ID7D v. Menards - Complaint

Case 3:15-cv-01159 Document 1 Filed 07/30/15 Page 1 of 13
Anthony H. Handal, CT State Bar No. ct03837

HANDAL & MOROFSKY LLC
501 Kings Highway East
Fairfield, CT 06825
Telephone (917) 880-0811
handal@handalglobal.com
Attorneys for Plaintiff ID7D Co., Ltd.
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF CONNECTICUT
ID7D CO., LTD.,
Case No.
Plaintiff,
vs.
COMPLAINT FOR PATENT AND

TRADE DRESS INFRINGEMENT
MENARD, INC. AND SHINERICH

INTERNATIONAL, INC.,
DEMAND FOR JURY TRIAL
Defendant
Plaintiff, ID7D, CO., LTD., by and through its attorneys, states the following
as its complaint against Shinerich International, Inc.:
The Parties
1. Plaintiff is a corporation incorporated under the laws of Taiwan, and is in the
business of selling a variety of products, including certain propane powered barbecue grills.
Plaintiff is the owner of U.S. Design Patent No. D573,399 S entitled Barbecue Grill, which
issued on July 22, 2008, and is directed to the ornamental design of a barbecue grill.
2. Upon information and belief, Defendant MENARD, INC. is a corporation

organized and existing under the laws of the State of Wisconsin and having a
principal place of business at 5101 Menard Drive, Eau Claire, Wisconsin 54703.
Defendant is a well-known home improvement retailer with 280 locations
throughout the Mid-West United States. Defendant manufactures, imports,
distributes and/or sells a tabletop gas grill, under Model No. SRGG806, which is a
portable grill infringing plaintiffs patent rights.
3. Upon information and belief, Defendant SHINERICH INTERNATIONAL,
INC. is a corporation organized and existing under the laws of the State of Georgia
and having a principal place of business at 502 Business Center Drive, Birmingham,
Alabama 35244. Defendant specializes in designing, developing and manufacturing
consumer gas appliances specifically outdoor heating, cooking, and indoor heating
products. Defendant manufactures, imports, distributes and/or sells a tabletop gas
grill, under Model No. SRGG806, which is a portable grill infringing plaintiffs
patent rights.
Jurisdiction
3. This is an action for patent infringement. Jurisdiction is founded on the
existence of a federal question arising under the Acts of Congress relating to Patents,
35 U.S.C. 271; 281-285. This court has jurisdiction under 28 U.S.C. 1331 and
1338(a).
4. Jurisdiction is also based on diversity of citizenship, 28 U.S.C. 1332 and

