IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

Charlotte Division

SLICK SLIDE LLC ) Case Number: 3:23-CV-348

4247 E. Casitas Del Rio )
Phoenix, Arizona 85050, ) Judge:
)
Plaintiff, ) Magistrate Judge:
)
v. )
) JURY TRIAL DEMANDED
BIG AIR UNIVERSITY CITY )
8215 University City Blvd. )
Charlotte, North Carolina 28213, )
)
Defendant. )

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, Slick Slide LLC (“Slick Slide”), for its Complaint against Defendant, Big Air

University City (“Defendant”), states and alleges the following:

NATURE OF THE ACTION

1. This is an action for patent infringement and arises under the patent laws of the

United States, codified in Title 35 of the United States Code.

THE PARTIES

2. Plaintiff Slick Slide LLC has a place of business at 4247 E. Casitas Del Rio,

Phoenix, Arizona 85050, and is a well-known provider of recreational slides.

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 3. Defendant Big Air University City has a place of business at 8215 University City

Blvd., Charlotte, North Carolina 28213. Defendant is a trampoline park, in which it uses and

operates recreational slides.

JURISDICTION AND VENUE

4. This is a patent infringement case, and this Court has subject matter jurisdiction

under 28 U.S.C. § 1331 and 28 U.S.C. § 1338(a).

5. Venue in this judicial district is appropriate based on 28 U.S.C. § 1400(b), in that

the Defendant resides therein, or the Defendant has committed acts of infringement and has a

regular and established place of business therein.

BACKGROUND FACTS

6. Slick Slide is a family-friendly business, providing entertainment for children and

adults in the form of innovative and customized recreational slides. Slick Slide has provided its

innovative and customized recreational slides throughout the United States.

7. Slick Slide incorporates unique technology and innovative designs in its products

to provide a customized experience for its customers. Slick Slide’s products are also customized

to its customers’ environment, including amusement parks and water parks. Slick Slide’s

product offerings include indoor and outdoor customized recreational slides.

8. The slide designs offered by Slick Slide are the original creation of Slick Slide.

By way of example only, Slick Slide’s Launch Slide design is an original creation of Slick Slide.

9. Slick Slide’s Launch Slide design is protected by United States Design Patent No.

D973,821, entitled “Recreational Slide” (“the ‘821 patent”), which issued from the United States

Patent and Trademark Office (“USPTO”) on December 27, 2022, to inventor Gary Schmit. Mr.
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Schmit assigned the ‘821 patent to Slick Slide, which at all times relevant to this action has been the

owner of the ‘821 patent. A copy of the ‘821 patent is attached to this Complaint as Exhibit A. Slick

Slide marks its Launch Slide with the ‘821 patent.

10. Defendant is a trampoline park. In connection with its business, it uses and

operates recreational slides. For example, Defendant uses and operates the slides that are

depicted in the image attached hereto as Exhibit B. Defendant uses and operates the slides that

are depicted in the image attached hereto as Exhibit B in this judicial district, has substantial and

continuous contacts with this judicial district, and conducts systematic business in this judicial

district.

11. Defendant is a franchisee of H20 Partners, LLC (“H20 Partners”).

12. Upon information and belief, Defendant purchased the slides that are depicted in

the image attached hereto as Exhibit B from H20 Partners.

13. Upon information and belief, H20 Partners imported the slides that are depicted in

the image attached hereto as Exhibit B into the United States, to Defendant.

14. Upon information and belief, at the time it agreed to purchase the slides that are

depicted in the image attached hereto as Exhibit B from H20 Partners, Defendant knew that H20

Partners would import them into the United States.

15. Upon information and belief, Defendant purchased the slides that are depicted in

the image attached hereto as Exhibit B based on instructions from H20 Partners.

16. Upon information and belief, Defendant was caused to purchase the slides that are

depicted in the image attached hereto as Exhibit B by H20 Partners.

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 17. Upon information and belief, Defendant was induced to purchase the slides that

are depicted in the image attached hereto as Exhibit B by H20 Partners.

COUNT I – PATENT INFRINGEMENT

18. The allegations of 1-17 are incorporated by reference as if fully set forth

herein.

19. Defendant has infringed and continues to infringe the ‘821 patent by its operation

and use of the recreational slides depicted in the image attached hereto as Exhibit B.

20. Defendant’s acts of patent infringement complained of herein are being carried

out willfully and with full knowledge of Slick Slide’s rights in the ‘821 patent. By way of

example only, Defendant’s acts of patent infringement are being carried out despite having been

sent two cease and desist letters identifying Defendant’s infringement of the ‘821 patent.

21. As a result of Defendant’s actions, Slick Slide has suffered and continues to suffer

substantial injury, including irreparable injury and monetary damage, including but not limited to

the loss of sales and profits, which Slick Slide would have made but for the acts of infringement

by the Defendant. Such injury and damage to Slick Slide will continue unless Defendant is

enjoined by this Court from further infringement.

WHEREFORE, Slick Slide prays for the following relief against Defendant:

A. That a judgment be entered against Defendant, that the Defendant has infringed

United States Design Patent No. D973,821.

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 B. That Defendant, its agents, sales representatives, servants and employees,

associates, attorneys, parents, successors and assigns, and any and all persons or entities acting

at, through, under or in active concert or participation with any or all of them, be enjoined and

permanently restrained from further infringing United States Design Patent No. D973,821.

