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Case: 3:19-cv-00573 Document #: 1 Filed: 07/12/19 Page 1 of 17

IN THE UNITED STATES DISTRICT COURT


FOR THE WESTERN DISTRICT OF WISCONSIN

§
FLAMBEAU, INC., §
§
Plaintiff, §
§ Case No. __________________
v. §
§ TRIAL BY JURY DEMANDED
THE MICHAELS COMPANIES, INC., §
§
and §
§
DARICE, INC. §
§
Defendants. §
§

COMPLAINT

Plaintiff, Flambeau, Inc. (“Flambeau”), by its attorneys, Quarles & Brady LLP, for its

Complaint against Defendants, The Michaels Companies, Inc. (“Michaels”) and Darice, Inc.

(“Darice”), hereby alleges as follows:

THE PARTIES

1. Flambeau is a Wisconsin corporation with its principal place of business at 801

Lynn Avenue, Baraboo, Wisconsin 53913.

2. Upon information and belief, Michaels is a Delaware corporation with its

principle place of business at 8000 Bent Branch Drive, Irving, Texas 75063.

3. Upon information and belief, Darice is an Ohio corporation with its principle

place of business at 13000 Darice Parkway, Strongville, Ohio 44149.

4. Upon information in belief, Darice was acquired by Michaels in 2016 and is

currently a wholly owned subsidiary of Michaels.

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Case: 3:19-cv-00573 Document #: 1 Filed: 07/12/19 Page 2 of 17

JURISDICTION

5. This is an action for trade dress infringement, false designation of origin, and

unfair competition arising under the laws of the United States set forth in Title 15

of the United States Code, patent infringement, arising under the laws of the United States set

forth in Title 35 of the United States Code, and state common law unfair competition and unjust

enrichment. Flambeau is seeking both injunctive relief and damages.

6. This Court has subject matter jurisdiction over this matter under 28 U.S.C.

§§ 1331 and 1338 because this is a civil action for trade dress infringement, false designation of

origin, unfair competition, and patent infringement, arising under Titles 15 and 35 of the United

States Code. In addition, this Court has subject matter jurisdiction over Flambeau’s state

common law claims for unfair competition and unjust enrichment under 28 U.S.C. § 1367(a).

7. This Court has personal jurisdiction over Michaels pursuant to Wis. Stat. § 801.05

because, upon information and belief, Michaels conducts substantial business in the State of

Wisconsin and within the Western District of Wisconsin. Upon information and belief, Michaels

markets, sells, offers to sell, induces the sale of, and/or imports in commerce infringing products

directly, or through intermediaries, in or into Wisconsin and this District, thereby causing injury

and damage to Flambeau in Wisconsin and this District. Michaels’s substantial business in

Wisconsin and this District may result from acts committed outside Wisconsin or this District,

including but not limited to using established distribution channels to market, sell, offer to sell,

induce the sale of, and/or import infringing products in or into Wisconsin and this District. In

conducting its business in Wisconsin and this District, Michaels stands to derive substantial

revenue from its infringing products at the expense of Flambeau unless enjoined by this Court.

Michaels has numerous physical retail locations in Wisconsin and this District. Michaels Stores,

Inc., a Michaels subsidiary, is registered to do business in Wisconsin.

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Case: 3:19-cv-00573 Document #: 1 Filed: 07/12/19 Page 3 of 17

8. This Court has personal jurisdiction over Darice pursuant to Wis. Stat. § 801.05

because, upon information and belief, Darice conducts substantial business in the State of

Wisconsin and within the Western District of Wisconsin. Upon information and belief, Darice

markets, sells, offers to sell, induces the sale of, and/or imports in commerce infringing products

directly, or through intermediaries, in or into Wisconsin and this District, thereby causing injury

and damage to Flambeau in Wisconsin and this District. Darice’s substantial business in

Wisconsin and this District may result from acts committed outside Wisconsin or this District,

including but not limited to using established distribution channels to market, sell, offer to sell,

induce the sale of, and/or import infringing products in or into Wisconsin and this District. In

conducting its business in Wisconsin and this District, Darice stands to derive substantial

revenue from its infringing products at the expense of Flambeau unless enjoined by this Court.

9. Venue in this District is proper under 28 U.S.C. § 1391 because, upon information

and belief, a substantial part of Defendants’ acts of infringement occur in this District and

Defendants cause injury to Flambeau in this District.

10. Defendants’ activities complained of herein have caused, and will continue to

cause particularized and concrete injury in fact to Flambeau; that injury is traceable to

Defendants’ challenged activities; and that injury is likely to be redressed by a favorable decision

from this court.

FACTS GIVING RISE TO THIS ACTION

11. Flambeau restates and incorporates by reference all previous allegations.

Flambeau’s Carrying Cases

12. Flambeau is a premiere designer, manufacturer, and supplier of plastic products,

including plastic carrying cases.

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Case: 3:19-cv-00573 Document #: 1 Filed: 07/12/19 Page 4 of 17

13. Flambeau has designed a distinctive line of plastic carrying cases, which it

markets and offers for sale under the trademarks “Merchant” (hereinafter the “Merchant Cases”)

and “Tradesman” (hereinafter the “Tradesman Cases”).

14. True and correct copies of photographs depicting the Merchant Cases and the

Tradesman Cases are shown here and attached as Exhibits 1-7:

Views of the Merchant Case Views of the Tradesman Case

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Case: 3:19-cv-00573 Document #: 1 Filed: 07/12/19 Page 5 of 17

15. Flambeau holds intellectual property rights that apply to the Merchant Cases and

the Tradesman Cases, including trade dress and patent rights.

Flambeau’s Trade Dress Rights

16. Flambeau owns trade dress protection over certain nonfunctional, distinctive

aspects of the Merchant Cases and the Tradesman Cases, both individually and in combination.

17. For example, the “Merchant 10” Translucent Clear” carrying case (hereinafter

“Merchant 10”), sold as Item #6772TD, incorporates numerous non-functional, distinctive

elements. (See Flambeau, Products - Carrying Cases - Merchant 10” Translucent Clear,

https://www.flambeaucases.com/merchant-10-quot-25-4-cm-translucent-clear-without-

foam.aspx (last visited July 11, 2019), a printout of which is attached as Exhibit 2).

18. As another example, the “Tradesman 14” Translucent Clear” carrying case

(hereinafter “Tradesman 14”), sold as Item #6780TN, incorporates non-functional, distinctive

elements. (Flambeau, Products – Carrying Cases – Tradesman 14” Translucent Clear,

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Case: 3:19-cv-00573 Document #: 1 Filed: 07/12/19 Page 6 of 17

https://www.flambeaucases.com/tradesman-14-quot-35-56-cm-translucent-clear.aspx (last

visited July 11, 2019), a printout of which is attached as Exhibit 6).

19. By non-limiting example, the Merchant 10 and Tradesman 14 carrying cases

incorporate two distinctive ribbed latches. (See, e.g., Exh. 2 (Merchant - open view); Exh. 6

(Tradesman - open view)). Each latch has a rounded outer corner and symmetrical oblong

groves on either side. The design of these latches is ornamental and source-identifying, as the

latches could be any color and shape and have no need for any particular number of grooves or

particular shaped grooves.

20. As a second non-limiting example, the Merchant 10 and Tradesman 14 carrying

cases have two distinctive oblong feet. (See, e.g., Exh. 2 (Merchant - side view); Exh. 6

(Tradesman - side view)). Each foot consists of two raised pieces of plastic. The first piece is a

half circle of plastic with sides that angle down to the seam. The second piece is a tapered half

oval with sides that angle down to the seam. The specific design of these feet is ornamental and

source-identifying, as the feet could be any shape and have no need for angled sides.

21. As a third non-limiting example, the Merchant 10 and Tradesman 14 carrying

cases each have two distinctive rounded hinges. (See, e.g., Exh. 2 (Merchant - front view); Exh.

6 (Merchant - front view)). Each hinge has cylindrical subsections accompanied by a beveled

end section that curves to the center of the case. The design of these hinges is ornamental and

source-identifying, as the hinges could be composed of any number of subsections and have no

need for a beveled end section.

22. As a fourth non-limiting example, the Merchant 10 carrying case has a distinctive

thin ridge that runs along the case’s seam. (See, e.g., Exh. 2 (Merchant - open and front views)).

The ridge is ornamental and source-identifying, as it only serves to enhance the case’s profile.

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QB\58465795.1
Case: 3:19-cv-00573 Document #: 1 Filed: 07/12/19 Page 7 of 17

23. As a final non-limiting example, the Merchant 10 has distinctive raised, rounded

surfaces on both the front and back faces of the case that follow the outline of the case. (Id.

(front and side views)). The raised, rounded surfaces are ornamental and source-identifying as

they serve only to enhance the case’s profile.

24. Flambeau has been using the asserted trade dress, as described herein, in interstate

commerce since at least as early as 2009.

25. Flambeau sells the Merchant Cases and Tradesman Cases in multiple sizes, all of

which incorporate one or more aspects of the trade dress, as described herein.

26. Flambeau sells the Merchant Cases and Tradesman Cases on its website and

through retailers across the United States.

