Spyderco v. Extreme Instinct - Complaint

Case 1:19-cv-00211-RPM Document 1 Filed 01/24/19 USDC Colorado Page 1 of 20
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO
Civil Action No.
Spyderco, Inc.,
a Colorado corporation,
Plaintiff,
v.
Extreme Instinct LLC,

a Colorado Limited Liability Company,
Defendant.
COMPLAINT WITH JURY DEMAND
Plaintiff Spyderco, Inc. ("Spyderco") files this Complaint with Jury Demand against
Defendant Extreme Instinct LLC ("EIL"), alleging as follows:
I. THE PARTIES
1. Spyderco is a Colorado corporation having its principal place of business at 820
Spyderco Way, Golden, Colorado 80403.
2. EIL is a Colorado limited liability company in good standing that owns and operates
a retail store and affiliated businesses. The President and Registered Agent of EIL is Matthew
Daniel Wright, and both Mr. Wright and EIL have a business address of 6550 West 14th Avenue,
Unit 12, Lakewood, Colorado 80214.
II. JURISDICTION AND VENUE
3. This is an action arising from EIL's willful infringement of Spyderco's design patent
rights, counterfeiting and willful infringement of Spyderco's federally registered trademarks,

violation of the Colorado Consumer Protection Act ("CCPA"), civil conspiracy, misappropriation
of business values, and commercial disparagement, in addition to punitive damages under
Colorado Statutory law.
4. This Court has jurisdiction over the subject matter of this action pursuant to 15
U.S.C. § 1121 and 28 U.S.C. §§ 1331 and 1338. The Court has supplemental jurisdiction over
Spyderco's state law claims under 28 U.S.C. § 1367, as they are so related to the federal claims
that they form part of the same case or controversy.
5. EIL is incorporated in Colorado, has its principal place of business in Colorado,
and has general minimum contacts with this judicial district by transacting business within
Colorado.
6. Venue over this action is proper in this Court under 28 U.S.C. § 1391.
III. GENERAL ALLEGATIONS
7. Spyderco is engaged in the business of, among other things, designing, developing,
manufacturing and distributing knives and knife accessories. Many of these products are
manufactured at Spyderco's Golden, Colorado facility, and all its business operations occur out of
that facility. Spyderco and its products are recognized by the knife industry as being among the
very best in quality and distinctiveness in the world. Spyderco's business and product reputation
are its most prized business assets.
A. Spyderco's Iconic RUBICON Knife
8. One of Spyderco's most recognized and iconic knives is known as the RUBICON
and is based upon a design invented by Peter Carey, a world-renowned knife designer from Texas.
That product name is included on packaging and marketing collateral for the product, which is
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sold with a textile-based carrying pouch embossed with Spyderco's Bug Mark (discussed below).
Marketing literature is also included in the package. Information about that product is listed on
Spyderco's website at https://www.spyderco.com/?s=rubicon, and that information is incorporated
herein by this reference. These knives came in several styles and were sold at retail stores for
many years and carried a manufacturer suggested retail price ("MSRP") of $359.95. As Spyderco's
website describes:
The Rubicon faithfully captures all the qualities of Peter Carey's meticulously
crafted custom folders in one of the most refined production knives ever made. Its
blade is precision machined from premium CPM® S30V® powdered metallurgy
stainless steel and features an integral flipper. This feature—pioneered by the late
Kit Carson—generates leverage to open the blade when powered by pressure from
the user's index finger. It works in concert with special ball-bearing washers around
the pivot to provide swift, remarkably smooth opening of the blade. Once open, the
blade's deeply hollow ground primary bevel and flat-ground wedge offer
exceptional edge geometry and point utility to effectively tackle practically any
cutting chore. The blade also features a Trademark Round Hole™, proudly
identifying it as a Spyderco product and offering additional one-hand opening
options.
The Rubicon's handle is built on a framework of skeletonized full titanium liners

