Page 1 – COMPLAINT FOR PATENT AND TRADEMARK INFRINGEMENT

CASE NO. 3:15-CV-00058

THOMAS J. ROMANO, OSB No. 053661

E-mail: tromano@khpatent.com

SHAWN J. KOLITCH, OSB No. 063980

E-mail: shawn@khpatent.com

KIMBERLY N. FISHER, OSB No. 133604

E-mail: kfisher@khpatent.com

KOLISCH HARTWELL, P.C.

200 Pacific Building

520 S.W. Yamhill Street

Portland, Oregon 97204

Telephone: (503) 224-6655

Facsimile: (503) 295-6679

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

STEEL TECHNOLOGY, LLC, an Oregon

limited liability company,

Plaintiff,

v.

808 HI-DR8, LLC, a Hawaii limited

liability company,

Defendant.

Case No. 3:15-cv-00058

COMPLAINT FOR PATENT AND

TRADEMARK INFRINGEMENT

DEMAND FOR JURY TRIAL

For its complaint, Plaintiff Steel Technology, LLC dba Hydro Flask (“Hydro Flask”)

alleges against Defendant 808 HI-DR8, LLC (“808 HI-DR8” or “Defendant”) as follows:

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CASE NO. 3:15-CV-00058

NATURE OF THE CASE

1. This is a civil action for patent infringement under the patent laws of the United

States, 35 U.S.C. §§ 1 et seq., specifically under 35 U.S.C. §§ 271 and 281, violations of the

Lanham Act, and Oregon common law trademark infringement and unfair competition.

THE PARTIES

2. Hydro Flask is an Oregon limited liability company, having a principal place of

business at 561 N.W. York Drive, Bend, Oregon 97701.

3. Upon information and belief, Defendant 808 HI-DR8 is a Hawaii limited liability

company having a principal place of business at 1200 Queen Emma Street, Suite 3001,

Honolulu, Hawaii 96813 and a registered agent at 94-1017 Kahuamoku Street, Apartment 7,

Waipahu, Hawaii 96797.

JURISDICTION AND VENUE

4. This Court has federal question jurisdiction under 28 U.S.C. §§ 1331 and 1338,

because of the claim under 35 U.S.C. § 271 for patent infringement, and under 28 U.S.C. §§

1331 and 1338, as well as 15 U.S.C. § 1121(a), because of the claims under 15 U.S.C. §§

1114(1) and 1125(a) for federal trademark infringement and unfair competition in violation of

Sections 32(1) and 43(a) of the Lanham Act.

5. This Court has supplemental jurisdiction over Hydro Flask’s state law claims

under 28 U.S.C. § 1367 because these claims are so related to the claims under federal law that

they form part of the same case or controversy and derive from a common nucleus of operative

facts.

6. This Court has personal jurisdiction over Defendant because, upon information

and belief, Defendant’s acts of infringement that led to the present suit were committed in the

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CASE NO. 3:15-CV-00058

District of Oregon, within the jurisdiction of this Court. Upon information and belief, Defendant,

directly and/or through third parties, has made, used, sold, and/or offered for sale infringing

products in the District of Oregon and/or have placed infringing products into the stream of

commerce through established distribution channels with the expectation that such products will

be purchased by residents of this District. Upon information and belief, Defendant has

advertised, offered for sale, and/or marketed its goods under the infringing marks in this State.

7. Venue is proper in this judicial district under 28 U.S.C. § 1391 because

Defendant, upon information and belief, may be found or transacts business in this district and

under 28 U.S.C. § 1400 because Defendant, upon information and belief, has committed acts of

patent infringement in Oregon.

THE ASSERTED PATENTS

8. U.S. Design Patent No. D688,912 entitled Wide Mouth Flask (“the ‘912 patent”)

was issued on September 3, 2013. Hydro Flask has owned the ‘912 patent throughout the period

of 808 HI-DR8’s infringing acts, and still owns the ‘912 patent. The ‘912 patent claims the

ornamental design for a wide mouth flask. A copy of the ‘912 patent is attached as Exhibit A.

9. U.S. Design Patent No. D680,805 entitled Wide Mouth Flask (“the ‘805 patent”)

was issued on April 30, 2013. Hydro Flask has owned the ‘805 patent throughout the period of

808 HI-DR8’s infringing acts, and still owns the ‘805 patent. The ‘805 patent claims the

ornamental design for a wide mouth flask. A copy of the ‘805 patent is attached as Exhibit B.

