Professional Documents
Culture Documents
Trimr v. Perfectshakers - Com - Complaint
Trimr v. Perfectshakers - Com - Complaint
Plaintiff,
Defendant.
PARTIES
1. Plaintiff Trimr, LLC is a Utah limited liability company with a principal place of
2. Trimr owns all rights, title, and interest in U.S. Patent No. 9,839,888, which is the
4. This action arises under the Patent Act (35 U.S.C. § 271). This Court has subject
5. This action also arises under the Lanham Act. This Court also has subject matter
jurisdiction under § 39 of the Lanham Act (15 U.S.C. § 1121), and 28 U.S.C. § 1338.
6. Perfect Shaker actively conducts business in the State of Utah, either directly
through the Internet or through distributors, and has received orders from, and has filled and
shipped orders to, the State of Utah for the infringing products. These tortious acts form the
basis of Trimr’s claims against Perfect Shaker. As a result, this Court has personal jurisdiction
GENERAL ALLEGATIONS
8. Trimr manufactures, sells, and distributes a portable mixer bottle under the
9. Trimr has invested heavily to protect its intellectual property rights relating to the
TRIMR bottle. The utilitarian aspects of the TRIMR are covered by U.S. Patent No. 9,839,888
10. The TRIMR bottle is cloaked with a distinctive trade dress, which includes a
translucent mixer cup (in various colors) topped by a lid with the same color as the cup. The
hand-held shakable container has an hourglass figure and includes a substantially vertical
2
Case 2:18-cv-00364-EJF Document 2 Filed 05/03/18 Page 3 of 13
member with a connected agitator that moves vertically along a rigid axis. Representative
11. On or about February 15, 2013, Perfect Shaker contacted Trimr to inquire about
the possibility of receiving exclusive distribution rights for the TRIMR bottle in Canada.
12. On or about March 1, 2013, Perfect Shaker inquired of Trimr about the possibility
of acquiring Trimr.
13. In May 2013, Perfect Shaker and Trimr executed a Mutual General Nondisclosure
Agreement (“NDA”) in order to explore the possibility of Perfect Shaker purchasing Trimr. The
NDA is in effect for five years, ending on May 6, 2018. A copy of the NDA is attached as
Exhibit C.
14. In reliance upon protections agreed to in the NDA, Trimr disclosed to Perfect
Shaker proprietary and confidential information including, but not limited to:
15. On May 9, 2013, Perfect Shaker sent Trimr a Term Sheet indicating its interest in
16. After Trimr replied that it believed the company was worth more, Perfect Shaker
sent Trimr a second Term Sheet on May 15, 2013, indicating its interest in acquiring the
3
Case 2:18-cv-00364-EJF Document 2 Filed 05/03/18 Page 4 of 13
17. Perfect Shaker stated that it would only be willing to initially pay five percent of
the purchase price, and only after an additional condition was met—its receipt of a leak free
18. In order to verify that Perfect Shaker had the financial means to pay the remaining
95% of the agreed upon price, Trimr requested balance sheets, and profit and loss documents
from Perfect Shaker, and personal financial statements from Perfect Shaker’s founders.
19. Trimr’s requested information was denied. Instead, Perfect Shaker changed its
position, stating that instead of acquiring Trimr it only wanted distribution rights for Trimr
products in Canada.
20. On or about August 15, 2015, Trimr received information from its contact at
Bodybuilding.com that Perfect Shaker had sent them its Perfect Shaker “Slim” bottle which was
identical to Trimr’s bottle both in utility and design. A copy of the Perfect Shaker Slim bottle is
attached as Exhibit D.
21. On September 9, 2015, Trimr contacted Perfect Shaker via phone to discuss the
infringing bottle. Perfect Shaker claimed that it had only ordered 10,000 bottles with Trimr’s
design, had only sent its bottle to two companies, and that it had not yet sold any.
22. During the September 9, 2015 telephone call, Perfect Shaker stated that it had
obtained legal advice that the utility part of its bottle did not infringe (the “Legal Advice
Letter”).
23. On September 12, 2015, Perfect Shaker emailed to Trimr a copy of the letter it
4
Case 2:18-cv-00364-EJF Document 2 Filed 05/03/18 Page 5 of 13
24. The Legal Advice Letter reviewed Perfect Shaker’s product design against United
States Patent No. 7,441,941, United States Patent No. 6,379,032, and Trimr’s pre-grant United
25. Regarding Trimr’s pre-grant publication application ‘154, the Legal Advice Letter
stated:
The ‘154 patent is still pending and has not yet issued. At this
time, it is impossible to determine the likelihood of infringement as
the Applicant may amend the claims at any time during the
prosecution, and may file a divisional or continuation application.
While a full analysis of the pending claims has not been conducted,
it is noted that each of the independent claims in the ‘154 patent
refers to a straw that is used as a guide rod. In contract to this, the
guide rod in your bottle is sealed on both ends, and the lid does not
have an opening to allow the guide rod to be used as a straw.
26. On or about September 22, 2016, Trimr’s counsel sent a letter to Perfect Shaker
notifying Perfect Shaker that it had violated the NDA, infringed on Trimr’s patent, and employed
a former employee of Trimr who was bound by a non-compete agreement. A copy of the
27. After the September 22, 2016 letter, the parties again began discussions for the
28. After discussions fell through, Trimr’s attorney on December 29, 2016, sent a
letter to Perfect Shaker reminding it that Perfect Shaker is infringing upon Trimr’s patent, has
violated the NDA, and tortiously interfered with Trimr’s non-compete agreement with its
previous employee. A copy of the December 29, 2016 letter is attached as Exhibit F.
5
Case 2:18-cv-00364-EJF Document 2 Filed 05/03/18 Page 6 of 13
29. Notwithstanding Perfect Shaker’s agreement in the NDA to “treat all information
exchanged as proprietary and confidential,” on information and belief, Perfect Shaker has
converted the proprietary and confidential information of Trimr for its own use.
30. Perfect Shaker is well aware of the goodwill Trimr has established through its
31. On information and belief, Perfect Shaker adopted a marketing strategy and
philosophy to intentionally and unlawfully trade off that goodwill that Trimr had built up by
infringing Trimr’s patent rights and trade dress rights. In isolation, any one of the infringement
claims raised herein would be a serious problem. Collectively, Perfect Shaker’s egregious
misconduct yields only one conclusion: Perfect Shaker has adopted a strategy to deliberately
pilfer and infringe Trimr intellectual property rights and unlawfully trade off the extensive
32. To date, Perfect Shaker has failed and refused to discontinue its theft of and
infringement of Trimr’s intellectual property rights. Accordingly, Trimr has no alternative but to
33. Trimr re-alleges and incorporates the preceding allegations of this Complaint.
35. The NDA is a valid and enforceable contract between the parties.
36. Perfect Shaker agreed, among other things, to “treat all information exchanged as
proprietary and confidential” and for a period of five years from the date of receipt of the
6
Case 2:18-cv-00364-EJF Document 2 Filed 05/03/18 Page 7 of 13
proprietary information, “to use the same measures to avoid dissemination of each such
37. On information and belief, in direct violation of the clear and explicit terms of the
NDA, Perfect Shaker has illicitly used for its own benefit the confidential and propriety
39. Trimr has been damaged by Perfect Shaker’s actions, and is, therefore, entitled to
recover actual and consequential damages as a direct and proximate result of Perfect Shaker’s
40. Trimr re-alleges and incorporates the preceding allegations of this Complaint.
41. Trimr and Perfect Shaker entered into a valid and enforceable contract.
42. Trimr had a reasonable and good faith expectation that Perfect Shaker would act
43. Perfect Shaker acted purposely and intentionally to undermine Trimr’s rights to
44. Perfect Shaker’s actions and inactions, as described above, demonstrate a course
and pattern of actions that benefited its own interests to the detriment of Trimr.
45. Perfect Shaker’s actions, as detailed above, constitute a breach of the covenant of
7
Case 2:18-cv-00364-EJF Document 2 Filed 05/03/18 Page 8 of 13
46. Trimr re-alleges and incorporates by this reference the preceding allegations of
this Complaint.