that provide exceptional strength to the knife's LinerLock mechanism. The thick
liners are covered with three-dimensionally-machined solid carbon fiber scales that
are polished to a high finish to reveal the multi-layered matrix of this premium
material. The special three-lobed blade pivot is accented by circular orange G-10
inlays on both sides of the handle and balanced by a matching orange G-10 spacer
in the handle. A broad, contoured stainless steel pocket clip supports right-side, tip-
up carry and ensures that the knife is always readily accessible when you need it.
One of these RUBICON knives, as shown on the website, is pictured below:
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9. These knives are specially manufactured with high quality Crucible CPM S30V
steel, with the quality of this steel being touted as important on Spyderco's website. That specific
steel is often used, as it has qualities prized by military, first responders and others who find
themselves in situations that require constant critical use of cutting tools. In order that these
professionals can know that their cutting tool is made of the highest quality steel and they can be
confident they are entering an uncertain field with a needed tool, Spyderco marks the blade of all
authentic RUBICON knives with the designation "CPM S30V." Also, to show these knives have
been approved by Mr. Carey, they are marked on the blade with his trademark
(“Carey Trademark”).
B. Spyderco's Relevant Federally Registered Intellectual Property
10. Spyderco is the owner of now incontestable U.S. Trademark Registration Number
1,965,458 in International Class 8 (U.S. Classes 23, 28 and 44) for folding knives for the mark
SPYDERCO (the "Spyderco Mark"). A true and accurate copy of the Spyderco Mark registration
is attached hereto as Ex. A, which is incorporated herein by this reference. Based upon Spyderco's
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continuous non-interrupted use of that trademark for years in interstate commerce, relevant
consumers have come to associate it exclusively with Spyderco, who thus also acquired strong
common law trademark rights in and to the Spyderco Mark long before EIL, who without
authorization, used the identical mark on visually identical knives.
11. Spyderco is also the owner of now incontestable U.S. Trademark Registration
Number 1,957,810 in International Class 8 (U.S. Classes 23, 28 and 44) for knives, namely
hunting, fishing, pocket, folding and sporting knives, and sharpening stones for the mark
(the "Bug Mark"). A true and accurate copy of the Bug Mark registration is attached hereto as
Ex. B, which is incorporated herein by this reference. Based upon Spyderco's continuous non-
interrupted use of that trademark for years in interstate commerce, relevant consumers have come
to associate it exclusively with Spyderco, who thus acquired strong common law trademark rights
in and to the Bug Mark long before EIL, who without authorization, used the identical mark on
visually identical knives.
12. Spyderco is the owner of now incontestable U.S. Trademark Registration Number
2,033,317 in International Class 8 (U.S. Classes 23, 28 and 44) for folding knives with a round
through hole in the blade of a knife that is located closer to the end of the knife blade than to the
blade tip (the "Round Hole Mark"). A true and accurate copy of the Round Hole Mark registration
is attached hereto as Ex. C, which is incorporated herein by this reference. Based upon Spyderco's
continuous non-interrupted use of that trademark for years in interstate commerce, relevant
consumers have come to associate it exclusively with Spyderco, who thus acquired strong common
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law trademark rights in and to the Round Hole Mark long before EIL, who without authorization,
used the identical mark on visually identical knives.
13. The Spyderco Mark, Bug Mark, and Round Hole Mark will collectively be referred
to below, unless otherwise stated, as the "FEDERAL MARKS."
14. Spyderco is also the owner of U.S. Design Patent No. D747,946 that lists Peter
Carey of Lago Vista, Texas as its inventor ("the '946 Patent"). The '946 Patent was duly and
properly issued on January 26, 2016, is presumed and is valid and enforceable, and claims the
design of a folding knife that captures the new and nonobvious elements of the RUBICON knife.
A copy of that patent is attached as Ex. D, which is incorporated herein by this reference.
C. EIL And Its Infringing Conduct
15. EIL was formed by Mr. Wright in 2005 and is in the business of selling knives and
other products for outdoor enthusiasts. Upon information and belief, EIL operates a website at
www.extremeinstinct.com and information about the company is there disclosed.
16. EIL purchased a booth at the National Western Stock Show, held in Denver,
Colorado from January 12 to 27, 2019. In that booth, EIL displayed product that was for sale. A
photo of the booth (“Stock Show Booth”) is shown below:
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17. EIL acquired some yet unknown quantity of knives that were offered for sale at
least the Stock Show Booth. One of those knives was purchased and the following redacted
electronic receipt was provided:
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18. The purchased knife and carrying case sold with it is shown in the below photo as
the left most items; the right most items are an authentic RUBICON knife and carrying case
manufactured by Spyderco:
A close-up of the knife sold by EIL, showing the FEDERAL MARKS, as well as indicating that
the blade steel is CPM S30V, is shown in the below photo:
