Caraway Home v. Pattern Brands - Second Amended Complaint

Case 1:20-cv-10469-VM Document 34 Filed 05/11/21 Page 1 of 55
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK
CARAWAY HOME, INC. )

Plaintiff, ) CIVIL ACTION NO.: 1:20-cv-10469
)
v. )
)
PATTERN BRANDS, INC. )
D/B/A EQUAL PARTS, MORENSTEIN )
CRONAN, LLC D/B/A BRANCH )
CREATIVE, DORIS DEV LLC, and )
DOE COMPANY. ) JURY TRIAL DEMANDED
)
Defendants. )
SECOND AMENDED COMPLAINT
Plaintiff Caraway Home, Inc. (“Caraway” or “Plaintiff”), by and through its
attorneys, hereby alleges for its Second Amended Complaint against Pattern Brands, Inc.
d/b/a Equal Parts (“Equal Parts”), Morenstein Cronan, LLC d/b/a Branch Creative
(“Branch”) Doris Dev LLC (“Doris”), and Doe Company (“Doe”) (Equal Parts, Branch,
Doris, and Doe collectively referred to as “Defendants”) on personal knowledge as to its
own activities and on information and belief as to all other matters, as follows:
NATURE OF THE ACTION
1. This is an action for patent infringement, trade dress infringement, unfair
competition, false designation of origin, trade dress dilution, common law trade dress
infringement, common law unfair competition, federal trademark infringement, as well as
related claims under the statutory and common law of the State of New York.
2. Plaintiff has revolutionized the manufacture of designer cookware. What
was once a humble kitchen utensil has been turned into a masterpiece, blurring the lines
between art and cookware, and achieving Caraway’s original mission to create distinctive
cookware in the design. Caraway’s modern, sleekly designed cookware has received
accolades from major media publications, bloggers, social media influencers and even
Oprah Winfrey. Equal Parts on the other hand, was a middling cookware company, and
was struggling to stay afloat. Caraway’s plaudits were not merely on paper – the market
rewarded Caraway with unprecedented sales and success, resulting in one of the most
successful product introductions for modern brands, with revenue growth at an
unprecedented rate. Caraway has marketed itself based upon its design uniqueness,
allowing profitability to be achieved in less than a year. In what was clearly an attempt to
benefit from Caraway’s distinctive trade dress and design, Equal Parts sought out ways to
improve its image and aesthetic, identified Caraway as the gold standard of design and
success, and began a campaign to rebrand and redesign its product to echo Caraway’s
aesthetic, and has been infringing Plaintiff’s trade dress and trademarks ever since.
3. Plaintiff has thus been forced to file this action to vindicate its rights.
PARTIES
4. Plaintiff is a Delaware corporation with a place of business at 147 W. 26th
Street Floor 4, New York, New York 10001. Plaintiff designs, manufactures and sells
cookware and related items.
5. Upon information and belief, Defendant Equal Parts is a Delaware
corporation with a principal place of business at 138 East Broadway, 2nd Floor, New York,
New York 10002.
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6. Upon information and belief, Defendant Branch is a California limited
liability company with a principal place of business at 582 6th Street, San Francisco,
California 94103.
7. Upon information and belief, Defendant Doris is a Delaware corporation
with a principal place of business at 63 Flushing Avenue, Building 280, Suite 223,
Brooklyn Navy Yard, Brooklyn, New York 11205.
8. Upon information and belief, Defendant Doe is a manufacturer of Equal
Parts’ pots and pans with a principal place of business in the People’s Republic of China.
The true identity of Doe Company is currently unknown to Plaintiff.
JURISDICTION AND VENUE
9. This action arises under the Patent Laws of the United States, 35 U.S.C. §
100 et seq., the Trademark Laws of the United States, 15 U.S.C. § 1051 et seq. (the
“Lanham Act”) as well as the laws of the State of New York.
10. Subject matter jurisdiction over the claims is conferred upon this Court by
15 U.S.C. § 1121 (Lanham Act), 28 U.S.C. § 1331 (federal question jurisdiction), 28
U.S.C. § 1367 (supplemental jurisdiction), and 28 U.S.C. § 1338(a) (patent jurisdiction).
11. This Court has personal jurisdiction over Defendant Equal Parts because,
upon information and belief, Defendant Equal Parts maintains its principal place of
business within this state and this District, maintains continuous and systematic contacts
within the state, derives substantial revenue from the state, and has committed acts giving
rise to this action within New York and within this District.
12. This Court has personal jurisdiction over Defendant Branch because, upon
information and belief, Defendant Branch maintains continuous and systematic contacts
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within the state, derives substantial revenue from the state, and has committed acts giving
rise to this action within New York and within this District, including directing its business
relationship with Defendant Equal Parts to this state and this District.
13. This Court has personal jurisdiction over Defendant Doris because, upon
information and belief, Defendant Doris maintains its principal place of business within
this state and this District, maintains continuous and systematic contacts within the state,
derives substantial revenue from the state, and has committed acts giving rise to this action
within New York and within this District, including directing its business relationship with
Defendant Equal Parts to this state and this District.
14. The exercise of personal jurisdiction comports with Defendants’ right to
due process, because they have purposefully availed themselves of the privilege of
conducting activities within the Southern District of New York, such that they should
reasonably anticipate being hailed into court here.
15. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) and (c),
and 28 U.S.C. § 1400, at least because Plaintiff resides within this District.
PLAINTIFF’S BRAND RECOGNITION
16. Plaintiff has quickly become one of the most well-known, admired and
respected companies in direct-to-consumer sales as a whole, and has become the face of a
new generation of cookware. Over five hundred (500) mainstream news articles have
discussed Caraway since November 2019.
17. Media coverage for Caraway’s cookware has been overpowering, with
well-known and respected media outlets highlighting its quality, design, and above-all its
unique aesthetic. Good Housekeeping ranked Caraway’s cookware set the most stylish
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ceramic cookware set of 2020 that “come in an array of eye-catching earthy
colors…designed to be displayed” and “these pots and pans will surely make a statement
atop your stove…the slim lid with flat handles are pretty.” See Exhibit A. Food & Wine
stated in an article titled “These Are the Prettiest Nonstick Pots and Pans I’ve Ever Cooked
With” that Caraway’s products are unique in “how stylish it is. Seriously, the pots and
pans are so cute they actually make me want to cook more. Unlike most pots and pans,
these pretty pieces come in a variety of Instagram-worthy colors.” See Exhibit B. Hunker
raves about the uniqueness and beauty of Caraway’s design, stating “have you ever seen
a more beautiful set?…not only does it come in a unique hue, but the handles are also
super sleek.” See Exhibit C. Spruce Eats ranked Caraway as the best designed cookware
in 2020, stating “Caraway probably has the most visually appealing cookware out
there…If we had to judge on design alone, we were pretty much sold right away.” See
Exhibit D. Departures wrote about Caraway’s “cult following,” Travel and Leisure stated
that Caraway has become a “household name,” Apartment Therapy has talked about
Caraway’s “loyal fanbase,” and Real Simple wrote about a new color Caraway launched
“based on the popularity of Caraway…they’re bound to sell quickly.”
18. Oprah Winfrey recently put Caraway’s cookware on her “Entertaining O
List,” a nationally-followed, highly coveted, monthly curated list of only a handful of
items that “we think are just great.” Oprah emphasized that Caraway’s “fabulously
sophisticated colors . . . mean they are gorgeous.” See Exhibit E.
19. Popsugar’s article entitled “I Tried the Internet-Famous Caraway
Cookware Set, and I Can Confirm It’s Worth the Hype” enthuses “[d]id I mention how
pretty this cookware is? I feel comfortable leaving it out on the stove because of its
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Instagram-worthy design.” See Exhibit F. Heavy agreed with these sentiments in their
review of Caraway cookware and noting the recognition Caraway has achieved: “If you’ve
been paying attention to your social media feeds, you’ve probably seen these colorful
cookware sets all over the place. Starting with the obvious and most immediately
noticeable differentiator…they come in a variety of colorful options…each colorway has
a bold look and will add a nice color pop to your kitchen.”
20. HuffPost emphasized that they could not get enough of Caraway’s
cookware. See Exhibit G (“we picked out the prettiest pastel cookware we could find on
the internet”). Daily Beast echoed this, adding that Caraway’s cookware is “a statement
piece to say the least…they are poppy yet well-designed, and you have the choice of six
[colors], which might just be the most difficult decision you’ve made in a while. See
Exhibit H.
21. Reviewed.com compares Caraway cookware to the beauty of an Apple
iPhone: “Caraway gives you an immediate high-quality impression, much like the one you
get when you open a new iPhone. The pieces themselves are heavyweight, sleek, attractive
with beautiful gleaming stainless-steel handles.” While renowned interior designer Kelly
Wearstler stated that Caraway is “a true game changer, and the pieces come coated in
stylish color options.”
22. According to Refinery29, “Sexy and cookware aren't terms we're apt to
pair, but a new brand [Caraway] just seamlessly melded the two together in a majorly
accessible way…The ceramic goods are available in five separate color options that aren’t