47. Perfect Shaker imports, uses, sells, and offers for sale infringing portable mixer
the attached advertisements depicting Perfect Shaker’s “PerfectShaker Slim – 600 ml,” Ultimate
Warrior WWE Collection Legends Series #5, and G.I. Joe (Black) G.I. Joe Collection Original
48. Perfect Shaker’s actions as described above, and specifically Perfect Shaker’s
unauthorized manufacture, use, importation, offers to sell, and sales of the SHAKERS constitutes
49. Perfect Shaker’s continued actions of making, using, importing, selling, offering
for sale, and distributing the SHAKERS has injured, is injuring, and will cause irreparable injury
to Trimr and Trimr’s patent rights and exclusive market position if not preliminarily and
50. Trimr is entitled to an injunction prohibiting Perfect Shaker from further making,
importing, using, selling, offering for sale, or otherwise distributing the SHAKERS without
51. Trimr is entitled to recover all damages caused by Perfect Shaker’s infringement,
52. On information and belief, Perfect Shaker’s infringement is willful, or at the very
least, in reckless disregard of Trimr’s patent rights. Perfect Shaker had knowledge of Trimr’s
8
Case 2:18-cv-00364-EJF Document 2 Filed 05/03/18 Page 9 of 13
patent rights and other proprietary information, but proceeded to copy Trimr’s bottle despite an
objectively high risk that it would infringe a valid patent. Because Perfect Shaker has continued
to manufacture, import, use, offer to sale, sell, and otherwise distribute the SHAKERS after
having actual knowledge of the ‘888 patent without any defense, Trimr is entitled to treble
53. This is an exceptional case. Trimr is, therefore, entitled to an award of attorney’s
54. Trimr re-alleges and incorporates by this reference the preceding allegations of
this Complaint.
55. Trimr is entitled to legal protection of its TRIMR trade dress under § 43(a) of the
Lanham Act, which trade dress includes, without limitation, a translucent hourglass mixer cup
(in various colors) topped by a lid with the same color as the cup, and a double vortex-shaped
56. The TRIMR trade dress acquired secondary meaning—consumers have come to
recognize the TRIMR trade dress as identifying Trimr as the source of the high quality TRIMR
trade dress.
57. Perfect Shaker has so closely imitated and/or copied the TRIMR trade dress that
the consuming public has been confused, and will continue to be confused, as to the source or
origin of Perfect Shaker’s products, and will erroneously believe that Perfect Shaker’s products
come from Trimr. In the eye of an ordinary observer, giving such attention as a purchaser
usually gives, the TRIMR and the Perfect Shaker Slim are substantially the same, and the
9
Case 2:18-cv-00364-EJF Document 2 Filed 05/03/18 Page 10 of 13
resemblance is such to deceive an observer, inducing him to purchase the Slim supposing it to be
the TRIMR. Additionally, Perfect Shaker’s other shaped mixing cups that include a double
vortex-shaped agitator that moves vertically along a rigid axis are substantially the same, and the
58. On information and belief, Perfect Shaker’s copying of the TRIMR trade dress
was intentional; Perfect Shaker intended to create portable mixer bottles confusingly similar in
appearance to the TRIMR; and Perfect Shaker has succeeded in producing portable mixer
59. The Perfect Shaker Slim and double vortex-shaped agitator are strikingly similar,
60. Perfect Shaker’s acts of trade dress infringement have caused injury to Trimr.
61. Trimr may recover for its damages an award to compensate Trimr for injuries and
damages it has sustained as a result of Perfect Shaker’s conduct, which violates § 43(a) of the
Lanham Act.
62. Because Perfect Shaker’s acts were intentional, willful, and/or deliberate, Trimr is
63. Trimr is entitled to an award of pre-judgment interest for the damages sustained
and/or incredible conduct makes this an exceptional case entitling Trimr to an award of
10
Case 2:18-cv-00364-EJF Document 2 Filed 05/03/18 Page 11 of 13
65. Trimr has no adequate remedy at law; Trimr has suffered, and continues to suffer,
irreparable harm as a result of Perfect Shaker’s acts, and is, therefore, entitled to preliminary and
A. The Court preliminarily and permanently enjoin, in the U.S., Perfect Shaker, its
officers, directors, principals, agents, servants, employees, successors and assigns, and all others
aiding, abetting, or acting in concert or active participation therewith, from making, using,
importing, selling, or offering for sale, or otherwise distributing any product that infringes the
B. The Court enter judgment against Perfect Shaker for direct infringement of the
C. The Court enter judgment against Perfect Shaker for trade dress infringement;
D. The Court order that Perfect Shaker account to Trimr for all sales, revenues, and
profits derived from the sale or other distribution of the SHAKERS and any similar infringing
product, and that Perfect Shaker pay to Trimr all compensatory damages to which Trimr is
entitled by law, including, without limitation, lost profits, reasonable royalties, price erosion
E. The Court award Trimr up to three times the damages found pursuant to 35
U.S.C. § 284;
11
Case 2:18-cv-00364-EJF Document 2 Filed 05/03/18 Page 12 of 13
F. The Court award Trimr against Perfect Shaker, the costs and reasonable attorney’s
fees and expenses incurred in this action pursuant to 35 U.S.C. § 285 and the equitable powers of
this Court;
G. The Court award Trimr pre-judgment interest against Perfect Shaker on all sums
H. The Court award Trimr such further relief as the Court may deem appropriate.
JURY DEMANDED
Trimr demands that all claims and causes of action raised in this Complaint be tried to a
jury to the fullest extent possible under the Utah and United States Constitution.
Respectfully submitted,
Plaintiff’s address:
12
Case 2:18-cv-00364-EJF Document 2 Filed 05/03/18 Page 13 of 13
INDEX OF EXHIBITS
G - Advertisements.
10894765_1
13
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 1 of 23
EXHIBIT “A”
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 2 of 23
Illlll llllllll Ill lllll lllll US009839888B2
lllll lllll lllll lllll lllll lllll llllll llll llll llll
(54) SHAKEABLE CONTAINER WITH AGITATOR (2013.01): BOJE 311271 (2013.01); BOIE
1110082 (2013.01); BOIE 151005J2 (2013.01) ;
(71) Applicant: TRIMR, LLC, Murray, VT (US) B65D 4 710857 (2013.01); 801 F 221510022
(2013.01)
(72) Inventors: Kasey Kershaw, Holladay, UT (US); (58) Field of C lassification Search
Gary Moore, Salt Lake City, UT (US); CPC .. .. . . . .. . .. . ... .. . .. . .. . .. . .. . .. .. . . . ... ... ... .. . . 801 F 13/0022
Travis Winn, Murray, UT (US) USPC ................. 366/129, 130, 247, 308; 220/705,
2201707- 708
(73) Assign<--e: TRIMJ~, LLC, Draper, UT (US) See application file for complete search history.
( *) Notice: Subject to any disclaimer, the term of this (56) References Cited
pateut is extended or adjusted under 35
U .S.C. l 54(b) by 0 days. U.S. PATENT DOCUMENTS
1,201 ,284 A * 10/ 1916 Gilchrist ................. A47J43/27
(21) Appl. No.: 15/349,177 220/568
2,484,391 A * 10/ 1949 Treiss. Jr. A47J 43/27
(22) Filed: Nov. 11, 2016 141/297
2,613,107 A 10/ 1952 Hartnett
(65) Prior Publication Data 2,766,022 A J0/ 1956 Bender
0181 ,143 S I 0/ I 9 57 Gu ndelfinger
US 2017/0056850 Al Mar. 2, 2017 (Continued)
Related U.S. Application Data FOREIGN PATENT DOCUMENTS
(63) Continuation of application No. 13/ 662,169, filed on
Oct. 26, 2012.
CN 101227850 712008
CN 101 801250 8/2010
(60) Provisional application No. 61 /552,308, filed on Oct. (Continued)
27, 2011.
OTHER PUBLICATIONS
(51) Int. C l.
BOJE 13100 (2006.01) U.S. Appl. No. 291525,829, filed May 4, 20 15. Winn.
