stahls patent case - US China Trade War Blog

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2:16-cv-10204-SJM-EAS Doc # 1 Filed 01/21/16 Pg 1 of 36
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
STAHLS’ INC.,
d/b/a GroupeSTAHL,
a Michigan corporation,
Plaintiff,
v.
VEVOR CORPORATION,
a California corporation,
SHANGHAI SISHUN MACHINERY
EQUIPMENT CO., LTD.,
a Chinese corporation,
Hon.
Civil Action No.
JURY TRIAL DEMANDED
and
SANVEN CORPORATION,
Defendants.
COMPLAINT FOR PATENT INFRINGEMENT, FEDERAL TRADEMARK
INFRINGEMENT, FEDERAL UNFAIR COMPETITION, FEDERAL
FALSE ADVERTISING, FEDERAL COPYRIGHT INFRINGEMENT, AS
WELL AS UNFAIR COMPETITION, MISAPPROPRIATION AND
TRADEMARK INFRINGEMENT, DILUTION, DECEPTIVE TRADE
PRACTICES AND UNJUST ENRICHMENT UNDER STATE AND/OR
COMMON LAW AND DEMAND FOR JURY TRIAL
Plaintiff Stahls’ Inc., d/b/a GroupeSTAHL, through its attorneys Fishman
Stewart PLLC, for its Complaint against Defendants Vevor Corporation, Shanghai
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SiShun Machinery Equipment Co., Ltd and Sanven Corporation states and alleges
as follows:
THE PARTIES
1.
Plaintiff Stahls’ Inc., d/b/a/ GroupeSTAHL (“Stahls’”) is a Michigan
corporation with a place of business at 6353 E 14 Mile Road, Sterling Heights,
Michigan 48312.
2.
On information and belief, Defendant Vevor Corporation (“Vevor”) is
a California corporation with a place of business at 1172 Murphy Avenue, Ste.
237, San Jose, California 95131, and has appointed Angel Acuna of Christopher
Huang CPAs, Inc., 1172 Murphy Avenue, Ste. 237, San Jose, California 95131, as
its registered agent for service of process.
3.
On information and belief, Vevor operates under assumed names
Taicang Vevor Machinery Equipment Co., Ltd and Vevor Machinery Equipment
Co., Ltd.
4.
On information and belief, Jiao Rubao (also referred to as Rubao Jiao)
is Manager and Director of Vevor and/or entities affiliated with Vevor located in
foreign jurisdictions.
5.
On information and belief, Defendant Shanghai SiShun Machinery
Equipment Co., Ltd (“SSME”) is a Chinese corporation having a place of business
at Rm. 201, Bldg. 3, No. 3131, Jinshajiang Road, Jiading District, Shanghai
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200000, China, and having an office in the United States at 1172 Murphy Avenue,
Ste. 237, San Jose, California 95131, and is the parent company of Vevor.
6.
On information and belief, SSME operates under the assumed name
Shanghai SiShun Ecommerce Co., Ltd.
7.
On information and belief, SSME has a distribution warehouse
located at 1900 Proforma Avenue, Ste. E, Ontario, California 91761.
8.
is President of SSME.
9.
On information and belief, Defendant Sanven Corporation (“Sanven”)
is a California corporation having a registered address at 11740 Dublin Blvd., Ste.
205, Dublin, California 94568, and operates a distribution warehouse at 1900
Proforma Avenue, Ste. E, Ontario, California 91761.
10.
is an Officer of Sanven.
11.
Alternatively, on information and belief, Jiao Rubao (also referred to
as Rubao Jiao) has previously held a role as an Officer of Sanven and entities
affiliated with Sanven located in foreign jurisdictions.
12.
On information and belief, Vevor is acting in concert with Sanven
and/or doing business as Sanven.
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NATURE OF THE ACTION
13.
This is a civil action for injunctive relief, damages and attorney’s fees
and costs arising under federal laws for patent infringement, trademark
infringement, false advertising and unfair competition, and copyright infringement,
as well as under the laws of Michigan and common law for trademark infringement
and unfair competition, misappropriation, dilution, unfair and deceptive trade
practices and unjust enrichment as a result of Defendants’ willful infringement of
Stahls’ rights and other wrong acts conducted by Defendants in connection with
such infringement, including the commission of acts of infringement by using,
making, importing, offering to sell and/or selling a product and/or products that
infringe one or more claims of United States Patent No. 8,418,739 (“the ‘739
Patent”), of willful infringement of Stahls’ rights in the federally registered mark
FUSION (the “FUSION Mark”) and of willful infringement of Stahls’ proprietary
content subject to a federal Copyright Registration under Registration No. TX 8137-968 (the “’968 Registration”).
JURISDICTION AND VENUE
14.
This is an action for patent infringement arising under the Patent Laws
of the United States, Title 35 of the United States Code, specifically §§ 271 and
281-285.
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15.
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This is also an action that arises under the Lanham Act, Title 15 of the
United States Code, specifically for trademark infringement under § 1114 et seq.;
for unfair competition under § 1125 et seq.; for false advertising under § 1125 et
seq.; for state and common law trademark infringement, unfair competition, unfair
and deceptive trade practices, unjust enrichment, misappropriation and dilution.
16.
This is also an action that arises under the Federal Copyright Act, as
amended, Title 17 of the United States Code, specifically §§ 101 et seq. and 501 et
seq.
17.
This Court has jurisdiction over Plaintiff’s Patent Law claims, Federal
Copyright Act claims, and Lanham Act claims under 28 U.S.C. §§ 1331, 1332,
1338(a) and (b). This Court has supplemental jurisdiction over any common law
and state statutory claims under 28 U.S.C. § 1367, and the principles of pendent
jurisdiction.
18.
This Court has personal jurisdiction over Defendants. Upon
information and belief, Defendants conduct and solicit business within this district
and elsewhere in Michigan through, at least, their interactive website
(www.vevor.com) and third party e-commerce businesses including eBay®
(www.ebay.com) and Amazon.com® (www.amazon.com), on which sales orders
can be placed and on which Vevor uses the identical or confusingly similar mark
(“infringing FUSION Mark”) incorporating Stahls’ FUSION Mark in connection
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with
the
sale
of
goods.
The
www.vevor.com,
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www.ebay.com
and
www.amazon.com websites are accessible by Internet users throughout the
country, including users within this district and elsewhere in Michigan. Upon
information and belief, Defendants have used the infringing FUSION Mark
without authorization or consent from Plaintiff Stahls’, including in Michigan.
Defendants’ actions are aimed, at least in part, to Michigan residents. Additionally,
personal jurisdiction over Defendants is proper under M.C.L.A. §§ 600.711 and
600.715 because, upon information and belief, Defendants practice the unlawful
conduct complained of herein including, inter alia, committing wrongful acts that
are intentionally targeted at Stahls’ and Stahls’ proprietary website content
protected by the ‘968 Registration that is, at least in part, conducted in the State of
Michigan and within this District, because such unlawful conduct causes tortious
injury, at least in part, within the State of Michigan and this District, and because
Defendants purposefully avail themselves of the privileges of acting in this District
by one or more of the Defendants soliciting business within the State of Michigan
and this District, including the offering either directly or indirectly of targeted
advertising and targeted offers for sale incorporating the infringing FUSION Mark.
19.
Upon information and belief, personal jurisdiction over Defendants
also comports with the United States Constitution and M.C.L.A. §§ 600.711 and
600.715 because Defendants conduct and solicit business within this district and
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derive substantial revenue from the sales of their products within this district and
elsewhere in Michigan, including the commission of acts of infringement that
infringe one or more claims of the ‘739 Patent.
20.
Venue in this district is proper pursuant to 28 U.S.C. §§ 1391 and
1400.
GENERAL ALLEGATIONS
PLAINTIFF’S ACTIVITIES AND PROPRIETARY RIGHTS
21.
The innovator and leader in pre-cut and custom athletic numbers,
letters and logos since its 1932 founding in the Detroit area garage of husband-andwife team A.C. and Ethel Stahl, Stahls’ is known and respected worldwide in the
sportswear, custom apparel and promotional products industries for equipment,
materials and services.
22.
Stahls’ has been and is now extensively engaged in the designing,
manufacturing, marketing and selling of heat transfer presses and related goods
(“Stahls’ Goods and Services”), under Stahls’ FUSION Mark, recognized as the
world’s first touch-screen heat press designed as a combination swinger and draw
press.
23.
Since at least 2008, Stahls’ has used its FUSION Mark. Stahls’ is the
owner of a federal trademark registration for the FUSION Mark. U.S. Registration
No. 4183393 is for “heat transfer presses; heat transfer presses for applying letters,
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numbers, graphics or designs onto garments or other substrates” with a first use
date of at least 2008. A copy of the Certificate Registration for the FUSION Mark
is attached hereto as Exhibit A.
24.
Stahls’ registration for the FUSION Mark is valid, subsisting and in
full force and effect. Pursuant to Section 7(b) of the Lanham Act, 15 U.S.C. §
1057(b), Stahls’ federal registration certificates constitute prima facie evidence of
the validity of the FUSION Mark, as well as Stahls’ ownership and exclusive right
to use the FUSION Mark in commerce in connection with the identified goods and
services.
25.
The FUSION Mark is used extensively in the United States and
elsewhere in connection with the designing, manufacturing and selling of Stahls’
Goods and Services and in various advertising and promotional media, including
the Internet, trade shows, and through various printed media. Stahls’ Goods and
Services are used in, at least, online retail, and are advertised and sold through a
website using the domain name www.stahls.com. Screenshots of Stahls’ website
(www.stahls.com) showing the FUSION Mark used in connection with the sale of
heat transfer presses are reproduced below:
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26.
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Since at least 2008, Stahls’ FUSION Mark has been widely advertised
and offered in interstate commerce throughout the United States. Stahls’ FUSION
Mark is used extensively in the United States in connection with Stahls’ Goods and
Services and in various advertising and promotional media, including the Internet.
