Spyderco v. Classic Blades - Complaint

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TENNESSEE, AT KNOXVILLE
SPYDERCO, INC., )
a Colorado corporation, )
)
Plaintiff, ) Case No. 3:19-cv-00413
)
v. )
)
CLASSIC BLADES AND GIFTS, ) JURY TRIAL DEMANDED
a Tennessee sole proprietorship; and )
IRINA KHAN, an individual, )
)
Defendants. )
COMPLAINT
Plaintiff Spyderco, Inc. (hereinafter “Plaintiff” or “Spyderco”) files this Complaint against
Defendants Classic Blades and Gifts (“Classic Blades”) and Irina Kahn (“Ms. Khan”)
(collectively, “Defendants”), alleging as follows:
I. THE PARTIES
1. Spyderco is a Colorado corporation, having its principal place of business at 820
Spyderco Way, Golden, Colorado 80403.
2. Upon information and belief, Classic Blades is a company having a principal place
of business at 812 Parkway, Suite #108, Gatlinburg, Tennessee 37738. Attached hereto as Exhibit
A is a true and accurate copy of Classic Blades’ business card, which is incorporated herein by
this reference.
3. On information and belief, Ms. Khan is the sole principal and active agent behind
the business activities of Classic Blades. Attached hereto as Exhibit B is a true and accurate copy
of the LexisNexis business records search on Classic Blades and Gifts.
Case 3:19-cv-00413 Document 1 Filed 10/18/19 Page 1 of 37 PageID #: 1