27. The nonfunctional, distinctive aspects of the Merchant Cases and Tradesman

Cases have become associated with the success of Flambeau’s plastic products and are an

indication of the source of high-quality carrying cases to the relevant purchasing public.

Flambeau’s Design Patent Rights

28. Flambeau owns by assignment the entire right, title, and interest in U.S. Design

Patent No. D633,294 S (“the ‘294 Patent”) entitled “Case.” A true and accurate copy of the ‘294

Patent is attached to this Complaint as Exhibit 8.

29. The ‘294 Patent features six figures that describe the claimed ornamental design

for a case, highlighting ornamental features such as the ridge that runs along the case’s seam; the

raised, rounded surface on both faces of the case; the shape of the handle; and the “U” shape

ridge below the handle.

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Case: 3:19-cv-00573 Document #: 1 Filed: 07/12/19 Page 8 of 17

Defendants’ Magnetic Die Storage Case

30. Upon information and belief, Michaels and Darice, separately and jointly, market,

sell, offer to sell, induce the sale of, and/or import in commerce a Magnetic Die Storage Case,

listed as Item #121810 (“Defendants’ Storage Case”).

31. Upon information and belief, Darice markets, sells, offers to sell, and induces the

sale of Defendants’ Storage Case, in part, through its website, which is accessible to purchasers

in Wisconsin. (Darice, Magnetic Die Storage Case,

https://www.darice.com/store/details/catalog/wholesale-organizers-scrapbooking/121810 (last

visited July 11, 2019), a printout of which is attached as Exhibit 9).

32. Upon information and belief, Darice distributes Defendants’ Storage Case,

directly or through intermediaries, to physical retail locations owned and operated by Michaels,

several of which are in Wisconsin and the District.

33. Upon information and belief, Michaels markets, sells, offers to sell, induces the

sale of, and/or imports Defendants’ Storage Case in commerce, through its retail locations,

several of which are in Wisconsin and the District.

34. True and correct copies of photographs depicting Defendants’ Storage Case are

attached as Exhibit 10.

35. Defendants’ Storage Case incorporates two ribbed latches. (See, e.g., Exh. 10

(front view)). Each latch has a rounded outer corner and symmetrical oblong groves on either

side. (Id.).

36. Defendants’ Storage Case incorporates two oblong feet. (Id. (front and back

views)). Each foot consists of two raised pieces of plastic. (Id.). The first piece is a half circle

of plastic with sides that angle down to the seam. (Id.). The second piece is a tapered half oval

with sides that angle down to the seam. (Id.).

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Case: 3:19-cv-00573 Document #: 1 Filed: 07/12/19 Page 9 of 17

37. Defendants’ Storage Case incorporates two rounded hinges. (Id. (back view)).

Each hinge has cylindrical subsections and a beveled end section that curves to the center of the

case. (Id.).

38. Defendants’ Storage Case incorporates a ridge that runs along the case’s seam.

(Id. (front view)).

39. Defendants’ Storage Case incorporates raised, rounded surfaces on both the front

and back faces of the case that follow the outline of the case. (Id. (front and back views)).

40. Defendants’ Storage Case closely resembles Flambeau’s Merchant Cases and

Tradesman Cases:

Flambeau’s Merchant Case Defendants’ Storage Case Flambeau’s Tradesman


Case

41. A claims chart for Flambeau’s trade dress and Defendants’ Storage Case is

attached as Exhibit 11.

42. Defendants’ Storage Case incorporates the ornamental aspects of the ‘294 Patent:

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Case: 3:19-cv-00573 Document #: 1 Filed: 07/12/19 Page 10 of 17

Defendants’ Storage Case Figure 6 of ‘294 Patent

43. A claims chart for the ‘294 Patent and Defendants’ Storage Case is attached as

Exhibit 12.

44. In January 2019, Flambeau sent Darice a letter informing Darice that the

Defendants’ Storage Case infringed the ‘294 Patent and attaching the ‘294 Patent.

45. In March 2019, counsel for Michaels responded on behalf of Darice and stated

that Defendants would conduct an investigation and report back.

46. At the time of this filing, Defendants have not provided any report on their

investigation, and their infringement is still ongoing.

COUNT I

Federal Trade Dress Infringement

47. Flambeau restates and incorporates by reference all previous allegations.

48. Defendants have, separately and jointly, infringed, and continue to infringe

Flambeau’s trade dress, as described above, under 15 U.S.C. § 1125 by importing, using,

making, selling, offering for sale, and/or inducing the sale in the United States Defendants’

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Case: 3:19-cv-00573 Document #: 1 Filed: 07/12/19 Page 11 of 17

Storage Cases, which incorporate non-functional, distinctive, and source-identifying elements of

Flambeau’s trade dress.

49. Defendants’ infringement of Flambeau’s trade dress is likely to mislead and

confuse the public as to the source, sponsorship, affiliation and/or approval of Defendants’

Storage Cases. Because of the nearly-identical look of Defendants’ Storage Cases to the

Merchant Cases and the Tradesman Cases, the relevant purchasing public is likely to mistakenly

believe that Flambeau is in some way affiliated or associated with Defendants’ Storages Cases.

50. Defendants’ infringement of Flambeau’s trade dress is intentional, willful, and/or

in reckless disregard of Flambeau’s rights.

51. By infringing Flambeau’s trade dress, Defendants have caused Flambeau to suffer

injury and, unless enjoined by this Court, will cause Flambeau to continue to suffer injury,

including monetary damages.

52. If Defendants’ infringement of Flambeau’s trade dress is not enjoined, Flambeau

will suffer irreparable harm that cannot adequately be compensated by a monetary award.

COUNT II

Federal Law False Designation of Origin

53. Flambeau restates and incorporates by reference all previous allegations.

54. Defendants have, separately and jointly, falsely designated the origin of

Defendants’ Storage Cases under 15 U.S.C. § 1125 by copying Flambeau’s trade dress, as

described above, into Defendants’ Storage Cases and then importing, using, making, selling,

offering for sale, and/or inducing the sale in the United States of those products.

55. Defendants’ false designation of origin is likely to cause confusion or mistake as

to the origin, nature, characteristics, and qualities of Defendants’ products. The relevant

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QB\58465795.1
Case: 3:19-cv-00573 Document #: 1 Filed: 07/12/19 Page 12 of 17

purchasing public is likely to believe that Flambeau is somehow affiliated, connected, or

associated with Defendants’ Storage Cases or that Flambeau has given its approval to

Defendants to use its trade dress, when Flambeau has not.

56. Defendants’ false designation of origin is intentional, willful, and/or in reckless

disregard of Flambeau’s rights.

57. By its false designation of origin, Defendants have caused Flambeau to suffer

injury and, unless enjoined by this Court, will cause Flambeau to continue to suffer injury,

including monetary damages.

58. If Defendants’ false designation of origin is not enjoined, Flambeau will suffer

irreparable harm that cannot adequately be compensated by a monetary award.

COUNT III

Federal Unfair Competition

59. Flambeau restates and incorporates by reference all previous allegations.

60. Defendants’ wrongful actions described above constitute acts of unfair

competition under 15 U.S.C. § 1125.

61. Defendants’ unfair competition with Flambeau was, and is, done willfully,

maliciously, and/or in an intentional disregard of Flambeau’s rights.

62. As a direct and proximate result of Defendants’ wrongful actions, Flambeau has

suffered, and continues to suffer, damage and loss.

COUNT IV

Common Law Unfair Competition

63. Flambeau restates and incorporates by reference all previous allegations.

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Case: 3:19-cv-00573 Document #: 1 Filed: 07/12/19 Page 13 of 17

64. Defendants’ wrongful actions described herein constitute unfair competition

under Wisconsin common law.

65. Defendants’ unfair competition with Flambeau was, and is, done willfully,

maliciously, and/or in an intentional disregard of Flambeau’s rights.

66. As a direct and proximate result of Defendants’ wrongful actions, Flambeau has

suffered, and continues to suffer, damage and loss.

COUNT V

Common Law Unjust Enrichment

67. Flambeau restates and incorporates by reference all previous allegations.

68. Defendants received benefits by infringing upon Flambeau’s trade dress and

patented design.

69. Flambeau expended labor, skill, time, and money developing the trade dress and

patented design that Defendants infringed and continue to infringe.

70. Defendants appreciated, knew of, or realized the benefit of Flambeau’s trade dress

and patented design, as described above.

71. Defendants retained the benefit of Flambeau’s trade dress and patented design

under circumstances that would make it inequitable for Defendants to retain the benefit without

payment to Flambeau of its value.

72. Flambeau has been damaged in an amount to be proven at trial.

COUNT VI

Infringement of U.S. Design Patent No. D633,294 S

73. Flambeau restates and incorporates by reference all previous allegations.

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Case: 3:19-cv-00573 Document #: 1 Filed: 07/12/19 Page 14 of 17

74. Defendants have, separately and jointly, infringed, and continue to infringe,

directly and/or indirectly, the ‘294 Patent under 35 U.S.C. § 271 by importing, using, making,

selling, offering for sale, and/or inducing the sale in the United States products covered by the

‘294 Patent.

75. Defendants’ Storage Cases are almost identical to the design covered by the ‘294

Patent. For example, Defendants’ Storage Cases have a ridge that runs along the case’s seam;

raised, rounded surfaces on both faces of the case; and a “U” shape ridge below the handle.

