JAT v. JNC - Complaint

Case 2:14-cv-04898-JFW-MRW Document 1 Filed 06/24/14 Page 1 of 69 Page ID #:7
JAT WHEELS INC.S COMPLAINT

2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Plaintiff, JAT WHEELS, Inc. a California Corporation, dba STR Racing
(hereinafter Plaintiff), hereby files this Complaint against Defendant JNC
WHEEL COLLECTION (hereinafter Defendant), and DOES 1 to 10, and alleges
as follows:
INTRODUCTION
1. Plaintiff files this action to combat the willful sale of unlicensed and
counterfeit products (hereinafter Infringing Products) bearing the
Plaintiffs exclusive Trademark and utilizing the Plaintiffs exclusive
design patents, and unauthorized use of Plaintiffs copyrighted
photographs. The Defendant is a corporation specializing in the research,
manufacture and sales of aftermarket automobile wheels.
2. Plaintiff seeks a Permanent Injunction, damages, costs, and attorneys fees
as authorized by the Lanham Act, the patent laws of the United States,
Title 35, United States Code, Californias common law, and California
Business & Professions Code.
JURISDICTION AND VENUE
3. This Court has subject matter jurisdiction under 28 U.S.C. 1331 (federal
question) and 28 U.S.C. 1338(a) (action arising under an Act of
Congress relating to patents or trademarks).
4. The Court has personal jurisdiction over Defendant since Defendant has
committed acts of trademark infringement and unfair competition in this
district and/or Defendant has sufficient minimum contacts with this
district to such that the exercise of jurisdiction over Defendant by this
Court does not offend traditional notions of fair play and substantial
justice. Among other things, Defendant has advertised, offered to sell and

3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
sold products that infringe Plaintiffs Trademark rights to consumers
within this judicial district, knowing or having reason to know that
consumers, including those within this judicial district, would purchase
said goods from Defendant, believing that they were authentic goods
produced by and/or associated with Plaintiff or its authorized licensees.
5. Further, this Court has jurisdiction over Plaintiffs California state
statutory and common law claims pursuant to 28 U.S.C. 1367.
6. Supplemental jurisdiction exists over Defendant because on information
and belief, Defendant conducts business in California and in this judicial
district, has purposefully availed itself to California and in this judicial
district, or has otherwise availed itself of the privileges and protections of
the law of the State of California, such that this Courts assertion of
jurisdiction over Defendant does not offend traditional notions of fair play
and due process.
7. Venue is proper within the Central District of California pursuant to 28
U.S.C. 1391(b) and 1400(a) because on information and belief, a
substantial part of the events or omissions giving rise to the claim
occurred in this judicial district, and has caused damages to Plaintiff in
this district.
THE PARTIES
8. Plaintiff, JAT WHEELS, INC., dba STR Racing, is a California
corporation duly organized and existing under the laws of the State of
California, and whose office is located at address 2107-D W.
Commonwealth Ave. #392, Alhambra, California 91803.

4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
9. Upon information and belief, Defendant, JNC WHEELS COLLECTION,
is, and at all times mentioned herein was, a corporation organized and
existing under the laws of the State of California, having its principal
place of business at 4525 Whittier Blvd, Los Angeles CA 90022.
10. The true names and capacities, whether individual, corporate, associate or
otherwise, of Defendants herein named DOES 1-10, inclusive are
unknown to Plaintiff. Plaintiff therefore sues said Defendants by such
fictitious names. When the true names and capacities of said Defendants
have been ascertained, Plaintiff will amend this pleading accordingly.
11. Plaintiff further alleges that Defendant and DOES 1-10, inclusive sued
herein by fictitious names are jointly, severally and concurrently liable
and responsible with the named Defendant upon the causes of action
hereinafter set forth.
12. Plaintiff is informed and believes and thereon alleges that at all times
mentioned herein Defendant, and DOES 1-10, inclusive, and each of
them, were the agents, servants, and employees of every other Defendant
and the acts of each Defendant, as alleged herein, were performed within
the course and scope of that agency, service or employment.
FACTS
13. Plaintiff owns the exclusive rights to numerous patents, copyrighted and
trademarked properties.
14. Plaintiff owns and holds the exclusive rights, title, and interest to market
and sell merchandise bearing the STR Trademark (the STR Trademark
or Trademark). Plaintiff registered its trademark on April 18, 2014 with

