UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION Shipyard Brewing Company, LLC Plaintiff, v. Logboat Brewing Company, LLC Defendant. ) ) ) ) ) ) ) ) ) Case No. 17-4079 COMPLAINT Shipyard Brewing Company has been forced to file this trademark infringement suit against Logboat Brewing Company because Logboat has insisted on continuing to sell its “Shiphead” beer using a logo confusingly similar to the logo on Shipyard’s signature Export Ale beer (Reg. No. 1,855,906): 1 Case 2:17-cv-04079-NKL Document 1 Filed 05/15/17 Page 1 of 12 Even after receiving multiple letters from Shipyard’s attorneys, Logboat continued to sell Shiphead beer and introduced a new line of raspberry-flavored Shiphead beer. Further, guests at Logboat’s brewery were invited to make use of Logboat’s outside area, which it termed “the Shipyard.” Now, after repeated attempts at resolving this matter short of federal infringement litigation, comes Shipyard Brewing Company, LLC (“Shipyard”), by and through its counsel, and complains against Logboat Brewing Company, LLC (“Logboat”) for trademark infringement and other wrongs for the reasons that follow. PARTIES, JURISDICTION, AND VENUE 1. Plaintiff Shipyard is a Maine limited liability company with a principal place of business at 86 Newbury Street, Portland, Maine 04101. 2. Defendant Logboat is a Missouri limited liability company with a principal place of business at 504 Fay Street, Columbia, Missouri 65201. 3. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 because Shipyard’s claims arise under federal law. 4. This Court has personal jurisdiction over the Defendant because it is a citizen of the State of Missouri. 5. Venue is appropriate under 28 U.S.C. § 1391 because the Defendant resides within this judicial district. 2 Case 2:17-cv-04079-NKL Document 1 Filed 05/15/17 Page 2 of 12 FACTS 6. Shipyard is a craft brewery that produces approximately nineteen types of handcrafted beer. 7. Shipyard is the owner of the well-known, federally-registered and incontestable trademark SHIPYARD as used on a variety of goods and services, most notably its beers. Shipyard has used its SHIPYARD trademark for more than 25 years. 8. Shipyard is also the owner of and has used other trademarks that contain the term SHIP as a prefix or first term in relation to its beers and brewing operations, including, without limitation, the trademarks SHIPWEAR and SHIP HAPPENS. 9. Shipyard further owns and has used other trademarks that contain the term HEAD as a suffix in relation to its beers, including, but not limited to, PUMPKINHEAD, MELONHEAD, and APPLEHEAD. 10. Shipyard’s family of SHIPYARD, SHIP, and HEAD marks (collectively “Shipyard’s Trademarks”) all were in use and/or registered prior to Logboat’s earliest priority date of February 20, 2014. 11. The following valid and subsisting United States trademark registrations pertain to Shipyard’s Trademarks: Reg. No. 3114205 3390836 Date 11 Jul 2006 04 Mar 2008 Trademark SHIPYARD SHIPWEAR 3 Case 2:17-cv-04079-NKL Document 1 Filed 05/15/17 Page 3 of 12 2015253 12 Nov 1996 THE SHIPYARD w/ Design 4827129 06 Oct 2015 SHIPYARD w/ Design 2189606 3289749 1855906 3250867 2803154 4337678 15 Sep 1998 11 Sep 2007 27 Sep 1994 12 Jun 2007 06 Jan 2004 21 May 2013 SHIPYARD BREWING COMPANY SHIPYARD BREW PUB SHIPYARD EXPORT ALE SHIPYARD BREW HAUS PUMPKINHEAD ALE PUMPKINHEAD w/ Design 4552562 4822169 17 Jun 2014 29 Sep 2015 MELONHEAD MELONHEAD w/ Design 4538048 27 May 2014 APPLEHEAD 4 Case 2:17-cv-04079-NKL Document 1 Filed 05/15/17 Page 4 of 12 True and correct copies of the pleaded registrations taken from the United States Patent and Trademark Office’s database and showing the current status and title of the registrations are attached hereto as Exhibit A. 12. Shipyard has sold beer bearing its marks in Missouri. 