76. An ordinary observer familiar with the prior art is likely to confuse Defendants’

Cases with Flambeau’s patented design.

77. Defendants’ infringement of the ‘294 Patent is intentional, willful, and/or in

reckless disregard of Flambeau’s rights.

78. By infringing the ‘294 Patent, Defendants have caused Flambeau to suffer injury

and, unless enjoined by this Court, will cause Flambeau to continue to suffer injury, including

monetary damages.

79. If Defendants’ infringement of the ‘294 Patent is not enjoined, Flambeau will

suffer irreparable harm that cannot adequately be compensated by a monetary award.

PRAYER FOR RELIEF

WHEREFORE Flambeau seeks the following relief from this Court:

A. A judgment against Defendants that Defendants have infringed Flambeau’s trade

dress in violation of 15 U.S.C. § 1125;

B. A judgment that Defendants’ trade dress infringement has been willful;

C. An award of damages adequate to compensate Flambeau for Defendants’ trade

dress infringement, but no less than the damages and/or disgorgement of profits permitted by 15

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Case: 3:19-cv-00573 Document #: 1 Filed: 07/12/19 Page 15 of 17

U.S.C. § 1117;

D. A judgment against Defendants that Defendants have committed false designation

of origin in violation of 15 U.S.C. § 1125;

E. A judgment that Defendants’ false designation of origin has been willful;

F. An award of damages adequate to compensate Flambeau for Defendants’ false

designation of origin, but no less than the damages and/or disgorgement of profits permitted by

15 U.S.C. § 1117;

G. A judgment against Defendants that Defendants have unfairly competed against

Flambeau in violation of 15 U.S.C. § 1125 and other applicable authority;

H. A judgment that Defendants’ unfair competition has been willful;

I. An award of damages adequate to compensate Flambeau for Defendants’ unfair

competition, but no less than the damages and/or disgorgement of profits permitted by 15 U.S.C.

§ 1117 and other applicable authority;

J. An award of enhanced damages pursuant to 15 U.S.C. § 1117;

K. A judgment against Defendants that Defendants were unjustly enriched;

L. An award of damages adequate to compensate Flambeau for Defendants’ unjust

enrichment;

M. A judgment against Defendants that Defendants have infringed the ‘294 Patent in

violation of 35 U.S.C. § 271;

N. A judgment that Defendants’ patent infringement has been willful;

O. An award of damages adequate to compensate Flambeau for Defendants’ patent

infringement, but no less than the damages permitted by 35 U.S.C. §§ 284 and 289;

P. An award of treble damages pursuant to 35 U.S.C. § 284;

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Case: 3:19-cv-00573 Document #: 1 Filed: 07/12/19 Page 16 of 17

Q. A declaration that this is an exceptional case pursuant to 35 U.S.C. § 285;

R. An award of compensatory and punitive damages, under the authority described

above and any other applicable authority;

S. A preliminary and a permanent injunction pursuant to 15 U.S.C. § 1116, 35

U.S.C. § 283, and/or any other applicable authority prohibiting Defendants from continuing to

violate Flambeau’s rights in anyway and prohibiting Defendants from importing, using, offering

to sell, or selling any plastic carrying case violating Flambeau’s trade dress or design patent;

T. A judgment that Defendants acts of design patent and trade dress infringement

warrant a finding that this is an exceptional case;

U. An award of reasonable attorneys’ fees incurred herein pursuant to 15 U.S.C. §

1117, 35 U.S.C. § 285, and/or any other applicable authority;

V. An award of Flambeau’s costs and expenses;

W. An award of pre- and post-judgment interest; and

X. Such other and further relief as the Court may deem just and proper.

JURY DEMAND

Flambeau demands a trial by jury on all issues properly tried to a jury.

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Case: 3:19-cv-00573 Document #: 1 Filed: 07/12/19 Page 17 of 17

Dated this 12th day of July, 2019. Respectfully submitted,

/s/ Anthony A. Tomaselli


Anthony A. Tomaselli
aat@quarles.com
Anita Marie Boor
anita.boor@quarles.com
QUARLES & BRADY LLP
33 East Main Street, Suite 900
Madison, Wisconsin 53703-3095
Tel.: 608.251.5000
Fax: 608.251.9166

Attorneys for Plaintiff Flambeau, Inc.

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QB\58465795.1
Case: 3:19-cv-00573 Document #: 1-1 Filed: 07/12/19 Page 1 of 6

EXHIBIT 1
Merchant 7" Translucent Clear-without Foam
Case: 3:19-cv-00573 Document #: 1-1 Filed: 07/12/19 Page 2 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Merchant™ >

Merchant 7"
Translucent Clear-
without Foam

Item #: 6767TN

The 6 1/2" x 4 1/5" x 3 1/5" (16.51 x 10.67 x


8.13 cm) Merchant case features a deep
base for greater storage capacity and a
shallow lid that reduces cost in applications
requiring lid foam. The handle is offset to
provide better balance and a comfortable
grip. The Merchant features slide open/shut
lockable latches with a bead-line seal fit (
U.S. Patent #D650,585) between base and
lid.

props not included Availability: In Stock - Usually


ships within 2 days.

Features

Easy View Clear Translucent


Deep 2 Inch Base
Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant
Crush Resistant

https://www.flambeaucases.com/merchant-7-quot-translucent-clear-without-foam.aspx[7/12/2019 10:16:53 AM]


Merchant 7" Translucent Clear-without Foam
Case: 3:19-cv-00573 Document #: 1-1 Filed: 07/12/19 Page 3 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Merchant™ >

Merchant 7"
Translucent Clear-
without Foam

Item #: 6767TN

The 6 1/2" x 4 1/5" x 3 1/5" (16.51 x 10.67 x


8.13 cm) Merchant case features a deep
base for greater storage capacity and a
shallow lid that reduces cost in applications
requiring lid foam. The handle is offset to
provide better balance and a comfortable
grip. The Merchant features slide open/shut
lockable latches with a bead-line seal fit (
props not included U.S. Patent #D650,585) between base and
lid.

Availability: In Stock - Usually


ships within 2 days.

Features

Easy View Clear Translucent


Deep 2 Inch Base
Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant
Crush Resistant

https://www.flambeaucases.com/merchant-7-quot-translucent-clear-without-foam.aspx[7/12/2019 10:17:14 AM]


Merchant 7" Translucent Clear-without Foam
Case: 3:19-cv-00573 Document #: 1-1 Filed: 07/12/19 Page 4 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Merchant™ >

Merchant 7"
Translucent Clear-
without Foam

Item #: 6767TN

The 6 1/2" x 4 1/5" x 3 1/5" (16.51 x 10.67 x


8.13 cm) Merchant case features a deep
base for greater storage capacity and a
shallow lid that reduces cost in applications
requiring lid foam. The handle is offset to
provide better balance and a comfortable
grip. The Merchant features slide open/shut
lockable latches with a bead-line seal fit (
U.S. Patent #D650,585) between base and
lid.

Availability: In Stock - Usually


ships within 2 days.

Features

Easy View Clear Translucent


Deep 2 Inch Base
Slide Open/Shut Latches
Two Locking Points
props not included Dust Proof
Water Resistant
Crush Resistant

https://www.flambeaucases.com/merchant-7-quot-translucent-clear-without-foam.aspx[7/12/2019 10:17:31 AM]


Merchant 7" Translucent Clear-without Foam
Case: 3:19-cv-00573 Document #: 1-1 Filed: 07/12/19 Page 5 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Merchant™ >

Merchant 7"
Translucent Clear-
without Foam

Item #: 6767TN

The 6 1/2" x 4 1/5" x 3 1/5" (16.51 x 10.67 x


8.13 cm) Merchant case features a deep
props not included
base for greater storage capacity and a
shallow lid that reduces cost in applications
requiring lid foam. The handle is offset to
provide better balance and a comfortable
grip. The Merchant features slide open/shut
lockable latches with a bead-line seal fit (
U.S. Patent #D650,585) between base and
lid.

Availability: In Stock - Usually


ships within 2 days.

Features

Easy View Clear Translucent


Deep 2 Inch Base
Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant
Crush Resistant

https://www.flambeaucases.com/merchant-7-quot-translucent-clear-without-foam.aspx[7/12/2019 10:17:48 AM]


Merchant 7" Translucent Clear-without Foam
Case: 3:19-cv-00573 Document #: 1-1 Filed: 07/12/19 Page 6 of 6
Bead-Line Seal Design
Easy Carry Integral Handle

$4.39
Quantity: 1

Add to Cart

Description Shipping Policy Product Details

The 6 1/2" x 4 1/5" x 3 1/5" (16.51 x 10.67 x 8.13 cm) Merchant case features a deep base for greater storage
capacity and a shallow lid that reduces cost in applications requiring lid foam. The handle is offset to provide better
balance and a comfortable grip. The Merchant features slide open/shut lockable latches with a bead-line seal fit (
U.S. Patent #D650,585) between base and lid.