5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
the United States Patent and Trademark Office. The STR Trademark
registration number is 86256705.
15. Plaintiff is the owner of all right, title and interest in the following U.S.
Design Patents: 1) Application No. 29,492,155 (the 155 patent); 2)
Application No. 29,492,156 (the 156 patent); 3) Application No.
29,492,157 (the 157 patent); 4) Application No. 29,492,158 (the 158
patent); and 5) Application No. 29,492,159 (the 159 patent),
(collectively, the Design Patents).
16. As a result of Defendants unlawful infringement of the Plaintiffs
Design Patents, Plaintiff has suffered and will continue to suffer damages.
Plaintiff is entitled to recover from Defendant the damages suffered as a
result of Defendants unlawful acts.
17. In or around May 2014, Plaintiff discovered that Defendant was
manufacturing and selling automobile parts on the Internet that infringed
on Plaintiffs Design Patents. Some of these parts also bore Plaintiffs
STR Trademark.
18. Defendant uses the STR Trademark in connection with its aftermarket
automobile parts that are in direct competition with Plaintiffs aftermarket
automobile parts. Defendant has used Plaintiffs trademark in its
advertising for such products and services, thereby competing unfairly
with Plaintiff, infringing upon Plaintiffs trademark rights, and improperly
trading on the goodwill established by Plaintiff.
19. In or around May 2014, Plaintiff published photographs to its website
displaying its aftermarket automobile parts. Plaintiff owns the copyrights
and ownership rights to these photographs.

6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
20. Without Plaintiffs consent, Defendant sporadically, but consistently, used
Plaintiffs copyrighted images to promote and sell the Infringing Products
on Defendants website.
21. Defendants infringing activities have caused damages to Plaintiff by
causing customer confusion as to the source of the STR Trademark. In
addition, Defendants use of the aforementioned Design Patent and STR
Trademark has and continues to dilute Plaintiffs goodwill in its products
and business that it has invested significant time and resources.
22. On information and belief, Defendants infringement of one or more of
the Plaintiffs Patents is willful and deliberate, therefore entitling Plaintiff
to enhanced damages and reasonable attorney fees and costs.
23. On information and belief, Defendant intends to continue their unlawful
infringing activity, and Plaintiff continues to and will continue to suffer
irreparable harmfor which there is no adequate remedy at lawunless
Defendant is enjoined by this Court.
COUNT I- FEDERAL TRADEMARK INFRINGEMENT AND
TRADEMARK COUNTERFEITING
24. Plaintiff repeats and re-alleges, as set forth herein, the allegations
contained in paragraphs 1 through 23, and brings the following claim for
trademark infringement pursuant to 15 U.S.C. 1114 against the
Defendant.
25. Plaintiff owns or is licensee of the exclusive rights to the STR
Trademark. The trademark registration is in full force and effect and is
owned by the Plaintiff or Plaintiffs licensors.

