79. Notwithstanding the understanding and agreement Defendants could in
2016 begin manufacturing and selling some colors of BULLET BRACELETS in exchange
for Defendants’ agreement to continue to advertise and sell black and other stock colors of
BULLET BRACELETS, all of which would continue to be manufactured by Plaintiff
Ramsey, Defendants did not intend to honor their promises to Plaintiff.
80. Defendants offer and agreement to continue to advertise and sell black and
other stock colors of BULLET BRACELETS, all of which would be manufactured by
Plaintiff Ramsey, and agreement the sale of competing BULLET BRACELETS to be
manufactured by Defendants, namely the assorted colors and multi-colored BULLET
BRACELETS other than black and other stock colors would not commence until 2016
were intentional and material misrepresentations made by or on behalf of Defendants.
81. Plaintiff Ramsey relied on these misrepresentations to his detriment. Had
he known Defendants would begin manufacturing and selling black and other stock colors
of BULLET BRACELETS, not manufactured by Plaintiff Ramsey, and would also
prematurely commence selling the other competing colors, Plaintiff Ramsey would not
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have agreed to allow Defendants to manufacture and sell competing BULLET
BRACELETS.
82. Accordingly, the permission granted by Plaintiff Ramsey to Defendants
allowing them to manufacture and sell assorted colors and multi-colored BULLET
BRACELETS other than black and other stock colors but not until 2016 was permission
precured through Defendants’ fraud and misrepresentations, and accordingly, the grant of
permission is null and void.
83. Further, but for Defendants’ false and material misrepresentations to
Plaintiff Ramsey, he would not have consulted with Defendants instructing them how to
manufacture the BULLET BRACELETS.
84. Said false and material misrepresentations relied upon by Plaintiff Ramsey
to his detriment have unjustly enriched Defendants and caused Plaintiff to incur pecuniary
damages.
COUNT FOUR
DESIGN PATENT INFRINGEMENT
86. Defendants have without the authority of Plaintiff Ramsey manufactured,
used, and sold bracelets directly copied or otherwise derived from Plaintiff’s BULLET
BRACELET Spiral Design, including black and other stock color bracelets as well as other
colors of bracelets directly copied or otherwise derived from Plaintiff’s BULLET
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BRACELET Spiral Design which are substantially similar, if not exact replicas, to
Plaintiff’s Bullet Bracelets, they are an exact replica of Plaintiff’s patented design.
87. The offending spiral design BULLET BRACELETS manufactured by,
used, or sold by Defendants without the authority of Plaintiff Ramsey are so substantially
similar in fact to the patented BULLET BRACELET Spiral Design that an ordinary
observer familiar with the BULLET BRACELET Spiral Design would be deceived into
thinking Defendants’ versions are the same as the BULLET BRACELET Spiral Design
which is the subject of the ’006 Design Patent issued by the United States Patent &
Trademark Office in the name of and owned by Plaintiff Ramsey.
88. Such offending products are pursuant to 35 U.S.C. § 271 of the United
States Patent Act an infringement of the ’006 Design Patent, Plaintiff’s Exhibit 1, issued
by the United States Patent & Trademark Office in the name of and owned by Plaintiff
Ramsey.
89. Said infringements have unjustly enriched Defendants and caused Plaintiff
to incur pecuniary damages.
COUNT FIVE
COPYRIGHT INFRINGEMENT – ADVERTISING PHOTOGRAPH
91. Plaintiff Ramsey’s Advertising Photograph is the subject of copyright
registration No. VA 2-098-472, Plaintiff’s Exhibit 2, issued by the United States Copyright
Office in the name of and owned by Plaintiff Ramsey for the following photograph:
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92. As owner of the copyright in this photograph, pursuant to 17 U.S.C. § 106,
Plaintiff Ramsey is vested with the exclusive right to reproduce, and to display publicly
the photograph, which is the subject of the copyright, and the exclusive right to prepare
derivative works based upon the copyrighted work
93. Defendants have without the authority of Plaintiff Ramsey reproduced and
publicly displayed copies of the photograph and prepared derivative works utilizing said
photograph to advertise Defendants’ products.
94. Such unauthorized uses constitute infringement of Plaintiff Ramsey’s
copyright in the Advertising Photograph.
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COUNT SIX
COPYRIGHT INFRINGEMENT – JEWELRY DESIGN
97. The BULLET BRACELET Spiral Design, the design consisting of paracord
discussed above is an original work of authorship which satisfies the standard requisite for
copyright protection of a three-dimensional design, namely the pertinent standard which
requires of the creator only a “creative spark” to satisfy the “minimal level” or “modicum
of creativity” standard for protection under the copyright laws of the United States.
application for issuance of a copyright registration covering the original three-dimensional
appearance of the BULLET BRACELET Spiral Design, the design consisting of paracord
discussed above.
99. In association with said application for issuance of a registration of the
copyright in the BULLET BRACELET Spiral Design, Plaintiff Ramsey caused to be
delivered to the United States Copyright Office through said office’s on-line application
electronic filing portal the requisite deposit image of the design sought to be registered, a
completed application for registration in proper form, and the requisite filing fee. Said
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application for copyright registration was assigned Correspondence ID No. 1-1G4J8VX by
the United States Copyright Office (the “Jewelry Design Copyright Filing”).
100. The United States Copyright Office employee assigned to examine said
application for copyright registration issued a letter refusing registration informing Plaintiff
Ramsey of a determination “this particular work will not support a claim” for registration
because, in the view of the examiner, the design did not consist of the requisite “minimum
amount of creative pictorial, graphic or sculptural authorship.”
101. In doing so, the United States Copyright Office wrongly interpreted the
governing law, misapplying the pertinent “originality” standard requisite for copyright
protection which only requires of the creator a “creative spark,” a “minimal level” or
“modicum of creativity.”
102. Accordingly, pursuant to 17 U.S.C § 411(a), Plaintiff Ramsey is proceeding
in this Count of the Complaint for a determination the BULLET BRACELET Spiral
Design, which was the subject of the Jewelry Design Copyright Filing is rightly entitled to
registration and will be serving notice thereof along with a copy of this Complaint on the
Register of Copyrights in which case the Register will have the option to intervene as a
party in this action to litigate the issue of whether the Jewelry Design Copyright Filing was
properly refused.
103. Plaintiff Ramsey is rightly entitled to claim ownership of copyright in the
original three-dimensional appearance of the BULLET BRACELET Spiral Design, the
design consisting of paracord spirally wrapped around the bendable central wire, the ends
of which are enclosed by empty shell casings