commonly seen across the current cookware scene…making kitchen clutter look like chic
décor.” See Exhibit I.
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23. Caraway has achieved Inc.’s “Best In Business” Award for 2020 as one of
only three companies in the Consumer Products category, alongside Allbirds and Bombas.
24. Caraway was able to achieve such recognition, despite receiving
significantly less funding than Defendant, and due completely to its jaw-dropping and
unique aesthetic and design. Indeed, Caraway’s website sessions have now grown to over
seven (7) million sessions since November 2019, with close to one hundred and seventy
(170) million impressions on social media.
25. According to Google Trends, “Caraway Cookware” is searched more than
popular household brands like “Le Creuset Cookware” & “Williams Sonoma Cookware,”
and almost equal in number of searches to “Rachael Ray Cookware” and fifty (50) year
old brand “All Clad Cookware.” While “Caraway Cookware” is searched 40,500 times
per month, competitors such as Defendant are less than 5% of that, at 1,300 times per
month. The monthly searches for “Caraway Cookware” are greater than entire categories
of cookware, such as “non stick cookware” and “ceramic cookware” as well as
“cookware” itself. Caraway cookware was the #1 selling Cookware Set on Google
Shopping in 2020.
26. Caraway cookware has over thirteen thousand (13,000) 5-star reviews
within the last year, making it one of the most highly reviewed cookware sets on the
internet.
27. Caraway sells in nationally known and recognized retailers including
Target, Bloomingdales, West Elm, Crate and Barrel, Indigo, ABC Home, Goop, Food52,
Zola and others.
PLAINTIFF’S TRADE DRESS
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28. Plaintiff’s unique design is made up of distinctive, non-functional aesthetic
features that together comprise Plaintiff’s unique cookware design. Through continued
use and extensive media coverage, a sampling of which is set forth above, Plaintiff’s
Caraway cookware designs have become well-known indicators of the origin and quality
of Caraway’s cookware products.
29. Caraway offers for sale its Cookware Set (and individual cookware pieces),
as shown below:
FIG. 1 - Cookware Set
30. The Cookware Set and individual cookware pieces are currently made up
of various components, including a Fry Pan, Sauce Pan, Sauté Pan, and Dutch Oven, each
with their own unique design features, as set forth below.
31. Caraway has enjoyed significant sales of its Cookware Set (and individual
cookware pieces) throughout the United States, and in New York state. Though its sales
are confidential, Caraway’s growth rate, and absolute revenue, rival those of the most
successful direct-to-consumer brands in their early years, including Casper, Warby Parker,
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Away Luggage, Hims+Hers, and Allbirds. Caraway has invested significantly in the
design, development, manufacture, and marketing of its Cookware.
32. Caraway’s Cookware Sets (and individual cookware pieces) incorporate
numerous distinctive and non-functional features that identify, to consumers, that the
Cookware and its components are made by Caraway. As a result of at least its continuous
and exclusive use of these designs, as well as its marketing, advertising, sales and media
coverage, Caraway has acquired secondary meaning in its designs, and also owns trade
dress rights in the designs and appearance of its Cookware Sets (and individual cookware
pieces), which consumers have known to be uniquely associated with Caraway.
33. FIGS. 2-3, below, illustrate a Caraway Fry Pan (the “Fry Pan”), FIGS. 4-5
illustrate the Caraway Sauté Pan (the “Sauté Pan”) and FIG. 6 illustrates the Caraway
Sauce Pan (the “Sauce Pan”) (collectively, the “Caraway Pans”). Caraway has trade dress
rights in the overall look and appearance in the Caraway Pans, including, but not limited
to, the visual flow of the handle; the curves, tapers and lines in the Caraway Pans; the
design, style and visual appearance of these curves (including the flattened curve of the
lid shown on FIG, 4), tapers and lines in the Caraway Pans; the visual connection and
relationship between the curves, tapers and lines in the Caraway Pans; the style, design
and appearance of design aspects of the Caraway Pans handle; the design and appearance
of the deep bowl-shape with high sidewalls of the Fry Pan interior; the design and
appearance of the glossy finish exterior of the Caraway Pans; the design and appearance
of the gloss finish throughout the Caraway Pans, including on the handles, interior, and
exterior; and the design, appearance and lines of the Fry Pan shiny stainless steel handle.
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FIG. 2 – Caraway Fry Pan
FIG. 3 – Caraway Fry Pan
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FIG. 4- Caraway Sauté Pan
FIG. 5- Caraway Sauté Pan
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FIG. 6 - Caraway Sauce Pan
34. Caraway further has trade dress rights in the overall look and appearance
of the Caraway Pans handle and its U-shaped, wide-stance space attaching the handle to
the rounded pan; the visual appearance of the curves, tapers and lines associated therewith;
the design, style, visual appearances, curves, tapers and lines of the open space formed
between the edge of the handle at its center, and the pan; the design, style, visual
appearances, curves, tapers and lines of the two attachment portions of the handle to the
pan; the design, style, visual appearances, curves, tapers and lines of the flattened top side
of the handle; the design, style, visual appearances, curves, tapers and lines of the rounded
underside of the handle; the design, style, visual appearances, curves, tapers and lines of
the handle being thinner at the end closer to the pan, and thicker farther from the pan; and
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the design, style, visual appearances, gloss, shiny stainless steel, curves, tapers and lines
of the thick distal hole formed at the distal end of the handle.
of the Caraway Pans lid, and in particular its flattened, disc-shape, to provide for a more
aesthetically pleasing look distinct than glass and stainless steel. This feature is shown
below in FIGS. 7-8.
FIG. 7
of the disc-shaped flat lid; and the visual appearance of the curves, tapers and lines
associated therewith.
37. Caraway further has trade dress rights in the overall look, design and
appearance, of its cream colored cookware, shown below in FIG. 8.
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FIG. 8
38. Caraway further has trade dress rights in the overall look, design and
appearance, of its navy blue colored cookware, shown below in FIG. 9.
FIG. 9
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DEFENDANTS’ INFRINGING ACTIVITIES
39. Upon information and belief, Pattern Brands launched in 2019 as a spinout
from design agency Gin Lane - the agency that designed the branding for some of the
fastest growing modern brands like Sweetgreen, Harrys, Hims, Warby Parker, Quip, Smile
Direct Club, Everlane, and many more. After transitioning their design agency to a multi-
brand portfolio company, Defendant launched their first brand on September 17, 2019 –
the EQUAL PARTS brand.
40. It is well-known that Equal Parts failed to meet the growth expectations of
their founders, investors and the general market. Upon information and belief, Equal Parts,
at launch, focused on selling low priced all-black colored cookware with flash style
photography, and its positioning focused on a text-a-chef service as its main value
proposition (see images below).
41. Upon information and belief, shortly after launch, it became evident to
Pattern Brands that Equal Parts the brand was a failure - as noted in the Harvard Business
School Study (the “Study”) in Exhibit J. In the Study, Equal Parts acknowledged their
poor launch, and the contrast with Caraway’s successful launch and praise for their unique
design and colors.
42. Upon information and belief, on September 29, 2020, Equal Parts
completely abandoned their old branding and product design and re-launched Equal Parts
with a new aesthetic that was intentionally representative of Caraway's design - glossy
colored cookware with shiny stainless steel handles, cream and navy in their color palette,
flat lid shapes, similarly shaped frypan, saucepan, and saute pan handles (including a U-
shaped connector and tapering), and similar photography and marketing materials. In
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doing so, Defendant was attempting to survive and capture a portion of market share that
was being dominated by Caraway. Daily Beast clearly felt the same way when reviewing
Equal Parts’ newly redesigned product, stating “I found Equal Parts to be almost identical
to Caraway.” See Exhibit H.
43. Equal Parts has purposefully advertised, promoted, manufactured,
imported, offered for sale, sold, distributed, and continues to advertise, promote,
manufacture, import, offer for sale, sell and distribute cookware that violates Caraway’s
rights, including the rights protected by Caraway’s trade dress.
44. Equal Parts’ infringing products are confusingly similar imitations of
Caraway’s cookware, and are offered in substantially the same form. Equal Parts’ actions
have been without the authorization of Caraway.
45. Shown below in FIGS. 10-16 are examples of Equal Parts’ plainly
infringing products. As a result of Equal Parts’ activities related to its infringing products,
there is a strong likelihood of confusion between Equal Parts and its products on the one
hand, and Caraway and its products on the other.
46. FIG. 10 illustrates a comparison of various products from Equal Parts and
Caraway, illustrating the extent of infringement. The views are as follows: (i) Equal Parts
prior to their re-launch to utilize Caraway’s trade dress; (ii) Caraway’s unique design; and
(iii) and Equal Parts after re-launch, utilizing Caraway’s trade dress.
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Equal Parts (prior to Caraway Equal Parts (post relaunch)