7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
26. Plaintiff, and/or those under its authority, manufactures, sells, and
distributes all of its advertising and products in conformity with the
provisions of the United States Trademark law.
27. Despite having actual and constructive notice of the Plaintiff and/or its
licensors federal registration rights, prior common law and statutory
rights to the STR Trademark, Defendant has adopted and used the STR
Trademark in conjunction with the sale of merchandise in the State of
California and interstate commerce.
28. Defendant has distributed, sold, or offered for sale merchandise
displaying Plaintiffs Trademark without Plaintiffs authorization.
Defendants distribution, sale, or offer for sale of merchandise bearing
Plaintiffs Trademark in California and interstate commerce has and will
cause the likelihood of confusion, deception, and mistake in that
consumers will conclude that the products sold by the Defendant are
authorized, sponsored, approved, or associated with the Plaintiff.
29. Defendants use in commerce of Plaintiffs Trademark in conjunction
with the sale of merchandise is an infringement of Plaintiffs registered
STR Trademark in violation of 15 U.S.C. 1114(1).
30. Defendant committed the acts alleged herein intentionally, fraudulently,
maliciously, willfully, wantonly, and oppressively with the intent to injure
the Plaintiff and its business.
31. The Plaintiff has suffered damages as a result of the Defendants acts.
32. The Infringing Products bearing the Plaintiffs Trademark that the
Defendants manufactured, sold, distributed, or offered for sale constitutes
a counterfeit product pursuant to 15 U.S.C. 1116(d).

8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
33. Pursuant to 15 U.S.C. 1117, Plaintiff is entitled to recovery of (1)
Defendants profits; (2) Plaintiffs damages, including lost profits; and (3)
costs of the action. Plaintiff is further entitled to trebled damages above
the amount of actual damages in a sum of not more than three times the
amount of actual damages. Defendants intentional and deceitful actions
make this a case in which the Plaintiff is entitled to an award of attorneys
fees.
34. By reason of the aforementioned acts by Defendant, Plaintiff has suffered
and will continue to suffer irreparable damage, in an amount to be
determined, and damages will continue unless and until enjoined by Order
of this Court.
COUNT II- FALSE DESIGNATION OF ORIGIN [15 U.S.C.
1125(a)/Lanham Act 43(a)]
contained in paragraphs 1 through 34 and brings the following claim for
false designation of origin pursuant to 15 U.S.C. 1125(a) and the
Lanham Act 43(a) against the Defendant.
36. Defendant has used Plaintiffs registered STR Trademark in commerce in
connection with its own goods, where use is likely to cause confusion, or
to cause mistake, or to deceive as to the origin, sponsorship, association or
approval of such goods.
37. By utilizing the Plaintiffs Trademark in its advertising for, and in
connection with its products, Defendant has misrepresented and falsely
described to the general public the origin and the source of the products

9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
offered for sale. Further, it creates a likelihood of confusion, mistake or
deception to the ultimate purchaser as to the source of the products.
38. For example, Defendant markets, conducts business, and publicly
represents that the STR Trademark is associated or connected to the
Defendants business thereby creating a false designation of origin of
Plaintiffs brand of goods and services.
39. The confusion, mistake, or deception referred to herein arises out of the
aforementioned acts of Defendant and the acts of the Defendant constitute
false designation of origin and unfair competition in violation of 15
U.S.C. 1125(a) and Section 43(a) of the Lanham Act.
40. Upon information and belief, the aforesaid acts of the Defendant were
undertaken willfully with the intention of causing confusion, mistake or
deception. Plaintiff is entitled, pursuant to 15 U.S.C. 1117, to recovery
of: (1) Defendants profits; (2) Plaintiffs damages, including lost profits;
and (3) costs of the action. Plaintiff is further entitled to treble damages
above the amount of actual damages in a sum not more than three times
the amount of actual damages. Defendants intentional and deceitful
actions make this a case in which the Plaintiff is entitled to an award of
attorneys fees.
41. By reason of the aforementioned acts by Defendant, Plaintiff has suffered
and will continue to suffer irreparable damage, in an amount to be
determined, which damage will continue unless and until enjoined by
Order of this Court.