4. Ms. Khan is a Tennessee resident having a residence, upon information and belief,
at 611 Skyline Drive, Gatlinburg, Tennessee 37738.
5. Classic Blades is subject to process by serving Ms. Khan or another Classic Blades
employee at 812 Parkway, Suite #108, Gatlinburg, Tennessee 37738.
II. JURISDICTION AND VENUE
6. Classic Blades operates a brick and mortar store in Gatlinburg, Tennessee focused
on selling knives and related products. Classic Blades’ business website is
https://www.facebook.com/pages/Classic-Blades-Gifts/111489542222417. This action arises out
of Defendants’ offer for sale, and sale of counterfeit knives through its brick and mortar store.
7. This is thus an action for willful counterfeiting, willful trademark infringement, and
unfair competition under the Lanham Act, 15 U.S.C. § 1051, et seq., and patent infringement under
the Patent Laws of the United States, 35 U.S.C. § 101, et seq., and related state causes of action.
8. This Court has jurisdiction over the subject matter of this action pursuant to
15 U.S.C. § 1121 and 28 U.S.C. §§ 1331 and 1338, and pendant jurisdiction over the other claims
for relief asserted herein. This Court has supplemental jurisdiction over Spyderco’s state law
claims under 28 U.S.C. § 1367, as they are so related to the federal claims that they form part of
the same case or controversy.
9. This Court has personal jurisdiction over Defendants because their principal place
of business is in this judicial district, Classic Blades is a Tennessee sole proprietorship, and Ms.
Kahn is a Tennessee citizen, and they have committed and continue to commit acts of
counterfeiting and infringement in violation of, among other statutes, 35 U.S.C. § 271, in the State
of Tennessee because they place infringing products into the stream of commerce with the
knowledge or understanding that such products are sold in the State of Tennessee, including in this
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District. Upon information and belief, Defendants derive substantial revenue from the sale of
infringing products within this District and in interstate commerce, and Defendants expect their
actions to have consequences within this District.
10. Venue over this action is proper in this Court under 28 U.S.C. §§ 1391(b) and (c),
and 28 U.S.C. § 1400(b) because both Defendants reside in this judicial district, have committed
acts of infringement in this District, and have a principal place of business in this District.
III. GENERAL ALLEGATIONS
A. Spyderco’s Federally Registered Trademarks
11. Spyderco is engaged in the business of, among other things, designing, developing,
manufacturing, and distributing knives and knife accessories. Many of these products are
manufactured at Spyderco’s Golden, Colorado facility, and all its business operations occur out of
that facility. Spyderco and its products are recognized by the knife industry as being among the
very best in quality and distinctiveness in the world. (See Exhibit C, which is incorporated herein
by this reference.) Spyderco’s business and product reputation are its most prized business assets.
12. Spyderco is the owner of now incontestable U.S. Trademark Registration Number
1,965,458 for “SPYDERCO” in International Class 8 (U.S. Classes 23, 28, and 44) for folding
knives (the “Spyderco Mark”). A true and accurate copy of the Spyderco Mark registration is
attached hereto as Exhibit D, which is incorporated herein by this reference. Based upon
Spyderco’s continuous, non-interrupted use of that trademark for years in interstate commerce,
relevant consumers have come to associate it exclusively with Spyderco, who thus also acquired
strong common law trademark rights in and to the Spyderco Mark long before Defendants, who,
without authorization, used the identical mark on visually identical knives.
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13. Spyderco is also the owner of now incontestable U.S. Trademark Registration
Number 1,957,810 in International Class 8 (U.S. Classes 23, 28, and 44) for knives (the “Spider
Design Mark”).
A true and accurate copy of the Spider Design Mark registration is attached hereto as Exhibit E,
which is incorporated herein by this reference. Based upon Spyderco’s continuous, non-interrupted
use of that trademark for years in interstate commerce, relevant consumers have come to associate
it exclusively with Spyderco, who thus acquired strong common law trademark rights in and to the
Spider Design Mark long before Defendants, who, without authorization, used the identical mark
on visually identical knives.
14. Spyderco is the owner of now incontestable U.S. Trademark Registration Number
2,033,317 in International Class 8 (U.S. Classes 23, 28, and 44) for folding knives (the “Round
Hole Mark”).
A true and accurate copy of the Round Hole Mark registration is attached hereto as Exhibit F,
which is incorporated herein by this reference. Based upon Spyderco’s continuous non-interrupted
use of that trademark for years in interstate commerce, relevant consumers have come to associate
it exclusively with Spyderco, who thus acquired strong common law trademark rights in and to the
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Round Hole Mark long before Defendants, who, without authorization, used the identical mark on
visually identical knives.
15. Spyderco is the owner of U.S. Trademark Registration Number 4,884,288 in
International Class 8 (U.S. Classes 23, 28, and 44) for, among other things, knives (the “Packaging
Design Mark”).
A true and accurate copy of the Packaging Design Mark registration is attached hereto as Exhibit
G, which is incorporated herein by this reference. Based upon Spyderco’s continuous, non-
interrupted use of that product packaging configuration trademark for years in interstate
commerce, relevant consumers have come to associate it exclusively with Spyderco, who thus
acquired strong common law trademark rights in and to the Packaging Design Mark long before
Defendants, who, without authorization, used identical packaging.
16. Spyderco is the owner of U.S. Trademark Registration No. 5,236,430 in
International Class 8 (U.S. Classes 23, 28, and 44) for knives (the “Eric Signature Tag Mark”).
A true and accurate copy of the Eric Signature Tag Mark registration is attached hereto as Exhibit
H, which is incorporated herein by this reference. Based upon Spyderco’s continuous, non-
interrupted use of that trademark for years in interstate commerce, relevant consumers have come
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to associate it exclusively with Spyderco, who thus acquired strong common law trademark rights
in and to the Eric Signature Tag Mark long before Defendants, who, without authorization, used
an identical mark on visually identical knives.
17. Spyderco is the owner of U.S. Trademark Registration No. 5,236,431 in
International Class 8 (U.S. Classes 23, 28, and 44) for knives (the “Sal Signature Tag Mark”).
A true and accurate copy of the Sal Signature Tag Mark registration is attached hereto as Exhibit
I, which is incorporated herein by this reference. Based upon Spyderco’s continuous non-
interrupted use of that trademark for years in interstate commerce, relevant consumers have come
to associate it exclusively with Spyderco, who thus acquired strong common law trademark rights
in and to the Sal Signature Tag Mark long before Defendants, who, without authorization, used an
identical mark on visually identical knives.
18. The Spyderco Mark, the Spider Design Mark, the Round Hole Mark, the Packaging
Design Mark, the Eric Signature Tag Mark, and the Sal Signature Tag Mark are collectively
referred to below as the “Spyderco Marks.”
19. All the registrations for the Spyderco Marks are valid and subsisting, and Spyderco
also owns common law rights in the Spyderco Marks for use in connection with Spyderco’s
products. Spyderco has never abandoned the Spyderco Marks nor has Spyderco ever abandoned
the goodwill of its businesses associated therewith. Spyderco intends to continue to preserve and
maintain its rights with respect to the Spyderco Marks and has and continues to undertake
substantial and continuing policing of the Spyderco Marks.
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20. Through Spyderco’s consistent use of the Spyderco Marks on or in connection with
high-quality products, these marks have become indicators of source for Spyderco’s products.
B. Spyderco’s Products
21. Spyderco sells its products on its website at www.spyderco.com, through
authorized distributors and dealers, and at the Spyderco store located in Golden, Colorado.
22. One of Spyderco’s popular knives is known as the Squeak, and that product name
is included on packaging and marketing collateral for the product. Information about that product
is listed on Spyderco’s website at https://www.spyderco.com/catalog/details.php?product=674,
and that information is incorporated herein by this reference. The Spyderco Squeak comes in a
variety of styles and has been sold for more than seven years. Relevant information about
Spyderco’s Squeak is set forth below:
23. Many of the Squeak model knives are shipped in packaging comprising Spyderco’s
Packaging Design Mark with a promotional insert letter from Spyderco explaining the history and
background of the Squeak knife model.
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24. One of Spyderco’s most recognized and iconic knives is known as the Endura and
that product name is included on packaging and marketing collateral for the product. Information
about that product is listed on Spyderco’s website at https://www.spyderco.com/catalog/details/
C10F/454, and that information is incorporated herein by this reference. The Spyderco Endura
comes in a variety of styles and has been sold for almost three decades. Relevant information about
Spyderco’s Endura is set forth below:
25. Many of the Endura model knives are shipped in packaging comprising Spyderco’s
Packaging Design Mark with a promotional insert letter from Spyderco explaining the history and
background of the Endura knife model.
26. A third popular Spyderco knife sold by Spyderco is known as the Yojimbo and that
product name is included on packaging and marketing collateral for the product. Information about
the Yojimbo knife is listed on Spyderco’s website at https://www.spyderco.com/catalog/details/
C85GM42/1208, and that information is incorporated herein by this reference. Relevant
information about Spyderco’s Yojimbo model knife is set forth below:
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27. Many of the Yojimbo model knives are also shipped in packaging comprising
Spyderco’s Packaging Design Mark with a promotional insert letter from Spyderco explaining the
history and background of the Yojimbo knife model.
28. A fourth popular Spyderco knife sold by Spyderco is known as the Domino and
that product name is included on packaging and marketing collateral for the product. Information
about the Domino knife is listed on Spyderco’s website at
https://www.spyderco.com/catalog/details/C172CFTI/839, and that information is incorporated
herein by this reference. Relevant information about Spyderco’s Domino model knives is set forth
below:
29. Many of the Domino model knives are shipped in packaging comprising
Spyderco’s Packaging Design Mark with a promotional insert letter from Spyderco explaining the
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history and background of the Domino knife model. A copy of the promotional insert letter
accompanying the Domino model knives is set forth below:
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30. Spyderco also, for over a decade, has packaged and shipped its knives in boxes
bearing its federally registered trade dress, the Packaging Design Mark, detailed above in
Paragraph 15. Photographs of the Spyderco product packaging bearing the Packaging Design
Mark are set forth below for reference:
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31. Spyderco maintains strict quality control standards for its products. Customers,
potential customers, and other members of the public and industry associate Spyderco’s products
with high-quality materials, style, and functionality. Spyderco’s products are among the most
sought-after folding knives offered for sale in the United States and abroad. Many consumers
purchase Spyderco’s products because of Spyderco’s reputation for high-quality, durable, long-
lasting products—characteristics that result from Spyderco’s strict material and manufacturing
standards.
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32. Spyderco has spent millions of dollars on advertising and promoting products
marked with one or more of the Spyderco Marks, and Spyderco has enjoyed hundreds of millions
of dollars in sales.
33. Spyderco’s reputation, which translates into product sales, is a direct result of its
extensive advertising and promotion, the care and skill utilized in the manufacturing of its
products, the uniform high quality of such products sold under or in connection with the Spyderco
Marks, and the public acceptance thereof. Spyderco has created invaluable goodwill throughout
the United States and elsewhere by selling products of consistent dependable quality. Based on the
extensive sales of Spyderco’s products and the wide popularity of the Spyderco brand, the
Spyderco Marks have developed a secondary meaning and significance in the minds of the
purchasing public, and the services and products utilizing and/or bearing such marks and names
are immediately identified with Spyderco by the purchasing public. Spyderco’s valuable goodwill
and brand value is being blurred and has been tarnished by the rampant infringement and
counterfeiting alleged herein, all of which is being facilitated for profit by Defendants.
C. Spyderco’s Relevant Common Law Trademarks
34. Spyderco has marketed and sold a variety of unique folding knife products for at
least seven (7) years under and in connection with the designation SQUEAK. These knives have
met with commercial success and consumer recognition. Because of this success and years of
superior product development and customer service, Spyderco has developed substantial
significant consumer recognition, trust, loyalty, and goodwill in and to its successful SQUEAK
trademark. Based upon Spyderco’s continuous, non-interrupted use of that designation for seven
(7) years in interstate commerce, relevant consumers have come to associate it exclusively with
Spyderco, who has thus acquired strong common law trademark rights in and to SQUEAK long
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before Defendants, who, without authorization, used the identical mark on visually identical
knives.
35. Spyderco has marketed and sold a variety of unique folding knife products for
almost three decades under and in connection with the designation ENDURA. These knives have
significant consumer recognition, trust, loyalty, and goodwill in and to its successful ENDURA
trademark. Based upon Spyderco’s continuous, non-interrupted use of that designation for almost
three decades in interstate commerce, relevant consumers have come to associate it exclusively
with Spyderco, who has thus acquired strong common law trademark rights in and to ENDURA
long before Defendants, who, without authorization, used the identical mark on visually identical
knives.
least three (3) years under and in connection with the designation YOJIMBO. These knives have
significant consumer recognition, trust, loyalty, and goodwill in and to its successful YOJIMBO
trademark. Based upon Spyderco’s continuous, non-interrupted use of that designation for three
(3) years in interstate commerce, relevant consumers have come to associate it exclusively with
Spyderco, who has thus acquired strong common law trademark rights in and to YOJIMBO long
before Defendants, who, without authorization, used the identical mark on visually identical
knives.
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least five (5) years under and in connection with the designation DOMINO. These knives have
been met with commercial success and consumer recognition. Because of this success and years
of superior product development and customer service, Spyderco has developed substantial and
significant consumer recognition, trust, loyalty, and goodwill in and to its successful DOMINO
trademark. Based upon Spyderco’s continuous, non-interrupted use of that designation for five (5)
years in interstate commerce, relevant consumers have come to associate it exclusively with
Spyderco, who has thus acquired strong common law trademark rights in and to DOMINO long
before Defendants.
38. The trademarks discussed in paragraphs 34-37 hereof will collectively be referred
to below as the “Common Law Trademarks.”
D. Spyderco’s U.S. Design Patent
39. On April 12, 2016, the USPTO duly and legally issued United States Patent No.
D753,459 entitled “Folding Knife” (“the ‘D459 Patent”) to Spyderco. A true and correct copy of
the ‘D459 Patent is attached hereto as Exhibit J and incorporated herein by this reference. Spyderco
is the owner of all right, title, and interest in and to the ‘D459 Patent, including the right to sue and
collect damages for past infringement thereof.
E. Defendants and Their Infringing Conduct
40. Upon information and belief, Classic Blades operates a local knife distribution
business, selling various knife brands through its Gatlinburg store. Included in the knife products
that are offered for sale through Ms. Khan’s Classic Blades storefront are a number of different
“Spyderco” knife models.
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41. A consumer shared a picture, on June 24, 2019, with Spyderco of “Spyderco”
knives that Ms. Khan’s Classic Blades store then had on display for sale and that the consumer
believed were counterfeit Spyderco knives.
42. Spyderco subsequently hired an investigator (the “Investigator”) to investigate Ms.
Khan’s Classic Blades store and the products Defendants were selling. The Investigator obtained
a video, on August 8, 2018, of a walkthrough of Ms. Khan’s Classic Blades store. The video shows
that Classic Blades had on display for sale a variety of knives marked as “Spyderco” that were
priced significantly lower than the manufacturer’s suggested retail price (“MSRP”) for these
knives. The knives on display included, but were not limited to, Spyderco’s Endura, Squeak,
Yojimbo, and Domino knives. Each of these knives incorporated one or more of the Spyderco
Marks and were accompanied by packaging marked with Spyderco’s Packaging Design Mark.
43. The video also shows that the Investigator purchased a “Spyderco Endura,”
“Spyderco Squeak,” “Spyderco Yojimbo,” and “Spyderco Domino” from a sales representative
working at the Classic Blades store on that same day and for a total of $197.51. This purchase
would have cost approximately $765 if the knives were authentic Spyderco knives. Attached
hereto as Exhibit K is a true and correct copy of the receipt. The purchased knives are pictured
below (the “Counterfeit Knives”):
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Counterfeit Counterfeit Counterfeit Counterfeit
“Squeak” “Endura” “Domino” “Yojimbo”
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44. Each of the Counterfeit Knives also came in packaging that infringes Spyderco’s
Packaging Design Mark. Below are images of Defendants’ product packaging (the “Counterfeit
Packaging”) and an image of an authentic Spyderco package:
Defendants’ Counterfeit Packaging Accompanying the Counterfeit Knives
Spyderco’s Authentic Product Packing Incorporating its Packaging Design Mark
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45. As shown above, the designs on Defendants’ Counterfeit Packaging are
substantially similar to Spyderco’s Packaging Design Mark, however, there are minor differences
indicating Defendants’ Counterfeit Packaging is not authentic.
46. Further review of the purchased knives shows Defendants’ Counterfeit Knives are
different from authentic Spyderco Squeak, Endura, Domino, and Yojimbo knives in a number of
ways. The below tables outline several differences between Defendants’ Counterfeit Knives and
Spyderco’s authentic knives:
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Table 1: Comparison of Defendants’ Counterfeit “Squeak”
and an authentic Spyderco Squeak knife
Defendants’ Counterfeit “Squeak” Spyderco’s Squeak
Sale Price $14.99 $85.00 (MSRP)

