5.11 v. Wal-Mart - Taclite Pro Pants.pdf

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Michael K. Friedland (SBN 157,217) [email protected] Lauren K. Katzenellenbogen (SBN 223,370) [email protected] Ali S. Razai (SBN 246,922) [email protected] Kent N. Shum (SBN 259,189) [email protected] Knobbe, Martens Olson & Bear (SBN 285,853) [email protected] KNOBBE, MARTENS, OLSON & BEAR, LLP 2040 Main Street, Fourteenth Floor Irvine, CA 92614 Telephone: (949) 760-0404 Facsimile: (949) 760-9502 Attorneys for Plaintiff 5.11, INC.

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF CALIFORNIA

5.11, INC., a California corporation,

Plaintiff,

v.

WAL-MART STORES, INC., a Delaware corporation; and NANJING USA, INC., a Delaware corporation,

Defendants.

)))))))))))))

Case No. 3:14-cv-2952-JLS-WVG

SECOND AMENDED COMPLAINT FOR TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT, FALSE DESIGNATION OF ORIGIN, AND UNFAIR COMPETITION DEMAND FOR JURY TRIAL

Plaintiff 5.11, Inc. (5.11) hereby complains of Defendants Wal-Mart

Stores, Inc. (Wal-Mart) and Nanjing USA, Inc. (Nanjing) (collectively,

Defendants) and alleges as follows:

THE PARTIES

1. Plaintiff 5.11 is a corporation organized and existing under the laws

of the State of California, having a principal place of business at 1360 Reynolds

Ave #101, Irvine, California 92614.

Case 3:14-cv-02952-JLS-WVG Document 42 Filed 10/26/15 Page 1 of 57

- 2 - Second Amended Complaint 3:14-cv-2952-JLS-WVG

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2. 5.11 is informed and believes, and thereon alleges, that Defendant

Wal-Mart is a corporation organized and existing under the laws of the State of

Delaware, having its principal place of business at 702 SW 8th Street,

Bentonville, Arkansas 72716.

3. 5.11 is informed and believes, and thereon alleges, that Defendant

Nanjing is a corporation organized and existing under the laws of the State of

Delaware, having its principal place of business at 3925 NW 126th Avenue,

Coral Springs, Florida 33065.

4. 5.11 is informed and believes, and thereon alleges, that Defendants

regularly conduct business in, and have committed the acts alleged herein,

within this judicial district.

JURISDICTION AND VENUE

5. This Court has subject matter jurisdiction over this action pursuant

to 28 U.S.C. 1331 and 1338, as it arises under the trademark laws of the

United States. This Court also has subject matter jurisdiction over the claims in

this action that relate to trademark infringement, trade dress infringement, false

designation of origin, and federal unfair competition pursuant to sections 34(a)

and 39(a) of the Lanham Act and 15 U.S.C. 1116(a) and 1121(a), as these

claims arise under the laws of the United States. The Court has supplemental

jurisdiction over the claims in this Complaint which arise under state statutory

and common law pursuant to 28 U.S.C. 1367(a) because the state law claims

are so related to the federal claims 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 each of the Defendants

because each Defendant has a continuous, systematic, and substantial presence

within this judicial district, including by selling and offering for sale infringing

products in this judicial district and by committing acts of trademark and/or

trade dress infringement in this judicial district, including but not limited to



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selling infringing products directly to consumers and/or retailers in this district

and selling into the stream of commerce knowing such products would be sold

in California and this district. These acts of the Defendants form a substantial

part of the events or omissions giving rise to 5.11s claim.

7. Venue is proper in this judicial district under 28 U.S.C. 1391(b)

and (d).

GENERAL ALLEGATIONS

8. 5.11 has been actively engaged in the manufacture and sale of high

quality tactical clothing, uniforms, and tactical gear and focuses on creating

superior products that enhance the safety, accuracy, speed, and performance of

law enforcement, military, firefighting, and other first responder professionals.

5.11 leads the industry in innovative products that are built on a foundation of

durability, quality, and value.

9. 5.11 is the manufacturer and retailer of a variety of styles of tactical

clothing, uniforms, and tactical gear that have enjoyed substantial success and

are protected by various intellectual property rights owned by 5.11.