10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
COUNT III- FEDERAL TRADEMARK DILUTION [15 U.S.C. 1125(c)]
42. Plaintiff repeats and re-alleges, as if set forth herein, the allegations
trademark dilution pursuant to 15 U.S.C. 1125(c) against the Defendant.
43. Plaintiffs registered Trademark is distinctive, well known and famous.
44. Defendant is diluting the distinctiveness of Plaintiffs Trademark by
marketing and selling inferior goods bearing marks virtually identical or
confusingly similar to Plaintiffs registered Trademark. Upon information
and belief, Defendant has engaged in the conduct alleged in these claims,
willfully intending to trade on Plaintiffs reputation and/or to cause
dilution of the reputable and distinctive Trademark owned by Plaintiff.
45. Defendant markets, conducts business, and publicly represents that the
Trademark is associated or connected to the Defendants business thereby
creating a false designation of origin of Plaintiffs brand of goods and
services. Thus, Defendants acts violate 15 U.S.C. 1125(c).
46. As a direct and proximate result of Defendants trademark dilution,
Plaintiff has and will continue to suffer damages to its business, reputation
and good will, and the loss of royalties and profits that Plaintiff would
have made but for Defendants acts. Upon information and belief,
Defendants acts of infringement have also resulted in substantial profits
for the Defendant. The amount of these damages will be proven at trial.

COUNT IV-FEDERAL COPYRIGHT INFRINGEMENT
contained in paragraphs 1 through 46.

11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
48. Plaintiffs were and are the exclusive holder of all rights, title and interest
in their photographs, as separate and distinct works.
49. Defendant has infringed and is infringing the copyrighted photographs by
unlawfully reproducing and using such photographs in violation of the
United States Copyright Act, 17 U.S.C. 106.
50. Defendants infringement was and is willful, in bad faith, and executed
with full knowledge of Plaintiffs copyright, and in conscious disregard
for Plaintiffs exclusive rights in the protected work.
51. Defendants deliberate infringement of Plaintiffs copyrights has greatly
and irreparably damaged Plaintiff.
52. Defendants production of infringing products and copyrighted material,
and Defendants wrongful conduct, have deprived and continue to deprive
the Plaintiff of their opportunity of expanding their goodwill. Plaintiff is
entitled to an injunction restraining Defendant, its officers, agents, and
employees, and all persons acting in concert with it, from engaging in any
further acts in violation of the copyright laws.
53. Plaintiff is further entitled to recover the damages, including attorneys
fees, they have sustained and will sustain, and any gains, profits, and
advantages obtained by Defendant as a result of Defendants acts of
infringement alleged above. At present, the amount of such damages,
gains, profits, are in an amount to be determined.
COUNT V- INFRINGEMENT OF THE 155 PATENT
54. Plaintiff repeats and re-alleges, as if set forth herein, the allegations

12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
55. Plaintiff is the owner of all right, title, and interest in the 155 patent,
titled STR513 Wheel Design duly and properly issued by the U.S.
Patent and Trademark Office on May 29, 2014. A copy of the 155 patent
is attached as Exhibit A.
56. Defendants have been and/or are directly infringing and/or inducing
infringement of and/or contributory infringing the 155 patent by, among
other things, making, using, offering to sell or selling in the United States,
or importing into the United States, products that are covered by the
design patent, including, by way of example and not limitation, the
JNC003 wheel, attached as Exhibit B.
57. Plaintiff is informed and believes, and on that basis alleges, that
Defendants infringement of the 155 patent has been and continues to be
intentional, willful, and without regard to Plaintiffs rights. Plaintiff is
informed and believes, and on that basis alleges, that Defendants
infringement of the 155 patent is and has been intentional, deliberate, and
willful at least because it had knowledge of the 155 patent through direct
or indirect communications with Plaintiff and/or as a result of its
participation in the aftermarket automobile parts industry.
Defendant has gained profits by virtue of its infringement of the 155
Patent.
59. Plaintiff has sustained damages as a direct and proximate result of
Defendants infringement of the 155 Patent.


13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
COUNT VI- INFRINGEMENT OF THE 156 PATENT
is attached as Exhibit C.
JNC005 wheel, attached as Exhibit D.
Patent.

14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
COUNT VII- INFRINGEMENT OF THE 157 PATENT
is attached as Exhibit E.
JNC006 wheel, attached as Exhibit F.