26
104. Because Plaintiff Ramsey is rightly entitled to claim ownership of copyright
in the original three-dimensional appearance of the BULLET BRACELET Spiral Design,
pursuant to 17 U.S.C. § 106, Plaintiff Ramsey is vested with the exclusive right to
reproduce, and to display publicly the such bracelets, and the exclusive right to prepare
derivative works based upon the design.
105. Defendants have without the authority of Plaintiff Ramsey reproduced and,
publicly displayed copies of the BULLET BRACELET Spiral Design, and prepared
derivative works based upon the design.
106. Such unauthorized uses constitute infringement of Plaintiff Ramsey’s
copyright in the BULLET BRACELET Spiral Design.
COUNT SEVEN
TRADEMARK INFRINGEMENT & UNFAIR COMPETITION
109. The offending activities of Defendants constitute the use in commerce in
connection with the sale, offering for sale, or advertising of goods of reproductions,
counterfeits, copies, or colorable imitations of Plaintiff’s BULLET BRACELET
Trademark.
27
110. Defendants’ use of the BULLET BRACELET Trademark in connection
with the sale, offering for sale, or advertising of goods has been, and any continuation
thereof, is likely to cause confusion, or to cause mistake, or to deceive.
111. Defendants’ use of the BULLET BRACELET Trademark has been, and any
continuation thereof, is likely to cause confusion or misunderstanding as to the source,
sponsorship, or approval of Defendants’ goods and will likely cause persons to mistakenly
believe that Defendants are affiliated, connected, or associated with the Plaintiff.
112. Because the offending activities involve utilization of exact or virtually
identical replications of the Plaintiff’s BULLET BRACELET Trademark, a resulting
likelihood of confusion is inevitable.
113. Said offending activities of Defendants constitute a violation of Section
43(a)(1) of the Lanham Act, 15 U.S.C. § 1125(a)(1) and the common law.
COUNT EIGHT
VIOLATION OF THE FLORIDA DECEPTIVE TRADE PRACTICES ACT
115. Each of the foregoing paragraphs in this Complaint are hereby incorporated
in this Count by this reference.
116. In conjunction with the offending behaviors described in this Complaint,
Defendants have engaged in unfair methods of competition, unconscionable acts or
practices, and unfair or deceptive acts or practices in the conduct of its trade selling
offending products.
28
117. Said offending behaviors constitute a violation of the Florida Deceptive
Trade Practices Act, F.S.A. § 501.204(a) et seq.
118. Said violations have unjustly enriched Defendants and caused Plaintiff to
incur pecuniary damages.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for relief against Defendants, jointly and severally
as follows:
A An order temporarily, preliminarily, and permanently enjoining
Defendants, their respective officers, agents, servants, employees, and attorneys, and any
other persons in active concert or participation with them, from advertising or otherwise
claiming that either of them are the originators of the BULLET BRACELET Spiral Design,
or any such other false claim of attribution;
B An order further temporarily, preliminarily, and permanently enjoining
other persons in active concert or participation with them, from the production,
manufacture, advertisement, use, and sale of any products directly or indirectly copied
from, or derived from the appearance of Plaintiff’s BULLET BRACELET Spiral Design;
C An order further temporarily, preliminarily, and permanently enjoining
other persons in active concert or participation with them, from the display, advertisement,
or use, of the BULLET BRACELET Trademark any other confusingly similar designs,
products, or names;
29
D An order further temporarily, preliminarily, and permanently enjoining
other persons in active concert or participation with them, from the display, advertisement,
or use, the BULLET BRACELET Advertising Photograph or any image derivative thereof;
E An order further requiring Defendants to take any other action reasonably
necessary to prevent any false impression that Defendants’ business or goods are affiliated
with, sponsored, or approved by Plaintiffs;
F An order directing the United States Copyright Office to issue registration
of copyright in the name of Plaintiff Ramsey for the BULLET BRACELET Spiral Design
which was the subject of the application for copyright registration which was assigned
Correspondence ID No. 1-1G4J8VX by the copyright office;
G An award to Plaintiff of his damages incurred as a result of the offending
behaviors which are the subject of this Complaint;
H Trebling of said award pursuant to 15 U.S.C. § 1117;
I An award to Plaintiff of punitive damages in an amount deemed appropriate
by the trier of fact;
J An award to Plaintiff of interest on any judgment rendered in this action;
K An assessment against Defendants of the costs of this action, including
Plaintiffs’ reasonable attorneys’ fees; and
L Any further relief to which Plaintiffs may appear entitled.
DEMAND FOR JURY TRIAL
Plaintiff hereby demands a trial by jury of all issues so triable.

