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Case 5:16-cv-05302-PKH Document 1

Filed 10/25/16 Page 1 of 17 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

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By

HUGH JARRATT,

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Dep,.,

an Arkansas resident

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G, Clerk

JARRATT INDUSTRIES, LLC,


PLAINTIFFS

an Arkansas Limited Liability Company


vs.

CASE NO.

\ Lo-5308 Pk. H
DEFENDANTS

AMAZON.COM, INC.
A Delaware Corporation
CT DISCOUNT STORE, INC.
A New York Corporation

JURY TRIAL REQUESTED


COMPLAINT

Comes now the Plaintiffs, Hugh Jarratt and Jarratt Industries, LLC, by and through their
attorney, Schrantz Law Firm, PLLC, for their Complaint against Amazon.com, Inc. and CT
Discount Store, Inc. state as follows:
1.

Plaintiff Hugh Jarratt (hereinafter referred to as "Jarratt") is an Arkansas resident residing

in Fayetteville, Arkansas.
2.

Plaintiff Jarratt Industries, LLC (hereinafter referred to as "Jarratt Ind.") is an Arkansas

limited liability company with its principal place of business in Fayetteville, Arkansas.
3.

Defendant Amazon.com, Inc. (hereinafter referred to as "Amazon") is, upon information

and belief, a Delaware corporation with its principal place of business located in Seattle,
Washington.

Case 5:16-cv-05302-PKH Document 1

4.

Filed 10/25/16 Page 2 of 17 PageID #: 2

Defendant CT Discount Store, Inc. (hereinafter referred to as "CT Discount") is, upon

information and belief, a New York corporation with is principal place of business located in
Floral Park, New York.

/
Jurisdiction

5.

This is a complaint for patent infringement arising under the patent laws of the United

States,, Title 35 of the United States Code, 35 U.S.C. 271, 282, 283, 284, 285.
6.

This Court has jurisdiction under 28 U.S.C. 1338 and 1400 and venue is proper under

28 U.S.C. 139l(b).
7.

Furthermore, Defendants intentionally and maliciously pirated and infringed upon a

patent and trademark belonging to the Jarratts located in Fayetteville, Arkansas.


8.

This Court has subject matter jurisdiction over the Jarratts' federal claims pursuant to 35

U.S.C. 271, 35 U.S.C. 289, 15 U.S.C. 1121, and 28 U.S.C. 1331 and 1338.
9.

This Court has supplemental jurisdiction over the Jarratts' pendent state law claims

pursuant to 28 U.S.C. 1367 in that the state law claims are integrally interrelated with the
Jarratts' federal claims and arise from a common nucleus of operative facts such that
administration of the Jarratts' state law claims with their federal claims furthers the interest of
judicial economy.
10.

The Court has personal jurisdiction over Defendants because upon information and

belief, Defendants have transacted business within the state of Arkansas; promoted themselves
via the Internet, which is available to Internet users throughout the world, including those in
Arkansas and in this district; committed acts, or caused consequences to occur that resulted in an
action for the torts alleged in this complaint, including patent infringement and trademark
infringement.

Case 5:16-cv-05302-PKH Document 1

11.

Filed 10/25/16 Page 3 of 17 PageID #: 3

Venue is proper in this district under 28 U.S.C. 1391(b) because a substantial part of the

acts giving rise to the claim occurred in this district and because Defendants are subject to
personal jurisdiction in this district.

Factual Background
12.

For many years, Jarratt has been engaged in the development, manufacture, and sell of

taco plates and other kitchen utensils and cooking products.


13.

Jarratt has taken steps to protect his innovative designs, including his taco plates. In

particular, Jarratt owns U.S. Patent No. D574,187 entitled "Divided Plate for Separating Food"
(hereinafter referred to as "the'187 patent") relating to Jarratt's taco plate. Relevant to this
dispute, Jarratt is and has been the owner of all right, title, and interest to the'187 patent.
14.

On August 5, 2008, the'187 patent was duly and lawfully issued to inventor Hugh

Jarratt. A true and correct copy of the '187 patent is attached as Exhibit 1.
15.

Jarratt owns rights in the '187 patent sufficient to bring this action.

16.

Jarratt has achieved success and nationwide notoriety with his patented Taco Plate.

Jarratt's Taco Plate has been featured on the NBC's Today Show in the segment entitled "What's
Hot in the Kitchen" which aired on or around July 5, 2012. Jarratt's patented taco plate has also
been featured in the NBC Nightly News, ABC's Dateline, the Seattle Times, the Arkansas
Business Journal, the Arkansas Democrat Gazette, and the Fayetteville Flyer. See Exhibits 2 and
3.
I 7.

Jarratt's patented plates have been and are currently sold through Amazon through both

Natural State Mercantile and Wire Whisk.

Case 5:16-cv-05302-PKH Document 1

18.

Filed 10/25/16 Page 4 of 17 PageID #: 4

Upon information and belief, Amazon sells, offers for sale, and exposes for sale

Defendants' infringing plates by CT Discount Store, Inc.


19.

Upon information and belief, CT Discount Store, Inc. sells and offers for sell infringing

plates on Amazon's website located at Amazon.com.


20.

Upon information and belief, Amazon profits from the sale of the infringing plates.

21.

Defendants currently sell, offer for sell, and expose for sale infringing taco plates that

were not acquired from Jarratt. Offers for sale and exposures for sale of Defendants' infringing
taco plates are attached as Exhibits 4 and 5.
22.

Upon information and belief, Defendants transact or have transacted business within this

judicial district for Defendants' individual gain and benefit and are subject to the jurisdiction of
this Court.
23.

Upon information and belief, without Jarratt's authorization, Defendants have offered for

sale, sold, and exposed for sale and continue to offer for sale, sell, and expose for sale in the
United States and Arkansas imitation taco plates having designs that are covered by the '187
patent (hereinafter referred to as "Defendants' Infringing Plates").
24.

Upon information and belief, Defendants knowingly and intentionally sold, offered for

sale, and exposed for sale and continue to sell, offer for sale, and expose for sale Defendants'
Infringing Plates as simulations of Jarratt's taco plates. See Exhibits 4 and 5.
25.