15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Patent.
is attached as Exhibit G.
JNC026 wheel, attached as Exhibit H.

16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Patent.
is attached as Exhibit I.
JNC012 wheel, attached as Exhibit J.

17
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Patent.
COUNT VI-FEDERAL UNFAIR COMPETITION [15 U.S.C. 1125(a)]
unfair competition pursuant to 15 U.S.C. 1125(a) against the Defendant.
85. As a direct result of the Plaintiffs longstanding use, sales, advertising,
and marketing, Plaintiffs Trademark has acquired a secondary and
distinctive meaning among the public who have come to identify
Plaintiffs Trademark with the Plaintiff and its respective products.
86. Plaintiff is informed and believes that thereon alleges that as early as May
of 2014, Defendant has infringed Plaintiffs Trademark rights by
marketing and selling goods bearing marks virtually identical or
confusingly similar to the recognized and distinctive registered
Trademark, owned by Plaintiff.
87. The Infringing Products and related merchandise that the Defendant has
sold and distributed duplicates and appropriates Plaintiffs Trademark and
deludes and confuses the public into believing that the Plaintiff approved,

18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
authorized, or sponsored the products and related merchandise sold,
offered for sale, or distributed by the Defendant.
88. Defendant, by misappropriating and using the likenesses of Plaintiffs
Trademark in connection with the sale of products and related
merchandise, is misrepresenting and will continue to misrepresent and
falsely describe to the general public the origin and sponsorship of their
products. Defendant has caused such products to enter into interstate
commerce willfully with full knowledge of the falsity of the designation
of their origin and description and representation in an effort to mislead
the purchasing public into believing that their products are authorized or
emanate from the Plaintiff.
89. Defendants actions, as alleged herein, were and are likely to deceive the
consuming public and therefore constitute unfair and fraudulent business
practices in violation of 15 U.S.C. 1125(a).
90. Defendants unlawful, unfair, and fraudulent business practices described
above present a continuing threat to members of the public in that they are
likely to be deceived by the origin and quality of Plaintiffs products.
91. Upon information and belief, Defendants acts of unfair competition have
resulted in substantial profits for the Defendant in an amount to be
determined. Defendants acts of unfair competition have also resulted in
damages to Plaintiff by causing a diversion of sales from Plaintiff to
Defendant, lost royalties and other damages resulting from irreparable
harm to Plaintiffs goodwill. The exact amount of Plaintiffs damages is to
be determined.
92. Plaintiff has also incurred costs and attorneys fees to bring this action.

19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
93. Defendants conduct has caused and will continue to cause irreparable
injury to Plaintiff unless permanently enjoined.
COUNT VII- CALIFORNIA COMMON LAW UNFAIR COMPETITION
unfair competition pursuant to Californias common law against the
Defendant.
95. The Court has jurisdiction over this Cause pursuant to 28 U.S.C. 1367.
96. By Defendants acts alleged herein, the Defendant has engaged in unfair
competition under the common law of the State of California.
97. Defendant has distributed and sold Infringing Products displaying the
Trademark of the Plaintiff in California, thereby creating a false
designation of origin of Plaintiffs brand of goods and unfairly competing
with Plaintiffs business.
98. Upon information and belief, Defendant has knowingly and willfully
misappropriated Plaintiffs Trademark in an effort to create the impression
that the Defendants counterfeit products are sanctioned by the Plaintiff
and to misappropriate the goodwill associated with Plaintiffs Trademark,
entitling Plaintiff to an award of exemplary damages and attorneys fees.
99. The aforesaid acts of the Defendant have caused damage to Plaintiff, in
an amount to be determined.
100. By reason of the acts of the Defendants alleged herein, Plaintiff has
suffered, is suffering and will continue to suffer irreparable damage,
which damage will continue unless enjoined by Order of this Court.