10. U.S. Design Patent No. D704,986 entitled Flask Lid (“the ‘986 patent”) was

issued on May 20, 2014. Hydro Flask has owned the ‘986 patent throughout the period of 808

HI-DR8’s infringing acts, and still owns the ‘986 patent. The ‘986 patent claims the ornamental

design for a flask lid. A copy of the ‘986 patent is attached as Exhibit C.

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THE ASSERTED MARKS

11. Since at least prior to the acts alleged herein, Hydro Flask has continuously sold

insulated vacuum bottles and bottle lids in connection with the marks , HYDRO FLASK, and

HYDRATE YOUR LIFE (collectively the “Hydro Flask Marks”) throughout the United States.

12. Hydro Flask owns U.S. Trademark Reg. No. 3,834,826 (the ‘826 Registration) for

the mark in connection with the insulated flasks that it sells. The ‘826 registration was

issued on August 17, 2010. The ‘826 registration is attached as Exhibit D.

13. Hydro Flask owns U.S. Trademark Reg. No. 4,055,784 (the ‘784 Registration) for

the mark HYDRO FLASK in connection with the insulated vacuum flasks that it sells. The ‘784

registration was issued on August 30, 2011. The ‘784 registration is attached as Exhibit E.

14. Hydro Flask owns U.S. Trademark Reg. No. 4,055,789 (the ‘789 Registration) for

the mark in connection with the insulated vacuum flasks that it sells. The ‘789 registration

was issued on August 30, 2011. The ‘789 registration is attached as Exhibit F.

15. Hydro Flask owns U.S. Trademark Reg. No. 4,113,155 (the ‘155 Registration) for

the mark HYDRATE YOUR LIFE in connection with the insulated vacuum flasks that it sells.

The ‘155 registration was issued on March 13, 2012. The ‘155 registration is attached as Exhibit

G.

16. Hydro Flask provides notice of registration of its products under the Hydro Flask

Marks, to the extent possible, in compliance with 15 U.S.C. § 1111.

17. Hydro Flask’s marketing and sales activities related to its insulated vacuum

bottles and bottle lids under the Hydro Flask Marks, at least in the State of Oregon and in the

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CASE NO. 3:15-CV-00058

State of Hawaii, have established common law trademark rights at least under the laws of the

State of Oregon and the State of Hawaii, prior to the acts alleged herein.

THE ACCUSED PRODUCTS AND MARKS

18. Upon information and belief, Defendant, acting on its own behalf and/or through

an agent, operates a Website on the World Wide Web at http://808hidr8.com/ (“Defendant’s

Website”).

19. Upon information and belief, 808 HI-DR8 markets and sells vacuum insulated

bottles and bottle lids.

20. Upon information and belief, 808 HI-DR8 uses Defendant’s Website to market

and sell vacuum insulated bottles and bottle lids.

The Accused Products

21. Upon information and belief, 808 HI-DR8 markets and sells vacuum insulated

bottles (“Accused Bottles”). Attached as Exhibit H is an excerpt from Defendant’s Website

showing examples of the Accused Bottles being offered for sale.

22. Upon information and belief, 808 HI-DR8 markets and sells straw lids (“Accused

Straw Lids”). Attached as Exhibit I are excerpts from Defendant’s Website showing examples of

the Accused Straw Lids being offered for sale.

23. Upon information and belief, 808 HI-DR8 also markets and sells the Accused

Products in stores and/or marketplaces. Attached as Exhibit J are examples of the Accused

Products being offered for sale in stores and marketplaces.

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The Accused Marks

24. Upon information and belief, 808 HI-DR8 markets, offers for sale, and/or sells

products under a composite mark that includes the word “HI-DR8” with a palm tree shaped

design in the place of the “I” in “HI-DR8” (the “HI-DR8 Composite Mark”).

25. Upon information and belief, 808 HI-DR8 markets, offers for sale, and/or sells

products under the mark HI-DR8 (the “HI-DR8 Mark”).

26. Upon information and belief, 808 HI-DR8 markets, offers for sale, and/or sells

products under the mark Hi-DRO FLASK (the “Hi-DRO FLASK Mark”).

27. Upon information and belief, 808 HI-DR8 first began using the HI-DR8

Composite Mark, HI-DR8 Mark, and/or Hi-DRO FLASK Mark (collectively the “Accused

Marks”) in connection with insulated bottles and bottle lids on or around November 2014.