BOJF 11101) (2006.01) (Continued)
BOLF 15100 (2006.01)
BOJE 3108 (2006.01) Primary Examiner - Abbas Rashid
BOJE 3112 (2006.01 ) (74) Allomey, Agent, or Firm - Workman Nydegger
A47G 19122 (2006.01)
A47G 21118 (2006.01) (57) AllSTRACT
8650 4 7108 (2006.01) A hand-held shakeable container that includes au agitator
(52) U.S. C l. co1mected lo a straw tbat is used for the mixing of powder
CPC ...... BOJE 1310022 (2013.01): A47G J9/22 72 and liquid, or differing viscosity liquids.
(2013.01 ); A47G 2Jl18 (2013.01); BOJE 3108
(2013.0 1); BOJF 31088 (20 13.01) ; 80/F 3112 10 Claims, 15 Drawing Sheets
24
10
'--30
12
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 3 of 23
US 9,839,888 B2
Page 2
(56) References C ited 2005!0263006 Al"' 1212005 Saha ...................... A47G 19/ 16
991275
U.S. PATENT DOCUMENTS 2006!0180593 Al 8/2006 White
2006/0226110 Al I0/2006 Choi
2,922,628 A • 1/ 1960 Koc ...................... A47J 43/105 2006/0237489 Al 1012006 De Latauladc
366/ 129 2006/0250887 Al"' 1112006 Vernon ................... A47J 43/10
3,136,532 A 6/ 1964 Rudnick 366/ 130
3.315,405 A 4/ 1967 Hoffer 2007/0211562 Al* 9/2007 Pitsis ................... A47G 21/ 181
4,134,494 A 1/ 1979 Wong 366/ 129
4,408,690 A 10/ 1983 Ferrero 2008/0080299 Al"' 4/2008 Taktunah ............... A47G 21/ 18
4,472,063 A 911984 Eickelmann 366/ 129
4,737,036 A * 4/J988 Ol:lennann ........... A23G 3/0221 2008/0128529 Al 612008 Fernandez
3661130 2008/0187628 Al 8/2008 Champion et al.
4,911,315 A 3/ 1990 Shnun 2008/0259723 Al 10/2008 Rhodes
4,930,652 A 6/ 1990 Murphy 2009/0026218 Al l/2009 Wong
5,065,909 A 11/1991 Pino 2010/0 127005 Al 5/20 l 0 Sanbrook
5,249,702 A 10/ 1993 Topp 20 10/0170902 Al 712010 Britlo
5,337,918 A 8/1994 Wang 20 10/0 181329 Al 7/2010 Davies
5.393,258 A 2/ 1995 Ka1tennan 2010/0302897 Al 12/2010 George
5,46 1,968 A 1011995 Po1t111an 2010/0308046 Al 12/2010 Serra
5.509,605 A 4/ 1996 Cripe 2011/0026360 Al 212011 Greller
5,718,681 A 2/ 1998 Manning 201110058447 Al 3/2011 Reif
5,873,478 A 211999 Sullivan 201 1/0058448 Al 31201 l Reif
5.908,126 A 611999 Wang 201.1/0059216 Al'" 3/20 I l Taktunah A47G21/ 18
5,915,600 A 611999 Bitton 426/519
5,939,122 A 811999 Brady 2012/0301579 A l 11120 12 Lee et al.
D413,480 s 911999 .loergenen 20 1210325835 Al 12120 12 Merino
6,109,538 A 812000 Villani et al . 2013/0010568 Al 1120 13 Bodum
0447,693 s 9/2001 Warner 2013/0087571 Al 4/2013 Yao
6,403,137 Bl 6/2002 Fn1tin 2013/0126527 Al 5/2013 Chiu
6.482,451 Bl 11/2002 Baron 2013/0201783 Al 8/2013 Stewart
6.523,711 Bl 2/2003 Hughes 2013/0295232 Al ll/2013 Baron
6,609,624 B2 812003 Goro 2013/0319915 A l 12120 13 Gellibolian et al.
6,783,0 19 B2 812004 Zettle 2014/0J 19154 Al 5/2014 Kershaw
D510,678 s 1012005 Krasne 2014/0124393 Al 5/2014 Anson el al.
0547,607 s 7/2007 Forsman 2015/0307265 Al 10/2015 Winn
0557,978 s 1212007 Bod tun
0559.034 s 1/2008 Bod tun FOREJGN PATENT DOCUMENTS
D57J,6 10 s 612008 Bod um
7,44 1,941 B2* 1012008 Vernon A47J 43/ 10 JP 2009/528094 8/2009
366/ 130 JP 2006-256622 9/2016
7,533,783 B2 5/2009 Choi TW 2008135456 9/2008
D61l,764 s 3/2010 Wahl WO 2008/055296 5/2008
D626,838 s 11/2010 Meyers WO 2010/050647 5/2010
7,849,785 BI • 1212010 Saha ................... . A47.I 19/005 WO 2013/063535 5/2013
100/ 122
D642,434 s 8/20 J I Sc ho field
D653,081 s 1/2012 George OTHER PUBLICATIONS
0655,967 s 3/2012 Bodum
0656,280 s 3/2012 St. Clair U.S. Appl. No. 14/695.351, filed Apr. 24. 2015, Winn
0656,787 s 4/2012 Philips "Salute-24 oz. Tritan Bol11e-Flip Straw Lid," Found Online Ocl. 27,
8, 182,683 B I 5/20 12 Allen 2016 at waterbottles.com, Page dated Oct. 10, 2014. Retrieved from
8,191,727 B2 612012 Davies
8,230,777 B2 7/20 12 Anson el al. http://web.archive.org/we/2014101006131 O/http:f/waterbottlcs.
0665,222 s 812012 Ccrasani com/salute-24-oz-tritan-bottle-flip-sl·raw-lid.
8,318,011 B2 11/2012 O'Brien et al. "Bes! Water Bottles EVER by Conligol" Found online Oct. 25,
8.334,003 B2 12/2012 Barnn 2016 at charlottesmartypants.com. Page dated Aug. 29, 2014.
0675,110 s 112013 Myers Retrieved from http://charlottesmartypants.com/2014/08/smarty-
D676,278 s 2120 13 Wong back -to-schoo lg iveaway -th e-besl -water -bottles-
D676,280 s 212013 Wong eve r -bycontigo/ .
8,376, 173 B2 2/20 13 Brillo
8,414,180 Bl 4/2013 Mattingly "Tcrvis Tumbler 24 oz. Water Bottle Review". Found online Nov.
0682,034 s 5/2013 El-Saden 9, 20 16 al Lhe-gadgeteer.com. Page dated Apr. 8, 2012. Retrieved
8.439,205 Bl 5/2013 Nohren, Jr. from http://the-gadgeteer.com/20 I 2/04/08/tervis-tumbler-24oz-wa-
8,464,633 B2 6120 13 Anson el al. ter-bottle-review/.
8,469,226 B2 6/20 13 Davies "Contigo Tranquil Bottle, 20 oz." Found online Oct. 25. 2016 at
D685,606 s 712013 Keys amazon.com. Page dated Feb. 12, 2014. Retrieved from hltps:I/
D687,259 s 8120 13 Hauser www.amazon.com/Contigo-Tranqu il-Botlle-20-0unce-Blush/dp/
8.505,783 B2 812013 Gill BOO 1 R77 J5W.
0700,807 s 3/2014 Kershaw Burns, Chris. "One Keepable Cap, Lois Less Bottles." Yanko
0704,986 s 5/2014 Maines Design, Jun. 22, 2010. Web. Accessed May 5, 20J 5. <ht1p://www.
D705,499 s .. 5120 14 Zamanipa .... ... ... ..... D30/ I 24 yankodesign .com/20 l 0/06/22/one-keepable-cap-1 ots-1ess-bottlesl>.
8,822,209 B2 9/2014 Oldenburg
D729,569 s 5120 15 Herbsl "Camclback Groove." Camclback Products, LLC, n.d. Web.