30
/s/Dineen Pashoukos Wasylik .

Dineen Pashoukos Wasylik
Florida Bar No. 0191620
DPW LEGAL
2244 Green Hedges Way
Suite 101
Wesley Chapel, Florida 33646
Phone: (813) 778-5161
Fax: (813-907-3712
dineen@ip-appeals.com
Counsel for Plaintiff
4846-7650-6249, v. 2
31
Case 3:19-cv-01340-TJC-JRK Document 1-1 Filed 11/15/19 Page 1 of 4 PageID 32
ililililililil il]il]]
ilril ililIiltil illl llll lllll lllllll ll lllll llll
us00D791006s
(r2) United States Design Patent rrot Patent No.: US D791,006 S

Ramsey 1as; Date of Patent: ** Jul.4r20l7
(s4) BRACEI,ET D128.297 s* 7/t941 Healy ......,....................... Dll/5

D148,114 sr t2/1947 Pruett ............................ Dllil7
D382,222 s* 8t 1997 Coto ................................ D1114
(71) Applicant: DeSean Michael Ramsey, Louisville, D447,436 s* 9/2001 Palk .................,.......,....... Dll14
KY (rJS) D4ss,s27 s* 4/2002 Epstein ...........,.,............ Dlli20
D477,788 s* 7t2003 Ruff ................,., .............. Dll14
(72) luvenlor: DeSean Michael Ramsev, Louisville, D497,565 s+ 10t2004 Pink .....,...................... Dul4
D635,880 s* 4/2011 Gaspad Dl1l27
KY (JS) D704,588 s* 5/2014 DiPietro Dlti27
9,392,849 81 4' 7t2016 Makhoulim ........... A44C 7 1003
(**) Term: 15 Years
(21) Appl. No.: 291550,226 OTI]ER PIJBLICATIONS