The superior characteristics and features of Stahls’ FUSION heat press have even
been recognized as newsworthy in their own right by top media organizations. As
merely one example, an article in the New York Times from its published edition
of May 9, 2014, featured Stahls’ Goods and Services under the FUSION Mark for
its integral role in enabling the National Football League to hand each player
selected in the first round of the Draft a personalized high quality jersey in less
than two minutes. A version of the article is attached as Exhibit B from the New
York Times website along with a video illustrating the superior performance of
Stahls’ FUSION heat press. The article and the featured video is publicly
accessible at the New York Times website (www.nytimes.com) through the web
address:
http://www.nytimes.com/2014/05/09/sports/football/personalizing-
jerseys-of-top-nfl-picks-is-a-race-against-the-clock.html?ref=sports&_r=1.
27.
As a result of the quality of Stahls’ Goods and Services and the
widespread promotion thereof under the FUSION Mark, Stahls’ Goods and
Services have met with substantial commercial success and widespread consumer
recognition. As a further result, Stahls’ distinctive FUSION Mark has become
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extensively known and famous, with the FUSION Mark having become a symbol
of Stahls’, its quality products and services, and its goodwill.
28.
Stahls’ has for many years maintained successful websites including
its website (www.stahls.com) that features a wide variety of Stahls’ Goods and
Services, on which customers can place orders directly over the Internet as well as
review descriptions and specifications of the Stahls’ Goods and Services.
29.
As a result of considerable sums of money, time and effort, Stahls’
development of its website has involved creation of attractive displays and unique
product descriptions, including text, graphics and photographs, all of which serve
to promote Stahls’ Goods and Services in a favorable and attractive manner.
Among the compendium of product descriptions for Stahls’ Goods and Services
are certain original, creative and distinctive works of particular heat transfer
presses identifiable by the FUSION Mark (“Stahls’ Website Content”).
30.
At all relevant times, Stahls’ has been the holder of the exclusive
rights to Stahls’ Website Content, including derivative works. Stahls’ Website
Content is registered at the United States Copyright Office under Registration No.
TX 8-137-698. A copy of the application and an interim Registration Certificate
for Stahls’ Website Content is attached as Exhibit C.
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31.
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Stahls’ is the owner, by valid assignment, of all right, title, and
interest in and to the ‘739 Patent, including the right to seek remedies and relief for
past infringement thereof.
32.
The ‘739 Patent, titled “Heat Seal Machine With Open Throat,” was
duly and legally issued by the United States Patent and Trademark Office on April
16, 2013. A true copy of the ‘739 Patent is attached hereto as Exhibit D.
DEFENDANTS’ WRONGFUL ACTS
33.
Defendants have in the past and currently produce, market, import,
sell and/or offer to sell heat transfer presses and related goods (“Defendants’
Goods”).
34.
Defendants advertise, offer for sale, and sell at least some of such
products under the infringing FUSION Mark, including heat presses, which are
advertised in the same or similar marketing channels and channels of trade used by
Stahls’. A screenshot of Defendants’ website (www.vevor.com) prominently
featuring use of the infringing FUSION mark in connection with the sale of heat
presses is attached as Exhibit E, a portion of which is reproduced below:
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35.
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The infringing mark used by Defendants is identical and/or
confusingly similar to Stahls’ FUSION Mark. Defendants advertise, represent or
otherwise claim to manufacture or be the creator of a “Swing Draw Motion” heat
press, that purports to be a substitute of Stahls’ patented FUSION heat press.
36.
Defendants advertise, market, sell and/or offer to sell heat presses that
prominently feature use of the infringing mark on third-party websites, including
online retailers such as eBay® and Amazon®, in a deliberate effort to trade on the
goodwill inherent in Stahls’ FUSION Mark. Screenshots of Defendants’ listing on
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eBay® (www.ebay.com) and Amazon.com® (www.amazon.com) conspicuously
feature the infringing mark in connection with heat presses:
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37.
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Defendants advertise, market and solicit for sale heat presses
prominently featuring the infringing FUSION mark on social media platforms such
as Facebook® (www.facebook.com). A screenshot of Defendants’ Facebook®
account (VEVOR) exemplifies the unauthorized and confusingly similar use of the
infringing FUSION mark in connection with the sale and advertisement of heat
presses:
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38.
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Defendants’ use of the infringing FUSION Mark with the advertising
and sale of goods has caused and will continue to cause confusion, mistake or
deception as to the source or origin of Defendants’ Goods and is likely to suggest
falsely a sponsorship, connection, license, endorsement or association of
Defendants’ Goods with Stahls’, to the detriment of Stahls’ and the consuming
public.
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39.
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Defendants were able to access Stahls’ Website Content publicly
made available at least as early as 2015. Subsequent to Defendants having had
access to Stahls’ Website Content, Defendants have cloned, reproduced, displayed
and/or distributed copies of Stahls’ Website Content without Stahls’ consent or
authorization on its website (www.vevor.com). Screenshots of its website
(www.vevor.com) demonstrate that Defendants copied Stahls’ proprietary
copyrightable subject matter and committed egregious acts of false or misleading
statements of fact:
40.
As a result of Defendants misappropriation and use of Stahls’
proprietary works in Stahls’ Website Content, Defendants product description for
its heat press misrepresents that it is “hands-free auto-swing” and has “[a]ll of the
features and benefits of the Fusion heat press, now in a heavy-duty model powered
by an air compressor (not included)” when, in reality, Defendants heat press is
vastly inferior in quality and performance than that of Stahls’ FUSION Mark heat
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press, and upon information and belief, is manually powered by hand. The
misappropriation even includes the words “AIR FUSION”, which are identical to
the use of the same nomenclature including Stahls’ use of AIR in combination with
its FUSION Mark to differentiate this specialized feature from Stahls’ other
FUSION heat press when the infringing product lacks this feature. Perhaps, as
recognition of this misappropriation, apparently Defendants’ are manufacturing
and/or selling one or more private labeled heat presses under the misconception
that it has certain features that are, in fact, lacking. Indeed, as merely one example
an unsolicited video review of Defendants’ private labeled infringing product,
upon information and belief, uploaded to YouTube® (www.youtube.com)
describes it as a “cheap knockoff of the FUSION,” in reference to Stahls’ FUSION
Mark heat press, and further declares that “it does not have, not even half of the
stuff as the FUSION has [sic],” which review is publically accessible at the
YouTube website through the web address:
https://www.youtube.com/watch?v=gtIH3P8B85w.
41.
Defendants’ confusingly similar use of Stahls’ Website Content
infringes upon Stahls’ exclusive rights in the registered copyright work, and has
deprived Stahls’ of sales of Stahls’ Goods and Services, has in other respects
caused irreparable harm to Stahls’, and will continue to cause Stahls’ injury and
loss of profits unless Defendants’ infringement is enjoined by the Court.
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42.
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On information and belief, Defendants have in the past produced,
marketed, imported, distributed, sold and/or offered to sell, and currently produce,
market, import, distribute, use, sell and/or offer to sell within the United States,
including the Eastern District of Michigan, heat transfer presses, including but not
limited to product name “16x20 Inch 40x50 cm Swing Arm Air Fusion Heat Press
Transfer Machine T-shirt Sublimation” (“Defendants’ Heat Press”), that infringe
one or more of the claims of the ‘739 Patent. Defendants are importing,
manufacturing, offering to sell and/or selling in the United States to compete with
Stahls’ FUSION heat press.
COUNT I
Infringement of U.S. Patent No. 8,418,739
43.
Stahls’ incorporates by reference all allegations of Paragraphs 1-42 as
if fully set forth herein.
44.
Defendants have infringed, and continue to infringe, directly,
contributorily, and/or actively induce infringement of the ‘739 Patent in violation
of 35 U.S.C. § 271 by making, using, distributing, offering to sell, selling and/or
importing heat transfer presses, including the Defendants’ Heat Press that also, on
information and belief, encompasses a number of private labeled heat presses
including, but not limited to, the EnduraPRESS heat press, upon which one or
more of the claims of the ‘739 Patent cover, without authority to do so.
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45.
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Defendants are infringing one or more claims of the ‘739 Patent
literally, or under the doctrine of equivalents, by making, using, distributing,
offering to sell, selling and/or importing the Defendants’ Heat Press and/or private
labeled heat presses.
46.
On information and belief, Defendants are infringing at least claim 12
of the ‘739 Patent literally by way of Defendants’ express admission on its website
(www.vevor.com) that Defendants’ Heat Press has a Liquid Crystal Display
control panel with functionality to store settings and provide live digital time,
temperature and pressure readout.
47.
Stahls’ has been and will continue to be pecuniarily and irreparably
damaged by Defendants’ infringement, including diversion of customers, lost sales
and lost profits, unless this Court enjoins Defendants from continuing their
infringement pursuant to 35 U.S.C § 283.
48.
Because Defendants’ actions, on information and belief, were carried
out intentionally, willfully and/or deliberately in violation of Stahls’ rights, this is
“exceptional case” pursuant to 35 U.S.C § 285 and Stahls’ is entitled to attorney’s
fees and costs.
49.
out intentionally, willfully and/or deliberately in violation of Stahls’ rights, Stahls’
is entitled to an award of treble damages under 35 U.S.C § 284.
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COUNT II
Federal Trademark Infringement
15 U.S.C. § 1114
50.
51.
The unauthorized appropriation and use by Defendants in commerce
of the infringing FUSION Mark, which is identical to or confusingly similar to
Stahls’ FUSION Mark, in connection with goods and services that are either
identical or similar in type to those offered by Stahls’ is likely to cause confusion,
mistake or deception as to the origin, sponsorship, or approval of Stahls’ goods and
commercial activities, and thus infringes Stahls’ rights in its federally registered
mark under 15 U.S.C. § 1114. Defendants’ actions have been carried out in willful
disregard of Stahls’ rights in violation of Section 32 of the Lanham Act, 15 U.S.C.
§ 1114.
52.
