Case 3:18-cv-07280-SK Document 1 Filed 12/05/18 Page 1 of 4

1 James C. Eschen
California Bar No. 117010
2 55 River Street, Suite 100
Santa Cruz, CA 95060-4567
3 Tel: (831) 458-0502
Fax: (831) 426-0159
4 Email: Eschenlaw@cruzio.com

5 Attorney for plaintiff Cassar Industries, Inc.

6
7
8 UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA

10 SAN JOSÉ DIVISION

No. 5:18-cv-7280
11 Cassar Industries, Inc., doing
business as FlexSweep Complaint for Damages and Injunctive
12 Industries, Relief
13 Plaintiff,

14 v.

15 Horizon Global Americas, Inc.

doing business as Cequent
16 Consumer Products,
17 The AMES Companies, Inc., doing
business as Harper Brush
18 Works,
19 Defendants.

20 Plaintiff Cassar Industries, Inc. complains as follows:

21 1. Cassar Industries is a California corporation with its principal place of business in

22 Santa Cruz County, California.

23 2. Defendant Horizon Global Americas, Inc. is a Delaware corporation with its

24 principal place of business in Plymouth, Michigan. Horizon Global Americas is the

25 successor corporation to Laitner Brush Company and to Cequent Consumer Products,

26 Inc.

27 3. Defendant the AMES Companies, Inc. is a Delaware corporation with its principal

28 place of business in Camp Hill Pennsylvania. The AMES Companies bought Harper

Complaint for Damages and Injunctive Relief

 Case 3:18-cv-07280-SK Document 1 Filed 12/05/18 Page 2 of 4

1 Brush Works from Horizaon Global Americas in 2018.

2 4. This court has jurisdiction of this case under Title 28, United States Code, section
3 1338.
4
5 FIRST COUNT (Contributory Trademark Infringement)
6 5. Plaintiff incorporates paragraphs 1 through 4 into this count.
7 6. In 2001, the United States Patent and Trademark Office issued patent number
8 6,279,189 to Simon Cassar for a “flexible insert with stop limits for brush broom handles”
9 that makes brush handles virtually unbreakable. Cassar assigned the patent to plaintiff.
10 7. In 2008, plaintiff began selling FlexSweep broom connectors to defendants.
11 8. After Cequent Consumer Products bought Laitner Industries, it continued to buy
12 FlexSweep broom connectors. Cequent marketed the connectors on brooms and mops
13 under the brand names Laitner, Cequent, and Harper, placing them on the following
14 products:
15 Cequent Product No. Product
16 918 Deck scrub brush
17 1421 28-inch indoor broom
18 1422, 1422A 18-inch heavy-duty broom

19 1423, 1423A Outdoor rough 18-inch broom

1425A 24-inch soft-sweeping indoor push broom
20
1426A 24-inch medium sweeping push broom
21
1434, 1434A 24-inch heavy-duty contractor-grade push broom
22
1435, 1435A 24-inch rough-surface push broom
23 574552A 24-inch squeegee
24
9. Defendants marketed their products to distributors as incorporating FlexSweep
25
connectors, including by describing its products as “Laitner FlexSweep” brooms and
26
squeegees and as containing “flexsweeps [sic] patented shock absorbing connector.”
27
10. In 2013, plaintiff registered the trademark “FlexSweep” with the Patent and
28

Complaint for Damages and Injunctive Relief

 Case 3:18-cv-07280-SK Document 1 Filed 12/05/18 Page 3 of 4

1 Trademark Office for use on brooms and mops.

2 11. In 2015, defendants stopped incorporating FlexSweep connectors into their
3 products.
4 12. Defendants neither told its distributors that their products no longer incorporated
5 FlexSweep connectors nor changed the product numbers. As a result, defendants’
6 distributors continued marketing the products as incorporating FlexSweep connectors.
7 13. The continued distribution of defendants’ brooms and squeegees as incorporating
8 FlexSweep connectors has taken advantage of plaintiff’s goodwill in the name
9 “FlexSweep.” It has injured plaintiff by depriving it of sales to persons intending to buy its
10 unbreakable connector. Defendants have caused plaintiff injury in an amount to be
11 determined at trial.
12 14. Plaintiff’s injuries are irreparable because it cannot recover the goodwill that
13 defendants have taken advantage of.
14 15. Unless this court requires defendants to notify their customers that its products do
15 not contain FlexSweep connectors, plaintiff will continue to suffer irreparable injury.
16
17 SECOND COUNT (False Description, against all defendants)
18 16. Plaintiff incorporates paragraphs 1 through 15 into this count.
19 17. After defendants stopped buying plaintiff’s connectors, they marketed their
20 brooms as having a “patented unbreakable connector.”
21 18. Defendants’ description of the new connectors is misleading. A design patent
22 protects the connectors. To the average consumer, the word “patented” connotes a
23 technological innovation, not a unique design. Defendants strengthened that connotation
24 by juxtaposing to “patented” the word “unbreakable,” suggesting that the patent concerns
25 to the connector’s unbreakable nature.
26 19. Defendants misleading description of its connectors injures plaintiff because it has
27 the only invention patent for an unbreakable connector.
28 20. Defendants’ misleading description of its connector has caused plaintiff to lose