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1016-2, 4-16 Compartment Large Satchel 1021-2, 21 Compartment Large Satchel

https://www.flambeaucases.com/merchant-7-quot-translucent-clear-without-foam.aspx[7/12/2019 10:17:48 AM]


Case: 3:19-cv-00573 Document #: 1-2 Filed: 07/12/19 Page 1 of 5

EXHIBIT 2
Merchant 10" (25.4 cm) Translucent Clear- without Foam
Case: 3:19-cv-00573 Document #: 1-2 Filed: 07/12/19 Page 2 of 5

Search


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Home > Carrying Cases > Merchant™ >

Merchant 10" (25.4


cm) Translucent
Clear- without
Foam

Item #: 6772TD

The 9 5/8" x 7 1/8" x 2 3/8" (24.45 x 18.10 x


6.03 cm) Merchant case features a deep
base for greater storage capacity and a
shallow lid that reduces cost in applications
requiring lid foam. The handle is offset to
props not included provide better balance and a comfortable
grip. The Merchant features slide open/shut
lockable latches with a bead-line seal fit
between base and lid.

Availability: In Stock - Usually


ships within 2 days.

Features

Easy View Clear Translucent


Deep 2-3/8 Inch Base
Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant
Crush Resistant

https://www.flambeaucases.com/merchant-10-quot-25-4-cm-translucent-clear-without-foam.aspx[7/12/2019 10:12:27 AM]


Merchant 10" (25.4 cm) Translucent Clear- without Foam
Case: 3:19-cv-00573 Document #: 1-2 Filed: 07/12/19 Page 3 of 5

Search


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Home > Carrying Cases > Merchant™ >

Merchant 10" (25.4


cm) Translucent
Clear- without
Foam

Item #: 6772TD

The 9 5/8" x 7 1/8" x 2 3/8" (24.45 x 18.10 x


6.03 cm) Merchant case features a deep
base for greater storage capacity and a
shallow lid that reduces cost in applications
requiring lid foam. The handle is offset to
provide better balance and a comfortable
props not included grip. The Merchant features slide open/shut
lockable latches with a bead-line seal fit
between base and lid.

Availability: In Stock - Usually


ships within 2 days.

Features

Easy View Clear Translucent


Deep 2-3/8 Inch Base
Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant
Crush Resistant

https://www.flambeaucases.com/merchant-10-quot-25-4-cm-translucent-clear-without-foam.aspx[7/12/2019 10:12:49 AM]


Merchant 10" (25.4 cm) Translucent Clear- without Foam
Case: 3:19-cv-00573 Document #: 1-2 Filed: 07/12/19 Page 4 of 5

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Merchant™ >

Merchant 10" (25.4


cm) Translucent
Clear- without
Foam

Item #: 6772TD

The 9 5/8" x 7 1/8" x 2 3/8" (24.45 x 18.10 x


6.03 cm) Merchant case features a deep
base for greater storage capacity and a
shallow lid that reduces cost in applications
requiring lid foam. The handle is offset to
provide better balance and a comfortable
grip. The Merchant features slide open/shut
lockable latches with a bead-line seal fit
between base and lid.

Availability: In Stock - Usually


ships within 2 days.

Features

Easy View Clear Translucent


Deep 2-3/8 Inch Base
Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant
Crush Resistant

https://www.flambeaucases.com/merchant-10-quot-25-4-cm-translucent-clear-without-foam.aspx[7/12/2019 10:13:08 AM]


Merchant 10" (25.4 cm) Translucent Clear- without Foam
Case: 3:19-cv-00573 Document #: 1-2 Filed: 07/12/19 Page 5 of 5
Bead-Line Seal Design
Easy Carry Integral Handle

$5.18
props not included

Quantity: 1

Add to Cart

Description Shipping Policy Product Details

The 9 5/8" x 7 1/8" x 2 3/8" (24.45 x 18.10 x 6.03 cm) Merchant case features a deep base for greater storage
capacity and a shallow lid that reduces cost in applications requiring lid foam. The handle is offset to provide better
balance and a comfortable grip. The Merchant features slide open/shut lockable latches with a bead-line seal fit
between base and lid.

Customize This Product

You May Also Like

1016-2, 4-16 Compartment Large Satchel 1021-2, 21 Compartment Large Satchel

https://www.flambeaucases.com/merchant-10-quot-25-4-cm-translucent-clear-without-foam.aspx[7/12/2019 10:13:08 AM]


Case: 3:19-cv-00573 Document #: 1-3 Filed: 07/12/19 Page 1 of 6

EXHIBIT 3
Merchant 12" (30.48 cm) Translucent Clear-without Foam
Case: 3:19-cv-00573 Document #: 1-3 Filed: 07/12/19 Page 2 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Merchant™ >

Merchant 12"
(30.48 cm)
Translucent Clear-
without Foam

Item #: 6777TD

The 11" x 7 1/4" x 3 1/4" (27.94 x 18.41 x


8.25 cm) Merchant case features a deep
base for greater storage capacity and a
shallow lid that reduces cost in applications
requiring lid foam. The handle is offset to
provide better balance and a comfortable
grip. The Merchant features slide open/shut
lockable latches with a bead-line seal fit
between base and lid.

props not included


Availability: In Stock - Usually
ships within 2 days.

Features

Easy View Clear Translucent


Deep 3-1/4 Inch Base
Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant
Crush Resistant

https://www.flambeaucases.com/merchant-12-quot-30-48-cm-translucent-clear-without-foam.aspx[7/12/2019 10:14:15 AM]


Merchant 12" (30.48 cm) Translucent Clear-without Foam
Case: 3:19-cv-00573 Document #: 1-3 Filed: 07/12/19 Page 3 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Merchant™ >

Merchant 12"
(30.48 cm)
Translucent Clear-
without Foam

Item #: 6777TD

The 11" x 7 1/4" x 3 1/4" (27.94 x 18.41 x


8.25 cm) Merchant case features a deep
base for greater storage capacity and a
shallow lid that reduces cost in applications
requiring lid foam. The handle is offset to
props not included provide better balance and a comfortable
grip. The Merchant features slide open/shut
lockable latches with a bead-line seal fit
between base and lid.

Availability: In Stock - Usually


ships within 2 days.

Features

Easy View Clear Translucent


Deep 3-1/4 Inch Base
Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant
Crush Resistant

https://www.flambeaucases.com/merchant-12-quot-30-48-cm-translucent-clear-without-foam.aspx[7/12/2019 10:14:33 AM]


Merchant 12" (30.48 cm) Translucent Clear-without Foam
Case: 3:19-cv-00573 Document #: 1-3 Filed: 07/12/19 Page 4 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Merchant™ >

Merchant 12"
(30.48 cm)
Translucent Clear-
without Foam

Item #: 6777TD

The 11" x 7 1/4" x 3 1/4" (27.94 x 18.41 x


8.25 cm) Merchant case features a deep
base for greater storage capacity and a
shallow lid that reduces cost in applications
requiring lid foam. The handle is offset to
provide better balance and a comfortable
grip. The Merchant features slide open/shut
lockable latches with a bead-line seal fit
between base and lid.

Availability: In Stock - Usually


ships within 2 days.

Features

Easy View Clear Translucent


Deep 3-1/4 Inch Base
Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant
Crush Resistant

https://www.flambeaucases.com/merchant-12-quot-30-48-cm-translucent-clear-without-foam.aspx[7/12/2019 10:14:51 AM]


Merchant 12" (30.48 cm) Translucent Clear-without Foam
Case: 3:19-cv-00573 Document #: 1-3 Filed: 07/12/19 Page 5 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Merchant™ >

Merchant 12"
(30.48 cm)
Translucent Clear-
without Foam

Item #: 6777TD
props not included
The 11" x 7 1/4" x 3 1/4" (27.94 x 18.41 x
8.25 cm) Merchant case features a deep
base for greater storage capacity and a
shallow lid that reduces cost in applications
requiring lid foam. The handle is offset to
provide better balance and a comfortable
grip. The Merchant features slide open/shut
lockable latches with a bead-line seal fit
between base and lid.

Availability: In Stock - Usually


ships within 2 days.

Features

Easy View Clear Translucent


Deep 3-1/4 Inch Base
Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant
Crush Resistant

https://www.flambeaucases.com/merchant-12-quot-30-48-cm-translucent-clear-without-foam.aspx[7/12/2019 10:15:09 AM]


Merchant 12" (30.48 cm) Translucent Clear-without Foam
Case: 3:19-cv-00573 Document #: 1-3 Filed: 07/12/19 Page 6 of 6
Bead-Line Seal Design
Easy Carry Integral Handle

$5.42
Quantity: 1

Add to Cart

Description Shipping Policy Product Details

The 11" x 7 1/4" x 3 1/4" (27.94 x 18.41 x 8.25 cm) Merchant case features a deep base for greater storage capacity
and a shallow lid that reduces cost in applications requiring lid foam. The handle is offset to provide better balance
and a comfortable grip. The Merchant features slide open/shut lockable latches with a bead-line seal fit between
base and lid.