Amazon directs potential customers to purchase from CT Discount Store, instead of

Jarratts' licensed products. See Exhibits 4 and 5 (bottom portion of page 2).
26.

Amazon provides links to infringing plates offered at lower prices than the prices at

which Jarratt's licensed products are offered. See Exhibits 4 and 5 (bottom portion of page 2).

Case 5:16-cv-05302-PKH Document 1

27.

Filed 10/25/16 Page 5 of 17 PageID #: 5

Amazon encourages users to compare the prices of the infringing products to the licensed

products in a table that compares similar items. See Exhibits 4 and 5 (bottom portion of page 2).
28.

Amazon also provides an Amazon Selling Coach that provides pricing information

concerning competing products.


29.

The Amazon Selling Coach recommends matching the lowest price for the competing

products.
30.

Amazon, through its Amazon Selling Coach, recommends that Jarratt's licensees match

the prices of the lower priced infringing products to compete with the infringing products. See
Exhibit 6.
31.

Chart 1 below demonstrates Defendants' infringement by comparing figures of the '187

patent with the Infringing plates sold by Defendants.


Chart 1: Comparison of the '187 patent to Defendants' Infringing Plate

FIG. I

Case 5:16-cv-05302-PKH Document 1

Filed 10/25/16 Page 6 of 17 PageID #: 6

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Case 5:16-cv-05302-PKH Document 1

Filed 10/25/16 Page 7 of 17 PageID #: 7

FIG. 7

32.

Based on information and belief, Defendants have infringed and continue to infringe the

'187 patent within the meaning of35 U.S.C.271(a), 289 at least by selling, offering to sell,
and exposing for sale Defendants' Infringing Plates without Jarratt's authorization or license.
33.

Jarratt has sold and is currently selling its Taco Plate bearing the design claimed in the

'187 patent. As contemplated by the Patent Act, 35 U.S.C. 287, Jarratt has provided notice of
the '187 patent by marking the '187 patent number on Jarratt's Taco Plates models bearing those
patented designs since approximately the time the United States Patent and Trademark Office
I

issued the '187 patent.

Case 5:16-cv-05302-PKH Document 1

34.

Filed 10/25/16 Page 8 of 17 PageID #: 8

On information and belief, Defendants' infringement of the '187 patent has been and

continues to be intentional and willful.


Defendants offer two variations of infringing plates in a four (4) pack and six (6) pack

35.

variations. See Exhibits 4 and 5.


The Jarratts offer taco plates that were made in the USA that were manufactured in

36.

Arkansas. See Exhibits 2 and 3.


The Jarratts provide such taco plates to Wal-Mart through Wal-Mart's Made in America

37.

campaign. See Exhibits 2 and 3.


38.

Defendants falsely advertise that the infringing plates were made in the USA. See

Exhibits 4 and 5.
39.

The infringing plates sold by Defendants were actually made in China despite being
r

advertised as Made in the USA. See Exhibits 7 and 8, showing pictures of the bottom of the
infringing taco plate and packaging showing that the plates are made in China.
40.

Consumers and the public purchase the infringing taco plates under the belief that the

infringing taco plates are made in the USA due to the Defendants' false marketing. See Exhibits
2-3 (showing the Jarratts' American made products) and 4-5 (Defendants' false marketing).
41.

Consumers and the public are not made aware that the infringing taco plates are made in

China until after the consumers receive the infringing plates from the Defendants.
42.

Defendants' bait and switch of offering American made products and then providing

Chinese made products irreparably harms the Jarratts and the Jarratts' reputation.
43.

Infringing on both the Jarratts' patent and trademarks, Defendants harm Jarratt Industries'

reputation as a company that provides products Made in the USA.


COUNT 1

Patent Infringement

Case 5:16-cv-05302-PKH Document 1

44.

Filed 10/25/16 Page 9 of 17 PageID #: 9

The Jarratts incorporate the preceding Paragraphs of their Complaint as if fully rewritten

here.
45.

Defendants have made, used, offered to sell, sold, and/ot imported into the United States,

and continues making, using, offering to sell, selling, and/or importing into the United States,
taco plates having designs that infringe the '187 patent without Jarratt's authorization.
46.

Defendants have also sold and exposed for sale and continue to sell and expose for sale

Jarratt's patented design or colorable imitation thereof.


47.

Defendants sell and expose for sell an infringing plate that is a sufficiently similar design

to Jarratt's patented design.


48.

The infringing plate and Jarratt's patented design share sufficient similarities such that

the infringing plate and Jarratt's patented plate stack upon each other.
49.

On information and belief, Defendants' infringement has been intentional and willful,

making this an exceptional case.


50.

Jarratt has been and will continue to be irreparably harmed by Defendants' infringement

of the '187 patent.

COUNT 2- Unfair Trade Practices (15 U.S.C.1125(a))

51.

The Jarratts incorporate the preceding Paragraphs of their Complaint as if fully rewritten

here.
52.

Defendants' sell and offer of sale of the imitation plates creates unfair competition

against Jarratts.
53.

Defendants' use of Jarratt Indusries and Jarratt Industries (with Industries misspelled), for

goods that are identical, related, and/or substantially similar to those produced by the Jarratts

Case 5:16-cv-05302-PKH Document 1

Filed 10/25/16 Page 10 of 17 PageID #: 10

constitute a false designation of origin and a false representation as to the origin of Defendants'
infringing plates is likely to cause confusion, mistcike, or deception as to the source of
Defendants' goods and is likely to create the false impression that the goods are authorized,
sponsored, endorsed, licensed by, or affiliated with the Jarratts. Defendants' actions constitute
unfair competition in violation of Section 43(a)(l)(A) of the Lanham Act, 15 U.S.C.

1125(a)(l)(A).
54.

Defendants deceived and continue to deceive potential customers by misrepresenting the

Defendants' goods as the Jarratts' own goods.


55.

Defendants' conduct is willful, intended to reap the benefit of the goodwill of the Jarratts

and violates Section 43(a)(l)(A) of the Lanham Act, 15 U.S.C.


56.

1125(a)(l)(A).

Defendants' conduct has caused and is causing immediate and irreparable injury to the

Jarratts and will continue both to damage the Jarratts and deceive the public unless enjoined by
this Court.
COUNT 3

Common Law Trademark Infringement, Unfair Competition, and


False Designation of Origin or Description

57.