Complaint for Damages and Injunctive Relief

 Case 3:18-cv-07280-SK Document 1 Filed 12/05/18 Page 4 of 4

1 sales of its patented connector in an amount to be determined at trial.

2 21. Defendants’ continued use of its connector as patented will cause plaintiff
3 irreparable injury.
4
5 Wherefore, plaintiff prays judgment as follows:
6 1. Compensatory damages;
7 2. Preliminary and permanent injunctions (1) mandating that defendants inform their
8 distributors that its products no longer incorporate defendants’ connectors and (2)
9 prohibiting defendants from describing their products as containing “patented
10 unbreakable” connectors when no invention patent protects them.
11 3. Costs of suit, including reasonable attorney’s fees.
12
13 Dated: November 29, 2018
James C. Eschen
14 Attorney for plaintiff Cassar Industries,
Inc.
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Complaint for Damages and Injunctive Relief

JS-CAND 44 (Rev. 06/17) Case 3:18-cv-07280-SK Document 1-1 Filed 12/05/18 Page 1 of 2
CIVIL COVER SHEET
The JS-CAND 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law,
except as provided by local rules of court. This form, approved in its original form by the Judicial Conference of the United States in September 1974, is required for the Clerk of
Court to initiate the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
Cassar Industries, Inc. Horizon Global Americas, Inc.; The AMES Companies, Inc.
(b) County of Residence of First Listed Plaintiff Santa Cruz County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

James C. Eschen (831) 458-0502

55 River Street, Ste. 100, Santa Cruz CA 95060-4567
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
PTF DEF PTF DEF
1 U.S. Government Plaintiff 3 Federal Question Citizen of This State 1 1 Incorporated or Principal Place 4 4
(U.S. Government Not a Party)
of Business In This State
Citizen of Another State 2 2 Incorporated and Principal Place 5 5
2 U.S. Government Defendant 4 Diversity of Business In Another State
(Indicate Citizenship of Parties in Item III)
Citizen or Subject of a 3 3 Foreign Nation 6 6
Foreign Country

IV. NATURE OF SUIT (Place an “X” in One Box Only)

CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure of 422 Appeal 28 USC § 158 375 False Claims Act
120 Marine Property 21 USC § 881 423 Withdrawal 28 USC 376 Qui Tam (31 USC
310 Airplane 365 Personal Injury – Product
130 Miller Act Liability 690 Other § 157 § 3729(a))
315 Airplane Product Liability
140 Negotiable Instrument 367 Health Care/ 400 State Reapportionment
320 Assault, Libel & Slander LABOR PROPERTY RIGHTS
150 Recovery of Pharmaceutical Personal 410 Antitrust
330 Federal Employers’ 710 Fair Labor Standards Act 820 Copyrights
Overpayment Of Injury Product Liability 430 Banks and Banking
Liability 720 Labor/Management 830 Patent
Veteran’s Benefits 368 Asbestos Personal Injury 450 Commerce
340 Marine Relations 835 Patent─Abbreviated New
151 Medicare Act Product Liability
345 Marine Product Liability 740 Railway Labor Act Drug Application 460 Deportation
152 Recovery of Defaulted PERSONAL PROPERTY 470 Racketeer Influenced &
350 Motor Vehicle 751 Family and Medical 840 Trademark
Student Loans (Excludes 370 Other Fraud Corrupt Organizations
355 Motor Vehicle Product Leave Act
Veterans) 371 Truth in Lending SOCIAL SECURITY
Liability 790 Other Labor Litigation 480 Consumer Credit
153 Recovery of 380 Other Personal Property 861 HIA (1395ff)
360 Other Personal Injury 791 Employee Retirement 490 Cable/Sat TV
Overpayment Damage Income Security Act 862 Black Lung (923) 850 Securities/Commodities/
of Veteran’s Benefits 362 Personal Injury -Medical
Malpractice 385 Property Damage Product 863 DIWC/DIWW (405(g)) Exchange
160 Stockholders’ Suits Liability IMMIGRATION
864 SSID Title XVI 890 Other Statutory Actions
190 Other Contract 462 Naturalization
CIVIL RIGHTS PRISONER PETITIONS 865 RSI (405(g)) 891 Agricultural Acts
195 Contract Product Liability Application
440 Other Civil Rights HABEAS CORPUS 893 Environmental Matters
196 Franchise 465 Other Immigration FEDERAL TAX SUITS
441 Voting 463 Alien Detainee Actions 895 Freedom of Information
870 Taxes (U.S. Plaintiff or
REAL PROPERTY 442 Employment Act
510 Motions to Vacate Defendant)
210 Land Condemnation Sentence 896 Arbitration
443 Housing/ 871 IRS–Third Party 26 USC
220 Foreclosure Accommodations 530 General § 7609 899 Administrative Procedure
445 Amer. w/Disabilities– Act/Review or Appeal of
230 Rent Lease & Ejectment 535 Death Penalty
Employment Agency Decision
240 Torts to Land OTHER
446 Amer. w/Disabilities–Other 950 Constitutionality of State
245 Tort Product Liability 540 Mandamus & Other Statutes
290 All Other Real Property 448 Education
550 Civil Rights
555 Prison Condition
560 Civil Detainee–
Conditions of
Confinement