Because Defendants’ wrongful acts have and will continue to
irreparably injure Stahls’, Stahls’ FUSION Mark and the reputation and goodwill
associated therewith. Stahls’ will continue to be irreparably harmed unless
Defendants’ are restrained from further infringement of the FUSION Mark under
Section 34(a) of the Lanham Act, 15 U.S.C. § 1116(a).
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53.
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is entitled to an award of treble damages under Section 35(a) of the Lanham Act,
15 U.S.C. § 1117(a).
54.
As a direct and proximate result of Defendants’ action, this is an
exceptional case, and thus Stahls’ is entitled to an award of attorney’s fees and
costs under Section 35(a) of the Lanham Act, 15 U.S.C. § 1117(a).
COUNT III
Federal Unfair Competition
15 U.S.C. § 1125(a)
55.
56.
The unauthorized use by Defendants of the infringing FUSION Mark
for heat press transfer goods is likely to cause the public to mistakenly believe that
such goods originate from, are endorsed by or are in some way affiliated with
Stahls’ and thus constitutes trademark infringement, false designation of origin,
passing off, and unfair competition and is likely to cause Stahls’ FUSION Mark to
lose its significance as an indicator of origin. Defendants’ actions are in violation
of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
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57.
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On information and belief, the unauthorized appropriation of Stahls’
FUSION Mark by Defendants as set forth above is a part of a deliberate plan to
trade on the valuable goodwill established by Stahls’ FUSION Mark. The actions
of Defendants have been carried out in willful disregard of Stahls’ rights in
violation of 15 U.S.C. § 1125(a).
58.
By reason of Defendants’ actions, Stahls’ has suffered and will
continue to suffer irreparable harm to the FUSION Mark, unless Defendants’ are
restrained from further infringement of the FUSION Mark under Section 34(a) of
the Lanham Act, 15 U.S.C. § 1116(a).
59.
15 U.S.C. § 1117(a).
60.
As a direct and proximate result of Defendants’ actions, on
information and belief, this is an exceptional case, and thus entitled to an award of
attorney’s fees and costs under Section 35(a) of the Lanham Act, 15 U.S.C. §
1117(a).
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COUNT IV
Federal False Advertising
15 U.S.C. 1125(a)
61.
62.
Defendants in interstate commerce, market, advertise, represent and
otherwise claim to manufacture or be the creator of a “Swing Draw Motion” heat
press, that is a substitute of Stahls’ patented FUSION Mark heat press. Defendants
product description for its heat press misrepresents that it is “hands-free autoswing” and has “[a]ll of the features and benefits of the Fusion heat press, now in a
heavy-duty model powered by an air compressor (not included)” when, in reality,
Defendants heat press is vastly inferior in quality and performance than that of
Stahls’ FUSION Mark heat press, and upon information and belief, is manually
powered by hand. The misappropriation even includes the words “AIR FUSION”,
which are identical to the use of the same nomenclature including Stahls’ use of
AIR in combination with its FUSION Mark to differentiate this specialized feature
from Stahls’ other FUSION heat press when the infringing product lacks this
feature. Additionally, Defendants’ false and misleading statements that its heat
press has a Liquid Crystal Display control panel with functionality to store settings
and provide live digital time, temperature and pressure readout go to an inherent
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quality or characteristic of Defendants’ product. Upon further information and
belief, Defendants’ false and misleading statements have influenced consumers’
purchasing decisions in this District and elsewhere and will continue to do so
unless enjoined by this Court.
63.
Defendants intend for its heat press to be a substitute product for
64.
Defendants intend consumers and businesses to rely on this
information and to form the belief that Defendants’ heat press is a substitute for
65.
Defendants’ advertisements, representations, and promotional claims
about its heat press are literally and/or impliedly false and misleading and tend to
deceive a relevant portion of consumers.
66.
Defendants’ have violated 15 U.S.C. §1125(a) which provides in
relevant part that “any person who, on or in connection with any goods or services,
. . uses in commerce any . . . false or misleading description of fact or misleading
representation of fact, which . . . in commercial advertising or promotion,
misrepresents the nature, characteristics, qualities, or geographic origin of his or
her or another person’s goods, services, or commercial activities, shall be liable to
a civil action by any person who believes that he or she is likely to be damaged by
such act.”
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67.
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By reason of Defendants’ conduct, Stahls’ will continue to suffer
irreparable harm to its business, its FUSION Mark, its reputation and goodwill,
unless Defendants’ are enjoined by this Court under Section 34(a) of the Lanham
Act, 15 U.S.C. § 1116(a).
68.
Pursuant to 15 U.S.C. § 1117, Stahls’ is entitled to damages for
Defendants’ Lanham Act violations, an accounting of profits made by Defendant
on sales of the infringing mark products and recovery of Stahls’ costs and
reasonable attorneys’ fees incurred in this action.
69.
15 U.S.C. § 1117(a).
70.
As a direct and proximate result of Defendants’ actions, this is an
costs under Section 35(a) of the Lanham Act, 15 U.S.C. § 1117(a).
COUNT V
Federal Copyright Infringement
17 U.S.C. §501
71.
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72.
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Stahls’ is the creator of unique and distinctive works including Stahls’
Webpage Content containing original material that is copyrightable subject matter
protected under the Copyright Laws of the United States.
73.
Defendants have intentionally cloned, reproduced, distributed copies
of, prepared derivative works, and/or promoted illegal and unauthorized copies of
Stahls’ Website Content and, even if fleeting or ephemeral, the unauthorized
display of cloned and/or derivative work based upon Stahls’ Website Content is in
violation of Stahls’ exclusive rights in its copyright pursuant to 17 U.S.C. § 501(a).
74.
By reason of Defendants’ actions, Defendants have directly,
contributorily and/or actively induced infringement of Stahls’ Website Content as
protected under Copyright Registration TX 8-137-968, and will continue to do so
in this District and elsewhere throughout the United States to the irreparable
damage of Stahls’ unless enjoined by this Court pursuant to 17 U.S.C. § 502.
75.
Because Defendants’ actions, upon information and belief, were
carried out intentionally, willfully and/or deliberately in violation of Stahls’
proprietary and exclusive rights in its copyright, Stahls’ is entitled to increased
statutory damages of $150,000 per infringing act pursuant to 17 U.S.C. §
504(C)(2).
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76.
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As a direct and proximate result of Defendants’ actions, this is an
costs under 17 U.S.C. § 505.
COUNT VI
Common Law Unfair Competition, Misappropriation
And Trademark Infringement
77.
78.
Defendants have used the infringing FUSION Mark in a manner that
is likely to cause confusion, to cause mistake or to deceive, as to the origin,
sponsorship, or approval of Defendants’ products and commercial activities.
79.
By its aforesaid conduct calculated to increase business and profits by
deceiving and confusing members of the public, Defendants continue to
misappropriate the valuable goodwill of Stahls’ FUSION Mark, to infringe Stahls’
rights therein, and to unfairly compete with Stahls’ under the laws of Michigan.
80.
Stahls’ has suffered and will continue to suffer actual damages unless
Defendants’ conduct is enjoined.
81.
out intentionally, willfully and/or deliberately in violation of Stahls’ rights, an
award of exemplary and/or punitive damages is justified.
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COUNT VII
Common Law Dilution
82.
83.
Defendants’ advertising and sale of goods under the infringing
FUSION Mark has and is continuing to cause injury to the business reputation of
Stahls’ and dilute the distinctive quality of Stahls’ FUSION Mark in violation of
the laws of Michigan.
84.
85.
COUNT VIII
Violation of M.C.L.A. § 445.901 et seq.
Michigan Consumer Protect Act
86.
87.
Defendants, through their above-described conduct, have engaged in
unlawful, unfair and fraudulent business practices within the meaning of the
29
Pg ID 30
Michigan Consumer Protection Act, M.C.L.A. § 445.901 et seq. by causing a
probability of confusion as to the source, sponsorship, approval or certification of
Defendants’ Goods.
88.
Defendants’ advertisements and marketing materials for Defendants’
heat press contains false and misleading statements in violation of the Michigan
Consumer Protection Act, M.C.L.A. § 445.901 et seq., by misrepresenting that
Defendants’ goods have characteristics, uses or benefits that they do not have.
89.
Defendants in this District market, advertise, represent and otherwise
claim to manufacture or be the creator of a “Swing Draw Motion” heat press, that
is a substitute of Stahls’ patented FUSION heat press.
Defendants product
description for its heat press misrepresents that it is “hands-free auto-swing” and
has “[a]ll of the features and benefits of the Fusion heat press, now in a heavy-duty
model powered by an air compressor (not included)” when, in reality, Defendants
heat press is vastly inferior in quality and performance than that of Stahls’
FUSION Mark heat press, and upon information and belief, is manually powered
by hand. The misappropriation even includes the words “AIR FUSION”, which
are identical to the use of the same nomenclature including Stahls’ use of AIR in
combination with its FUSION Mark to differentiate this specialized feature from
Stahls’ other FUSION heat press when the infringing product lacks this feature.
Additionally, Defendants’ false and misleading statements that its heat press has a
30
Pg ID 31
Liquid Crystal Display control panel with functionality to store settings and
provide live digital time, temperature and pressure readout go to an inherent
quality or characteristic of Defendants’ product. Upon further information and
belief, Defendants’ false and misleading statements have influenced consumers’
purchasing decisions in this District and elsewhere and will continue to do so
unless enjoined by this Court.
90.
91.
COUNT IX
Unjust Enrichment
92.
93.
Defendants are being unjustly enriched to the damage and irreparable
harm of Stahls’.