Customize This Product

You May Also Like

1016-2, 4-16 Compartment Large Satchel 1021-2, 21 Compartment Large Satchel

https://www.flambeaucases.com/merchant-12-quot-30-48-cm-translucent-clear-without-foam.aspx[7/12/2019 10:15:09 AM]


Case: 3:19-cv-00573 Document #: 1-4 Filed: 07/12/19 Page 1 of 6

EXHIBIT 4
Merchant 15" Translucent Clear
Case: 3:19-cv-00573 Document #: 1-4 Filed: 07/12/19 Page 2 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Merchant™ >

Merchant 15"
Translucent Clear

Item #: 6782TD

The 15" x 14 1/2" x 2 3/5" (38.1 x 36.8 x 6.6


cm) Merchant case features a deep base for
greater storage capacity and a shallow lid
that reduces cost in applications requiring lid
foam. The handle is offset to provide better
balance and a comfortable grip. The
Merchant features slide open/shut lockable
latches with a bead-line seal fit between
base and lid.

Availability: In Stock - Usually


ships within 2 days.

props not included


Features

Easy View Clear Translucent


Deep 3-2/5 Base
Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant
Crush Resistant
Bead-Line Seal Design
Easy Carry Integral Handle

https://www.flambeaucases.com/merchant-15-quot-translucent-clear-without-foam.aspx[7/12/2019 10:15:31 AM]


Merchant 15" Translucent Clear
Case: 3:19-cv-00573 Document #: 1-4 Filed: 07/12/19 Page 3 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Merchant™ >

Merchant 15"
Translucent Clear

Item #: 6782TD

The 15" x 14 1/2" x 2 3/5" (38.1 x 36.8 x 6.6


cm) Merchant case features a deep base for
greater storage capacity and a shallow lid
that reduces cost in applications requiring lid
foam. The handle is offset to provide better
balance and a comfortable grip. The
Merchant features slide open/shut lockable
latches with a bead-line seal fit between
base and lid.

props not included


Availability: In Stock - Usually
ships within 2 days.

Features

Easy View Clear Translucent


Deep 3-2/5 Base
Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant
Crush Resistant
Bead-Line Seal Design
Easy Carry Integral Handle

https://www.flambeaucases.com/merchant-15-quot-translucent-clear-without-foam.aspx[7/12/2019 10:15:48 AM]


Merchant 15" Translucent Clear
Case: 3:19-cv-00573 Document #: 1-4 Filed: 07/12/19 Page 4 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Merchant™ >

Merchant 15"
Translucent Clear

Item #: 6782TD

The 15" x 14 1/2" x 2 3/5" (38.1 x 36.8 x 6.6


cm) Merchant case features a deep base for
greater storage capacity and a shallow lid
that reduces cost in applications requiring lid
foam. The handle is offset to provide better
balance and a comfortable grip. The
Merchant features slide open/shut lockable
latches with a bead-line seal fit between
base and lid.

Availability: In Stock - Usually


ships within 2 days.

Features

Easy View Clear Translucent


Deep 3-2/5 Base
Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant
Crush Resistant
Bead-Line Seal Design
Easy Carry Integral Handle

https://www.flambeaucases.com/merchant-15-quot-translucent-clear-without-foam.aspx[7/12/2019 10:16:06 AM]


Merchant 15" Translucent Clear
Case: 3:19-cv-00573 Document #: 1-4 Filed: 07/12/19 Page 5 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Merchant™ >

Merchant 15"
Translucent Clear

Item #: 6782TD

The 15" x 14 1/2" x 2 3/5" (38.1 x 36.8 x 6.6


props not included cm) Merchant case features a deep base for
greater storage capacity and a shallow lid
that reduces cost in applications requiring lid
foam. The handle is offset to provide better
balance and a comfortable grip. The
Merchant features slide open/shut lockable
latches with a bead-line seal fit between
base and lid.

Availability: In Stock - Usually


ships within 2 days.

Features

Easy View Clear Translucent


Deep 3-2/5 Base
Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant
Crush Resistant
Bead-Line Seal Design
Easy Carry Integral Handle

https://www.flambeaucases.com/merchant-15-quot-translucent-clear-without-foam.aspx[7/12/2019 10:16:23 AM]


Merchant 15" Translucent Clear
Case: 3:19-cv-00573 Document #: 1-4 Filed: 07/12/19 Page 6 of 6

$7.74
Quantity: 1

Add to Cart

Description Shipping Policy Product Details

The 15" x 14 1/2" x 2 3/5" (38.1 x 36.8 x 6.6 cm) Merchant case features a deep base for greater storage capacity
and a shallow lid that reduces cost in applications requiring lid foam. The handle is offset to provide better balance
and a comfortable grip. The Merchant features slide open/shut lockable latches with a bead-line seal fit between
base and lid.

Customize This Product

You May Also Like

1016-2, 4-16 Compartment Large Satchel 1021-2, 21 Compartment Large Satchel


Style Case Style Case
$22.85 $22.85

https://www.flambeaucases.com/merchant-15-quot-translucent-clear-without-foam.aspx[7/12/2019 10:16:23 AM]


Case: 3:19-cv-00573 Document #: 1-5 Filed: 07/12/19 Page 1 of 6

EXHIBIT 5
Tradesman 10 1/2" x (26.67 cm) Translucent Clear
Case: 3:19-cv-00573 Document #: 1-5 Filed: 07/12/19 Page 2 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Tradesman™ >

Tradesman 10 1/2"
x (26.67 cm)
Translucent Clear

Item #: 6775TF

The 9 1/2" x 5 3/4" x 2 3/4" (24.13 x 14.61 x


6.99 cm) Tradesman case can be used to
protect, store and merchandise a wide
variety of products. Available in a range of
color options, the Tradesman is easy to
customize with adhesive or in-mold labels,
logo plates, engraving and custom interior
props not included foam or vacuum trays. Constructed of
polypropylene resin, the case features slide
open/shut lockable latches with an
overlapping lid-to-base closure for a natural
dust and moisture barrier.

Availability: In Stock - Usually


ships within 2 days.

Features

Easily View Contents Inside


Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant

https://www.flambeaucases.com/tradesman-10-1/2-quot-x-26-67-cm-translucent-clear.aspx[7/12/2019 10:22:17 AM]


Tradesman 10 1/2" x (26.67 cm) Translucent Clear
Case: 3:19-cv-00573 Document #: 1-5 Filed: 07/12/19 Page 3 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Tradesman™ >

Tradesman 10 1/2"
x (26.67 cm)
Translucent Clear

Item #: 6775TF

The 9 1/2" x 5 3/4" x 2 3/4" (24.13 x 14.61 x


6.99 cm) Tradesman case can be used to
protect, store and merchandise a wide
variety of products. Available in a range of
color options, the Tradesman is easy to
customize with adhesive or in-mold labels,
logo plates, engraving and custom interior
foam or vacuum trays. Constructed of
polypropylene resin, the case features slide
open/shut lockable latches with an
overlapping lid-to-base closure for a natural
props not included
dust and moisture barrier.

Availability: In Stock - Usually


ships within 2 days.

Features

Easily View Contents Inside


Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant

https://www.flambeaucases.com/tradesman-10-1/2-quot-x-26-67-cm-translucent-clear.aspx[7/12/2019 10:22:35 AM]


Tradesman 10 1/2" x (26.67 cm) Translucent Clear
Case: 3:19-cv-00573 Document #: 1-5 Filed: 07/12/19 Page 4 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Tradesman™ >

Tradesman 10 1/2"
x (26.67 cm)
Translucent Clear

Item #: 6775TF

The 9 1/2" x 5 3/4" x 2 3/4" (24.13 x 14.61 x


6.99 cm) Tradesman case can be used to
protect, store and merchandise a wide
variety of products. Available in a range of
color options, the Tradesman is easy to
customize with adhesive or in-mold labels,
logo plates, engraving and custom interior
foam or vacuum trays. Constructed of
polypropylene resin, the case features slide
open/shut lockable latches with an
overlapping lid-to-base closure for a natural
dust and moisture barrier.

Availability: In Stock - Usually


ships within 2 days.

Features

Easily View Contents Inside


Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant

https://www.flambeaucases.com/tradesman-10-1/2-quot-x-26-67-cm-translucent-clear.aspx[7/12/2019 10:22:51 AM]


Tradesman 10 1/2" x (26.67 cm) Translucent Clear
Case: 3:19-cv-00573 Document #: 1-5 Filed: 07/12/19 Page 5 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Tradesman™ >

Tradesman 10 1/2"
x (26.67 cm)
Translucent Clear

Item #: 6775TF

The 9 1/2" x 5 3/4" x 2 3/4" (24.13 x 14.61 x


props not included
6.99 cm) Tradesman case can be used to
protect, store and merchandise a wide
variety of products. Available in a range of
color options, the Tradesman is easy to
customize with adhesive or in-mold labels,
logo plates, engraving and custom interior
foam or vacuum trays. Constructed of
polypropylene resin, the case features slide
open/shut lockable latches with an
overlapping lid-to-base closure for a natural
dust and moisture barrier.

Availability: In Stock - Usually


ships within 2 days.