0745,827 s 1212015 Sorensen Accessed Apr. 11, 2014. <http://www.camelbak.com/Sports-Recre-
0767,328 s 9/2016 Boroski ation!GrooveLanding/Main.aspx>.
200210040909 A I 4/2002 Goto Gay. Andy. "Cirkul Bottle: Flavor on the Fly." Kickstarter. lnc.,
2002/0048215 Al 4!2002 McGill Nov. 23, 2014. Web. Accessed Jan. 8, 2015. <htlps://wi.vw.
2004/0069783 A I 4/2004 Chen kicksrarler.com/projects/cirlrnl/cirkul-your-drink-your-way>.
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 4 of 23
US 9,839,888 B2
Page 3
OTHER PUBLICATIONS
"LiveWell Enhancement Tablets." LiveWell Water LLC, n.d. Web.
Accessed May 5. 2015. <hltps://www.livewellwater.com/wp/prod-
ucts/livewel l-supplements?>.
"LiveWell Fresh Filter." LiveWell Water LLC. n.d. Web. Accessed
May 5, 2015. <https:l/www.livewellwater.com/wp/producis/
livewell-filler?>.
LiveWell HealU1y Hydration System- Feaillring Innovative Flow-
Through Technology. LiveWell Water LLC, n.d. Web. Accessed
May 5, 20 15. <htrps://www.livewellwater.com>.
PCT International Search Report and Wrillen Opinion ofU1e Inter-
national Searching Authority for PCT/US15/27457, dated Jul. 14,
2015, 13 pages.
''The LiveWell EnJ1ancement Chamber." LiveWell Waler LLC, n.d.
Web. Accessed May 5, 20 15. <https://wwvv.livewellwater.com/wp/
products/livewell-supplement-chamber?>.
'·TmMarine Collagen SJP." Un istraw, n.d. Web. Accessed Jan. I,
2015. <ht tp:/A"IW\v.unistraw.com/#!collagen-sip/cllh m>.
U.S. Appl. No. 29/525,829. Apr. 14, 2017, Office Action.
U.S. Appl. No. 29/578,774, :filed Sep. 23, 2016, Winn.
U.S. Appl. No. 29/581,484, filed Oct. 19, 2016, Winn.
U.S. Appl. No. 13/662,169. Jan. 14, 2015, Office Action.
U.S. Appl. No. 13/662,169, Oct. 5, 2015, Final Office Action.
U.S. Appl. No. 13/662,169, Feb. 23, 2016, Office Action.
U.S. Appl. No. 13/662,169, Jul. 28, 2016, Final Office Action.
U.S. Appl. No. 13/662,169, Oct. 17, 2016, Notice of Allowance.
U.S. Appl. No. 29/435,733, Oct. 26, 2012, Notice of Allowance.
* cited by examiner
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 5 of 23
60
16
10 ~-i-uJI -12 10
20 25
FIG. 1 FIG. 2
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 6 of 23
50
10
12
15
FIG. 3
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 7 of 23
61 61
I
I I
I
I
I
I
10
25
FIG.4 FIG . 5
16
50
FIG. 6 FIG. 7
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 8 of 23
FIG. 8
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 9 of 23
16
52
60
FIG.9A FIG. 98
FIG. 10
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 10 of 23
50
10
l1,1_L.. - - -
J)j
_ \ ! _ ! ....
FIG. 11 FIG . 12
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 11 of 23
,,
1
~
I
I I
II
I
I
10
I.
1 \
FIG. 13 FIG.14
54
16
58 FIG.15 FIG.16
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 12 of 23
\
f 26 I ; II
16 36
•
;- --;
I
I
14 __.,} '-30 -' -12
12
34i §
FIG.17
'---14
~14
i }32
t J \'-~ 18
FIG. 18A
12
12
18
FIG. 188
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 13 of 23
50
52
16
FIG. 19
16
FIG. 20
56
FIG. 21
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 14 of 23
38~
40~
42~
44~
64~
FIG. 22
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 15 of 23
16
12
14
II
FIG. 23
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 16 of 23
17
14
II
FIG. 24
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 17 of 23
17
14
FIG. 25
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 18 of 23
DODOO
0000000
DDDDODDD
DDDMDDD
DDDWDDD
DDDDDDDD
DDDDDD
DODD
FIG. 26
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 19 of 23
54
58
FIG. 27
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 20 of 23
US 9,839,888 B2
1 2
SBAKEABLE CONTAfNE:R WITB AGITATOR Some embodimenlS include a system of using a straw and
agitator in conjunction with each other. In certain embodi-
PRIORITY STATEMENT ments, the straw is affixed to the lid of the shakeable
container and has a flanged base. In some embodiments, an
·n1e present appl ication is a continuation of U.S. appli- agitator is connected to the straw. TlliS keeps tbe agitator as
cation Ser. No. 13/662, 169 filed Oct. 26. 2012 entitled part of a larger piece and lowers the number of independent
"Shakeable Contai11er with Agitator" which claims priority parts. A conunon problem with a free and loose agitator is
to U.S. Provisional Application No. 61/552,308 filed Oct. the propensity for them to fall through dishwasher trays into
27, 2011 , entitled "Shakeable Container with Agitator." the cleaning mechanisms, and their propensity to be lost.
Each of the above are herein incorporated by reference in 10 In various embodiments, the shape and makeup of the
their entirety. agitator may vary greatly (see FIG. 22 for a partial display
of potential agitator shapes ai1d configurations). The agitator
BACKGROUND OF THE INVENTION
may be built of plastic, metal, or any other material. Jn
certain embodiments, the design of the agitator apparatus is
Field of the Invention 15
that of an hourglass shape, constructed of a metal wire coiled
"Ibis present disclosure relates to an agitator used for the
mixing of powder and liquid, or differing viscosity liquids, in a manner to create this shape. In some embodiments, the
within a fully enclosed hand-held shakeable container. constmction of the metal coil creates several points of close
Background and Related Art contact witb the straw to prevent biudiug, but is loose
TI1ere is a basic need 10 mix a liquid and powder, or to mix 20 enough that it will flow freely when shaking the container to
differing viscosities and/or density liquids. In some cases an mix the contents.
agitator is used to more greatly homogenize a product prior In certain embodiments, the agitator moves freely up and
to use, as in aerosol paint (typically a sealed aluminum or down the straw to aid in creating a homogeneous mixture of
metal container with a non-removable agitator that is dis- tbe contents. Some embodiments feature a coiled design of
carded after use).111ere is also a conuuon and recurring need 25 the agitator that creates a spring effect that magnifies the
for the mixing of products for edible consumption. Such inertia caused when shaking the container and works to
consumable products in need of mix111re include baby for- lessen the effort needed and lower the time required to fully
mulas, nutritional aud dietary supplements, powdered and niix the contents of the container. TI1e straw may be con-
liquid l'lavored drink mixes, pancake batters, medicinal stmcted of any material that will keep it rigid euough lo
products, etc. Powdert-'CI and/or ditlering density liquids are 30 allow the free movement of the agitator along the length of
difficult to mix into a smooth and homogenous suspension. the straw. In some embodiments, the agitator moves along
Without the use of an agitator as the catalyst to fully mix the the entire length of the straw. In other embodiments, the
ingredients, there is a co1mn<m problem of clumping pow- agitator moves along less than the entire length of the straw.
ders and suspended and non-mixed ingredients. in some embodiments, the main body of the straw is to be
35 linear and straight. In other embodiments, the main body of
SUMMARY OF THE INVENTION the straw is not straight but allows the agitator to move along
the length of the straw in response to the shaking of the
·n1e present disclosure relates to an agitator used for the container.