Metal Clip Solid; located proximal from the Wired; located distal from the point
point of contact where the handle of contact where the handle meets the
meets the blade blade
Spider Design Less prominent More prominent
on Handle:
Spider Design Less prominent More prominent
on Blade:
Handle: Different type of screws Different type of screws
Round Hole: ~0.43 in. diameter 0.47 in. diameter
Blade length ~2.5 in. 2.00 in.
Closed length ~3.5 in. 3.05 in.
Overall length ~6.0 in. 5.05 in.
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Table 2: Comparison of Defendants’ Counterfeit “Endura”
and an authentic Spyderco Endura knife
Defendants’ Counterfeit “Endura” Spyderco’s Endura
Sale Price: $54.99 $125.00 (MSRP)

Handle Less metal on the handle shown when Silver screw in center of the clip
the knife is in the closed position; black
screw in center of the clip
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Table 3: Comparison of Defendants’ Counterfeit “Yojimbo”
and an authentic Spyderco Endura knife
Defendants’ Counterfeit Spyderco’s Yojimbo
“Yojimbo”
Sale Price $34.99 $216 (MSRP)

Metal Clip Larger width Smaller width
Trademarks Not as prominent More prominent
Round Hole ~0.56 in. diameter 0.49 in. diameter
Blade length ~3.30 in. 3.2 in.
Closed length ~4.49 in. 4.49 in.
Overall length ~7.79 in. 7.69 in.
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Table 4: Comparison of Defendants’ Counterfeit “Domino”
and an authentic Spyderco Domino knife
Defendants’ Counterfeit “Domino” Spyderco’s Domino
Sale Price $74.99 $339.95 (MSRP)