Features

Easily View Contents Inside


Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant

https://www.flambeaucases.com/tradesman-10-1/2-quot-x-26-67-cm-translucent-clear.aspx[7/12/2019 10:24:00 AM]


Tradesman 10 1/2" x (26.67 cm) Translucent Clear
Case: 3:19-cv-00573 Document #: 1-5 Filed: 07/12/19 Page 6 of 6
Crush Resistant
Bead-Line Seal Design
Easy Carry Integral Handle
50/50 Lid & Base Split

$4.85
Quantity: 1

Add to Cart

Description Shipping Policy Product Details

The 9 1/2" x 5 3/4" x 2 3/4" (24.13 x 14.61 x 6.99 cm) Tradesman case can be used to protect, store and
merchandise a wide variety of products. Available in a range of color options, the Tradesman is easy to customize
with adhesive or in-mold labels, logo plates, engraving and custom interior foam or vacuum trays. Constructed of
polypropylene resin, the case features slide open/shut lockable latches with an overlapping lid-to-base closure for a
natural dust and moisture barrier.

Customize This Product

You May Also Like

https://www.flambeaucases.com/tradesman-10-1/2-quot-x-26-67-cm-translucent-clear.aspx[7/12/2019 10:24:00 AM]


Case: 3:19-cv-00573 Document #: 1-6 Filed: 07/12/19 Page 1 of 6

EXHIBIT 6
Tradesman 14" (35.56 cm) Translucent Clear
Case: 3:19-cv-00573 Document #: 1-6 Filed: 07/12/19 Page 2 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Tradesman™ >

Tradesman 14"
(35.56 cm)
Translucent Clear

Item #: 6780TN

The 13 1/4" x 7 3/8" x 3" (33.66 x 18.73 x


7.62 cm) Tradesman case can be used to
protect, store and merchandise a wide
variety of products. Available in a range of
color options, the Tradesman is easy to
customize with adhesive or in-mold labels,
props not included logo plates, engraving and custom interior
foam or vacuum trays. Constructed of
polypropylene resin, the case features slide
open/shut lockable latches with an
overlapping lid-to-base closure for a natural
dust and moisture barrier.

Availability: In Stock - Usually


ships within 2 days.

Features

Easily View Contents Inside


Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant

https://www.flambeaucases.com/tradesman-14-quot-35-56-cm-translucent-clear.aspx[7/12/2019 10:24:31 AM]


Tradesman 14" (35.56 cm) Translucent Clear
Case: 3:19-cv-00573 Document #: 1-6 Filed: 07/12/19 Page 3 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Tradesman™ >

Tradesman 14"
(35.56 cm)
Translucent Clear

Item #: 6780TN

The 13 1/4" x 7 3/8" x 3" (33.66 x 18.73 x


7.62 cm) Tradesman case can be used to
protect, store and merchandise a wide
variety of products. Available in a range of
color options, the Tradesman is easy to
customize with adhesive or in-mold labels,
logo plates, engraving and custom interior
foam or vacuum trays. Constructed of
polypropylene resin, the case features slide
open/shut lockable latches with an
overlapping lid-to-base closure for a natural
props not included dust and moisture barrier.

Availability: In Stock - Usually


ships within 2 days.

Features

Easily View Contents Inside


Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant

https://www.flambeaucases.com/tradesman-14-quot-35-56-cm-translucent-clear.aspx[7/12/2019 10:24:50 AM]


Tradesman 14" (35.56 cm) Translucent Clear
Case: 3:19-cv-00573 Document #: 1-6 Filed: 07/12/19 Page 4 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Tradesman™ >

Tradesman 14"
(35.56 cm)
Translucent Clear

Item #: 6780TN

props not included


The 13 1/4" x 7 3/8" x 3" (33.66 x 18.73 x
7.62 cm) Tradesman case can be used to
protect, store and merchandise a wide
variety of products. Available in a range of
color options, the Tradesman is easy to
customize with adhesive or in-mold labels,
logo plates, engraving and custom interior
foam or vacuum trays. Constructed of
polypropylene resin, the case features slide
open/shut lockable latches with an
overlapping lid-to-base closure for a natural
dust and moisture barrier.

Availability: In Stock - Usually


ships within 2 days.

Features

Easily View Contents Inside


Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant

https://www.flambeaucases.com/tradesman-14-quot-35-56-cm-translucent-clear.aspx[7/12/2019 10:25:09 AM]


Tradesman 14" (35.56 cm) Translucent Clear
Case: 3:19-cv-00573 Document #: 1-6 Filed: 07/12/19 Page 5 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Tradesman™ >

Tradesman 14"
(35.56 cm)
Translucent Clear

Item #: 6780TN

The 13 1/4" x 7 3/8" x 3" (33.66 x 18.73 x


7.62 cm) Tradesman case can be used to
protect, store and merchandise a wide
variety of products. Available in a range of
color options, the Tradesman is easy to
customize with adhesive or in-mold labels,
logo plates, engraving and custom interior
foam or vacuum trays. Constructed of
polypropylene resin, the case features slide
open/shut lockable latches with an
overlapping lid-to-base closure for a natural
dust and moisture barrier.

Availability: In Stock - Usually


ships within 2 days.

Features

Easily View Contents Inside


Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant

https://www.flambeaucases.com/tradesman-14-quot-35-56-cm-translucent-clear.aspx[7/12/2019 10:25:27 AM]


Tradesman 14" (35.56 cm) Translucent Clear
Case: 3:19-cv-00573 Document #: 1-6 Filed: 07/12/19 Page 6 of 6
Crush Resistant
Bead-Line Seal Design
Easy Carry Integral Handle
50/50 Lid & Base Split

props not included $5.82


Quantity: 1

Add to Cart

Description Shipping Policy Product Details

The 13 1/4" x 7 3/8" x 3" (33.66 x 18.73 x 7.62 cm) Tradesman case can be used to protect, store and merchandise
a wide variety of products. Available in a range of color options, the Tradesman is easy to customize with adhesive
or in-mold labels, logo plates, engraving and custom interior foam or vacuum trays. Constructed of polypropylene
resin, the case features slide open/shut lockable latches with an overlapping lid-to-base closure for a natural dust
and moisture barrier.

Customize This Product

You May Also Like

https://www.flambeaucases.com/tradesman-14-quot-35-56-cm-translucent-clear.aspx[7/12/2019 10:25:27 AM]


Case: 3:19-cv-00573 Document #: 1-7 Filed: 07/12/19 Page 1 of 6

EXHIBIT 7
Tradesman 17" (43.18 cm) Translucent Clear
Case: 3:19-cv-00573 Document #: 1-7 Filed: 07/12/19 Page 2 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Tradesman™ >

Tradesman 17"
(43.18 cm)
Translucent Clear

Item #: 6785TI

The 16 3/8" x 9 1/4" x 3 1/2" (41.59 x 23.50


x 8.89 cm) Tradesman case can be used to
protect, store and merchandise a wide
variety of products. Available in a range of
color options, the Tradesman is easy to
customize with adhesive or in-mold labels,
props not included logo plates, engraving and custom interior
foam or vacuum trays. Constructed of
polypropylene resin, the case features slide
open/shut lockable latches with an
overlapping lid-to-base closure for a natural
dust and moisture barrier.

Availability: In Stock - Usually


ships within 2 days.

Features

Easily View Contents Inside


Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant

https://www.flambeaucases.com/tradesman-17-quot-43-18-cm-translucent-clear.aspx[7/12/2019 10:26:06 AM]


Tradesman 17" (43.18 cm) Translucent Clear
Case: 3:19-cv-00573 Document #: 1-7 Filed: 07/12/19 Page 3 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Tradesman™ >

Tradesman 17"
(43.18 cm)
Translucent Clear

Item #: 6785TI

The 16 3/8" x 9 1/4" x 3 1/2" (41.59 x 23.50


x 8.89 cm) Tradesman case can be used to
protect, store and merchandise a wide
variety of products. Available in a range of
color options, the Tradesman is easy to
customize with adhesive or in-mold labels,
logo plates, engraving and custom interior
foam or vacuum trays. Constructed of
polypropylene resin, the case features slide
open/shut lockable latches with an
overlapping lid-to-base closure for a natural
props not included dust and moisture barrier.

Availability: In Stock - Usually


ships within 2 days.

Features

Easily View Contents Inside


Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant

https://www.flambeaucases.com/tradesman-17-quot-43-18-cm-translucent-clear.aspx[7/12/2019 10:26:24 AM]


Tradesman 17" (43.18 cm) Translucent Clear
Case: 3:19-cv-00573 Document #: 1-7 Filed: 07/12/19 Page 4 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Tradesman™ >

Tradesman 17"
(43.18 cm)
Translucent Clear

Item #: 6785TI

The 16 3/8" x 9 1/4" x 3 1/2" (41.59 x 23.50


x 8.89 cm) Tradesman case can be used to
protect, store and merchandise a wide
variety of products. Available in a range of
color options, the Tradesman is easy to
customize with adhesive or in-mold labels,
logo plates, engraving and custom interior
foam or vacuum trays. Constructed of
polypropylene resin, the case features slide
open/shut lockable latches with an
overlapping lid-to-base closure for a natural
dust and moisture barrier.

Availability: In Stock - Usually


ships within 2 days.

