Plaintiff Lindsay Engraving, Inc. (“Lindsay”), for its Complaint against Defendants Mehmet Halis Batmaz aka Ramazan Tas subsidiaries, parents, and all others acting in active concert therewith from infringing, inducing the infringement of, or contributing to the infringement li (“Batmaz”) and Labirent Kuyumculuk, Hediyelik Esya Ltd. Co. (“Labirent”) (collectively, “Defendants”), upon knowledge as to its own acts, and upon information and belief as to all other matters, hereby alleges as follows:

Plaintiff Lindsay is a corporation organized and existing under the laws of the State of Nebraska, with its principal place of business at 3714 West Cedar Hill Drive, Kearney, Nebraska 68845.

Upon information and belief, Defendant Mehmet Halis Batmaz is an individual and resident of Antalya, Turkey with an address of Kizilirmak Cad., No: 25 Öncer Cetin Apt., Kat: 5 No: 7, Antalya, Turkey 07040, and a Global System Mobile (“GSM”) phone number of 0507 943 07 18.

Upon information and belief, Defendant Mehmet Halis Batmaz uses the alias Ramazan Tasli.

Upon information and belief, Batmaz is the owner of Labirent Kuyumculuk, Hediyelik Esya Ltd. Co. (“Labirent”), a limited corporation organized and existing under the laws of the country of Turkey, with its principal place of business at Ismetpasa CAD., Antalya, Turkey 07040.

Defendants are engaged in the design, manufacture, sales within the United States, offering for sale in the United States, use within the United States, importation into the United States, and/or sale after importation into the United States of hand held pneumatic engraving tools. Defendants market and sell these tools worldwide through the online retailer eBay® and through their own e-commerce website. Defendants also use the website www.youtube.com to market the infringing products within the United States.

Upon information and belief, Defendants’ eBay® account names include “mystic-cavalier” and “kalemkarusta.” Upon information and belief, Defendants’ e-commerce website is www.avergraver.com. Upon information and belief, Defendants’ email addresses include: ******@gmail.com, *********@gmail.com, **********@gmail.com, and ******@gmail.com.

 Defendants use AverGraver, and other variations of that name, in order to promote and market their products to customers.

Upon information and belief, Defendants use their presence on the Internet, via the online retailer eBay®, their own e-commerce website, and youtube.com, to advertise, exchange information, and enter into contracts with Nebraska residents who visit the websites.

Pursuant to the Federal Rules of Civil Procedure, service upon Defendants is proper through the means authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents.

This is an action for patent infringement arising under the patent laws of the United States, Title 35, United States Code.

This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).

Defendants are subject to specific personal jurisdiction in the District of Nebraska (the “District”) consistent with the principles of due process and the Nebraska Long Arm Statute, because Defendants offer their products for sale in this District, have committed and/or induced acts of patent infringement in this District, and/or have placed infringing products into the stream of commerce through established distribution channels with the expectation that such products will be purchased by residents of this District. Upon information and belief, Defendants have committed acts giving rise to this action within this District and have established minimum contacts within this District such that exercise of jurisdiction over Defendants would not offend traditional notions of fair play and substantial justice.

Venue is proper in this District pursuant to 28 U.S.C. § 1391(d) because Defendants have conducted business in this District and have committed acts and continue to commit acts of patent infringement within the State of Nebraska, this District, and elsewhere in the United States giving rise to this action.

Lindsay re-alleges and incorporates by reference the allegations set forth in Paragraphs 1 through 13 above as if fully set forth herein.

On August 1, 2000, United States Letters Patent No. 6,095,256 (“the ‘256 patent) entitled HAND-HELD PNEUMATIC IMPACT TOOL AND METHOD OF CONTROLLING THE SAME was duly and legally issued by the United States Patent and Trademark Office. A true and correct copy of the ‘256 patent is attached hereto as Exhibit A, and is incorporated herein by reference. A true and correct copy of a Certificate of Correction issued by the United States Patent and Trademark Office on September 22, 2000, in connection with the ‘256 patent is attached hereto as Exhibit B.

Lindsay is the owner and assignee of all rights, title and interest in and to the ‘256 patent, including the right to assert all causes of action arising under said patent and the right to any remedies for infringement of it.

Defendants have been and now are directly infringing the ‘256 patent in the State of Nebraska, in this District, and elsewhere in the United States, by making, using, selling, offering to sell, and/or importing into the United States, products that are covered by at least claims 1 of the ‘256 patent, including, by way of example and not limitation, an Aver Engraving Gouge Machine Air Pressure & Pedal Adjustment.

Lindsay has complied with the statutory requirement of placing required notice of the ‘256 patent and has given the Defendants written notice of the infringement.