28. Attached as Exhibit K are examples of the Accused Marks being marketed and/or

offered for sale in connection with insulated bottles and bottle lids.

29. Upon information and belief, 808 HI-DR8 promotes its goods in some of the same

or similar channels, and to some of the same or similar consumers as does Hydro Flask.

30. Upon information and belief, 808 HI-DR8 is a direct competitor of Hydro Flask.

31. Attached as Exhibit L is a checkout page from Defendant’s Website showing that

the insulated bottles and bottle lids in connection with the Accused Marks, and the Accused

Products, are offered and available for sale to customers located in the State of Oregon.

FIRST CAUSE OF ACTION – INFRINGEMENT OF THE ‘912 PATENT

32. The allegations of the preceding paragraphs are hereby incorporated by reference

in this section as though set forth fully herein.

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33. Hydro Flask has never authorized 808 HI-DR8 to make, use, offer to sell, sell,

and/or import into the United States products covered by the ‘912 patent.

34. Upon information and belief, 808 HI-DR8 has infringed and is infringing the ‘912

patent by making, using, offering to sell, selling, and/or importing into the United States the

Accused Bottles.

35. For example, at least the Accused Bottles described above and shown in Exhibit

H infringe the ‘912 patent.

36. Hydro Flask has requested that 808 HI-DR8 cease and desist from the marketing

and selling of the Accused Bottles, but 808 HI-DR8 has not complied with this request.

37. Upon information and belief, infringement by 808 HI-DR8 has been and

continues to be willful, with knowledge of the ‘912 patent and 808 HI-DR8’s infringement

thereof, entitling plaintiff to increased damages under 35 U.S.C. § 284 and to attorneys’ fees

incurred in prosecuting this action under 35 U.S.C. § 285.

38. Upon information and belief, infringement by 808 HI-DR8 will continue unless

enjoined by this court.

39. Hydro Flask has suffered, and will continue to suffer, substantial damages in an

amount to be proven at trial, through lost profits, lost sales and/or lost royalties, due to

infringement of the ‘912 patent by 808 HI-DR8.

40. Hydro Flask has suffered, and will continue to suffer, permanent and irreparable

injury, for which Hydro Flask has no adequate remedy at law.

41. Hydro Flask is entitled to relief as provided by 35 U.S.C. §§ 281, 283-285, and

289.

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SECOND CAUSE OF ACTION – INFRINGEMENT OF THE ‘805 PATENT

42. The allegations of the preceding paragraphs are hereby incorporated by reference

in this section as though set forth fully herein.

43. Hydro Flask has never authorized 808 HI-DR8 to make, use, offer to sell, sell,

and/or import into the United States products covered by the ‘805 patent.

44. Upon information and belief, 808 HI-DR8 has infringed and is infringing the ‘805

patent by making, using, offering to sell, selling, and/or importing into the United States the

Accused Bottles.

45. For example, at least the Accused Bottles described above and shown in Exhibit

H infringe the ‘805 patent.

46. Hydro Flask has requested that 808 HI-DR8 cease and desist from the marketing

and selling of the Accused Bottles, but 808 HI-DR8 has not complied with this request.

47. Upon information and belief, infringement by 808 HI-DR8 has been and

continues to be willful, with knowledge of the ‘805 patent and 808 HI-DR8’s infringement

thereof, entitling plaintiff to increased damages under 35 U.S.C. § 284 and to attorneys’ fees

incurred in prosecuting this action under 35 U.S.C. § 285.

48. Upon information and belief, infringement by 808 HI-DR8 will continue unless

enjoined by this court.

49. Hydro Flask has suffered, and will continue to suffer, substantial damages in an

amount to be proven at trial, through lost profits, lost sales and/or lost royalties, due to

infringement of the ‘805 patent by 808 HI-DR8.

50. Hydro Flask has suffered, and will continue to suffer, permanent and irreparable

injury, for which Hydro Flask has no adequate remedy at law.

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51. Hydro Flask is entitled to relief as provided by 35 U.S.C. §§ 281, 283-285, and

289.

THIRD CAUSE OF ACTION – INFRINGEMENT OF THE ‘986 PATENT

52. The allegations of the preceding paragraphs are hereby incorporated by reference

in this section as though set forth fully herein.

53. Hydro Flask has never authorized 808 HI-DR8 to make, use, offer to sell, sell,

and/or import into the United States products covered by the ‘986 patent.

54. Upon information and belief, 808 HI-DR8 has infringed and is infringing the ‘986

patent by making, using, offering to sell, selling, and/or importing into the United States the

Accused Straw Lids.