1338(a), as the defendants are citizens of the United States and plaintiff is a citizen of
Taiwan.
5. This is also an action for federal unfair competition. The Court has
jurisdiction of the federal unfair competition claims, arising under Section 43(a) of
the Trademark Act of 1946, under 15 U.S.C. 1121 and 1125(a), and the Judicial Code,
28 U.S.C. 1331, 1332 and 1338 in that this case arises under the trademark laws of the
United States, 15 U.S.C. 1051 et seq., as hereinafter more fully appears.
6. This is also an action for trade dress infringement. The Court has
jurisdiction of the federal trade dress claims under Sections 43(a) of the Trademark
Act of 1946, 15 U.S.C. 1121 and 1125(a), and the Judicial Code, 28 U.S.C. 1331(a), any
of the Lanham act 1332 and 1338 (a) in that this case arises under the trademark laws
of the United States, 15 U.S.C. 1051 et seq., as hereinafter more fully appears.
7. This court has jurisdiction over related common law and state law claims
asserted herein under the doctrine of pendent jurisdiction, insofar as such claims are
between the same parties and related to other claims properly before the Court.
8. Venue is based on 28 U.S.C. 1391(b) 1400 (a) and (b), as the defendant,
upon information and belief, does business in this district and, upon information
and belief, acts of infringement have been committed in this District.
COUNT ONE
Patent Infringement
9. As a cause of action and ground for relief, Plaintiff alleges and incorporates
by reference paragraphs 1 through 8 of this complaint as a part of this Count.
10. Plaintiff is the Patentee and the owner of all rights under the United States
Patent No. D573, 399 S entitled Barbecue Grill (the Patent), including the right
to bring action against infringers of the Patent.
11. On July 22, 2008, the Patent was duly and legally issued. A copy of the
Patent is attached as Exhibit A.
12. Defendant Shinerich has manufactured, used, sold, and/or offered for
sale products in the United States that infringe the Patent. See Exhibit B, the
Instruction Manual for Tabletop Gas Grill Model No. SRGG806 identifying
Defendant Shinerich by its customer service e-mail,
customerservice@shinerichgroup.com, which infringes the Patent ("Products").
Further, Defendant Shinerich is the owner of U.S. Trademark Registration
Number 3,932,452, for MASTER COOK registered on March 15, 2011, covering the
following goods: barbecue grills.see Exhibit C.
13. Defendant Menard has manufactured, used, sold, and/or offered for sale
products in the United States that infringe the Patent through Defendant Menards
website offering for sale Defendants Tabletop Grill Model No. SRGG806. See
Exhibit D.
14. Upon information and belief, Defendant Shinerich manufactures the
infringing tabletop grill, which it sells in the United States through Defendant
Menard.
13. Plaintiff has never authorized Defendants at any time to make, use or sell
any products covered by the Patent.
14. Plaintiff has been damaged by the Defendants infringement of the Patent,
including, without limitation, lost profits, and/or royalty income, and/or damages
on account of convoyed sales, and the Defendants have been unjustly enriched by
such infringement, on account of profits and/or conveyed sales. Plaintiff has also
suffered irreparable harm by Defendants infringement of the Patent and will
continue to suffer irreparable harm in the future, unless the Defendants are
preliminarily and permanently enjoined from infringing the Patent.
15. Upon information and belief, Defendants have had actual knowledge of the
Patent, and its infringement of the Patent has been, and continues to be, willful,
wanton, malicious and deliberate. The circumstances of such infringement warrant
finding the above-complained of infringement to be an exceptional one.
COUNT TWO
Federal Unfair Competition
16. As a cause of action and ground for relief, Plaintiff alleges and
incorporates by reference paragraphs 1 through 15 of this complaint as a part of this
Count.
17. Plaintiff, long prior to the acts complained of herein, has been and is now
engaged in interstate commerce and/or the foreign commerce of the United States
by virtue of the ongoing sales of products, including the above barbecue grill as
illustrated in Exhibit E (herein after Infringed Product). Defendants copycat
product is illustrated beside plaintiff's patented barbecue grill as shown in Exhibit F.
Such product of the defendants is the subject of this litigation.
18. Plaintiffs Infringed Product has been sold for great numbers of years and
continues to be extensively sold.
19. The sculptural and graphic design of Plaintiffs Infringed Products
(hereinafter Trade Dress), namely their sculptural configuration and/or other
non-functional design features, is a protectable trade dress under 43(a) of the
Lanham Act, which has been infringed by Defendant (See Exhibit F, photograph of
Defendants Infringing Products beside the original products of plaintiff) and
continues to be infringed on account of Defendants sale in commerce of piratical
copies of Plaintiffs barbecue grill. Plaintiff derives substantial benefits from selling
products bearing Plaintiffs exclusive Trade Dress.
20. Plaintiffs barbecue grill include the following elements: a shiny exterior
comprised of a rounded trapezoidal shaped lid on top, with a plastic handle and a
rounded trapezoidal base pan at the bottom. The entire grilling unit is secured on
top of four wire chrome legs with curved feet. The lid also has three cartoucheshaped) openings/cutouts in series on its left and the right sides and four additional
cutouts on the back arranged in parallel with two cutouts in each row. The base pan
also has similar cutouts with two such openings on the left and also on the right
side. The lid also has a sheet metal plate attached in the back imprinted on which,
are technical information regarding the burner and its proper use. Plaintiff has used
and continues to use its distinctive Trade Dress and, by virtue of widespread sales,
the Trade Dress has come to indicate origin with Plaintiff. Plaintiff, by virtue of said
use of the Trade Dress on its goods, and through Plaintiffs business, has obtained a
reputation of the highest quality. Such reputation has given Plaintiff and its
barbecue grill and other products a pre-eminent position in the marketplace.
21. Defendants barbecue grills are of inferior quality but include the
following copied elements: a shiny exterior comprised of a rounded trapezoidal
shaped lid on top, with a plastic handle and a rounded trapezoidal base pan at the
bottom. The entire grilling unit is secured on top of four wire chrome legs with
curved feet. The lid also has three cartouche-shaped openings/cutouts in series on
its left and the right sides and four additional cutouts on the back arranged in
parallel with two cutouts in each row. The base pan also has similar cutouts with
two such openings on the left and also on the right side. The lid also has a sheet
metal plate attached in the back imprinted on which, are technical information
regarding the burner and its proper use.
22. The design of Plaintiffs product itself, namely its configuration, is a
protectable trade dress under 43(a) of the Lanham Act, which has been infringed
by Defendant and continues to be infringed on account of Defendants sale in
commerce of the Defendants product.
23. Plaintiff has incurred great expense and has devoted substantial
resources to make the barbecue grill famous and/or readily recognizable to
consumers. Plaintiffs investments and efforts have been successful as the Trade
Dress has become highly distinctive in the marketplace and denotes to purchasers a
line of goods which originate with Plaintiff.
24. Upon information and belief, long after Plaintiffs creation, adoption and
use of the Infringed Product, and without any authorization, the Defendants, with
actual and/or constructive knowledge of Plaintiffs use of the Trade Dress of said
Infringed Product and in contravention of Plaintiffs trade dress rights, adopted and
used a product configuration for its barbecue grill calculated to simulate Plaintiff's
Trade Dress. Defendants had as their objective to mimic the distinctive elements of
trade dress as a means for unfairly taking advantage of and profiting from Plaintiff's
image in the marketplace through the sale of the Defendants copycat grills.
Defendants have distributed and continues to distribute in interstate commerce to
the public, copycat grills bearing an infringing derivative version of the distinctive
features and layout of Plaintiffs Trade Dress for the Defendants own commercial
advantage.
25.
Defendants have used and continue to use derivatives, and/or
colorable imitations of Plaintiffs Trade Dress in direct competition with Plaintiff.

Defendants have used and continue to use these derivatives and/or colorable
imitations of Plaintiffs Trade Dress in connection with sales, offering for sale or
distribution, advertising and promotion of goods which are not the product of
Plaintiff, in a manner that is likely to cause confusion or mistake or to deceive
purchasers as to the source of origin of such goods.
26. Defendants have deliberately misled and will continue to mislead
purchasers, and prospective purchasers, as well as the public at large, to believe,
contrary to fact, that Defendants goods are manufactured, marketed, sponsored or
endorsed by, or affiliated with Plaintiff. The Defendants are unfairly competing
with Plaintiff by trading on and disparaging Plaintiffs goodwill symbolized by its
Trade Dress.
27. The Defendants acts are a false description and representation that said
goods are made by, sponsored by and/or affiliated with Plaintiff. Said acts are in
violation of 15 U.S.C. 1125(a) in that Defendants have used, in connection with