V. ORIGIN (Place an “X” in One Box Only)

1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District (specify) Litigation–Transfer Litigation–Direct File

VI. CAUSE OF Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
15 U.S.C. §§ 1114, 1125
ACTION
Brief description of cause:
Defendants falsely market their products using plaintiff's trademark
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, Fed. R. Civ. P. JURY DEMAND: Yes No

VIII. RELATED CASE(S), JUDGE DOCKET NUMBER

IF ANY (See instructions):
IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2)
(Place an “X” in One Box Only) SAN FRANCISCO/OAKLAND SAN JOSE EUREKA-MCKINLEYVILLE

DATE 11/30/2018 SIGNATURE OF ATTORNEY OF RECORD James C. Eschen

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JS-CAND 44 (rev. 07/16) Case 3:18-cv-07280-SK Document 1-1 Filed 12/05/18 Page 2 of 2

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-CAND 44

Authority For Civil Cover Sheet. The JS-CAND 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and
service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved in its original form by the Judicial
Conference of the United States in September 1974, is required for the Clerk of Court to initiate the civil docket sheet. Consequently, a civil cover sheet is
submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I. a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the “defendant” is the location of the tract of land involved.)
c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section “(see attachment).”

II. Jurisdiction. The basis of jurisdiction is set forth under Federal Rule of Civil Procedure 8(a), which requires that jurisdictions be shown in
pleadings. Place an “X” in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
(1) United States plaintiff. Jurisdiction based on 28 USC §§ 1345 and 1348. Suits by agencies and officers of the United States are included here.
(2) United States defendant. When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
(3) Federal question. This refers to suits under 28 USC § 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code
takes precedence, and box 1 or 2 should be marked.
(4) Diversity of citizenship. This refers to suits under 28 USC § 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS-CAND 44 is to be completed if diversity of citizenship was indicated above.
Mark this section for each principal party.
IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V. Origin. Place an “X” in one of the six boxes.
(1) Original Proceedings. Cases originating in the United States district courts.
(2) Removed from State Court. Proceedings initiated in state courts may be removed to the district courts under Title 28 USC § 1441. When the
petition for removal is granted, check this box.
(3) Remanded from Appellate Court. Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
(4) Reinstated or Reopened. Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
(5) Transferred from Another District. For cases transferred under Title 28 USC § 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
(6) Multidistrict Litigation Transfer. Check this box when a multidistrict case is transferred into the district under authority of Title 28 USC
§ 1407. When this box is checked, do not check (5) above.
(8) Multidistrict Litigation Direct File. Check this box when a multidistrict litigation case is filed in the same district as the Master MDL docket.
Please note that there is no Origin Code 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statute.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC § 553. Brief Description: Unauthorized reception of cable service.
VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Federal Rule of Civil Procedure 23.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS-CAND 44 is used to identify related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
IX. Divisional Assignment. If the Nature of Suit is under Property Rights or Prisoner Petitions or the matter is a Securities Class Action, leave this
section blank. For all other cases, identify the divisional venue according to Civil Local Rule 3-2: “the county in which a substantial part of the
events or omissions which give rise to the claim occurred or in which a substantial part of the property that is the subject of the action is situated.”
Date and Attorney Signature. Date and sign the civil cover sheet.