mixing of powder and liquid, or differing viscosity liquids, In certain embodiments, the straw is affixed tightly to the
within a fully enclosed hand-held shakeable container. 40 container's lid creating a water/airtight seal. In some
Implementation of the present device takes place in asso- embodiments, this seal can be created by a pressed fit
ciation with a shakeable container that includes, in some co1rnection. In other embodiments. this seal can be created
ernbodiments, a straw, agitator and lid. The ingredients by a threaded fit connection. 1n some ernbodiments, the
requiring mixture are enclosed in the shakeable container. In bollom portion of the straw has a l'langed end. ln certain
some embodiments, the container is shaken in an up and 45 embodiments, the flange serves as a base for the agitator to
down manner, causing the agitator to move up and down the "spring" or "bounce" off of when the bottle is shaken, and
affixed straw, bumping o'fr the bottom of the lid and the also serves to keep the agitator from falling o'frthe straw and
tlange at the bollom of the straw, increasing inertia from the becoming a loose and independent piece. ln some embodi-
springing motion to more rapidly and fully mix the contents ments, the flange touches the base of the container. In other
with less effort. There are many alternative shapes and sizes so embodiments, the flange does not touch the bottom of the
of the lid, container and straw, other than those expressly container.
disclosed herein. ln addition, the length of the straw may ln some embodiments, the straw is made of plastic. ln
vary to accommodate the si7..e of the container it is affixed to. certain embodiments, the lid is constmcted ofa compliment-
While the methods and processes disclosed herein have ing plastic material and, together, the lid and straw fonction
proven to be particularly usefol in the area of mixing liquid 55 to create a water and air tight seal. In some embodiments the
and powder, or to mix. di:ffereut viscosities ru1d/or density straw and lid can be separated. However in otber embodi-
liquids, those skilled iu the art can appreciate that the ments, the straw and lid form one. unitary part.
methods and processes can be used in a variety of different Jn some embodiments, the construction of the lid is such
applications and in a variety of dillerent areas of manufac- that is has a common flip up apparatus that serves to seal the
ture to yield a mixed product. Certain embodiments may 60 contents within the bottle when closed. or allow access to the
involve the mixing of tbe following list: powdered drirlks, contents of the bottle through sucking or pouring when open.
electrolyte pills, energy drinks, baby fonmrla, pancake bat- ln certain embodiments, when the straw attachment of the
ter, crepes, baking materials, salsa, sauces (hollandaise, lid is closed, it works as a common valve to block access to
gravy, etc.), oil and vinegar, salad dressings, smoothies, the contents of the battle and allows agitation without
juices, coffee and crean1er/ flavorings, alcohol mixed drinks, 65 spilling. In some embodiments, when the straw is in an open
medical-related substances (pills, laxatives, fiber drirlks, position, the coutents of the shakeable container can be
etc.), and non-edibles (paint, household cleaners, etc.). sucked from the bottle. In certain embodiments, a common
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 21 of 23
us 9,839,888 82
3 4
silicone grommet is used 10 create a water and airtight seal FIG. 17 illustrates a cut-away view or a representative
10 prevent any spillage or decrease in sucking efficiency straw and agitator:
during consumption. FIG. 18a illustrates a representative agitator together with
Some embodiments include a second opening on the lid. a detachable straw and lid:
In certain embodiments, this second opening is larger than 5 FIG. 18b illustrates a close up perspective view of the
the opening or hollow portion of the straw. Jn some embodi- bollom or straw and flange:
ments, this second opening is covered or closed b a conunon FIG. 18c illustrates a cut away view of the shakeable
flip up top, or chug cap, that creates a water and air tight seal container:
when closed. bm allows for a "chug" or more rapid con- FIG. 19 illustrates an exemplary embodiment or the lid
10
sump tion of the contents of the bonle when open. with the flip-up straw in a closed position:
In some embodiments. the lid/straw combination is
FIG. 20 illustrates an exemplary embodiment of the lid
a ffixed 10 Lhe bottle through a compression fit or threads, and
with the llip-up straw in an open position:
uti lizes a s ilicone washer to create a water and airtight seal
FIG. 21 illustrates an exemplary embodiment of the lid
with the base o r the bottle.
15 with a S'-'COnd opening and a chug cap;
These and other fean1res and advantages of the present
FIG. 22 illustrates various exa mples of agitators;
invention will be set forth or wil l become more folly
apparent in the description that follows. 'foe features and FIGS. 23 and 24 show selective portions of shakeable
adva ntages may also be realized and obtained by means o f container;
the instnamcnts and combin ations particularly pointed out in 20 FIG. 25 shows examples of various shapes of grids; and
the description that fo llows. Furthermore, the frat11Ces and FIG. 26 shows a mesh screen through which the straw
advamages of the invention may be learned by the practice nms.
of the invention or will be obvious from the description. as FIG. 27 shows a perspective view of the shakeable
set forth hcreinaficr. container.
25
BRIEF DESCRJPTJON OF THE DRAWINGS
DEl:l\ILED DESCRIPTION OF THE
INVENTION
In order that the manner in which the above recited and
other features and advantages of the present invention arc
obtained. a more particular description of the invention will 30 FIG. 1 shows an exemplary shakeable container 10
be rendered by reference to specific embodiments thereof, according to at least one embodiment. In some embodi-
which are illustrated in the appended drawings. Understand- mems shakeable container 10 includes a straw U , agitator
14. and lid J 6. In ccnain embodiments, the straw 1 2 includes
ing that the drawings depict only typical embodiments of the
a flange 18 located on a boll om port ion 20 of the straw 12
present invention and arc not, therefore, to be considered as
35 and a threaded ponion 22 (not shown) located on a top
limiting the scope of the invention, the present invention will
portion 24 of the straw .12 .
be described and explai ned with additional specificity and
detail through the use of the accompanying drawings in In some embodiments, the agitator 14 is that of an
hourglass shape, cons tructed of a metal wire coiled in a
which:
manner 10 create this shape. In cenain embodimcots, the
FJGS. 1 and 2 illustrate a representative shakeable con- 40 agitator 14 creates several po ints o r contact with straw 12
taincr with an agitator and straw;
creating a coiu1ecti on with the straw 12 that allows the
FIG. 3 illustrates a pcrSp(.'Ctive view o r a representative
agitator 14 to move freely up and down straw 12 when the
shakeable container with an agitator and straw; shakeable conta iner 10 is shaken. In some embodiments,
FJGS. 4 and 5 illustrate a representative shakeable con- flange 18 is in contact with a base 25 of shakeable container
tainer with an agitator and straw: 45 10. In other embodiments, llange 18 does not contact the
FIG. 6 illustrates a top view of a representative lid: base 25 of shakeable container 10.
171G. 7 illustrates a bottom view o f the base;
FIG. 1 also shows a view of the shakeable container 10,
171G. 8 illustrates a perspective view o f a representative where the shakeable container 10 has a flip-up straw 50 in
shakeable container wit h an agi tator a nd straw: closed position. In addi tion, FIG. 1 shows lid cover 60 in
FIG. 9a is a top view of an embodiment of the lid with a 50 closed position.
flip-up straw in closed position and the lid cover:
FIG. 2 shows an exemplary shakeable container 10 from
FIG. 9b is a side view of an embodiment of the lid that the reverse side of FIG. 1. In particular. FIG. 2 shows lid 16
shows the flip-up straw in closed position and the lid cover: from the opposite view as is shown in FIG. 1. In this view.
FIG. JO shows the lid cover when removed from the lid the flip-up straw 50 is not viewable because it is in closed
55
and the second opening and flip-up straw in ihe closed position.
position:
FIG. 3 shows an exemplary shakeable container 10 in a
FJG. 11 illustrates a front view of the shakeable container perspective view. From this view, the agitator 14 is shown in
where the flip-up straw is in open position; an hour-glass shape where the separation of wires 15 of
FIG. 12 illustrates a back view of the shakeable container 60 agi tator 14 can be seen before they have been compressed.
where the flip-up straw is in open position; In this embodimen t, the agi tator 14 is positioned toward the
FJGS. 13 and 14 illustrate a side view of the shakea ble bottom of the straw 12. FIG. 3 also shows nip-up straw 50
container where lid cover is in open position and where in closed position and lid cover 60 in closed position. Jn this
flip-up straw is also in open position; em bodiment of lid cover 60, lid cover 60 has a lip 61. In
FIG. 15 shows the lid in open positiou; 65 some embodiments, lid 61 serves as a handle or gripping
FIG. 16 illustrates the underside of the base and the device on which a user can place his or her band to assist in
topside of the lid when in open position; opening the lid cover 60.