goods, a false designation of origin and a false description and representation,
including words, reproductions and other symbols tending to falsely describe or
represent the same and have caused such goods to enter into interstate commerce,
and or are in violation of 43(a) of the Lanham Act as constituting dilution of the
Trade Dress.
28. As a direct and proximate result of these acts of unfair competition, trade
dress infringement and false designation of origin, Plaintiff has sustained and will
continue to sustain irreparable damage and injury to its business, goodwill,
reputation and profits, in an amount not presently known but believed to be in
excess of $1 million. Plaintiff is entitled to judgment for the Defendants profits and
any damages sustained by Plaintiff in consequence of the deliberate nature of the
infringement by Defendants in an amount equaling three times said damages.
29. By reason of the acts of the Defendants herein alleged, Plaintiff has been
damaged and, unless restrained and enjoined preliminarily and permanently,
Defendants have and will continue to deceive the public, impair the value of
Plaintiffs products and otherwise will cause Plaintiff immediate and irreparable
harm.
Prayer for Relief
10
WHEREFORE, Plaintiff prays for the following relief:

1. A judgment that the Patent is valid and that Defendant has infringed the Patent.
2. A preliminary injunction enjoining and restraining Defendant, its officers,
directors, agents, servants, employees, attorneys and all others acting under or
through them, directly or indirectly, from infringing competition rights of Plaintiff;
3. A permanent injunction enjoining and restraining Defendant, its officers,
directors, agents, servants, employees, attorneys, and all others acting under or
through it, directly or indirectly from infringing patent rights of the plaintiff.
4. A judgment and order requiring Defendant to pay damages, including damages
under 35 U.S.C. 284, with prejudgment interest.
5. A judgment and order trebling the damages payable by Defendant, pursuant to 35
U.S.C. 285 and Title 15, and for attorneys fees.
6. For a preliminary and final injunction restraining, its agents, servants, employees,
successors, assigns and those in privity and/or concert with it from using Plaintiff's
products, product designs, trademarks, or any other designations closely similar
thereto, and from infringing design patents of the Plaintiff;
7. For an order requiring Defendant to recall from its distributors, wholesalers,
retailers and customers any product found to infringe the Patent or the Trade Dress.
8. For a preliminary and final injunction restraining Defendant, its agents, servants,
employees, successors, assigns and those in privity and/or concert with it from
11
using Plaintiff's products, product designs, trademarks, or any other designations

closely similar thereto, and from infringing patents and design patents of the
Plaintiff;
9. For an order requiring Defendant to be required to account to Plaintiff for any and
all profits derived by Defendant from the sale of its goods and for all damages
sustained by Plaintiff by reason of said acts of trade dress infringement and unfair
competition complained herein.
10. A judgment and order directing Defendant to pay the costs of this action
(including all disbursements) and attorneys fees; and
11. Such other and further relief as this Court may deem just and equitable.
Dated: July 30, 2015

By: /s/ Anthony H. Handal
Anthony H. Handal (CT03837)
Handal & Morofsky
Fairfield, Connecticut 06825
Tel. 917 880 0811
Attorneys for Plaintiff
12
Demand for Jury Trial

Plaintiff hereby demands a trial by jury of all issues so triable.
Dated: July 30, 2015
BY: /s/ Anthony H. Handal

Anthony H. Handal (CT03837)
Handal & Morofsky
Fairfield, Connecticut 06825
Tel. 917 880 0811
Attorneys for Plaintiff
13
Case 3:15-cv-01159 Document 1-1 Filed 07/30/15 Page 1 of 8

USO0D573399S
(12) United States Design Patent (10) Patent N0.:

Chung
(54)
US D573,399 S
(45) Date of Patent:
BARBECUE GRILL
(76) Inventor: Kiosky Chung, No. 72, Chaoguei Rd.,

Situn District, Taichung City 407 (TW)
*9:
Jul. 22, 2008
D549,037 S
8/2007 Chung ....................... .. D7/337
D549,038 S
8/2007
Chung ....................... .. D7/337
cued by exammer
Primary ExamineriRuth Mclnroy

(M) Term?
14 Years
(74) Attorney, Agent, or FirmiBanger Shia
(21) Appl. No.: 29/299,614
(57)
(22)
I claim the ornamental design for a barbecue grill, as shown

and described.
Filed:
Dec- 30: 2007
(51)
LOC (8) Cl.
(52)
US. Cl. ..................................................... ..
(58)
Field of Classi?cation Search ........ .. D7/332i337,
................................................ .. 07-02
D7/337
D7/402i405; 99/425, 447, 450; 126/25 R,

l26/29i30, 25 A, 25 AA, 9 R, 9 B, 8, 38,
126/41 R, 40, 50, 506, 144, 211, 304 R, 305 R;
248/1887, 165, 121, 431
See application ?le for Complete Search history
(56)
References Cited
Us PATENT DOCUMENTS
D498,ll4 S
CLAIM
11/2004 Zhang ....................... ..D7/337
DESCRIPTION
FIG 1 is a perspective View of a barbecue grill Showing my
new design;
FIG. 2 is a front elevational View thereof;
FIG. 3 is a rear elevational View thereof;

FIG. 4 is a left side elevational View thereof;
FIG. 5 is a right side elevational View thereof;
FIG. 6 is a top plan View thereof; and,

FIG. 7 is a bottom plan View thereof.
D5ll,433 S * ll/2005 Zhang

D549,036 S
8/2007 Chung ....................... ..D7/337
1 Claim, 7 Drawing Sheets
US. Patent
Jul. 22 2008
Sheet 1 of7
US. Patent
Jul. 22, 2008
Sheet 2 of7
US D573,399 S
.0;
m
US. Patent
Jul. 22, 2008
Sheet 3 of7
US D573,399 S
US. Patent
Jul. 22, 2008
Sheet 4 of7
US D573,399 S
d;
w
US. Patent
Jul. 22, 2008
Sheet 5 of7
US D573,399 S
d;
m
US. Patent
Jul. 22, 2008
Sheet 6 of7
US D573,399 S
6
FIG.
US. Patent
Jul. 22, 2008
Sheet 7 of7
US D573,399 S
259-0003
Tabletop Gas Grill
Model#SRGG806
Instructions Manual
WARNING FOR YOUR SAFETY