Metal Clip Silver; screwed on closer to the edge of Black; screwed on farther from
the knife handle the edge of the handle
Trademarks Eric Tag Signature Mark closer to the Eric Tag Signature Mark closer
Round Hole Mark to the handle
Handle Does not have a black side; extra hole Three clip holes on proximal
seen on closed position, center left of and distal portion of the handle;
knife; does not have three clip holes on
top and bottom of the handle in open
view; does not have three clip holes as
shown in closed position, left side; tip of
handle is narrower
Handle Screws Smaller and different type Larger and different type
47. The Counterfeit Knives offered for sale and sold by Defendants as Spyderco knives
are made of inferior materials and have an inferior build quality. The Counterfeit Knives will not
perform as advertised and will fail in use much more quickly than authentic Spyderco knives.
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When they fail early and/or do not perform as expected, the original purchaser and/or a subsequent
purchaser, another acquirer, or just a person viewing unflattering use of the knives, will think less
of Spyderco and the quality of Spyderco’s products. Spyderco’s reputation is a prized business
asset, and the reputational loss visited upon Spyderco by Defendants’ sale of the Counterfeit
Knives, which is completely out of Spyderco’s control, could result in significant reputational
damage to Spyderco, its brand, and its products.
48. 35 U.S.C. § 1116(d)(1)(B)(i) and (ii) defines a counterfeit mark as a spurious mark
which is identical or indistinguishable from a mark registered on the principal register. Knowledge
of the registration is irrelevant. The Counterfeit Knives sold by Defendants include identical
Spyderco Marks: the Spyderco Mark, Spider Design Mark, Round Hole Mark, and Packaging
Design Mark. The counterfeit “Squeak” knife sold by Defendants also includes a mark
substantially indistinguishable from the Sal Signature Tag Mark and the Eric Signature Tag Mark,
both of which are registered on the Principle Trademark Register of the United States. The
counterfeit “Domino” knife also includes a mark substantially indistinguishable from the Eric
Signature Tag Mark. Defendants’ unauthorized advertisement, offer for sale, and sale of the
Counterfeit Knives thus constitutes distribution in interstate commerce of counterfeit goods under
15 U.S.C. § 1117(c).
49. The Counterfeit Knives that have been offered for sale and sold since at least June
2019 and August 2019 look nearly identical to authentic Spyderco Endura, Squeak, Domino, and
Yojimbo knives, but they were not manufactured or distributed by Spyderco. Rather, upon
information and belief, the Counterfeit Knives and more like them were likely acquired by
Defendants from a Chinese distributer for approximately $10 per unit. If that acquisition price is
accurate, Defendants have been and are continuing to generate a large profit from their illegal and
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unauthorized sale of the Counterfeit Knives. The only reason Defendants can generate a large
profit is because Spyderco spent decades generating a strong product offering, demand for its high-
quality goods and a near-cult following for knives. Defendants are free riding on Spyderco’s
corporate and product reputations to generate unbridled corporate gain and are undercutting the
MSRP of authentic Spyderco knives by approximately 200-600% to achieve their goal.
50. Through their conduct, Defendants have misappropriated the advertising ideas and
value of those ideas as included or otherwise covered by the Spyderco Marks and product
configurations.
51. Defendants also import, use, offer to sell, and sell a knife identical to the Spyderco
Domino and that knife infringes Spyderco’s ‘D459 Patent. Table 5 illustrates Defendants’
infringement by comparing figures from the ‘D459 Patent with exemplary images of the Classic
Blades’ counterfeit “Domino” knife.
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Table 5: Comparison of the ‘D459 Patent with Exemplary Pictures
of the Defendants’ Counterfeit “Domino” Knife
‘D459 Patent Figures Defendants’ “Domino” Knife
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52. As shown in these pictures, Defendants’ counterfeit “Domino” knife has a design
that is the same or substantially the same as the design of the ‘D459 Patent and Spyderco’s Domino
knife. The designs are so similar as to be identical such that an ordinary observer, giving such
attention as a purchaser usually gives, would be so deceived by the substantial similarity between
the designs to be induced to purchase Defendants’ products believing them to be substantially the
same as the design protected by the ‘D459 Patent.
53. Spyderco is not the source of the Classic Blades’ counterfeit “Domino” knife and
Spyderco has never licensed Defendants to use or allowed the use of the ‘D459 Patent in this
manner. Rather, and upon information and belief, Defendants’ counterfeit “Domino” knife, and
more like it, was likely acquired by Defendants from a Chinese distributer at a low price.
Defendants have been and continue to generate a large profit from the illegal and unauthorized
sale of the infringing “Domino” knife and others like it. The only reason Defendants can generate
this profit is because Spyderco spent decades generating a strong product offering, demand for its
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high-quality goods and a near-cult following for its knives. Defendants are free riding on
Spyderco’s corporate and product reputations to generate unbridled corporate gain and are severely
undercutting the MSRP of authentic Spyderco Domino knives to achieve their goal.
54. Upon information and belief, Defendants knew the knives marked as “Spyderco”
were not authentic Spyderco knives, as they are in the knife business, yet chose to buy and offer
the Counterfeit Knives for sale anyway. Defendants’ advertising, offer for sale, and sale of the
Counterfeit Knives was thus willful under 15 U.S.C. § 1117(c).
55. Further, the promotional insert accompanying the counterfeit Yojimbo references
the wrong knife. The promotional insert of the Yojimbo references the Spyderco Military Model
Ti, which was not the knife sold by Defendants. Below is a copy of the promotional insert
accompanying the Classic Blades “Yojimbo” knife, which corresponds to the Military Model Ti
(a.k.a. Ti-Mil/Millie) knife:
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56. The Spyderco Military Model Ti knife, pictured on the left below, is not the knife
sold by Defendants, pictured below on the right.
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Spyderco Military Model Ti Defendants’ “Yojimbo”
57. Defendants, thus, were obviously aware of exactly what they were doing when they
chose to offer for sale through their store the Counterfeit Knives. In short, Defendants knowingly
and wantonly chose to offer and sell the Counterfeit Knives and to irreparably damage Spyderco’s
superior, predominate, and valuable reputational rights reflected in the Spyderco Marks, the
Common Law Trademarks, and the ‘D459 Patent.
58. Defendants’ willful counterfeiting and infringement makes this an exceptional case,
entitling Spyderco to: (1) an award of treble actual damages in the form of Spyderco’s lost profits
and Defendants’ gross profits due to infringement of the federally registered Spyderco Marks and
Spyderco’s Common Law Trademarks under 15 U.S.C. § 1117(a); (2) an award of attorneys’ fees
and costs (including expert costs) under 15 U.S.C. § 1117(a) for infringement of the Spyderco
Marks and Common Law Trademarks; (3) an award of compensatory damages to cover a national
corrective advertising campaign that Spyderco must undertake to advise the purchasing public
about the hazards of acquiring a Domino, Squeak, Endura, or Yojimbo knife under 15 U.S.C.
§ 1117(a); (4) an award of prejudgment and post judgement interest under 15 U.S.C. § 1117(a)
and (b) for infringement of the federally registered Spyderco Marks and Common Law
Trademarks; and (5) an award from this Court of statutory damages for willful counterfeiting under
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15 U.S.C. § 1117(c)(2) of up to $2,000,000 per counterfeited mark (six federally registered
trademarks in total).
59. Defendants’ infringement of the ‘D459 Patent has been and continues to be willful
and intentional and with full knowledge of the existence and validity thereof. The willful and
intentional nature of Defendants’ infringement entitles Spyderco to an award of treble damages
pursuant to 35 U.S.C. § 284, and to an award of its attorneys’ fees pursuant to 35 U.S.C. § 285.
IV. FIRST CLAIM FOR RELIEF

(Trademark Infringement, Unfair Competition, and False Designation
of Origin Under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a))
60. Spyderco incorporates paragraphs 1 through 59 as though fully set forth herein.
61. Without Spyderco’s consent, Defendants have used, on and in connection with the
sale, offering for sale, distribution and advertising of their Counterfeit Knives, the Spyderco Marks
and Common Law Trademarks, where Ms. Khan is an active agent behind the actions taken by
Classic Blades.
62. These acts constitute trademark infringement and have been committed with the
intent to cause confusion, mistake, or deception, and are in violation of 15 U.S.C. § 1125(a).
63. As a direct and proximate result of Defendants’ infringing activities, Spyderco is
entitled to recover Defendants’ unlawful profits and Spyderco’s damages under 15 U.S.C.
§ 1117(a).
64. Defendants’ infringement of the Spyderco Marks and Common Law Trademarks is
exceptional and intentional, entitling Spyderco to treble the amount of its damages and
Defendants’ profits, and to an award of attorneys’ fees and costs under 15 U.S.C. § 1117(a).
32
65. Spyderco has suffered and will continue to suffer irreparable injury due to
Defendants’ actions if Defendants are not preliminarily and permanently enjoined. Spyderco is
entitled to injunctive relief pursuant to 15 U.S.C. § 1116(a).
V. SECOND CLAIM FOR RELIEF

(Federal Trademark Infringement of the Spyderco Marks
Under § 32 of the Lanham Act, 15 U.S.C. § 1114)
sale, offering for sale, distribution, and advertising of their Counterfeit Knives, the Spyderco
Marks. Defendants are promoting and advertising, selling, offering for sale, and distributing
counterfeit and infringing knives bearing the Spyderco Marks. Ms. Khan is an active agent behind
the actions taken by Classic Blades.
68. These acts are likely to cause confusion in the trade and among the general public
as to at least the origin and quality of the Counterfeit Knives.
69. With actual or constructive notice of Spyderco’s federal registration rights under
15 U.S.C. § 1072, and long after Spyderco commenced use of the Spyderco Marks, Defendants
made unauthorized commercial uses in commerce of the Spyderco Marks.
70. These illegal acts constitute trademark infringement of the Spyderco Marks in
violation of Spyderco’s rights under § 32 of the Lanham Act, 15 U.S.C. § 1114.
71. Defendants’ infringement of the Spyderco Marks is exceptional and intentional,
entitling Spyderco to treble the amount of its damages and Defendants’ profits, and to an award of
attorneys’ fees and costs under 15 U.S.C. § 1117.
33
72. Spyderco has suffered and will continue to suffer irreparable injury due to
Defendants’ actions if Defendants are not preliminarily and permanently enjoined. Spyderco is
entitled to injunctive relief pursuant to 15 U.S.C. § 1116(a).
VI. THIRD CLAIM FOR RELIEF