relaunch)
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FIG. 11A
FIG. 11B
FIG. 12A
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FIG. 12B
FIG. 13
19
FIG. 14
FIG. 15
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FIG. 16
47. In particular, Equal Parts utilizes Caraway’s trade dress related to its
Caraway handles, its navy blue and cream colors, light interior color, and its unique lid
designs.
48. Caraway used its trade dress extensively and continuously before Equal
Parts began advertising, promoting, selling, offering for to sell, manufacturing, importing,
or distributing its infringing products. This extensive use caused Defendant to identify
Caraway cookware as its motivation in rebranding and relaunching. Moreover, Caraway’s
trade dress has become famous and acquired secondary meaning in the United States in
general, and New York in particular, before Equal Parts commenced its unlawful use.
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Consumers associate the above-identified trade dress with Caraway and understand that
such products are made by Caraway.
49. Defendant Branch is Equal Parts’ industrial designer and designed the
infringing products sold by Equal Parts.
50. Defendant Doris is an engineering, sourcing, and manufacturing firm, and
engineers, sources, and manufactures the infringing products sold by Equal Parts.
51. Defendant Doe is a manufacturer and manufactures the infringing products
sold by Equal Parts.
COUNT I:
TRADE DRESS INFRINGEMENT UNDER § 43(a) OF THE LANHAM ACT,
15 U.S.C. § 1125(a)
52. Plaintiff re-alleges and incorporates the allegations in each of the
paragraphs in this Complaint as if fully set forth herein.
53. Equal Parts’ advertisement, promotion, manufacture, import, offering for
sale, selling and distributing the infringing products violate § 43(a) of the Lanham Act, 15
U.S.C. § 1125(a), by infringing Caraway’s trade dress. Equal Parts’ use of Caraway’s
trade dress and/or colorable imitations thereof is likely to cause confusion, mistake, or
deception as to the affiliation, connection, and/or association of Equal Parts with Caraway
and as to the origin, sponsorship and/or approval of Equal Parts’ infringing products, at
least by creating the false and misleading impression that its infringing products are
manufactured by, authorized by or otherwise associated with Caraway.
54. The acts of defendants Branch, Doris, and Doe constitute contributory
trade dress infringement in violation of § 43(a) of the Lanham Act (15 U.S.C. § 1125(a)).
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55. Caraway’s trade dress is entitled to protection under the Lanham Act.
Caraway’s trade dress includes unique, distinctive, and non-functional designs. Caraway
has extensively and continuously promoted and used its trade dress in the United States.
Through that extensive and continuous use, Caraway’s trade dress has become a well-
known indicator of the origin and quality of Caraway’s cookware products, and has also
acquired substantial secondary meaning in the marketplace.
Caraway’s Lids
Precise Explanation of Lid Trade Dress
56. Caraway’s lids are formed in a flattened, disc-shape, to provide for a more
aesthetically pleasing look distinct from glass and stainless steel. This feature is shown
below.
Distinctiveness of the Lid Trade Dress
57. Caraway’s lids are distinctive due to their radical departure from
conventional lid designs. Conventional pot/pan lids, such as the one shown below, are
formed of stainless steel or glass, with a domed top. Caraway’s lid is formed of a unique
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material, aluminum, which is rarely found in conventional lids. Moreover, Caraway’s lids
are flat, whereas conventional lids are generally domed. This flatness causes a unique,
pancake/disc shape, with thickness, shown above. Conventional lids are domed to allow
condensation to slide off and to the side, not on the hand of a user. The flat lid shape is
quite distinctive. A search of Google for “flat lid pots and pans” returns only silicone pot
covers for temporary use, or stainless steel. No aluminum lids are found.
Non-Functionality of the Lid Trade Dress
58. Caraway’s trade dress, as embodied in its lids, is non-functional. Glass lids
are the preferred lids for pots and pans, in order to see the contents of the pot and pan (i.e.,
the food). Caraway’s lids do not offer that functionality. Glass also causes condensation
to roll off and slide down the lid, allowing hot steam and vapor to move off to the sides,
which is safer. Yet, Caraway’s lids, not being formed of glass, do not offer this functional
benefit.
59. Conventional lids are domed, to further enable condensation to roll to the
sides, preventing burning of a hand in the middle. Due to Caraway’s flat shape lids, this
advantage is not realized, and instead, Caraway’s flat shaped-lid must be handled with
additional care, due to the lack of this functional benefit.
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60. In some alternatives, conventional lids are formed of stainless steel. Here
too, they are generally domed. Such lids are often light-weight and thin, making them
easier to handle and more ergonomic.
61. Caraway’s lids are formed of aluminum, a much heavier and non-
ergonomic material. This gives the lids their unique, pancake/disc shape.
62. Stainless steel or glass lids are cheap and easy to make. On the other hand,
aluminum lids are expensive, requiring a paint or non stick coating on both sides. The
coating makes manufacturing more difficult, ultimately resulting in higher tooling and
manufacturing costs, without any functional benefit.
63. Caraway’s lids can be more dangerous to a novice cook, due to their heavy
nature, non-dome shape, and sharp edges. Moreover, the lids’ disc shape makes them less
than ideal for cooking since water runs into the food and drips on the counter. The
heaviness of the lid is of no functional benefit, instead making it more cumbersome to
remove and place the lid on a pan. Instead, the heaviness of the lid is solely for aesthetics.
The sharp edges are found on the Caraway lid, due to its disc shape. This results in more
dents, chips and wear and tear, requiring greater care than typical lids. Such functional
detriments are not found in conventional lids.
64. Caraway’s lids are therefore non-functional.
Side Handles
Precise Explanation of Side Handle Trade Dress
65. Caraway’s side handles are formed from cast steel, in a polished, shiny
finish with an elongated “U” design. This feature is shown below. This conforms with the
shiny, polished look of all metal on Caraway pots and pans.
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Distinctiveness of the Side Handle Trade Dress
66. Caraway’s U-shaped side handles are distinctive due to their radical
departure from existing handle designs. Conventional pot/pan handles are formed of either
plastic, such as nylon, or steel. Caraway’s side handles are formed using cast processing.
This results in a shinier, polished look, and also makes them more costly to manufacture.
Further, the handles become heavier, contrary to the common desire to decrease the weight
of pots and pans. The process of manufacturing the U-shape, and the polished look, via
the cast processing, not only results in a more difficult manufacturing process, but also
leads to increased manufacturing time and costs. Conventional steel handles are brushed.
However, Caraway’s steel handles are distinctly shiny and polished. Conventional steel
handles are not polished because polishing in expensive and must be performed manually,
adding to the cost and complexity of the manufacturing process.
67. Conventional side handles, such as those shown below, are either brushed,
matted or plastic. For the few that are shiny, they are not formed of such a heavy, thick
weighted-metal.
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Non-Functionality of the Side Handle Trade Dress
68. Caraway’s trade dress, as embodied in its side handles, is non-functional.
Cast steel handles often retain heat, making them non-ideal to grab and hold while being
used. Polished handles are not functionally efficient, and are often avoided and replaced
by brushed metal finishes. Brushed metal is cheaper and simpler to manufacture, requires
less labor, does not require skilled artisans, and does not show scratches or dents. Polished
handles, such as those used by Caraway, result in greater errors in manufacturing, higher
costs, retain and show fingerprints, dents and scratches, and require skilled artisans to hand
polish every handle with a polishing wheel. This results in a more complex supply chain,
and requires Caraway to manually train and teach its factories on manufacturing. Due to
the U-Shape, factories must also increase manufacturing time by requiring the handle to
be rotated to address the U-shaped crevices. Caraway’s U-shape requires a defined edge,
resulting in greater difficulty in manufacturing.
69. Caraway’s side handle further results in a gripping portion of the handle
that is closer to the pan body compared to traditional cookware. That is, due to the reduced
space between the pan body and handle, the handle itself gets hotter and retains more heat,
making it more difficult to grasp and avoid burns.
70.
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71. Caraway’s side handles are therefore non-functional.
Lid Handles
Precise Explanation of Lid Handle Trade Dress
72. Caraway’ lid handles are formed from cast steel, in a polished, shiny finish
with an elongated “U” design. This feature is shown below. This conforms with the shiny,
polished look of all metal on Caraway pots and pans.
Distinctiveness of the Lid Handle Trade Dress
73. Caraway’s lid handles are distinctive due to their radical departure from
existing handle designs. Conventional lid handles are formed of either plastic, such as
nylon, or steel. Caraway’s lid handles are formed using cast processing. This results in a
shinier, polished look, and also makes them more costly to manufacture. Further, the
handles become heavier, contrary to the common desire to decrease the weight of pots and
pans. The process of manufacturing the U-shape, and the polished look, via the cast
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processing, not only results in a more difficult manufacturing process, but also leads to
increased manufacturing time and costs.
74. Conventional lid handles, such as those shown below, are either matted or
plastic. For the few that are shiny, they are not formed of such a heavy, thick weighted-
metal as that used by Caraway.
Non-Functionality of the Lid Handle Trade Dress
75. Caraway’s trade dress, as embodied in its lid handles, is non-functional.
Cast steel lid handles often retain heat, making them non-ideal to grab and hold while
being used. Polished lid handles are not functionally efficient, and are often avoided and
replaced by brushed metal finishes. Brushed metal is cheaper and simpler to manufacture,
requires less labor, does not require skilled artisans, and does not show scratches or dents.
Polished lid handles, such as those used by Caraway, result in greater errors in
manufacturing, higher costs, retain and show fingerprints, dents and scratches, and require
skilled artisans to hand polish every lid handle with a polishing wheel. This results in a
more complex supply chain, and requires Caraway to manually train its factories on
manufacturing. Due to the U-Shape, factories must also increase manufacturing time by
requiring the lid handle to be rotated to address the U-shaped crevices. Caraway’s U-shape
requires a defined edge, resulting in greater difficulty in manufacturing.
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76. Caraway’s lid handle further results in a gripping portion of the handle that
is closer to the pan lid compared to traditional cookware. That is, due to the reduced space
between the pan lid and handle, the handle itself gets hotter and retains more heat, making
it more difficult to grasp and avoid burns.
77. Therefore, Caraway’s lid handle is not functional.
Elongated Side Handles
Precise Explanation of Elongated Side Handle Trade Dress
78. Caraway’ elongated side handles are formed from cast steel, in a polished,
shiny finish. The elongated side handle includes a flat top and curved bottom, which is
narrower closer to the pan body and gets wider as it moves toward the distal hole end, and
incorporates an elongated “U” design that does not sit flush against the pan. This feature
is shown below. This conforms with the shiny, polished look of all metal on Caraway pots
and pans.
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Distinctiveness of the Elongated Side Handle Trade Dress
79. Caraway’s elongated side handles are distinctive due to their radical
departure from existing elongated side handle designs. Conventional side handles are
formed of either plastic, such as nylon, or steel. Caraway’s elongated side handles are
formed using a cast processing. This results in a shinier, polished look, and also makes
them more costly to manufacture. Further, the elongated side handles become heavier,
contrary to the common desire to decrease the weight of pots and pans. The process of
manufacturing the U-shape, and the polished look, via the cast processing, not only results
in a more difficult manufacturing process, but also leads to increased manufacturing time
and costs, due to the need to hollow out the center of the elongated side handle and welding
together the handle before polishing.
80. Caraway’s elongated side handles are unique in their flat top and curved
underside. Conventional elongated side handles, such as those shown below, are either
