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IN THE UNITED STATES DISTRICT COUR1lDI2 JUL -9 AM g_
FOR THE DISTRICT OF VERMONT . S3
CLERK
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WORLD CUP SUPPLY, INC., )
MBW TECHNOLOGIES, LLC, and ) .-- -.,
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SPMS.p.A. ) Civil Action No. - , .t..' .."
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Plaintiffs )
)
v. ) July 6,2012
)
GTI SPORTS, GREG TIMM, and )
BEVANNTIMM ) Trial by Jury Demanded
)
Defendants )
COMPLAINT FOR PATENT INFRINGEMENT AND UNFAIR COMPETITION
Plaintiffs World Cup Supply, Inc., MBW Technologies, LLC, and SPM S.p.A.
(collectively, "Plaintiffs") allege as follows:
I. JURISDICTION
1. This is a civil action for patent infringement arising under 35 U.S.c. 271, et seq., and
unfair competition arising from unfair and deceptive acts and practices in the conduct of the
defendant's trade in violation ofthe Vermont Statute for Unfair Trade Practices, 9 V.S.A. 2453,
et seq., and the Vermont Common Law of Unfair Competition.
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2. Jurisdiction ofthis Court is proper pursuant to 28 U.S.C. 1331, 1338(a).
3. This Court has supplemental jurisdiction over the Vermont Statute for Unfair Trade
Practices and related causes of action pursuant to 28 U.S.C. 1338(b) & 1367.
II. VENUE
4. Venue is proper in this Court pursuant to 28 U.S.C. 1391(b), 1391(c), and 1400(b),
insomuch as contacts are sufficient to subject Defendants to personal jurisdiction in this district.
5. Personal jurisdiction over Defendants is vested in the United States Court for the District
of Vermont in that Plaintiffs are informed and believe that Defendants transact business in this
district; have repeatedly solicited business in this district; have manufactured, used, offered for
sale or sold infringing devices alleged herein with the reasonable expectation that such devices
are to be used or consumed in this district; have manufactured, used, offered for sale or sold other
goods with the reasonable expectation that such goods are to be used or consumed in this district;
have committed the acts of infringement complained of herein in this district; and derive revenue
for goods used or consumed, or for services rendered, in this district.
6. Personal jurisdiction over Defendants is further vested in the United States Court for the
District of Vermont in that Plaintiffs are informed and believe that Defendants operate an
interactive website .. www.flexgates.com.. that solicits business in this district; offers infringing
devices for sale in this district; and allows for the ordering and purchasing of infringing devices
through this interactive website in this district. Exhibit A.
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III. PARTIES
7. Plaintiff World Cup Supply, Inc. ("World Cup Supply" or "WCS") is a Vermont
Corporation having a principal place of business at 3 Ely Road, Fairlee, Orange County, Vermont
05045 USA.
8. Plaintiff MBW Technologies, LLC ("MBWT") is a New Hampshire limited liability
company, having a principal place of business at 53 Northwood Lane, New London, NH 03257
USA.
9. Plaintiff SPM S.p.A. ("SPM") is an Italian Corporation (Societa per Azioni) having a
principal place of business at Via Provinciale 26,21030 Brissago (VA), Italy.
10. Plaintiffs are informed and believe that defendant GTI Sports ("GTI Sports") is an Oregon
business with a principal address at 1609 S.E. Ramsay Road, Bend, Oregon 97702.
11. Plaintiffs are informed and believe that defendant GTI Sports applied for the domain
names www.flexgates.com and www.gtisports.com. Exhibit B.
12. Plaintiffs are informed and believe that Greg Timm is principal of GTI Sports and a
resident of Oregon having an address at 1609 S.E. Ramsay Road, Bend, Oregon 97702.
13. Plaintiffs are informed and believe that Bevann Timm is a principal of GTI Sports and a
resident of Oregon having an address at 1609 S.E. Ramsay Road, Bend, Oregon 97702.
14. Plaintiffs are informed and believe that defendant Greg Timm is the administrator of the
websites www.flexgates.com and www.gtisports.com. Exhibit B.