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 22 of 23
US 9,839,888 B2
5 6
FIG. 4 shows shakeable container 10 from a side view PIG. 18a shows various embodiments of agitator 14 as it
where lip 61 of lid cover 60 is on the left side of shakeable moves up and down straw 12 because shakeable container
container 10. This embodiment also shows that flange 18 10 has been shaken. For example, in this embodiment, FIG.
does not contact the base 2S of shakeable container 10. 18a shows agitator 14 in a compressed position 32 as
Similarly, FIG. S shows the reverse side of shakeable agi tator 14 is positioned near the bottom of straw 12 and
container l 0 where lip 61 of lid cover 60 is on the right side near flange 18. ln this embodiment, the flared shape of fla nge
of shakeable container 10. 18 :ftmctions as a base for the agitator 14 to spring or botmce
FIG. 6 is atop view of an embodiment of the lid 60 that off of when shakeable container 10 is shaken, and also
shows the fl ip-up straw SO in closed position and lid cover serves to keep the agitator from falling off the straw and
60 in a closed position. 10 becoming a loose and independent piece.
FIG. 7 shows a bottom view of an embodiment of the PIG. 18a also shows agitator 14 in an expanded position
shakeable container 10 that shows the bottom view of base 34. In certain embodiments, when agitator 14 reaches the top
25. of straw 12 near to or touching the lid 16, agitator 14 goes
FJG. 8 shows an embodiment of shakeable container 10 into compressed position 32.
from a bottom perspective view. Prom this view, one can see 15 P'I G. J8a also shows that iu various emb<>diments straw
the bottom side of base 25 as well as the bottom side of 12 is affixed to lid 16 creating a watertight and airtight seal.
agitator 14 where space between wires lS can be seen. In In certain embodiments, this seal is created by a pressed fit
addition, FIG. 8 shows the underside of lid 16 where the connection. In other embodiments, this seal between the
underside of sec<>nd openi ng S6 can also be seen including straw 12 and lid 16 is created by a threaded fit connection.
the bottom side of chug cap S8 when chug cap S8 is inserted 20 ln some embodiments, straw 12 is comJected to lid 16 via the
into the second opening and where lid cover 60 is in closed straw-connector 36.
position. In addition, FIG. 8 shows the underside of flip-up In some embodiments, the straw 12 may be constnicted of
straw SO in closed position. In this embodi111ent, the content, any material that is rigid enough to bold its shape under the
whet her it is liquid or otherwise, of shakeable container 10 strain of shaking the shakeable container 10, easily cleanable
is secure and allows a user I<> freely and aggressively shake 25 and dishwasher safe. aud hygieuic enough to be used with
the exemplary shakeable container 10 without spilling the ingestibles. ln certain embodiments, the straw 12 is made of
contents. plastic.
FJG. 9a is a top view of an embodiment of the lid 16 that Jn some embodiments, straw 12 and lid 16 can be sepa-
shows the fl ip-up straw SO in closed position and lid cover rated, as is shown FIG. 18a. Jn other embodiments, straw 12
60. FIG. 9b is a side view of an embodiment of the lid 16 that 30 and lid 16 form a singular part of shakeable container 10 and
shows the flip-up straw 50 in closed position and lid cover cannot be separated.
60. FIG. 18b shows a close up perspective view of the bottom
FJG. JO is an embodiment that shows lid cover 60 when of straw 12 and flange 18.
removed from lid 16. FIG. 10 also shows second opening S6 FIG. 18c shows a cut away view of the shakeable con-
and flip-up straw 50 in closed position. 35 tainer 10 that shows straw 12 with a ring 19 shown near the
FIG. 11 shows a front view of shakeable container 10 base of straw 12. In some embodiments, ring 19 ftmctions to
where flip-up straw 50 is in open position and where lid help keep the agitator 14 from falling off the end of the straw
cover 60 is n<>I attached. FIG. 12 shows the reverse side as 12. PIG. 18c also shows an embodiment where straw 12 and
is shown in FIG. 11 where flip-up straw SO is also in open ring 19 do not touch the base 25 of the shakeable container
position. 40 10.
FIG. 13 shows a side view of shakeable container 10 FIG. 19 shows an exemplary embodiment of lid 16 with
where lid cover 60 is in open position and where nip-up the flip-up straw 50 that includes a holl<>w portion S2 and
straw SO is also in open position. From this view, chug cap shows flip-up straw SO in a closed position. 111e contents of
S8 can be seen. FIG. 14 shows the reverse view from FIG. the shakeable container 10 are sealed within the shakeable
13 and similarly shows flip-up straw 50 in open position and 45 container 10 when the flip-up straw 50 is in closed position.
lid cover 60 in open position, as well as chug cap S8. When closed, the flip-up straw 50 of the lid 16 works as a
PIG. 1S shows lid 16 in open position. FIG. lS also shows common valve to block access to the contents of the shake-
the top view of second opening S6 and the bottom view of able container 10 and allows agitation without spilling.
chug cap 58. In addition, FIG. 15 shows flip-up straw 50 in FIG. 20 shows an exemplary embodiment of lid 16 that
open position and inner straw channel S4. FIG. 16 shows the so shows the flip-up straw 50 in an open position. In this
underside of base 25 and it shows the topside oflid cover 60, embodiment, hollow portion S2 is aligned with an inner
where lid cover 60 is in open position. straw channel 54, allowing fluid to flow through the inner
FJG. 17 shows an embodirnent of the agitator 14 in the straw cbanuel S4 and hollow portion S2. In some embodi-
context of a cutaway view of straw 12 where agitator 14 has ments, a user may access the contents of the shakeable
a first contact point 26. a second contact point 28 and a third 55 container 10 through sucking when the flip-up straw SO is ire
contact point 30 with straw 12. ln certain embodiments, the an open position.
three contact p<>ints allow the agitator to be coiled closely FIG. 21 shows an embodiment that includes a second
around the circumference of the straw 12 without being opening 56 aud a chug cap S8. Wl1en secured in the second
tightly affixed to the straw 12. This design shown in FIG. 17 opening 56, the chug cap 58 creates a water tight and airtight
serves to keep the agitator 14 from binding on the straw 12, 60 seal. When the chug cap 58 is removed from the second
but allows it to move freely up and down the straw 12 to aid opening S6, the user can drink from the shakeable container
in creating a homogeneous mixture ()f the contents. In l 0 by accessing the contents through the second opening S6.
addition, the coiled design of the agitator 14, as is shown in In some embodiments, the chug cap 58 is physically con-
FIG. 17 creates a spring effect that magnifies the inertia nected to the lid 16 even when in an open position. In certain
created when shaking the shakeable container 10 and works 65 embodiments. chug cap 58 can be opened via a flip-up top.
to lesseu the effort nt--eded and lower the time required to Jn other embodiments, the chug cap 58 is completely remov-
folly mix the contents of the shakeable container 10. able from the lid 16.
