Case 2:23-cv-00102-LK Document 1 Filed 01/24/23 Page 1 of 10
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON AT SEATTLE
`
`HUMANGEAR, INC.,
`a California corporation,
`Plaintiff,
`
`vs.
`
`INDUSTRIAL REVOLUTION, INC.,
`a Washington corporation,
`
`Defendant.
`
`NO.
`
`2:23-cv-102
`
`COMPLAINT FOR PATENT AND
`TRADEMARK INFRINGEMENT;
`CANCELLATION OF TRADEMARK
`REGISTRATION
`
`JURY TRIAL DEMANDED
`
`Plaintiff humangear, inc. (hereafter, “Plaintiff”) brings this action for patent
`infringement against Defendant Industrial Revolution, Inc. (hereafter, “Defendant” or
`“Industrial Revolution”), and alleges as follows:
`
`THE PARTIES
`1. Plaintiff is a California corporation, incorporated in the State of California with its
`principal place of business in the City and County of San Francisco, California.
`2. Upon information and belief, Defendant Industrial Revolution is a Washington
`corporation, having a regular and established place of business in King County, Washington.
`//
`//
`//
`
`COMPLAINT FOR PATENT AND TRADEMARK
`INFRINGEMENT; CANCELLATION OF
`TRADEMARK REGISTRATION - 1
`
`SAVITT BRUCE & WILLEY LLP
`1425 Fourth Avenue Suite 800
`Seattle, Washington 98101-2272
`(206) 749-0500
`
`

`

`Case 2:23-cv-00102-LK Document 1 Filed 01/24/23 Page 2 of 10
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`JURISDICTION AND VENUE
`3. This action arises under the patent laws of the United States, Title 35 of the United
`States Code. This Court has subject matter jurisdiction over this case under 28 U.S.C. §§ 1331
`& 1338(a).
`4. Personal jurisdiction exists generally over Defendant because it has sufficient
`minimum contacts with the forum as a result of business conducted within the State and,
`particularly, within this District. Personal jurisdiction also exists specifically over Defendant
`because, on information and belief, certain of the infringing acts of Defendant complained of
`herein occurred, at least in part, within the State and within this District.
`5. Venue in this judicial district is proper under 28 U.S.C. §§ 1400(b) & 1391(b)(2),
`because defendant is incorporated in the State of Washington and has its principal place of
`business in this State. Furthermore, a substantial part of the events or omissions giving rise to
`the infringement claims occurred in this District.
`
`THE PATENTS IN SUIT
`6. On February 11, 2020, U.S. Patent No. 10,555,629 (“the ’629 Patent”) was duly and
`legally issued and assigned to Plaintiff. On or about September 13, 2022, a Certificate of
`Correction was issued regarding said patent. A copy of the ’629 Patent and Certificate of
`Correction is attached hereto as Exhibit A. The ’629 Patent discloses a one-piece combination
`fork and spoon with a fork at one end and a spoon at the other end.
`7. On November 22, 2022, U.S. Patent No. 11,503,933 (“the ’933 Patent”) was duly
`and legally issued and assigned to Plaintiff. A copy of the ’933 Patent is attached hereto as
`Exhibit B. The ’933 Patent discloses a combination spoon and fork system capable of serving
`as an eating utensil and of storing in a nested configuration.
`8. On January 3, 2023, U.S. Patent No. 11,540,654 (“the ’654 Patent”) was duly and
`legally issued and assigned to Plaintiff. A copy of the ’654 Patent is attached hereto as
`Exhibit C. The ’654 Patent also discloses a one-piece combination fork and spoon with a fork
`at one end and a spoon at the other end.
`
`COMPLAINT FOR PATENT AND TRADEMARK
`INFRINGEMENT; CANCELLATION OF
`TRADEMARK REGISTRATION - 2
`
`
`
`
`
`SAVITT BRUCE & WILLEY LLP
`1425 Fourth Avenue Suite 800
`Seattle, Washington 98101-2272
`(206) 749-0500
`
`

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`Case 2:23-cv-00102-LK Document 1 Filed 01/24/23 Page 3 of 10
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`9. Plaintiff is the owner of all right, title, and interest in and to the ’629, ’933 and ’654
`Patents, and has rights to sue for infringement of the ’629, ’933 and ’654 Patents, and to collect
`for past, present, and future damages, including against Defendant.
`
`THE TRADEMARK IN SUIT
`10. From at least as early as February 10, 2015, and continuing to date, Plaintiff
`commenced using in commerce the mark UNO (hereafter, “the Mark”) in connection with table
`cutlery, namely combination forks and spoons.
`11. Plaintiff acquired trademark rights to use the Mark both at common law and by
`virtue of federal registrations from and after the foregoing date. On February 16, 2018,
`Plaintiff filed its application, Serial No. 87,801149, to register the Mark with the United States
`Patent and Trademark Office for the above goods in class 8, claiming a first use date in
`commerce of February 10, 2015. On or about October 9, 2018, U.S. Trademark Registration
`No. 5,579,272 issued for the Mark. A copy of said registration is attached hereto as Exhibit D.
`12. From 2015, and continuing to date, Plaintiff has done business in the United States,
`using the Mark in commerce as a trademark in connection with the above services. Plaintiff
`extensively advertised and promoted the Mark, and invested substantial time, energy and
`resources to develop the Mark. The Mark is a strong trademark, being inherently arbitrary,
`fanciful, distinctive or suggestive.
`
`COUNT I
`INFRINGEMENT OF THE ’629 PATENT
`13. Plaintiff incorporates by reference Paragraphs 1 through 12 in their entirety as if
`fully set forth herein.
`14. Without license or authority, Defendant has, on information and belief, used, sold
`and offered to sell within the United States, and has imported into the United States, products
`embodying and designed to use the inventions claimed in the ’629 Patent (the “Accused
`Products”). The products include the UCO Utility Spork, UCO Eco Utility Spork and UCO
`
`COMPLAINT FOR PATENT AND TRADEMARK
`INFRINGEMENT; CANCELLATION OF
`TRADEMARK REGISTRATION - 3
`
`
`
`
`
`SAVITT BRUCE & WILLEY LLP
`1425 Fourth Avenue Suite 800
`Seattle, Washington 98101-2272
`(206) 749-0500
`
`

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`Case 2:23-cv-00102-LK Document 1 Filed 01/24/23 Page 4 of 10
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`Titanium Utility Spork and all kits, such as mess kits and nesting meal kits, which include such
`devices. The UCO Utility Spork is shown in Exhibit AE.
`15. In doing so, Defendant has infringed, and continues to infringe, the ’629 Patent.
`16. On information and belief, Defendant has known of the ’629 Patent and Plaintiff’s
`claims of infringement since at least on or about March 15, 2022. On or about March 15, 2022,
`Plaintiff sent Defendant’s counsel a letter advising of its infringement of the ’629 Patent by
`reason of its Accused Products. On information and belief, Defendant knew earlier of the ’629
`Patent and/or was willfully blind to it. Defendant’s infringing actions described above were
`undertaken with the knowledge and the intent, at least as of March 15, 2022, that those actions
`would infringe the ’629 Patent.
`17. The Accused Products infringe at least Claim 1 of the ’629 Patent. The Accused
`Products are eating utensils. The utensils comprise a fork head partially defining a plurality of
`tines, with a concave fork bowl portion in which a chamfer and curved side define the bowl
`portion and an outer tine. The chamfer is oblique to the curved side surface, which together
`define a curved splitting feature. The spoon head surfaces partially define a concave spoon
`bowl, facing the same way as the concave fork bowl portion, with a handle coupling the spoon
`head to the fork head with the fork, spoon and handle front surfaces collectively defining a
`single front surface.
`18. On information and belief, Defendant will continue to infringe the ’629 Patent,
`unless enjoined by this Court.
`19. Defendant’s infringing activities have been objectively reckless and, therefore,
`willful and in deliberate disregard of Plaintiff’s rights in the ’629 Patent.
`20. As a consequence of the acts of infringement by Defendant, Plaintiff has been
`damaged in an amount not yet determined, and Plaintiff will continue to be irreparably harmed
`unless and until Defendant is enjoined by an order of this Court from committing further acts of
`infringement.
`
`COMPLAINT FOR PATENT AND TRADEMARK
`INFRINGEMENT; CANCELLATION OF
`TRADEMARK REGISTRATION - 4
`
`
`
`
`
`SAVITT BRUCE & WILLEY LLP
`1425 Fourth Avenue Suite 800
`Seattle, Washington 98101-2272
`(206) 749-0500
`
`

`

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`Case 2:23-cv-00102-LK Document 1 Filed 01/24/23 Page 5 of 10
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`
`
`COUNT II
`INFRINGEMENT OF THE ’933 PATENT
`21. Plaintiff incorporates by reference Paragraphs 1 through 12 in their entirety as if
`fully set forth herein.
`22. Without license or authority, Defendant has, on information and belief, used, sold
`and offered to sell within the United States, and has imported into the United States, products
`embodying and designed to use the inventions claimed in the ’933 Patent (the “Accused
`Products”). The products include the UCO Switch Spork, and all kits, such as mess kits and
`nesting meal kits, which include such devices. The UCO Switch Spork is shown in Exhibit F.
`23. In doing so, Defendant has infringed, and continues to infringe, the ’933 Patent.
`24. The Accused Products infringe at least Claim 1 of the ’933 Patent. The Accused
`Products are combination spoon and fork systems capable of serving as an eating utensil and of
`storing in a nested configuration. The utensils comprise a fork head and handle with a plurality
`of tines, the handle having a pair of longitudinally spaced fork catch and guide features, and a
`spoon head and handle including a bowl portion with a spoon catch feature, wherein the spoon
`handle interlocks with the fork handle in the guide portion, with two different orientations, a
`nested orientation and an extended orientation. In the nested orientation, the fork head and
`spoon head nest together, the spoon catch engaging one fork catch. In the extended orientation,
`the fork head and spoon head extend in opposite directions, with the spoon catch engaging a
`second fork catch.
`25. On information and belief, Defendant will continue to infringe the ’933 Patent,
`unless enjoined by this Court.
`26. Defendant has been made aware of the ’933 Patent by the filing of this action. On
`information and belief, Defendant will continue selling the Accused Products with knowledge
`of the ’933 Patent and the intent that those actions, and those of its customers and others which
`they induced, would infringe the ’933 Patent.
`
`COMPLAINT FOR PATENT AND TRADEMARK
`INFRINGEMENT; CANCELLATION OF
`TRADEMARK REGISTRATION - 5
`
`
`
`
`
`SAVITT BRUCE & WILLEY LLP
`1425 Fourth Avenue Suite 800
`Seattle, Washington 98101-2272
`(206) 749-0500
`
`

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`Case 2:23-cv-00102-LK Document 1 Filed 01/24/23 Page 6 of 10
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`27. Defendant’s infringing activities have been and will continue to be objectively
`reckless and, therefore, willful and in deliberate disregard of Plaintiff’s rights in the ’933
`Patent.
`28. As a consequence of the acts of infringement by Defendant, Plaintiff has been
`damaged in an amount not yet determined, and Plaintiff will continue to be irreparably harmed
`unless and until Defendant is enjoined by an order of this Court from committing further acts of
`infringement.
`
`COUNT III
`INFRINGEMENT OF THE ’654 PATENT
`29. Plaintiff incorporates by reference Paragraphs 1 through 12 in their entirety as if
`fully set forth herein.
`30. Without license or authority, Defendant has, on information and belief, used, sold
`and offered to sell within the United States, and has imported into the United States, products
`embodying and designed to use the inventions claimed in the ’654 Patent (the “Accused
`Products”). The products include the UCO Utility Spork, UCO Eco Utility Spork and UCO
`Titanium Utility Spork and all kits, such as mess kits and nesting meal kits, which include such
`devices.
`31. In doing so, Defendant has infringed, and continues to infringe, the ’654 Patent.
`32. The Accused Products infringe at least Claim 1 of the ’654 Patent. The Accused
`Products are eating utensils, which comprise a fork head, having a plurality of tines. The fork
`head includes a concave bowl portion, and the outer tines each have a curved outer edge
`corresponding to the outer edge of the fork head and a chamfered surface extending laterally
`inward from the outer edge of each such tine. A handle integrally joins the fork head on one
`end to a spoon head at the other end, which spoon head has a concave spoon bowl portion. The
`front surface of the utensil includes a concave surface of each of the concave fork bowl and
`spoon bowl portions, together with the front surface of the handle. The chamfered surfaces are
`
`COMPLAINT FOR PATENT AND TRADEMARK
`INFRINGEMENT; CANCELLATION OF
`TRADEMARK REGISTRATION - 6
`
`
`
`
`
`SAVITT BRUCE & WILLEY LLP
`1425 Fourth Avenue Suite 800
`Seattle, Washington 98101-2272
`(206) 749-0500
`
`

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`Case 2:23-cv-00102-LK Document 1 Filed 01/24/23 Page 7 of 10
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`on the front surface, each chamfered surface extending along the outer edge of the fork head
`proximally toward the handle, with the curved outer tine edge serving as a splitting feature.
`33. Defendant has been made aware of the ’654 Patent by the filing of this action. On
`information and belief, Defendant will continue selling the Accused Products with knowledge
`of the ’654 Patent and the intent that those actions, and those of its customers and others which
`they induced, would infringe the ’654 Patent.
`34. From and after the filing date of this action, Defendant’s infringing activities have
`been and will continue to be objectively reckless and, therefore, willful and in deliberate
`disregard of Plaintiff’s rights in the ’654 Patent.
`35. As a consequence of the acts of infringement by Defendant, Plaintiff has been
`damaged in an amount not yet determined, and Plaintiff will continue to be irreparably harmed
`unless and until Defendant is enjoined by an order of this Court from committing further acts of
`infringement.
`
`COUNT IV
`INFRINGEMENT OF TRADEMARK
`36. Plaintiff incorporates by reference Paragraphs 1 through 12 in their entirety as if
`fully set forth herein.
`37. On information and belief, Defendant began use of the mark UCO in or about 2019
`for eating utensils and table cutlery. Defendant did so with knowledge of Plaintiff’s prior rights
`and use of its UNO trademark (“the Mark”) for eating utensils and table cutlery and of the
`inevitable likelihood of confusion that would result.
`38. Plaintiff is informed and believes and based thereon alleges that Defendant created
`a likelihood of confusion with the Mark in the relevant marketplaces as to source, sponsorship,
`affiliation and authorization, thereby constituting infringement of the Mark.
`39. As a proximate result of Defendant’s above-described conduct, Plaintiff has been
`damaged in an uncertain amount and that Defendant has wrongfully obtained profits in an
`
`COMPLAINT FOR PATENT AND TRADEMARK
`INFRINGEMENT; CANCELLATION OF
`TRADEMARK REGISTRATION - 7
`
`
`
`
`
`SAVITT BRUCE & WILLEY LLP
`1425 Fourth Avenue Suite 800
`Seattle, Washington 98101-2272
`(206) 749-0500
`
`

`

`Case 2:23-cv-00102-LK Document 1 Filed 01/24/23 Page 8 of 10
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`unascertained amount. Plaintiff will seek leave to amend this Complaint when the same have
`been determined.
`40. At all material times, Defendant acted in bad faith and willfully, for the purpose of
`trading upon Plaintiff’s goodwill and business reputation, with knowledge of the lack of right
`to do so and with intent to injure Plaintiff. Plaintiff is entitled thereby to enhanced damages in
`an uncertain amount. Plaintiff will seek leave to amend this Complaint when the same have
`been determined.
`41. The above-described acts of Defendant caused and are continuing to cause
`irreparable injury to Plaintiff, for which Plaintiff has no adequate remedy at law. Defendant
`will continue to do so unless enjoined by the Court.
`
`COUNT V
`CANCELLATION OF TRADEMARK REGISTRATION
`42. Plaintiff incorporates by reference Paragraphs 1 through 12 and 37 through 41 in
`their entirety as if fully set forth herein.
`43. On or about July 9, 2020, Defendant filed an application to register the trademark
`UCO for a variety of classes and goods. Among them was International Class 8 for “Table
`cutlery; table spoons; table forks; table knives; combination utensils, namely, combined table
`spoon and knife, and combined table spoon and fork (spork).” Another class set out in the
`application was Class 21, in part for “Mess tins; . . . mess kits containing a plate, a bowl, a
`drinking cup and an eating utensil. . . .” The application alleged first use in commerce of the
`UCO mark for all of said goods in 2019, after Plaintiff’s first use of its UNO mark and
`registration. On or about February 16, 2021, the United States Patent Trademark Office issued
`Registration no. 1,579,405 for said mark. A copy of said trademark registration is attached as
`Exhibit G.
`44. Plaintiff is informed and believes and based thereon alleges that Defendant’s
`registration creates a likelihood of confusion with Plaintiff’s UNO trademark registration (“the
`Mark”) regarding the similarity of goods and marks.
`
`COMPLAINT FOR PATENT AND TRADEMARK
`INFRINGEMENT; CANCELLATION OF
`TRADEMARK REGISTRATION - 8
`
`
`
`
`
`SAVITT BRUCE & WILLEY LLP
`1425 Fourth Avenue Suite 800
`Seattle, Washington 98101-2272
`(206) 749-0500
`
`

`

`Case 2:23-cv-00102-LK Document 1 Filed 01/24/23 Page 9 of 10
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`45. Pursuant to the Lanham Act, the Court has jurisdiction to order the United States
`Patent and Trademark Office to make appropriate entries on the Federal Register with respect
`to the subject mark.
`
`REQUESTED RELIEF
`WHEREFORE, Plaintiff respectfully requests that judgment be entered in its favor and
`against Defendant Industrial Revolution, judgment providing:
`1. That Defendant has infringed the ’629, ’933 and ’654 Patents;
`2. That the infringement by Defendant has been and continues to be willful;
`3. That Plaintiff be awarded its actual damages resulting from the acts of patent
`infringement complained of herein including, without limitation, a reasonable royalty pursuant
`to 35 U.S.C. §284, together with interest and costs, and that Plaintiff’s damages be trebled
`pursuant to 35 U.S.C. §284 in view of the willful and deliberate nature of the infringement;
`4. That Plaintiff be awarded its actual damages and Defendant’s wrongful profits, and
`enhanced damages and profits, pursuant to 15 U.S.C. §1117;
`5. That Defendant be preliminarily and permanently enjoined from engaging in the
`aforementioned acts and from otherwise infringing the claims of the ’629, ’933 and ’654
`Patents;
`6. That this case be declared exceptional within the meaning of 35 U.S.C. §285, and
`that Plaintiff be awarded its reasonable attorneys’ fees incurred in connection with this case;
`7. That this case be declared exceptional within the meaning of 15 U.S.C. §1117, and
`that Plaintiff be awarded its reasonable attorneys’ fees incurred in connection with this case;
`8. That the United States Patent and Trademark Office be directed to cancel
`Defendant’s registered UCO trademark; and
`9. For such other or further relief as this Court may deem just and proper under the
`circumstances.
`//
`//
`
`COMPLAINT FOR PATENT AND TRADEMARK
`INFRINGEMENT; CANCELLATION OF
`TRADEMARK REGISTRATION - 9
`
`
`
`
`
`SAVITT BRUCE & WILLEY LLP
`1425 Fourth Avenue Suite 800
`Seattle, Washington 98101-2272
`(206) 749-0500
`
`

`

`Case 2:23-cv-00102-LK Document 1 Filed 01/24/23 Page 10 of 10
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`
`
`JURY DEMAND
`Plaintiff demands a trial by jury of all issues so triable.
`
`DATED: January 24, 2023
`
`
`Respectfully submitted,
`
`SAVITT BRUCE & WILLEY LLP
`
`
`
`
`By:
`
`Jacob P. Freeman, WSBA No. 54123
`1425 Fourth Avenue, Suite 800
`Seattle, Washington 98101-2272
`Phone: (206) 749-0500
`Fax:
`(206) 749-0600
`Email: jfreeman@sbwllp.com
`
`
`
`PAYNE IP LAW
`
`
`Robert W. Payne, WSBA No. 30965
`pro hac vice motion forthcoming
`111 N. Market Street, Suite 300
`San Jose, California 95113
`Phone: (408) 981-4293
`Email: payne@bobpayne.com
`
` 
`Attorneys for Plaintiff humangear, inc.
`
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`COMPLAINT FOR PATENT AND TRADEMARK
`INFRINGEMENT; CANCELLATION OF
`TRADEMARK REGISTRATION - 10
`
`
`
`
`
`SAVITT BRUCE & WILLEY LLP
`1425 Fourth Avenue Suite 800
`Seattle, Washington 98101-2272
`(206) 749-0500
`
`