(Willful Federal Counterfeiting, § 35 (a) & (c) of the Lanham Act,
15 U.S.C. § 1117(a) & (c))
sale, offering for sale, distribution and advertising of their Counterfeit Knives designations that
are identical to the Spyderco Marks, where Ms. Khan is an active agent behind the actions taken
by Classic Blades.
75. These acts constitute willful trademark counterfeiting in violation of 15 U.S.C.
§ 1117(a) and (c).
76. As a direct and proximate result of Defendants’ activities, Spyderco is entitled to
recover, among other things, statutory damages under 15 U.S.C. § 1117(c).
77. Defendants’ counterfeiting renders this case exceptional and intentional, entitling
Spyderco to, among other things, an award of attorneys’ fees under 15 U.S.C. § 1117(a).
78. Spyderco is entitled to injunctive relief pursuant to 15 U.S.C. § 1116(a).
VII. FOURTH CLAIM FOR RELIEF

(Infringement of U.S. Patent No. D753,459 Under 35 U.S.C. § 271(a))
80. By importing, using, offering for sale, and selling knife products in the United
States that infringe the ‘D459 Patent, without authorization or license from Spyderco, Defendants
have been and are currently in violation of 35 U.S.C. §271(a), where Ms. Khan is an active agent
behind the actions taken by Classic Blades.
34
81. Spyderco has been damaged and currently suffers damage from Defendants’
infringement of the ‘D459 Patent in amount to be proven at trial.
82. Defendants’ infringement of the ‘D459 Patent has been and continues to be willful
and intentional and with full knowledge of the existence and validity thereof.
83. The willful and intentional nature of Defendants’ infringement entitles Spyderco to
an award of treble damages pursuant to 35 U.S.C. § 284, and to an award of its attorneys’ fees
pursuant to 35 U.S.C. § 285.
84. Spyderco will continue to suffer damages and irreparable harm unless Defendants
are restrained and enjoined by this Court, pursuant to 35 U.S.C. § 283, from further infringement
of the ‘D459 Patent.
VIII. FIFTH CLAIM FOR RELIEF

(Trademark Dilution under T.C.A. § 47-25-513)
86. The Spyderco Marks and Common Law Trademarks are famous and distinctive
within the State of Tennessee.
sale, offering for sale, distribution and advertising of their Counterfeit Knives, the Spyderco Marks
and Common Law Trademarks after the Spyderco Marks and Common Law Trademarks became
famous and distinctive within the State of Tennessee.
88. Defendants have no right to use the Spyderco Marks and Common Law Trademarks
in connection with their goods, yet Defendants have passed off their goods as if they are authentic
Spyderco goods, where Ms. Khan is an active agent behind the actions taken by Classic Blades.
35
89. Defendants’ unlawful usurpation of Spyderco’s rights and property has caused
dilution of the distinctive quality of the Spyderco Marks and Common Law Trademarks in the
State of Tennessee.
IX. PRAYER FOR RELIEF
WHEREFORE, Spyderco prays that the Court enter an Order for Judgment as follows:
A. That Defendants willfully counterfeited the Spyderco Marks;
B. That Defendants have willfully infringed the Spyderco Marks and Common Law
Trademarks;
C. That Defendants have willfully infringed the ‘D459 Patent;
D. That Defendants have caused dilution of the distinctive quality of the Spyderco
Marks and Common Law Trademarks;
E. That Defendants, and their respective agents, servants, officers, directors,
employees and all persons acting in concert with them, directly or indirectly, be permanently
enjoined from counterfeiting, infringing, diluting, inducing others to counterfeit, infringe, dilute,
or contribute to the counterfeiting, infringement, or dilution of the Spyderco Marks and Common
Law Trademarks;
F. That Defendants, and their respective agents, servants, officers, directors,
employees, and all persons acting in concert with them, directly or indirectly, be permanently
enjoined from infringing, inducing others to infringe, or contributing to the infringement of the
‘D459 Patent;
G. That Defendants, and their respective agents, servants, officers, directors,
employees, and all persons acting in concert with them, directly or indirectly, be ordered to deliver
36
to Spyderco for destruction, or certify destruction of, all products that counterfeit and/or infringe
the Spyderco Marks, Common Law Trademarks, and the ‘D459 Patent;
H. That Defendants account for and pay to Spyderco damages adequate to compensate
Spyderco for Defendants’ conduct, in an amount to be proven at trial, together with interest and
costs as fixed by the Court;
I. That Defendants pay to Spyderco statutory damages to the full extent permitted by
law, including multiplied damages because of Defendants’ willful wrongful conduct;
J. That Spyderco be awarded its costs and attorneys’ fees in accordance with 15
U.S.C. § 1117(a), 35 U.S.C. § 285, and any other appropriate statute or on the Court’s own power;
K. That Spyderco be awarded pre-judgment and post-judgment interest; and
L. That the Court award such other and further preliminary and permanent relief to
Spyderco as the Court deems equitable and appropriate.
X. JURY DEMAND
Spyderco hereby demands a jury trial on issues so triable.
Respectfully submitted,
Dated: October 18, 2019 /s/ Ryan D. Levy

Ryan D. Levy, Esq. (Tenn. Bar No. 024568)
Seth R. Ogden, Esq. (Tenn. Bar No. 034377)
PATTERSON INTELLECTUAL PROPERTY
LAW P.C.
1600 Division Street, Suite 500
Nashville, TN 37203
Telephone: (615) 242-2400
Facsimile: (615) 242-2221
E-mail: rdl@iplawgroup.com
sro@iplawgroup.com
ATTORNEYS FOR PLAINTIFF

SPYDERCO, INC.
37
Ex.
Case 3:19-cv-00413 Document 1-1 Filed 10/18/19 Page 1 of 2 PageID #: A,
38p. 1
Ex.
Case 3:19-cv-00413 Document 1-1 Filed 10/18/19 Page 2 of 2 PageID #: A,
39p. 2
1 OF 1 RECORD(S)
FOR INFORMATIONAL PURPOSES ONLY

Copyright © 2019 LexisNexis
a division of Reed Elsevier Inc. All Rights Reserved.
Report Created: October 2, 2019 - Wednesday 6:40 PM
Assessment Record
This data is for informational purposes only.
Estimated Roll Certification Date: 05/20/2018

Owner Information
Original Name: CLASSIC BLADES & GIFTS
Standardized Name: CLASSIC BLADES AND GIFTS

C/O: IRINA KHAN
Original Address: 559 HIGHWAY 139
DANDRIDGE, TN 37725-0000
Standardized Address: 559 HIGHWAY 139

JEFFERSON COUNTY
Property Information
Land Use: PERSONAL PROPERTY (GENERAL)
County: SEVIER
Data Source: B
Legal Information
Assessor's Parcel Number: 078126N D 00101P003
Assessment Information
Assessment Year: 2018
Assessment Record

Owner Information
Standardized Name: CLASSIC BLADES AND GIFTS

C/O: IRINA KHAN

JEFFERSON COUNTY
Case 3:19-cv-00413 Document 1-2 Filed 10/18/19 Page 1 of 8 PageID Ex. B, p. 1

#: 40
Page 2 of 8

County: SEVIER
Data Source: B
Legal Information
Assessment Record

Owner Information
Standardized Name: CLASSIC BLADES & GIFTS

C/O: IRINA KHAN
DANDRIDGE, TN 37725

JEFFERSON COUNTY
County: SEVIER
Data Source: B
Legal Information
Fictitious Business Records