matted or plastic. For the few that are shiny, they are not formed of such a heavy, thick
weighted-metal as that used by Caraway.
Non-Functionality of the Lid Handle Trade Dress
81. Caraway’s trade dress, as embodied in its elongated side handles, is non-
functional. Cast steel elongated side handles often retain heat, making them non-ideal to
grab and hold while being used. Polished elongated side handles are not functionally
efficient, and are often avoided and replaced by brushed metal finishes. Brushed metal is
cheaper and simpler to manufacture, requires less labor, does not require skilled artisans,
and does not show scratches or dents. Polished elongated side handles, such as those used
31
by Caraway, result in greater errors in manufacturing, higher costs, retain and show
fingerprints, dents and scratches, and require skilled artisans to hand polish every lid
handle with a polishing wheel. This results in a more complex supply chain, and requires
Caraway to manually train its factories on manufacturing. Due to the U-Shape, factories
must also increase manufacturing time by requiring the elongated side handle to be rotated
to address the U-shaped crevices and tapered shape. Caraway’s U-shape requires a defined
edge, resulting in greater difficulty in manufacturing.
82. Caraway’s elongated side handle further results in a gripping portion of the
handle that is closer to the pan compared to traditional cookware. That is, due to the
reduced space between the pan and handle, the handle itself gets hotter and retains more
heat, making it more difficult to grasp and avoid burns.
83. Therefore, Caraway’s elongated side handle is not functional.
Body Shape
Precise Explanation of Body Shape Trade Dress
84. Caraway’s pot and pan body shapes are formed of soft and curved edges at
the bottom edges of the pans, where the base rolls into the body walls. This results in a
smaller base plate, and causes a soft angle to form at the curve below the pan. Thus, the
walls of the Caraway pots and pans slope at a point closer to the center of the base, as
opposed to closer to the walls.
32
Distinctiveness of the Body Shape Trade Dress
85. Caraway’s body shapes are distinctive due to their radical departure from
existing cookware body shapes. Conventional pot and pan bodies, shown below, are
formed with a fully flat base, and attempt to maximize the diameter of the straight lined
base to extend as far as possible. This allows for a larger induction plate to be placed on
the bottom of the pans.
Non-Functionality of the Body Shape Trade Dress
86. Caraway’s trade dress, as embodied in its pot and pan body shape, is non-
functional. Conventional pots and pans include a longer and flatter surface, resulting in
more contact with the stovetop and therefore quicker cooking time. Additionally the
longer and flatter bottom surface of conventional pans allow for the ability to cook larger
33
single pieces of food. Caraway, on the other hand, utilizes smaller base plates in order to
create the soft angle, thereby resulting in a smaller cooking surface, smaller induction
plate and causes a large portion of the base to not be covered with a steel plate. Instead,
the Caraway pots and pans are covered by paint, which does not increase cooking
efficiency, and it may actually peel or scratch off.
87. Therefore, Caraway’s body shape is not functional.
Colors
Precise Explanation of Color Trade Dress
88. Caraway’s colors are formed in bright and cheery colors, including navy
and cream. More specifically, Caraway’s colors are deeply sophisticated hues with natural
desaturated undertones that are combined with a glossy finish. Conventional pots and pans
do not use such hues and certainly do not use natural desaturated undertones combined
with a glossy finish.
Distinctiveness of the Color Trade Dress
89. Caraway’s colors are distinctive due to their radical departure from existing
color design. Conventional pots and pans are formed in stainless steel, cast iron or black.
For colors that do exist, they tend to be darker, such as black, dark gray and other, due to
the lower risk of staining.
90. Color defines the Caraway brand. Caraway offers unique bold colors, such
as navy blue, and cream.
Non-Functionality of the Body Shape Trade Dress
91. Caraway’s trade dress, as embodied by its unique bold colors, is non-
functional. Conventional pots and pans are not formed in light and bright colors. In order
34
to increase the durability of cookware, most brands utilize hard-anodization, which
reduces scratches and dents. Brightly colored cookware increases the visibility of dents,
staining, and scratching.
92. Caraway’s colors are prone to a higher risk of showing dents and scratches,
and do not use hard anodization. Its cream color is often prone to discoloration, which
increases returns and defects, as well as scratching.
93. Therefore, Caraway’s colors are not functional.
94. Equal Parts’ use of Caraway’s trade dress has caused and, unless enjoined,
will continue to cause substantial and irreparable injury to Caraway for which Caraway
has no adequate remedy at law, including at least substantial and irreparable injury to the
goodwill and reputation for quality associated with Caraway’s trade dress with Caraway
and Caraway’s cookware products.
95. Upon information and belief, Equal Parts’ use of Caraway’s trade dress and
colorable imitations thereof has been intentional, willful, and malicious. Equal Parts bad
faith is evidenced at least by the similarity of its infringing products to Caraway’s trade
dress, as demonstrated in, for example, FIGS. 10-16 above, as well as Equal Parts’
admission, as noted in the Harvard Business School Case Study in Exhibit J, that Caraway
was the reason why Equal Parts rebranded, redesigned and changed its look, and by Equal
Parts’ continuing disregard for Caraway’s rights.
96. Caraway is entitled to injunctive relief, and Caraway is entitled to recover
at least Defendants’ profits, Caraway’s actual damages, enhanced damages, costs, and
reasonable attorney fees under at least 15 U.S.C. §§ 1125(a), 1116, and 1117.
35
COUNT II:
UNFAIR COMPETITION AND FALSE DESIGNATION OF ORIGIN UNDER § 43(a)
OF THE LANHAM ACT, 15 U.S.C. § 1125(a)
98. Equal Parts’ activities as described above constitute infringement of
Caraway’s trade dress, false designations of origin, and unfair competition, in violation of
15 U.S.C. § 1125(a).
99. The acts of defendants Branch, Doris, and Doe constitute contributory false
designations of origin, and unfair competition, in violation of Section 43(a) of the Lanham
Act (15 U.S.C. § 1125(a)).
100. Equal Parts’ acts of false designations of origin and unfair competition
have caused and, unless enjoined, will continue to cause substantial and irreparable injury
to Caraway for which Caraway has no adequate remedy at law, including at least
substantial and irreparable injury to the goodwill and reputation for quality associated with
Caraway’s trade dress with Caraway and Caraway’s cookware products.
101. Upon information and belief, Equal Parts’ false designations of origin and
unfair competition have been intentional, willful, and malicious. Equal Parts bad faith is
evidenced at least by the similarity of its infringing products to Caraway’s, as
demonstrated in, for example, FIGS. 10-16 above, as well as Equal Parts’ admission, as
well as Equal Parts’ admission, as noted in the Harvard Business School Case Study in
Exhibit J, that Caraway was the reason why Equal Parts rebranded, redesigned and
changed its look, and by Equal Parts’ continuing disregard for Caraway’s rights.
36
102. Caraway sent a letter to Equal Parts on November 19, 2020 demanding that
it stop infringing Caraway’s trade dress. However, Equal Parts defiantly persists in
continuing to infringe.
reasonable attorney fees under at least 15 U.S.C. §§ 1125(a), 1116, and 1117.
COUNT III:
COMMON LAW TRADE DRESS INFRINGEMENT
sale, selling and distributing the infringing products in direct competition with Caraway
constitutes common law trade dress infringement, at least because of Equal Parts’ use of
Caraway’s trade dress and/or colorable imitations thereof is likely to cause confusion,
mistake, or deception as to the affiliation, connection, and/or association of Equal Parts
with Caraway and as to the origin, sponsorship and/or approval of Equal Parts’ infringing
products, at least by creating the false and misleading impression that its infringing
products are manufactured by, authorized by or otherwise associated with Caraway.
common law trade dress infringement.
107. Caraway’s trade dress is entitled to protection under the common law.
37
colorable imitations thereof has been intentional, willful, and malicious. Equal Parts bad
admission, as noted in the Harvard Business School Case Study in Exhibit J, attached
hereto as Exhibit I, that Caraway was the reason why Equal Parts rebranded and changed
its look, and by Equal Parts’ continuing disregard for Caraway’s rights.
reasonable attorney fees.
COUNT IV:
COMMON LAW UNFAIR COMPETITION
constitutes common law unfair competition, at least because of Equal Parts’ use of
38
Caraway’s trade dress and/or colorable imitations thereof is likely to cause confusion,
mistake, or deception as to the affiliation, connection, and/or association of Equal Parts
with Caraway and as to the origin, sponsorship and/or approval of Equal Parts’ infringing
products, at least by creating the false and misleading impression that its infringing
products are manufactured by, authorized by or otherwise associated with Caraway.
common law unfair competition in violation.
114. Caraway’s trade dress is entitled to protection under the common law.
colorable imitations thereof has been intentional, willful, and malicious. Equal Parts’ bad
admission, as noted in the Harvard Business School Case Study in Exhibit J, that Caraway
39
was the reason why Equal Parts rebranded and changed its look, and by Equal Parts’
continuing disregard for Caraway’s rights.
COUNT V:
DECEPTIVE PRACTICES AND FALSE ADVERTISING
UNDER NEW YORK GEN. BUS. LAW §§ 349-350
119. Equal Parts’ acts constitute false advertising and deceptive acts and
practices, in violation of New York General Business Law §§ 349-350.
constitutes activity likely to cause confusion, mistake and deception for and to consumers
as to the source of Caraway’s products, such that consumers may believe Equal Parts’
cookware products are sponsored by, endorsed by, approved by, licensed by, authorized
by, or affiliated or connected with Caraway.
121. Equal Parts has acted willfully and deliberately and has profited and been
unjustly enriched by sales they would not otherwise have made but for their unlawful
conduct.
122. Equal Parts has, by virtue of the foregoing, caused Caraway to suffer
injuries for which, unless enjoined, Caraway will continue to suffer substantial and
irreparable injury for which Caraway has no adequate remedy at law, including at least
40
substantial and irreparable injury to the goodwill and reputation for quality associated with
Caraway’s trade dress with Caraway and Caraway’s cookware products.
123. Upon information and belief, Equal Parts’ actions have been intentional,
willful, and malicious. Equal Parts’ bad faith is evidenced at least by the similarity of its
infringing products to Caraway’s trade dress, as demonstrated in, for example, FIGS. 10-
16 above, as well as Equal Parts’ admission, as well as Equal Parts’ admission, as noted
in the Harvard Business School Case Study in Exhibit J, that Caraway was the reason why
Equal Parts rebranded and changed its look, and by Equal Parts’ continuing disregard for
Caraway’s rights.
at least Equal Parts’ profits, Caraway’s actual damages, enhanced damages, costs, and
COUNT VI:
TRADEMARK DILUTION AND INJURY TO BUSINESS REPUTATION
UNDER NEW YORK GEN. BUS. LAW § 360-L
126. Equal Parts’ acts constitute trademark dilution and injury to business
reputation, in violation of New York General Business Law § 360-L.
trademark dilution, in violation of New York General Business Law §§ 360-L.
41
128. Caraway’s trade dress is distinctive and famous within the meaning of New
York General Business Law §§ 360-L, and were famous prior to the acts committed by
Equal Parts discussed herein.
129. Equal Parts’ use of the trade dress has diluted, or is likely to dilute, and
unless enjoined will continue to dilute, the distinctive quality of the trade dress by
destroying the exclusive association between the trade dress and Caraway’s cookware, or
otherwise lessening the capacity of the trade dress to exclusively identify Caraway and
its cookware, and otherwise injure the business reputation of Caraway.
130. Equal Parts has acted willfully and deliberately and have profited and been
unjustly enriched by sales they would not otherwise have made but for their unlawful
conduct.
131. By virtue of the foregoing, Equal Parts has caused Caraway to suffer
injuries for which it is entitled to recover compensatory damages including, but not limited
to, Caraway’s lost profits.
132. Equal Parts’ acts are causing and continue to cause Caraway irreparable
harm in the nature of loss of control over its reputation and loss of substantial consumer
goodwill. This irreparable harm to Caraway will continue, without any adequate remedy
at law, unless and until Equal Parts’ unlawful conduct is enjoined by this Court.
133. Caraway has been and will continue to be harmed by Defendants’ conduct
in an amount to be determined at trial.
COUNT VII:
TRADEMARK INFRINGEMENT UNDER § 32(1) OF THE LANHAM ACT,
15 U.S.C. § 1114(1)
42
135. Plaintiff is the owner of valid and subsisting United States Trademark
Registration No. 6,115,214 on the Principal Register in the United States Patent