13. As a result of Shipyard’s long-standing and exclusive use of the term SHIPYARD and its family of SHIP and HEAD marks, the purchasing public has come to associate such terms with Shipyard and its beer and will naturally conclude that SHIPHEAD is a SHIPYARD trademark. 14. Logboat is the current owner of U.S. Registration No. 4,778,195 for the trademark SHIPHEAD GINGER WHEAT in relation to “beer” (the “‘195 Registration”). Logboat disclaims any exclusive right to the phrase, GINGER WHEAT, and, as a result, the dominant portion of Logboat’s mark is the term, SHIPHEAD. Logboat alleges a first use date of April 29, 2014 with its application filing date being February 20, 2014. 15. Logboat makes the beer bearing its SHIPHEAD GINGER WHEAT mark available through multiple channels of distribution. It sells the goods at its brewery, located in Columbia, Missouri, which it refers to as the taproom. Logboat has also sold beer bearing the SHIPHEAD GINGER WHEAT mark beyond Missouri. 16. Logboat’s registration and use of the term SHIPHEAD is substantially similar to Shipyard’s Trademarks, such that the use and registration of the term SHIPHEAD by Logboat is likely to cause confusion and mistake in the marketplace, 5 Case 2:17-cv-04079-NKL Document 1 Filed 05/15/17 Page 5 of 12 or to de eceive purcchasers an nd others as a to the ssource or oorigin of Loogboat’s gooods, both of which w wou uld cause irrreparable harm and damage too Shipyard.. 17. SHIP PHEAD and SHIPY YARD aree nearly identical visually and phonetically, an important factor f whe en consumeers are ord dering beeers on prem mise. Furtherr, Logboat’’s SHIPHE EAD mark k is used in a man nner that is stylistically similar to Shipyard’s Trade emarks. For F examplle, Logboatt’s packagiing uses coolors that are e identical to the colorrs that Shiipyard usess for its pa ackaging. IIn addition n, the logos arre conceptu ually simillar in thatt it the wooman depiccted on Loogboat’s beer is wearing g a schoon ner on herr head tha at is high hly similarr to Shipy yard’s federally registerred and incontestable e Schooner logo, hencee “Shiphea ad”: Given these t num merous add ditional siimilarities,, consumeers are hiighly likelly to mistake enly conclu ude that SH HIPHEAD is i a SHIPY YARD trad demark. 6 Case 2:17-cv-04079-NKL Document 1 Filed 05/15/17 Page 6 of 12 18. for On July 9, 2015, counsel for Shipyard sent correspondence to counsel Logboat and expressed Shipyard’s concerns regarding Logboat’s 195 Registration and use of term SHIPHEAD to promote its beers, and the phrase “the Shipyard” in association with its brewery. 19. On January 19, 2016, counsel for Shipyard sent additional correspondence to counsel for Logboat and formally requested that Logboat voluntarily cancel U.S. Registration No. 4778195, cease using the term SHIPHEAD to promote its beers. Among other things, Shipyard objected to Logboat terming the beer garden located at its brewery “the Shipyard.” 20. In response to Shipyard’s cease and desist demand, Logboat continued to use the term SHIPHEAD to promote its beers. Logboat did stop calling its beer garden “the Shipyard,” but only after Shipyard contacted Logboat. 21. On June 8, 2016, Shipyard filed a Petition for Cancellation with the Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office (USPTO). In its Petition, Shipyard requested the cancellation of U.S. Registration No. 4,778,195. 