REQUESTED RELIEF
WHEREFORE, Plaintiff Stahls’ Inc., d/b/a GroupeSTAHL, prays for entry
of judgment from this Court that:
31
Pg ID 32
a. United States Patent No. 8,418,739 was duly and legally issued, and is
valid and enforceable;
b. Defendants have directly and/or contributorily infringed United States
Patent No. 8,418,739, and/or actively induced infringement of United
States Patent No. 8,418,739 by others;
c. Defendants, and those acting in active concert, be preliminarily and
permanently enjoined from engaging in any further acts of infringement
of United States Patent No. 8,418,739;
d. Stahls’ be awarded damages adequate to compensate for the patent
infringement by Defendants pursuant to 35 U.S.C. § 284, together with
prejudgment interest;
e. Defendants’ patent infringement has been willful, thereby entitling
Stahls’ to recover treble damages, pursuant to 35 U.S.C. § 284;
f. The patent infringement by Defendants has been such as to render this
action exceptional, and Stahls’ be awarded reasonable attorney’s fees,
pursuant to 35 U.S.C. § 285;
g. Stahls’ is the owner of the entire right, title and interest in and to the
FUSION Mark;
32
Pg ID 33
h. Stahls’ FUSION Mark is valid, enforceable and violated by Defendants
and that Defendants have violated and are violating other relevant federal
and state laws and regulations;
i. Defendants, their agents, servants, employees, attorneys, and all persons
in active concert or participation with them, be preliminarily and
permanently enjoined and restrained from (1) using Stahls’ FUSION
Mark, any designations incorporating the foregoing and any variations
thereof; and (2) otherwise infringing Stahls’ FUSION Mark and
competing unfairly with Stahls’, pursuant to 15 U.S.C. § 1116(a) ;
j. Defendants willfully infringed Stahls’ trademark rights, thereby entitling
Stahls’ to an award of treble damages under Section 35(a) of the Lanham
Act, 15 U.S.C. § 1117(a);
k. The Lanham Act violation by Defendants has been such as to render this
action exceptional, and Stahls’ be awarded reasonable attorney’s fees and
costs, pursuant to 15 U.S.C. § 1117(a);
l. Defendants be held to have infringed Stahls’ copyright and an increased
award of increased statutory damages for willful infringement pursuant to
17 U.S.C. § 504;
m. Defendants be required to pay Stahls’ costs of this action along with
attorney’s fees as is permitted under 17 U.S.C. § 505;
33
Pg ID 34
n. Defendants be required to pay actual damages plus reasonable attorney’s
fees pursuant to M.C.L.A. § 445.911;
o. Defendants be required to pay Stahls’ such damages, statutory or
otherwise, together with prejudgment interest thereon, that Stahls’ has
sustained as a consequence of Defendants’ wrongful acts, and to account
for and return to Stahls’ monies, profits and advantages wrongfully
gained by Defendants;
p. All damages sustained by Stahls’ be trebled;
q. Defendants be required to pay to Stahls’ punitive and exemplary
damages;
r. Defendants be required to pay to Stahls’ all attorney’s fees, expenses and
costs incurred in this action; and
s. Stahls’ be awarded such other and further relief as this Court may deem
to be just and proper.
34
Pg ID 35
JURY DEMAND
Plaintiff, Stahls’ Inc., d/b/a GroupeSTAHL hereby makes demand for a jury
trial pursuant to Rule 38 of the Federal Rules of Civil Procedure as to all issues
triable to a jury of this lawsuit.
Respectfully submitted,
FISHMAN STEWART PLLC
Dated: January 21, 2016
/s/ Michael B. Stewart (P45318)
Michael B. Stewart (P45318)
Kameron F. Bonner (P78020)
Attorneys for Plaintiff
39533 Woodward Avenue, Suite 250
Bloomfield Hills, MI 48304
Tel: (248) 594-0600
Fax: (248) 594-0610
35
Pg ID 36
CERTIFICATE OF SERVICE
I hereby certify that on January 21. 2016, I electronically filed the foregoing
paper with the Clerk of the United States District Court, Eastern District of
Michigan, using the CM/ECF system, which shall send notification of such filing
to all counsel of record.
/s/ Michael B. Stewart (P45318)
Michael B. Stewart (P45318)
Kameron F. Bonner (P78020)
FISHMAN STEWART PLLC
39533 Woodward Avenue
Bloomfield Hills, MI 48304
248-594-0650
[email protected]
[email protected]
Attorneys for Plaintiff
36
2:16-cv-10204-SJM-EAS Doc # 1-1 Filed 01/21/16 Pg 1 of 2
Pg ID 37
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
STAHLS’ INC.,
d/b/a GroupeSTAHL,
a Michigan corporation,
Plaintiff,
v.
VEVOR CORPORATION,
SHANGHAI SISHUN MACHINERY
EQUIPMENT CO., LTD.,
a Chinese corporation,
Hon.
Civil Action No.
JURY TRIAL DEMANDED
and
SANVEN CORPORATION,
Defendants.
EXHIBIT LIST TO COMPLAINT FOR PATENT INFRINGEMENT,
FEDERAL TRADEMARK INFRINGEMENT, FEDERAL UNFAIR
COMPETITION, FEDERAL FALSE ADVERTISING, FEDERAL
COPYRIGHT INFRINGEMENT, AS WELL AS UNFAIR COMPETITION,
MISAPPROPRIATION AND TRADEMARK INFRINGEMENT,
DILUTION, DECEPTIVE TRADE PRACTICES AND UNJUST
ENRICHMENT UNDER STATE AND/OR COMMON LAW AND
DEMAND FOR JURY TRIAL
Exhibit A: United States Trademark Registration No. 4,183,393;
Exhibit B: New York Times Article;
Exhibit C: United States Copyright Application and Registration
No. TX 8-137-698;
Exhibit D: United States Patent No. 8,418,739; and
Exhibit E:
Website page from www.vevor.com.
Pg ID 38
EXHIBIT A
Pg ID 39
Pg ID 40
Pg ID 41
EXHIBIT B
Pg ID 42
1/19/2016
Personalizing Jerseys of Top N.F.L. Picks Is a Race Against the Clock The New York Times
2:16-cv-10204-SJM-EAS
Doc # 1-3 Filed 01/21/16 Pg 2 of 5 Pg ID 43
http://nyti.ms/1fSM466
PRO FOOTBALL
Personalizing Jerseys of Top N.F.L.
Picks Is a Race Against the Clock
By KEN BELSON
MAY 8, 2014
The firstround picks that attend draft day at Radio City Music Hall have
plenty of reasons to smile: instant renown, multimilliondollar contracts, the
dream job.
But Leo Kane, who runs the N.F.L.’s consumer products division, noticed
the players had expressed a tinge of disappointment, too, when they came on
stage to shake hands with Commissioner Roger Goodell and receive their No. 1
jersey. As they walked offstage, the players often held the jersey like a rag doll.
So two years ago, Kane and Nike, which had just become the official
apparel provider for the league, decided to personalize the jerseys so that Eric
Fisher, E J Manuel and other top picks could admire their last names on them.
“We realized it should be a much more special moment,” Kane said.
The small addition, though, created a logistical challenge: how to
personalize a jersey moments after a player is drafted and before he walked on
stage. The answer was a mix of preparation, practice and sleight of hand,
http://www.nytimes.com/2014/05/09/sports/football/personalizingjerseysoftopnflpicksisaraceagainsttheclock.html?ref=sports&_r=2
1/4
1/19/2016
2:16-cv-10204-SJM-EAS
helped by the wonders of television.
Behind the curtains stage right, Nike has a work space about the size of a
kitchen in a Manhattan apartment. Hanging on racks in one corner are jerseys
for each of the 32 teams. There are six jerseys for teams that have two picks in
the first round — the Cleveland Browns and the St. Louis Rams this year — and
four jerseys for every other team. Teams, of course, can trade for picks, which
is one reason Nike keeps extras on hand.
After a team makes its firstround pick, the name of the player is
broadcast internally to N.F.L. personnel, one of whom is in the jersey booth.
This gives Nike a head start because the decision is not announced to the fans
in Radio City and watching on television for another minute or so. There is an
additional buffer because after the commissioner reads the draft pick’s name,
the player hugs his family and friends in the green room, where they have been
waiting. The announcement of a pick may also be delayed if ESPN or NFL
Network, which both cover the draft live, go to commercial break.
Workers from Stahls’, a company that specializes in personalizing sports
gear that is hired by Nike, then jump into action. In advance, they made
nameplates for each of the 30 prospects at Radio City in the color scheme that
matches each of the 32 teams’ jerseys, or 960 nameplates in all.
When the Chicago Bears make their pick, for example, a bag with
nameplates for each player is retrieved. The draft pick’s nameplate is taken out
of a clear bag and given to another person who has put a Bears jersey on a
thermal transfer press. The cover on the press is lowered tight on the jersey
and held for five seconds at 350 degrees Fahrenheit to remove any moisture or
wrinkles.
The cover is then lifted and a nameplate made of polyester PermaTwill is
positioned above the number on the back and is covered with a Teflon sheet to
protect the rest of the jersey. The cover is held closed for another 20 seconds so
the adhesive on the back of the nameplate can stick to the jersey. After the
2/4
1/19/2016
2:16-cv-10204-SJM-EAS
cover is lifted, a plastic strip is peeled off the nameplate.
In all, it takes about two minutes to personalize each jersey, which is then
folded and handed to a selected fan of that team, who carries it on stage to the
commissioner.
Later, Stahls’ will personalize a second jersey that is given to a trading
card company that will cut it into little pieces and include them in a set of
commemorative cards. Any remaining jerseys are given to the N.F.L., which
donates them to charity.
There is, of course, no guarantee that all 30 players at Radio City will be
picked in the first round. Geno Smith, expected to be a firstround pick, was
drafted by the Jets in the second round last season. Kane said the N.F.L. had
not decided how to commemorate an experience that some topranked players
consider deflating. There is no thought of handing out No. 2 jerseys.
While the first night of the draft is televised in prime time, and many first
round picks are already established stars, the draft does not provide a major
boost in jersey sales. The problem is that many teams do not decide for days if
not weeks what number their draftees will wear. Sometimes, the numbers the
draft picks desire are retired or are worn by another player on the team, and
they must negotiate for it.
Fanatics.com, the largest online seller of licensed team gear, said there
was a bump in sales of N.F.L. merchandise during draft week, but a more
significant spike occurs in August. Still, “we can safely assume that wherever
Johnny Football goes, we will be selling jerseys in May,” Kane said, referring to
Johnny Manziel.