Business Information
Name: CLASSIC BLADES & GIFTS
Business Address: SEVIER COUNTY
Jurisdiction: TN
Business Telephone: 865-430-1899
Type: BUSINESS LICENSE
Date: 10/31/2003
SIC: 5947
Expiration Date: 10/31/2004
Fictitious Business Records


#: 41
Page 3 of 8
Business Address: 812 PARKWAY
GATLINBURG, TN 37738-3220
SEVIER COUNTY
Jurisdiction: TN
Business Telephone: 430-1899
Type: DBA
Date: 10/31/2003
Experian Business Data

Experian Company Number: 742870056

Company Name: CLASSIC BLADES & GIFTS
Address: 559 HIGHWAY 139
JEFFERSON COUNTY
Phone: 865-430-1899
Business Description: Gift, Novelty & Souvenir Shops
SIC Code: 5947
Years In Business: 50
Sales: $362,000
Number of Employees: 3
Fiscal Year End Month: 0
Profit Range: 0
Net Worth: 0
In Building Since Year: 0
Building Square Feet: 0
Active Customer Count: 0
Officer Name: COOPER, CRAIG
Date First Seen: 10/2003
Date Last Seen: 09/09/2019
Last Updated Date: 09/12/2019
File Establish Date: 10/2003
Trade Payment Details(Trade Lines with an * after the date are newly reported)
Payment Detail
Business Category: COMMUNICTN
Reported Date: 07/01/2019
Activity Date: 2000
Payment Terms: VARIED
Recent High Credit: $100
Balance: $100
DBT Percentages
Current: 100%
Day 1-30: 0%
Day 31-60: 0%
Day 61-90: 0%
Day 91-plus: 0%
Payment Detail
Business Category: WAREHOUSE
Reported Date: 08/08/2019
Activity Date: 03/2019

#: 42
Page 4 of 8
Payment Terms: CREDIT

Recent High Credit: $600
Balance: $0
DBT Percentages
Current: 0%
Day 1-30: 0%
Day 31-60: 0%
Day 61-90: 0%
Day 91-plus: 0%
Trade Payment Trends
Payment Trend
Date: 08/2019
Debt: 0
Account Balance: $100
DBT Percentages
Current: 100%
Day 1-30: 0%
Day 31-60: 0%
Day 61-90: 0%
Day 91-plus: 0%
Payment Trend
Date: 07/2019
Debt: 0
DBT Percentages
Current: 100%
Day 1-30: 0%
Day 31-60: 0%
Day 61-90: 0%
Day 91-plus: 0%
Payment Trend
Date: 06/2019
Debt: 0
DBT Percentages
Current: 100%
Day 1-30: 0%
Day 31-60: 0%
Day 61-90: 0%
Day 91-plus: 0%
Payment Trend
Date: 05/2019
Debt: 0
DBT Percentages
Current: 100%
Day 1-30: 0%
Day 31-60: 0%
Day 61-90: 0%
Day 91-plus: 0%
Payment Trend
Date: 04/2019
Debt: 0
DBT Percentages
Current: 100%

#: 43
Page 5 of 8
Day 1-30: 0%
Day 31-60: 0%
Day 61-90: 0%
Day 91-plus: 0%
Payment Trend
Date: 03/2019
Debt: 6
DBT Percentages
Current: 57%
Day 1-30: 43%
Day 31-60: 0%
Day 61-90: 0%
Day 91-plus: 0%
Trade Quarterly Details
Quarter 2
Year: 19
DBT: 0
Balance: $100
DBT Percentages
Current: 100%
Day 1-30: 0%
Day 31-60: 0%
Day 61-90: 0%
Day 91-plus: 0%
Quarter 1
Year: 19
DBT: 2
Balance: $200
DBT Percentages
Current: 85%
Day 1-30: 15%
Day 31-60: 0%
Day 61-90: 0%
Day 91-plus: 0%
Quarter 4
Year: 18
DBT: 0
Balance: $300
DBT Percentages
Current: 99%
Day 1-30: 1%
Day 31-60: 0%
Day 61-90: 0%
Day 91-plus: 0%
Quarter 3
Year: 18
DBT: 0
Balance: $100
DBT Percentages
Current: 100%
Day 1-30: 0%
Day 31-60: 0%
Day 61-90: 0%
Day 91-plus: 0%
Quarter 2
Year: 18
DBT: 0
Balance: $100
DBT Percentages
Current: 100%

#: 44
Page 6 of 8
Day 1-30: 0%
Day 31-60: 0%
Day 61-90: 0%
Day 91-plus: 0%
Demographic 5600
SIC Codes: 5947 (Gift, Novelty & Souvenir Shops)

7999 (Amusement & Recreation Services, N)
Years In Business: 50
Sales: $362,000
Employee Size: 1 - 5
Demographic 5610
Officer Name: COOPER, CRAIG

Original Officer Name: COOPER, CRAIG
Business Registration Records


Mailing Address: 812 PARKWAY SUITE 108
Phone: 865-430-1899
SIC Code: 5947 (GIFT, NOVELTY, AND SOUVENIR SHOPS)
Corporation Code: Business License
Filing Date: 10/31/2003
Expiration Date: 10/31/2004
Experian
Summary
Address: 559 HIGHWAY 139
JEFFERSON COUNTY
Experian File Number: 742870056
File Established: 10/31/2003
Contents: Business Description
Business Description
Industry: RETAIL
SIC: 5947(GIFT, NOVELTY, AND SOUVENIR SHOPS)
Years in Business (ACTUAL): OVER 10 YEARS
Employees: 3
Owner Type: PRIVATE
Location: HEADQUARTERS
Better Business Bureau Non-Member


#: 45
Page 7 of 8
General Information
Company Name: CLASSICS BLADES & GIFTS
Business Description: Souvenirs Retail
Phone: 865-436-8650
Address: 812 PARKWAY STE 108
URL: www.bbb.org/us/tn/gatlinburg/profile/souvenirs-retail/classics-blades-and-gifts-0533-
90022038
Business Directory 2
General Information
Phone: 865-430-1899
Address: 812 PARKWAY
SIC Codes
Code: 799945
Description: MARTIAL ARTS INSTRUCTION
Electronic Directory Assistance Record

General Information
Phone: 865-430-1899
Phone Type: B

General Information
Phone: 865-430-1899
Phone Type: B

General Information
Phone: 865-430-1899
Phone Type: B

#: 46
Page 8 of 8

General Information
Phone: 865-430-1899
Phone Type: B

General Information
Company Name: CLASSIC BLADES AND GIFTS
Phone: 865-436-8650
Phone Type: B
Yellow Page
General Information
Company Name: CLASSIC BLADES AND GIFTS
Phone: 865-436-8650
SIC Codes
Code: 5947
NAICS Codes
Code: 45322
Important: The Public Records and commercially available data sources used on reports have errors. Data is sometimes entered poorly, processed incorrectly and
is generally not free from defect. In addition, Industry Classifications and Normalized Titles are data elements automatically derived and unverified. This system
should not be relied upon as definitively accurate. Before relying on any data this system supplies, it should be independently verified. For Secretary of State
documents, the following data is for information purposes only and is not an official record. Certified copies may be obtained from that individual state's Department
of State.
Your DPPA Permissible Use: I have no permissible use
Your GLBA Permissible Use: I have no permissible use
Copyright© 2019 LexisNexis. All rights reserved.
End of Document

#: 47
11/7/2016 Top 25 Pocket Knives that are Indispensable: #1 Spyderco Paramilitary 2 »
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Top 25 Pocket Knives that are Indispensable: #1 Spyderco