Case 2:18-cv-00364-EJF Document 2-1 Filed 05/03/18 Page 23 of 23
us 9,839,888 82
7 8
FIG. 22 shows examples of agitators 14 used in various Wliat is claimed is:
embodiments. For example, FIG. 22 shows three examples J . A shakeable beverage bottle comprising:
of agitators shaped in an hourglass configuration as agitators a container having a closed bottom:
38. 40 and 48. Other shapes include: an oval-shaped agitator a lid rcmovably connectable to the container:
42. where the equatorial diameter is greater than the polar 5 a substantially vertical member entirely disposed within
diameter: triangular-shaped agitator 44: the inverse-hour the container, the substantially vertical member having
glass agitator 46: substantiaUy rectangular-shaped agitator a top end and a bottom end. the top end extending
62. and continuous loop agitator 64. FlG. 22 also shows a downward from the lid and the bonom end having a
cut-away view of continuous loop agitator 64. flange thereon; and
FIG. 23 shows selecti ve portions of shakeable container 10 a n agi tator connected to the substantially vertical member,
10 . In pa rtic ul ar. FIG. 23 shows lid 16 in closed position, whe.rei n the agitator is connected to the substantially
straw 12 and agitator 14. In this embodiment, aoitator J4 as vertical member a t three contact points. including a first
in t~c ea rlier embodiments may move along sub~antiaUy the contact point at or near a top of the agitator. a second
~ntire lengtb ~f straw alternatively, agitator 14 may remain comacl po int at a mid-section of the agitator, and a third
111 a f'lx<..'CI pos1l1on relative to straw 12. Where agitator 14 15 conta~t po int at or near a bottom of the agitator,
rema ins in a fixed position, the coutems of shakeable con- wherein the agitator consists o f a coiled wire wherein
tainer I 0 moves through the grids 17 of agitator 14 when a there is no contact between the agitator and' the sub-
user shakes shakeable container 10. stantially vertical member except at the first, secood,
FIG. 24 shows an alternative embodiment of agitator 14 and third contact poiots.
where grids l 7 are slanted. 20 2. The shakeable beverage bottle of claim 1. wherein the
FIG. 25 shows examples of various shapes of grids 17 that substantially verti cal member is rcmovably connected to the
arc a lso effective in mixing the contents of shakeable con- lid.
ta iner 10. 3 . The shakeab le beverage bottle of claim 1, wherein the
FIG. 26 is an embodiment that shows a mesh screen 66 bollom end of tbe substantially vertical member is not
through which straw 12 runs. In this embodiment, mesh 25 opcrably connected to a bottom portion of the container.
screen 66 is shaped as a grid. I lowever, in other embodi- 4 . TI1e shakeable beverage bottle of claim 1. wherein the
ments, mc:ih screen 66 may be shaped in any other shape or substantially vertical member serves as a substantial vertical
configuration. FIG. 9 also shows lid 16 in an open position. axial member about which the agitator is disposed. so that
FIG. 27 shows a perspective view of shakeable container the substantially vertical member marks a vertical axis of the
l ? where lid 16 is in open position. In this view. not only is 30 agitator.
flip-up straw 50 shown in open position but also lid cover 60 5. The shakeable beverage bottle of claim 1. wherein the
is shown in open position. FIG. 27 also shows second agitator is movable longitudinally along the substantia lly
opening 56. where chug cap 58 is not inserted into second vertical member.
opening 56. If the nip-up straw 50 were closed, one could 6. The shakeable beverage bottle of claim 1. wherein the
access the conten t o f shakeable container 1 Oby drinking out 35 agi tator is compressible from top to bottom.
o f the second opeuing 56. 1f lid cover 60 were in closed 7. The shakeable beverage bottle of claim 1 further
position, a user could access the contents of shakeable comprising an opening in the lid from which a t;ser may
container 10 by drinking out o f nip-up straw SO because ~ri~ contents of the container. wherein the opening in the
fluid would be able to exit shakeable container 10 by lid, 1s ~oven..~ by a flip-up top. and wherein the opening is
traveling out inner slraw channel 54. 40 on-axis relative to the substantially vertical member.
Thus, as discussed herein, the embodiments of the present 8. The shakeable beverage bottle of claim 1, wherein the
in vention embrace a shakeable container that includes. in agitator consists or a coiled metal wire.
some embodiments, a slraw, agitator and lid. 9. The shakeable beverage bottle of claim 1, wherein the
Tiie p~esent invention may be embodied iu other specific agitator is a continuous loop.
forms without departing from its spirit or essential c harac- 45 10. The shakeable beverage bottle of claim 1, wherein the
tcristics. The described embodiments are to be considered in substan tially vertical member is a straw.
a ll respects only as iUustrative and not restrictive. • • • • •
Case 2:18-cv-00364-EJF Document 2-2 Filed 05/03/18 Page 1 of 3
EXHIBIT “B”
Case 2:18-cv-00364-EJF Document 2-2 Filed 05/03/18 Page 2 of 3
Case 2:18-cv-00364-EJF Document 2-2 Filed 05/03/18 Page 3 of 3
$12.00~
Sea rt your journey with the Duo Classic shake r bottle. Our patented
straw ecosystem makes it easy to sip or chug your daily protein
supplements.
COLOR
Mint
ADD TO CART
RELATED ITEMS
Case 2:18-cv-00364-EJF Document 2-3 Filed 05/03/18 Page 1 of 4
EXHIBIT “C”
Case 2:18-cv-00364-EJF Document 2-3 Filed 05/03/18 Page 2 of 4
Trimr. 230 South 500 West #205, Salt Lake City, UT 84101
Phone 949.370.0237 :: Fax 949.335.9045 :: info@killgeneric.com
Case 2:18-cv-00364-EJF Document 2-3 Filed 05/03/18 Page 3 of 4
8. Each party agrees that all of its obligations undertaken herein shall
survive and continue after any termination of this Agreement.
Trimr. 230 South 500 West #205, Salt Lake City, UT 84101
Phone 949.370.0237 :: Fax 949.335.9045 :: info@killgeneric.com
Case 2:18-cv-00364-EJF Document 2-3 Filed 05/03/18 Page 4 of 4
11. This Agreement shall be governed by the laws of the State of Utah.
Either party may terminate this Agreement at any time by providing written notice
to the other party.
12. This Agreement shall be binding upon and shall inure to the benefit of
the heirs, assigns and successors-in-interest of each party hereto.
Client Trimr.
Trimr. 230 South 500 West #205, Salt Lake City, UT 84101
Phone 949.370.0237 :: Fax 949.335.9045 :: info@killgeneric.com
Case 2:18-cv-00364-EJF Document 2-4 Filed 05/03/18 Page 1 of 2
EXHIBIT “D”
2 of 2 I LOGIN I
Case 2:18-cv-00364-EJF Document 2-4 Filed 05/03/18 PageRECISTER ~ 0 ltems(a)/St.00 CON
IJlll
Leak-Free Guarantee! •
PERFECT
S H A K E R
Shaker Bottles Private Labelling Contact Us Ambassadors
PerfectShaker
Slim, 600ml
• Stay-open ftip cap
• Extra wide moulh
• Patented Magic ball mixer inStde
· Screw on lid. wilhoul rubber seal ard leak free!
• Easy to use, easy to clean, dishwa&her sale
• light weight and portable
• Fits in most drink holders
• Mix, pour, store AU in U1t! sc:trnt! WJl.i:llrltn
Colour Turg~oise
EXHIBIT “E”
Case 2:18-cv-00364-EJF Document 2-5 Filed 05/03/18 Page 2 of 3
Darren Thompson
President
Perfect Shakers
9925 60 Ave.
Edmonton, AB T6E0C7
CANADA
We are counsel to Trimr LLC (“Trimr”) in various legal matters. We have recently been
made aware that Perfect Shakers has been manufacturing and selling shaker bottles that are near
copies of the shaker bottles marketed and sold by Trimr. This letter is intended to inform you of
Trimr’s legal rights and appropriate remedies.
As you are aware, in May 2013 Perfect Shakers and Trimr executed a Mutual General
Nondisclosure Agreement (“NDA”) in order to explore a potential purchase of Trimr by Perfect
Shakers. In reliance upon protections conveyed under the NDA, Trimr thereafter disclosed to
Perfect Shakers a large quantity of information that was and is confidential and proprietary to
Trimr, including customer lists, business plans, marketing proposals, manufacturing contacts,
product design, and financial information. Notwithstanding Perfect Shakers agreement in the
NDA to “treat all information exchanged as proprietary and confidential,” it is apparent that
Perfect Shakers has converted the proprietary and confidential information of Trimr for its own
use.