Ahead of the draft, sales in shops in New York have been strong this year,
according to Mitch Modell, the chief executive of Modell’s Sporting Goods.
With both New York baseball teams on the road and only one New Yorkarea
hockey team in the playoffs, he said, fans seem to have been more focused on
3/4
1/19/2016
2:16-cv-10204-SJM-EAS
football.
“You would have thought it was a Super Bowl all over again,” Modell
added.
Nike’s socalled elite jerseys, which retail for $295, are not the only
products showcased in prime time. Each player also receives a New Era cap
when he exits the green room on the other end of the stage. On Tuesday, Dave
Aichinger, the senior manager of the team services group at New Era,
measured the heads of all the players who will attend the draft.
In an even smaller room than Nike has, Aichinger and his team have 14
sizes of 59/Fifty caps for each team, ranging from 6‡ to 8 ½. When a player is
chosen, they check a list to find his cap size, and then pull that cap out the
boxes of hats set aside for his new team.
The only hiccup is when a player decides to get a haircut or wear his hair
longer than he did two days earlier during the cap fitting.
“We had a couple of surprises a few times,” Aichinger said with a chuckle.
While the player is on stage, his family and friends in the green room are
given nonfitted New Era caps. Once the player returns from meeting the
commissioner, his cap is taken away and later chopped into small pieces by the
collectible card company. Of course, he is given a replacement cap to wear the
rest of the night.
A version of this article appears in print on May 9, 2014, on page B12 of the New York edition with
the headline: Personalizing Jerseys Is a TwoMinute Drill.
© 2016 The New York Times Company
4/4
EXHIBIT C
Pg ID 47
Registration #:
Service Request #:
Fishman Stewart PLLC
Michael Stewart
39533 Woodward Ave., Suite 140
Bloomfield Hills, MI 48304 United States
TX0008137968
1-3041443031
Pg ID 48
Pg ID 49
Registration Number
TX 8-137-968
Effective Date of Registration:
January 14, 2016
Title
Title of Work:
Stahls' Website Content
Completion/Publication
Year of Completion:
Date of 1st Publication:
Nation of 1st Publication:
2015
September 06, 2015
United States
Author
•
Author:
Author Created:
Work made for hire:
Citizen of:
Domiciled in:
Stahls' Inc.
text
Yes
United States
United States
Copyright Claimant
Copyright Claimant:
Stahls' Inc.
201 W. Big Beaver RD., Ste. 500, Troy, MI, 48084, United States
0
0
Certification
Name:
Date:
Applicant's Tracking Number:
Date:
Melissa R. Atherton, Associate Attorney - Fishman Stewart PLLC
January 14, 2016
66544-0074
January 14, 2016
Approved
Page 1 of 1
Registration #:
Service Request #:
Pg ID 50
*-APPLICATION-*
1-3041443031
Mail Certificate
Michael Stewart
Priority: Special Handling
Application Date: January 14, 2016
Note to C.O.: The date of first publication for this Work is at least as early as indicated in the application.
Correspondent
Organization Name:
Name:
Email:
Telephone:
Alt. Telephone:
Fax:
Address:
Michael Stewart
[email protected]
(248)594-0633
(248)593-3306
(248)594-0610
Pg ID 51
Registration Number
*-APPLICATION-*
Title
Title of Work:
Stahls' Website Content
Completion/Publication
Year of Completion:
Date of 1st Publication:
Nation of 1st Publication:
2015
September 06, 2015
United States
Author
•
Author:
Author Created:
Work made for hire:
Citizen of:
Domiciled in:
Stahls' Inc.
text
Yes
United States
United States
Copyright Claimant
Copyright Claimant:
Stahls' Inc.
201 W. Big Beaver RD., Ste. 500, Troy, MI, 48084, United States
0
0
Certification
Name:
Date:
Applicant's Tracking Number:
Date:
Melissa R. Atherton, Associate Attorney - Fishman Stewart PLLC
January 14, 2016
66544-0074
January 14, 2016
Pending
Page 1 of 1
1/14/2016
Air Fusion Heat Press Hotronix | Stahls'
2:16-cv-10204-SJM-EAS Doc
# 1-4 Filed 01/21/16 Pg 6 of 12
Pg ID 52
Ted's Blog
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The world's most advanced heat press - now even more advanced!
All of the features and benefits of the Fusion heat press, now in a heavy-duty model
powered by an air compressor (not included). Upper platen measures 16" x 20".
Available in Pedestal and Table Top models.
Air power reduces operator fatigue in high-volume shops
Hands-free auto-swing creates a heat-free workspace
Stores hundreds of application settings
Auto Adjust Pressure™ with four programmable settings automatically adjusts
to the thickness of the item you're printing
Threadability™ increases production – load garments once and easily rotate
from front to back
Adjustable stand creates an ergonomic workspace for multiple users
Download this flyer for details on the Air Fusion Print More Package
Schedule an online demonstration
roll over image to zoom
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Additional Features
Exclusive Touch Screen Controller with new
Multi-swipe gestures.
Data interface port for software upgrades.
Live digital time, temperature, and pressure
readout.
Energy-saving 4 hr sleep mode.
Production cycle counter.
UL/ULC/CE/RoHS compliant.
Available in 110v or 220v.
3/4 inch heat platen with fast recovering
heater technology.
Die pressure cast 356 aluminum corrosionfree framework.
*Requires air compressor (not included) with minimum
1/2 horse power and 5 gallon hold tank. Uses 2.3 CFM.
For more information, download the Air Fusion heat press brochure.
Print these 6 Heat Press Care Tips and keep them close to your
heat press to help keep it in shape.
http://www.stahls.com/airfusionheatpress
Benefits
Multiple time and pressure settings make
application a breeze.
Program and store frequently used
applications.
Innovative EZ-On platen design eliminates
the need for pillows or pads.
120 PSI for heavy pressure application.
User-safe two-hand operation.
Digital read-outs.
Optional smaller interchangeable platens.
Proudly made in the USA.
Premier warranty.
Hotronix Premier Warranty
Lifetime Warranty on Heating Element
5 yr on Framework
2 yr on Circuit board
1 yr parts/labor
1/2
1/14/2016
# 1-4 Filed 01/21/16 Pg 7 of 12
Pg ID 53
Operators Manual
Download the Hotronix Air Fusion Operators Manual.
Manual del usuario (Español)
Educational videos View All Videos >
Hotronix Heat Press Special - Air
Fusion Print More Package
9:52
The Hotronix Air Fusion
http://www.stahls.com/air-fusionheat-press provides the ultimate in...
Overview of Heat Printing
Accessories
Air Fusion Heat Press
Close Up: Hotronix® Dual Air
Fusion Heat Press™
6:57
8:05
5:03
The latest innovation in heat
presses.....the Hotronix® Air Fusion™.
This heat press features the best of...
Learn how to use various heat printing
accessories including: Flexible
Application Pad, Kraft Paper, Quick...
The Stahls' Hotronix® Dual Air Fusion
Heat Press™...
Recommended For You
Both swing-away and
draw presses in one...
Cut your production time
in half.
Makes Hotronix® and
MAXX® clam presses...
Protects the upper platen
and leaves a smooth...
For pre-2014 Hotronix
and MAXX heat presses.
Go >
Go >
Go >
Go >
Go >
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Enter your email address
Subscribe
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© 2016 Stahls' ID Direct
All International Rights Reserved
2/2
1/14/2016
# 1-4 Filed 01/21/16 Pg 8 of 12
Pg ID 54
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Home | Heat Presses, Cutters & DTG > Hotronix Heat Presses > Air Fusion
CAD-CUT MATERIAL,
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PRINT/CUT, DTG
FAVORITES
add to favorites
The world's most advanced heat press - now even more advanced!
All of the features and benefits of the Fusion heat press, now in a heavy-duty model
powered by an air compressor (not included). Upper platen measures 16" x 20".
Available in Pedestal and Table Top models.
Air power reduces operator fatigue in high-volume shops
Hands-free auto-swing creates a heat-free workspace
Stores hundreds of application settings
Auto Adjust Pressure™ with four programmable settings automatically adjusts
to the thickness of the item you're printing
Threadability™ increases production – load garments once and easily rotate
from front to back
Adjustable stand creates an ergonomic workspace for multiple users
Download this flyer for details on the Air Fusion Print More Package
Hotronix Pedestal Air Fusion ($4150.00)
Qty: 1
ADD TO CART >
TECH SPECS
STYLES AVAILABLE
Air Fusion
AIR COMPRESSOR
QUESTIONS & ANSWERS
REVIEW
Table Top Air Fusion
1/3
1/14/2016
# 1-4 Filed 01/21/16 Pg 9 of 12
Pg ID 55
With the same great features, including touch screen controller, semiautomatic operation, and Threadability™, the Table Top Air Fusion harnesses
the power and convenience of the Air Fusion into a space-saving unit.
• Tapered roller bearings with progressive stop dampers for smooth swing
operation.
• The industry's only adjustable-height stand.
Specifications:
Actual Dimensions: 34" x 18" x 24"
Actual Weight: 126 lbs
Shipping Dimensions: 37" x 24" x 27"
Shipping Weight: 154 lbs
Specifications:
Actual Dimensions: 40" x 32" x 57"
Actual Weight: 152 lbs
Shipping Dimensions: 48" x 40" x 58"
Shipping Weight: 245 lbs
Note: Actual Dimensions reflect stand at maximum height.
5 yr on Framework
1 yr Parts/Labor
Operators Manual
Download the Hotronix Air Fusion Operators Manual.
Hotronix Heat Press Special - Air
Fusion Print More Package
9:52
The Hotronix Air Fusion
http://www.stahls.com/air-fusionheat-press provides the ultimate in...
Overview of Heat Printing
Accessories
Air Fusion Heat Press
Close Up: Hotronix® Dual Air
Fusion Heat Press™
6:57
8:05
5:03
The latest innovation in heat
presses.....the Hotronix® Air Fusion™.