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A photo showing the same knives and carriers, but from the other side of the knives, is reproduced
below:
The EIL-sold knife also shows the Carey Trademark on the blade.
19. The purchased EIL knife was not produced by Spyderco. Instead, it is a counterfeit
RUBICON, being sold for $70, when Spyderco's MSRP for such a knife is $359.95 These knives
being offered for sale by and being sold by EIL as Spyderco knives are made of inferior materials
and have an inferior build quality. These knives will not perform as advertised (i.e., and upon
information and belief, the blades are not made of CPM S30V steel) and will fail in use much more
quickly than an authentic Spyderco RUBICON knife that has a blade made of CPM S30V steel.
When they fail early and/or do not perform as expected, the original purchaser and/or a subsequent
purchaser, another acquirer, or just a person viewing unflattering use of the knives, will think less
of Spyderco and the quality of Spyderco products. Spyderco's reputation is a prized business asset,
and the reputational loss visited upon Spyderco by EIL's sale of the counterfeit knives, which is
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completely out of Spyderco's control, will result in significant reputational damage to Spyderco,
its brand and its products.
20. 35 U.S.C. §1116 (d)(1)(B)(i) & (ii) defines a counterfeit designation as any symbol
used on a good sold in interstate commerce that is identical to or substantially indistinguishable
from a symbol that is registered on the Principal Register of the United States. Knowledge of the
registration is irrelevant. The AMERICAN COLLEGE DICTIONARY OF THE ENGLISH LANGUAGE
(2000) similarly defines "counterfeit" as "to make a copy of, usually with the intent to defraud."
The knives being sold by EIL include the identical Spyderco Mark, Bug Mark, and Round Hole
Mark, all of which are registered on the Principal Trademark Register of the United States. EIL's
unauthorized advertisement, offer for sale, and sale of those knives thus constitutes distribution in
interstate commerce of counterfeit goods under 15 U.S.C. § 1117(c). Those EIL knives will
hereafter be referred to as the "Counterfeit Knives."
21. The Counterfeit Knives have been offered for sale and sold since at least January
17, 2019 and look identical to authentic Spyderco RUBICON knives, but they were not
manufactured or distributed by Spyderco. Rather, and upon information and belief, the Counterfeit
Knives, and more like them, were likely acquired by EIL from a Chinese distributor for
approximately $10 per unit. If that acquisition price is accurate, EIL has been and is continuing to
generate an obscene profit from its illegal and unauthorized sale of the Counterfeit Knives. The
only reason EIL can generate this obscene profit is because Spyderco spent decades generating a
strong product offering, demand for its high-quality goods and a near-cult following for its
RUBICON knives. EIL is free riding on Spyderco's corporate and product reputations to generate
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unbridled corporate gain and is undercutting the MSRP of authentic Spyderco RUBICON knives
by approximately 500% to achieve its goal.
22. Under 15 U.S.C. § 1117(c), EIL's advertising, offer for sale, and sale of the
Counterfeit Knives is willful. EIL is in the knife business and, upon information and belief, knows
that authentic Spyderco knives retail for much more than what it is selling the Counterfeit Knives.
EIL was thus aware of exactly what it was doing when it chose to offer for sale the Counterfeit
Knives and knowingly and wantonly chose to offer and sell the Counterfeit Knives to damage,
perhaps irreparably, Spyderco's superior and valuable reputational rights reflected in the
FEDERAL MARKS.
23. EIL's willful counterfeiting and infringement of the FEDERAL MARKS make this
an exceptional case, entitling Spyderco to an award of treble actual damages in the form of
Spyderco's lost profits and EIL's gross profits under 15 U.S.C. § 1117(a), an award of attorney's
fees and costs (including expert costs) under 15 U.S.C. § 1117(a); an award of compensatory
damages to cover a national corrective advertising campaign that Spyderco must undertake to
advise the purchasing public about the hazards of acquiring Counterfeit Knives under 15 U.S.C.
§ 1117(a), an award of prejudgment and post judgement interest under 15 U.S.C. § 1117(a) and,
perhaps most significantly, an award from this Court of statutory damages for willful
counterfeiting under 15 U.S.C. § 1117(c)(2) of not less than $200,000 nor more than $2,000,000
per counterfeited mark (3 in total) found on the Counterfeit Knives, or a total award of statutory
damages of not less than $600,000 nor more than $6,000,000 in statutory damages.
24. The Counterfeit Knives also include on their blades "CPM S30V," indicating to
reasonable consumers that the knife blade is made of CPM S30V steel. This marking is literally
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false and, upon information and belief, a willful fraud upon both Spyderco and the consuming
public. Sale of the Counterfeit Knives with the false product ingredient marking causes
special/actual damages and reputational damages. The reputation damages have been delineated
above. The actual (special) damages flow from a loss of product sales and profits that would
typically flow from sales of authentic products.
25. The Counterfeit Knives also are a literal, direct infringement of the claim of the
'946 Patent. Alternatively, the Counterfeit Knives infringe the '946 Patent claim under the doctrine
of equivalents.
IV. FIRST CLAIM FOR RELIEF