BearArms Bracelet (available online May 12. 2015) Retrieved from
(22) Filed: Dcc. 31, 2015
t]re intemet Dec. 15, 2016. retrieved fiotn the internet URL:
(51) LOC (10) Cl. 1l-01 http: /ibearrmsblacelets.conr-/collections'patacord./prodnctsi
(s2) U.S. CI. rnidaightblue,E
uspc ............ ........................ D11/4
* cited by examiner
(58) Field of Classification Search
USPC ............ Dl1i 1-39; D28/39,4143
CPC .. A44C 5/0O:' A44C 5/1.Q; A44C 5/022;444C. Printary Exantiner- Cathon Brooks
51025 A44C 5/142; A44C 5/145; A44C Assisl anl Exantiner Richard Kearney
-
(74) Attorney, Agent, or Firm Stites & Harbison,
5/NO7; A44C 5/0061; A44C 5/0069;
A44C 5/A076; A44C 5/0O84; A44C PLLCI Terry L. Wriglrt
-
5/0092: A41C 5/2O71; A44C 5i2085;
A44C 91CF,07;' A44C 9/0015; A44C (s7) CLAIM
9/00381 A44C 9/A046; A44C 910053: The ornamental desigr for a bracelet. as shown and
A44C 9 /0084; A44C 9 /001 ; 444C. 9 102; dcscribed.
A44C 1.7/02; A44C l7/OO1l, A44C.
171003; A44C 17/005 DESCRIPTTON
See application file for conrplete search history.
FIG. 1 is a front perspective view ofthe bracelet.
(56) References Cited FiC. 2 is a front elevalion view thereof.
FIG. 3 is a rear elevation view thereof.
U,S, PAIENT DOCUMENTS FIG. 4 is a lefl side elevation view thereof.
FIG. 5 is a riglrt side elevation view thereof.
204,548 A { 6/1878 Durand ................ A44C510076
FIG. 6 is a top plan view thereof; and,
267 /74
)Se,ttg a d' 4/1884 Boniface.............. A44C5!0092 FIG. 7 is a bottom plan view thereof.
63tlI
D76,960 S * llil928 Schuelke ..................,.... Dll/18 1 Claim, 3 Drawlng Sheets
EXHIBIT
L
U.S. Patent Jul.4,2ol7 Sheet l of 3 US D791,006 S
FIG. 1
FIG. 2
LJ.S. Patent Jat.4,2017 sheet 2 of 3 us D791,006 S
FIG" 3
FIG. 4 FIG. 5
LJ.S. Patent Jar.4,2017 sheet 3 of 3 us D791,006 S
FIG.6
FIG. 7
Certificate of Registration
This Certificate issued under the seal of the Copyright
Office in accordance with title tT,IJnited States Code,
attests that registration has been made for the work
A)
identified below The inform4tion on this certificate has Registration Number
ts been made a part of the Copyright Office records' vA 2-098-472
Effective Date of Registrationi
r87o .Aplil 13, 2018
Acting United States Register of Copyrights and Director
Title
Titlc of Work: Bullet Rracelet Photograph
, Com pletion/Pu bl ication

Year of ComPletion: 2015
Dat'e of lst:Publication: September 0i,2015
Nation of 1't Publication: United States
..
Author Created: PhotograPh
Work made for hire: No
Citizen of: United States
Gopyright Glaimant
Copyright Claimant:
Transfer statement:
Certif ication
Name: Jack A. Wheat
Date: APril 13, 2018
Applicant's Tracking Numbel: 19654.I
Page 1 of 1
a
2 EXHIBIT
?
JS 44 (Rev. 09/19) 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

Sean Ramsey Kurt Walchle
Tough Gear, Inc. d/b/a Survival Straps
(b) County of Residence of First Listed Plaintiff Jefferson County, KY County of Residence of First Listed Defendant St. Johns County, Florida
(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)
DPW Legal N/A
2244 Green Hedges Way, Suite 101, Wesley Chapel, Florida 33646
(813) 778-5161
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) (15 USC 1681 or 1692)
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 485 Telephone Consumer
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Protection Act
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 490 Cable/Sat TV
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 850 Securities/Commodities/
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical Exchange
Medical Malpractice Leave Act ’ 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS ’ 891 Agricultural Acts
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 893 Environmental Matters
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 895 Freedom of Information
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 ’ 896 Arbitration
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 899 Administrative Procedure
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION Act/Review or Appeal of
Employment Other: ’ 462 Naturalization Application Agency Decision
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration ’ 950 Constitutionality of
Other ’ 550 Civil Rights Actions State Statutes
’ 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):
35 USC 271; 15 USC 1125; 17 USC 501
VI. CAUSE OF ACTION Brief description of cause:
Infringement of a design patent, trademark, and copyright; false advertising; unfair competition
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
11/15/2019 /s/ Dineen Pashoukos Wasylik
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
Print Save As... Reset

JS 44 Reverse (Rev. 09/19)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
MiddleDistrict
__________ Districtof
of__________
Florida
Sean Ramsey )
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
Kurt Walchle & Tough Gear, Inc. d/b/a Survival )
Straps )
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Kurt Walchle