Paramilitary 2
August 7, 2016
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TOP 25 POCKET KNIVES THAT ARE INDISPENSABLE: #1 Spyderco Paramilitary 2
Brought to you by KnifeCenter.com
In June, we took a survey to learn which pocket knives our readers believe should never be
discontinued. Respondents were asked to name as many or as few pocket knife models as
they wanted, and no brands or blades were offlimits. 404 respondents named a total of 268 Cold Steel Axe Gang Hatchet Plays Leading
models and the average respondent named 4.1 pocket knives. 94 out of 404 respondents said Role in The Walking Dead
the Spyderco Paramilitary 2 should never be discontinued. November 6, 2016
How did the Spyderco Paramilitary 2 top a survey of knives that should never be discontinued?
It’s a blade that crosses the usual boundaries of taste and preference. Most knife people fit into
one of two categories. The first group includes the people who already own the Paramilitary 2,
but still want it to stick around so they can acquire backups and future versions. The second
group includes the knife knuts who don’t yet own the knife, but plan to buy one.
The Spyderco Paramilitary 2 bears the maker’s marks of both Spyderco founder Sal Glesser
and his son Eric. Both designers have contributed amazing designs to the Spyderco catalog
and its fitting that the company’s most heralded design is a collaboration between the two
generations. The Paramilitary 2 is made at Spyderco’s headquarters and the Glesser’s adopted Oregon Knife Companies Strengthening
home town of Golden, Colorado, USA, Earth. American Manufacturing
http://knifenews.com/top25pocketknivesspydercoparamilitary2/?utm_source=KnifeNews+List&utm_campaign=114eab0514Paramilitary2_18_7_2016&ut… 1/3
Case 3:19-cv-00413 Document 1-3 Filed 10/18/19 Page 1 of 3 PageID #: 48

Ex. C, p. 1
November 5, 2016
Spyderco’s Compression Lock has found the perfect host in the Paramilitary 2. Sal Glesser and
his team designed the Compression Lock on demand, but the result is a truly innovative lock
and on the Paramilitary 2 it is a masterstroke: strong, sure, and dead easy to operate. The
Paramilitary 2 delivers cutting performance that is matched by few other knives of its size. The
blade can handle a range of cutting tasks owing to a combination of its thick stock and full flat
grind. The smooth curves of the oversized handle make for a comfortable grip, even with gloves
on. The forward choil confers complete control over the large blade. Add the company’s Introducing the KnifeNews Dealers’ Choice
trademarked SpyderHole, and what more could you ask for in a large EDC? Awards for the Best of 2016
November 3, 2016
There are four standard models of the Paramilitary 2. Users have a choice of black or Digicam
G10 scales, with either blackcoated or satin blades. No serrated models exist. A fourth model,
with “blurple” handle scales and S110V steel, is occasionally available. There are many sprint
runs with different handle scale and steel options available through secondary market channels.
A scaled down version of the Paramilitary 2, previously called the Minuteman but now known
simply as the Paramilitary 3, is in the works, although there are no immediate plans for its
release.
This concludes the KnifeNews countdown of the Top 25 Pocket Knives that are Indispensable.
Thanks to all our readers for following the countdown and participating in the survey and
promotions. Hope you enjoyed it! A special thank you to KnifeCenter.com for making our in
Kizer Puts New Product Strategy in Motion
depth coverage of these 25 awesome blades possible. with Discontinued for 2017 List
November 2, 2016
Knife featured in image: Spyderco Paramilitary 2
#25 Microtech Ultratech 14/404
#24 Emerson CQC7 15/404
#23 Victorinox Cadet 18/404
#22 Benchmade Adamas 20/404
#21 Zero Tolerance 0562 21/404
#20 Cold Steel TiLite 24/404
#19 Opinel No. 8 25/404
#18 Zero Tolerance 0350 28/404
#17 Cold Steel Voyager 30/404 Sharpening Pro Credits Modern Tools for
#16 Case Trapper 41/404 Speedy Service
#15 Ontario RAT Model 1 43/404 October 31, 2016
#14 Benchmade Mini Griptilian 53/404
#13 Spyderco Manix 2 54/404 FACEBOOK
#12 CRKT M16 57/404
#11 Kershaw Skyline 58/404 KnifeNews
87,736 likes
#10 Kershaw Blur 62/404
#09 Cold Steel Recon 1 63/404
#08 Spyderco Endura 4 70/404
Like Page Learn More
#07 Chris Reeve Knives Large Sebenza 21 75/404
#06 Kershaw Leek 76/404
Be the first of your friends to like this
#05 Benchmade 940 78/404
#04 Spyderco Delica 4 79/404
#03 Benchmade Griptilian 81/404
#02 Buck 110 Folding Hunter 90/404
#01 Spyderco Paramilitary 2 94/404
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Ex. C, p. 2
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Ex. C, p. 3
Int. Cl.: 8
Prior U.S. Cls.: 23, 28 and 44
Reg. No. 1,965,458
United States Patent and Trademark Office Registered Apr. 2, 1996
TRADEMARK
PRINCIPAL REGISTER
SPYDERCO
SPYDERCO, INC. (COLORADO CORPORA KNIVES; SHARPENING STONES, IN CLASS 8

TION) (U.S. CLS. 23, 28 AND 44).
4565 NORTH HIGHWAY 93 FIRST USE 0-0-1981; IN COMMERCE
GOLDEN, CO 80403 0-0-1981.
SER. NO. 74-657,799, FILED 4-10-1995.

FOR: KNIVES, NAMELY HUNTING, FISH-
ING, POCKET, FOLDING AND SPORTING MARY CRAWFORD, EXAMINING ATTORNEY
Case 3:19-cv-00413 Document 1-4 Filed 10/18/19 Page 1 of 1 Ex.

PageID
D, p. 1 #: 51
• •
Int. Cl.: 8
Reg. No. 1,957,810
United States Patent and Trademark Office Registered Feb. 20, 1996
TRADEMARK
PRINCIPAL REGISTER
SPYDERCO, INC. (COLORADO CORPORA FIRST USE 0-0-1981; IN COMMERCE

TION) 0-0-1981.
4565 NORTH HIGHWAY 93 THE MARK CONSISTS OF A FANCIFUL
GOLDEN, CO 80403 REPRESENTATION OF A SPIDER.
FOR: KNIVES, NAMELY HUNTING, FISH
ING, POCKET, FOLDING AND SPORTING SER. NO. 74-650,054, FILED 3-22-1995.
KNIVES; SHARPENING STONES, IN CLASS 8
(U.S. CLS. 23, 28 AND 44). SARAH LEE, EXAMINING ATTORNEY

Ex. E, p. 1
Int. Cl.: 8
Reg. No. 2,033,317
United States Patent and Trademark Office Registered Jan. 28, 1997
TRADEMARK
PRINCIPAL REGISTER
SPYDERCO, INC. (COLORADO CORPORA THE MARK CONSISTS OF THE CONFIGU

TION) RATION OF A PORTION OF THE GOODS,
4565 NORTH HIGHWAY 93 NAMELY A CIRCULAR THROUGH HOLE
GOLDEN, CO 80403 FORMED IN THE BODY OF A KNIFE BLADE
SEC. 2(F).
FOR: KNIVES, NAMELY HUNTING, FISH
ING, POCKET, FOLDING AND SPORTING SER. NO. 74-624,039, FILED 1-23-1995.
KNIVES, IN CLASS 8 (U.S. CLS. 23, 28 AND 44).
FIRST USE 0-0-1981; IN COMMERCE ANTHONY R. MASIELLO, EXAMINING AT
0-0-1981. TORNEY