10. 5.11 is the owner of Trademark Registration No. 2,932,408 (5.11

Mark). The 5.11 Mark was registered with the U.S. Patent and Trademark

Office on March 15, 2005 on the Principal Register. The 5.11 Mark is

associated with the following goods: clothing, namely, pants and shorts, in

class 25. A true and correct copy of the certificate of registration of the 5.11

Mark is attached hereto as Exhibit A.

11. The 5.11 Mark has not been abandoned, canceled, or revoked.

12. The 5.11 Mark constitutes an enforceable trademark that uniquely

identifies pants and shorts as emanating from, sponsored by, and/or authorized

by 5.11.

13. As a result of the widespread use and display of the 5.11 Mark as a

distinctive trademark identifying pants and shorts, (a) the public has come to



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recognize and identify products bearing the 5.11 Mark as emanating from 5.11,

(b) the public recognizes that products bearing the 5.11 Mark constitute high

quality products that conform to the specifications created by 5.11, and (c) the

5.11 Mark has established strong secondary meaning and extensive goodwill.

14. 5.11 manufactures and sells tactical pants under the name

TACTICAL PANTS and TACLITE PRO PANTS bearing distinctive trade

dress in the overall design of the pants (TACTICAL PANTS Trade Dress).

An example of a 5.11 product bearing the distinctive TACTICAL PANTS Trade

Dress is depicted in the photographs attached as Exhibit B. As shown in Exhibit

B, the TACTICAL PANTS Trade Dress has a unique design, which includes:

the overall placement of the stitching, particularly at the front knees, front

pockets, rear slash pockets, and cargo pockets; the shape and placement of rear

slash pockets; the shape and placement of a front thigh patch pocket with flap

closure on at least one leg; the shape and placement of a large cargo pocket with

flap closure on each leg; and, the shape and placement of the gathered elastic at

the side of waistline.

15. As a result of 5.11s widespread use and display of the TACTICAL

PANTS Trade Dress in association with its pants, (a) the public has come to

recognize and identify pants bearing the TACTICAL PANTS Trade Dress as

emanating from 5.11, (b) the public recognizes that products bearing the

TACTICAL PANTS Trade Dress constitute high quality products that conform

to the specifications created by 5.11, and (c) the TACTICAL PANTS Trade

Dress has established strong secondary meaning and extensive goodwill.


TACLITE JEAN-CUT PANTS bearing distinctive trade dress in the overall

design of the pants (TACLITE JEAN-CUT PANTS Trade Dress). An

example of a 5.11 product bearing the distinctive TACLITE JEAN-CUT

PANTS Trade Dress is depicted in the photographs attached as Exhibit C. As



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shown in Exhibit C, the TACLITE JEAN-CUT PANTS Trade Dress has a

unique design, which includes: the overall placement of the stitching,

particularly at the pockets, the front knees and the back knees; the shape and

placement of front scoop pockets; the shape and placement of front thigh welt

pockets on each leg; and, the shape and placement of back yolk pockets.

17. As a result of 5.11s widespread use and display of the TACLITE

JEAN-CUT PANTS Trade Dress in association with its pants, (a) the public has

come to recognize and identify pants bearing the TACLITE JEAN-CUT

PANTS Trade Dress as emanating from 5.11, (b) the public recognizes that

products bearing the TACLITE JEAN-CUT PANTS Trade Dress constitute

high quality products that conform to the specifications created by 5.11, and

(c) the TACLITE JEAN-CUT PANTS Trade Dress has established strong

secondary meaning and extensive goodwill.


TRAVERSE PANTS bearing distinctive trade dress in the overall design of the

pants (TRAVERSE PANTS Trade Dress). An example of a 5.11 product

bearing the distinctive TRAVERSE PANTS Trade Dress is depicted in the

photographs attached as Exhibit D. As shown in Exhibit D, the TRAVERSE

PANTS Trade Dress has a unique design, which includes: the overall placement

of the stitching, particularly at the pockets, hem-to-hem gusset, the articulation

at the knees, pattern surrounding the knee, and kick plate at the hem of each leg;

the shape and placement of a hem-to-hem gusset; the shape and placement of a

kick plate at the hem of each leg; a front button overlay; the shape and

placement of rear zippered pockets; zippers on each back pocket with locking

zipper head, reverse coil zipper, and zipper garages on each end; and, the shape

and placement of a large cargo pocket with flap closure on each leg.