C. That a judgment be entered requiring each Defendant to pay to Slick Slide

monetary damages sustained by Slick Slide due to such acts of infringement, including lost

profits or reasonable royalty under 35 U.S.C. § 284, or alternatively, the Defendant’s total profit

under 35 U.S.C. § 289.

D. That such damages payable to Slick Slide be trebled under 35 U.S.C. § 284 for

willful infringement.

E. That this case be adjudged and decreed exceptional under 35 U.S.C. § 285, and that

Slick Slide be awarded its reasonable attorney fees.

F. That Slick Slide be awarded its costs and prejudgment interest on all damages.

G. That Slick Slide be awarded such other and further relief as the Court deems just

and proper.

JURY DEMAND

Slick Slide hereby demands and requests trial by jury of all issues raised that are triable

by jury.

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 Respectfully submitted,

Dated: June 13, 2023 s/ Ross R. Fulton

Ross R. Fulton
Rayburn Cooper & Durham, P.A.
227 West Trade Street, Suite 1200,
Charlotte, NC 28202
Email: rfulton@rcdlaw.net
Telephone: 704-334-0891
Fax: 704-377-1897
 
Brett A. Schatz (Pro Hac Vice Pending)
(Ohio 0072038)
WOOD, HERRON & EVANS, L.L.P.
600 Vine Street, Suite 28
Cincinnati, Ohio 45202
Email: bschatz@whe-law.com
Telephone: (513) 241-2324
Facsimile: (513) 241-2634

Attorneys for Plaintiff

Slick Slide LLC

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EXHIBIT A

Case 3:23-cv-00348-FDW-SCR Document 1-1 Filed 06/13/23 Page 1 of 9

 USOOD973821S

( 12 ) Schmit
United States Design Patent (((4510)) Date
PatentofNoPatent
.: : US D973,821 S
** * Dec . 27 , 2022
*
( 54 ) RECREATIONAL SLIDE D705,883 S 5/2014 Brassard D21 / 821
D758,517 S 6/2016 Gonzalez D21 / 818
D806,816 S 1/2018 Forbes D21 / 818
( 71 ) Applicant: Slick Slide LLC , Phoenix , AZ (US ) D838,800 S * 1/2019 Ozsoz D21 / 819
D844,732 S * 4/2019 Hunter D21 / 821
( 72 ) Inventor : Gary Robert Schmit , Phoenix , AZ D869,590 S * 12/2019 Sekreter D21 / 820
( US ) D876,564 S * 2/2020 Hunter D21 / 819
D892,960 S 8/2020 Hunter D21 / 819
( 73 ) Assignee : Slick Slide LLC , Phoenix , AZ (US ) D901,613 S * 11/2020 Hunter D21 / 819
D903,804 S 12/2020 Hunter D21 / 819
This patent is subject to a terminal dis D905,188 S 12/2020 Hunter D21 / 819
( * ) Notice: D919,732 S * 5/2021 Hunter D21 / 819
claimer .
* cited by examiner
( ** ) Term : 15 Years
Primary Examiner — Mitchell I. Siegel
( 21 ) Appl. No .: 29 /696,765 (74 ) Attorney, Agent, or Firm Wood Herron & Evans
LLP
(22) Filed : Jul . 1 , 2019
( 51 ) LOC ( 13 ) CI . 21-02 CLAIM
(52) U.S. CI . ( 57 )
USPC D21 /818 The ornamental design for aa recreational slide , as shown and
( 58 ) Field of Classification Search described .
USPC D21 / 811 , 814 , 818-821
CPC ....... A63G 21 / 00–21 / 22 DESCRIPTION
See application file for complete search history.
( 56 ) References Cited FIG . 1 : is an isometric perspective of my recreational slide
design .
U.S. PATENT DOCUMENTS FIG . 2 : is a view of the right side of the slide .
FIG . 3 : is the top view of the slide.
4,394,173 A * 7/1983 Aste A63G 21/06 FIG . 4 : is the front view of the slide .
104/124 FIG . 5 : is the back view of the slide .
D371,414 S * 7/1996 King D21 / 821 FIG . 6 : is the underside view of the slide ; and ,
D619,186 S 7/2010 Strall D21 / 818
D637,253 S 5/2011 Hunter D21 / 819 FIG . 7 : is the left view of the slide .
D641,823 S * 7/2011 Hunter D21 / 819
D705,882 S * 5/2014 Brassard D21 / 821 1 Claim , 7 Drawing Sheets

Case 3:23-cv-00348-FDW-SCR Document 1-1 Filed 06/13/23 Page 2 of 9

U.S. Patent Dec. 27 , 2022 Sheet 1 of 7 US D973,821 S

1
.
FIG

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U.S. Patent Dec. 27 , 2022 Sheet 2 of 7 US D973,821 S

2
.
FIG

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U.S. Patent Dec. 27 , 2022 Sheet 3 of 7 US D973,821 S

.
FIG
3

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U.S. Patent Dec. 27 , 2022 Sheet 4 of 7 US D973,821 S

C D 4
.
FIG

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U.S. Patent Dec. 27 , 2022 Sheet 5 of 7 US D973,821 S

5
.
FIG

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U.S. Patent Dec. 27 , 2022 Sheet 6 of 7 US D973,821 S

6
.
FIG

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U.S. Patent Dec. 27 , 2022 Sheet 7 of 7 US D973,821 S

7
.
FIG

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EXHIBIT B

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