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15. Plaintiffs are infonned and believe that defendants Gregg Timm and Bevann Timm
registered the business name GTI Sports with the State of Oregon on or about October 16,2002,
and continue to conduct business under this business name. Exhibit C.
16. Plaintiffs are infonned and believe that defendants Gregg Timm and Bevann Timm make
or have made, distribute or have distributed, market, offer for sale, and/or sell the infringing
devices in the United States and in this district under the business name GTI Sports.
IV. APPLICABLEFACTS
17. On July 24, 2007, Plaintiff MBWT filed a patent application with the United States
Patent and Trademark Office under application serial number 111782,143 (the "'143
Application"), entitled "DELINEATING POLE HAVING AN ANCHORING BASE AND
SPRING CARTRIDGE FOR SNOW BASED APPLICATIONS."
18. The claimed invention of the '143 Application encompasses an anchoring base for a
delineating pole using the reconfiguration of protruding resilient mechanical members
comprising a plurality of bristles or bristle tufts, to facilitate insertion and resist the subsequent
extraction force on the pole. The resilient mechanical members extend outwards relative to the
insertion rod longitudinal axis, and bend or configure upon insertion of the anchoring base, into a
first position that facilitates insertion while impeding and resisting axial extraction forces, and
upon subsequent rotation of the anchoring base, the mechanical members bend or reconfigure
into a second position such that the extraction resistance force is significantly reduced. The
claimed invention was primarily designed for snow based applications.
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19. On September 14, 2010, U.S. Patent Application No. 111782,143 was duly and legally
issued by the United States Patent and Trademark Office to Christoph P. Menzel and Steven
Barss, the inventors, as United States Patent No. 7,794,175 (the "'175 Patent"). A true and correct
copy ofthe '175 Patent is attached hereto. Exhibit D.
20. Plaintiff MBWT has been, and continues to be, the owner by assignment of the '175
Patent.
21. On July 23,2010, PlaintiffMBWT tiled a divisional patent application with the United
States Patent and Trademark Office under application serial number 12/842,289 (the "'289
Application"), entitled "DELThTEATING POLE HAVING AN ANCHORING BASE AND
SPRING CARTRIDGE FOR SNOW BASED APPLICATIONS." The '289 Application is a
divisional application ofthe '175 Patent, and claims priority thereto.
22. The claimed invention of the '289 Application encompasses an anchoring base for a
delineating pole using the reconfiguration of protruding resilient mechanical members (not
limited to bristles or bristle tufts) to facilitate insertion and resist the subsequent extraction force
on the pole. The mechanical members extend outwards relative to the insertion rod longitudinal
axis, and bend or configure upon insertion of the anchoring base, into a first position that
facilitates insertion while impeding and resisting axial extraction forces, and upon subsequent
rotation of the anchoring base, the mechanical members bend or reconfigure into a second
position such that the extraction resistance force is significantly reduced. The claimed invention
was primarily designed for snow based applications.
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23. On January 18, 2011, the '289 Application was duly and legally issued by the United
States Patent and Trademark Office to Christoph P. Menzel and Steven Barss, the inventors, as
United States Patent No. 7,871,221 (the "'221 Patent"). A true and correct copy of the '221 Patent
is attached hereto. Exhibit
24. Plaintiff MBWT has been, and continues to be, the owner by assignment of the '221
Patent.
25. Plaintiff, World Cup Supply of Fairlee, Vermont, is the exclusive distributor in the
United States for anchoring base products claimed and protected by the '175 and '221 Patents.
26. Plaintiff SPM is the exclusive licensed manufacturer of the anchoring base products
claimed and protected by the '175 and '221 Patents, and sells these products internationally and to
World Cup Supply.
27. Plaintiffs have invested large sums of money in designing, manufacturing, advertising,
offering for sale, and selling the anchoring base products claimed and protected by the '175 and
'221 Patents.
28. Plaintiffs have enjoyed extraordinary success in the design, development, marketing,
advertising, offering for sale, and selling, of the anchoring base products claimed and protected
by the '175 and '221 Patents throughout this district, the United States, and internationally.