19. As a result of 5.11s widespread use and display of the

TRAVERSE PANTS Trade Dress in association with its pants, (a) the public



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has come to recognize and identify pants bearing the TRAVERSE PANTS

Trade Dress as emanating from 5.11, (b) the public recognizes that products

bearing the TRAVERSE PANTS Trade Dress constitute high quality products

that conform to the specifications created by 5.11, and (c) the TRAVERSE

PANTS Trade Dress has established strong secondary meaning and extensive

goodwill.

20. 5.11 manufactures and sells tactical shirts under the name

TACTICAL SHIRT bearing distinctive trade dress in the overall design of the

shirt (TACTICAL SHIRT Trade Dress). An example of a 5.11 product

bearing the distinctive TACTICAL SHIRT Trade Dress is depicted in the

photograph attached as Exhibit E.

21. As a result of 5.11s widespread use and display of the TACTICAL

SHIRT Trade Dress in association with its shirts, (a) the public has come to

recognize and identify shirts bearing the TACTICAL SHIRT Trade Dress as

emanating from 5.11, (b) the public recognizes that products bearing the

TACTICAL SHIRT Trade Dress constitute high quality products that conform

to the specifications created by 5.11, and (c) the TACTICAL SHIRT Trade

Dress has established strong secondary meaning and extensive goodwill.

22. 5.11 manufactures and sells tactical bags under the name RUSH

DELIVERY bearing distinctive trade dress in the overall design of the bag

(RUSH DELIVERY Trade Dress). An example of a 5.11 product bearing the

distinctive RUSH DELIVERY Trade Dress is depicted in the photographs

attached as Exhibit F.

23. As a result of 5.11s widespread use and display of the RUSH

DELIVERY Trade Dress in association with its bags, (a) the public has come to

recognize and identify bags bearing the RUSH DELIVERY Trade Dress as

emanating from 5.11, (b) the public recognizes that products bearing the RUSH

DELIVERY Trade Dress constitute high quality products that conform to the



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specifications created by 5.11, and (c) the RUSH DELIVERY Trade Dress has

established strong secondary meaning and extensive goodwill.

24. 5.11 manufactures and sells tactical bags under the name RANGE

READY BAG bearing distinctive trade dress in the overall design of the bag

(RANGE READY BAG Trade Dress). An example of a 5.11 product bearing

the distinctive RANGE READY BAG Trade Dress is depicted in the

photographs attached as Exhibit G.

25. As a result of 5.11s widespread use and display of the RANGE

READY BAG Trade Dress in association with its bags, (a) the public has come

to recognize and identify bags bearing the RANGE READY BAG Trade Dress

as emanating from 5.11, (b) the public recognizes that products bearing the

RANGE READY BAG Trade Dress constitute high quality products that

conform to the specifications created by 5.11, and (c) the RANGE READY

BAG Trade Dress has established strong secondary meaning and extensive

goodwill.

26. 5.11 manufactures and sells tactical backpacks under the name

RUSH 24 BACKPACK bearing distinctive trade dress in the overall design of

the backpack (RUSH 24 BACKPACK Trade Dress). An example of a 5.11

product bearing the distinctive RUSH 24 BACKPACK Trade Dress is depicted

in the photographs attached as Exhibit H.

27. As a result of 5.11s widespread use and display of the RUSH 24

BACKPACK Trade Dress in association with its backpacks, (a) the public has

come to recognize and identify backpacks bearing the RUSH 24 BACKPACK


bearing the RUSH 24 BACKPACK Trade Dress constitute high quality

products that conform to the specifications created by 5.11, and (c) the RUSH

24 BACKPACK Trade Dress has established strong secondary meaning and

extensive goodwill.



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28. 5.11 manufactures and sells tactical gloves under the name

STATION GRIP GLOVES bearing distinctive trade dress in the overall design

of the gloves (STATION GRIP GLOVES Trade Dress). An example of a

5.11 product bearing the distinctive STATION GRIP GLOVES Trade Dress is

depicted in the photograph attached as Exhibit I.

29. As a result of 5.11s widespread use and display of the STATION

GRIP GLOVES Trade Dress in association with its gloves, (a) the public has

come to recognize and identify gloves bearing the STATION GRIP GLOVES


bearing the STATION GRIP GLOVES Trade Dress constitute high quality

products that conform to the specifications created by 5.11, and (c) the

STATION GRIP GLOVES Trade Dress has established strong secondary

meaning and extensive goodwill.


have deliberately copied 5.11s intellectual property rights, including the 5.11

Mark, TACTICAL PANTS Trade Dress, TACLITE JEAN-CUT PANTS Trade

Dress, and TRAVERSE PANTS Trade Dress (collectively, the 5.11 Trade

Dress).