and Trademark Office for the trademark CARAWAY (hereinafter “CARAWAY Mark”)
for “cookware, namely, stock pots, sauté pans, frying pans, sauce pans, stir-fry pans,
skillets, Chef's pans made of ceramic; Pot holders; dutch oven; Dutch ovens; oven mitts;
Coasters not of paper or textile” in Class 21, and “Dish towels; Coasters of textile” in
Class 24. Attached as Exhibit K is a true and correct copy of the TSDR record for
Trademark Registration No. 6,115,214, which was issued by the United States Patent
and Trademark Office on July 28, 2020.
136. Plaintiff has used the CARAWAY Mark in commerce throughout the
United States continuously since July 16, 2019 in connection with, inter alia, the
manufacture, distribution, offering for sale, sale, marketing, advertising and promotion of
“cookware, namely, stock pots, sauté pans, frying pans, sauce pans, stir-fry pans, skillets,
Chef's pans made of ceramic; Pot holders; dutch oven; Dutch ovens; oven mitts; Coasters
not of paper or textile.”
137. As a result of its widespread, continuous, and exclusive use of the
CARAWAY Mark to identify its goods and Plaintiff as their source, Plaintiff owns valid
and subsisting federal statutory and common law rights to the CARAWAY Mark.
138. Plaintiff's CARAWAY Mark is distinctive to both the consuming public
and Plaintiff's trade.
43
139. Plaintiff has expended substantial time, money, and resources marketing,
advertising, and promoting the its goods sold under the CARAWAY Mark.
140. The goods Plaintiff offers under the CARAWAY Mark are of high quality.
As a result of its distinctiveness and widespread use and promotion throughout the United
States, Plaintiff's CARAWAY Mark is a famous trademark within the meaning of Section
43(c) of the Lanham Act, 15 U.S.C. 1125(c), and became famous prior to the acts of the
Defendant alleged herein.
141. Upon information and belief, Defendant is engaged in direct-to-consumer
sales of cookware. Without Plaintiff's authorization, and upon information and belief,
beginning after Plaintiff acquired protectable exclusive rights in its CARAWAY Mark,
Defendant began purchasing Google Ad-words and Google Shopping Advertisements in
the United States for the CARAWAY Mark and related branded search terms, in order to
advertise the Equal Parts brand when consumers searched for CARAWAY using the
Google search engine (the “Infringing Mark”).
142. Upon information and belief, the Defendant has marketed, advertised,
promoted, and otherwise purchased the Infringing Mark as adwords and keywords via
search engines.
143. Upon information and belief, Defendant's acts are willful with the
deliberate intent to trade on the goodwill of Plaintiff's CARAWAY Mark, cause confusion
and deception in the marketplace, and divert potential sales of Plaintiff's goods to the
Defendant.
144. Defendant's unauthorized use in commerce of the Infringing Mark as
alleged herein is likely to deceive consumers as to the origin, source, sponsorship, or
44
affiliation of Defendant's goods, and is likely to cause consumers to believe, contrary to
fact, that Defendant's goods are sold, authorized, endorsed, or sponsored by Plaintiff, or
that Defendant is in some way affiliated with or sponsored by Plaintiff. Defendant's
conduct therefore constitutes trademark infringement in violation of Section 32(1) of the
Lanham Act, 15 U.S.C. § 1114(1).
145. Upon information and belief, Defendant has committed the foregoing acts
of infringement with full knowledge of Plaintiff's prior rights in the CARAWAY Mark
and with the willful intent to cause confusion and trade on Plaintiff's goodwill.
146. Defendant's conduct is causing immediate and irreparable harm and injury
to Plaintiff, and to its goodwill and reputation, and will continue to both damage Plaintiff
and confuse the public unless enjoined by this court. Plaintiff has no adequate remedy at
law.
147. Plaintiff is entitled to, among other relief, injunctive relief and an award of
actual damages, Defendant's profits, enhanced damages and profits, reasonable attorneys'
fees, and costs of the action under Sections 34 and 35 of the Lanham Act, 15 U.S.C. §§
1116, 1117, together with prejudgment and post-judgment interest.
COUNT VIII:
UNFAIR COMPETITION BASED ON USE OF THE INFRINGING MARK
UNDER § 43(a) OF THE LANHAM ACT, 15 U.S.C. § 1125(a)
alleged herein is likely to deceive consumers as to the origin, source, sponsorship, or
45
affiliation of Defendant's goods, and is likely to cause consumers to believe, contrary to
fact, that Defendant's goods are sold, authorized, endorsed, or sponsored by Plaintiff, or
that Defendant is in some way affiliated with or sponsored by Plaintiff.
alleged herein constitutes use of a false designation of origin and misleading description
and representation of fact.
151. Upon information and belief, Defendant's conduct as alleged herein is
willful and is intended to and is likely to cause confusion, mistake, or deception as to the
affiliation, connection, or association of Defendant with Plaintiff.
152. Defendant's conduct as alleged herein constitutes unfair competition in
violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
153. Defendant's conduct as alleged herein is causing immediate and irreparable
harm and injury to Plaintiff, and to its goodwill and reputation, and will continue to both
damage Plaintiff and confuse the public unless enjoined by this court. Plaintiff has no
adequate remedy at law.
154. Plaintiff is entitled to, among other relief, injunctive relief and an award of
actual damages, Defendant's profits, enhanced damages and profits, reasonable attorneys'
fees, and costs of the action under Sections 34 and 35 of the Lanham Act, 15 U.S.C. §§
1116, 1117, together with prejudgment and post-judgment interest.
COUNT IX:
FEDERAL TRADEMARK DILUTION
46
156. Plaintiff's CARAWAY Mark is distinctive and a “famous mark” within the
meaning of Section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c).
157. Plaintiff's CARAWAY Mark became distinctive and famous prior to the
Defendant's acts as alleged herein.
158. Defendant's acts as alleged herein have diluted and will, unless enjoined,
continue to dilute and are likely to dilute the distinctive quality of Plaintiff's famous
CARAWAY Mark.
159. Defendant's acts as alleged herein have tarnished and will, unless enjoined,
continue to tarnish, and are likely to tarnish Plaintiff's CARAWAY Mark by undermining
and damaging the valuable goodwill associated therewith.
160. Defendant's acts as alleged herein are intentional and willful in violation of
Section 43(c)(1) of the Lanham Act, and have already caused Plaintiff irreparable damage
and will, unless enjoined, continue to so damage Plaintiff, which has no adequate remedy
at law.
161. Plaintiff is entitled to, among other relief, an award of actual damages,
Defendant's profits, enhanced damages and profits, reasonable attorneys' fees, and costs
of the action under Sections 34 and 35 of the Lanham Act, 15 U.S.C. 15 U.S.C. §§ 1116,
1117, together with prejudgment and post-judgment interest.
COUNT X:
DESIGN PATENT INFRINGEMENT OF DESIGN PATENT NO. D908,424
UNDER 35 U.S.C. § 271
163. United States Design Patent No. D908,424 (the “‘424 Patent”), entitled
“Cookware Pan Handle,” was filed as Serial No. 29/709,085 on October 11, 2019, and
47
named Jordan Nathan, Benjamin Gross, Kenneth Young and Bret Recor as inventors.
Attached as Exhibit L is a true and correct copy of the ‘424 Patent.
164. The ’424 Patent is directed to “the ornamental design for a cookware pan
handle.”
165. Plaintiff is the assignee of all right, title, and interest in and to the ‘424
Patent.
166. The ’424 Patent issued on January 26, 2021.
167. The ’424 Patent covers a pan handle design, such as shown in FIG. 1 of the
issued patent:
168. Defendant Equal Parts infringes the ’424 Patent at least through its offer
for sale, importation, manufacture, design, and marketing of its pots and pans, sold on its
website and elsewhere (the “Accused Products”).
169. Equal Parts offers for sale Accused Products with a handle that, to the
ordinary observer, is substantially the same, thereby deceiving observers to believe that
the Equal Parts pan is the one offered by Plaintiff. Copies of Equal Parts’ handle design
are shown below:
48
170. Various Equal Parts products incorporate this patented design. Equal Parts’
infringement of the ‘424 Patent is willful, with wanton disregard of the protection afforded
under the patent laws.
171. Defendants Branch, Doris, and Doe infringe the ‘424 Patent at least due to
their design, importation, marketing, and offering for sale of the Accused Products.
172. Defendants’ continued marketing, sales, manufacturing and offering for
sale of the Accused Products constitutes willful infringement.
173. Equal Parts has known about the ‘424 Patent since at least as early as their
letter to the Court on March 12, 2021.
49
174. On information and belief, Defendants Branch, Doris and Doe have known
about the ‘424 Patent prior to the filing of this Second Amended Complaint.
COUNT XI:
DESIGN PATENT INFRINGEMENT OF DESIGN PATENT NO. D918,650
UNDER 35 U.S.C. § 271
177. United States Design Patent No. D918,650 (the “‘650 Patent”), entitled
“Cookware Pan Handle,” was filed as Serial No. 29/762,642 on December 17, 2020, and
named Jordan Nathan, Benjamin Gross, Kenneth Young and Bret Recor as inventors.
Attached as Exhibit M is a true and correct copy of the ‘650 Patent.
178. The ‘650 Patent is a continuation of the ‘424 Patent.
179. The ’650 Patent is directed to “the ornamental design for a cookware pan
handle.”
180. Plaintiff is the assignee of all right, title, and interest in and to the ‘650
Patent.
181. The ’650 Patent issued on May 11, 2021.
182. The ’650 Patent covers a pan handle design, such as shown in FIG. 1 of the
issued patent:
50
183. Defendant Equal Parts infringes the ’650 Patent at least through its offer
for sale, importation, manufacture, design, and marketing of the Accused Products.
184. Equal Parts offers for sale Accused Products with a handle that, to the
ordinary observer, is substantially the same, thereby deceiving observers to believe that
the Equal Parts pan is the one offered by Plaintiff. Copies of Equal Parts’ handle design
are shown below:
51
185. Various Equal Parts products incorporate this patented design. Equal Parts’
infringement of the ‘650 Patent is willful, with wanton disregard of the protection afforded
under the patent laws.
186. Defendants Branch, Doris, and Doe infringe the ‘650 Patent at least due to
their design, importation, marketing, and offering for sale of the Accused Products.
187. Defendants’ continued marketing, sales, manufacturing and offering for
sale of the Accused Products constitutes willful infringement.
188. Equal Parts has known about the ‘650 Patent since at least as early as the
filing of this Second Amended Complaint.
PRAYER FOR RELIEF
WHEREFORE, Caraway respectfully requests that the Court:
A. Grant judgment in favor of Caraway and against Defendants on all of
Caraway’s claims;
52
B. Preliminarily and permanently enjoin and restrain Defendants, its officers,
agents, subsidiaries, servants, partners, employees, attorneys, investors, consultants
and all others in active concert or participation with them, from:
a. Making any use of the trade dress, or any designation of origin
confusingly similar thereto, including offering to sell, selling, distributing,
or importing into the U.S. cookware incorporating the trade dress;
b. Infringing or diluting any of the trade dress;
c. Infringing any Caraway patents;
d. Unfairly competing with Caraway in the manufacture, importation,
advertising, offering for sale, sale, shipment and/or distribution of
cookware;
e. Disposing of, destroying, moving, secreting, relocating and/or
transferring any and all of Equal Parts’ stock of cookware incorporating the
trade dress, without court direction;
f. Disposing of, destroying, moving, secreting, relocating and/or
transferring any information, records, and/or documents in Equal Parts’
possession pertaining to their purchase, importation, receipt, advertising,
offering for sale, sale, shipment and/or distribution of cookware
incorporating the trade dress; and,
g. Assisting, aiding or abetting any other person or business entity in
engaging in or performing any of the aforementioned activities.
C. Order Equal Parts to, at Equal Parts’ expense, withdraw from the market,
account for and properly destroy any and all products bearing the trade dress;
53
D. Order Equal Parts, pursuant to 15 U.S.C. § 1116, to serve on Caraway
within thirty (30) days after service on Equal Parts of preliminary or permanent
injunctive orders, a report in writing, under oath, setting forth in detail the manner and
form in which Equal Parts have complied with the injunction.
E. Order Defendants to account for, and pay over to Caraway, Defendant’s
profits and all damages sustained by Caraway;
F. Increase the amount of damages and/or profits awarded to Caraway, as
provided by law;
G. Award Caraway such treble and punitive damages for Defendants’ willful
and intentional acts of unfair competition, design patent infringement, and infringement
of Caraway’s rights that the Court shall deem just and proper;
H. Award Caraway the fees, costs and disbursements, and interest, expended
in connection with any actions taken to investigate and confirm the claims made herein;
I. Award Caraway its reasonable attorneys’ fees, costs, disbursements, and
interest, as provided by law; and
J. Grant such other and further relief as the Court may deem just and proper.
54
DEMAND FOR JURY TRIAL
Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure and the Seventh
Amendment, Plaintiff demands a trial by jury on all claims and issues so triable.
Dated: May 11, 2021