29. Plaintiffs manufacture, advertise, offer for sale, and sell anchoring base products
incorporating the invention disclosed and claimed in the '175 and '221 Patents in this district and
elsewhere in the United States under the U.S. Registered Trademark BrushGrip. Exhibit F.
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30. Plaintiffs are informed and believe that Defendants have violated Plaintiffs' patent rights
and infringed the '175 and '221 Patents by making, using, offering for sale, and selling in this
district and elsewhere in the United States anchoring base products incorporating the invention
disclosed and claimed in the '175 and '221 Patents. Defendants have featured infringing products
on an interactive website under the trade name BristleBases. The interactive website is capable of
receiving orders for the purchase of Defendants' BristleBases from consumers in this district and
throughout the United States. Exhibit A.
3 L Plaintiffs are informed and believe that Defendant GTI Sports' website,
www.gtisports.com. has a direct link on its home page to the interactive website
www.fiexgates.com. which allows for the purchase of the infringing devices in this district and
throughout the United States. Exhibit G.
32. Plaintiffs are informed and believe that Defendants have manufactured, advertised,
offered for sale, and/or sold infringing devices incorporating the invention disclosed and claimed
in the '175 and '221 Patents and other related devices in this district and throughout the United
States on the aforementioned interactive websites, and in their electronic catalog, including, but
not limited to, the following products: a) BristleBase for soft snow; b) BristleBase for firm snow;
c) BristleBase for Standard Hinges; and d) BristleBase for Competition Hinges. Exhibits A & H.
33. Plaintiffs are informed and believe that Defendants have offered for sale, and sold
anchoring base products incorporating the invention disclosed and claimed in the '175 and '221
Patents in this district at least to the following entity: Burke Mountain Academy, 60 Alpine Lane,
East Burke, Vermont 05832.
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34. As a direct consequence of the significant advancement made by the patented anchoring
bases, and particularly to delineating pole installation and removal for slalom racing, as well as
the initial and sustaining popularity of the invention in the ski industry, the patented anchoring
bases have provided Plaintiffs with a "leader" product, introducing Plaintiffs to new customers
and stimulating substantial sales of related products for Plaintiffs to offer and sell to new and
existing customers.
35. Plaintiffs are informed and believe that Defendants' entry into the marketplace with
anchoring base products incorporating the invention disclosed and claimed in the '175 and '221
Patents has detracted from Plaintiffs' standing in the marketplace with its novel invention,
directly affecting the sale of Plaintiffs' patented anchoring base products, as well as sales of
related products purchased as a result of Plaintiffs' patented anchoring bases being a "leader"
product.
V.COUNTI
(Patent Infringement of U.S. Patent No. 7,794,175
in Violation of 35 U.S.C. 271, et seq.)
36. Plaintiffs re-allege the allegations contained in Paragraphs 1-35 as if fully set forth herein.
37. Defendant has been and is now engaged in activities that infringe the '175 Patent by
making, using, offering for sale, and selling anchoring base products incorporating the invention
disclosed and claimed in the '175 Patent in violation of 35 U.S.C. 271, et seq.
38. By making, using, advertising, offering for sale, and selling its anchoring base products
incorporating the invention disclosed and claimed in the '175 Patent, Defendants have usurped
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Plaintiffs' standing in the marketplace as the sole source provider of the patentably distinct
anchoring base products, and has denied Plaintiffs of substantial related product sales that are a
consequence of the patented products having become an introductory "leader" item for related
product sales.
39. The Defendants' acts complained of herein have been and are now being done willfully
with knowledge of or reason to know that they constitute infringement of the '175 Patent in
violation of 35 U.S.C. 271, et seq.
40. Plaintiffs are informed and believe that the infringement by Defendants the '175 Patent by
making, using, offering for sale and selling the infringing devices in this district, and elsewhere
in the United States, has been repetitious and willful with conscious disregard for the rights of
Plaintiffs, and will continue unless enjoined by this Court.
41. Plaintiffs have suffered and will continue to suffer irreparable harm, damage, and injury
by reason of the complained of acts for which Plaintiffs have no adequate remedy at law.