31. 5.11 is informed and believes, and thereon alleges, that Nanjing

imports and sells clothing, including pants that infringe 5.11s intellectual

property rights, including the 5.11 Mark and the 5.11 Trade Dress.

32. In or around July 2013, Wal-Marts representatives approached

5.11 representatives at the Outdoor Retailer tradeshow about 5.11 potentially

supplying Wal-Mart with tactical products. In or around October 2013,

representatives from 5.11 visited Wal-Marts headquarters in Bentonville,

Arkansas to further discuss the opportunity. In or around November 2013, 5.11

decided not to pursue a partnership with Wal-Mart.

/ / /



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33. 5.11 is informed and believes, and thereon alleges, that SOG

Specialty Knives and Tools, LLC (SOG) entered into separate license

agreements with three separate licensees, including Nanjing (Licensees)

whereby each of the Licensees would use SOGs trademarks and other

intellectual property in connection with the design, manufacture, importation,

and sale of products, including bags, shirts and the Defendants SOG Mens

Ripstop Cargo Pant, SOG Mens Ripstop 5 Pocket Pant, and SOG Mens 4 Way

Stretch Double Knee Cargo Pant.

34. 5.11 is informed and believes, and thereon alleges, that the three

Licensees replicated at least a portion of 5.11s product line for sale at Wal-

Mart, including products that used and copied the 5.11 Mark, TACTICAL

PANTS Trade Dress, TACLITE JEAN-CUT PANTS Trade Dress, TRAVERSE

PANTS Trade Dress, TACTICAL SHIRT Trade Dress, RUSH DELIVERY

Trade Dress, RANGE READY BAG Trade Dress, RUSH 24 BACKPACK

Trade Dress, and STATION GRIP GLOVES Trade Dress. The SOG-branded

products included several different types of tactical gear: three pants models,

one shirt model, two bag models, one backpack model, and one gloves model.

These products were separately designed, manufactured, imported, and sold by

the three Licensees, with each company responsible for different types of

products, bearing SOGs trademark.

35. 5.11 is informed and believes, and thereon alleges, that each of

these SOG-branded products were introduced to the market and sold to Wal-

Mart at or around the same time.

36. 5.11 has since resolved its dispute with SOG and each of the

Licensees except Nanjing and has also resolved its dispute with Wal-Mart as to

5.11s allegations of infringement of the TACTICAL SHIRT Trade Dress,

RUSH DELIVERY Trade Dress, RANGE READY BAG Trade Dress, RUSH

24 BACKPACK Trade Dress, and STATION GRIP GLOVES Trade Dress.



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intended to copy the 5.11 Mark and the 5.11 Trade Dress.

FIRST CLAIM FOR RELIEF

(Federal Trademark Infringement) (15 U.S.C. 1114)

38. 5.11 repeats and re-alleges the allegations of paragraphs 137 of

this Complaint as if set forth fully herein.

39. This is a claim for trademark infringement arising under 15 U.S.C.

1114.


sell, offer to sell, distribute, and/or advertise products in connection with the

5.11 Mark or marks confusingly similar thereto without 5.11s consent.

41. 5.11 is informed and believes, and thereon alleges, that long after

5.11s adoption and use of the 5.11 Mark and after the federal registration of the

5.11 Mark, Defendants used the 5.11 Mark or marks confusingly similar thereto

without 5.11s consent in a manner that infringes 5.11s rights in the 5.11 Mark

in violation of 15 U.S.C. 1114. For example, the SOG Mens Ripstop Cargo

Pant uses a mark that is confusingly similar to the 5.11 Mark.

42. Without 5.11s consent, Defendants use in commerce marks that

are confusingly similar to the 5.11 Mark in connection with the sale, offering for

sale, distribution, or advertising of goods in a manner that is likely to cause

confusion, or to cause mistake, or to deceive.


did so with the intent to unfairly compete with 5.11, to trade upon 5.11s

reputation and goodwill by causing confusion and mistake among customers

and the public, and to deceive the public into believing that their products are

associated with, sponsored by, originate from, or are approved by 5.11, when

they are not.