55. For example, at least the Accused Straw Lids described above and shown in

Exhibit I infringe the ‘986 patent.

56. Upon information and belief, infringement by 808 HI-DR8 has been and

continues to be willful, with knowledge of the ‘986 patent and 808 HI-DR8’s infringement

thereof, entitling plaintiff to increased damages under 35 U.S.C. § 284 and to attorneys’ fees

incurred in prosecuting this action under 35 U.S.C. § 285.

57. Upon information and belief, infringement by 808 HI-DR8 will continue unless

enjoined by this court.

58. Hydro Flask has suffered, and will continue to suffer, substantial damages in an

amount to be proven at trial, through lost profits, lost sales and/or lost royalties, due to

infringement of the ‘986 patent by 808 HI-DR8.

59. Hydro Flask has suffered, and will continue to suffer, permanent and irreparable

injury, for which Hydro Flask has no adequate remedy at law.

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60. Hydro Flask is entitled to relief as provided by 35 U.S.C. §§ 281, 283-285, and

289.

FOURTH CAUSE OF ACTION – VIOLATIONS OF THE LANHAM ACT: TRADEMARK

INFRINGEMENT, UNFAIR COMPETITION, AND FALSE DESIGNATION OF ORIGIN

61. The allegations of the preceding paragraphs are hereby incorporated by reference

in this section as though set forth fully herein.

62. Since 2011, Hydro Flask has advertised and promoted the sale of its insulated

vacuum bottles and bottle lids in connection with the Hydro Flask Marks. Hydro Flask’s goods

bearing the Hydro Flask Marks have acquired an excellent reputation as well as celebrity by

purchasers who recognize the distinctive marks.

63. Hydro Flask has used and continues to use the Hydro Flask Marks in commerce

throughout the United States, including in Oregon and Hawaii.

64. Hydro Flask’s use of the Hydro Flask Marks is distinctive in connection with the

goods bearing the Hydro Flask Marks.

65. Hydro Flask has never authorized 808 HI-DR8 to use the Hydro Flask Marks or

any similar marks. 808 HI-DR8 has no license or authority from Hydro Flask permitting the use

of the Hydro Flask Marks or any similar marks on bottles or bottle lids.

66. Notwithstanding Hydro Flask’s established rights, 808 HI-DR8 markets, offers

for sale, and/or sells products, including at least insulated bottles and bottle lids, under

confusingly similar marks to Hydro Flask’s products bearing the Hydro Flask Marks.

67. 808 HI-DR8 currently markets, offers for sale, and/or sells products, including at

least insulated bottles and bottle lids, under the Accused Marks.

68. Upon information and belief, the Accused Marks are confusingly similar to the

Hydro Flask Marks.

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69. Upon information and belief, the Hi-DRO FLASK Mark is confusingly similar to

the Hydro Flask Marks. For example, “Hi-DRO FLASK” is confusingly similar to “HYDRO

FLASK, at least for the reason that they are visually similar and identical in pronunciation.

70. Upon information and belief, the HI-DR8 Mark is confusingly similar to the

Hydro Flask Marks. For example, the term “HI-DR8” is confusingly similar to the term

“HYDRO,” at least for the reason that the 8 and 0 are visually similar elements and create the

same commercial impression.

71. Upon information and belief, the HI-DR8 Composite Mark is confusingly similar

to the Hydro Flask Marks. For example, the palm tree shaped design in the HI-DR8 Composite

Mark is confusingly similar to Hydro Flask’s mark , and the term “HI-DR8 is confusingly

similar to the term “HYDRO,” at least for the reason that the palm tree shaped design and Y are

visually similar elements and create the same commercial impression.

72. Upon information and belief, the HI-DR8 Composite Mark and HI-DR8 Mark is

confusingly similar to Hydro Flask’s HYDRATE YOUR LIFE mark. For example, the term “HIDR8” is confusingly similar to the term “HYDRATE,” at least for the reason that they are

visually similar and identical in pronunciation.

73. Upon information and belief, 808 HI-DR8 first began using the Accused Marks in

connection with the insulated vacuum bottles and bottle lids on or around November 2014.

74. Upon information and belief, 808 HI-DR8 is a direct competitor of Hydro Flask.

75. Upon information and belief, 808 HI-DR8 promotes its goods in some of the same

or similar channels, and to some of the same or similar consumers as does Hydro Flask.