New York, New York By: /Andrew D. Bochner/
Andrew D. Bochner, Esq.
Serge Krimnus, Esq.
Bochner IP
295 Madison Avenue, 12th Floor
New York, New York 10017
(646) 971-0685
Attorney(s) for Plaintiff
55
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Cookware
Caraway Cookware Set Review

This set has everything you need for ef cient nonstick cooking
by Lindsay Boyers
Updated October 08, 2020
Our editors independently research, test, and recommend the best products; you can learn more about our review process
here. We may receive commissions on purchases made from our chosen links.
5 Excellent
Caraway Cookware Set
What We Like
Retains heat really well
Nonstick without the chemicals
Includes pan rack and lid holder

/
Comes in five beautiful colors
What We Don't Like

Need to hand wash
Pricing is on the higher end
Stainless steel handles get hot
Bo om Line
The Caraway Cookware Set lives up to its promise of providing impressive nonstick capabilities without any of the
downsides, and while the price is higher than others, it’s a worthwhile investment.
Buy on Carawayhome.com $395 Buy on Food52 $395
IN THIS ARTICLE
Design Accessories
Material Heating Capacity
Cleaning Price
Competition Final Verdict
Specs
W e purchased the Caraway Cookware Set so our reviewer could put it to the test in her kitchen. Keep reading
for our full product review.
Nonstick cookware is arguably the most important part of a well-stocked kitchen. Unfortunately, most of the time,
nonstick means that your pots and pans are coated with PTFE or PFOA, chemicals that have been linked to various
health problems. You can opt for stainless steel, which is naturally toxin-free, but if you don’t properly oil your pan or
you turn the heat up too high, you’re left with a mess that can take too much time and too much elbow grease to
clean. Caraway stepped up to solve these problems with their cookware set, which is made of ceramic-coated
aluminum that promises to be nonstick without the chemicals. But while Caraway probably has the most visually
appealing cookware out there, looks can only get you so far.
We spent a couple of weeks testing the Caraway Cookware Set to see how it fared with steaks, pasta sauce, eggs, and
more. Here’s what we found.
/
The Spruce Eats / Lindsay Boyers
Design: As beautiful as it is functional

If we had to judge on design alone, we were pretty much sold right away. A welcome departure from typical silver or
black, the Caraway cookware comes in five dusty floral colors that can add to any kitchen aesthetic. We went with the
navy set, a gorgeous deep blue, but there’s also cream, light gray, perracotta (a pink and terracotta hybrid), and sage.
The colors complement each other really nicely, so if you want to mix and match, instead of purchasing a one-color
set, you have that option too. Keep in mind, however, that you save some money—$65 to be exact—when you
purchase the set as-is.
If you opt for the set, you’ll get a 10.5-inch fry pan, a 4.5-quart saute pan with a lid, a 3-quart saucepan with a lid, and
a 6.5-inch Dutch oven with a lid—pretty much everything you need in the kitchen. The only thing we wished for was a
smaller saucepan for cooking small quantities of rice or reheating leftovers, but it’s certainly not a dealbreaker.
/
As for the design of the cookware itself: it was the perfect size without being too bulky. We were able to make a
Sunday family dinner-sized pasta sauce in the Dutch oven with plenty of room to spare.
The handles were positioned well as they were large and easy to grip and hold. The only knock we had is that they’re
made of stainless steel, with no rubber grips, so they get hot fast and you’ll need an oven mitt to move the cookware
when you’re draining grease or pasta in the sink. Again, not a dealbreaker, and definitely something that’s pretty
common with cookware, but we thought it was worth noting.
R E A D N E X T: The 9 Best Frying Pans of 2020
Accessories: Went above and beyond

The set also comes with magnetic pan racks that perfectly hold each pot in an upright, sideways position and a canvas
lid holder that you can hang on the inside of your cabinet door so you have easy access to the lids whenever you need
them. When it came time to put the cookware away, the magnetic pan holder really reduced its footprint in our
cabinet. These included extras immediately set the cookware apart from other sets we own, which end up stacked in a
pile in our cabinet. Another nice little touch is the inclusion of two corkboard trivets stamped with the Caraway logo.
TESTING INSIGHT:
Even when cooking on low to medium heat, the pots and pans got really
hot and our eggs and bacon cooked evenly and quickly.”
Material: Nontoxic and nonstick

Nonstick cookware is a kitchen must have, but sometimes you’re forced to make a choice between something that’s
easy to clean but is made with toxic materials, and something that’s toxin-free but needs some serious scrubbing.
With the Caraway set, there’s no choosing necessary because it promises the best of both worlds. The pots and pans
are aluminum with a nonstick ceramic coating that’s free of PTFE (the main compound in Teflon®), PFOA, lead,
cadmium, and other harmful chemicals and heavy metals.
And here’s the part you’ve been waiting for: the nonstick coating is a dream. Teflon® may be considered the gold
standard of nonstick, but this Caraway set outperforms every other pan we’ve tried by a mile.
/
Case 1:20-cv-10469-VMCaraway Cookware
Document Set
34-4 Filed 05/11/21 Page 6 of 10
It didn’t matter if we were sauteing onions, heating butter, frying eggs, searing steaks, or simmering a pasta sauce, not
one single piece of food stuck to the bottom of the pan. We could stir and flip with no problems whatsoever. Speaking
of stirring and flipping, keep in mind that as with other nonstick cookware, you can only use plastic, rubber, or wooden
utensils with these pans so you don’t scratch the coating.
R E A D N E X T: The 10 Best Nonstick Cookware Sets of 2020
Heating Capacity: Ef cient and even

Ceramic cookware is known for its ability to hold and retain heat and the Caraway demonstrates that quality to the
fullest. Even when cooking on low to medium heat, which is recommended by the manufacturer, the pots and pans
got really hot and our eggs and bacon cooked evenly and quickly.
This was true no matter where you placed the food in the pan. We’ve noticed with other cookware, especially large
skillets, that if bacon isn’t placed perfectly in the center, it won’t cook evenly. Or the bacon in the middle will burn,
while the bacon on the outside is barely cooked. These problems were completely eliminated with the Caraway set,
for all of the dishes that we prepared.
/
Case 1:20-cv-10469-VMCaraway Cookware
Document Set
34-4 Filed 05/11/21 Page 7 of 10
However, there was a learning curve for us. We’ve gotten used to having to turn the heat way up in our older pans, but
since this cookware is much more efficient and better at distributing heat, high heat wasn’t necessary. We kept having
to remind ourselves to turn the flame down.
You can use the Caraway set on electric stoves and induction stovetops, too. The pots and pans are also oven safe—
up to 550 degrees—so they can replace heavier cast iron skillets in your kitchen.
Cleaning: Dishwasher not recommended

When it comes to the most important feature of a cookware set, we think it’s a tie between cooking performance and
ease of clean-up. It’s great if you have a pan that can sear a rib-eye perfectly, but if you’re left with remnants of
baked-on steak crust for the rest of that pan’s life, it kind of dampens the whole appeal. Besides, if a cookware set is
claiming to be innovative by providing non-stick capabilities without the toxic chemicals, it has to live up to the hype.
TESTING INSIGHT:
The only thing we wished for was a smaller saucepan for cooking small
quantities of rice or reheating leftovers.”
The Caraway cookware set doesn’t only live up to the hype, we thought it wasn’t hyped up enough. After making a
thick meaty spaghetti sauce, all it took to clean the pot was a quick rinse and wipe with a clean sponge and the pot
looked good as new. The same was true when cleaning up after a seared rib-eye steak. The brown crusty bits wiped
right off with almost no effort at all.
If you’re wondering about using the dishwasher, we wouldn’t recommend it. We couldn’t find a solid answer about
whether or not the set is dishwasher-safe, which has us believing that it isn’t. And since these pots and pans are so
easy to clean, we didn’t think a dishwasher was necessary since they can degrade cookware over time.
Price: Worth it
At first, the $395 price tag gave us a little bit of sticker shock. After all, that’s almost $100 per piece! But after we
spent some time in the kitchen with this set, we quickly realized that it's worth every penny. As Caraway puts it, “well-
done cookware is rare,” and you really do get what you pay for. The set looks and feels high-end and, once you get the
hang of it, the cooking feels high-end too. Plus, it comes with the pot and lid holders—something that other sets are
lacking—and to us, that kind of organization is priceless.
/
Teflon® may be considered the gold standard of nonstick, but this
TESTING INSIGHT:
ceramic Caraway set outperforms every other pan we’ve tried by a mile.”
Competition: Stacks Up Well