(Federal Trademark Infringement, Unfair Competition, and False Designation of Origin of
all FEDERAL MARKS Under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a))
26. Spyderco incorporates paragraphs 1 through 25 as though fully set forth herein.
27. Without Spyderco's consent, EIL has used, on and in connection with the sale,
offering for sale, distribution and advertising of its Counterfeit Knives Spyderco's FEDERAL
MARKS.
28. These acts constitute trademark infringement and have been committed with the
intent to cause confusion, mistake, or deception, and are in violation of 15 U.S.C. § 1125(a).
29. As a direct and proximate result of EIL's infringing activities, Spyderco is entitled
to recover its unlawful profits and Spyderco's damages under 15 U.S.C. § 1117(a).
30. EIL's infringement of Spyderco's FEDERAL MARKS is exceptional and
intentional, entitling Spyderco to treble the amount of its damages and EIL's profits, and to an
award of attorneys' fees and costs under 15 U.S.C. § 1117(a).
31. Spyderco is entitled to injunctive relief pursuant to 15 U.S.C. § 1116(a).
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V. SECOND CLAIM FOR RELIEF

(Federal Trademark Counterfeiting and Infringement of all FEDERAL MARKS
Under § 32 of the Lanham Act, 15 U.S.C. § 1114)
offering for sale, distribution, and advertising of its Counterfeit Knives, Spyderco's FEDERAL
MARKS. EIL is promoting and advertising, selling, offering for sale, and distributing counterfeit
and infringing knives bearing Spyderco's FEDERAL MARKS.
34. These acts are likely to cause confusion in the trade and among the general public
as to at least the origin and quality of the Counterfeit Knives.
35. With actual or constructive notice of Spyderco’s federal registration rights under
15 U.S.C. § 1072, and long after Spyderco commenced use of the FEDERAL MARKS, EIL made
unauthorized commercial uses in commerce of the FEDERAL MARKS.
36. These illegal acts constitute counterfeiting and trademark infringement of the
FEDERAL MARKS in violation of Spyderco’s rights under § 32 of the Lanham Act, 15 U.S.C. §
1114.
37. EIL’s counterfeiting and infringement of Spyderco's FEDERAL MARKS is
exceptional and intentional, entitling Spyderco to treble the amount of its damages and EIL’s
profits, and to an award of attorneys' fees and costs under 15 U.S.C. § 1117(a).
38. Spyderco has suffered and will continue to suffer irreparable injury due to EIL’s
actions if EIL is not preliminarily and permanently enjoined. Spyderco is entitled to injunctive
relief pursuant to 15 U.S.C. § 1116(a).
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VI. THIRD CLAIM FOR RELIEF