Features

Easily View Contents Inside


Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant

https://www.flambeaucases.com/tradesman-17-quot-43-18-cm-translucent-clear.aspx[7/12/2019 10:26:43 AM]


Tradesman 17" (43.18 cm) Translucent Clear
Case: 3:19-cv-00573 Document #: 1-7 Filed: 07/12/19 Page 5 of 6

Search


Products Customization Newsroom Company Contact  

Home > Carrying Cases > Tradesman™ >

Tradesman 17"
(43.18 cm)
Translucent Clear

Item #: 6785TI

props not included


The 16 3/8" x 9 1/4" x 3 1/2" (41.59 x 23.50
x 8.89 cm) Tradesman case can be used to
protect, store and merchandise a wide
variety of products. Available in a range of
color options, the Tradesman is easy to
customize with adhesive or in-mold labels,
logo plates, engraving and custom interior
foam or vacuum trays. Constructed of
polypropylene resin, the case features slide
open/shut lockable latches with an
overlapping lid-to-base closure for a natural
dust and moisture barrier.

Availability: In Stock - Usually


ships within 2 days.

Features

Easily View Contents Inside


Slide Open/Shut Latches
Two Locking Points
Dust Proof
Water Resistant

https://www.flambeaucases.com/tradesman-17-quot-43-18-cm-translucent-clear.aspx[7/12/2019 10:27:01 AM]


Tradesman 17" (43.18 cm) Translucent Clear
Case: 3:19-cv-00573 Document #: 1-7 Filed: 07/12/19 Page 6 of 6
Crush Resistant
Bead-Line Seal Design
Easy Carry Integral Handle
50/50 Lid & Base Split

$8.76
Quantity: 1

Add to Cart

Description Shipping Policy Product Details

The 16 3/8" x 9 1/4" x 3 1/2" (41.59 x 23.50 x 8.89 cm) Tradesman case can be used to protect, store and
merchandise a wide variety of products. Available in a range of color options, the Tradesman is easy to customize
with adhesive or in-mold labels, logo plates, engraving and custom interior foam or vacuum trays. Constructed of
polypropylene resin, the case features slide open/shut lockable latches with an overlapping lid-to-base closure for a
natural dust and moisture barrier.

Customize This Product

You May Also Like

https://www.flambeaucases.com/tradesman-17-quot-43-18-cm-translucent-clear.aspx[7/12/2019 10:27:01 AM]


Case: 3:19-cv-00573 Document #: 1-8 Filed: 07/12/19 Page 1 of 6

EXHIBIT 8
Case: 3:19-cv-00573 Document #: 1-8 Filed: 07/12/19 Page 2 of 6
I 1111111111111111 lllll llllll llll lllll lllll 111111111111111 111111111111111111
US00D633294S

c12) United States Design Patent (10) Patent No.: US D633,294 S


Jamison et al. (45) Date of Patent: ** Mar. 1, 2011

(54) CASE D481,868 S 11/2003 Cunningham et al.


D557,897 S * 12/2007 Richardson et al. .......... D3/294
(75) Inventors: David S. Jamison, Twinsburg, OH (US); D572,479 S 7/2008 Buck et al.
Jason C. Sauey, Chagrin Falls, OH (US) 2001/0011620 Al 8/2001 Tiramani et al.
2006/0201958 Al 9/2006 Tiehen et al.
(73) Assignee: Flambeau, Inc., Baraboo, WI (US) OTHER PUBLICATIONS
(**) Term: 14 Years ArtBin Quick View Carry Case by Flambeau, as viewed on http://art.
artbin.com on Jul. 6, 2010 (8 pages). Refer to arrows on pp. 1 and 5. *
(21) Appl. No.: 29/357,316
* cited by examiner
(22) Filed: Mar. 10, 2010 Primary Examiner-Elizabeth A Albert
Assistant Examiner-Karen E Eldridge Powers
(51) LOC (9) Cl. .................................................. 03-01 (74) Attorney, Agent, or Firm-Quarles & Brady LLP
(52) U.S. Cl. ....................................................... D3/282
( 58) Field of Classification Search . ... ... ... ... .. ... D3/201, (57) CLAIM
D3/273,276,280,282,283,284,292,294,
D31295, 315,318,321,323,901,905; 190/121; The ornamental design for a case, as shown and described.
206/349, 373; 220/675; 222/465.1
See application file for complete search history. DESCRIPTION

(56) References Cited FIG. 1 is a right, top, front perspective view of a case accord-
ing to our new design;
U.S. PATENT DOCUMENTS FIG. 2 is a top plan view thereof;
0278,189 S 4/1985 Frydenberg FIG. 3 is a front elevational view thereof;
D314,669 S * 2/1991 Kunimune ................... D3/282
FIG. 4 is a rear elevational view thereof;
D351,504 S * 10/1994 Tarozzi ........................ D3/276
5,394,966 A * 3/1995 Chow ......................... 190/119 FIG. 5 is a right side elevational view thereof, the left side
D357,117 S * 4/1995 Huang ......................... D3/276 elevational view thereof being a mirror image of the right side
D368,371 S * 4/1996 Calmeise ..................... D3/282 shown; and,
D390,357 S * 2/ 1998 Rosen ......................... D3/282
D393,945 S 5/ 1998 Urvoy FIG. 6 is a bottom plan view thereof.
5,915,553 A * 6/1999 Brown et al. ................ 206/372 The broken line representations in the figures illustrate fea-
D412,397 S * 8/ 1999 Liu ............................. D3/282 tures of the article to which the design is applied that form no
D413,202 S * 8/1999 Schmitt et al. ............... D3/276 part of the claimed design. The interior broken line in FIG. 6
D413,440 S * 9/1999 Schurman .................... D3/282 which defines the bounds of the claimed design forms no part
D417,781 S * 12/1999 Staheli ........................ D3/282
thereof.
D419,297 S 1/2000 Richardson et al.
D428,699 S * 8/2000 Gibson et al. ................ D3/282
D439,408 S * 3/2001 Gibson et al. ................ D3/282 1 Claim, 4 Drawing Sheets
Case: 3:19-cv-00573 Document #: 1-8 Filed: 07/12/19 Page 3 of 6

U.S. Patent Mar.1, 2011 Sheet 1 of 4 US D633,294 S


Case: 3:19-cv-00573 Document #: 1-8 Filed: 07/12/19 Page 4 of 6

U.S. Patent Mar.1, 2011 Sheet 2 of 4 US D633,294 S

' I I I II II I '

FIG. 2
Case: 3:19-cv-00573 Document #: 1-8 Filed: 07/12/19 Page 5 of 6

U.S. Patent Mar.1, 2011 Sheet 3 of 4 US D633,294 S

I IIt I I

FIG. 3

111 , ii',, .. 11111 I • • • .. 1111, I. .. ,r;---~ 1 \ \•1


£
-1 I --:rf,Wit,Fr--,...------:.~,1i"r%~v~r- I1
r :;;fl- ... --- ......... - ....... -~-
1:
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11 111111,
< ..;; -..,....,.- ...... - - .....

111111
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111,
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FIG. 4
Case: 3:19-cv-00573 Document #: 1-8 Filed: 07/12/19 Page 6 of 6

U.S. Patent Mar.1, 2011 Sheet 4 of 4 US D633,294 S

ft,..~, ~I I I III I I II 11, I


f,;,1 I
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FIG. 6
Case: 3:19-cv-00573 Document #: 1-9 Filed: 07/12/19 Page 1 of 3

EXHIBIT 9
Magnetic Die Storage Case - Includes 3 Magnetic Sheets Page 1 of 2
Case: 3:19-cv-00573 Document #: 1-9 Filed: 07/12/19 Page 2 of 3

Crafting creativity since 1954


 Register  Log In

Home Organization & Storage Scrapbooking Storage Magnetic Die Storage Case - Holds 9 x 6-inch Magnetic Sheets - Includes 3 Sheets

Magnetic Die Storage Case - Holds 9 X 6-Inch


Magnetic Sheets - Includes 3 Sheets
Item #: 121810

★★★★★ 4.7 (3)

Keep track of your die-cutting supplies with this magnetic die storage case.
It secures your scrapbook materials with three 9 x 6-inch magnetic sheets,
and it has a semitransparent cover that lets you quickly and easily find what
you're looking for. The magnetic die storage case is easy to carry with its
side handle. Additional magnetic storage sheets are available.

In Stock

Log in for price

SPECIFICATIONS REVIEWS

Magnetic Die Storage Case - Holds 9 x 6-inch Magnetic Sheets - Includes 3


Sheets

Item #: 121810

UPC #: 652695089916

Minimum Qty: 4 EA

Your Price: n/a

Case Pack: 24 EA

Inner Pack: 4 EA

In Stock: Yes

Color: Other

Shape: Other

Brand Name: Darice

Product Type: Cutting Die Storage

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https://www.darice.com/store/details/catalog/wholesale-organizers-scrapbooking/121810 7/12/2019
Magnetic Die Storage Case - Includes 3 Magnetic Sheets Page 2 of 2
Case: 3:19-cv-00573 Document #: 1-9 Filed: 07/12/19 Page 3 of 3

©2019 Darice, Inc. All rights reserved

https://www.darice.com/store/details/catalog/wholesale-organizers-scrapbooking/121810 7/12/2019
Case: 3:19-cv-00573 Document #: 1-10 Filed: 07/12/19 Page 1 of 6

EXHIBIT 10
Case: 3:19-cv-00573 Document #: 1-10 Filed: 07/12/19 Page 2 of 6

- I NS/IMRI 11nn f N I I uu
Case: 3:19-cv-00573 Document #: 1-10 Filed: 07/12/19 Page 3 of 6
Case: 3:19-cv-00573 Document #: 1-10 Filed: 07/12/19 Page 4 of 6

D\E. CUl E.MBOSS\NG STENCIL CASE


Store die cut embossing stencils neatly together
on magnet mats in convenient case.