It’s difficult to put the Caraway set up against other cookware since it seems so different, but if you’re not totally sold,
or you’re looking for a larger set with more pieces, there are some other great options out there too.
Cuisinart Multiclad Pro Stainless 12-Piece Cookware Set: When it comes to anything kitchen-related, you really can’t
go wrong with Cuisinart. The Multiclad Pro Stainless 12-Piece Cookware Set includes two saucepans, two skillets, a
saute pan, a stockpot, and a steamer insert. Since it’s stainless steel, it doesn’t contain any of the toxic chemicals of
traditional nonstick cookware, but cleanup is more difficult than with the Caraway.
T-fal Initiatives Ceramic 16-Piece Cookware Set: If you’re looking for a larger set on a smaller budget, the T-fal
Initiatives Ceramic 16-Piece Set has a lot to offer. Like the Caraway cookware, the main cooking surface is made of
ceramic, but this set also includes a square griddle, a smaller saucepan, and a set of compatible kitchen tools, at
about one-third of the price.
Featured on: The 7 Best Ceramic Cookware Sets of 2020
Final Verdict
Throw out your other cookware and get this set now.
You need the Caraway Cookware Set: It’s beautiful and functional, it holds heat and cooks well, it can go right
from the stove to the oven, and it comes with its very own organization system.
Specs
Product Name Cookware Set
Product Brand Caraway
Price $395
Product Dimensions 10.5 inches, 3 quarts, 4.5 quarts, 6.5 quarts
Colors Cream, Gray, Perracotta, Sage, Navy
Return Policy 30-day money back satisfaction guarantee
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EXHIBIT E
EXHIBIT F
EXHIBIT G
HU FF P OST FIN DS
Here's What HuffPost Readers Couldn't Get

Enough Of In September
Including a kids desk for a study space of their own, fabric shaver for sweater weather and
set of silicone stretch lids for leftovers.
By Ambar Pardilla

0 9/29/2020 01: 54p m EDT | Up d ated Oc tob e r 7, 2020
HuffPost may receive a share from purchases made via links

on this page. Prices and availability subject to change.
/
HUFFPOST
The end of the month means a new edition of our "Top Shopped" series.
It’s the end of another month, so it’s time to bring back one of
our favorite series, “Top Shopped,” our look into what
HuffPost readers bought this month.
Before we welcome in October, the official month of tricks and

treats, let’s see what readers added to their carts in September.
August was all about getting ready for the fall — readers
bought a kid-friendly meal kit for weekday dinners, a
lightweight vacuum for small spaces and a blender that can
whip up soups. But home improvement was the name of the
game in September.
Of course, it makes sense that lots of us want to change up our

spaces after months and months of mostly staying inside. In
September, our readers bought practical home and kitchen
items to do just that — and make their lives a little easier, too.
THE BEST-KEPT DEALS, STEALS AND PRACTICAL

FINDS FOR THE GOOD LIFE
Subscribe to HuffPost’s sales and deals email.
address@email.com SUBSCRIBE
/
This month, the best buys our readers made included a set of
silicone stretch lids for leftovers, broom holder for all your
cleaning supplies and over-the-cabinet organizer that can hold
cutting boards and baking trays. There were some readers who
splurged on a pastel cookware set and carry-on that doubles as
storage when you’re on a staycation.
Below, you’ll find the things HuffPost readers bought this

month. If you’re wondering, here’s what readers couldn’t get
enough of in August and July. We’ll be keeping tabs on what’s
“top shopped” in October, too, so check back soon.
Check out what HuffPost readers couldn’t get enough

of in September:
A kids desk for a colorful study space
/
Wayfair
This isn't your average school year, as parents know all too
well. Instead of in-person instruction, you and the kids might
be trying to figure out schoolwork and homework from a
screen. If your kids are learning from online classes, it might
be helpful to make them a study space that's all their own. This
colorblock kids desk has been a popular choice with HuffPost
readers.
Find it for $190 at Wayfair.
A set of silicone stretch lids for

leftovers
/
Amazon
If you're always losing your lids, you might want to check out
this set of universal stretch lids, which includes 14 reusable
food storage covers. These are one of the many practical
kitchen finds we found on Amazon under $20.
Find the set for $16 at Amazon.
A new, plus-size collection from

ELOQUII and Walmart
/
Walmart
Walmart and plus-size brand ELOQUII recently launched

ELOQUII Elements, a line off affordable clothes in sizes 14 to
28. The clothes are all under $50. The first collection (there
are plans to have one every season) features things like
sweaters and dusters.
Find this sweater for $30 and the rest of the collection at
Walmart.
4
/
A pastel cookware set to sauté away
Caraway
At the end of August, we picked out the prettiest pastel

cookware we could find on the internet. This set from
Caraway, which is worth $495 but priced at $395, features a
fry pan, sauté pan, sauce pan and Dutch oven. Plus, you can
get magnetic pan racks and lid holder with this set for storage.
It's what our shopping editors call a Good Deal.
Find the set for $395 at Caraway.
An air fryer that's currently half-off
/
Amazon
You might want to get this deal while it's hot. This top-rated
air fryer, which has more than 2,500 reviews and a 4.7-star
rating, is still on sale right now, even after we wrote all about
it. And you can roast, bake and grill with it, too.
Find it for $93 at Amazon.
A practical broom holder to help you

stay organized
/
Amazon
We get it: Cleaning day isn't our favorite day of the week,
either. To make things easier on you, you'll want to keep all
your cleaning supplies organized. This broom holder fits the
bill perfectly. And this little broom holder is a pretty big deal,
with over 15,000 reviews on Amazon.
A t-shirt with our "would recommend"

stamp of approval
/
Everlane
This t-shirt got me through the long quarantine summer. It's

cropped. It's comfortable. And I ordered it just about every
color. Readers snagged this top, too, which has a "3 for $45"
offer on top of being under $20.
Find it for $18 at Everlane.
A Nespresso for those who can't get

enough cups in a day
/
Bloomingdale's
This Labor Day, this Nespresso was probably the best deal we
saw (and there were tons of discounts happening that
weekend!). The coffee maker can make five different cup sizes
and even features a milk frother. While it's back to its original
price, coffee lovers might decide it's worth the investment.
Find it for $480 at Bloomingdale's.
A Stasher bag to stash all your snacks
/
Amazon
Readers ate these up: These Stasher bags are a favorite among
our editors and have fans all over the internet (with over
10,000 reviews on Amazon alone). They're made of a non-
toxic silicone and are dishwasher-safe. With these, you can
make your kitchen a little more green.
10
A sustainable pair of bike shorts
/
Girlfriend Collective
HuffPost readers have been loving leggings and biker shorts

lately (jeans are over for now anyways!). And they've been
turning to Girlfriend Collective, a brand known for its
sustainability. The activewear-slash-athleisure brand has tons
of colorful options to choose from but these bike shorts, which
are made from recycled water bottles, have been a winner this
month.
/
Find them for $48 at Girlfriend Collective.
11
A fabric shaver for sweater weather
/
Amazon /
It's officially sweater weather — so you might want to make
sure your sweaters are all in order. This fabric shaver might
come in handy, since it'll get all those fuzzies off your clothes
before the real cold weather strikes. Plus, it's not just a
personal favorite — it has almost 30,000 reviews and a 4.4.-
star rating.
12
A minimalist desk made for small

spaces
Wayfair
Finding a desk for a small space is hard. Finding an affordable

desk for a small space is even harder. Fortunately, we found
/
one that's been a hit with readers — this mid-century modern
writing desk will get you through answering all those emails.
Find it for $123 at Wayfair.
13
AirPods to get through all that screen

time
Amazon
This Labor Day, one of shopping editors spotted these AirPods

Pro on sale for cheaper than they were on Black Friday.
Luckily, the deal isn't over yet. These AirPods Pro will get you
through those Zoom meetings on your calendar.
/
Find them for $220 at Amazon.
14
A carry-on for your next trip
Away
Early in September, cult-favorite luggage brand Away had its

first-ever sale. This carry-on flew off the shelves — especially
since it has a hard shell and spinner wheels. While this year
has been more about staycations than traveling aboard, you
can't go wrong with investing in luggage that won't break on
you.
Find it for $225 at Away.
/
15
A cutting board organizer that's a cut

above the rest
Amazon
If you've been doing lots of cooking in the past few months,

you could be feeling like you don't have enough countertop
space for everything. But this kitchen find at Amazon might be
able to help. This over-the-cabinet organizer can hold your
cutting boards, baking pans and cookie sheets under the sink.
/
R E L AT ED...
Top Shopped: What HuffPost

Readers Couldn't Get Enough Of
In August

Readers Bought In July

Readers Bought In June
Popular in the Community
AdChoices Sponsored
Suggest a correction
/
EXHIBIT H
EXHIBIT I
DISCOVER WATC H SHOP +MORE United States
Story from HOME
We’re Obsessed With This Chic