The Jarratts incorporate the preceding Paragraphs of their Complaint as if fully rewritten

here.
58.

Defendants' use of Jarratt Indusries and Jarratt Industries is likely to cause confusion,

mistake, or deception as to the source or sponsorship of the Jarratts.


59.

Defendants' sale of infringing plates under the trademark Jarratt Indusries and Jarratt

Industries, constitutes commercial use of a trademark, or a false designation of origin, or. a false
or misleading description or representation of fact which is likely to cause confusion, mistake or
deception as to the affiliation, connection or association of Defendants with the Jarratts, or as to

10

Case 5:16-cv-05302-PKH Document 1

Filed 10/25/16 Page 11 of 17 PageID #: 11

the origin, quality, sponsorship or approval of Defendants' goods or associated activities thereby
causing damage to the reputation of the Jarratts' products and trademarks.
60.

Defendants deceived and continue to deceive potential customers by misrepresenting the

Defendants' goods as the Jarratts' own goods.


61.

Defendants deceived and continue to deceive potential customers by misrepresenting the

Defendants' goods as Made in the USA.


62.

Defendants' misconduct alleged herein constitutes commercial use of a trademark, or a

false designation of origin, or a false or misleading description or representation of fact which in


commercial

advertising

or

promotion

misrepresents

the

characteristics

or

qualities

of

Defendants' products or commercial activities.


63.

By engaging in the misconduct alleged herein, Defendants have infringed the Jarratt

Industries mark and the Jarratt Industries' rights in the Jarratt Industries mark.
64.

Defendants' knowledge of the Jarratt Industries' prior use of the Jarratt Industries mark

demonstrates such activities were, and remain, willful and intentional.


65.

Defendants' willful and intentional acts of infringement have caused and are causing

great injuries to the Jarratts' business, the value of the Jarratt Industries mark, and the Jarratts'
goodwill and reputation, in an amount that cannot yet be ascertained. The Jarratts are entitled to
an award of damages compensatory of these injuries caused by Defendants, the continuation of
which unless restrained, will cause further irreparable injury and damage, leaving the Jarratts
with no adequate remedy at law.
66.

Defendants' continued unauthorized use of the Jarratt Industries mark constitutes

common law trademark infringement and unfair competition.

11

Case 5:16-cv-05302-PKH Document 1

67.

Filed 10/25/16 Page 12 of 17 PageID #: 12

By reason of Defendants' misconduct, the Jarratts are entitled to preliminary and

permanent injunctive relief against Defendants,_ and anyone acting in concert with Defendants,
enjoining further acts of infringement, unfair competition, false advertising and false designation
of origin.
68.

As a direct and proximate result of the intentional misconduct of Defendants alleged

herein, the Jarratts are entitled to recover Defendants' profits in an amount to be determined at
trial, plus enhanced damages based on Defendants' willful, intentional, and/or grossly negligent
acts, plus attorneys' fees.
COUNT 4 - Violation of the Arkansas Law under Deceptive Trade Practices Act
(Ark. Code Ann. 4-88-101, et seq.)

69.

The Jarratts incorporate the preceding Paragraphs of their Complaint as if fully rewritten

here.
70.

Defendants' acts constitute unfair trade practices in violation of the Arkansas law and

specifically the Arkansas Deceptive Trade Practices Act, Ark. Code Ann.

4-88-101, et seq., for

at least the following reason:


a.

Defendants are using the Jarratt Industries mark knowingly to make false

representations as to the characteristics, uses, benefits, source, quality sponsorship or approval of

Defendants' infringing products; and


b.

Defendants, by causing confusion as to origin of their services and products, are

engaging in unconscionable, false or deceptive acts or practices in business, commerce or trade.


71.

Defendants deceived and continue to deceive potential customers by misrepresenting the

Defendants' goods as Jarratts' own goods.

12

Case 5:16-cv-05302-PKH Document 1

72.

Filed 10/25/16 Page 13 of 17 PageID #: 13

Defendants deceived and continue to deceive potential customers by misrepresenting the

Defendants' goods as Made in the USA.


73.

Defendants' willful and intentional acts have caused and are causing great injuries to the

Jarratts' business, the value of the Jarratt Industries mark, and the goodwill and reputation, in an
amount that cannot yet be ascertained.
74.

By reason of Defendants' misconduct, the continuation of which, the Jarratts are entitled

to preliminary and permanent injunctive relief against Defendants, and anyone acting in concert
with Defendants, enjoining further acts of infringement, unfair competition, false advertising and
false designation of origin.
7 5.

Furthermore, in view of Defendants' knowledge of the Jarratt Industries' prior use of the

Jarratt Industries mark, such activities were, and remain, willful and intentional.
76.

As a direct and proximate result of the intentional misconduct of Defendants alleged

herein, the Jarratts are entitled to recover Defendants' profits in an amount to be determined at
trial, plus enhanced damages based on Defendants' willful, intentional, and/or grossly negligent
acts, plus attorneys' fees.
COUNT 5-Tortious Interference with Prospective Business Relations
77.

The Jarratts incorporate the preceding Paragraphs of their Complaint as if fully rewritten

here.
78.

At all times material hereto, the Jarratts' have had prospective business relations and

expectancies with customers of the Jarratts' products sold under the Jarratt Industries mark and
company name and the '187 patent.
79.

Defendants were aware of, or should have been aware of, said prospective business

relations.

13

Case 5:16-cv-05302-PKH Document 1

80.

Filed 10/25/16 Page 14 of 17 PageID #: 14

The misconduct of Defendants alleged herein tortiously interfered with said business

relations, and with said prospective customers and expectancies; such misconduct includes,
among other things redirecting customers searching for the Jarratts' goods to Defendants'
competing infringing goods that infringe the Jarratts' patent and trademark and goods that are
deceptively marketed to the public as Made in the USA.
81.

Defendants' continued unauthorized use of the Jarratt Industries mark has interfered with

and impaired the Jarratts' ability to advertise and serve its customers.
82.

Defendants have employed improper means by using the Jarratts' mark without the

Jarratts' consent.
83.

Defendants deceived and continue to deceive potential customers by misrepresenting the

Defendants' goods as Jarratts' own goods.