This heat press features the best of...
Learn how to use various heat printing
accessories including: Flexible
Application Pad, Kraft Paper, Quick...
The Stahls' Hotronix® Dual Air Fusion
Heat Press™...
Recommended For You
Both swing-away and
draw presses in one...
in half.
Makes Hotronix® and
MAXX® clam presses...
For pre-2014 Hotronix
and MAXX heat presses.
Go >
Go >
Go >
Go >
Go >
Helpful Links
Stahls' Brands
Memberships
Upload Your Artwork
Stahls' Blog
Stahls' Canada
ASI
Live Support
Facebook
BBB
Customer Support
Twitter
Stahls' Hotronix®
PPAI
Contact Us
Pinterest
Transfer Express®
SGIA
View Catalog
LinkedIn
Great Dane Graphics
SFIA
Connect With Us
2/3
1/14/2016
# 1-4 Filed 01/21/16 Pg 10 of 12
Stahls' Events
Instagram
The Wild Side
Testimonials
YouTube
CadworxLIVE®
Promotions
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Stahls' TV
GroupeSTAHL
Subscribe
Pg ID 56
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# 1-4 Filed 01/21/16 Pg 11 of 12
Pg ID 57
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The world's most advanced heat press.
The industry's first heat press equipped with touch screen technology and the only
heat press with a patented dual function. This advanced innovation provides you
with the benefits of both swinger and draw style heat presses.
Patented dual function: Operates as a swing or draw press for a heat-free
workspace
Touch screen technology lets you easily set time, temperature, and pressure
Unlimited preset programs
Live digital time, temperature, and pressure readout
Threadability™ makes it easy to load garments onto the lower platen and print
front, back, and sides
Available in 16" x 20" platen
Download this flyer for details on the Fusion Print More Package
16" x 20" ($2100.00)
Qty: 1
ADD TO CART >
TECH SPECS
QUESTIONS & ANSWERS
REVIEW
Technical Specifications
Additional Features
Multiple time settings.
Auto on/off setting.
Multi-level password settings.
Energy-saving 4 hour sleep mode.
Production cycle counter.
Available in eight languages.
3/4" thick non-stick coated upper platen.
Set to F° or C°
Easy-to-install interchangeable platens.
Live digital time, temperature, and pressure
readout.
Temperature range 32°F – 430°F
UL/ULC/CE/RoHS compliant.
Available in 110v or 220v.
Cast-aluminum frame.
Premium warranty.
http://www.stahls.com/fusionheatpress
5 yr on Framework
1 yr parts/labor
Operators Manual
Download the Hotronix Fusion Operators Manual.
Print these 6 Heat Press Care Tips and keep them close to your
heat press to help keep it in shape.
1/2
1/14/2016
2:16-cv-10204-SJM-EAS DocFusion Heat Press Hotronix | Stahls'
# 1-4 Filed 01/21/16 Pg 12 of 12
Pg ID 58
Hotronix® Fusion™ Heat Press Top Ten Features
Fusion Heat Press by Hotronix
3:29
Hotronix Fusion heat press Swinger & draw press in one.
9:47
This video from (
http://www.stahls.com ) highlights the
top 10 features of the new...
Go in-depth and see the Hotronix
Fusion Heat Press in action.
Hotronix® Fusion™ Heat Press
Demonstration
4:02
9:47
Hotronix Fusion - heat press overview.
This all-new heat transfer press
combines the practicality of a...
The world's leading heat press
manufacturer
http://www.hotronix.com introduces...
Recommended For You
Cutting edge technology
for heavy duty heat...
in half.
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and garments.
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2/2
EXHIBIT D
Pg ID 59
Pg ID 60
US008418739B2
(12) Unlted States Patent
(10) Patent No.:
Robinson
(45) Date of Patent:
(54)
HEAT SEAL MACHINE WITH OPEN THROAT
(75)
Inventor:
(56)
Benjamin B. Robinson, Smith?eld, PA
References Cited
5,252,171 A *
(73)
Assignee: Stahls’ Inc., St. Clair Shores, MI (US)
(*)
Notice:
Subject to any disclaimer, the term of this
patent is extended or adjusted under 35
U.S.C. 154(b) by 258 days.
EP
EP
FR
2836151
8/2003
WO-2008/107742
9/2008
OTHER PUBLICATIONS
Man 19, 2010
Partial International Search Report for PCT/US2010/050017.
Prior Publication Data
US 2011/0076079 A1
Anderson et al. ........ .. 156/583.1
FOREIGN PATENT DOCUMENTS
0983848
300%
2218574
8/2010
(21) APP1-NO-I 12/727,963
(65)
10/1993
2005/0278984 A1
12/2005 Kenney
2007/0017641 A1 * 1/2007 Kenney ~~~~~~~~~~~~~~~~~~~~ ~~ 1565831
WO
Filed.
Apr. 16, 2013
US PATENT DOCUMENTS
(US)
(22)
US 8,418,739 B2
* Cited by examiner
Mar. 31, 2011
Primary Emmi” * James sells
(74) Attorney, Agent, or Firm * Rader, Fishman & Grauer
PLLC
Related US. Application Data
(57)
ABSTRACT
(60)
Provisional application No. 61/245,876, ?led on Sep.
25s 2009
A Press is described having an upper platen The PmSS
includes one piece base for support an upper rotatable support
(51)
Int.Cl.
arm and a loWer cantilever support arm. The upper support
arm 15
a te d to se 1 ect1ve
' a dP
' 1y movet11e uPP er P1 aten b etWeen
B32B 37/00
(52)
(58)
an 0 P en P os1t1on,
a P art1a
an d a c 1 ose dP 051'
"
' 11y 0 P en P os1t1on
"
(2006.01)
us CL
tion With respect to a loWer platen. A loWer cantilever support
USPC _______ __ 156/358. 156/359. 156/366. 1566831
arm con?gured to provide an open Working surface around a
Field of classi?cationssearch ’
loWer platen. A sliding mechanism disposed on the base to
selectively move the loWer platen to an open, partially open or
3 156/351
156/258, 259, 366, 580, 581, 583.1, 583.8,
156/583.9, 358, 359
See application ?le for complete search history.
10
closed position.
19 Claims, 6 Drawing Sheets
US. Patent
Apr. 16, 2013
Sheet 1 of6
US 8,418,739 B2
a
I’
1 3.
Pg ID 61
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1
US. Patent
Apr. 16, 2013
Sheet 2 of6
Pg ID 62
US 8,418,739 B2
US. Patent
Apr. 16, 2013
Sheet 3 of6
US 8,418,739 B2
59
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FIG. 4
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Pg ID 63
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US. Patent
Apr. 16, 2013
Sheet 4 of6
FIG. 6
Pg ID 64
US 8,418,739 B2
US. Patent
Apr. 16, 2013
Sheet 5 of6
Pg ID 65
US 8,418,739 B2
US. Patent
Apr. 16, 2013
Sheet 6 0f 6
US 8,418,739 B2
2
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Pg ID 67
US 8,418,739 B2
1
2
HEAT SEAL MACHINE WITH OPEN THROAT
arm adapted to selectively sWivel the upper platen creating an
open load area as Well as to selectively move the upper platen
betWeen an open and a closed position or a position betWeen.
CROSS-REFERENCE TO RELATED
APPLICATION
A cantilever loWer platen support is attached to the underside
of the loWer platen and a base of the cantilever support is
attached to a sliding draW mechanism providing the loWer
This Application claims the bene?t of US. Provisional
Application 61/245,876 ?led on Sep. 25, 2009.
platen With an open throat area as Well as providing increased
access to a Working surface of the loWer platen. The press
TECHNICAL FIELD
includes a touchtone screen control interconnected to a con
trol board having remote diagnostic and thumb Wheel drive
The embodiments described herein are generally directed
capabilities.
to a heat transfer press.
BACKGROUND
BRIEF DESCRIPTION OF THE DRAWINGS
Heat applied transfers include a variety of indicia With
inks, material layers, and adhesives that become bonded to
material layers, for example, apparel such as shirts, jackets, or
the like, upon pressurized contact and heating of the transfers
and apparel betWeen press platens. NeW developments in the
construction and composition of lettering have resulted in
The features and inventive aspects of the present invention
Will become more apparent upon reading the folloWing
detailed description, claims, and draWings, of Which the fol
loWing is a brief description:
20
high quality transfers that can be accurately and quickly
transferred to the apparel Without bleeding or partial interrup
tions in the bonding of the transfer, as long as the presses can
be operated at a predetermined temperature for a predeter
mined time and at a predetermined pres sure While providing
a smooth adherence surface on the apparel. Nevertheless, heat
upper platen aligned;
FIG. 2 is a perspective vieW of a base frame;
FIG. 3 is a perspective vieW of a support channel;
25
FIG. 5 illustrates a perspective vieW of an arrangement of a
transfer press With an upper and loWer platen in the closed
devices in order to satisfy the user’ s need to economically but
quickly apply various lettering, symbols and numbering indi
position;
30
date many variations in the arrangement of transfers and
apparel, as Well as the types of transfers and apparel materials
available.
Conventional heat transfer press machines are of tWo gen
eral types. The tWo types include a clam shell type and a
FIG. 6 illustrates a side elevational vieW of an arrangement
of a transfer press With an upper and loWer platen in the closed
position;
heat applied transfer press With a loWer platen extended trans
35
sWing aWay type. Both machines include upper and loWer
lationally; and
heat applied transfer press With an upper platen rotated to an
platens Which are movable relative to one another and create
a sealing surface When joined together. A heat source is
included in at least one platen to create the thermal bonding of
the transfer. The clam shell type includes a hinge Where the
FIG. 4 is a side elevational vieW of a loWer platen and a
loWer cantilever support arm interconnected;
applied transfer presses must be simple, manually operated
cia selected by a customer and Which must be applied to a
selected piece of apparel. Such an apparatus must accommo
FIG. 1 is a perspective vieW of an arrangement of a transfer
press in a partially opened position With a loWer platen and an
approximate 130 degree angle.