76. Hydro Flask has requested that 808 HI-DR8 cease and desist from its infringing

actions that violate federal and state laws, but 808 HI-DR8 has not complied with this request.

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77. Upon information and belief, 808 HI-DR8 has engaged in this infringing activity

despite having actual knowledge of Hydro Flask’s trademark rights in the Hydro Flask Marks.

78. 808 HI-DR8’s actions are likely to lead the public to conclude incorrectly that 808

HI-DR8’s goods originate with, are related to, or are authorized or sponsored by Hydro Flask,

which will damage both Hydro Flask and the public.

79. Upon information and belief, 808 HI-DR8’s actions are intended to enrich 808

HI-DR8.

80. Upon information and belief, 808 HI-DR8 has advertised and offered its goods for

sale using the Accused Marks with the intention of misleading, deceiving, or confusing

consumers as to the origin of its goods and of trading on Hydro Flask’s reputation and goodwill.

81. Upon information and belief, 808 HI-DR8’s activities are likely to cause

confusion and have caused confusion among Hydro Flask’s customers and potential customers.

82. 808 HI-DR8’s unauthorized use of the Accused Marks in connection with the

sale, offering for sale, distribution, and advertising of goods in U.S. commerce is likely to cause

confusion, mistake, or deception.

83. 808 HI-DR8’s unauthorized use of the Accused Marks in interstate commerce as

described above constitutes trademark infringement and unfair competition under 15 U.S.C. §§

1114(1) and 1125(a) and is likely to cause consumer confusion, mistake, or deception.

84. 808 HI-DR8’s unauthorized marketing and sale of its goods in interstate

commerce using the confusingly similar marks constitutes a false designation of origin or false

representation that wrongfully and falsely designates 808 HI-DR8’s goods as originating from or

connected with Hydro Flask, and constitutes the use of false descriptions or representations in

interstate commerce in violation of 15 U.S.C. § 1125(a).

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85. Upon information and belief, as a direct and proximate result of 808 HI-DR8’s

trademark infringement and acts of unfair competition, Hydro Flask has suffered irreparable

harm to its business and reputation, and also has suffered and continues to suffer damages in an

amount to be determined by the trier of fact.

86. Upon information and belief, as a direct and proximate result of 808 HI-DR8’s

trademark infringement and acts of unfair competition, 808 HI-DR8 has unjustly profited from

those acts.

87. Upon information and belief, 808 HI-DR8’s trademark infringement and acts of

unfair competition will cause further irreparable injury to Hydro Flask if 808 HI-DR8 is not

restrained by this Court from further violation of Hydro Flask’s rights.

88. Upon information and belief, 808 HI-DR8’s activities are deliberate and willful.

89. Hydro Flask has no adequate remedy at law.

90. The goodwill and reputation for quality that Hydro Flask has worked hard and

long to cultivate has been threatened by 808 HI-DR8’s actions.

91. Unless 808 HI-DR8 is enjoined from the use of the Accused Marks on the

insulated bottles, bottle lids and other goods, such use will continue to cause consumer confusion

and will continue to cause irreparable harm to Hydro Flask and the public.

FIFTH CAUSE OF ACTION – COMMON LAW TRADEMARK INFRINGEMENT

AND UNFAIR COMPETITION

92. The allegations of the preceding paragraphs are hereby incorporated by reference

in this section as though set forth fully herein.

93. 808 HI-DR8, by the acts complained of herein, has infringed Hydro Flask’s

common law trademark rights in the Hydro Flask Marks by using confusingly similar marks in

connection with its goods.

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94. 808 HI-DR8 has competed unfairly with Hydro Flask and has otherwise used the

reputation and goodwill of Hydro Flask to offer and sell 808 HI-DR8’s goods as if they were

sponsored, approved by, or connected with Hydro Flask.

95. 808 HI-DR8’s use of the Accused Marks on 808 HI-DR8’s goods constitutes

unfair competition and trademark infringement under the laws of Oregon and other States.

