Case 2:17-cv-02718 Document 1 Filed 10/25/17 Page 1 of 8

1 STEVEN A. GIBSON, ESQ.

Nevada Bar No. 6656
2 sgibson@gibsonlowry.com
3 JODI DONETTA LOWRY, ESQ.
Nevada Bar No. 7798
4 jlowry@gibsonlowry.com

5 GIBSON LOWRY LLP

7495 West Azure Drive, Suite 233
6 Las Vegas, Nevada 89130
Telephone 702.541.7888
7 Facsimile 702.541.7899

8 Attorneys for Plaintiff

9 UNITED STATES DISTRICT COURT

10 DISTRICT OF NEVADA
11

12
SHC Holdings, LLC, a Kansas limited liability Case No.: 2:17-cv-2718
Main (702) 541-7888 Fax (702) 541-7899

company,
7495 West Azure Drive, Suite 233

13
GIBSON LOWRY LLP

COMPLAINT
Las Vegas, Nevada 89130

Plaintiff,
14
v.
15
JP Denison LLC, a Nevada limited-liability
16 company,
17 Defendant.
18

19 Plaintiff SHC Holdings, LLC (Plaintiff and/or SHC), through its undersigned
20 attorneys, files this Complaint against Defendant, JP Denison LLC (Defendant or Pure
21 Promotions), and alleges on information and belief that the following is and, unless otherwise
22 stated, has been true at all relevant times:
23 1. This Court has jurisdiction over this action for, inter alia, patent and copyright
24 infringement pursuant to 28 U.S.C. 1331 and 1338(a).
25

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 Case 2:17-cv-02718 Document 1 Filed 10/25/17 Page 2 of 8

1 PARTIES
2 2. SHC is a limited liability company organized under the laws of the State of
3 Kansas, with its principal place of business located at 200 North Walnut Street, Cottonwood
4 Falls, Kansas.
5 3. Defendant is a limited-liability company organized under the laws of the State of
6 Nevada, doing business under the trade name PURE PROMOTIONS + ADVERTISING, with its
7 principal place of business at 5145 South Valley View Boulevard, Las Vegas, Nevada.
8 JURISDICTION
9 4. This action arises under the patent laws of the United States, 35 U.S.C. 1 et seq.,
10 and the copyright laws of the United States, 17 U.S.C. 101 et seq.
11 5. Subject matter jurisdiction over this action is conferred upon this Court by 28
12 U.S.C. 1331 and 1338(a).
Main (702) 541-7888 Fax (702) 541-7899
7495 West Azure Drive, Suite 233

13 6. This Court has personal jurisdiction over Defendant because Defendant has
GIBSON LOWRY LLP
Las Vegas, Nevada 89130

14 purposefully availed itself of the privilege of conducting business within the State of Nevada.
15 7. This Court has personal jurisdiction over Defendant because Defendant has sold
16 infringing devices in the State of Nevada.
17 VENUE
18 8. Venue is proper in the District of Nevada under 28 U.S.C. 1400(a) because this
19 is a lawsuit arising under the United States copyright laws and Defendant may be found in the
20 District of Nevada.
21 9. Venue is proper in the District of Nevada under 28 U.S.C. 1400(b) because
22 Defendant has committed acts of patent infringement, and has a regular and established place of
23 business, in the District of Nevada.
24 10. Venue is proper in the unofficial southern division of the District of Nevada under
25 LR IA 1-8(c) because SHCs causes of action against Defendant pled herein arose in Clark
26 County, Nevada.
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 Case 2:17-cv-02718 Document 1 Filed 10/25/17 Page 3 of 8

1 GENERAL ALLEGATIONS
2 11. On February 10, 2004, the United States Patent and Trademark Office issued U.S.
3 Patent No. D486,531 (the 531 Patent), entitled Slot Machine Card Holder, to SHC. A
4 correct copy of the 531 Patent is attached as Exhibit 1.
5 12. SHC owns all right, title and interest to the 531 Patent, including the right to sue
6 for past, present and future infringements.
7 13. SHC has owned the 531 Patent throughout the period of the Defendants
8 infringing acts.
9 14. The 531 Patent is valid and enforceable.
10 15. SHC has complied with the statutory requirement of placing a notice of the531
11 Patent on the devices SHC has made and sells.
12 16. SHC owns copyright registration No. VA 1-867-812, effective July 8, 2013, for a
Main (702) 541-7888 Fax (702) 541-7899
7495 West Azure Drive, Suite 233

13 sculptural work entitled SLOT CLAW (the Slot Claw Sculpture). A correct copy of the
GIBSON LOWRY LLP
Las Vegas, Nevada 89130

14 certificate evidencing SHCs registration of SHCs copyright in the Slot Claw Sculpture is
15 attached hereto as Exhibit 2.
16 17. SHC owns all right, title, and interest to the copyright in the Slot Claw Sculpture,
17 including the right to sue for past, present, and future infringements.
18 18. SHC has owned all right, title, and interest to the copyright in the Slot Claw
19 Sculpture throughout the period of the Defendants infringing acts.
20 19. SHCs copyright in the Slot Claw Sculpture is valid and enforceable.
21 20. Pure Promotions makes, uses, sells, offers to sell, and/or imports bungee cords
22 distributed as promotional premiums by businesses in the District of Nevada (the Infringing
23 Bungee Cords).
24 21. Pure Promotions has made, used, sold, offered to sell, and/or imported Infringing
25 Bungee Cords since on or after July 8, 2013.
26 22. Figures from the 531 Patent and corresponding views of the Infringing Bungee
27 Cord are attached hereto and incorporated herein as Exhibit 3.
28 23. The Infringing Bungee Cord constitutes an infringement of the 531 Patent.
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1 24. The Infringing Bungee Cord constitutes an infringement of SHCs copyright in

2 the Slot Claw Sculpture.
3 25. Pure Promotions has sold Infringing Bungee Cords to at least one customer
4 located in Clark County, in the unofficial southern division of the District of Nevada.
5 26. SHC never licensed or otherwise granted permission to Pure Promotions to use
6 the 531 Patent.
7 27. SHC never licensed or otherwise granted permission to Pure Promotions to use
8 the Slot Claw Sculpture.
9 FIRST CAUSE OF ACTION
10 PATENT INFRINGMENT
11 28. SHC incorporates by reference the foregoing allegations as if fully set forth
12 herein.
Main (702) 541-7888 Fax (702) 541-7899
7495 West Azure Drive, Suite 233

13 29. Pure Promotions has committed and is continuing to commit direct acts of
GIBSON LOWRY LLP
Las Vegas, Nevada 89130

14 infringement of the 531 Patent under 35 U.S.C. 271(a) by making, using, selling, offering to sell,
15 and/or importing Infringing Bungee Cords.
16 30. SHC has been damaged as a direct result of Pure Promotions infringement of the
17 531 Patent.
18 31. SHC will continue to be damaged by Pure Promotions infringement of the 531
19 Patent unless further infringement is enjoined.
20 32. SHC is entitled under 35 U.S.C. 284 to an award of damages adequate to
21 compensate SHC for Pure Promotions infringement of the 531 Patent, but in no event less than
22 a reasonable royalty for the use made by Pure Promotions of the invention depicted in the 531
23 Patent, all together with interest and costs.
24 33. Pure Promotions past and continuing infringement of the 531 Patent has been
25 and continues to be deliberate and willful.
26 34. Pure Promotions willful and deliberate infringement of the 531 Patent warrants
27 an award of treble damages pursuant to 35 U.S.C. 284.
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1 35. SHC is entitled to temporary, preliminary, and permanent injunctive relief

2 enjoining further infringement by Pure Promotions pursuant to 35 U.S.C. 283.
3 36. This is an exceptional case that entitles SHC to an award of reasonable attorney
4 fees under 35 U.S.C. 285.
5 SECOND CAUSE OF ACTION
6 COPYRIGHT INFRINGEMENT
7 37. SHC repeats and incorporates the allegations contained in the preceding
8 paragraphs.
9 38. Pure Promotions reproduced the Slot Claw Sculpture without authorization in
10 derogation of SHCs exclusive rights under 17 U.S.C. 106(1).
11 39. Pure Promotions created derivative works based on the Slot Claw Sculpture
12 without authorization in derogation of SHCs exclusive rights under 17 U.S.C. 106(2).
Main (702) 541-7888 Fax (702) 541-7899
7495 West Azure Drive, Suite 233

13 40. Pure Promotions distributed the Slot Claw Sculpture without authorization in
GIBSON LOWRY LLP
Las Vegas, Nevada 89130

14 derogation of SHCs exclusive rights under 17 U.S.C. 106(3).

15 41. SHC has been damaged as a result of Pure Promotions acts as alleged herein, and
16 Pure Promotions is liable to SHC for statutory damages pursuant to 17 U.S.C. 504(a)(2).
17 42. SHC is entitled to temporary, preliminary, and permanent injunctive relief against
18 further infringement by Pure Promotions pursuant to 17 U.S.C. 502(a).
19 43. SHC is entitled to an immediate order of impoundment, and a final order
20 mandating destruction, of infringing articles and the instrumentalities used to create same,
21 pursuant to 17 U.S.C. 503.
22 44. SHC is entitled to an immediate order impounding into the custody of this Court
23 all records documenting the manufacture, sale, and receipt of infringing articles and the
24 instrumentalities used to create same, pursuant to 17 U.S.C. 503.
25 45. SHC has incurred costs of suit in connection with bringing this action, and Pure
26 Promotion is liable to SHC for those costs of suit pursuant to 17 U.S.C. 505.
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 Case 2:17-cv-02718 Document 1 Filed 10/25/17 Page 6 of 8

1 THIRD CAUSE OF ACTION

2 MISAPPROPRIATION OF COMMERCIAL PROPERTIES UNDER
3 NEVADA COMMON LAW
4 46. SHC incorporates, repeats, and realleges every allegation set forth above.
5 47. SHC has invested significant time, effort, and money in developing intellectual
6 property, including, without limitation, the 531 Patent and the Slot Claw Sculpture (SHCs
7 Commercial Properties).
8 48. SHCs Commercial Properties are of actual and potential commercial value to
9 SHC.
10 49. Pure Promotions wrongful use of SHCs Commercial Properties, undertaken
11 without authority from SHC, deprived SHC, at least in part, of the full commercial value of
12 SHCs Commercial Properties.
Main (702) 541-7888 Fax (702) 541-7899
7495 West Azure Drive, Suite 233

13 50. SHC has sustained damages as a direct and proximate result of Pure Promotions
GIBSON LOWRY LLP
Las Vegas, Nevada 89130

14 acts as alleged herein, and Pure Promotions is liable to SHC for such damages.
15 FOURTH CAUSE OF ACTION
16 UNJUST ENRICHMENT UNDER NEVADA COMMON LAW
17 51. Plaintiff incorporates, repeats, and realleges every allegation set forth above.
18 52. Pure Promotions benefited from the infringement and misappropriation of SHCs
19 intellectual property.
20 53. Pure Promotions retained such benefits at the expense of SHC.
21 54. The benefit retained by Pure Promotions in equity and good conscience belonged
22 to SHC.
23 55. SHC has sustained damages as a direct and proximate result of Pure Promotions
24 acts as alleged herein, and Pure Promotions is liable to SHC for such damages.
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 Case 2:17-cv-02718 Document 1 Filed 10/25/17 Page 7 of 8

1 PRAYER FOR RELIEF

2 SHC prays for judgment against Pure Promotion as follows:
3 A. A judgment that Pure Promotions has infringed the 531 Patent;
4 B. A judgment and order permanently restraining and enjoining Pure Promotions, its
5 officers, directors, agents, servants, employees, attorneys, subsidiaries, affiliates, and all those acting
6 in concert with or under or through them, from making, using, selling, offering for sale, or
7 importing any systems or products that infringe one or more claims of the 531 Patent, or otherwise
8 directly or indirectly committing further acts of infringement of the 531 Patent;
9 C. A judgment and order requiring Defendant to pay damages to SHC adequate to
10 compensate SHC for Defendants infringing acts, in accordance with 35 U.S.C. 284;
11 D. A judgment and order requiring Defendant to pay increased damages up to three
12 times, in view of Defendants willful and deliberate infringement of the 531 Patent;
Main (702) 541-7888 Fax (702) 541-7899
7495 West Azure Drive, Suite 233

13 E. A finding in favor of SHC that this is an exceptional case under 35 U.S.C. 285 and
GIBSON LOWRY LLP
Las Vegas, Nevada 89130

14 an award to SHC of SHCs costs, including reasonable attorneys fees and other expenses incurred
15 in connection with this action;
16 F. A judgment and order requiring Defendants to pay SHC pre-judgment interest under
17 35 U.S.C. 284 and post-judgment interest under 28 U.S.C. 1961 on all damages awarded;
18 G. A judgment and order of temporary, preliminary, and permanent injunction against
19 further infringement by Pure Promotions infringement of SHCs copyright in the Slot Claw
20 Sculpture, under 17 U.S.C. 502;
21 H. A preliminary judgment and order impounding all of Defendants infringing copies
22 of the Slot Claw Sculpture, as well as all plates, molds, matrices, or other articles by means of which
23 Defendant reproduced copies and/or derivative works, of the Slot Claw Sculpture, and of all records
24 documenting the manufacture, sale, or receipt of things involved in Defendants infringement of
25 SHCs copyright in the Slot Claw Sculpture, under 17 U.S.C. 503(a);
26 I. A final judgment ordering destruction of all copies of Defendants infringements of
27 the Slot Claw Sculpture found to have been made or used in violation of SHCs exclusive rights,
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 Case 2:17-cv-02718 Document 1 Filed 10/25/17 Page 8 of 8

1 and of all plates, molds, matrices, or other articles by means of which such copies may be
2 reproduced, under 17 U.S.C. 503(b);
3 J. A judgment and order requiring Defendant to pay SHCs actual damages and any
4 additional profits of Defendant, under 17 U.S.C. 504;
5 K. A judgment and order requiring Defendant to pay SHCs full costs and reasonable
6 attorneys fees, under 17 U.S.C. 505;
7 L. Damages for Pure Promotions misappropriation of SHCs Commercial Property;
8 M. An amount sufficient to compensate SHC for Pure Promotions unjust enrichment;
9 and
10 N. Such other and further relief as the Court deems just and appropriate.
11 DEMAND FOR JURY TRIAL
12 Plaintiff hereby requests trial by jury of all causes of action so triable set forth in this
Main (702) 541-7888 Fax (702) 541-7899
7495 West Azure Drive, Suite 233

13 Complaint.
GIBSON LOWRY LLP
Las Vegas, Nevada 89130

14 Respectfully submitted this 25th day of October 2017.

15 GIBSON LOWRY LLP
16
By /s/ J.D. Lowry.
17 STEVEN A. GIBSON, ESQ.
Nevada Bar No. 6656
18 sgibson@gibsonlowry.com
JODI DONETTA LOWRY, ESQ.
19 Nevada Bar No. 7798
jlowry@gibsonlowry.com
20 7495 West Azure Drive, Suite 233
Las Vegas, Nevada 89130
21 (702) 541-7888 Telephone
(702) 541-7899 Facsimile
22 Attorneys for Plaintiff
SHC Holdings, LLC
23

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Case 2:17-cv-02718 Document 1-1 Filed 10/25/17 Page 1 of 5

EXHIBIT 1

U.S. Patent D486,531

EXHIBIT 1
 Case 2:17-cv-02718 Document 1-1 Filed 10/25/17 Page 2 of 5
USO0D486531S

(12) United States Design Patent (10) Patent No.: US D486,531 S

Brookins (45) Date of Patent: =1<=1< Feb. 10, 2004

(54) SLOT MACHINE CARD HOLDER 5,560,603 A 10/1996 Seelig et al. ................ .. 463/20
5,590,880 A 1/1997 Flam . ... ... ... . . . .. 273/150

(75) Inventor: Douglas Brookins, Pittsgrove, NJ (US) 6,009,048 A

6,076,296 A
12/1999
6/2000
RaesZ ........ ..
Schaeffer ..... . . . . ..
D21/370
40/649

D464,998 S 10/2002 Brookins ................. .. D21/370

(73) Assignee: Specialty House of Creation, Inc.,
Pittsgrove, NJ (US) * cited by examiner
(**) Term: 14 Years Primary ExaminerSandra L. Morris
(74) Attorney, Agent, or FirmMarvin C. Gaer
(21) Appl. No.: 29/177,220 (57) CLAIM
(22) Filed: Mar. 5, 2003
The ornamental design for a slot machine card holder, as
(51) LOC (7) Cl. .................................................. .. 21-01 shoWn and described.
(52) US. Cl. .................................... .. D21/370; D21/394 DESCRIPTION
(58) Field of Search ........................ .. D3/211, 215, 234,
03/274, D11/81, 238; D21/369370, 385, FIG. 1 is a front elevation vieW of the slot machine card
392, 394, 396; 273/148 A, 150, 463/17, holder showing my neW design.
20, 46, 47 FIG. 2 is a rear elevation vieW thereof;
FIG. 3 is a right side elevation vieW thereof;
(56) References Cited FIG. 4 is a left side elevation vieW thereof;
FIG. 5 is a top plan vieW thereof; and,
U.S. PATENT DOCUMENTS FIG. 6 is a bottom end vieW thereof.
D361,516 S 8/1995 Peersmann .................. .. D10/6
D366,359 S * 1/1996 Riedl ........................ .. D3/211 1 Claim, 3 Drawing Sheets

FJIATQIIGHQTI
Ill

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EXHIBIT A
 Case 2:17-cv-02718 Document 1-1 Filed 10/25/17 Page 3 of 5

U.S. Patent Feb. 10, 2004 Sheet 1 of3 US D486,531 S

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 Case 2:17-cv-02718 Document 1-1 Filed 10/25/17 Page 4 of 5

U.S. Patent Feb. 10, 2004 Sheet 2 of3 US D486,531 S

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 Case 2:17-cv-02718 Document 1-1 Filed 10/25/17 Page 5 of 5

U.S. Patent Feb. 10, 2004 Sheet 3 of3 US D486,531 S

Case 2:17-cv-02718 Document 1-2 Filed 10/25/17 Page 1 of 3

EXHIBIT 2

Copyright Registration
Certificate

EXHIBIT 2
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EXHIBIT B
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EXHIBIT 3

Patent Figures and Comparative

Photographs

EXHIBIT 3
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FIG. 1
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