40
DETAILED DESCRIPTION
upper and loWer platens are interconnected at one side, Which
causes dif?culty in positioning the selected piece of apparel.
The sWing aWay type includes a pivot point on one side
alloWing the upper platen to sWivel to one side or the other,
Which improves the access to position the apparel but still
results in dif?culty as the loWer platen is ?xed at the base.
These heat transfer press machines are knoWn for applying
graphic images on textiles or other similar substrates, or to
press foil onto an apparel of various shapes and siZes. HoW
ever, When utiliZing a textile or substrate of an unusual siZe
45
Referring noW to the draWings, illustrative embodiments
are shoWn in detail. Although the draWings represent the
embodiments, the draWings are not necessarily to scale and
certain features may be exaggerated to better illustrate and
explain an innovative aspect of an embodiment. Further, the
embodiments described herein are not intended to be exhaus
tive or otherWise limit or restrict the invention to the precise
form and con?guration shoWn in the draWings and disclosed
50
in the folloWing detailed description.
and shape the platens must be able to provide a smooth
The term “platen” as used throughout the speci?cation is
surface to transfer on. Conventional heat transfer press
de?ned hereinafter to include but is not limited to: a Work
structure of a machine tool and a generally ?at plate of a press
that presses a material. The term “pivot” or any variation
machines do not alWays provide such a surface, Which results
in an uneven transfer and potential damage to the apparel.
Therefore, there exists a need in the art to provide an
55
thereof such as “pivotally” as used throughout the speci?ca
improved heat transfer press machine for forming better reso
lution in graphic images by providing access to both the upper
tion is de?ned hereinafter to include but is not limited to: a rod
or shaft on Which a related part rotates or sWings; the act of
and loWer platen, thereby providing the ability to slide a piece
turning on or as if on a pivot; to cause to rotate, revolve, or
of textile or apparel around the loWer platen. For example, a
turn; and to mount on, attach by, or provide With a pivot or
device that forms a smoother surface on a substrate Will 60 pivots. The term “heating element” as used throughout the
speci?cation is de?ned hereinafter to include but is not lim
ited to: a component that transforms fuel or electricity into
providing better print resolution and a smoother feel to a
printed garment.
heat. The term “gas spring” as used throughout the speci?ca
SUMMARY
tion is de?ned hereinafter to include but is not limited to: an
65
In the embodiments described, a press is employed having
an upper platen and loWer platen. The press includes a support
actuating force; a component placed in mechanical compres
sion or extension; and a component providing a compression
or extension force.
Pg ID 68
US 8,418,739 B2
4
3
applied transfer press 10 having relatively moveable upper
position or a position betWeen. When the upper platen 12 is
loWered it provides a compressive load to the loWer platen 14,
and loWer platens 12, 14 With a heat source (not shown) in the
upper platen 12. The heat press 10 is shoWn With the upper
mechanism 44 and base frame 30. The compressive force
Referring ?rst to FIGS. 1 and 5, an arrangement for a heat
attached loWer cantilever support 24, corresponding sliding
platen 12 spaced above the loWer platen 14 to provide Work
ing clearance for loading or unloading a textile apparel (not
applied by the locking assembly 18 and the adjustment knob
shoWn). The heat press 10 includes a base frame 30 for sup
porting a c-shaped loWer cantilever support arm 24 and a
pressure sensor (not shoWn) that sends a corresponding mea
surement to the controller 60 and corresponding visual dis
spindle tube 26. The spindle tube 26 supports a rotating
assembly 28 and multi-piece upper support arm 50. The
play 62.
multi-piece upper support arm 50 includes a knob handle 52
occupied by the press operator positioned for manipulating
(FIGS. 6 and 8) protruding from the underside of the upper
support arm 50 and is graspable by the operator for rotational
movement to sWing the upper support arm 50 and correspond
ingly attached upper platen 12 in a horiZontal plane above the
loWer platen 14 and base frame 30.
An arrangement for the rotating assembly 28 may include
a rotating spindle secured to and positioned through an aper
and controlling the operating arm 50. The visual display 62 is
22, transferred through the threaded rod 23, is measured by a
The visual display 62 is mounted for exposure to the area
interconnected to a controller 60. The controller 60 receives
inputs from the digital display in the form of entered text or
numeric data. These inputs are sent to the controller 60 in the
form of electrical current. The controller 60 then activates the
heating element for a predetermined time. The electrical cir
cuit for the heating element includes a temperature control
such as a thermostat Which is adjusted and vieWed at the
ture 59 in the upper support arm 50 and extending into an
sWing-lock positive stop When rotating the upper support
visual display 62 or automatically by the controller 60. In
addition, the visual display 62 includes a timer control (not
shoWn), Which provides a perceptible indication to the opera
tor manipulating the lift lever handle 20. Although a simple
mechanical spring type timer may be used, an automatic
timing system utiliZing an automatic proximity sensor and
digital display counter in the controller 60 may be used. The
arm. The rotating assembly combines the steel spindle With
the aluminum spindle tube Without the need of Welding as it is
impossible to Weld the tWo dissimilar metals. The sWing-lock
fasteners may be loW pro?le socket head cap screWs that
30
operator can also observe the real time numeric values for
time, temperature and pressure as shoWn in the visual display
62. When utiliZing the automatic programming in the con
troller 60 the operator can pre-program set points for time,
35
temperature and pressure for repetitive transfer jobs. The
controller 60 may be updated either remotely With remote
diagnostic input port capabilities or the controller 60 may be
updated manually With a thumb Wheel through an auxiliary
input port. The remote diagnostic capability is achieved
aperture in the spindle tube 26. Brass bushings may be used as
inserts in each aperture to provide a lubricated rotating sur
face Within each aperture. HoWever, a standard bearing may
also be used in place of the brass bushings to provide smooth
20
rotation. A tWo part right/left ring stop is positioned betWeen
the upper support arm and the spindle tube to provide a
extend through a counter-bored aperture in the right sWing
lock and into a threaded aperture in the steel rotating spindle
and aluminum spindle tube. The fastener actually crosses the
threads of the aluminum spindle tube With the threads of the
steel rotating spindle. The crossing of the threads alloWs the
25
rotating assembly 28 to be built Without Welding, as the tWo
dissimilar metals are mechanically fused together.
With continued reference to FIG. 1, the upper support arm
through a common connection and enables the manufacturer
or programmer to adjust or troubleshoot the controller 60 as
50, houses a controller 60, the rotating spindle assembly 28,
an over center locking assembly 18 and a pressure adjustment
40
assembly 21. The adjustment assembly 21 controls the spac
ing betWeen the upper platen 12 and loWer platen 14 surfaces
in the closed position. Accordingly, the press 10 may include
platen pads such as an insulating pad 13 for accommodating
surface irregularities occurring on the material to be Worked
45
on or on the heat applied transfers to be inserted betWeen the
platens 12 and 14 for application to the material including
apparel.
A heating element (not shoWn) is included in at least one
platen, and preferably the upper platen 12. The heating ele
ment may be conventional resistive heating elements and the
like, Which may be formed as serpentine or otherWise Wound
throughout the surface area of the platen 12. The heating
element is coupled to a typical poWer supply through a sWitch
56 having an indicator light 57 mounted to the upper cantile
ver support arm housing 51. The sWitch 56 may be con?gured
50
55
for adjusting the temperature of the heating element. Further,
the temperature of the heating element may be adjusted at a
visual display 62. In addition, the upper platen 12 carries a
thermocouple sensor (not shoWn) Which is Wired in a conven
60
visual display 62.
With continued reference to FIG. 1, the locking assembly
18 is activated by a lift lever 16 having a handle 20. The lift
doWn or pushes the lever up to move the platens 12, 14 from
an open, loading/unloading position, to a closed, pressing
the compressive forces betWeen the upper and loWer platens
12, 14. The locking assembly 18 connects the upper support
arm 50 to the upper platen 12 and provides straight-line
vertical motion to the upper platen 12. It is also contemplated
that the adjuster 21 may be any knoWn adjustable device
adapted to apply force through the upper support arm 50
While maintaining a ?xed position extending radially into
intersection With the upper support arm 50. Thus, While the
rod 23 is threaded in a correspondingly threaded aperture 53
through the support arm 50, adjuster 21 may be constructed as
any means for adjusting the height of the upper platen 12, or
adjusting the spacing betWeen the upper and loWer platens 12,
14 in the closed position.
FIG. 2 illustrates one arrangement Where the base frame 30
is constructed from a single aluminum casting With a central
load supporting member 32. The base frame 30 includes
tional manner to generate temperature information at the
lever 16 is operated by a human operator Who pulls the lever
needed.
As also shoWn in FIGS. 1, 3 and 5-8, the adjuster 21
includes a threaded aperture (not shoWn) in the upper canti
lever support arm 50 adapted to threadingly engage a
threaded rod 23 having an attached adjustment knob 22. The
threaded rod 23 extends through the support arm 50 and up
and doWn movement is controlled by the adjustment knob 22
relative to the support arm 50. The threaded engagement
betWeen the rod 23 and the support arm 50 permits adjustment
of the upper platen 14 in the vertical direction for ?ne tuning
65
outWardly arched and Webbed supports 34. This arrangement,
single aluminum Webbed casting base 30, provides an excel
lent high strength to loW Weight ratio. HoWever, the base
frame 30 may be made from any material providing a rigid
Pg ID 69
US 8,418,739 B2
5
6
platform, i.e., aluminum, iron, steel, powder metal or other
an aperture in the loWer cantilever support arm 24 and is
known composite. Also, it is understood that the base frame
threadingly engaged With the loWer platen 14. The removable
30 may be made from many con?gurations such as an l-beam,
X-beam or other suitable con?gurations able to support a
connection alloWs the loWer platen 14 to rotate providing a
longer or Wider Working surface for varied shapes and siZes of
textile or apparel. The loWer platen 14 may also include
multiple mounting channels or points to attach the loWer
platen 14 to the loWer cantilever support arm 24. The mount
ing channel provides a recess for receiving the loWer cantile
ver support arm 24 and prevents rotation of the loWer platen
14 When tightened together. The knob 25 is threaded into the
center load bearing member 32 having outer supports 34
providing lateral support.