84.

Defendants have an improper motive to profit from and exploit the Jarratt Industries mark

on confusingly similar goods without the Jarratts' permission and without compensation.
85.

In view of Defendants' kllowledge of the Jarratts' competing business and goods, such

deceptive activities were, and remain, willful and intentional. The Jarratts and the public have
been injured by such activities.
86.

As a direct and proximate result of the misconduct of Defendants alleged herein, the

Jarratts are entitled to recover Defendants' profits in an amount to be determined at trial, plus
enhanced damages based on Defendants' willful, intentional, and/or grossly negligent acts, plus
attorneys' fees.
87.

Some of the misconduct of Defendants alleged herein has been committed with malice, or

with reckless disregard for the injury that such misconduct would cause to the Jarratts, entitling
the Jarratts to punitive or exemplary damages.

14

Case 5:16-cv-05302-PKH Document 1

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WHEREFORE, the Jarratts request a jury trial on any issues so triable, and the Jarratts

respectfully pray for the following relief:


A.

Judgment that Defendants willfully infringed the '187 patent in violation of 35 U.S.C.

271(a);
B.

An award of damages adequate to compensate Jarratt for the patent infringement that has

occurred pursuant to 35 U.S.C.

284, which shall be trebled as a result of Defendant's willful

patent infringement, or an award of Defendant's profits from its infringement pursuant to 35


U.S.C.

289, whichever is greater, together with prejudgment interest and costs;

C.

A preliminary and permanent injunction against further infringement of the '187 patent

by Defendants, their agents, servants, employees, officers, and all others controlled by them;
D.

An award to Jarratt of attorney's fees, costs, and expenses in this action pursuant to 35

U.S.C.

285, with prejudgment interest; and

E.

A preliminary and permanent injunction enjoining Defendants, their employees,

agents, officers, directors, attorneys, representatives, successors, affiliates, subsidiaries and


assigns, and all those in concert or participation with any of them from:
(a)

imitating, copying, using, reproducing, registering, attempting to register and/or


displaying any mark so resembling any of the Jarratt Industries' marks as to be
likely to cause confusion, mistake or deception therewith;

(b)

using any false description or representation or any other thing calculated or likely
to cause consumer confusion, deception or mistake in the marketplace with regard
to the Jarratt Industries' marks or products sold thereunder;

(c)

An order for corrective advertising in a form, manner and frequency that is


acceptable to the Jarratts and the Court;

15

Case 5:16-cv-05302-PKH Document 1

F.

Filed 10/25/16 Page 16 of 17 PageID #: 16

An order directing that Defendants file with the Court and serve upon counsel for

the Jarratts within thirty (30) days after the entry of such order or judgment, a report in writing
and under oath setting forth in detail the manner and form in which it has complied with this
Court's orders;
G.

Judgment against Defendants, awarding the Jarratts such damages which have

been sustained or will sustain by reason of Defendants' acts of patent infringement, trademark
infringement, and unfair competition and that such sums be trebled pursuant to 15 U.S.C.
1117;
H.

Judgment against Defendants, awarding the Jarratts all profits of Defendants

resulting from its misconduct alleged herein, in an amount to be proven at trial;


I.

Judgment against Defendants, awarding the Jarratts enhanced damages based

upon Defendants' profits after an accounting thereof, including all statutory enhancements and
other enhancements on account of the willful nature of Defendants' misconduct;
J.

An award of prejudgment and post judgment interest;

K.

An award of the Jarratts' costs iand expenses, including, without limitation, the

Jarratts' attorney's fees incurred herein pursuant to 15 U.S.C. 1l17(a); and


L.

All other relief, in law or in equity, to which the Jarratts may be entitled, or which

the Court deems just and proper.

Respectfully submitted,
Hugh Jarratt, and
Jarratt Indus

lo-\- \l,

Date

s, LLC, Plaintiffs

Stephen D. Schrantz

Arkansas Bar No. 2006215

16

Case 5:16-cv-05302-PKH Document 1

Filed 10/25/16 Page 17 of 17 PageID #: 17

Schrantz Law Firm, PLLC


1000 East Matthews, Suite C
Jonesboro, AR 72401
(870) 275-7838 - Telephone
schrantzlaw@gmail.com

17

Case 5:16-cv-05302-PKH Document 1-1

Filed 10/25/16 Page 1 of 4 PageID #: 18

I lllll l llllll Ill llll llll l llll lll l lllll lllll l lll lll l lllllll II llll llll
USOOD574187S

02)

(54)
(76)

United States Design Patent

(10)

Patent No.:

Jarratt

(45)

Date of Patent:

S * 6/2004
S * 8/2004
D545,127 S *
6/2007
D563,166 S "'
3/2008
2004/0222228 Al * I 1/2004

DIVIDED PLATE FOR SEPARATING FOOD


Invento:

Hugh Jarratt, 1649 N. Viewpoint Dr.,


Fayetteville, AR (US) 72701

(**)

Term:

(21)

Appl. No.: 29/292,196

(22)

Filed:

(51)

LOC (8) Cl.

(52)

U.S. CI.

(58)

Field of Classification Search

14 Years

..................................................

............... .........................

07-01

07/504; D7/555

. ... .. .... . .... ...

D7/500,

220/574, 575, 500


See application file for complete search history.

D363,413
D374,15 l
D428,809
D487,860

Wiedmeyer et al. .... ...... D7/543


Fife ..... ............. .... ...... D7/504

D7/554.2

Woolfolk et al. .. . .......... D7/504


Price ............. ..... ...... .. 220/574

cited by examiner

(7 4) Attorney, Agent, or Firm-Keisling Pieper & Scott PLC;

991426; 211/126.1; 206/557, 561, 521.15;

DJ99,J94

Levien

Stephen D. Schrantz; Trent C. Keisling

D9/426; D28/61, 73; D30/130; 108/25;

DI 15,876

.. .. .... .. .... ..... ..