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44. Defendants activities constitute willful and intentional

infringement of the 5.11 Mark in total disregard of 5.11s proprietary rights, and

were done despite their knowledge that the use of the 5.11 Mark was and is in

direct contravention of 5.11s rights.


have derived and received, and will continue to derive and receive, gains,

profits, and advantages from the use of the 5.11 Mark in an amount that is not

presently known to 5.11. By reason of Defendants actions, constituting

unauthorized use of the 5.11 Mark, 5.11 has been damaged and is entitled to

monetary relief in an amount to be determined at trial.

46. Due to Defendants actions, constituting unauthorized use of the

5.11 Mark, 5.11 has suffered and continues to suffer great and irreparable

injury, for which 5.11 has no adequate remedy at law.

SECOND CLAIM FOR RELIEF

(Federal Trade Dress Infringement) (15 U.S.C. 1125(a))



48. This is a claim for trade dress infringement under 15 U.S.C.

1125(a).

49. Subsequent to 5.11s use and adoption of the TACTICAL PANTS

Trade Dress, Defendants have sold, offered for sale, distributed, advertised,

promoted, and/or imported into the United States products that use trade dress

that is confusingly similar to the TACTICAL PANTS Trade Dress. For

example, the SOG Mens Ripstop Cargo Pant uses trade dress that is

confusingly similar to 5.11s TACTICAL PANTS Trade Dress.

50. Subsequent to 5.11s use and adoption of the TACLITE JEAN-

CUT PANTS Trade Dress, Defendants have sold, offered for sale, distributed,



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advertised, promoted, and/or imported into the United States products that use

trade dress that is confusingly similar to the TACLITE JEAN-CUT PANTS

Trade Dress. For example, the SOG Mens Ripstop 5 Pocket Pant uses trade

dress that is confusingly similar to 5.11s TACLITE JEAN-CUT PANTS Trade

Dress.

51. Subsequent to 5.11s use and adoption of the TRAVERSE PANTS

Trade Dress, Defendants have sold, offered for sale, distributed, advertised,

promoted, and/or imported into the United States products that use trade dress

that is confusingly similar to the TRAVERSE PANTS Trade Dress. For

example, the SOG Mens 4 Way Stretch Double Knee Cargo Pant uses trade

dress that is confusingly similar to 5.11s TRAVERSE PANTS Trade Dress.

52. Defendants use of the 5.11 Trade Dress, and/or trade dress

confusingly similar thereto in connection with the sale, offer for sale,

distribution, advertising, promotion, and/or importation into the United States of

their accused products is each likely to cause confusion, to cause mistake, or to

deceive as to the affiliation, connection, or association of Defendants with 5.11.

53. 5.11 is informed and believes, and thereon alleges, that

Defendants acts of trade dress infringement were undertaken willfully with the

express intent to cause confusion, and to mislead and deceive the purchasing

public.



profits, and advantages from Defendants trade dress infringement in an amount

that is not presently known to 5.11. By reason of Defendants actions,

constituting trade dress infringement, 5.11 has been damaged and is entitled to

monetary relief in an amount to be determined at trial.

/ / /

/ / /



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55. Due to Defendants actions, which constitute trade dress

infringement, 5.11 has suffered and continues to suffer great and irreparable

injury, for which 5.11 has no adequate remedy at law.

56. Pursuant to 15 U.S.C. 1117, 5.11 is entitled to damages for

Defendants infringing acts, up to three times actual damages as fixed by this

Court, and its reasonable attorneys fees for the necessity of bringing this claim.

THIRD CLAIM FOR RELIEF

(Federal Unfair Competition & False Designation of Origin) (15 U.S.C. 1125(a))



58. This is a claim for unfair competition and false designation of

origin arising under 15 U.S.C. 1125(a).

59. Defendants use of the 5.11 Mark, the 5.11 Trade Dress, and/or

marks or trade dress confusingly similar thereto in connection with the sale,

offer for sale, distribution, advertising, promotion, and/or importation into the

United States of their accused products without 5.11s consent each constitutes a

false designation of origin, which is likely to cause confusion, to cause mistake,

or to deceive as to the affiliation, connection, or association of Defendants with

5.11, or as to the origin, sponsorship, or approval of Defendants goods and/or

commercial activities by 5.11 in violation of 15 U.S.C. 1125(a) and constitutes

unfair competition with 5.11.