The base frame central load supporting member 34
includes a central channel 36, and a central bore 38 for receiv
ing the spindle tube 26. The central channel 36 receives a
support channel 40 that is secured to the central channel 36 at
apertures 42, and secured to a sliding mechanism 44 (FIG. 8).
The sliding mechanism 44 includes sliders 45 and a draW tray
loWer platen 14 to secure the loWer cantilever support arm 24
onto the loWer platen 14, Which forces the loWer cantilever
support arm into the channel on the loWerplaten 14. HoWever,
When the knob 25 is loosened the loWer platen 14 may be
rotated horiZontally 90 degrees in either direction to provide
a longer Work surface.
FIG. 5 illustrates a perspective vieW of the heat applied
transfer press 10 illustrating the upper and loWer platens 12,
43. The sliders 45 are attached to the support channel 40 and
the draW tray 43. The sliders 45 extend and retract the loWer
cantilever support arm 24. The draW tray 43 is shaped to be
received Within the support channel 40 and provides mount
ing Walls for attaching the sliders 45, as Well as creating a bed
for attaching the loWer cantilever support 24. Compression
springs (not shoWn) are positioned betWeen the draW tray 43
and the support channel 40. These compression springs hold
14 With the lift lever 16 pulled forWard, activating the locking
20
55 is also illustrated, Which encloses the locking assembly 18,
the rotating assembly 28 and the controller 60 Within the
the draW tray 43 in an elevated position above the support
channel 40 to alloW the draW tray 43 to slide translationally
toWard the operator to provide greater access to the loWer
upper support arm 50. The cover 55 provides a shield against
platen 14 during apparel positioning. Compression of the
springs occurs When activating the lift lever handle 20, thus
resulting in the draW tray 43 compressing doWn into the
support channel 40. This compression causes the draW tray 43
to lock into place, thus preventing the sliding mechanism 44
from translating out While the upper and loWer platens 12, 14
are in the closed position and the heat press 10 is in operation.
25
aim 24 removably attached to the loWer platen 14. One
arrangement for the loWer cantilever support aim 24 is a
c-shape design providing an open mouth area for sliding
textiles or apparel onto the loWer platen 14. HoWever, other
shapes may be employed provided they create an open space
above and beloW the loWer platen 14. The loWer cantilever
support arm 24 includes a loWer platen mounting surface 27
and a draW tray mounting surface 29. The loWer platen
mounting surface 27 includes a ridge or tongue (not shoWn)
dirt and protects the controller 60 and corresponding electri
cal circuit from intrusion. The cover also provides support for
the visual display 62, poWer sWitch 56 and poWer indicator
light 57.
30
Therefore, by moving the lift lever 16 and releasing the lock
ing assembly 18 to raise the upper platen 14 the springs are
extended and the draW tray 43 is unlocked and free to move.
Once the draW tray 43 is released it may slide in a translational
direction to load or unload the textile.
FIG. 4 illustrates a side vieW of the loWer cantilever support
assembly 18 to compress the platens 12, 14 together. A cover
35
With continued reference to FIG. 5, loWerplaten 14 and the
sliding mechanism 44 are in the retracted operating position.
The sliding mechanism 44 is illustrated With the sliders 45
?xedly attached to the side Walls of the draW tray 43. The
sliding mechanism 44 provides translational movement to the
loWer platen 14, loWer cantilever support arm 24 and draW
tray 43. The sliding mechanism handle 46 is used by the
operator to move the loWer platen 14 from a closed Working
position to an open loading position. By pulling the loWer
platen 14 out the operator is given an obstructed Working
40
45
surface above and beloW the loWer platen 14.
FIG. 6 illustrates a side elevation vieW of the heat applied
transfer press 10 illustrating the upper and loWer platens 12,
14 in the closed position. The upper platen 12 adjuster 21 can
be seen With the threaded rod 23 in the extended position and
applying pressure to the upper and loWer platens 12, 14. The
knob handle 52 is clearly illustrated protruding from the
underside of the upper support arm 50. The knob handle 52, as
running along a longitudinal axis. The tongue is con?gured to
stated previously, provides the operator a graspable extension
be received in a corresponding channel or groove (not shoWn)
to rotate the upper support arm 50 and upper platen 12 from an
on an underside of the loWer platen 14. The loWer cantilever
support arm 24 is ?xedly attached to the draW tray 43 of the
operational position of 0 degrees to a counter-clockWise angle
of approximately 130 degrees for loading a textile or apparel.
transfer press 10, the loWer platen 14 is extended translation
ally out toWard the operator for loading and unloading the
loWer platen 14 insulating pad 13 Work surface. The upper
sliding mechanism 44. This attachment provides a straight
line force distribution through the loWer cantilever support
arm 24 and into the base frame 30. The single casting c-shape
of the loWer cantilever support arm 24 provides greater
strength and greater accessibility to the loWer platen 14. The
50
loWer cantilever support arm 24 can be a single casting, a
55
support arm 50 and upper platen 12 are in a hover position
laminated construction, machined piece or any other knoWn
con?guration. The arrangement shoWn is a single aluminum
casting hoWever, the loWer cantilever support arm 24 may be
constructed from any material providing a rigid platform, i.e.,
aluminum, iron, steel, poWder metal or other knoWn compos
transfer press 10 illustrating the upper platen 12 rotated to an
approximate 130 degree angle. The movement of the upper
60
ite.
The loWer platen 14 is generally rectangular in shape and
aperture (not shoWn) adapted to receive a correspondingly
threaded rod (not shoWn). The threaded rod extends through
platen 12 provides a second means of providing an unob
structed Work area on the loWer platen 14 by rotating the
upper support arm 50 and upper platen 12 to keep the heating
element in the upper platen 12 from hovering over the loWer
includes a mounting channel on its base. HoWever, the shape
is not con?ned to a rectangle and may be of any desired shape.
The loWer cantilever support arm 24 includes a threaded
aWaiting loading of the loWer platen 14 and retraction back to
an operating position.
platen 14 thus preventing possible injuries from the heated
65
upper platen 12. A rotational sWing-lock mechanism 54 is
positioned in an aperture on the left sWing-lock ring that is
positioned betWeen the upper support arm 50 and the spindle
Pg ID 70
US 8,418,739 B2
8
7
tube 26. The sWing-lock mechanism 54 is provided to lock the
upper platen 12 and correspondingly the upper support arm
50 at the Working position of 0 degrees.
What is claimed is:
1. A press comprising:
9. The press of claim 1, further including a controller
having a remote diagnostic input.
having an updating input.
an upper platen;
an upper support arm adapted to selectively rotate and
move said upper platen betWeen an open position, a
having integrated inputs and visual display for predetermined
inputs and real-time parameters.
12. The press in claim 1, further comprising a control
system to set variable time, temperature and pres sure combi
nations and to receive feedback on the said variable time,
temperature and pressure combinations.
partially open position and a closed position;
a locking mechanism supporting said upper platen from
said support arm, said locking mechanism con?gured to
align said upper platen substantially parallel With a
loWer platen of the press, Wherein pressure exerted by
said upper platen upon the loWer platen is substantially
equalized across the face of said upper platen;
13. The press of claim 1, Wherein the loWer platen is dis
posed beloW and generally aligned With said upper platen
such that an upper Work surface of the loWer platen is in direct
contact With the upper platen When the upper platen is placed
in the closed position.
14. The press of claim 13, Wherein the cantilever loWer
a cantilever loWer support arm adapted to support the loWer
platen;
a base assembly adapted to support the cantilever loWer
support arm and the upper support arm, Wherein the base
assembly houses a sliding mechanism for selectively
support arm de?nes a space beloW the loWer platen that
20
moving the loWer platen translationally; and
closed position such that a garment threaded over the loWer
platen may be positioned in the space.
a loWer support arm locking mechanism con?gured to
selectively secure the loWer platen to the base.
2. The press of claim 1, further including an upper support
arm of a ?rst material and spindle tube of a second material
Wherein the tWo materials are dissimilar and are mechanically
15. The press of claim 14, Wherein the space extends across
greater than half of an extent of the upper Work surface of the
25
3. The press of claim 1, further including at least one
heating element in mechanical communication With said
posed beloW and generally aligned With said upper platen
30
and Wherein an unobstructed Work surface is provided above
and beloW the loWer platen.
35
locking mechanism is spring activated.
6. The press of claim 1, further including at least one
predetermined time, and a predetermined pressure is
achieved.
8. The press of claim 6, further including a visual indicator
for inputting at least one of a predetermined temperature, a
predetermined time, and a predetermined pressure.
18. The press of claim 1, Wherein the upper support arm is
con?gured to selectively move the upper platen in a ?rst
direction betWeen the open position and the closed position,
and Wherein the sliding mechanism is con?gured to slide the
cantilever support arm in a second direction generally
compression spring disposed betWeen said base of said press
and said loWer cantilever support arm adapted to lock said
loWer platen to said base.
7. The press of claim 1, further including a controller for
signaling that at least one of a predetermined temperature, a
such that an upper Work surface of the loWer platen is in direct
contact With the loWer platen When the upper platen is placed
in the closed position.
posed beloW and generally aligned With said upper platen,
5. The press of claim 1, Wherein said loWer support arm
loWer platen.
16. The press of claim 14, Wherein the cantilever loWer
support arm includes a c-shaped support de?ning the space.
fused together.
upper platen.
remains unobstructed When the upper platen is placed in the
orthogonal to the ?rst direction, the sliding mechanism main
40
taining contact betWeen the cantilever support arm and the
base assembly While the base assembly remains stationary.
19. The press of claim 1, Wherein the base support de?nes
a channel extending generally parallel to the second direction
such that the cantilever support arm slides along the channel
When the cantilever support arm slides along the second
direction.
EXHIBIT E
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stahls patent case - US China Trade War Blog

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