D490,656

D494,816

Assistant Examiner-Cynthia Underwood

D7/504, 555, 357, 541, 553.1, 553.6, 554.2;

2,677,350

Aug. 5, 2008

Primary Examiner-Philip Hyder

Oct. I, 2007

(56)

US D574,187 S
**

CLAIM

(57)

The ornamental design for a divided plate for separating food,


as shown and described.
. DESCRIPTION
FIG. 1 is a perspective view of a divided plate for separating
food showing my new design;

References Cited

FIG. 2 is a front elevational view of the design ofFIG. l;

U.S. PATENT DOCUMENTS

FIG. 3 is a rear elevational view of the design of FIG. I;

S
A
S
S
S
S
S

*
*

7/1939 Deynzer .. .. ... ...... ........ . D7/541

FIG. 4 is a left side elevational view of the design ofFIG.1;

511954 Prestidge et

FIG. 5 is a r ight side elevational view of the design ofFIG.1;

"

911964

"

10/1995

10/1996 Malvasio

*
*

8/2000

Patton,

Smith

al . ......... 119/61.53

Jr. .................... D7/555

.. ....... ..... ........ . .. .

D7/504

... .... .......... ... .

D7/504

............. ... ..... ... .

D7/504

FIG. 6 is a top plan view of the design ofFIG. 1; and,


FIG. 7 is a bottom plan view of the design ofFIG. 1.

Adair ........ ............ .. ... . D7/555

3/2004 Turner

1 Claim, 3 Drawing Sheets

Exhibit 1

Case 5:16-cv-05302-PKH Document 1-1

U.S. Patent

Aug. 5, 2008

Filed 10/25/16 Page 2 of 4 PageID #: 19

Sheet 1of3

FIG.1

FIG.2

FIG.3

US D574,187 S

Case 5:16-cv-05302-PKH Document 1-1

U.S. Patent

Filed 10/25/16 Page 3 of 4 PageID #: 20

Sheet 2 of 3

Aug. s, 2008

"\.\ti!;-;:

r---*>:-:-u

FIG.4

r i--fi',<---- '>':2:r
FIG.5

FIG. 6

US D574,187 S

Case 5:16-cv-05302-PKH Document 1-1

U.S. Patent

Aug. 5, 2008

Filed 10/25/16 Page 4 of 4 PageID #: 21

Sheet 3 of 3

FIG_ 7

US D574,187 S

Case 5:16-cv-05302-PKH Document 1-2

Filed 10/25/16 Page 1 of 2 PageID #: 22

Walmart Orders One Million Taco Plates From


Local Inventor
POSTED 7:16 PM, JULY 9, 2014, BY ELLEN THALLS

This is an archived article and the information in the article may be outdated. Please look at the time stamp on
the story to see when it was last updated.

A Fayetteville man had an idea to invent a plastic taco-holder when he was a student at the
University of Arkansas, and on Tuesday, Hugh Jarratt had the biggest sale of his life--
Walmart bought one million taco plates.

"I ate way too many tacos in college," He said, "And I got tired of them falling over."

Exhibit 2

Case 5:16-cv-05302-PKH Document 1-2

Filed 10/25/16 Page 2 of 2 PageID #: 23

Walmart had their first ever "open-call" for U.S. inventors as part of a new initiative to get
more American products on their shelves. Jarratt was one of 800 inventors to go before
Walmart buyers to pitch their inventions to secure a sale.

Jarratt's wife and business partner Nicole said reality hadn't sunk in as of Wednesday
afternoon.

"Last night for a second, we were like so we now have to produce a million taco plates," His
wife said, "Where do we start? Where do we go from here?"

The couple said they first started selling their taco plates five years ago at the War Eagle
Craft fair. After selling most of his inventory, Jarratt said he realized he needed to look for a
local manufacturer.

"I Googled injection molding in Arkansas, and the first one that comes up in Poly Tech
Molding Inc.," He said.

The couple said they immediately felt welcomed by the Prairie Grove company, which was
only a 30 minute drive from their home.

"It just feels good to be able to work with people, and give them more business that are
really kind of like our neighbors," Jarratt said.

Poly Tech plant manager Gaylene Deere said the million plate sale will bring in huge
production numbers for their company. Right now the company employees 50 people, but
the massive sale will give the local business an opportunity to employ up to 10 more.
"We are ecstatic," Deere said, "We are really happy for Hugh, and for Poly Tech
Molding...that's going to give us the opportunity to create more jobs in the area and just
grow with him."

Both Jarratt and Deere are proud that the taco plate is a local product. Jarratt is a
Fayetteville native, the manufacturer is in Northwest Arkansas and many of the raw
materials including packaging and dyes come from Fort Smith.

Case 5:16-cv-05302-PKH Document 1-3

Filed 10/25/16 Page 1 of 2 PageID #: 24

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Case 5:16-cv-05302-PKH Document 1-3

Filed 10/25/16 Page 2 of 2 PageID #: 25

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Case 5:16-cv-05302-PKH Document 1-4

Filed 10/25/16 Page 1 of 6 PageID #: 26

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Share

(Set/4) Taco Divider Plates Set Keep Shells Upright Dish W/ Side
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Case 5:16-cv-05302-PKH Document 1-4

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This item: (Set/4) Taco Divider


Plates Set - Keep Shells
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Fiesta Taco Pl ates SP.t of 4


by Wa!terDrake

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Fiesta Taco

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Customer Rat ing

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$14.95

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solid differnent

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Case 5:16-cv-05302-PKH Document
1-4
v U-

Material

Pla stic

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Filed 10/25/16 Page 3 of 6 PageID #: 28

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feature

Product Description
Taco Divider Plates Set
Handy plates with dividers

keep hard or soft taco shells upright while you prepare AND eat them! Includes separate sections for rice, beans
is grease and stain resistant. Set of 4. Microwave/dishwasher safe. US made. 13'x 8. 75'.

or other sides. High-density reusable plasbc

Product Information
9

13 x

ltemWeight

15.2 ounces

Feedback

2 inches

Product Dimensicms

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15.2 ounces (View shipping

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rates

and policies)
Manufacturer

JARRATT INDUSRIES LLC

ASIN

BOOL3H82DQ

Customer Reviews

trJ:rk'trtl

28 customer

reviews

4.8 out of 5 stars


Best Sel!ers Rank

#30,972 in Home

& Kitchen (See

Top 100 in Home

& Kitchen)

#44 1n Kitchen & Dining > Tabl et op


> Plates > Accent Plates

Date first available

at

June

1 a. 2014

Amazon.com

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Case 5:16-cv-05302-PKH Document 1-4

Filed 10/25/16 Page 4 of 6 PageID #: 29

Customer Reviews

4.8 out of 5 stars T


5 s tar
4

star

star

?. 51ar

,..------....._,

86%

Share your thoughts with other customers

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customer re,iews

Top Customer Reviews

Ad feedback 0

*1rtrt:l* Terrific Taco Plate!