60. Defendants conduct is likely to confuse, mislead, and deceive

Defendants customers, purchasers, and members of the public as to the origin

of each of the 5.11 Mark and the 5.11 Trade Dress or cause said persons to

believe that Defendants and/or their products have been sponsored, approved,

authorized, or licensed by 5.11 or are in some way affiliated or connected with

/ / /



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5.11, all in violation of 15 U.S.C. 1125(a), and constitutes unfair competition

with 5.11.

61. 5.11 is informed and believes, and thereon alleges, that

Defendants actions were undertaken willfully with full knowledge of the falsity

of such designation of origin and false descriptions or representations.



profits, and advantages from Defendants unfair competition and false

designation of origin in an amount that is not presently known to 5.11. By

reason of Defendants actions, constituting unfair competition and false

designation of origin, 5.11 has been damaged and is entitled to monetary relief

in an amount to be determined at trial.

63. Due to Defendants actions, which constitute unfair competition

and false designation of origin, 5.11 has suffered and continues to suffer great

and irreparable injury, for which 5.11 has no adequate remedy at law.

64. Pursuant to 15 U.S.C. 1117, 5.11 is entitled to damages for

Defendants acts constituting unfair competition and false designation of origin,

up to three times actual damages as fixed by this Court, and its reasonable

attorneys fees for the necessity of bringing this claim.

FOURTH CLAIM FOR RELIEF

(California Unfair Competition)



66. This is a claim for unfair competition, arising under California

Business & Professions Code 17200, et seq., and California common law.

67. Defendants acts of trademark infringement, trade dress

infringement, and false designation of origin complained of herein constitute

unfair competition with 5.11 under the common law and statutory laws of the



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State of California, particularly California Business & Professions Code

17200, et seq.



profits, and advantages from Defendants unfair competition in an amount that

is not presently known to 5.11. By reason of Defendants wrongful acts as

alleged in this Complaint, 5.11 has been damaged and is entitled to monetary

relief in an amount to be determined at trial.

69. By its actions, Defendants have injured and violated the rights of

5.11 and have irreparably injured 5.11, and such irreparable injury will continue

unless Defendants are enjoined by this Court.

WHEREFORE, 5.11 prays for judgment in its favor against Defendants

for the following relief:

A. That the Court find for 5.11 and against Defendants on 5.11s

claims of trademark infringement, trade dress infringement, false designation of

origin, and unfair competition complained of in this Complaint;

B. That Defendants acts of trademark infringement, trade dress

infringement, false designation of origin, and unfair competition complained of

in this Complaint be deemed willful, that this be deemed an exceptional case,

and that 5.11 be entitled to enhanced damages;

C. A preliminary and permanent injunction against Defendants and

their respective officers, agents, servants, employees, representatives,

successors, and assigns, and all persons, firms, or corporations in active concert

or participation with Defendants, enjoining them from engaging in the following

activities and from assisting or inducing, directly or indirectly, others to engage

in the following activities:

/ / /

/ / /



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1. using the 5.11 Mark, or any other mark, symbol, or design that

is confusingly similar to the 5.11 Mark on or in connection with

any goods, including but not limited to, pants and shorts;

2. using the 5.11 Trade Dress or any other trade dress that is

confusingly similar to the 5.11 Trade Dress; and,

3. manufacturing, using, displaying, distributing, or selling any

goods that infringe the 5.11 Mark or any of the 5.11 Trade

Dress;

D. A preliminary and permanent injunction against Defendants, their

officers, agents, servants, employees, representatives, successors, and assigns,

and all persons, firms, or corporations in active concert or participation with

Defendants, enjoining them from engaging in the following activities and from

assisting or inducing, directly or indirectly, others to engage in the following

activities:

1. falsely designating the origin of Defendants goods;

2. unfairly competing with 5.11 in any manner whatsoever;

3. making false or misleading statements, descriptions of fact, or

false or misleading representations of fact; and,

4. causing a likelihood of confusion or injuries to 5.11s business

reputation;

E. That an accounting be ordered to determine Defendants profits

resulting from their trademark infringement, trade dress infringement, false

designation of origin, and unfair competition and that 5.11 be awarded monetary

relief in an amount to be fixed by the Court in its discretion as it finds just as an

equitable remedy and as a remedy under 15 U.S.C. 1117, including:

/ / /

/ / /

/ / /



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1. all profits received by Defendants from sales and revenues of

any kind made as a result of their trademark infringement, trade

dress infringement, false designation of origin, and/or unfair

competition, said amount to be trebled; and,

2. all damages sustained by 5.11 as a result of Defendants acts of

trademark infringement, trade dress infringement, false

designation of origin, and unfair competition, and that such

damages be trebled;

F. That, because of the exceptional nature of this case resulting from

Defendants deliberate infringing actions, this Court award to 5.11 all

reasonable attorneys fees, costs, and disbursements incurred as a result of this

action, pursuant to 15 U.S.C. 1117;

G. That Defendants be adjudged to have competed unfairly with 5.11

under the common law of the State of California, and that Defendants actions

in doing so be adjudged willful and malicious;

H. For an Order adjudging Defendants to have competed unfairly with

5.11 under California Business & Professions Code 17200, et seq., and that

Defendants actions in doing so be adjudged intentional, willful, and done

knowingly;

I. For a permanent injunction enjoining Defendants, its officers,

agents, servants, employees, and attorneys, and those persons in active concert

or participation with them, from engaging in any act or practice which

constitutes unfair competition against 5.11;

J. For an award to 5.11 of any and all other specific, general, and

compensatory damages according to proof;

K. For an order that the actions of Defendants were willful,

intentional, and/or malicious and awarding 5.11 punitive damages;



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L. An award of pre-judgment and post-judgment interest against

Defendants; and

M. Such other and further relief as this Court may deem just.

Respectfully submitted, KNOBBE, MARTENS, OLSON & BEAR, LLP

Dated: October 26, 2015 By: /s/ Ali S. Razai Michael K. Friedland Ali S. Razai Lauren K. Katzenellenbogen Kent N. Shum Samantha Y. Hsu Attorneys for Plaintiff 5.11, INC.



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DEMAND FOR JURY TRIAL

Plaintiff 5.11, Inc. hereby demands a trial by jury on all issues so triable.

Respectfully submitted, KNOBBE, MARTENS, OLSON & BEAR, LLP

Dated: October 26, 2015 By: /s/ Ali S. Razai Michael K. Friedland Ali S. Razai Lauren K. Katzenellenbogen Kent N. Shum Samantha Y. Hsu Attorneys for Plaintiff 5.11, INC.

21879480


EXHIBIT A


EXHIBIT APAGE 1


EXHIBIT B


EXHIBIT B TACTICAL PANTS Trade Dress

EXHIBIT BPAGE 2


EXHIBIT BPAGE 3


EXHIBIT BPAGE 4


EXHIBIT BPAGE 5


EXHIBIT BPAGE 6

Front Knee


EXHIBIT BPAGE 7


EXHIBIT C


EXHIBIT C TACLITE JEAN-CUT PANTS Trade Dress

EXHIBIT CPAGE 8


EXHIBIT CPAGE 9


EXHIBIT CPAGE 10


EXHIBIT CPAGE 11


EXHIBIT CPAGE 12

Back Knee


EXHIBIT CPAGE 13

Front Knee


EXHIBIT D


EXHIBIT D TRAVERSE PANTS Trade Dress

EXHIBIT DPAGE 14


EXHIBIT DPAGE 15


EXHIBIT DPAGE 16

Front Knee


EXHIBIT DPAGE 17


EXHIBIT DPAGE 18

Hem


EXHIBIT DPAGE 19


EXHIBIT E


EXHIBIT E TACTICAL SHIRT Trade Dress

EXHIBIT EPAGE 20


EXHIBIT F


EXHIBIT F RUSH DELIVERY Trade Dress

EXHIBIT FPAGE 21


EXHIBIT FPAGE 22


EXHIBIT FPAGE 23


EXHIBIT G


EXHIBIT G RANGE READY BAG Trade Dress

EXHIBIT GPAGE 24


EXHIBIT GPAGE 25


EXHIBIT GPAGE 26


EXHIBIT H


EXHIBIT H RUSH 24 BACKPACK Trade Dress

EXHIBIT HPAGE 27


EXHIBIT HPAGE 28


EXHIBIT I


EXHIBIT I STATION GRIP GLOVES Trade Dress

EXHIBIT IPAGE 29


Ex. AEx. BEx. CEx. DEx. EEx. FEx. GEx. HEx. I

Date post:	06-Mar-2016
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5.11 v. Wal-Mart - Taclite Pro Pants.pdf

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