Cookware Launch — & You Will
Be Too
ELIZAB ETH BUXTON
L A ST UPDATED NOVEMBER 5, 2019 , 12:43 PM
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Sexy and cookware aren't terms we're apt to pair, but a new brand just seamlessly melded the
two together in a majorly accessible way. Direct-to-consumer home brand, Caraway, launched
today with its first collection of affordably packaged and stylish cookware — and we got a first-
person glimpse of its IRL appeal.
Pre-launch we met with the brand's co-founder, Jordan Nathan, who walked us through each of
the essential bundles — which, even when laid out in the small start-up's temporary office
space, looked vibrant, streamlined, and chic. Priced at $395 (aka the total cost of one Le
Creuset), the sets include everything from a fry-pan to a saucepan, dutch oven, sauté pan, and
three matching lids. The Caraway team explained that all of the cookware is eco-friendly,
thoughtfully crafted from sleek non-toxic and non-stick materials. The ceramic goods are
available in five separate color options that aren't commonly seen across the current cookware
scene — perracotta (pink terracotta), sage, cream, navy, or gray — making kitchen clutter look
like chic decor. Oh, and did we mention that each set also includes four magnetic pan racks and
a canvas lid-holder with cabinet hooks to streamline your kitchen Martha-Stewart-style? We
were ready to run out of there with the canvas hanging organizer alone. Genius.
ADVERTISEMENT
/
Distinctly separate scenarios used come to mind when we thought of pots and pans:
questionably rusted hand-me-downs clunking around in our cabinets OR a streamlined
stainless-steel rack glistening from the pristine heights of Martha Stewart's kitchen. But, that's
where Caraway shook things up for those of us who believed our tiny spaces (and budgets)
could never own a full, let alone matching, set of cookware. These clever bundles are ideal
investments for starter apartments, second homes, or anyone in need of a stylish and easy
kitchen upgrade — and we're calling this new venture one to watch.
SHOP 5 PROD U CT S
/
C AR AWAY HOME C AR AWAY HOME C AR AWAY HOME
Cookware & Cabinet Organiz... Cookware & Cabinet Organiz... Cookware & Cabinet Organiz...
$395.00 $395.00 $395.00
BU Y BU Y BU Y
At Refinery29, we’re here to help you navigate this overwhelming world of stuff. All of our
market picks are independently selected and curated by the editorial team. If you buy
something we link to on our site, Refinery29 may earn commission.
C AR AWAY HOME L AUNCHES CHIC CER AMIC CO OKWARE SETS 2019
ORIGINALLY PUBLISHED ON NOVEMBER 5, 2019 , 7:43 AM
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EXHIBIT J
EXHIBIT K
Generated on: This page was generated by TSDR on 2020-12-09 12:42:57 EST
Mark: CARAWAY
US Serial Number: 88978108 Application Filing May 28, 2019

Date:
US Registration 6115214 Registration Date: Jul. 28, 2020
Number:
Filed as TEAS RF: Yes Currently TEAS RF: Yes
Register: Principal
Mark Type: Trademark
TM5 Common Status LIVE/REGISTRATION/Issued and Active
Descriptor:
The trademark application has been registered with the Office.
Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
Status Date: Jul. 28, 2020
Publication Date: Oct. 22, 2019 Notice of Dec. 17, 2019
Allowance Date:
Mark Information
Mark Literal CARAWAY
Elements:
Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
Claim:
Mark Drawing 4 - STANDARD CHARACTER MARK
Type:
Related Properties Information

Child Of: 88449295
Goods and Services

Note:
The following symbols indicate that the registrant/owner has amended the goods/services:
Brackets [..] indicate deleted goods/services;
Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
Asterisks *..* identify additional (new) wording in the goods/services.
For: Cookware, namely, stock pots, sauté pans, frying pans, sauce pans, stir-fry pans, skillets, Chef's pans made of ceramic; Pot holders;
dutch oven; Dutch ovens; oven mitts; Coasters not of paper or textile
International 021 - Primary Class U.S Class(es): 002, 013, 023, 029, 030, 033, 040, 050
Class(es):
Class Status: ACTIVE
Basis: 1(a)
First Use: Jul. 16, 2019 Use in Commerce: Oct. 15, 2019
For: Dish towels; Coasters of textile

International 024 - Primary Class U.S Class(es): 042, 050
Class(es):
Class Status: ACTIVE
Basis: 1(a)
First Use: Jul. 16, 2019 Use in Commerce: Apr. 07, 2020
Basis Information (Case Level)

Filed Use: No Currently Use: Yes
Filed ITU: Yes Currently ITU: No
Filed 44D: No Currently 44E: No
Filed 44E: No Currently 66A: No
Filed 66A: No Currently No Basis: No
Filed No Basis: No
Current Owner(s) Information

Owner Name: CARAWAY HOME, INC.
Owner Address: 322 WEST 14TH STREET
APT 5C
NEW YORK, NEW YORK UNITED STATES 10014
Legal Entity Type: CORPORATION State or Country DELAWARE
Where Organized:
Attorney/Correspondence Information
Attorney of Record
Attorney Name: Andrew Bochner Docket Number: CAR-TM-01
Attorney Primary andrew@bochnerip.com Attorney Email Yes
Email Address: Authorized:
Correspondent
Correspondent Andrew Bochner
Name/Address: BOCHNER IP
36 DISBROW LANE
NEW ROCHELLE, NEW YORK UNITED STATES 10804
Phone: 917-553-1529
Correspondent e- andrew@bochnerip.com admin@bochnerip.com Correspondent e- Yes
mail: mail Authorized:
Domestic Representative - Not Found
Prosecution History
Proceeding
Date Description
Number
Jul. 28, 2020 REGISTERED-PRINCIPAL REGISTER
Jun. 26, 2020 NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED
Jun. 25, 2020 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
Jun. 16, 2020 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED
Jun. 15, 2020 STATEMENT OF USE PROCESSING COMPLETE 70565
May 30, 2020 USE AMENDMENT FILED 70565
Jun. 15, 2020 DIVISIONAL PROCESSING COMPLETE
May 30, 2020 DIVISIONAL REQUEST RECEIVED
Jun. 15, 2020 EXTENSION 1 GRANTED 70565
May 30, 2020 EXTENSION 1 FILED 70565
Jun. 11, 2020 CASE ASSIGNED TO INTENT TO USE PARALEGAL 70565
May 30, 2020 TEAS REQUEST TO DIVIDE RECEIVED
May 30, 2020 TEAS STATEMENT OF USE RECEIVED
May 27, 2020 TEAS EXTENSION RECEIVED
Dec. 17, 2019 NOA E-MAILED - SOU REQUIRED FROM APPLICANT
Oct. 22, 2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
Oct. 22, 2019 PUBLISHED FOR OPPOSITION
Oct. 02, 2019 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
Sep. 17, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER
Sep. 17, 2019 EXAMINER'S AMENDMENT ENTERED 88888

Sep. 17, 2019 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328
Sep. 17, 2019 EXAMINERS AMENDMENT E-MAILED 6328
Sep. 17, 2019 EXAMINERS AMENDMENT -WRITTEN 92557
Aug. 29, 2019 TEAS/EMAIL CORRESPONDENCE ENTERED 88889
Aug. 28, 2019 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889
Aug. 28, 2019 TEAS RESPONSE TO OFFICE ACTION RECEIVED
Aug. 21, 2019 AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
Aug. 16, 2019 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325
Aug. 16, 2019 NON-FINAL ACTION E-MAILED 6325
Aug. 16, 2019 NON-FINAL ACTION WRITTEN 92557
Aug. 16, 2019 ASSIGNED TO EXAMINER 92557
Jun. 12, 2019 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
May 31, 2019 NEW APPLICATION ENTERED IN TRAM
TM Staff and Location Information

TM Staff Information - None
File Location
Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Jun. 25, 2020
EXHIBIT L

Caraway Home v. Pattern Brands - Second Amended Complaint

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Caraway Home v. Pattern Brands - Second Amended Complaint

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Case 1:20-cv-10469-VM Document 34 Filed 05/11/21 Page 1 of 55

IN THE UNITED STATES DISTRICT COURT

CARAWAY HOME, INC. )

SECOND AMENDED COMPLAINT

Plaintiff Caraway Home, Inc. (“Caraway” or “Plaintiff”), by and through its

Doris, and Doe collectively referred to as “Defendants”) on personal knowledge as to its

NATURE OF THE ACTION

1. This is an action for patent infringement, trade dress infringement, unfair

infringement, common law unfair competition, federal trademark infringement, as well as

2. Plaintiff has revolutionized the manufacture of designer cookware. What

successful product introductions for modern brands, with revenue growth at an

4. Plaintiff is a Delaware corporation with a place of business at 147 W. 26th

cookware and related items.

5. Upon information and belief, Defendant Equal Parts is a Delaware

New York 10002.

6. Upon information and belief, Defendant Branch is a California limited

7. Upon information and belief, Defendant Doris is a Delaware corporation

Brooklyn Navy Yard, Brooklyn, New York 11205.

8. Upon information and belief, Defendant Doe is a manufacturer of Equal

The true identity of Doe Company is currently unknown to Plaintiff.

JURISDICTION AND VENUE

“Lanham Act”) as well as the laws of the State of New York.

15 U.S.C. § 1121 (Lanham Act), 28 U.S.C. § 1331 (federal question jurisdiction), 28

U.S.C. § 1367 (supplemental jurisdiction), and 28 U.S.C. § 1338(a) (patent jurisdiction).

Defendant Equal Parts to this state and this District.

14. The exercise of personal jurisdiction comports with Defendants’ right to

reasonably anticipate being hailed into court here.

PLAINTIFF’S BRAND RECOGNITION

discussed Caraway since November 2019.

ceramic cookware set of 2020 that “come in an array of eye-catching earthy

“based on the popularity of Caraway…they’re bound to sell quickly.”

18. Oprah Winfrey recently put Caraway’s cookware on her “Entertaining O

List,” a nationally-followed, highly coveted, monthly curated list of only a handful of

sophisticated colors . . . mean they are gorgeous.” See Exhibit E.

19. Popsugar’s article entitled “I Tried the Internet-Famous Caraway

noticeable differentiator…they come in a variety of colorful options…each colorway has

21. Reviewed.com compares Caraway cookware to the beauty of an Apple

stylish color options.”

décor.” See Exhibit I.

24. Caraway was able to achieve such recognition, despite receiving

(170) million impressions on social media.

25. According to Google Trends, “Caraway Cookware” is searched more than

of cookware, such as “non stick cookware” and “ceramic cookware” as well as

27. Caraway sells in nationally known and recognized retailers including

Zola and others.

PLAINTIFF’S TRADE DRESS

28. Plaintiff’s unique design is made up of distinctive, non-functional aesthetic

of Caraway’s cookware products.

FIG. 1 - Cookware Set

with their own unique design features, as set forth below.

design, development, manufacture, and marketing of its Cookware.

32. Caraway’s Cookware Sets (and individual cookware pieces) incorporate

pieces), which consumers have known to be uniquely associated with Caraway.

FIG. 2 – Caraway Fry Pan

FIG. 3 – Caraway Fry Pan

FIG. 4- Caraway Sauté Pan

FIG. 5- Caraway Sauté Pan