WARNING
FOR YOUR SAFETY
1. Do not store or use gasoline or other flammable
liquids or vapors in the vicinity of this or any
other appliance.
2. An LP cylinder not connected for use shall not be
stored in the vicinity of this or any other appliance.
3. Do not leave a lit grill unattended.
DANGER
If you smell gas
1. Shut off gas to appliance.
2. Extinguish any open flame.
3. Open lid.
4. If odor continues, keep away from the appliance and
immediately call your gas supplier or your fire
department.
WARNING:
CAN/CSA-B339, Cylinders, Spheres and Tubes for the

Transportation of Dangerous Goods; and Commission.
LP gas tank must be arranged for vapor withdrawal.
Dented or rusted LP gas tanks may be hazardous and
should be checked by your LP gas supplier prior to
use.
The LP gas tank should not be dropped or handled
roughly.
LP gas tanks must be stored outdoors out of the reach
of children and must not be stored in a building,
garage, or any other enclosed area. Your tank must
never be stored where temperatures can reach over
125F.
Do not insert any tool or foreign object into the valve
outlet or safety relief valve. You may damage the valve
and cause a leak. Leaking propane may result in
explosion, fire, severe personal injury or death.
Do not block holes in sides or back of grill.
Never attempt to attach this grill to the self-contained
LP gas system of a camper trailer, motor home or
house.
Do not store a spare LP gas tank under or near this
appliance.
The use of alcohol, prescription or non-prescription
drugs may impair the consumers ability to properly
assemble or safely operate the appliance.
Strong odors, colds, sinus congestion, etc. may
prevent the detection of propane. Use caution and
common sense when testing for leaks.
Never use charcoal, lighter fluid, lava rocks, gasoline,
kerosene or alcohol with this product.
Your grill has been checked at all factory connections
for leaks. Re-check all connections as movement in
shipping can loosen connections.
Check for leaks even if your unit was assembled for
you by someone else.
Do not operate if gas leak is present. Gas leaks may
cause a fire or explosion.
This grill is for outdoor use only and shall not be used
in a building, garage or any other enclosed area.
This grill is NOT for commercial use.
This grill is safety certified for use in the United States
and Canada only. Do not modify for use in any other
location. Modification will result in a safety hazard and
will void warranty.
Do NOT operate, light or use this appliance within 8
feet of walls, structures or buildings.
Apartment Dwellers: Check with management to learn
the requirements and fire codes for using an LP gas
grill in your apartment complex. If allowed, use outside
on the ground floor with an eight (8) feet clearance
from walls or rails. Do not use on or under balconies.
This grill is for use with liquid propane (LP) gas only.
The conversion to or attempted use of natural gas in
this LP gas grill is dangerous and will void your
warranty.
LP gas characteristics:
a. LP gas is flammable and hazardous if handled
improperly. Become aware of the characteristics before
using any LP gas product.
b. LP gas is explosive under pressure, heavier than air
and settles and pools in low areas.
c. LP gas in its natural state has no odor. For your
safety, an odorant is added that smells like rotten
cabbage.
d. Contact with LP gas can cause freeze burns to skin.
Only tanks marked propane may be used with this
appliance.
The LP gas tank must be constructed and marked in
accordance with the Specifications for LP gas Cylinders
of the U.S. Department of Transportation (DOT) or the
National Standard of Canada,
WARNING FOR YOUR SAFETY

You must follow all leak-checking procedures before
operating. To prevent fire or explosion hazard when
testing for a leak:
a. Always perform leak test before lighting the grill and
each time the tank is connected for use.
b. Do not use or permit sources of ignition in the area
while conducting a leak test. No smoking.
c. Conduct the leak test outdoors in a well-ventilated
area.
d. Do not use matches, lighters or a flame to check for
leaks.
e. Do not use grill until any and all leaks are corrected.
If you are unable to stop a leak disconnect the LP
gas supply. Call our customer care at
1-866-814-0585, a gas appliance serviceman or
your local LP gas supplier.
Do not use in an explosive atmosphere. Keep grill
area clear and free from combustible materials,
gasoline and other flammable vapors and liquids.
Keep all combustible items and surfaces at least 36
inches (91 cm) away from the grill at all times. DO NOT
use this grill or any gas product under any overhead or
near any unprotected combustible constructions.
It is essential to keep the grills valve compartment,
burners and circulating air passages clean. Inspect
grill before each use.
Do not use the grill unless it is COMPLETELY
assembled and all parts are securely fastened and
tightened.
This grill should be thoroughly cleaned and inspected
on a regular basis.
Do not alter grill in any manner. Any alteration will void
your warranty.
Use only the regulator provided. Any replacement
regulator shall be specified by the manufacturer.
Do not attempt to repair or alter the hose/regulator for
any assumed defect. Any modification to this
assembly will void your warranty and create the risk of
a gas leak and fire. Use only authorized replacement
parts supplied by manufacturer.
Do not use this appliance without reading Operating
Instructions in this manual.
Do not touch metal parts of grill until it has completely
cooled (about 45 min.) to avoid burns, unless you are
wearing protective gear (pot holders, gloves, BBQ
mittens, etc.).
Do not install or use in or on boats or recreational
vehicles.
Do not use grill in a vehicle trunk, station wagon,