(Willful Federal Counterfeiting, § 35 (a) & (c)
of the Lanham Act, 15 U.S.C. § 1117 (a) & (c))
offering for sale, distribution and advertising of its Counterfeit Knives designations that are
identical to Spyderco's FEDERAL MARKS.
41. These acts constitute willful trademark counterfeiting in violation of 15 U.S.C.
§ 1117 (a) and (c).
42. As a direct and proximate result of EIL's activities, Spyderco is entitled to recover,
among other things, at least $600,000 in statutory damages under 15 U.S.C. § 1117(c).
43. EIL's counterfeiting renders this case exceptional and intentional, entitling
Spyderco to, among other things, an award of attorneys' fees under 15 U.S.C. § 1117(a).
44. Spyderco is also entitled to injunctive relief pursuant to 15 U.S.C. § 1116(a).
VII. FOURTH CLAIM FOR RELIEF

(Violation of the CCPA, Colo. Rev. Stat. § 6-1-105)
46. Through the acts complained of herein, EIL has violated at least sections (a)-(e) of
Colo. Rev. Stat. § 6-1-105 and thus engaged in unfair and deceptive trade practices.
47. These acts occurred during and as part of EIL's actual and continuing business.
48. The complained of acts significantly impact the public who purchased the
Counterfeit Knives in that they or those acquiring the products from them acquired inferior
products under false pretenses that could cause grave bodily harm to those individuals or others.
While the total number of consumers who may be affected by the inferior Counterfeit Knives may
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be low when compared to the total number of authentic Spyderco knives that have been sold, the
damage that could be caused by a failure of a Counterfeit Knife could be very significant (perhaps
including death), and this is the type of impact for which the CCPA was designed to address.
49. Spyderco has suffered actual and reputational injury due to EIL's fraudulent and
deceitful conduct as outlined herein and EIL has intentionally and willfully caused that injury.
50. Spyderco is entitled to injunctive relief and monitory relief on this claim in the form
of treble actual damages and corrective advertising dollars, an award of fees and costs and an
award of prejudgment interest.
VIII. FIFTH CLAIM FOR RELIEF

(Commercial Disparagement)
52. The false statement etched into the Counterfeit Knives, along with counterfeiting
of the FEDERAL MARKS, constitute actionable willful and wanton commercial disparagement:
(1) the steel designation is literally false; (2) these statements have been and are continuing to be
published to customers and potential EIL customers; (3) EIL's Counterfeit Knives are inferior to
authentic Spyderco RUBICON knives and as such their sale by EIL and use by its customers and
others is derogatory to (i.e. detract from or diminish) Spyderco's business in general, Spyderco's
rights in and thus title to its FEDERAL MARKS and to the quality of products sold thereunder, as
well as to the quality of Spyderco's reputation, generally; (4) EIL had actual malice (i.e. intent,
without just cause or reason, to commit a wrongful act that will result in harm) when it chose to
advertise and sell the Counterfeit Knives, knowing or reasonably should have known that they
were not authentic Spyderco products; (5) thus, causing special damages in the form of lost profits
on the sale of authentic Spyderco knives.
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53. Because of EIL's wrongful conduct, Spyderco has suffered significant injury.
54. As a direct result of EIL's actions, Spyderco has been and will continue to be
irreparably injured because it no longer has complete control of its reputation and the goodwill
that has been painstakingly developed in the products and FEDERAL MARKS. Spyderco will be
forced to correct confusion in the marketplace resulting from EIL's counterfeiting, even after
injunctive relief is granted.
55. EIL's counterfeiting is causing Spyderco damages in amounts to be proven at trial.
IX. SIXTH CLAIM FOR RELIEF

(Misappropriation of Business Value)
57. Spyderco has expended significant resources, including skill, time, effort, and
money, in acquiring and developing the FEDERAL MARKS, look of the RUBICON knife, and
the goodwill associated therewith. Spyderco has thus acquired substantial business values therein,
which are under Colorado law a protectable business value of Spyderco.
58. Through its sale of the Counterfeit Knives, EIL has wrongfully appropriated the
skill, time, effort, and money that Spyderco has invested in its business values, causing significant
injury to Spyderco.
59. As a direct result of EIL's actions, Spyderco has been and will continue to be
irreparably injured because it no longer has complete control of its reputation and the goodwill
that has been painstakingly developed. Spyderco will be forced to correct confusion in the
marketplace resulting from EIL's counterfeiting, even after injunctive relief is granted.
60. EIL's counterfeiting is causing Spyderco damages in amounts to be proven at trial.
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X. SEVENTH CLAIM FOR RELIEF