22. In or about September 2016, after Shipyard’s cease and desist demand and the filing of its Petition for Cancellation, Logboat expanded its use of the term, SHIPHEAD, by introducing a new beer bearing the mark: RASBERRY SHIPHEAD GINGER WHEAT. 23. Despite repeated attempts at identifying an amicable resolution to their issues, the parties have been unable resolve their dispute. 7 Case 2:17-cv-04079-NKL Document 1 Filed 05/15/17 Page 7 of 12 24. As of the time of this filing, Logboat continues to use the term SHIPHEAD to promote its beers. Logboat’s use has created a likelihood of confusion in the marketplace, and Logboat has illegally sought to trade upon Shipyard’s good will by adopting trademarks, packaging, and logos designed to deceive consumers of its goods. CLAIMS OF LIABILITY COUNT I – TRADEMARK INFRINGEMENT (15 U.S.C. §§ 1114 et seq.) 25. Shipyard incorporates all paragraphs above and below. 26. The Defendant has used Shipyard’s Trademarks without consent, and in the face of a prior cease and desist demand. 27. The Defendant’s infringing actions occurred after it had actual notice of the Plaintiff’s ownership of its Trademarks, and after Shipyard directed it to cease and desist its infringement. 28. The Defendant also expanded its use after it had actual notice of the Plaintiff’s ownership of its Trademarks by introducing RASBERRY SHIPHEAD GINGER WHEAT. 29. The Defendant’s infringement is therefore willful. 30. By using Shipyard’s Trademarks in connection with the advertising, sale, and provision of its products, namely its beer and brewery, the Defendant has caused a likelihood of confusion in the minds of the public as to the connection between Shipyard’s products and those of the Defendant. 8 Case 2:17-cv-04079-NKL Document 1 Filed 05/15/17 Page 8 of 12 31. The Defendant’s unauthorized and willful use of marks confusingly similar to Shipyard’s Trademarks constitutes an infringement of Shipyard’s rights in and to the use of its federally registered marks, with consequent damages to Shipyard and the business and good will associated with and symbolized by the Shipyard’s Trademarks and, specifically, gives rise to this action under 15 U.S.C. §§ 1114 et seq. 32. Shipyard is irreparably injured by Defendant’s infringement. This injury is ongoing. 33. This case is an “exceptional” one within the meaning and scope of 15 U.S.C. § 1117, so that attorneys’ fees should be awarded to Shipyard. The Defendant has infringed on Shipyard’s Trademarks, has refused to cease and desist from that use even after being confronted with Shipyard’s federal registrations, and has expanded its use following actual notice of its infringement, thereby willfully infringing. 34. Shipyard is therefore entitled to injunctive relief against the Defendant, and anyone acting in concert with the Defendant, to restrain further acts of infringement and, after trial, to recover any damages, including statutory damages under 15 U.S.C. § 1117, caused by reason of the Defendant’s aforesaid acts, and to recover enhanced damages based on the Defendant’s willful, intentional, and/or grossly negligent acts. 9 Case 2:17-cv-04079-NKL Document 1 Filed 05/15/17 Page 9 of 12 COUNT II – TRADE DRESS INFRINGEMENT (15 U.S.C. § 1125(a)(1)) 35. Shipyard incorporates all paragraphs above and below. 36. Shipyard’s goods are contained in distinctive trade dress, in the form of beer bottles and/or cans containing its beers, which are branded in a distinctive color scheme, and make use of a unique schooner logo. 37. Shipyard’s trade dress has acquired secondary meaning through Shipyard’s promotion and the nationwide use of said trade dress since at least 1992. 