mini-van, sport utility vehicle (SUV) or recreational
vehicle (RV).
When cooking fire extinguishing materials shall be
readily accessible. In the event of an oil/grease fire, do
not attempt to extinguish with water. Use type BC dry
chemical fire extinguisher or smother with dirt, sand or
baking soda.
Move gas hoses as far away as possible from hot
surfaces and dripping hot grease.
Do not use grill in high winds.
Never lean over grill when lighting.
Do not leave a lit grill unattended. Keep children and
pets away from grill at all times.
Do not attempt to move grill when in use. Allow the
grill to cool (approximately 45 minutes) before moving
or storing.
Storage of grill indoors is permissible only if the tank is
disconnected, removed from the grill and properly
stored outdoors.
While wearing a protective glove or mit, open grill lid
carefully and slowly as heat and steam trapped within
grill can severely burn you.
Do not attempt to disconnect the gas regulator from the
tank or any gas fitting while the grill is in use.
Disconnect LP gas tank when not in use.
Always use your grill on a hard, non-combustable, level
surface. An asphalt or blacktop surface may not be
acceptable for this purpose.
Do not use directly on wooden decks.
Keep all electrical cords away from a hot grill.
Do not use grill for indoor cooking or heating. TOXIC
fumes can accumulate and cause asphyxiation.
After a period of storage and/or nonuse check for leaks
and burner obstructions.
Failure to open lid while igniting the grills burner, or not
waiting 5 minutes to allow the gas to clear if the grill
does not light, may result in an explosive flame-up.
Never operate grill without heat plate installed. Always
use a meat thermometer to ensure food is cooked to a
safe temperature.
Use protective gloves when assembling this product.
Do not force parts together as this can result in
personal injury or damage to the product.
Never cover entire cooking area with aluminum foil.
Death, serious injury or damage to property may occur
if the above is not followed exactly.

PACKAGE CONTENTS
A
B
D
E
F
I
G
H
J
Parts List
A
Lid Handle
1pc
Bottom Bowl
1pc
Lock
1pc
Bottom Hinge
2pcs
Lid
1pc
Heat Plate
1pc
Warming Rack
1pc
Heat Plate Support
2pcs
Top Hinge
2pcs
Wind Guard
1pc
Burner
1pc
Regulator/Control Valve
1pc
Cooking Grid
1pc
Leg
4pcs

HARDWARE CONTENTS
Part
Description
Specification
Quantity
AA
Screw
M5 x 12 Nickel Plated Phillips Truss Head
14pcs
BB
Bolt
M6 x 16
1pc
CC
Wing Nut
M5 Steel
2pcs
DD
Washer
6.4 Steel
1pc
EE
Washer
6.4 Heat Resistant
2pcs
FF
Lock Washer
5.3 Steel
6pcs
GG
Lock Washer
6.4 Steel
1pc
HH
Pin
5 x 30 Zinc Plated
2pcs
Cotter Pin
Nut
1.4 x 30 Steel
M5
2pcs
14pcs
II
JJ
Tools Required for Assembly (Not Included)

Assembly Instructions
6723
DO NOT RETURN PRODUCT TO STORE.
For assistance call 1-866-814-0585 toll free. Please have your owners manual and model number available for
reference.
For Easiest Assembly:

d

duct on a hard level surface that

onents and hardware.

ctions by hand first. Once t

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JJ
CC
FF
AA
EE
Hardware Used
B
A
AA
'
\

|
\
EE
asher
\
FF
%asher
JJ
]^|
\
\
Attach heat plate supports(K) to bottom bowl(H) with 4pcs

M5x12 screws (AA) and 4pcs M5 nuts(J J).
Attach bottom hinges(I) to bottom bowl(H) with 4pcs M5x12
screws(AA), 4pcs 5.3 steel small lock washers(FF) and
4pcs M5 nuts(JJ).
JJ
AA JJ FF
AA
I
Hardware Used
AA
Screw
8pcs
JJ
M5 Nut
8pcs
FF
Lock Washer
4pcs
H
K
Attach leg(N) to bottom bowl(H) with 4pcs M5x12

screws(AA) and 4pcs M5 nuts(JJ).
JJ
AA
Hardware Used
AA
Screw
4pcs
JJ
M5 Nut
4pcs
Place burner(F) into bottom bowl(H) corresponding position

and fix it with 1pc M6x16 bolt(BB), 1pc 6.4 steel washer
(DD) and 1pc 6.4 steel lock washer(GG).
Hardware Used
H
DD
BB
Washer
1pc
1pc
Bolt
DD
GG
BB
GG
1pc
Lock washer
Attach wing guard to burner end by hand. Then

finger-tighten regulator/control valve to burner end.
Note: Once attached, the regulator/control valve will
freely rotate to accomodate for the LP gas tank.
Insert top hinge(E) into bottom hinge(I) and secure them

together with 2pcs 5x30 zinc plated pins (HH) and 2pcs
1.4x30 steel cotter pins(II).
Note: If top hinge dose not fit into bottom hinge, gently
squeeze top hinge tabs together.
Hardware Used
HH
5X30 Pin
2pcs
HH
II
1.4x30Cotter Pin 2pcs
II
Slide the warming rack (D) into the holes of the lid (C) and
the bottom bowl (H). Make sure to insert the short warming
rack ends into the holes on both sides of the lid (C) and the
long warming rack leg ends into the holes on both sides
of the bottom bowl (H).
Remove the zip tied on the warming rack.
Place heat plate (J) and cooking

grid (G) into bottom bowl (H), in
order as shown in drawing.
Lock Lid
Unlock Lid
10
10
Operating Instructions
Figure 1
First Use
1. Make sure all labels, packaging and protective films have been removed from the grill.
2. Remove manufacturing oils before cooking on this grill for the first time by operating the
grill for at least 15 minutes on HIGH with the lid closed. This will heat clean the
internal parts and dissipate odors.
11
LOCK
OFF
HIGH
PUSH
TO
TURN ON
MED
Checking for Leaks

