Joint Appendix (Part 1)

Case 2:10-cv-02225-VBF -JC Document 62 Filed 03/18/11 Page 6 of 9 Page ID #:98912345678910111213141516171819202122232425262728an “O Ring” seal at the point of attachment between the stem and manifold of thepipe. The product depicted in Defendant’s advertisements has all of the abovefeatures and is in fact literally Plaintiff’s Six Shooter pipe.24. However, the product that Defendant actually ships to distributors,dealers, and consumers uses a readily visible brass colored screw to attach themanifold and turret. Furthermore, Defendant’s actual product has a shiny andpolished finish on all visible surfaces of the product. In addition, Defendant’sproduct uses a readily visible black “O-Ring” to seal the point of attachmentbetween the stem and the manifold of the pipe.25. Defendants’ photographic depiction of Plaintiff’s product coupled withthe phrase and mark Six Shooter actually deceived and has a tendency to deceive asubstantial segment of distributors, dealers, and potential purchasers and consumersof the product.26. Defendants’ deception is material, in that it is likely to influenceconsumer’s purchasing decisions27. Defendant caused its false statement to enter interstate commerce.28. Plaintiff has been and is injured as a result of the false statement, bydirect diversion of sales from itself to Defendant and by a lessening of the goodwillassociated with Plaintiff’s Six Shooter.29. The product marked below as “Figure 1” is Plaintiff’s Six Shooter.The product marked “Figure 2” below is Defendant’s product advertised as if itwere the same product as in Figure 1:Figure 1 Figure 25-A170-