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UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA


MILLER MANUFACTURING
COMPANY,
Plaintiff,

v.

FARM INNOVATORS, INC.,

Defendant.

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Court File No.



COMPLAINT

(J ury Trial Demanded)

NATURE OF THE CASE
This is a case for design patent infringement under the United States Patent Act and for
violations of the United States Lanham Act. Millers claims arise from Farm Innovators, Inc.s
infringing, deceptive and unlawful conduct in the launch of a knockoff product as depicted in
Exhibits A and C.
THE PARTIES
1. Plaintiff Miller Manufacturing Company (Miller) is a Minnesota corporation
having its principal place of business at 2910 Waters Road, Suite 150, Eagan, MN 55121. Miller
is a manufacturer and international distributor of farm, ranch and pet products. Its products are
sold through distributors that serve retailers of farm and ranch products in the USA, Canada and
over 35 countries around the world.
2. Defendant Farm Innovators, Inc. is an Indiana corporation, having its principal
place of business at 2255 Walter Glaub Drive, P.O. Box 546, Plymouth, Indiana 46563. Farm
Innovators is a direct competitor in the farm, ranch and pet product industry.
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JURISDICTION AND VENUE
3. This Court has original jurisdiction over the Patent Act and Lanham Act claims
pursuant to 15 U.S.C. 1121(a), 28 U.S.C. 1331 and 1338(a) and pendent and supplemental
jurisdiction over the state law claims under 28 U.S.C. 1338(b) and 1367 in that such claims
are joined with substantial and related claims under the Trademark Laws of the United States, 15
U.S.C. 1050 et seq.
4. Venue is proper in this district under 28 U.S.C. 1391. Farm Innovators has
marketed its product, and solicited clients throughout the United States, including the District of
Minnesota. For example, Farm Innovators attended a Mid-States Distributing Company Farm
Show on August 24 - 26, 2014 at the Minneapolis Convention Center, located at 1301 Second
Avenue South, Minneapolis, MN 55403 for the purpose of advertising and selling its knockoff
products.
FACTS
5. For well over 70 years, Miller Manufacturing has been the leading designer,
manufacturer, and marketer of supplies and equipment for farm use.
6. Miller is the owner by assignment of United States Design Patent No, D707,823,
as issued on J une 24, 2014 (the 823 Patent).
7. Miller makes and sells an Incubator with Forced Air Fan Kit, through a network
of distributors to distribute their products throughout the United States. A true and correct
depiction of the Miller Incubator is shown in the attached Exhibit B.
8. The Farm Innovators confusingly similar, knockoff product came to light in
August 2014, when Millers representatives heard about the Farm Innovator knockoff through
industry contacts.
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9. The discovery of the Farm Innovators knockoff was confirmed when Millers
representatives attended the Mid-States Distributing Company Farm Show on August 24-26,
2014. The knockoff product appears in the attached Exhibits A and C, pictures taken at the
Show.
10. By making, using, offering for sale and/or selling the knockoff product, Farm
Innovators has infringed and continues to infringe the 823 Patent.
CLAIM I
INFRINGEMENT OF 823 PATENT 35 U.S.C. 281 and 35 U.S.C. 271
11. Miller repeats the allegations of paragraphs 1-10 of this Complaint.
12. Farm Innovators has infringed and continues to infringe the 823 Patent.
CLAIM II
FEDERAL TRADE DRESS INFRINGEMENT 15 U.S.C. 1125
13. Miller repeats the allegations of paragraphs 112 of this Complaint.
14. Farm Innovators owns rights to the trade dress associated with its Incubator.
15. Farm Innovators use of Millers trade dress has caused and is likely to continue
to cause confusion among the relevant public as to source, sponsorship, origin or affiliation.
16. Farm Innovators use of Millers trade dress constitutes infringement of Millers
rights in violation of 15 U.S.C. 1125.
17. Unless enjoined by this Court, Farm Innovators infringing conduct will continue
to cause irreparable injury and other damage to Millers business, reputation and goodwill.
Miller has no adequate remedy at law.
18. Pursuant to 15 U.S.C. 1117, Plaintiff is entitled to recover its damages, including
lost profits, Millers profits, and the costs of this action. This intentional nature of farm
Innovators unlawful acts render this case exceptional, entitling Miller to an award of
attorneys fees under 15 U.S.C. 1117(a).
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CLAIM III
COMMON LAW UNFAIR COMPETITION
19. Miller repeats the allegations of paragraphs 1-18 of this Complaint.
20. Farm Innovators conduct constitutes unfair competition in violation of Millers
rights.
21. Farm Innovators acts were taken in willful, deliberate and/or intentional
disregard of Millers rights.
22. As a direct and proximate result of this unfair competition, Miller has suffered
and will continue to suffer irreparable harm if Farm Innovators is not enjoined.
JURY DEMAND
Plaintiff respectfully requests a jury trial for this matter.
PRAYER FOR RELIEF
WHEREFORE, the Plaintiff prays that the Court enter an order:
A. Preliminarily and permanently enjoining and restraining Farm Innovators, its
directors, members, officers, agents, servants, employees, subsidiaries, affiliates, and all persons
in active concert or participation with, through, or under it, at first during the pendency of this
action and thereafter perpetually from committing any acts of design patent infringement,
trademark infringement, unfair competition, deceptive and unlawful trade practices;
B. Ordering seizure of the Farm Innovators knockoff product as depicted in Exhibits
A and C;
C. Making an award of all damages and items recoverable under any applicable
provision of law, including but not limited to, 15 U.S.C. 1117, 35 U.S.C. 284, 285 and/or 35
U.S.C. 289 which shall include (1) Farm Innovators profits based on the aforementioned
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unlawful conduct and diverted sales; (2) Millers damages; (3) the costs of this action; and (4)
Millers attorneys fees.
D. Awarding Miller such other relief as the Court may deem just and proper.