By

Pierrot o n

September 19 2016

Most Recent Customer Reviews

Verifie<l Purchase

We do

Taco Tuesdays,

and I

have been looking for a gift for my daughter "The

No only do we have the upright holders for her tacos,

but now

Cook".

These are just perfect!

we have separate places for beans, salad, rice.

olives or sour cream. The tacos stay crisper now!

*****

Fun plates

Love these plates. TI1ey are fun and colorful Easily

holds your tac os and sides. Also dishwasher safe for


easy clean up.

Comment

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TJJ."ti:'trtr<tl:

Great product for the price!

r-y;-j

Published 1 month ago by Oa'hn

Report abuse

***** Five Stars


It

By Lou G on February 22, 2015


Verified Purch3.se
Great product for the price. The photo shown looks almost what my

tacos I made when

I first

tried it. So

handy to keep taco shells upright, whether solid shells, m fried soft shells, or plain flour tortillas. I bought a
set for my Dad in NM also, and he likes them!

One

Comment

per son found this

1f"k1f"t?<{;rLove
Perfect for Taco Tuesday!
Publishe'14

helpful. Was this r eview helpful to you?

Report abuse

months ago b; Doug

***** I

love to use these plates.

These plate help keep you taco filling in the taco

i'<*'n'.'n:r Great!
By Patric e

was exactly as pictured.

Published 3 months ago by Amazon Customer

shell.

Salinas on May

16, 2015

Published 5 months ago by scubadiver

Veritied Purchase

At first I

didn't think the holders were deep enough. But I was wrong. These were so ni for serving tacos and

some sides.

I wanted them for dominoe night,

they were perfect. And such colors! My friends loved them. I

would definitely recommend.

***** Five Stars


These are great for taco night! Love that they're
microwaveable and dishwasher safe.
Published 7 months ago by Ji!!

Comment

Was this review helpful to you?

1411r***

Absolutely LOVE these plates

Report abuse

****'* Five

Stars

Finally able to keep our tacos upright'


Published B months

By Deana Gascoigne on August 24, 2016

ago by debra a porwoll

Venf:ied Purchase

Absolutely LOVE these plates . I use them in our camper. We love hard shell tacos and these make dishing
up for a meal very easy. They aren't very big if you want large servings of sides (beans, rice. etc ... )
can always go back for seconds. The important thing is that making your tacos is a

but you
breeze! When camping

***tI-* Very Good

Seller

Taco plates arrived

shape just as advertised

surgeries

easy to hold onto.

Publishe'1 8

Was this re,ew helpfJI to you?

":d4<{;r"(J.r(J(

L.....:".....

25, 2015

*"**** Nice deal, good size.

My husband and I love tacos and always fight to keep them upright when filling them up. These plates
'OU to fill three tacos and keep them from tipping over and spilling the goods. LOL
TI1e two areas at the front are great for rice and beans. We love taco night at home even more now.
Comment

Was this

t::r1rtrlir1:

These plates work great for taco night

By

Linda

Five Stars

Publishe'1 8 months ago by Carrie Kennedy

'.k:rified Purchase

reV1ew helpful

to you?

Report abuse

allow

Nice deal. good size.


Published 1 year ago by

****\')

Taajer

fun to use

does the job wish it was stiffer. but they sure are fun
to use.

Published 1 year ago by 4birds

F Elliott

on April

21. 2015

of illness &

LOVE this!!!!! These are great!l!

Fun and functional

By Renata P on July

Product!

months ago tr1 Mikey Faulds

*****

Report abuse

&

Sorry Fm so late with review, because

we don't always have a "table" to sit at so we are sitti ng in chairs to eat. These plates are light weight and

Comment

in good

Search Customer Reviews

Case 5:16-cv-05302-PKH Document 1-4

Filed 10/25/16 Page 5 of 6 PageID #: 30


L
J lif@I

These plates work great for taco night. It's so ni ce to have the tacos keep falling over on the plate. My
granddaughters love them and enJOY picking out the color tha want for that meal. Anyone who eats tacos will

enjoy th e convenience of use.

pful

One person found th15 helpfui Was this reV1ew hel

Comment

*****
By Shirley

Report abuse

to you?

Five Stars

E on May 15, 2015

Verified Purchase

tto

Love them and they e en work with the flat bo


Comment

2 people found this he l

1;(1;('f:l-tr*

Perfect!

By

______ ________

pful.

m taco's.

pfu

i to you?

im y- l c 14 1 Report abuse

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Was this Te\lleW hel

A. Ellis on January 7. 2015

Verified Purchase

Perfect plates for tac

Comment

night[

people found this helpful

See all 28 customer reviews (newest first)

Write a customer review

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Case 5:16-cv-05302-PKH Document 1-4

Filed 10/25/16 Page 6 of 6 PageID #: 31

Case 5:16-cv-05302-PKH Document 1-5


aon
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Filed 10/25/16 Page 1 of 6 PageID #: 32

Cutiery

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A>:-(Bnt Plates

Fiesta Taco Holder Plates Set of Six Multi

1'2'.111 W

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POCAHONTAS, AR 72455

6 Taco Plates
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!

0 This item: Fi es ta Taco


0 IMUSA.

Holder Plates Set of Six

t>.dd both to U.1

Mul ti

Colored Plates

MEXl-1000-TORTW. TorU!ia Warmer. Brick Color. 8 5-inches

$22.49

$5.99

l'fi&MI@

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****il2
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'f:rtrl"t;'. 302

TORTW. Tortilla Warmer,

$7 01

Brick Color. 8 5-inches

./Prime

383
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Norpro 1062 Taco Rack

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TacoProper Taco Holder


FiestaPak Set of 12

****(l 402
$9.99

Exhibit 5

Page

1 of6

Case
Document
1-5
Perlli
i5:16-cv-05302-PKH
l d Condiment
Sunselia Buddy Boxes
Ch l e

Ser;er en ice with

Removable Containers

Filed 10/25/16
Page
PageID
#: -33
Wo.,,i
y
Bowl
Safe, Heavy
Duty 2 of 6
Pistachio

Modern Innovations

o.,,n

3 Compartment

Stainless

Stainless Steel Bakin g

Contamers (4 Pack)

Wine Glasses,

Steel Stemless

Set of 4,

SeMng lray

Reusable Bento Lunch ...