1. Make 2-3 oz. of leak solution by mixing one part liquid dishwashing soap with three
parts water.
2. Make sure regulator/control knob is LOCK/OFF. (Figure 2)
3. Spoon several drops of solution, or use squirt bottle, at all X locations. (Figures 4 & 5)
4. Inspect the solution at the connections, looking for bubbles.
a. If NO bubbles appear after one minute, the connections are secure. Wipe away solution
and proceed.
b. If bubbles appear, you have a leak.
1. Remove the LP gas tank and reconnect, making sure the connection is secure.
2. Retest with solution. If you continue to see bubbles after several attempts, disconnect
LP gas tank and contact 1-866-814-0585 for assistance.
Figure 2
Figure 3a
Figure 3b
Figure 4
X
Figure 5
X
X
Figure 6
Match
10.6 in. / 26,9 cm
WARNING: Failure to inspect this connection or follow these instructions

could cause a fire or an explosion which can cause death, serious bodily
injury or damage to property.
2.9 in. / 7,4 cm
LOW
Burner Connection
Make sure the regulator/control knob is securely fastened to the burner. (Figure 4)
Note: The brass nut should be 1/4 to 1/2 turn past tight. The regulator will rotate 360
even when the brass nut is tightened.If your unit was assembled for you, visually check
the connection between the burner and control valve.
If you have questions contact 1-866-814-0585 for assistance.
3.875 in. / 9,8 cm
1 lb
453 g
Disconnect LP Gas Tank

1. Turn the regulator/control knob to the LOCK/OFF position. (Figure 2)
2. Rotate LP gas tank counterclockwise until it is loose. (Figure 3b)
3. Store the LP gas tank in a proper location.
1 lb
453 g
OF
Connect LP Gas Tank

Only cylinders marked propane may be used.Note: Some 1-lb cylinders may form frost
when near empty.
1. Make sure the regulator/control knob is in the LOCK/OFF position. (Figure 2)
2. Lubricate the threads of the regulator/control knob with petroleum jelly. Line up threads
on LP gas tank with regulator/control knob.
3. Insert and rotate LP gas tank clockwise until they fit snugly together. HAND TIGHTEN
ONLY. Be careful not to cross threads when screwing in canister. (Figure 3a)
4. Test for leaks, see Checking for Leaks section.
7.75 in . / 19,7 cm
This grill is designed to operate with a one pound 7.75 or 10.6 high disposable / 16.4
oz. or 14.1 oz. propane gas tank (DOT 39 Cylinder). (Figure 1)DO NOT ATTEMPT TO
REFILL ANY ONE POUND (16.4 oz. or 14.1 oz.) PROPANE GAS TANKS!
LIGHT INSTRUCTIONS
Caution: Keep outdoor gas cooking appliance area clear and free from
combustible materials, gasoline and other flammable vapors and liquids.
Caution: Do not obstruct the flow of combustion and ventilation air.
Caution: Check and clean burner/venturi tubes for insects and insect nests.
A clogged tube can lead to a fire beneath the grill.
Caution: Attempting to light the burner with the lid closed may cause an
explosion.
Figure 7
Flame
1/2"
12,7 mm
1/4"
6,4 mm
0"
0 mm
1. Make sure all labels, packaging and protective films have been removed from the grill.
2. Open lid.
3. Make sure there are no obstructions of airflow to the gas unit. Spiders and insects can nest within and clog the burner / venturi tube at
the orifice.
4. The regulator/control knob must be in the LOCK/OFF position. (Figure 2)
5. Turn the regulator/control knob to LOW6. Insert a long lit match close to the burner through a hole in bottom bowl as
indicated. (Figure 6)
7. If ignition does not occur in 5 seconds, turn burner control knob LOCK/OFF, wait 5 minutes and repeat lighting procedure.
8. After lighting, observe the burner flame. Make sure all burner ports are lit and flame height matches illustration. (Figure 7)
Caution: If burner flame goes out during operation, immediately turn the regulator/control knob OFF and open
lid to let the gas clear for about 5 minutes before re-lighting.

1. Turn regulator/control knob to the LOCK/OFF position. (Figure 2)
2. Remove LP gas tank and properly store tank.
Cooking
1. Open lid and ignite burner per Lighting Instructions.
2. Close lid and preheat grill on HIGH.
3. Adjust controls to desired temperature.
4. Wearing protective gloves lift lid by handle(s) and use long handle tongs to place food onto cooking grids above the lit burners.
5. With lid open or closed, cook until desired internal food temperatures are achieved.
6. Turn grill OFF by turning regulator/control knob to the LOCK/OFF position. Remove LP gas tank and properly store tank.
Controlling Flare-ups
Caution: Putting out grease fires by closing the lid is not possible.

to splatter and could result in serious burns, bodily harm
or other damage. If a grease fire develops, turn regulator/control knob OFF.

f food residue on HIGH. If grill has not been regularly
cleaned, a grease fire can occur that may damage the product.
WARNING: When cooking, fire extinguishing materials shall be readily accessible. In the event of an oil/grease fire, do not
attempt to extinguish with water. Use type BC dry chemical fire extinguisher or smother with dirt, sand or baking soda.
Controlling Flare-ups:
Flare-ups are a part of cooking meats on a grill, and adds to the unique flavor of grilling.
Excessive flare-ups can over cook your food and cause a dangerous situation for you and your grill.
Important: Excessive flare-ups result from the build-up of grease in the bottom of your grill. If excessive flare-ups occur, DO NOT
pour water onto the flames.
If grease fire occurs, close the lid AND turn the regulator/control knob to OFF, until the grease burns out. Use caution when opening
the lid as sudden flare-ups may occur.
12