PRAYER FOR RELIEF

In view of the foregoing, Plaintiff Hydro Flask prays for judgment as follows:

First, Second, and Third Causes of Action

A. That 808 HI-DR8 has infringed, and is infringing, the ‘912, ‘805, and ‘986 patents

in violation of 35 U.S.C. § 271,

B. That 808 HI-DR8’s infringement of the ‘912, ‘805, and ‘986 patents is willful,

C. That 808 HI-DR8 be preliminarily and permanently enjoined against all acts of

infringement of the ‘912, ‘805, and ‘986 patents pursuant to 35 U.S.C. § 283,

D. That 808 HI-DR8 be required to file with this Court, within thirty (30) days after

entry of final judgment, a written statement under oath setting forth in detail the manner in which

808 HI-DR8 has complied with the injunction of paragraph C,

E. That 808 HI-DR8 be required to deliver to Hydro Flask for destruction any and all

articles in its possession and/or under its control that infringe the ‘912, ‘805, and ‘986 patents,

including, but not limited to, the Accused Products,

F. That 808 HI-DR8 be ordered to pay Hydro Flask the damages that Hydro Flask

has suffered due to infringement of the ‘912, ‘805, and ‘986 patents by 808 HI-DR8, together

with interest thereon and costs pursuant to 35 U.S.C. § 284, including profits lost by plaintiffs as

a result of infringement of the ‘912, ‘805, and ‘986 patents; in any event Hydro Flask shall be

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awarded no less than a reasonable royalty for the unauthorized sale of the infringing products by

808 HI-DR8,

G. That 808 HI-DR8 additionally be ordered to pay Hydro Flask the total profits

obtained by 808 HI-DR8 from sales of the infringing goods, per 35 U.S.C. § 289, and

H. That this case be declared exceptional pursuant to 35 U.S.C. § 285, and that

Hydro Flask be awarded trebled damages and reasonable attorneys’ fees; and

I. That, in any event, Hydro Flask be awarded such other and further relief as the

Court deems just and proper.

Fourth and Fifth Causes of Action

J. That Hydro Flask’s Hydro Flask Marks has been and continues to be infringed by

808 HI-DR8 in violation of 15 U.S.C. §§ 1114(1) and 1125(a),

K. That 808 HI-DR8’s use of the Accused Marks constitutes unfair competition and

a false designation of origin in violation of 15 U.S.C. § 1125(a),

L. That 808 HI-DR8’s use of the Accused Marks violates Oregon common law

regarding trademark infringement and unfair competition,

M. That, pursuant to Rule 65 of the Federal Rules of Civil Procedure and 15 U.S.C. §

1116, 808 HI-DR8, its officers, agents, servants, employees, attorneys, successors, and/or

assigns, and all other persons in active concert or participation with any of them be preliminarily

and permanently enjoined from (1) using the Accused Marks in connection with insulated bottles

and bottle lids, and (2) continuing any and all acts of unfair competition as herein alleged,

N. That 808 HI-DR8 be ordered pursuant to Rule 65 of the Federal Rules of Civil

Procedure and 15 U.S.C. § 1118, to recall from all retailers and distributors and to deliver up for

impounding all goods or materials improperly bearing the Accused Marks,

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O. That 808 HI-DR8 be required to file with this Court, within thirty (30) days after

entry of final judgment, a written statement under oath setting forth in detail the manner in which

808 HI-DR8 has complied with any injunction imposed,

P. That, pursuant to 15 U.S.C. § 1119, the Director of the U.S. Patent and Trademark

Office be enjoined from issuing to 808 HI-DR8 any registration for a mark that would create a

likelihood of confusion, mistake, or deception with the Hydro Flask Marks,

Q. That, pursuant to 15 U.S.C. § 1117, Hydro Flask be awarded up to three times 808

HI-DR8’s profits or Hydro Flask’s damages, in an amount to be determined at trial, together with

prejudgment interest,

R. That Hydro Flask be awarded its damages pursuant to the common law,

S. That this be declared an "exceptional case" under Section 35(a) of the Lanham

Act, 15 U.S.C. § 1117, and that Hydro Flask be awarded its reasonable attorneys’ fees and full

costs, and

T. That Hydro Flask be awarded any other remedy to which it may be entitled

pursuant to the Lanham Act and Oregon statutory and common law;

/ / /

/ / /

/ / /

/ / /

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DEMAND FOR JURY TRIAL

Plaintiff Steel Technology, LLC hereby demands a trial by jury.

DATED this 12th day of January, 2015.

Respectfully submitted,

KOLISCH HARTWELL, P.C.

By s/ Thomas J. Romano

THOMAS J. ROMANO, OSB No. 053661

E-mail: tromano@khpatent.com

200 Pacific Building

520 S.W. Yamhill Street

Portland, Oregon 97204

Telephone: (503) 224-6655

Facsimile: (503) 295-6679

Of Attorneys for Plaintiff

Case 3:15-cv-00058-AA Document 1 Filed 01/12/15 Page 17 of 17