(Common Law Civil Conspiracy)
62. EIL conspired with its employees, officers, and directors and with the individual or
entity from which it acquired the Counterfeit Knives to resale the Counterfeit Knives at a
significant profit.
63. At least two of those individuals and/or entities agreed to that course of conduct.
64. EIL and its co-conspirator actions have caused damage to Spyderco, as outlined
herein.
XI. EIGHTH CLAIM FOR RELIEF

(Design Patent Infringement)
66. EIL has infringed upon the '946 Patent by the making, offering for sale, selling,
using, and/or importing into the United States the Counterfeit Knives.
67. EIL's infringement of the '946 Patent has caused Spyderco irreparable harm.
68. EIL's infringement of the '946 Patent has caused Spyderco damage in an amount to
be proved at trial.
XII. NINTH CLAIM FOR RELIEF

(Punitive Damages, Colo Rev. Stat. § 13-21-102 )
70. Pursuant to Colorado statute, when compensatory damages are assessed by a jury,
that jury may, in addition to actual damages, award reasonable exemplary damages against a
defendant when it finds that the plaintiff's injury "is attended by circumstances of fraud, malice,
or willful and wanton conduct." When awarded, exemplary damages are intended to punish a
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wrongdoer and to set an example for others, not to compensate the victim for the harm done to
him or her.
71. EIL has here acted with malice, willfully, wantonly and fraudulently. Accordingly,
Spyderco is entitled to an award of punitive damages
XIII. PRAYER FOR RELIEF
WHEREFORE, Spyderco prays that the Court enter an Order for Judgment as follows:
A. That EIL has willfully counterfeited the FEDERAL MARKS;
B. That EIL has willfully infringed the FEDERAL MARKS and '946 Patent;
C. That EIL, and its respective agents, servants, officers, directors, employees and all
persons acting in concert with it, directly or indirectly, be permanently enjoined from
counterfeiting, infringing, inducing others to counterfeit, infringe or contribute to the
counterfeiting or infringement of the FEDERAL MARKS and the '946 Patent;
D. That EIL, and its respective agents, servants, officers, directors, employees and all
persons acting in concert with it, directly or indirectly, be ordered to deliver up to Spyderco for
destruction, or certify destruction of, all products that counterfeit and/or infringe the FEDERAL
MARKS and/or '946 Patent;
E. That EIL account for and pay to Spyderco damages adequate to compensate
Spyderco for its conduct, in an amount to be proven at trial, together with interest and costs as
fixed by the Court;
F. That EIL pay to Spyderco statutory damages to the full extent permitted by law;
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G. That Spyderco be awarded its costs and attorneys' fees in accordance with 15 U.S.C.
§ 1117(a) and Colo. Rev. Stat. § 6-1-113 and any other appropriate statute or on the Court's own
power;
H. That Spyderco be awarded pre-judgment and post-judgment interest; and
I. That the Court award such other and further preliminary and permanent relief to
Spyderco as the Court deems equitable and appropriate.
XIV. JURY DEMAND
Spyderco hereby demands a jury trial on issues so triable.
Respectfully submitted,
Dated: January 24, 2019 By: s/ Robert R. Brunelli

Robert R. Brunelli
[email protected]
Kendria E. Pearson
[email protected]
SHERIDAN ROSS P.C.
1560 Broadway, Suite 1200
Denver, CO 80202
Telephone: (303) 863-9700
Facsimile: (303) 863-0223
Email: [email protected]
ATTORNEYS FOR PLAINTIFF

SPYDERCO, INC.
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JS 44 (Rev. 06/17) District of Colorado CIVIL COVER SHEET
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I. (a) PLAINTIFFS DEFENDANTS

Spyderco, Inc., a Colorado Corporation, Extreme Instinct LLC, a Colorado Limited Liability Company
(b) County of Residence of First Listed Plaintiff Jefferson County of Residence of First Listed Defendant
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Robert R. Brunelli, Kendria E. Pearson, Sheridan Ross P.C.
1560 Broadway, Suite 1200, Denver, CO 80202
303-863-9700
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’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 890 Other Statutory Actions
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 893 Environmental Matters
Medical Malpractice Leave Act ’ 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS Act
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 899 Administrative Procedure
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes
Employment Other: ’ 462 Naturalization Application
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. 271, 15 U.S.C. 1114, 1117, 1125
VI. CAUSE OF ACTION Brief description of cause: AP Docket
Trademark infringement, patent infringement, CCPA violation, and others
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
01/24/2019 s/ Robert R. Brunelli
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
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JS 44 Reverse (Rev. 06/17)
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.
When the petition for removal is granted, check this box.
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.