42. As a direct and proximate result of Defendants' acts of patent infringement, Plaintiffs
have been and continue to be injured, and have sustained and will continue to sustain substantial
damages in an amount not presently known.
VI. COUNT II
(Patent Infringement of U.S. Patent No. 7,871,221
in Violation of 35 U.S.C. 271, et seq.)
43. Plaintiffs re-allege the allegations contained in Paragraphs 1-42 as if fully set forth herein.
..

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44. Defendant has been and is now engaged in activities that infringe the '221 Patent by
making, using, offering for sale, and selling anchoring base products incorporating the invention
disclosed and claimed in the '221 Patent in violation of35 U.S.C. 271, et seq.
45. By making, using, advertising, offering for sale, and selling its anchoring base products
incorporating the invention disclosed and claimed in the '221 Patent, Defendants have usurped
Plaintiffs' standing in the marketplace as the sole source provider of the patentably distinct
anchoring base products, and has denied Plaintiffs of substantial related product sales that are a
consequence of the patented products having become an introductory "leader" item for related
product sales.
46. The Defendants' acts complained of herein have been and are now being done willfully
with knowledge of or reason to know that they constitute infringement of the '221 Patent in
violation of35 U.S.C. 271, et seq.
47. Plaintiffs are informed and believe that the infringement by Defendants the '221 Patent by
making, using, offering for sale and selling the infringing devices in this district, and elsewhere
in the United States, has been repetitious and willful with conscious disregard for the rights of
Plaintiffs, and will continue unless enjoined by this Court.
48. Plaintiffs have suffered and will continue to suffer irreparable harm, damage, and injury
by reason of the complained of acts for which Plaintiffs have no adequate remedy at law.
49. As a direct and proximate result of Defendants' acts of patent infringement, Plaintiffs
have been and continue to be injured, and have sustained and will continue to sustain substantial
damages in an amount not presently known.
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competition in commerce that deprives Plaintiffs of the goodwill attributed to their ingenuity and
the fruits oftheir labor.
54. Plaintiffs have suffered and will continue to suffer irreparable harm, damage, and injury
by reason of the complained of acts for which Plaintiffs have no adequate remedy at law.
55. As a direct and proximate result of Defendants' acts of unfair competition, Plaintiffs have
been and continue to be injured, and have sustained and will continue to sustain substantial
damages in an amount not presently known.
VIII. PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for relief as follows:
1. That Defendants, and all other persons, firms, or corporations acting in concert or
participation with them, be enjoined and restrained, during the pendency of this action and
permanently thereafter, from making, using, marketing, offering for sale, or selling any and all
goods which infringe the '175 and '221 Patents;
2. That Plaintiffs recover damages sustained as a result of Defendants' infringement
of the '175 and '221 Patents, pursuant to 35 U.S.C. 284;
3. That Defendants' infringement be adjudged to be willful and this case declared
exceptional, and that Plaintiffs' damages be trebled, pursuant to 35 U.S.C. 284;
4. That Defendants' infringement be adjudged to be willful and this case declared
exceptional, and that Plaintiffs recover its reasonable costs, expenses, and attorney fees, pursuant
to 35 U.S.C. 285;
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5. That Defendants be judged to have unfairly competed with Plaintiffs, usurping
Plaintiffs legitimate rights to be a sole source provider of the patented anchoring bases, and
denying Plaintiffs of the goodwill attributed to their ingenuity, as well as substantial product and
related product sales.
6. That Plaintiffs be granted such other and further relief as the Court deems just and
proper.
IX. DEMAND FOR JURY TRIAL
Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiffs hereby demand
a jury trial on all issues raised by the claims herein and triable of right by a jury.
Respectfully submitted,
World Cup Supply, Inc.,
MBW Technologies, LLC, and
SPM S.p.A.
Date: July 6, 2012 BYC\Z' ~ / \ l ~
Robert Curcio
DELIO & PETERSON, LLC
121 Whitney Avenue
New Haven, CT 06510
Tel. 203-787-0595
Fax 203-787-5818
Attorney for Plaintiffs