Dated: September 2, 2014

By: s/ Kristine M. Boylan
Kristine M. Boylan (Bar No. 284634)
Gerald E. Helget (Bar No. 155184)
Michael M. Sawers (Bar No. 392437)
Attorneys for Plaintiff Miller Manufacturing
Company
Briggs And Morgan, P.A.
2200 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402-2157
Telephone: (612) 977-8878
Facsimile: (612) 977-8650
kboylan@briggs.com
ghelget@briggs.com
msawers@briggs.com

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J S 44 (Rev. 12/12)
CIVIL COVER SHEET

The J S 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

Miller Manufacturing Company


FarmInnovators, Inc.


(b) County of Residence of First Listed Plaintiff Dakota County of Residence of First Listed Defendant Marshall
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number)
Attorneys (If Known)
Kristine M. Boylan
BRIGGS AND MORGNA, P.A.
80 South 8
th
Street, Suite 2200
Minneapolis, MN 55402
(612) 977-8400





II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6
Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionment
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust
140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce
& Enforcement of J udgment Slander Personal Injury 820 Copyrights 460 Deportation
151 Medicare Act 330 Federal Employers Product Liability 830 Patent 470 Racketeer Influenced and
152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations
Student Loans 340 Marine Injury Product 480 Consumer Credit
(Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV
153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commodities/
of Veterans Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange
160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 890 Other Statutory Actions
190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI 891 Agricultural Acts
195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 893 Environmental Matters
196 Franchise Injury 385 Property Damage 751 Family and Medical 895 Freedomof Information
362 Personal Injury - Product Liability Leave Act Act
Medical Malpractice 790 Other Labor Litigation 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS 899 Administrative Procedure
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff Act/Review or Appeal of
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) Agency Decision
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party 950 Constitutionality of
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 State Statutes
245 Tort Product Liability Accommodations 530 General
290 All Other Real Property 445 Amer. w/Disabilities

535 Death Penalty IMMIGRATION
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)
Transferred from
Another District
(specify)


1 Original
Proceeding
2 Removed from
State Court
3 Remanded from
Appellate Court
4 Reinstated or
Reopened
5 6 Multidistrict
Litigation


VI. CAUSE OF
ACTION
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Patent Infringement under 35 U.S.C. 281 and 35 U.S.C. 271, 15 U.S.C. 1125, LanhamAct
Brief description of cause:
Defendant is infringing Plaintiff's U.S. Design Patent No. D707,823 and related trade dress
VII. REQUESTED IN
COMPLAINT:
CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
DEMAND $ N/A CHECK YES only if demanded in complaint:
JURY DEMAND: Yes No
VIII. RELATED CASE(S)
IF ANY

(See instructions):
J UDGE DOCKET NUMBER


DATE SIGNATURE OF ATTORNEY OF RECORD
09/02/2014 s/ Kristine M. Boylan
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP J UDGE MAG. J UDGE

J S 44 Reverse (Rev. 12/12)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

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