38. Shipyard owns the distinctive elements of its packaging, branding, and logo as trade dress. 39. The trade dress is non-functional, serving only to identify the goods as Shipyard’s beers. 40. The Defendant uses a beer can for its SHIPHEAD GINGER WHEAT beer, which contains a color scheme and a schooner logo that is similar to Shipyard’s trade dress. 41. The Defendant did so without Shipyard’s consent. 42. The Defendant’s actions are likely to cause confusion among ordinary consumers as to the source, sponsorship, affiliation, or approval of Shipyard’s goods. 43. The Defendant’s actions violate 15 U.S.C. § 1125(a)(1). 44. This case is an “exceptional” one within the meaning and scope of 15 U.S.C. § 1117, so that attorneys’ fees should be awarded to Shipyard. 45. Shipyard is therefore entitled to injunctive relief against the Defendant, and anyone acting in concert with the Defendant, to restrain further 10 Case 2:17-cv-04079-NKL Document 1 Filed 05/15/17 Page 10 of 12 acts of infringement and, after trial, to recover any damages, including statutory damages under 15 U.S.C. § 1117, caused by reason of the Defendant’s aforesaid acts, and to recover enhanced damages based on the Defendant’s willful, intentional, and/or grossly negligent acts. PRAYERS FOR RELIEF WHEREFORE, Shipyard Brewing Company, LLC requests that this Honorable Court: A. Enter an injunction prohibiting the Defendant from making any use whatsoever of Shipyard’s Trademarks, trademarked products, and products similar to Shipyard’s distinctive trade dress; B. Order the Defendant to provide an accounting of all monies received as a result of its improper conduct; C. Award Shipyard statutory damages; D. Award Shipyard actual damages in the form of lost profits; E. Order Logboat to provide Shipyard monies in an amount to be determined for corrective advertising to address Logboat’s deceptive and misleading false advertising; F. Award Shipyard pre- and post-judgment interest; G. Award Shipyard reasonable attorneys’ fees and costs; and H. Grant such other relief as may be just and proper. JURY TRIAL DEMAND Plaintiff Shipyard Brewing Company, LLC hereby demands a jury trial on all issues so triable as alleged herein. 11 Case 2:17-cv-04079-NKL Document 1 Filed 05/15/17 Page 11 of 12 Dated: May 15, 2017 Respectfully Submitted, ARMSTRONG TEASDALE LLP By: /s/ Darren K. Sharp_______ Darren K. Sharp MO #50841 Kevin W. Prewitt MO #66161 2345 Grand Blvd., Suite 1500 Kansas City, Missouri 64108 Telephone: 816.221-3420 Facsimile: 816.221.0786 dsharp@armstrongteasdale.com kprewitt@armstrongteasdale.com and BERNSTEIN SHUR, P.A. Edward J. Sackman, Esq. (pro hac vice application to follow) P.O. Box 1120 Manchester, NH 03105 (603) 623-8700 nsackman@bernsteinshur.com ATTORNEYS FOR PLAINTIFF SHIPYARD BREWING COMPANY, LLC 12 Case 2:17-cv-04079-NKL Document 1 Filed 05/15/17 Page 12 of 12 Int. Cl.: 32 Prior U.S. Cls.: 45, 46 and 48 Reg. No. 3,114,205 United States Patent and Trademark Office Registered July 11, 2006 TRADEMARK PRINCIPAL REGISTER SHIPYARD SHIPYARD BREWING COMPANY, LLC (MAINE THE MARK CONSISTS OF STANDARD CHAR- LTD LIAB CO) ACTERS WITHOUT CLAIM TO ANY PARTICULAR 86 NEWBURY STREET FONT, STYLE, SIZE, OR COLOR. PORTLAND, ME 04101 OWNER OF U.S. REG. NOS. 1,855,906, 2,189,606 AND OTHERS. FOR: BEER, IN CLASS 32 (US. CLS. 45,46 AND 48). NO 78-672,715, FILED 7484005 FIRST USE 3-12-1992; IN COMMERCE 3-12-1992. GEORGE LORENZO, EXAMINING ATTORNEY Case Document 1-1 Filed 05/15/17 Page 1 Of 13 Int. Cl.: 