Spyderco v. Extreme Instinct - Complaint

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Spyderco v. Extreme Instinct - Complaint

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Case 1:19-cv-00211-RPM Document 1 Filed 01/24/19 USDC Colorado Page 1 of 20

IN THE UNITED STATES DISTRICT COURT

Civil Action No.

Extreme Instinct LLC,

COMPLAINT WITH JURY DEMAND

Defendant Extreme Instinct LLC ("EIL"), alleging as follows:

1. Spyderco is a Colorado corporation having its principal place of business at 820

Spyderco Way, Golden, Colorado 80403.

Unit 12, Lakewood, Colorado 80214.

II. JURISDICTION AND VENUE

rights, counterfeiting and willful infringement of Spyderco's federally registered trademarks,

of business values, and commercial disparagement, in addition to punitive damages under

Colorado Statutory law.

that they form part of the same case or controversy.

5. EIL is incorporated in Colorado, has its principal place of business in Colorado,

III. GENERAL ALLEGATIONS

are its most prized business assets.

A. Spyderco's Iconic RUBICON Knife

Spyderco's website at https://www.spyderco.com/?s=rubicon, and that information is incorporated

The Rubicon's handle is built on a framework of skeletonized full titanium liners

One of these RUBICON knives, as shown on the website, is pictured below:

B. Spyderco's Relevant Federally Registered Intellectual Property

authorization, used the identical mark on visually identical knives.

visually identical knives.

used the identical mark on visually identical knives.

to below, unless otherwise stated, as the "FEDERAL MARKS."

C. EIL And Its Infringing Conduct

www.extremeinstinct.com and information about the company is there disclosed.

photo of the booth (“Stock Show Booth”) is shown below:

electronic receipt was provided:

the blade steel is CPM S30V, is shown in the below photo:

its brand and its products.

used on a good sold in interstate commerce that is identical to or substantially indistinguishable

registration is irrelevant. The AMERICAN COLLEGE DICTIONARY OF THE ENGLISH LANGUAGE

hereafter be referred to as the "Counterfeit Knives."

by approximately 500% to achieve its goal.

typically flow from sales of authentic products.

IV. FIRST CLAIM FOR RELIEF

30. EIL's infringement of Spyderco's FEDERAL MARKS is exceptional and

award of attorneys' fees and costs under 15 U.S.C. § 1117(a).

31. Spyderco is entitled to injunctive relief pursuant to 15 U.S.C. § 1116(a).

V. SECOND CLAIM FOR RELIEF

and infringing knives bearing Spyderco's FEDERAL MARKS.

as to at least the origin and quality of the Counterfeit Knives.

unauthorized commercial uses in commerce of the FEDERAL MARKS.

37. EIL’s counterfeiting and infringement of Spyderco's FEDERAL MARKS is

relief pursuant to 15 U.S.C. § 1116(a).

VI. THIRD CLAIM FOR RELIEF

identical to Spyderco's FEDERAL MARKS.

41. These acts constitute willful trademark counterfeiting in violation of 15 U.S.C.

§ 1117 (a) and (c).

44. Spyderco is also entitled to injunctive relief pursuant to 15 U.S.C. § 1116(a).

VII. FOURTH CLAIM FOR RELIEF

award of prejudgment interest.

VIII. FIFTH CLAIM FOR RELIEF

on the sale of authentic Spyderco knives.

injunctive relief is granted.

55. EIL's counterfeiting is causing Spyderco damages in amounts to be proven at trial.

IX. SIXTH CLAIM FOR RELIEF

which are under Colorado law a protectable business value of Spyderco.

60. EIL's counterfeiting is causing Spyderco damages in amounts to be proven at trial.

X. SEVENTH CLAIM FOR RELIEF

XI. EIGHTH CLAIM FOR RELIEF

XII. NINTH CLAIM FOR RELIEF