D\E DE DECOUPE EMBOSSAGE POCHOIR CAS


Magasin die cut-pochoirs de gaufrage soigneusement
ensernb\esur des nattes d'airnant au cos pratique.

MOR\R CORlE REALZANDO LA PLANT,LLA CASO


'Tienda troque\ada, rea\zando las plantillas prolijamente
;untos el iman esteras en caso practico.

l\01111"1 AND CRAFT \TI.NI. 1101 A10"1


ARllCl E. DE. BRICOlAGE.. PAS UN JOU£T • COSADE MANA YARlE. NO ES UN JUGUElE
©OARICE, INC. 2014. OISlRIBUl\:D BY • DISlRIBUE PAR • OISTRIBUIDO PDR
DARICE., INC. • 13000 tlARICE PKWY, STROIIGS~lllE, 011 44149 • WWW.OARICE.COM
CASE NIAtlE Ill CIIIMA • CAS fABRIQUEE Ell CIIIME • CAJA IIECIIA EN CHIMA
MAGM£T Sl\E£TS NIADE IM Tl\E USA • FEUlllES AIMANTEES FABRIQUE AUX E.U.
l\OJAS DEL IM~N l\ECI\O EN lOS EEUU
ASSENIBlED IN usr. • ASSE.MB\.E AUX Etr.TS-\JIIIS • EMSAMBLADO Ell EE.UU.
Case: 3:19-cv-00573 Document #: 1-10 Filed: 07/12/19 Page 5 of 6

,
a tro ,• e ada, realzando la
Case: 3:19-cv-00573 Document #: 1-10 Filed: 07/12/19 Page 6 of 6

. , ,
os e. 1rnan es eras en caso

HOBBY A, DC . OT TOY
-
· TICLE D RC E. PAS U JOUET • COSA DE,, A IE.
©DAR CE, INC. 2014. DIS RIBUTED B DISTRIBUE P R • DSTRIBUI
DARICE, INC. • 13000 DARICE PK O GS ILLE OH 4149 • WWW.DARICE.COM

CASE MADE IN CHINA • C F B 10 E CHI E C "' HECHA EN, CHINA,
AGNET SHEETS .,,
MADE T F U I E F BRIOUE AUX E.U •
HOJAS DEL IMAN HECHO E O II
U ii

SSEMBLEO IN USA E .uu.


Case: 3:19-cv-00573 Document #: 1-11 Filed: 07/12/19 Page 1 of 2

EXHIBIT 11
Case: 3:19-cv-00573 Document #: 1-11 Filed: 07/12/19 Page 2 of 2

Flambeau Merchant Case Sample Infringing Case

QB\58459401.1
Case: 3:19-cv-00573 Document #: 1-12 Filed: 07/12/19 Page 1 of 3

EXHIBIT 12
Case: 3:19-cv-00573 Document #: 1-12 Filed: 07/12/19 Page 2 of 3

U.S. Patent D633,294 S Sample Accused Product

QB\58456669.1
Case: 3:19-cv-00573 Document #: 1-12 Filed: 07/12/19 Page 3 of 3

U.S. Patent D633,294 S Sample Accused Product

QB\58456669.1
Case: 3:19-cv-00573 Document #: 1-13 Filed: 07/12/19 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
Western District
__________ Districtofof
Wisconsin
__________

Flambeau, Inc. )
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
The Michaels Companies, Inc. and Darice, Inc. )
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) Darice, Inc.


c/o Registered Agent, Corporation Service Company
50 West Broad Street, Suite 1330
Columbus, OH 43215

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Anthony A. Tomaselli
Quarles & Brady LLP
33 East Main Street, Suite 900
Madison, WI 53703

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
Case: 3:19-cv-00573 Document #: 1-13 Filed: 07/12/19 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)


was received by me on (date) .

u I personally served the summons on the individual at (place)


on (date) ; or

u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) , who is


designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

u I returned the summons unexecuted because ; or

u Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:


Case: 3:19-cv-00573 Document #: 1-14 Filed: 07/12/19 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
Western District
__________ Districtofof
Wisconsin
__________

Flambeau, Inc. )
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
The Michaels Companies, Inc. and Darice, Inc. )
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) The Michaels Companies, Inc.


c/o Registered Agent, Corporation Service Company
251 Little Falls Drive
Wilmington, DE 19808

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Anthony A. Tomaselli
Quarles & Brady LLP
33 East Main Street, Suite 900
Madison, WI 53703

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
Case: 3:19-cv-00573 Document #: 1-14 Filed: 07/12/19 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)


was received by me on (date) .

u I personally served the summons on the individual at (place)


on (date) ; or

u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) , who is


designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

u I returned the summons unexecuted because ; or

u Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:


Case: 3:19-cv-00573 Document #: 1-15 Filed: 07/12/19 Page 1 of 2
JS 44 (Rev. 0) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS


Flambeau, Inc. The Michaels Companies, Inc. and Darice, Inc.

(b) County of Residence of First Listed Plaintiff Sauk 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)

Anthony A. Tomaselli, Anita Marie Boor, Quarles & Brady, LLP,


33 East Main Street, Ste. 900, Madison, WI 53703 (608) 251-5000

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)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State

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

Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6


Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers’ Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 835 Patent - Abbreviated u 460 Deportation
Student Loans u 340 Marine Injury Product New Drug Application u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability u 840 Trademark Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY u 480 Consumer Credit
of Veteran’s Benefits u 350 Motor Vehicle u 370 Other Fraud u 710 Fair Labor Standards u 861 HIA (1395ff) u 485 Telephone Consumer
u 160 Stockholders’ Suits u 355 Motor Vehicle u 371 Truth in Lending Act u 862 Black Lung (923) Protection Act
u 190 Other Contract Product Liability u 380 Other Personal u 720 Labor/Management u 863 DIWC/DIWW (405(g)) u 490 Cable/Sat TV
u 195 Contract Product Liability u 360 Other Personal Property Damage Relations u 864 SSID Title XVI u 850 Securities/Commodities/
u 196 Franchise Injury u 385 Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) Exchange
u 362 Personal Injury - Product Liability u 751 Family and Medical u 890 Other Statutory Actions
Medical Malpractice Leave Act u 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 790 Other Labor Litigation FEDERAL TAX SUITS u 893 Environmental Matters
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: u 791 Employee Retirement u 870 Taxes (U.S. Plaintiff u 895 Freedom of Information
u 220 Foreclosure u 441 Voting u 463 Alien Detainee Income Security Act or Defendant) Act
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRS—Third Party u 896 Arbitration
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 u 899 Administrative Procedure
u 245 Tort Product Liability Accommodations u 530 General Act/Review or Appeal of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION Agency Decision
Employment Other: u 462 Naturalization Application u 950 Constitutionality of
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration State Statutes
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict u 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
15 U.S.C. 1125 et seq.; 35 U.S.C. 271 et seq.
VI. CAUSE OF ACTION Brief description of cause:
Trade dress infringement, false designation of origin, unfair competition, design patent infringement
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
07/12/2019 /s/ Anthony A. Tomaselli
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE


JS 44 Reverse (Rev. 0) Case: 3:19-cv-00573 Document #: 1-15 Filed: 07/12/19 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 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 by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. 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)".

,, Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., 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.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 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.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 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.)

,,, Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

,9 Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

9 Origin. Place an "X" in one of the seven boxes.


Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.PLEASE
NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due tochanges in
statue.

9, 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

9,, Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
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.

9,,, Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.
Case: 3:19-cv-00573 Document #: 1-16 Filed: 07/12/19 Page 1 of 1
AO 120 (Rev. 08/10)

Mail Stop 8 REPORT ON THE


TO:
Director of the U.S. Patent and Trademark Office FILING OR DETERMINATION OF AN
P.O. Box 1450 ACTION REGARDING A PATENT OR
Alexandria, VA 22313-1450 TRADEMARK

In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
filed in the U.S. District Court Western District of Wisconsin on the following
G Trademarks or ✔ Patents.
G ( G the patent action involves 35 U.S.C. § 292.):

DOCKET NO. DATE FILED U.S. DISTRICT COURT


7/12/2019 Western District of Wisconsin
PLAINTIFF DEFENDANT
Flambeau, Inc. The Michaels Companies, Inc. and Darice, Inc.

PATENT OR DATE OF PATENT


HOLDER OF PATENT OR TRADEMARK
TRADEMARK NO. OR TRADEMARK
1 D633,294 3/1/2011 Flambeau, Inc.

In the above—entitled case, the following patent(s)/ trademark(s) have been included:
DATE INCLUDED INCLUDED BY
G
Amendment G Answer G Cross Bill G Other Pleading
PATENT OR DATE OF PATENT
HOLDER OF PATENT OR TRADEMARK
TRADEMARK NO. OR TRADEMARK
1

In the above—entitled case, the following decision has been rendered or judgement issued:
DECISION/JUDGEMENT

CLERK (BY) DEPUTY CLERK DATE

Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy