Contraband Sports v. Fit Four - Complaint

Case 1:17-cv-24615-RNS Document 1 Entered on FLSD Docket 12/19/2017 Page 1 of 13
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA
CONTRABAND SPORTS, LLC, §

a Florida Limited Liability Company, § Civil Action No.:
§
Plaintiff, §
§
v. §
§ JURY TRIAL DEMANDED
FIT FOUR, LLC, a Utah §
Limited Liability Company, §
§
Defendant. §
§
COMPLAINT
Plaintiff, Contraband Sports, LLC (“Contraband”), by and through undersigned attorneys,
hereby seeks declaratory judgement that Contraband is not infringing any valid patent rights
owned by Defendant Fit Four LLC. (“Fit Four” or “Defendant”) by its sale of its Contraband
Lifting Gloves. The need for such relief exists because Fit Four has wrongfully accused
Contraband of patent infringement and has filed several Notices of Intellectual Property Rights
Violation on popular e-commerce website <amazon.com> resulting in the removal of several
Contraband Lifting Gloves listings and content, which prevents Contraband from selling its
products.
PRELIMINARY STATEMENT
1. Contraband is a premier designer and manufacturer of workout products,
including its popular “Pink Label” and “Black Label” gloves used by both men and women
bodybuilders, powerlifters, Mixed Martial Artists, and Cross Fit Athletes. Contraband has
filed several patent and trademark applications with the United States Patent and Trademark
1
Office (collectively, “Contraband Intellectual Property”). In 2015, Contraband introduced its
“CONTRABAND PINK LABEL 5537 WOMEN MICRO LIFTING GLOVES” (“Micro
Glove”), a glove which features grip-lock padding around the palm region and an adjustable
strap. See Exhibit A. Micro Gloves are offered in a variety of colors and sizes including
extra small, small, medium, and large for $15 per pair. Since their creation in 2015, the
Micro Gloves quickly gained popularity on Amazon and was recognized as an “Amazon’s
Choice” award winner based on its superior ratings and value. Reviewers have rated Micro
Gloves a 4.4/5-star award leading to over 1000 sales in the last year.
2. In response to the popularity of the Micro Gloves, Fit Four sent a threatening
email on October 2, 2017 wrongfully accusing Contraband of infringing its design patent
based its sale of the Micro Glove. See Exhibit B.
3. Contraband promptly responded to Fit Four’s threatening email denying any
infringement and providing points of distinction between the glove designs. See Exhibit C.
4. On November 21, 2017, attorneys for Fit Four filed a Notice of Intellectual
Property Rights Violation with Amazon’s Seller Performance Team alleging patent
infringement by Contraband and resulting in the immediate removal of all extra small black
Micro Gloves listings, approximately one week before the busiest online shopping day of the
year (i.e., Cyber Monday). See Exhibit D.
5. Later on November 21, 2017, counsel for Contraband identified several
differences between the products upon which Defendant had submitted its Notice of
Intellectual Property Rights Violation and U.S. Design Patent No. D652,607 upon which
Defendants based its claims, and demanded that the wrongful Amazon Notices be retracted.
See Exhibits E and F. In the Defendant’s response on November 22, 2017, they denied
2
Contraband’s request and provided a description of products which does not match the Micro
Gloves against which the Notices were filed. See Exhibit G.
6. On December 7, 2017, Fit Four filed a second Notice of Intellectual Property
Rights Violation with Amazon’s Seller Performance Team alleging patent infringement by
Contraband and resulting in immediate removal of all small pink and black Micro Gloves
listings, one of Contraband’s top selling products. See Exhibit H.
7. On December 19, 2017, attorney for Fit Four filed a third Notice of Intellectual
Property Rights Violation with Amazon’s Seller Performance Team alleging patent
infringement by Contraband and resulting in immediate removal of all medium black Micro
Gloves listings, one of Contraband’s top selling products, during the busy holiday shopping
season and less that one week before Christmas. See Exhibit I
PROCEDURAL BACKGROUND
A. The Parties
8. Plaintiff CONTRABAND SPORTS, LLC is a limited liability company organized
under the laws of Florida, with its principal place of business at 1749 NE Miami Court, Apt.
213, Miami, Florida 33132.
9. Defendant FIT FOUR, LLC is a limited liability company formed under the laws
of the State of Utah, with its principal places of business at 1065 South 500 # 3, Bountiful,
Utah 84010.
B. Jurisdiction and Venue
10. This is a civil action seeking monetary and injunctive relief for declaratory
judgement under 28 U.S.C. § 2201, federal question under 28 U.S.C. § 1331, Patent Act
under 28 U.S.C. § 1338, and for substantial and related claims of tortious interference with a
3
contract, unjust enrichment, and unfair and deceptive trade practices under the statutory and
common laws of the State of Florida. The matter in controversy, exclusive of interest and
costs, exceeds the sum or value of seventy-five thousand dollars ($75,000) and arises under
the laws of the United States.
11. This Court has personal jurisdiction over defendant because Fit Four solicits
business with parties located in Florida, a substantial part of the events and omissions
occurred in this district, and the causation of tortious injury within the state by acts or
omissions outside the state.
12. The Court has subject matter jurisdiction pursuant to, 28 U.S.C. §§ 1331 and
1338(a) and (b) of the federal law claims. This Court has supplemental jurisdiction over
Contraband’s state law claims pursuant to 28 U.S.C. § 1367(a) because those claims are so
related to the claims in this action within the Court’s original jurisdiction that they form part
of the same case or controversy.
13. Venue is proper in this district under 28 U.S.C. §§ 1391(b)(1) - (2) and (c) and/or
§§ 1400(a) and (b).
COUNT I: REQUEST FOR DECLARATORY JUDGEMENT

CONCERNING U.S. PAT. NO. D652607
14. Contraband re-alleges paragraphs 1 through 11 above as if fully set forth herein.
15. Contraband is not infringing any valid claim of Fit Four’s U.S. Design Patent No.
D652,607 (“the ’607 patent”). Fit Four has accused Contraband of infringing claim 1 of the
’607 patent. Contraband’s sale of the Micro Glove does not constitute infringement of claim
1 of the ’607 patent because the Micro Glove, unlike the ’607 Patent, includes, among other
things and as demonstrated by the side-by-side examples below:
4
an adjustable hook and loop fastening strap on the top surface;
Contraband Micro Glove: ’607 Patent:
reinforced topside finger/knuckle pads;
integrated padding throughout the palm area;
5
a distinct grip-lock padding pattern of silicon rubber beads throughout the bottom surface;
and reinforced grip pads along the bottom-side finger portions, including two elongated grip
pads that extend beyond the finger hole for the middle two fingers.
16. Under the circumstances, a judicial declaration is necessary and appropriate at this
time so that the parties and others may determine their rights and duties under the laws at
issue.
17. Contraband is entitled to a declaratory judgement that it has not infringed claim 1
of the ’607 patent with the Micro Glove.
6
COUNT II: DECEPTIVE AND UNFAIR TRADE PRACTICES

Fla. Stat. §§ 501.203(3), 501.204(1)
19. Contraband alleges that Fit Four has and is currently engaged in deceptive and
unfair trade practice under sections 501.203(3) and 501.204(1), Florida Statutes (FDUTPA).
20. As described above, Defendant has engaged in unfair trade practices by falsely
filing a Notice of Intellectual Property Rights Violation with Amazon’s Seller Performance
Team alleging patent infringement by Contraband in order to intentionally interfere with
Contraband’s online sales during the busiest shopping period of the year.
21. Defendant has engaged in false and misleading representations and omissions of
material fact to Amazon’s Seller Performance Team consumers and has engaged in deceptive
conduct designed to intentionally interfere with Contraband’s online market and sales.
22. Defendant’s false and misleading representations and deceptive conduct are
material in that they have caused and are likely to cause prospective consumers of the
Plaintiff’s products to be forced to purchase the Defendant products based on the absence of
Plaintiff’s product listing on Amazon.
23. Defendant has disparaged the goods and services and business reputation of
Plaintiff through false and misleading representations of material fact by falsely filing a
fraudulent Notice of Intellectual Property Rights Violation with Amazon’s Seller
Performance Team in violation of Florida’s Deceptive and Unfair Trade Practices Act,
Sections 501.203(3) and 501.204(1), Florida Statutes.
7
24. As a direct and proximate result of such misleading and deceptive conduct, the
Plaintiff, as well as consumers, have sustained and are likely to continue to sustain damages
in terms of loss of reputation, customers, and sales.
25. Plaintiff has no adequate remedy at law.
26. Pursuant to Florida’s Deceptive and Unfair Trade Practices Act §§ 501.207 –
501.2075, the Plaintiff is entitled to enjoin Defendant’s unlawful conduct as well as obtain
actual damages, compensatory damages, punitive damages, and attorney’s fees.
COUNT III: TORTIOUS INTERFERENCE WITH A

CONTRACTUAL AND/OR BUSINESS RELATIONSHIP
28. Contraband had a business relationship, or, alternatively a contractual relationship
with Amazon.com, whereby Contraband was able to advertise and sell its products through
Amazon’s website, which is one of the most successful sales enterprises in the world,
attracting millions of customers every day.
29. Contraband has attributed approximately ninety percent of its yearly sales to its
business relationship with Amazon and its ability to sell products to Amazon’s huge
customer base.
30. Defendant is and has been aware of Contraband’s contractual/business
relationship with third party Amazon.
31. Defendant interfered with Contraband’s contractual/business relationship with
Amazon by falsely informing Amazon that Contraband was selling products that infringed
Defendant’s patent, causing Amazon to remove Contraband items from sale on Amazon.
8
32. As a result of Contraband products being removed from Amazon, Contraband has
suffered loss of sales, loss of profits, loss of reputation, and potential loss of customers.
33. Damage to Contraband will continue to accrue unless or until Defendant’s
improper conduct is enjoined.
34. Contraband has no adequate remedy at law.
COUNT IV: UNJUST ENRICHMENT
35. Contraband repeats and re-alleges each and every allegation of paragraphs 1
through 11 as if fully set forth herein.
36. Contraband been denied financial compensation from the proceeds of sales as a
result of Defendant’s fraudulent filing of a Notice of Intellectual Property Rights Violation
with Amazon’s Seller Performance Team, and have benefitted from Contraband’s inability to
sell their product on Amazon by selling products to potential customers of Contraband who
could no longer find Contraband’s products on Amazon. Defendant has received monies that
unjustly enrich it at Contraband’s expense. This constitutes unjust enrichment under Florida
common law. The circumstances are such that equity and good conscience require the
Defendant to disgorge its unjust enrichment in an amount to be proven at trial.
37. Contraband requests that in order to facilitate the disgorgement of Defendant’s ill-
gotten proceeds, this Court impose a constructive trust against the Defendant from its illicit
profits resulting from Contraband’s inability to sell its products.
COUNT V: LIBEL PER SE
through 11 as if fully set forth herein.
9
39. The statements by Defendant to Amazon’s Seller Performance Team constitute
the Florida tort of libel per se because the false and malicious statements accuse Contraband
of patent infringement and unlawful business practices; Defendant made statements to
Amazon’s Seller Performance Team in each Notice filed with Amazon in which Defendant
falsely stated that the Micro Gloves cited therein infringed the ’607 Patent.
40. Such false statements made by Defendant about Contraband were stated as though
they were facts, not opinions, and are attacks on Contraband’s professional character.
41. Such false statements were made by Defendant with actual malice and the intent
to injure Contraband’s reputation, divert business from Contraband, and have caused harm to
its reputation and business.
42. Contraband is presumed to have been damaged by Defendant’s statements and is
entitled to recover from Defendant actual damages including compensatory, consequential,
incidental, and punitive damages, together with court costs, and attorney’s fees.
43. As a consequence of Defendant’s conduct, Contraband has suffered and will
continue to suffer damaged reputation and financial loss through loss of business and loss of
customers until Defendant’s improper conduct is enjoined.
44. Contraband has no adequate remedy at law.
DAMAGES
through 11 as if fully set forth herein. Contraband affirmatively pleads and seeks monetary
relief that in the aggregate exceeds $75,000.
10
Jury Demand
46. Contraband hereby demands pursuant to Federal Rule of Civil Procedure 38(b) a
trial by jury on all issues so triable.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully prays that judgment be entered against the
Defendant, and that such judgment includes the following:
1. A declaratory judgement that Contraband is not infringing claim 1 of the ’607
patent with its Micro Glove;
2. A permanent injunction enjoining Fit Four from asserting to Amazon or its
customers or to other third parties, that Contraband’s sales of the Micro Glove constitute
infringement of Fit Four’s patent rights, including the ’607 patent.
3. Fit Four be required to pay Contraband the Defendant’s profits and any costs of
this action and any damages which the Contraband sustained as a result of Defendant’s
willful deceptive acts and unfair trade practices, tortious interference, unjust enrichment, and
libel per se.
4. Fit Four be required to pay any exceptional damages under 35 U.S.C. §285.
5. Fit Four be required to pay to Plaintiff actual damages against the Defendant on
the cause of action alleged herein and the recovery of pre-judgment and post-judgement
interest as allowed by law.
6. Fit Four be required to pay the Plaintiff its reasonable attorney’s fees and costs
incurred in pursuit of this action.
7. The Court grants such other and further relief, both general and special, at law or
11
in equity, to which Plaintiff Contraband may be justly entitled.
Respectfully Submitted,
Dated: December 19, 2017
By: /s/ Andrew S. Rapacke

Andrew S. Rapacke, Esquire
Attorney for Plaintiff
THE RAPACKE LAW GROUP, P.A.
Florida Bar No: 0116247
1836 N. Pine Island Road
Plantation, FL 33322
Telephone: (954) 951-0154
Facsimile: (954) 206-0484
Email and Court designation:
andy@arapackelaw.com
12
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I electronically filed the foregoing document with the Clerk of
the Court using CM/DE. I also certify that the foregoing document is being served this day on all
counsel of record or pro se parties identified on the attached service list in the manner specified,
either via transmission of Notices of Electronic Filing generate by CM/DE or in some other
authorized manner for those counsel or parties who are not authorized to receive electronically
Notices of Electronic Filing on December 19, 2017.
By: /s/ Andrew S. Rapacke

Florida Bar No. 0116247
Service List
Counsel for Defendant
Timothy D. Nichols
60 East South Temple
Suite 1000
Salt Lake City, UT 84111
Telephone: (801) 322-8442
Email: TNichols@WNLaw.com
Counsel for Plaintiff

Andrew Rapacke
Florida Bar No. 0116247
The Rapacke Law Group, P.A.
1836 N. Pine Island Road,
Telephone: (954) 951-0154
Facsimilie: (954) 206-0484
Email: andy@arapackelaw.com
13
Case 1:17-cv-24615-RNS Document 1-1 Entered on FLSD Docket 12/19/2017 Page 1 of 26
EXHIBIT A
12/19/2017
Case 1:17-cv-24615-RNSContraband
DocumentPink Label
1-1 5537Entered
Womens MICRO Lifting Gloves
on FLSD Docket| Contraband Sports
12/19/2017 Page 2 of 26
CONTRABAND PINK LABEL 5537

WOMENS MICRO LIFTING GLOVES
PRODUCT INFORMATION
MICRO GLOVE DESIGN – Custom designed to allow your hands to feel free while still providing
protection where you need it most. Adjustable closure velcro provides just the right amount of tightness as
preferred by the user.
GRIP-LOCK PADDING – Silicone rubber beading on the glove palm provides a high traction surface to
grab a barbell, dumbbell, or other piece of equipment and hold it securely without losing grip. This provides
a much better grip than traditional leather palm gloves.
COMFORT SOFT INTERIOR – Glove interior is soft to provide comfort for extended use. The materials
help to pull sweat from the hands and absorb in order to maintain a firm fit without slippage.
QUICK REMOVAL FINGER TABS – Placed on the index and ring finger, the pointed tabs allow for quick
removal of the gloves. Rather than dig around trying to get a grip on the glove, the tabs are easy to grip
and make removing the gloves extremely easy.
NO HASSLE RETURNS AND WARRANTY – There is a full purchase price refund within 30 days of your
purchase if you are not happy for any reason. After 30 days, there is a 1yr full replacement warranty on
these gloves for any manufacturing defect.
http://contrabandsports.com/portfolio/contraband-pink-label-5537-womens-micro-lifting-gloves/ 1/1
EXHIBIT B
On Mon, Oct 2, 2017 at 1:10 PM, Matt Mantell - Amazon Marketplace

<qz4dh438h8hkgxk@marketplace.amazon.com> wrote:
For your security, Amazon removed parts of this message. Click here to learn more:
http://www.amazon.com/gp/help/customer/display.html?nodeId=200465390
------------- Begin message -------------
To whom it may concern:
I am one of the owners of Fit Four, LLC. We, as you obviously are aware, own the rights to and
manufacture the 4 finger Gripper Glove.
We own a design patent on the Gripper Glove that you are in direct violation of with your gloves, ASIN
B01CZGMV1W.
To avoid Amazon getting involved and further legal action please reply to this email with the information
below and stop selling the violating gloves immediately.
1 Confirm that you have stopped selling the gloves.
2 Tell us if you are the manufacturer of the gloves or a distributor.
3 If you are not the manufacturer please give us the name and contact info for the manufacturer.
Regards,
Matt Mantell
[link removed]
------------- End message -------------

EXHIBIT C
From: Christopher French <christopher@contraband.com>

Date: Mon, Oct 2, 2017 at 1:19 PM
Subject: Re: Inquiry from Amazon customer Matt Mantell
To: Matt Mantell - Amazon Marketplace <qz4dh438h8hkgxk@marketplace.amazon.com>
Hi,
Thanks for your email. We investigated your gloves prior to our design and through our patent lawyer
determined that we would not be in violation, additionally our design was able to be submitted for a
patent which has been done. Please inspect our item compared to yours and see the major differences
in the designs. While you do have a patent on your design, it does not cover all products that could
potentially cover half the hand, therefore we were able to design a product that covers half the hand
and performs very differently than the gripper glove. If you have any questions, please have your patent
lawyer contact us and present evidence of how our design infringes on your patent, we will evaluate
with our patent lawyer however this was already done prior to design of our gloves.
We respect the patents that other businesses have and it gives you the ability to protect something that
you have designed. The patent system is also meant to allow innovation in which an individual or a
company can take a previous design, enhance it, and patent the new product, which is exactly what we
have done. We evaluated all products that were similar to the gripper gloves, including the gripper
gloves. We determined what the patent provided for and what it didn't. Then we designed our product
based on what we would be allowed to do that would not violate your patent.
Sincerely,
Christopher French
Contraband Sports
----------------------------------
EXHIBIT D
From: notice@amazon.com <notice@amazon.com>

Date: Tue, Nov 21, 2017 at 12:14 AM
Subject: Notice: Policy Warning
To: "christopher@contrabandsports.com" <christopher@contrabandsports.com>
Hello,
We are contacting you because we received a report of patent infringement. Sellers on Amazon.com are
not allowed to create listings or detail pages that infringe third-party patents.
We removed the content listed at the end of this email. We may let you list this content again if we
receive a retraction of the complaint from the rights owner. Their contact information can be found
below.
--tnichols@wnlaw.com
If the rights owner agrees to retract their complaint, they must send the retraction to us at notice-
dispute@amazon.com.
If you believe that the reported content does not infringe the rights owner’s patent, you may email
notice-dispute@amazon.com with supporting information.
If the rights owner does not retract their complaint, or you do not provide supporting information, we
may provide your contact information to the rights owner upon their request.
We consider allegations of intellectual property infringement a serious matter and your account is under
review. If we receive more complaints about your listings, we may not allow you to sell on Amazon.com.
To learn more about this policy, search for 'Intellectual Property Violations' in Seller Central Help.
ASIN(s):
B01CZGMV1W
Complaint ID: 1203301981
Infringement type: Patent
Sincerely,
Seller Performance Team

Amazon.com
http://www.amazon.com
EXHIBIT E
From: Andrew Rapacke [mailto:andy@arapackelaw.com]

Sent: Tuesday, November 21, 2017 2:10 PM
To: Timothy D. Nichols <TNichols@WNLaw.com>
Cc: Christopher French <christopher@contraband.com>
Subject: Demand for Immediate Retraction of Intellectual Property Rights Violation Notification on
Amazon
Dear Mr. Nichols,
We have reviewed what we believe is the patent at issue in this matter, USD652607S1 to
Robbins. Please correct me if I am mistaken. After reviewing your client’s issued patent and
comparing it with our client's design, we are very confident that our client's gloves do not
infringe your client’s ‘607 patent. Specifically, when comparing the two designs side-by-side,
the Robbins Patent fails to disclose many of the key features shown in our client’s design such as
a fastening mechanism, padded palm area, incorporated grips, elongated middle and ring finger
grips, and overall topside design/appearance, and we are confident that an ordinary observer
would not view them as substantially similar. Further, based on these glaring differences, we are
confident the Intellectual Property Rights Violation Notice filed by your client was designed to
interfere with our clients current business and contractual relationships and/or disrupt our client
sales during the busiest sales period of the year. With that said if your client does not
immediately retract their violation request to Amazon by 5:00 pm on Wednesday,
November 22, 2017, we will seek judicial relief including all available remedies.
Andrew Rapacke, Esq.

The Rapacke Law Group, P.A.
O: 954.533.4396 | F: 954.206.0484
Orlando | Tallahassee | Fort Lauderdale
Website | Facebook | LinkedIn
This e-mail is from the Rapacke Law Group, P.A. (“RLG”), and is intended solely for the use of the individual(s) to whom it is addressed. If you
believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or
disclose it to anyone else. If you are not an existing client of RLG, do not construe anything in this e-mail to make you a client unless it contains
a specific statement to that effect and do not disclose anything to RLG in reply that you expect it to hold in confidence. If you properly received
this e-mail as a client, co-counsel or retained expert of RLG, you should maintain its contents in confidence in order to preserve the attorney-
client or work product privilege that may be available to protect confidentiality.
EXHIBIT F
USOOD652607S
(12) United
Robbins
States Design Patent (10) Patent No.: US D652,607 S
(45) Date of Patent: ... Jan. 24, 2012
(54) FOUR-FINGER GLOVE FOREIGN PATENT DOCUMENTS

EM OO1194336-0013 * 3/2010
(76) Inventor: Jonathan D. Robbins, Centerville, UT EM OO1725458-OOO1 * 7 2010
(US) * cited by examiner
(**) Term: 14 Years Primary Examiner — Karen E. Eldridge Powers
(74) Attorney, Agent, or Firm — Workma Nydegger
(21) Appl. No. 29/387,693 (57) CLAM
(22) Filed: Mar 16, 2011 The ornamental design for a four-finger glove, as shown and
described.
(51) LOC (9) Cl. .................................................. 02-06
DESCRIPTION
(52) U.S. Cl. ........................................................ D2A617
(58) Field of Classification Search ................... D2/610, FIG. 1 is a front elevational view showing a four-finger glove
D2/614, 615, 616, 617, 618, 619, 620, 621, secured about a left hand of a user;
D2/622,623; D20/33: D21/807; D28/63; FIG. 2 is a back elevational view showing the four-finger
D29/113, 114, 116.2, 117.1, 117.2, 120.1, glove secured about the left hand of the user;
D29/123; D32/40, 41, 42, 43; 2/16, 158, FIG. 3 is a left side perspective view thereof;
2/159, 161.1, 161.3, 1614, 161.5, 1618, FIG. 4 is right side perspective view thereof;
2/162, 168, 170,455,908, 910,917; 40/586: FIG. 5 is a top plan view thereof;
446726 FIG. 6 is a bottom plan view thereof;
See application file for complete search history. FIG. 7 is a front elevational view showing another embodi
ment of a four-finger glove secured about a right hand of a
(56) References Cited user,
FIG. 8 is a back elevational view showing the four-finger
U.S. PATENT DOCUMENTS glove secured about the right hand of the user;
1,362.461 A * 12, 1920 Anast .................................. 2/21 FIG. 9 is a right side perspective view thereof;
1437,310 A * 1 1/1922 Ingram ... 441/57 FIG. 10 is left side perspective view thereof;
1479,771 A * 1/1924 Campbell ... 2/16 FIG. 11 is a top plan view thereof; and,
1954,262 A * 4/1934 Potter ...... ... 2/161.2
D115,171 S * 6/1939 O’Leary .. ... D28.63 FIG. 12 is a bottom plan view thereof.
2,314,545. A * 3, 1943 Lindfelt ............................ 2,159 The hand shown in broken lines illustrates the environment in
3,501.773 A * 3/1970 Stansberry et al. . 2f159 which the four-finger glove is worn, and forms no part of the
4,519,097 A * 5/1985 Chappell et al. .................... 2/16 claimed design. The broken lines shown on the four-finger
4,873,998 A * 10/1989 Joyner ............. 128,879 glove itself are Stitching shown for illustrative purposes, and
6,035,444 A * 3/2000 McGrew ... ... 2,161.6
6,539,550 B1 * 4/2003 Flores ................................. 2/16 form no part of the claimed design.
D596,807 S * 7/2009 Walding ........... D29,116.2
2003/0074713 A1* 4/2003 Zuckerwar et al. ............... 2,159 1 Claim, 8 Drawing Sheets
U.S. Patent Jan. 24, 2012 Sheet 1 of 8 US D652,607 S




Fig. 7
Fig. 8
Fig. 9 Fig. 10

EXHIBIT G
From: Timothy D. Nichols [mailto:TNichols@WNLaw.com]

Sent: Wednesday, November 22, 2017 3:37 PM
To: Andrew Rapacke <andy@arapackelaw.com>
Cc: Miriam Rivas <MRivas@WNLaw.com>
Subject: RE: Demand for Immediate Retraction of Intellectual Property Rights Violation Notification on
Amazon [IWOV-1.FID1908264]
Mr. Rapacke-
We represent Fit Four, LLC in its intellectual property matters. This email is in response to your set of
emails dated November 21, 2017.
You are correct in that my client has filed an infringement report with Amazon against your client’s
MICRO Weight Lifting Gloves based on U.S. Design Patent D652607 (see attached). Regarding your
contention of non-infringement, we disagree.
As you are well aware, a design patent is infringed if an ordinary observer would think that the accused
design is substantially the same as the patented design when the two designs are compared in the
context of the prior art. We have purchased and reviewed your client’s MICRO Weight Lifting Gloves
and determined that they infringe my client’s patented design. More particularly, we have found that an
ordinary observer would think the two overall designs are substantially the same (see Exhibit
A). Notably, the gloves we purchased on Amazon do not include elongated middle and ring finger grips
as you suggest and even if they did your client does not escape liability for infringement by trivial add-
ons to my client’s patented design. In determining infringement of a design patent, any differences
must be evaluated in the context of the claimed design as a whole, and not in the context of separate
elements in isolation.
With all of that being said, my client declines your request to withdraw its complaint by your given
deadline. Fit Four has however expressed interest in initiating discussions regarding how Fit Four and
Contraband Sports may work together to find a solution to this situation before Fit Four looks to other
courses of action.
Please confirm receipt of this email immediately and respond substantively by November 29, 2017,
confirming whether your client is interested in discussing a potential business solution with Fit Four.
Thanks,
TIMOTHY D. NICHOLS
ATTORNEY AT LAW
WORKMAN | NYDEGGER
OFFICE DIRECT:801-322-8442
EXHIBIT H
From: "notice@amazon.com" <notice@amazon.com>

Date: Dec 7, 2017 7:23 PM
Subject: Notice: Policy Warning
Cc:
Hello,
We are contacting you because we received a report of patent infringement. Sellers on Amazon.com are
not allowed to create listings or detail pages that infringe third-party patents.
We removed the content listed at the end of this email. We may let you list this content again if we
receive a retraction of the complaint from the rights owner. Their contact information can be found
below.
--matt@fitfour.com
dispute@amazon.com.
If you believe that the reported content does not infringe the rights owner’s patent, you may email
notice-dispute@amazon.com with supporting information.
If the rights owner does not retract their complaint, or you do not provide supporting information, we
may provide your contact information to the rights owner upon their request.
To learn more about this policy, search for 'Intellectual Property Violations' in Seller Central Help.
ASIN(s): B01CZGMVOY
Infringement type: Patent
Sincerely,
Seller Performance Team

Amazon.com
http://www.amazon.com
EXHIBIT I
From: seller-evaluation@amazon.com <seller-evaluation@amazon.com>

Date: Tue, Dec 19, 2017 at 11:07 AM
Subject: Warning: Notice of Intellectual Property Rights Infringement
Hello,
We are contacting you because we received a report of infringement from the rights owner listed below.
Sellers on Amazon.com are not allowed to create listings or detail pages that infringe intellectual
property rights. We removed the following content:
ASIN: B01CZGMV8A, Contraband Pink Label 5537 Womens MICRO Weight Lifting Gloves w/ Grip-Lock
Padding (PAIR) (Black, Medium)
We may let you list this content again if we receive a retraction from the rights owner. Their contact
information can be found below.
Timothy Nichols
tnichols@wnlaw.com
dispute@amazon.com.
If you believe that the reported content does not infringe the rights owner’s intellectual property rights,
you may email notice-dispute@amazon.com with supporting information.
To learn more about this policy, search for "Intellectual Property Violations" in Seller Central Help.
Sincerely,
CIVIL
Case 1:17-cv-24615-RNS Document
JS 44 (Rev. 06/17) FLSD Revised 06/01/2017 1-2 COVER
Entered SHEET
on FLSD Docket 12/19/2017 Page 1 of 1
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose
of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) NOTICE: Attorneys MUST Indicate All Re-filed Cases Below.
I. (a) PLAINTIFFS Contraband Sports, LLC DEFENDANTS Fit Four, LLC
(b) County of Residence of First Listed Plaintiff Miami-Dade, FL County of Residence of First Listed Defendant
Davis, UT
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Andrew S. Rapacke 1836 N. Pine Island Rd. Timothy D. Nichols 60 East South Temple
The Rapacke Law Group, P.A. Plantation, FL 33322 (801) 322-8442 Suite 1000
(954) 951-‐0154 Salt Lake City, UT 84111
(d) Check County Where Action Arose: ✔ MIAMI- DADE MONROE BROWARD PALM BEACH MARTIN ST. LUCIE INDIAN RIVER OKEECHOBEE HIGHLANDS
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff)
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government ✔ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place ✔ 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 ✔ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729 (a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability ✘ 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent – Abbreviated 460 Deportation
New Drug Application
Student Loans 340 Marine Injury Product 840 Trademark 470 Racketeer Influenced and
(Excl. Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) 490 Cable/Sat TV
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 850 Securities/Commodities/
190 Other Contract Product Liability 380 Other Personal 740 Railway Labor Act 864 SSID Title XVI Exchange
195 Contract Product Liability 360 Other Personal Property Damage 751 Family and Medical 865 RSI (405(g)) 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage Leave Act 891 Agricultural Acts
362 Personal Injury - Product Liability 790 Other Labor Litigation 893 Environmental Matters
Med. Malpractice 791 Empl. Ret. Inc. 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Security Act FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) 899 Administrative Procedure
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS—Third Party 26 Act/Review or Appeal of
Sentence USC 7609
240 Torts to Land 443 Housing/ Other: Agency Decision
Accommodations
245 Tort Product Liability 445 Amer. w/Disabilities - 530 General IMMIGRATION 950 Constitutionality of State
Statutes
290 All Other Real Property Employment 535 Death Penalty 462 Naturalization Application
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee –
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
Transferred from 6 Multidistrict
✔ 1 Original 2 Removed 3 Re-filed 4 Reinstated 5 7 Appeal to 8 Multidistrict
Proceeding from State (See VI or another district Litigation
District Judge Litigation 9 Remanded from
Appellate Court
Court below) Reopened (specify) Transfer
from Magistrate – Direct
Judgment File
VI. RELATED/ (See instructions): a) Re-filed Case YES ✔ NO b) Related Cases YES ✔ NO
RE-FILED CASE(S) JUDGE: DOCKET NUMBER:
Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless diversity):
VII. CAUSE OF ACTION 28 U.S.C. § 2201 -‐ 2202 -‐ Declaratory Judgment and further relief
LENGTH OF TRIAL via 5 days estimated (for both sides to try entire case)
VIII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION
DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F.R.C.P. 23
JURY DEMAND: ✔ Yes No
ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE
DATE SIGNATURE OF ATTORNEY OF RECORD
12/19/2017
/s/ Andrew S. Rapacke
FOR OFFICE USE ONLY

RECEIPT # AMOUNT IFP JUDGE MAG JUDGE
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA
CONTRABAND SPORTS, LLC, §

a Florida Limited Liability Company, § Civil Action No.:
§
Plaintiff, §
§
v. §
§ JURY TRIAL DEMANDED
FIT FOUR, LLC, a Utah §
Limited Liability Company, §
§
Defendant. §
§
SUMMONS IN A CIVIL ACTION
TO: FIT FOUR, LLC, by serving their Registered Agent:

Mr. Jared Max Ericksen
1065 South 500 West #3
Bountiful, UT 84010
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’s attorney, whose name and
address are:
ANDREW S. RAPACKE, ESQUIRE
1836 N. Pine Island Road
Telephone: (954) 533-4396
Facsimile: (954) 206-0484
Email:andy@arapackelaw.com
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.
Date: CLERK OF COURT
_________________________________
Signature of Clerk or Deputy Clerk

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Case 1:17-cv-24615-RNS Document 1 Entered on FLSD Docket 12/19/2017 Page 1 of 13

IN THE UNITED STATES DISTRICT COURT

CONTRABAND SPORTS, LLC, §

Plaintiff, Contraband Sports, LLC (“Contraband”), by and through undersigned attorneys,

Violation on popular e-commerce website <amazon.com> resulting in the removal of several

1. Contraband is a premier designer and manufacturer of workout products,

Office (collectively, “Contraband Intellectual Property”). In 2015, Contraband introduced its

“CONTRABAND PINK LABEL 5537 WOMEN MICRO LIFTING GLOVES” (“Micro

based its sale of the Micro Glove. See Exhibit B.

3. Contraband promptly responded to Fit Four’s threatening email denying any

year (i.e., Cyber Monday). See Exhibit D.

5. Later on November 21, 2017, counsel for Contraband identified several

Gloves against which the Notices were filed. See Exhibit G.

6. On December 7, 2017, Fit Four filed a second Notice of Intellectual Property

listings, one of Contraband’s top selling products. See Exhibit H.

8. Plaintiff CONTRABAND SPORTS, LLC is a limited liability company organized

213, Miami, Florida 33132.

B. Jurisdiction and Venue

the laws of the United States.

omissions outside the state.

of the same case or controversy.

§§ 1400(a) and (b).

COUNT I: REQUEST FOR DECLARATORY JUDGEMENT

things and as demonstrated by the side-by-side examples below:

an adjustable hook and loop fastening strap on the top surface;

Contraband Micro Glove: ’607 Patent:

reinforced topside finger/knuckle pads;

Contraband Micro Glove: ’607 Patent:

integrated padding throughout the palm area;

Contraband Micro Glove: ’607 Patent:

Contraband Micro Glove: ’607 Patent:

Contraband Micro Glove: ’607 Patent:

of the ’607 patent with the Micro Glove.

COUNT II: DECEPTIVE AND UNFAIR TRADE PRACTICES

Team alleging patent infringement by Contraband in order to intentionally interfere with

Plaintiff’s product listing on Amazon.

fraudulent Notice of Intellectual Property Rights Violation with Amazon’s Seller

Sections 501.203(3) and 501.204(1), Florida Statutes.

in terms of loss of reputation, customers, and sales.

25. Plaintiff has no adequate remedy at law.

actual damages, compensatory damages, punitive damages, and attorney’s fees.

COUNT III: TORTIOUS INTERFERENCE WITH A

28. Contraband had a business relationship, or, alternatively a contractual relationship

attracting millions of customers every day.

30. Defendant is and has been aware of Contraband’s contractual/business

relationship with third party Amazon.

31. Defendant interfered with Contraband’s contractual/business relationship with

33. Damage to Contraband will continue to accrue unless or until Defendant’s

improper conduct is enjoined.

34. Contraband has no adequate remedy at law.

COUNT IV: UNJUST ENRICHMENT

through 11 as if fully set forth herein.

result of Defendant’s fraudulent filing of a Notice of Intellectual Property Rights Violation

Defendant to disgorge its unjust enrichment in an amount to be proven at trial.

profits resulting from Contraband’s inability to sell its products.

COUNT V: LIBEL PER SE

through 11 as if fully set forth herein.

39. The statements by Defendant to Amazon’s Seller Performance Team constitute

of patent infringement and unlawful business practices; Defendant made statements to

its reputation and business.

42. Contraband is presumed to have been damaged by Defendant’s statements and is

entitled to recover from Defendant actual damages including compensatory, consequential,

43. As a consequence of Defendant’s conduct, Contraband has suffered and will

customers until Defendant’s improper conduct is enjoined.