25 Prior U.S. Cls.: 22 and 39 United States Patent and Trademark Office Reg. No. 3,390,836 Registered Mar. 4, 2008 TRADEMARK PRINCIPAL REGISTER SHIPWEAR SHIPYARD BREWING COMPANY, LLC (MAINE LTD LIAB CO) 86 NEWBURY STREET PORTLAND, ME 04101 FOR: SPORTS SHIRTS WITH SHORT SWEAT WIND SHIRTS, IN CLASS 25 (US. CLS. 22 AND 39). FIRST USE 12-31-1996; IN COMMERCE 12-31-1996. THE MARK CONSISTS OF STANDARD CHAR- ACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT, STYLE, SIZE, OR COLOR. SER. NO. 77-067,422, FILED 12-19-2006. KATHERINE M. DUBRAY, EXAMINING ATTOR- NEY Case Document 1-1 Filed 05/15/17 Page 2 of 13 Int. CL: 32 Prior U.S. Cls.: 45, 46 and 48 United States Patent and Trademark Office Reg. No. 2,015,253 Registered Nov. 12, I996 Corrected OG Date Aug. 26, I997 TRADEMARK PRINCIPAL REGISTER AMERICAN SPECIALTY CRAFT FOR: BEER, IN CLASS 32 (US CLS. BEER TRADEMARK co. (DELA- 45. 46 AND 48) WARE CORPORATION) FIRST USE 3?12?1992; IN COMMERCE 3939 WEST HIGHLAND BLVD. 342?1992. MILWAUKEE, WI 53208, ASSIGNEE 0F ASHLEIGH. INC. (MAINE CORPORA- SER. N0. 74-73457; FILED 9-26?1995. TION). DBA BREWING CO., PORTLAND, MB In testimony whereof I have hereunto set my hand and caused the seal of The Patent and Trademark Of?ce to be affixed on Aug. 26, 1997. Case Document 1-1 Filed 05/15/17 COMMISSIONER OF PATENTS AND TRADEMARKS Page 3 of 13 ?ugh ?tat?g [If Elmerft ?Hnite? ?tate? iBatBnt anti Girahemark @ffite w? Reg. No. 4,827,129 Registered Oct. 6, 2015 Int. Cl.: 32 TRADEMARK PRINCIPAL REGISTER W?mk A Director of the United States Patent and Trademark Of?ce SHIPYARD BREWING COMPANY, LLC (MAINE LIMITED LIABILITY COMPANY) 86 NEWBURY STREET PORTLAND, ME 04104 FOR: BEER, IN CLASS 32 (US. CLS. 45, 46 AND 48). FIRST USE 12-31-2006; IN COMMERCE 12-31-2006. OWNER OF US. REG. NOS. 3,114,205, 4,438,403 AND OTHERS. NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE FROM THE MARK AS SHOWN. THE MARK CONSISTS OF THE TERM IN A STYLIZED FONT ABOVE A SCROLL DESIGN WITHIN WHICH IS THE PHRASE SER. NO. 86-566,164, FILED 3-17-2015. KYLE PEETE, EXAMINING ATTORNEY Case Document 1-1 Filed 05/15/17 Page 4 of 13 Int. CL: 32 Prior U.S. Cls.: 45, 46, and 48 United States Patent and Trademark Office Reg. No. 2,189,606 Registered Sep. 15, 1998 TRADEMARK PRINCIPAL REGISTER SHIPYARD BREWING COMPANY MILLER BREWING COMPANY (WISCONSIN CORPORATION) 3939 WEST HIGHLAND BLVD. MILWAUKEE, WI 53208 BY ASSIGNMENT AND ASSIGNMENT FROM ASHLEIGH, INC. (MAINE CORPORATION) PORTLAND, ME 04104 FOR: BEER, 1N CLASS 32 (US. CLS. 45, 46 AND 48). FIRST USE 10?0?1995. 10-0?1995; IN COMMERCE Case Document 1-1 Filed 05/15/17 Page 5 of 13 OWNER OF US. REG. NOS. 1,893,448, AND 1,904,568. NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE APART FROM THE MARK AS SHOWN. 1,855,906, SN 75?007,679, FILED 10-19?1995. DAVID M. MERMELSTEIN, EXAMINING TORNEY Int. Cl.: 43 Prior U.S. Cls.: 100 and 101 United States Patent and Trademark Office Reg. No. 3,289,749 Registered Sep. 11, 2007 SERVICE MARK PRINCIPAL REGISTER SHIPYARD BREW PUB SHIPYARD BREWING COMPANY, LLC GVIAINE LTD LIAB CO) 86 NEWBURY STREET PORTLAND, ME 04101 FOR: RESTAURANT AND BAR SERVICES, IN CLASS 43 (US. CLS. 100 AND 101). FIRST USE 1-31-2005; IN COMMERCE 3-31-2005. THE MARK CONSISTS OF STANDARD CHAR- ACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT, STYLE, SIZE, OR COLOR. OWNER OF US. REG. NOS. 1,893,448, 3,114,205 AND OTHERS. NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE APART FROM THE MARK AS SHOWN. SER. NO. 77-052,923, FILED 11-29-2006. KATHERINE M. DUBRAY, EXAMINING ATTOR- NEY Case Document 1-1 Filed 05/15/17 Page 6 of 13 