18 Oz Made of

i'{60
$21.99 ./Ptinw

****{.? 932
$13 89 ./Prime

**frlrl:! 97
$34. 99 ..A>rlme

Rack & Cooling Rack, 12


x 17 inches Fits Half.

Bowl
with Prsiachios Shell
Double D;sh Nut
Storage

Green

*****372

***** 49

$16.99 .;p,,,,,.,

$13 .97 ../Pfi,,,,,


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Product Description

Perfect

for parties

Prodm::t Information
Size:6 Taco

Plates

Warranty & Support

Product Oimensmns

14.4 x 8.5 x 2-2 inches

ltemW.,.ight

1.6 pounds

Product Warranty:

1.6 pounds (View sh;ppmg rates and

Feedback

Shippmg Weight

For warranty information about this product. please cllck here

pohcies)
Manufacturer

Jarratt lndustnes

ASIN

B009YKH3MO

Customeir

reviews

****ii

Would you like to gwe

feedback on images?

Would you like to tell us about a lower price?

54 customer

4-4 out of 5 stars


#37,993 in Home and Kitchen (See Top

Best Se!lers Rank

100 ;n Home and K;!chen)

#54 in

Kitchen & Dining >Tabletop>

Plates> Accent Plates

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This item: Fresta Taco Holder

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of Six Multi Colored

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Shells Upright Orsh W/ Side

(Set/4) Taco Divider

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Keep

iorange.lyellow

Plates

Sections

Customer Rating

f!ltttrtJ (54i

***14>':?

Price

S22.49

Shipping
Sold By

Color

(115)

***** (28)

'llf!it1ri? (35)

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CT DISCOUNT STORE

Natural S t ate Mercantr!e

CT DISCOUNT STORE

Wire Whisk

As so rt ed

Red. blue, orange and green. each

Red

green. orange, yellow. blue

0.85 pounds

0.95 pounds

1.1 pounds

Plastic

Plastic

Plastic

plate is a sol.id diflement color


Item Package Weight

Material

Set of<! Green/blue

Fresta Taco Plates, Set of 4 by

1.6 pounds
Plastic

Case 5:16-cv-05302-PKH
Document
[ AddtoCart j
Add to1-5
Cart

Add toeart I #: 34
Filed 10/25/16
3 of 6 IPageID
AddtoCart Page
j

Please help us im prove this feature. Tel! us wnal you think of this feature.
Sponsored Products Related Io This Item (What's this?)

! <

Page 1of12

.>

'

Premium

Taco Ho lders

Premium Quality Taco

Restaurant Style Mexican

Stands. Rustproof

100%

48025

(Prerrnum-Packj Long

New Star

Lasting 3-Compartment

Steel Condnnent

Taco Holder
Of 2 Sy ROWUX i

The Ultimate

Stainless

Set

wnh 4

P remium Stainless Sleei

Food Sta111less Steel

Sta111less Steel Holders

BPA FREE Stackable

Dispenser

Rack Stand Hold s

for Hard or Solt Shell ..

Meal Prep Food...

Compartments

Taco Racks I Easy To..

*****107
S 13. 99 YPrinw

***24
$13 75 ..h>rime

1rtz:f:rltrl:t 636

*58

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S19.38 ../Prime

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Customer Questions & Answers


0,.,

HzrJt- a qu(:stlor(>

A.
0
vot es

Sr::-:i.rch fur answar..;


What material is used?

Question:

Plastic .

Answer:

By

"'
A.
0

votes

Patricia A Smith on

Question:

Are these BPA free?

Answer:

Yes they are BFA free

March 21

By Boen Sales on December

"'

2015

24 2015

SELLER

"' See more answers (2)

A.

What's th size of th e plates?

Question:

13" x

Answer.

votes

9"

8' Patnc1a A.

..,..

Smith on May 4 2015

Customer Reviews

4.4 mit of S
5

f!tars "'

star

74%

4 star

-----: 17%

3 star

3%

2 sta1

2%

1 star

i'"----...

--.,,

Share y o ur thought s with other customers

! Write a customer relliew !


l________i
Tide Pods HE T u rbo Launary Detergent Pacts

4%

See all 54 customer reV1ews

fil"41.Prlii? 113

$18.04 vPtlme

Save. sa.;1 ;'.>:%)

Top Customer Reviews


Ad feedback Q

***><t.rtl:

Awesome Plates

By Libby Cherry on A.prii

SlZe 6 Tato

iiJ. 2013

Most Recent Customer Reviews

Venfied Purchase

Plates

frequently. I just bought these several weeks ago and they are great! Well made, holds
can load them up. and wash up nicely in the dishwasher

We love tacos and have them pretty


our tacos well so we

***'(:rC:l Looking forward to double dip of


pleasure!!
They are very cute

Comment

1"****

Great!

people found this helpiui Was this m;ew helpful to you?

and rm

sure

I will en1oy them.

Had a

specific plan m mind and then plans changed so havenl

Report abuse

actually used them yet!

By Earl Chandler on

Size

6 Taco Plates

Published 11

January 17. 2014


Veri!ietl Purchase

Gave these as a gtfl and did they go over big!! Will order some for myself. Like that there are

6 and not the normal 4 in

pkg

Comment

*'****

da1s ago by Eitee-n

***** Five Stars


plates are larger than we thought which 1s

The

great and

they are perfect !

f'ublished 20 da1s ago by Lyon Milne


6 people found this helpful Was this re,iew helpful to you?

Taco Eatin Essentials

By Jeff on Febmary

14. :'.015

I Y [ - N; -J Report abuse
1

*****

Fun and Festive!!

These dishes are really nice and work great for seo.ing
tacos. They are sturdy

fun!

and

roomy

and very colorful.