121 Egrets Walk Lane
Ponte Vedra Beach, Florida 32082
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Dineen Pashoukos Wasylik
DPW Legal
Suite 101
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
MiddleDistrict
__________ Districtof
of__________
Florida
Sean Ramsey )
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
Kurt Walchle & Tough Gear, Inc. d/b/a Survival )
Straps )
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Tough Gear, Inc. d/b/a Survival Straps
Serve: Kurt Walchle (or any other officer or managing or general agent)
121 Egrets Walk Lane
Ponte Vedra Beach, Florida 32082
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Dineen Pashoukos Wasylik
DPW Legal
Suite 101
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:

Ramsey v. Walchle - Complaint

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Case 3:19-cv-01340-TJC-JRK Document 1 Filed 11/15/19 Page 1 of 31 PageID 1

IN THE UNITED STATES DISTRICT COURT

KURT WALCHLE &

COMPLAINT FOR FALSE ADVERTISING,

Inc., doing business as Survival Straps (“Defendant Survival Straps”) (collectively

“Defendants”). For his Complaint, Plaintiff Ramsey states as follows:

NATURE OF THE ACTION

2. Through this action, Plaintiff Ramsey seeks to enjoin Defendants’ false

advertising, patent infringement, trademark infringement and unfair competition, and

copyright infringement, and further seeks to recover damages and an accounting of

Defendants’ profits associated with said offending activities, as well as an award of

JURISDICTION AND VENUE

4. This Court also has diversity of citizenship jurisdiction to adjudicate all

exceeds the sum or value of $75,000.00.

5. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(1) and (2)

THE PARTIES GENERALLY

6. Plaintiff Ramsey, of 3317 Summerfield Drive, Apt. 205 Louisville,

BearArms. BearArms manufactures and markets creative original decorative jewelry

7. On information and belief, at times pertinent to the claims asserted in this

8. On information and belief, at all times pertinent to the claims asserted in

Lane, Ponte Vedra Beach, Florida 32082.

9. On information and belief, at all times pertinent to the claims asserted in

this Complaint, and had a financial interest in the offending activities.

FACTUAL ALLEGATIONS APPLICABLE TO ALL COUNTS

comprised of paracord surrounding a bendable elongated inner medium, capped on each

name, BULLET BRACELETS.

11. The BULLET BRACELET product name is a distinctive designation

produced and marketed by or on behalf of Plaintiff Ramsey.

12. Accordingly, the BULLET BRACELET designation constitutes an

enforceable trademark owned by Plaintiff Ramsey (the “BULLET BRACELET

13. Photographic examples displaying various of Plaintiff Ramsey’s BULLET

BRACELET designs are as follows:

Original Design Newer Design

14. The “Original Design” of Plaintiff Ramsey’s BULLET BRACELETS, such

as is shown in the photograph reproduced on the left above, consists of a sleeve of

around a wearer’s wrist.

around the bendable wire.

16. Plaintiff Ramsey’s BULLET BRACELET Spiral Design, the design in

illustrated in the line drawing reproduced below:

18. Both BULLET BRACELET designs created by Plaintiff Ramsey contain

designs under the patent laws of the United States.

THE BULLET BRACELET PATENT

in this line drawing:

incorporated herein by this reference labeled as Plaintiff’s Exhibit 1.

THE JEWELRY DESIGN COPYRIGHT

copyright protection of three-dimensional design, namely the pertinent standard which

application for issuance of a copyright registration covering the original three-dimensional

25. In association with said application for issuance of a registration of the

copyright in the BULLET BRACELET Spiral Design, Plaintiff Ramsey caused to be

application for copyright registration was assigned Correspondence ID No. 1-1G4J8VX by

amount of creative pictorial, graphic or sculptural authorship.”

28. Accordingly, pursuant to 17 U.S.C § 411(a), as one of the counts of this

Complaint, Plaintiff Ramsey is instituting a claim for infringement by the Defendants of

was properly refused.

THE ADVERTISING PHOTOGRAPH COPYRIGHT

29. Plaintiff Ramsey advertises in Internet online markets including Facebook,

Instagram, and through the Internet website, https://beararmsbracelets.com/ using assorted

photographs illustrating Plaintiff products.

30. One such photograph utilized to advertise Plaintiff Ramsey’s BULLET

BRACELET Spiral Design includes the following:

31. This photograph, (the “Advertising Photograph”), consists of an original

application for issuance of a copyright registration relating to the advertising photograph

spark,” a “minimal level” or “modicum of creativity” requisite for copyright protection

“Advertising Photograph Copyright”). A true and correct copy of the Advertising