Int. Cl.: 32 Prior US. Cl.: 48 Reg. No. 1,855,906 Registered Sep. 27, 1994 United States Patent and Trademark Office TRADEMARK PRINCIPAL REGISTER SHIP YARD EXPORT ALE ASHLEIGH, INC. (MAINE CORPORATION), DBA KENNEBUNKPORT BREWING CO. 8 WESTERN AVENUE, UNIT #6 . KENNEBUNK, ME 04043 FOR: ALES, IN CLASS 32 (US. CL. 48). FIRST USE 3-12-1992; IN COMMERCE 3?12?1992. CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE APART FROM THE MARK AS SHOWN. SER. NO. 74?385,686, FILED 5?3?1993. JERRY L. PRICE, EXAMINING ATTORNEY Case Document 1-1 Filed 05/15/17 Page 7 of 13 Int. Cl.: 43 Prior U.S. Cls.: 100 and 101 United States Patent and Trademark Office Reg. No. 3,250,867 Registered June 12, 2007 SERVICE MARK PRINCIPAL REGISTER BREW HAUS SHIPYARD BREWING COMPANY, LLC (MAINE LTD LIAB CO) 86 NEWBURY STREET PORTLAND, ME 04101 FOR: RESTAURANT AND BAR SERVICES, IN CLASS 43 (US. CLS. 100 AND 101). FIRST USE 1-31-1996; IN COMMERCE 1-31-1996. THE MARK CONSISTS OF STANDARD CHAR- ACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT, STYLE, SIZE, OR COLOR. OWNER OF US. REG. NOS. 1,893,448, 2,406,516 AND OTHERS. NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE APART FROM THE MARK AS SHOWN. THE FOREIGN WORDING IN THE MARK TRANSLATES INTO ENGLISH AS HOUSE. SER. NO. 78-781,103, FILED 12-27-2005. MICHAEL GAAFAR, EXAMINING ATTORNEY Case Document 1-1 Filed 05/15/17 Page 8 of 13 Int. CL: 32 Prior U.S. Cls.: 45, 46, and 48 Reg. No. 2,803,154 United States Patent and Trademark Office Registered Jan. 6, 2004 TRADEMARK PRINCIPAL REGISTER PUMPKINHEAD ALE SHIPYARD BREWING COMPANY, LLC (MAINE NO CLAIM IS MADE TO THE EXCLUSIVE LIMITED LIABILITY COMPANY) RIGHT TO USE APART FROM THE MARK 86 NEWBURY STREET AS SHOWN. PORTLAND, ME 04101 FOR: BEER, IN CLASS 32 (US. CLS. 45, 46 AND 48). SN 7636595819 FILED 2'4'2002- FIRST USE 9-13-1996; IN COMMERCE 9-13-1996. BRENDAN MCCAULEY, EXAMINING ATTORNEY Case Document 1-1 Filed 05/15/17 Page 9 of 13 I Reg. No. 4,337,678 Registered May 21, 2013 Int. CL: 32 TRADEMARK PRINCIPAL REGISTER Acting Director 01' the United States Patent and Trademark Of?ce 49*, SHIPYARD BREWING COMPANY, LLC (MAINE LIMITED LIABILITY COMPANY) 86 NEWBURY STREET PORTLAND, ME 04104 FOR: BEERS, IN CLASS 32 (US. CLS. 45, 46 AND 48). FIRST USE 9-30-1996; IN COMMERCE 9-30-1996. OWNER OF US. REG. NOS. 2,015,253, 3,114,205 AND OTHERS. THE ORANGE, GREEN, BLACK, BLUE, BEIGE AND GRAY CLAIMED AS A FEATURE OF THE MARK. NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE APART FROM THE MARK AS SHOWN. THE MARK CONSISTS OF THE TERM IN STYLIZED FORM ABOVE A BANNER CONTAINING THE PHRASE WHICH IS ABOVE A FANCIFUL DEPICTION OF A HORSEMAN WITH A PUMPKIN HEAD AND HOLDING A GLASS OF BEER, ALL ABOVE ANOTHER, LARGER BANNER CONTAINING THE WORDING THE WORD THE LARGER BANNER, AND MOST OF THE PUMPKIN HEAD ARE ORANGE. SOME OF THE LETTERS IN HAVE TOUCHES OF BLACK AND GRAY ON THEIR BORDERS. THE BODY OF THE HORSEMAN AND THE HORSE ARE IN GREEN WITH TOUCHES OF BEIGE. THE BEER IS DEPICTED IN BLACK AND BEIGE. THE WORDING AND ARE IN BLUE. THE SMALLER BANNER IS OUTLINED IN BLACK, AND THE LARGER BANNER IS OUTLINED IN GREEN AND BLACK. SER. NO. 85-689,713, FILED 7-30-2012. NANCY CLARKE, EXAMINING ATTORNEY Case Document 1-1 Filed 05/15/17 Page 10 of 13 ?that ?Hnite? ?tate? iBatBnt anti Girahemark @ffice fl?? MELONHEAD Reg. No. 4,552,562 Registered June 17, 2014 Int. Cl.: 32 TRADEMARK PRINCIPAL REGISTER A Deputy Director of the United States Patent and Trademark Of?ce SHIPYARD BREWING COMPANY, LLC (MAINE LIMITED LIABILITY COMPANY) 86 NEWBURY STREET PORTLAND, ME 04104 FOR: BEER, IN CLASS 32 (US. CLS. 