1. Use the upper cooking grid (warming rack) for keeping cooked food warm, toasting breads or cooking delicate
foods in aluminum foil pouches.
2. To keep food from sticking to the grids, spray or coat with cooking oil before lighting.
3. To reduce flare-up keep grill clean, use lean cuts of meat (or trim fat) and avoid cooking on very high temperatures.
4. Place delicate foods like fish and vegetables in aluminum foil pouches and indirect cook or place on upper cooking
levels (warming rack).
WARNING: Never cover entire cooking area with aluminum foil.
5. To avoid losing natural juices, use long handled tongs or spatulas instead of forks and turn foods over just once
during cooking.
6. When direct cooking adjust your burners to different levels so foods can be prepared to different internal
temperatures in the same time frame.
7. When indirect cooking roasts and larger cuts of meat, place meat onto a roasting rack inside a heavy gauge metal
pan. Place pan over the un-lit burners.
8. Try water pans to reduce flare-ups and cook juicer meats. Before starting grill remove cooking grids and place a
heavy duty shallow pan directly on heat plates. Fill half way with water, fruit juices or other flavored liquids. Replace
cooking grids and position food over the loaded pan.12. Enhance food flavors by using wood chips in smoker boxes
or aluminum foil pouches. Follow the wood manufacturers instructions.
9. Rotisseries, grill baskets, vertical poultry holders and other acc essories can enhance your experiences, reduce
cooking times and aid in clean-up.
10. Clean cooking grids and racks after every use with a quality grill bush designed for your grid material. Wear
protective gloves and gently remove the build-up while grids are hot.
11. After every use, allow grill to cool. Then protect clean cooking grids with a light coat of cooking oil, empty grease
pan, wipe outside surfaces with a suitable kitchen cleaner and protect surfaces with a quality cover that properly
fits your grill.
Cleaning and Care

Caution:
1. All cleaning and maintenance should be done when grill is completely cool (about 45 min.) and with the
LP gas tank disconnected.
2. DO NOT clean any grill part in a self cleaning oven. The extreme heat will damage the finish.
Notices
1. Abrasive cleaners will damage this product.
2. Never use oven cleaner to clean any part of grill.
Cleaning Surfaces
1. Wipe surfaces clean with mild dishwashing detergent or baking soda.
2. For stubborn surfaces use a citrus based degreaser and a nylon scrubbing brush.
3. Rinse clean with water.
Cleaning Burner
1. Turn regulator/control knob to LOCK/OFF and remove LP gas tank. Wait for grill to fully cool (about 45 min.).
2. Remove regulator/control knob and wind guard.
3. Remove cooking grid and heat plate.
4. Disconnect wire from igniter, if applicable.
5. Remove burner.
6. Remove all food residue and dirt on burner surface.
7. Clean inlet of burner with small bottle brush or compressed air.
8. Clean any clogged ports with a stiff wire (such as an opened paper clip)
9. Inspect burner for any damage (cracks or holes). If damage is found, replace with new burner from manufacturer.
10. Reinstall burner. Reconnect igniter (if applicable), wind guard and regulator/control knob.
11. Replace heat plate and cooking grid.
12. Preform leak test.
Before Storing
1. Turn regulator/control knob to LOCK/OFF and remove LP gas tank.
2. Clean all surfaces.
3. Lightly coat the burners with cooking oil to prevent excess rusting.
4. If storing the grill indoors, disconnect the LP gas tank, see Disconnect LP Gas Tank section, and leave the LP gas tank
OUTDOORS.
5. Place the protective cap cover on the LP tank and store the tank outdoors in a well ventilated area out of direct sunlight.
6. If storing the grill outdoors, cover the grill with a grill cover for protection from the weather.
13
TROUBLE SHOOTING
Problem
Burner will not light using ignitor

(if included)
Burner will not light with match
Sudden drop in gas flow or reduced flame height
Irregular flame pattern , flame does not run the

full length of burner
Flame is yellow or orange
Flame blow out
Flare-up
Possible Cause
LP gas tank is low or empty
Replace LP gas tank
LP gas leak
Follow Checking for Leaks instructions in the owners manual
Wires or electrode covered with cooking residue
Clean wire and/or electrode with rubbing alcohol
Electrode and burners are wet
Wipe dry with cloth
Electrode cracked or broken - sparks at crack
Replace electrode, please call our Customer Care at 1-866-814-0585
Wire loose or disconnected
Reconnect wire or replace electrode/wire assembl y, please call our Customer

Care at 1-866-814-0585
Wire is shorting (sparking) between ignitor and electrode
Replace ignitor wire/electrode assembl y, please call our Customer Care at

1-866-0814-0585
Bad ignitor
Replace ignitor, please call our Customer Care at 1-866-814-0585
No gas flow
Check if LP gas tank is empty

A. If empty, replace
B. If LP gas tank is not empt y, refer to +' ow or reduced
;
LP gas tank is low or empty
Replace LP gas tank
LP gas leak
Follow Checking for Leaks instructions in the owners manual
Coupling nut and regul ator not fully connected
Turning the coupling nut about one-half to three quarters additional turn until
solid stop. Tighten by hand only-do not use tools
Obstruction of gas fl ow
Clear burner tubes
Spider webs or insect nest in venturi
Clean venturi and burner tube
Burner ports clogged or blocked
Clean burner ports
Out of gas
Replace LP gas tank
Excess flow valve tripped; safety device may h ave been