Lindsay has been injured by Defendants’ infringing activities, and is entitled to recover money damages from Defendants adequate to compensate it for such Defendants’ infringement, but in no event less than a reasonable royalty together with interest and costs as fixed by the Court, and Lindsay will continue to suffer damages in the future unless Defendants’ infringing activities are enjoined by this Court.

Unless a permanent injunction is issued enjoining Defendants and its respective agents, servants, employees, representatives, affiliates, and all others acting in active concert therewith from infringing the ’256 patent, Lindsay will be greatly and irreparably harmed.

Lindsay re-alleges and incorporates by reference the allegations set forth in Paragraphs 1 through 20 above as if fully set forth herein.

On March 11, 2003, United States Letters Patent No. 6,530,435 (“the ‘435 patent”) entitled APPARATUS FOR A HAND-HELD PNEUMATIC IMPACT TOOL was duly and legally issued by the United States Patent and Trademark Office. A true and correct copy of the ‘435 patent is attached hereto as Exhibit C, and is incorporated herein by reference.

Lindsay is the owner and assignee of all rights, title and interest in and to the ‘435 patent, including the right to assert all causes of action arising under said patent and the right to any remedies for infringement of it.

Defendants have been and now are directly infringing the ‘435 patent in the State of Nebraska, in this judicial district, and elsewhere in the United States, by making, using, selling, offering to sell, and/or importing into the United States products that are covered by the claims of the ‘256 patent, including, by way of example and not limitation, an Aver Engraving Gouge Machine Air Pressure & Pedal Adjustment.

Lindsay has complied with the statutory notice for the ‘435 patent on all hand-held pneumatic tools that embody the patented invention and has given the Defendants written notice of the infringement.

Lindsay has been injured by Defendants infringing activities, and is entitled to recover money damages from Defendants adequate to compensate it for such Defendants’ infringement, but in no event less than a reasonable royalty together with interest and costs as fixed by the Court, and Lindsay will continue to suffer damages in the future unless Defendants’ infringing activities are enjoined by this Court.

Unless a permanent injunction is issued enjoining Defendants and its respective agents, servants, employees, representatives, affiliates, and all others acting in active concert therewith from infringing the ’435 patent, Lindsay will be greatly and irreparably harmed.

Lindsay re-alleges and incorporates by reference the allegations set forth in Paragraphs 1 through 27 above as if fully set forth herein.

Lindsay has common law trademark rights in trade name AirGraver for use in the sale of engraving tools.

Lindsay has used the AirGraver trade name since September 2000 in combination with the sale of engraving tools.

Lindsay has sold engraving tools under the AirGraver in every state in the United States, as well as in dozens of countries around the world.

AirGraver is associated in the minds of the customers of engraving tools as the source of Lindsay’s products.

Defendants activities alleged herein are likely to cause confusion, or cause mistake, or deceive, as to the affiliation, connection, or association of Defendants and Lindsay, and to their respective goods and services.

Defendants activities as described herein constitute false designation of origin and trademark infringement in violation of § 43(a) of the Federal Trademark Act, 15 U.S.C. § 1125(a).

Upon information and belief, Defendants’ wrongful activities have caused, and unless enjoined by this Court will continue to cause, irreparable injury and other damage to Lindsay’s business, reputation, and goodwill in the industry. Lindsay has no adequate remedy at all.

Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Lindsay respectfully requests a trial by jury of all issues properly triable by jury.

Pursuant to Nebraska Civil Rule 40.1, Lindsay respectfully requests a place of trial in Lincoln.

WHEREFORE Lindsay respectfully requests judgment in its favor and against Defendants, as follows:

A judgment in favor of Lindsay that Defendants have infringed the ’256 and ‘345 patents;

A judgment in favor of Lindsay that Defendants have infringed Lindsay’s common law trademark rights;

A permanent injunction against Defendants and its respective officers, directors, agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in active concert therewith from infringing, inducing the infringement of, or contributing to the infringement of the ‘256 and ‘345 patents;

A permanent injunction against Defendants and its respective officers, directors, agents, servants, affiliates, employees, divisions, branches subsidiaries, parents, and all others acting in active concert therewith from infringing, inducing the infringement of, or contributing to the infringement of Lindsay’s common law trademark rights;

A judgment and order requiring Defendants to pay Lindsay its damages, costs, expenses, and pre- and post-judgment interest for its infringement of the ’256 and ‘345 patents as provided under 35 U.S.C. § 284;

A judgment and order finding that this is an exceptional case within the meaning of 35 U.S.C. § 285 and awarding to Lindsay its reasonable attorneys’ fees; and

Such other relief in law and equity as this Court may deem just and proper.

Respectfully submitted this 29 of July, 2011.

By ___s/ Michael Hilgers________

Michael Hilgers (#24483)

Carrie S. Dolton (#24221)