45, 46 AND 48). FIRST USE 4?1-2013; IN COMMERCE 4-1-2013. THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR- TICULAR FONT, STYLE, SIZE, OR COLOR. SN 85-792,907, FILED 12-3-2012. CHARLOTTE CORWIN, EXAMINING ATTORNEY Case Document 1-1 Filed 05/15/17 Page 11 of 13 mm: ?Hnite? ?tate? iBatBnt anti Girahemark @ffite fl?? Reg. No. 4,822,169 Registered Sep. 29, 2015 Int. CL: 32 TRADEMARK PRINCIPAL REGISTER W?mk A Director of the United States Patent and Trademark Of?ce SHIPYARD BREWING COMPANY, LLC (MAINE LIMITED LIABILITY COMPANY) 86 NEWBURY STREET PORTLAND, ME 04104 FOR: BEER, IN CLASS 32 (US. CLS. 45, 46 AND 48). FIRST USE 5?31-2013; IN COMMERCE 5?31?2013. OWNER OF US. REG. NOS. 2,803,154, 4,538,048, AND 4,552,562. THE MARK CONSISTS OF THE TERM IN STYLIZED FORM ABOVE A FANCIFUL DEPICTION OF A HORSEMAN WITH A MELON FOR A HEAD HOLDING A BEER IN ONE HAND AND WEARING A MASK AND CAPE ALL ABOVE A BANNER WITHIN WHICH IS THE TERM SER. NO. 86-566,249, FILED 3-17-2015. KYLE PEETE, EXAMINING ATTORNEY Case Document 1-1 Filed 05/15/17 Page 12 of 13 mm: ?Hnite? ?tate? iBatent anti Girahemark @ffice fl?? APPLEHEAD Reg. No. 4,538,048 Registered May 27, 2014 Int. Cl.: 32 TRADEMARK PRINCIPAL REGISTER A Deputy Director of the United States Patent and Trademark Of?ce SHIPYARD BREWING COMPANY, LLC (MAINE LIMITED LIABILITY COMPANY) 86 NEWBURY STREET PORTLAND, ME 04104 FOR: BEER, IN CLASS 32 (US. CLS. 45, 46 AND 48). FIRST USE 12-1-2011; IN COMMERCE 12-1-2011. THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR- TICULAR FONT, STYLE, SIZE, OR COLOR. SN 85-237,450, FILED 2?9-2011. BARBARA GAYNOR, EXAMINING ATTORNEY Case Document 1-1 Filed 05/15/17 Page 13 of 13 5/15/2017 Missouri Western Civil Cover Sheet JS 44 (Rev 09/10) UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI CIVIL COVER SHEET This automated conforms generally to the manual approved by the Judicial Conference of the United States in September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither replaces nor supplements the ?ling and service of pleadings or other papers as required by law. This form is authorized for use o_nly in the Western District of Missouri. The completed cover sheet must be saved as a document and ?led as an attachment to the Complaint or Notice of Removal. Plaintiff(s): Defendant(s): First Listed Plaintiff: First Listed Defendant: Shipyard Brewing Company, LLC Logboat Brewing Company, LLC County of Residence: Outside This District County of Residence: Boone County County Where Claim For Relief Arose: Boone County Plaintiff1 Attorney(s): Defendant's Attorney(s): Darren Sharp Shipyard Brewing Company, LLC) Teasdale LLP 2345 Grand Blvd., Suite 1500 Kansas City, Missouri 64108 Phone: 816-221-3420 Fax: 816-221-0786 Email: Basis of Jurisdiction: 3. Federal Question (US. not a party) Citizenship of Principal Parties (Diversity Cases Only) Plaintiff: Defendant: Origin: 1. Original Proceeding Nature of Suit: 840 Trademark Cause ofAction: 15 USC ?1114 and ?1125 Requested in Complaint Class Action: Not ?led as a Class Action Monetary Demand (in Thousands): Jury Demand: Yes Related Cases: Is NOT a re?ling of a previously dismissed action Case Document 1-2 Filed 05/15/17 Page 1 of 2 1/2 5/15/2017 Missouri Western Civil Cover Sheet Signature: Darren K. Sharp Date: 5-15-17 If any of this information is incorrect, please close this window and go back to the Civil Cover Sheet Input form to make the correction and generate the updated S44. Once corrected, print this form, sign and date it, and submit it with your new civil action. Case Document 1-2 Filed 05/15/17 Page 2 of 2 2/2