Lots of

Case 5:16-cv-05302-PKH Document 1-5

all of the co nt ents on th e table. Now, you

can put that off until you

bite into th e taco

Filed 10/25/16 Page 4 of 6 PageID #: 35


Puonsnea 21 oays ago oy Luzuma

These plates are great on "Taco N ight... No more v.ill you perfectly construct your t aco s only to

have them fall over and spill


and the bottom cr ac ks and spills the

cont ents down your shirt ffont.

'llr**'kw Nice set


Great set of bowls for company, easier to serve salsa and
ch ips or dip and veggies.

One person found this heipful

Comm ent

Was thi s re'llew helptV to you?

Pub!Jshed 1 month ago

irtrizw Ta co night just got more fun and less messy


By M. Aziz on September 23 2014
Size 6 Taco Plates

****'* So convenient!

pl atesf The colors are fun.

Microwaveable and dishwasher safe

salsa and its great the re is

people found tl11s

hel pfu L

Was tl11s

. .] Report abuse

re;iew he lpful to you?

just one

them for chips and

dish to clean.

Published 1 nw11h ago by Amanda J

Q uality Made in the USA enough said!

Comment

by b1ue eyes

These bowls are amaz ing! I u sually use

Vemied Purchase

Taco night just got more fun and less messy. LO''e these

Nice array of colors. Great for

summer time outdoors, no worry about gl as s breaking.

Report abuse

***** Five Stars


Cute
Publishe<l 1 monn1 ago by AHson

'A''iill"** These plates are such a great idea. They have space for three to four ...
By MySnow on March 11!, 2016
Size: 6 Taco Plate s

1'r'k1l-** Great for parties

Venlied Purcllue

Purchased the set of six

taco

plates for use

by our family

I purchased these to use at a large gathering so that each


chips and dips. Worked great .
Oh, and they wash beautifully in the top shett of the

of ffequent taco makers and eaters. Yay! No more taco ho lders

table would haw ifs own

that slide all over your plate. These plates are such a g reat idea They have space for three to four tac os : we make the
regular hard shell tacos. Two sections al one end can hold extras such as refried beans, toppings. The length of the
i nternal space of the

plate is 11

inches; this is not including the external lip of

the plate ,

dishwasher.

so a \'l!fY good size. S turd y and

Published 1 month

easy to hold .
Comment

One person found this helpful.

Was thi s re'/lew helpfui to you?

1'1fr11l** Taco night is so much better with these


plates

[ 'f.i:!] [.J Report abuse


__

of you tacos falling over as


plates'!! LOVE

scientific mom on October 28 2()14

Size

6 Taco

Published 1 month a90 bt A.mazon Customer

Plates

We love these, the kids especially. And ii

with these plates! tt your tired


you make them you need these

Taco night is so much better

** great for parties, and kids!


By

a go by Oleta Mcgregor

makes fil ling tacos

much easier! The smallest taco slot definitely onty fits what

would cal l a "regular" size taco shell. The bigger ones they ha\'1! in stores l ately fit in the other two slots. The sta n d n stu1f'

flat bot toms donl fit. however. these stand them for you anyway! For people who want both hard and soft
shell, I put the soft shell m th e middle bet.veen two hard shells and they hold the soft shell up.
The two side spots fit rice and beans well. or guacamole, sour cream, pico de gallo, etc. We\.., put them in the micr owave
and dishwasher (top rack) may times, and they hawnl warped or anything. Ordering more as a gilt!
shells with the

"'1fi1rf11r(:r(; Three Stars


what I expected
Published 3 months ago !>'!Kenneth R. McMil!an

not

"'1f'1rir1rCr Otherwise a very good buy.


Wish the dish itself was a little deepe r . Tacos want to bend

Comment

'{;rk

Taco Ptates

By

Magda on

Size

6 Taco

people found this hel pfu l \Nas !his rei.ew helpful to you?

f..-..i:J i. _!_:>_J Report abuse


_

in assorted colors

Verified Purchase

,<>-

TACO PLATES:

At last. NO

Published 4 months ago by Barbara H

Search Customer Reviews

December 28. 2013

Plates

over and not sta nd upright. Otherwise a very good buy.

J ''d'

more spilled tacos. These work great and makes it easier to make tacos and have them stand up!

Like the color asst. too

Comment

J p eopl e found this helpfui. Was this re-.irn helpful to you?

L!_e.::_ _ j

Report abuse

1'Ji''lf:r*tt THE BEST


By JK Brad y on J anu ary 7. 2014
Size: 6 Taco Pl ates 111'rilied Purd>aR
These are so fun and fuclionablell We love them! an d all the children want them also ...( will give them the website:)

Comment

See all

2 peo ple found this

customer

hel pful .

Was this re-,,ew helpful to you?

reviews (newest first)

Report abuse

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This item: Fiesta Taco Holder Plates Set of Six Multi Colored Plates

, s;;;;J. .
l----- --- --- ----- .

Customers Who Viewed This Item Also Viewed

Page

1of11

Case 5:16-cv-05302-PKH Document 1-5

Filed 10/25/16 Page 5 of 6 PageID #: 36

>

<

Fiesta Taco Plates Sel of

(Sel/4) Taco DMder Plates

TacoProper Taco Holder

Taco Stand Up Holders

4 by WalterDrake

Set - Keep Shells Upnght

F1estaPak

Pack

****":,- 115

Dish WI Side Sections


**28

Set of 12
402
$9 99 ./Prfmf!

$14 49 ./Ptlme

Set of2 Fiesta Taco Tray


Perfect for SefVlng Taco's

***1rtr203

516.94 ./Ptint'1

$18 00 ./Prime

$14 95 .,Prime

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Case 5:16-cv-05302-PKH Document 1-5

Filed 10/25/16 Page 6 of 6 PageID #: 37

Case 5:16-cv-05302-PKH Document 1-6

Filed 10/25/16 Page 1 of 1 PageID #: 38

amazon
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tnnntoiy

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Case 5:16-cv-05302-PKH Document 1-7

Filed 10/25/16 Page 1 of 1 PageID #: 39

Exhibit 7

Case 5:16-cv-05302-PKH Document 1-8

Filed 10/25/16 Page 1 of 1 PageID #: 40

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