It cannot be disputed that Perfect Shakers copied the Trimr design, including but not
limited to, the interior design of Trimr’s shaker bottle, with a double vortex-shaped piston-like
agitator that moves vertically along a rigid axis. Further, it is evident that Perfect Shakers
illicitly used for its own benefit Trimr’s business plans, manufacturing information, financial
information, and customer lists. Indeed, Perfect Shakers has specifically targeted the very
customers which were disclosed under the NDA. Finally, Perfect Shakers has completely copied
the marketing strategies of Trimr, including but not limited to, marketing at trade shows by
removing the top of the bottle and shaking the bottle so that the agitator makes a distinctive noise
as it travels the length of the rigid axis. Perfect Shakers’ copying of Trimr’s marketing strategies
has resulted in actual confusion among the consuming public at the Golds Gym Show in June
2016, in Dallas, Texas, among others. Adding insult to injury, Perfect Shakers’ lower prices
Case 2:18-cv-00364-EJF Document 2-5 Filed 05/03/18 Page 3 of 3
Darren Thompson
Perfect Shakers
April 17, 2018
Page 2
---------------------------------------------
have diverted sales from Trimr to Perfect Shakers. Pursuant to Section 11 of the NDA, Trimr
intends to enforce its rights in the Utah courts.
Perfect Shakers’ violations of the NDA entitle Trimr to a number of remedies. First,
Perfect Shakers’ actions constitute breach of contract, and have resulted in irreparable harm to
Trimr, entitling Trimr to seek compensatory and punitive damages under Utah law.
Second, Perfect Shakers’ violations of the NDA constitute trade secret misappropriation
under the Utah Uniform Trade Secrets Act, Utah Code § 13–24–1, et al (“UTSA”). It cannot be
disputed that the information disclosed to Perfect Shakers by Trimr constitutes trade secrets of
Trimr. Violation of the UTSA entitles Trimr to seek, and Trimr will seek, injunctive relief,
actual damages, a reasonable royalty attributed to all Perfect Shakers’ sales during the 5 year
term of the NDA, and Trimr’s reasonable attorneys’ fees. Further, because Perfect Shakers’
violations were willful and malicious, the court may double the monetary damages award to
Trimr.
Third, Perfect Shakers’ actions constitute Federal Unfair Competition in violation of the
Lanham Act § 43(a), 15 U.S.C. § 1125(a). Pursuant to Section 35 of the Lanham Act (15 U.S.C.
§ 1117), the Perfect Shakers’ acts of unfair competition entitles Trimr to potentially recover: (1)
the profits Perfect Shakers has derived from sales of shaker bottles during the 5 year term of the
NDA; (2) any damages sustained by Trimr during the 5 year term of the NDA; and (3) the costs
of any action brought against Perfect Shakers. Moreover, if the unfair competition is deemed to
be willful, Trimr may be entitled to an award of three (3) times such profits or damages,
whichever is greater, together with reasonable attorneys’ fees. (See Section 35(b) Lanham Act,
15 U.S.C. § 1117(b).)
Finally, Trimr has filed multiple patent applications for protection of its shaker bottle
design. Trimr intends to take every measure to protect its patent rights once these patents issue.
Sincerely,
WORKM AN │NYDEGGER
A P ROFESSIONAL CORPORATION
MATTHEW A. BARLOW
Case 2:18-cv-00364-EJF Document 2-6 Filed 05/03/18 Page 1 of 3
EXHIBIT “F”
Case 2:18-cv-00364-EJF Document 2-6 Filed 05/03/18 Page 2 of 3
~ {TOEL
201 S. Main Street, Suite 1100
Salt Lake City, UT 84111
T. 801.328.3131
~ RIVES LLP F. 801.578.6999
www.stoel.com
T IMOTHY K. CONDE
D. 801.578.6908
tirnothy.conde@stoel.com
VIA EMAIL
Da1Ten Thompson
Perfect Shakers, Inc.
darren@perfectshaker.com
Re: TRIMR
We represent TRIMR, LLC, ("TRIMR"). As you know, Perfect Shakers, Inc. aka PerfectShaker,
("PerfectShaker") approached TRIMR in 2013 regarding a potential purchase ofTRlMR by
Perfect Shakers. During the negotiations between TRIMR and PerfectShaker, the parties entered
into a nondisclosure agreement (the "Agreement") to ensure that PerfectShakes would maintain
as confidential TRIMR's confidential and proprietary information. Pe1fectShaker also agreed
that all proprietary information TRIMR shared would remain TRIMR' s property and that
PerfectShaker would return it upon the conclusion of the negotiations.
Immediately after the negotiations ended without a purchase, PerfectShaker began to sell
products that copy TRIMR's proprietary agitator as well as TRIMR's bottle designs.
PerfectShaker's sudden competition with TRIMR was enabled because of the proprietary
information TRIMR provided to PerfectShaker. PerfectShaker's use of that information to
compete against TRIMR violates the Agreement as well as the implied covenant of good faith
and fair dealing that adhered to the Agreement under Utah law. We also continue to investigate
whether PerfectShaker's products infringe TRIMR' s patents and trade dress.
In addition to breaching the Agreement, PerfectShaker recently hired Natalie Lish, one of
TRIMR's former employees, knowing she is bound by a non-compete agreement with TRIMR.
And we suspect that discovery will reveal that Ms. Lish has provided PerfectShaker with
TRIMR's trade secrets, confidential information, or other proprietary details ofTRIMR's
operations. Perfect Shaker's conduct constitutes tortious interferenc.e with the non-compete
agreement between Ms. Lish and TRIMR.
900942751 0046467-00002
Case 2:18-cv-00364-EJF Document 2-6 Filed 05/03/18 Page 3 of 3
Darren Thompson
December 29, 2016
Page2
I understand that you have been in contact with TRIMR's Chief Executive Officer, Travis Winn,
and wish to obtain a business solution to these disputes. TRIMR is willing to consider such a
solution and would prefer to resolve the disputes without the expense of litigation. If you still
desire to reach a business solution and avoid litigation, please respond w ith a proposal by no
later than January 20, 2017.
9()094275.1 0046467-00002
Case 2:18-cv-00364-EJF Document 2-7 Filed 05/03/18 Page 1 of 4
EXHIBIT “G”
Case 2:18-cv-00364-EJF Document 2-7 Filed 05/03/18 Page 2 of 4
Case 2:18-cv-00364-EJF Document 2-7 Filed 05/03/18 Page 3 of 4
HOME I WWE COLLECTION I ULTIMATE WARRIOR WWE COLLECTION LEGENDS SERIES #5 PREVIOUS I NEXT
Collections: all, Best Sellmg Products, Legends Series, Newest Products, WWE
Coflection
QTY
+ ADD TD CART
HOME I GI JOE ORIGINAL SERJES I G.I. JOE (BLACK) G.I. JOE COLLECTION ORIGINAL SERIES ;;1 NEXT
Collections all, Best Se!Ung Products. GI JOE Collection. GI JOE Original Serles,
Justice League, Newest Products
QTY
+ ADO TO CART
USD ~
Case 2:18-cv-00364-EJF Document 2-8 Filed 05/03/18 Page 1 of 1
JS44 (Rev. 11/15) CIVIL COVER SHEET
The JS 44 civ il 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 requtred for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (S/iE INSTRUCTIONS ON Nl:XTPAGE OF 1HIS FORM.)
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(I:XCHPTIN U S. l'l.A/N11FF('ASl:°S) (IN U. S. Pl.A/NT/fl: C'ASHS ONLY)
NOTE: IN LAND CONDEM NATION CAS ES , USE THE LOCATION OF
TH E TRACT OF LAND INVOLVED.
( C) Attorneys (Firm Name, Address, and Telephone Numher) Attorneys (If Known)
Romaine C. Marshall/Engels J. Tejeda/Karina Sargsian
HOLLAND & HART LLP, 222 S. Main Street, Su ite 2200, Salt Lake City,
Utah, 8410 1, Telephone: (801) 799-5800
II. BASIS OF JURISDICTION (!'lace an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box/or Plaintiff
(For Diversity Cases Only) and One Box for Defendant}
0 1 U.S. Govemmcnt ~3 Federal Question PTF DEF PTF DEF
Plaintiff (U. .\'. Government Not a Party) Citizen of This State ~ I 0 I Inc0tvorated or Principal Place 0 4 0 4
of Business In This State
0 2 U.S. Government 0 4 Diversity Citizen of Another State 0 2 0 2 Incorporated and Principal Place 0 5 0 5
Defendant (Indicate Citizenship of Parties in !rem 111) of Business In Another State