activated
1. Turn regulator/control knob to LOCK/OFF

2. Wait 30 seconds and light grill
3. *

ow,@ ow safety device:
a. Turn regulator/control knob OFF
b. Remove LP gas tank
c. Wait 1 minute
d. Attach LP gas tank
e. Perform a leak check per Checking for Leaks instructions in the owners
manual
f. Light grill per Lighting Instructions instructions in the owners manual
Burner ports are clogged or blocked
Clean burner ports
New burner may h ave residual manufacturing oils
Burn grill for 15 minutes on HIGH with the lid closed
Spider webs or insect nest in venturi
Clean venturi
Food residue, grease, etc.
Clean burner
Poor alignment of valve to burner venturi
Assure burner venturi is properly eng aged with valve
High or gusting winds
Do not use grill in high winds
Low on LP gas
Replace LP gas tank
Excess flow valve tripped; safety device may h ave been

activated
Refer to Sudden drop in gas fl ow or reduced flame height
Grease buildup
Remove and clean all grill parts per Cleaning and Care instructions in the
owners manual
Excess fat in me at
Trim f at from me at before grilling
Excessive cooking temperature
Adjust (lower) cooking temper ature
Persistent grease fire
Grease trapped by food buildup around burner system
1. Turn control knob to OFF

2. Leave lid in c

3. After grill cools , remove and clean all parts per Cleaning and Care
instructions in the owners manual
Flashback (fire in burner tube(s))
Burner and/or burner tubes are blocked
Clean burner and/or burner tube
The lid is stainless steel , not painted
Baked on grease buildup has turned to carbon and is flaking off , clean
thoroughly per Cleaning and Care instructions in the owners manual
The lid is coated/painted
This can be from baked on grease buildup , that has turned into carbon and is
flaking off
Clean thoroughly, per Cleaning and Care instructions in the owners manual
After cleaning, if you can see steel , please call out Customer Care at
1-866-814-0585
Inside of lid is peeling (like paint peeling)
14
MasterCook Tabletop Gas Grill at Menards
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Case 3:15-cv-01159 Document 1 Filed 07/30/15 Page 1 of 13

Anthony H. Handal, CT State Bar No. ct03837

UNITED STATES DISTRICT COURT

COMPLAINT FOR PATENT AND

MENARD, INC. AND SHINERICH

DEMAND FOR JURY TRIAL

Case 3:15-cv-01159 Document 1 Filed 07/30/15 Page 2 of 13

2. Upon information and belief, Defendant MENARD, INC. is a corporation

Case 3:15-cv-01159 Document 1 Filed 07/30/15 Page 3 of 13

4. Jurisdiction is also based on diversity of citizenship, 28 U.S.C. 1332 and

Case 3:15-cv-01159 Document 1 Filed 07/30/15 Page 4 of 13

Case 3:15-cv-01159 Document 1 Filed 07/30/15 Page 5 of 13

Case 3:15-cv-01159 Document 1 Filed 07/30/15 Page 6 of 13

Case 3:15-cv-01159 Document 1 Filed 07/30/15 Page 7 of 13

Case 3:15-cv-01159 Document 1 Filed 07/30/15 Page 8 of 13

Case 3:15-cv-01159 Document 1 Filed 07/30/15 Page 9 of 13

Defendants have used and continue to use derivatives, and/or

colorable imitations of Plaintiffs Trade Dress in direct competition with Plaintiff.

Case 3:15-cv-01159 Document 1 Filed 07/30/15 Page 10 of 13

violation of 15 U.S.C. 1125(a) in that Defendants have used, in connection with

Prayer for Relief

Case 3:15-cv-01159 Document 1 Filed 07/30/15 Page 11 of 13

WHEREFORE, Plaintiff prays for the following relief:

Case 3:15-cv-01159 Document 1 Filed 07/30/15 Page 12 of 13

using Plaintiff's products, product designs, trademarks, or any other designations

Dated: July 30, 2015

Case 3:15-cv-01159 Document 1 Filed 07/30/15 Page 13 of 13

Demand for Jury Trial

Dated: July 30, 2015

BY: /s/ Anthony H. Handal

Case 3:15-cv-01159 Document 1-1 Filed 07/30/15 Page 1 of 8

(12) United States Design Patent (10) Patent N0.:

(45) Date of Patent:

(76) Inventor: Kiosky Chung, No. 72, Chaoguei Rd.,

Jul. 22, 2008

8/2007 Chung ....................... .. D7/337

Chung ....................... .. D7/337

Primary ExamineriRuth Mclnroy

(74) Attorney, Agent, or FirmiBanger Shia

(21) Appl. No.: 29/299,614

I claim the ornamental design for a barbecue grill, as shown

Dec- 30: 2007

LOC (8) Cl.

US. Cl. ..................................................... ..

Field of Classi?cation Search ........ .. D7/332i337,

D7/402i405; 99/425, 447, 450; 126/25 R,

11/2004 Zhang ....................... ..D7/337

FIG 1 is a perspective View of a barbecue grill Showing my

FIG. 3 is a rear elevational View thereof;

FIG. 5 is a right side elevational View thereof;

FIG. 6 is a top plan View thereof; and,

D5ll,433 S * ll/2005 Zhang

8/2007 Chung ....................... ..D7/337

1 Claim, 7 Drawing Sheets

Case 3:15-cv-01159 Document 1-1 Filed 07/30/15 Page 2 of 8

Case 3:15-cv-01159 Document 1-1 Filed 07/30/15 Page 3 of 8

Jul. 22, 2008

Case 3:15-cv-01159 Document 1-1 Filed 07/30/15 Page 4 of 8

Jul. 22, 2008

Case 3:15-cv-01159 Document 1-1 Filed 07/30/15 Page 5 of 8

Jul. 22, 2008

Case 3:15-cv-01159 Document 1-1 Filed 07/30/15 Page 6 of 8

Jul. 22, 2008

Case 3:15-cv-01159 Document 1-1 Filed 07/30/15 Page 7 of 8

d

onents and hardware.

ctions by hand first. Once t