Ex. F, p. 1
Reg. No. 4,884,288 SPYDERCO, INC. (COLORADO CORPORATION)
820 SPYDERCO WAY
Registered Jan. 12, 2016 GOLDEN, co 80403
Int. Cl.: 8 FOR: KNIFE SHARPENERS; KNIVES; SHARPENING STONES, IN CLASS 8 (U.S. CLS. 23,
28 AND 44).
TRADEMARK FIRST USE 7-0-2007; IN COMMERCE 7-0-2007.
PRINCIPAL REGISTER THE MARK CONSISTS OF A DESIGN COMPRISING A GRAY TAPERED ARC FLANKED
B Y THE COLORS RED ON A FIRST SIDE AND BLACK ON AN OPPOSING SIDE. BROKEN
LINES REPRESENT OUTLINE OF PRODUCT PACKAGING TO SHOW HOW THE MARK
IS DEPICTED ON THE PACKAGING AND IS NOT PART OF THE MARK. THE SHAPE OF
THE PACKAGING IS NOT PART OF THE MARK.
THE COLOR(S) BLACK, RED, AND GRAY IS/ARE CLAIMED AS A FEATURE OF THE
MARK.
SEC. 2(F).
SER. NO. 86-496,159, FILED 1-6-2015.
DORITT L. CARROLL, EXAMINING ATTORNE Y
Director of the United States

Patent and Trademark Office

Ex. G, p. 1
Reg. No. 5,236,430 Spyderco, Inc. (COLORADO CORPORATION)
820 Spyderco Way
Registered Jul. 04, 2017 Golden, CO 80403
CLASS 8: Knives
Int. Cl.: 8
FIRST USE 00-00-2004; IN COMMERCE 00-00-2004
Trademark
The mark consists of the letter "E" in stylized form with an arrowhead on the tail of the "E".
Principal Register
SER. NO. 87-252,274, FILED 11-30-2016
DANIEL S STRINGER, EXAMINING ATTORNEY
Case 3:19-cv-00413 Document 1-8 Filed 10/18/19 Page 1 of 1 PageID

Ex. H, p. 1
#: 55
Case 3:19-cv-00413 Document 1-9 Filed 10/18/19 Page 1 of 1 PageIDEx. I, p. 1
#: 56
Case 3:19-cv-00413 Document 1-10 Filed 10/18/19 Page 1 of 11 PageIDEx.
#: J,
57p. 1
#: J,
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TENNESSEE, AT KNOXVILLE
SPYDERCO, INC., )
)
Plaintiff, ) Case No. 3:19-cv-00413
)
v. )
)
CLASSIC BLADES AND GIFTS, )
)
Defendants.
CORPORATE DISCLOSURE STATEMENT
I, the undersigned, counsel of record for Spyderco, Inc., certify to the best of my knowledge
and belief: Spyderco, Inc. has no corporate interests to be identified under Federal Rule of Civil
Procedure 7.1 or Federal Rule of Criminal Procedure 12.4.
Respectfully submitted,
Dated: October 18, 2019 /s/ Ryan D. Levy

Ryan D. Levy, Esq. (Tenn. Bar No. 024568)
Seth R. Ogden, Esq. (Tenn. Bar No. 034377)
PATTERSON INTELLECTUAL PROPERTY
LAW P.C.
Nashville, TN 37203
Telephone: (615) 242-2400
Facsimile: (615) 242-2221
E-mail: rdl@iplawgroup.com
sro@iplawgroup.com
ATTORNEYS FOR PLAINTIFF

SPYDERCO, INC.

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
Eastern District
__________ DistrictofofTennessee
__________
SPYDERCO, INC., )
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Classic Blades and Gifts

812 Parkway, Suite #108
Gatlinburg, TN 37738
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: Ryan D. Levy, Esq.
PATTERSON INTELLECTUAL PROPERTY LAW P.C.
Nashville, TN 37203
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

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) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ 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
’ 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
’ I returned the summons unexecuted because ; or
’ 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:

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
Eastern District
__________ DistrictofofTennessee
__________
SPYDERCO, INC., )
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Ms. Irina Khan

611 Skyline Drive
Gatlinburg, TN 37738
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: Ryan D. Levy, Esq.
PATTERSON INTELLECTUAL PROPERTY LAW P.C.
Nashville, TN 37203
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

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) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ 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
’ 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
’ I returned the summons unexecuted because ; or
’ 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:

Spyderco v. Classic Blades - Complaint

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Spyderco v. Classic Blades - Complaint

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TENNESSEE, AT KNOXVILLE

(collectively, “Defendants”), alleging as follows:

1. Spyderco is a Colorado corporation, having its principal place of business at 820

Spyderco Way, Golden, Colorado 80403.

of the LexisNexis business records search on Classic Blades and Gifts.

Case 3:19-cv-00413 Document 1 Filed 10/18/19 Page 1 of 37 PageID #: 1

at 611 Skyline Drive, Gatlinburg, Tennessee 37738.

employee at 812 Parkway, Suite #108, Gatlinburg, Tennessee 37738.

II. JURISDICTION AND VENUE

on selling knives and related products. Classic Blades’ business website is

https://www.facebook.com/pages/Classic-Blades-Gifts/111489542222417. This action arises out

the same case or controversy.

actions to have consequences within this District.

III. GENERAL ALLEGATIONS

A. Spyderco’s Federally Registered Trademarks

without authorization, used the identical mark on visually identical knives.

on visually identical knives.

visually identical knives.

15. Spyderco is the owner of U.S. Trademark Registration Number 4,884,288 in

Defendants, who, without authorization, used identical packaging.

16. Spyderco is the owner of U.S. Trademark Registration No. 5,236,430 in

an identical mark on visually identical knives.

17. Spyderco is the owner of U.S. Trademark Registration No. 5,236,431 in

identical mark on visually identical knives.

referred to below as the “Spyderco Marks.”

substantial and continuing policing of the Spyderco Marks.

21. Spyderco sells its products on its website at www.spyderco.com, through

is listed on Spyderco’s website at https://www.spyderco.com/catalog/details.php?product=674,

Spyderco’s Squeak is set forth below:

background of the Squeak knife model.

about that product is listed on Spyderco’s website at https://www.spyderco.com/catalog/details/

Spyderco’s Endura is set forth below:

background of the Endura knife model.

the Yojimbo knife is listed on Spyderco’s website at https://www.spyderco.com/catalog/details/

C85GM42/1208, and that information is incorporated herein by this reference. Relevant

information about Spyderco’s Yojimbo model knife is set forth below:

history and background of the Yojimbo knife model.

about the Domino knife is listed on Spyderco’s website at

https://www.spyderco.com/catalog/details/C172CFTI/839, and that information is incorporated

accompanying the Domino model knives is set forth below:

Mark are set forth below for reference:

C. Spyderco’s Relevant Common Law Trademarks

to below as the “Common Law Trademarks.”

D. Spyderco’s U.S. Design Patent

collect damages for past infringement thereof.

E. Defendants and Their Infringing Conduct

“Spyderco” knife models.

believed were counterfeit Spyderco knives.

42. Spyderco subsequently hired an investigator (the “Investigator”) to investigate Ms.

below (the “Counterfeit Knives”):

Packaging”) and an image of an authentic Spyderco package:

Defendants’ Counterfeit Packaging Accompanying the Counterfeit Knives

Spyderco’s Authentic Product Packing Incorporating its Packaging Design Mark

indicating Defendants’ Counterfeit Packaging is not authentic.

Spyderco’s authentic knives:

Sale Price $14.99 $85.00 (MSRP)

Sale Price: $54.99 $125.00 (MSRP)

Sale Price $34.99 $216 (MSRP)

Sale Price $74.99 $339.95 (MSRP)

damage to Spyderco, its brand, and its products.

MSRP of authentic Spyderco knives by approximately 200-600% to achieve their goal.

Blades’ counterfeit “Domino” knife.

same as the design protected by the ‘D459 Patent.