20
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
COUNT VI- UNFAIR COMPETITION UNDER CALIFORNIA
BUSINESS & PROFESSIONS CODE 17200, et seq.
unfair competition pursuant to California Business and Professions Code
17200.
102. The Court has jurisdiction over this Cause pursuant to 26 U.S.C.
1367.
103. By acts complained of herein, Defendant has engaged in unfair
competition under Section 17200 of the Business and Professions Code of
the State of California.
104. Defendants use of the infringing mark complained of herein
constitutes deceptive and misleading advertising and is likely to, and is
intended to, cause confusion to the purchasers and potential purchasers of
the products.
105. Defendant markets, conducts business, and publicly represents that the
Plaintiffs registered Trademark is associated or connected to the
Defendants business and thus creates a false designation of origin of
Plaintiffs brand of goods and services.
106. Upon information and belief, the aforesaid acts of Defendant was
undertaken willfully and with the intention of causing confusion, mistake
and deception, entitling the Plaintiff to an award of exemplary damages
and attorneys fees.
107. The aforesaid acts of Defendant have caused damage to Plaintiff in an
amount to be determined.

21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
108. By reason of the acts of the Defendant alleged herein, Plaintiff has
suffered injury in fact and has lost money or property as a result of
Defendants acts of unfair business practices alleged herein, is suffering
and will continue to suffer irreparable damage, which irreparable damage
will continue unless enjoined by Order of this Court.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff demands entry of a judgment against the Defendant as
follows:
1. The Defendant, its officers, agents, servants, employees, attorneys, and
all those in active concert or participation with them be enjoined and
restrained:
a. From further using Plaintiffs registered Trademark or any other
confusingly similar mark, in connection with the manufacture,
sale, advertisement or promotion of any product or any other
similar infringement of Plaintiffs Trademark rights, for products
not originating from Plaintiff or authorized by Plaintiff;
b. From diluting any of Plaintiffs Trademark or any other
confusingly similar mark;
c. From further using Plaintiffs Design Patents or any other
confusingly similar design, in connection with the manufacture,
sale, advertisement or promotion of any product or any other
similar infringement of Plaintiffs Design Patent rights, for
products not originating from Plaintiff or authorized by Plaintiff;
and

22
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
d. From engaging in unfair competition by making and selling its
products or otherwise using confusingly similar marks and designs,
in such a way as to misrepresent the origin of any of the
Defendants products;
2. For an order requiring Defendant to deliver and be impounded during the
pendency of this action all material in Defendants possession, custody or
control that include or incorporate products that infringe Plaintiffs
Trademark rights, or Design Patent rights, including but not limited to,
any containers, packages, labels and advertisements in their possession or
under their control bearing any of Plaintiffs Trademark or utilizing
Plaintiffs Design Patents, or any simulation, reproduction, counterfeit,
copy, or colorable imitation thereof;
3. Directing that the Defendant report to this Court within thirty (30) days
after a Permanent Injunction is entered to show its compliance with
paragraphs 1 and 2 above;
4. For compensatory damages in an amount to be proven at trial;
5. For all gains, profits and advantages derived by Defendant by its
infringement of Plaintiffs trademark rights and Design Patent rights;
6. For punitive damages in an amount sufficient to punish Defendant for its
wrongful conduct and to deter others from engaging in similar conduct in
the future;
7. For statutory damages as provided by law;
8. For permanent injunction against Defendant, preventing Defendant from
any future usage of any identical or similarly confusing marks related to
Plaintiffs registered Trademark or Design Patents;

23
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
9. Directing such other relief as the Court may deem appropriate to prevent
the trade and public, or individual members thereof, from gaining the
erroneous impression that the Plaintiff authorized or approved any
products manufactured, sold, or otherwise circulated or promoted by the
Defendant or that such products are in any way related to the Plaintiff;
10. For a judgment declaring that this case is exceptional and awarding to
the Plaintiff from the Defendant, as a result of the Defendants sale of
Infringing Products bearing the Plaintiffs Trademark or using Plaintiffs
Design Patents, three times the Plaintiffs damages and three times the
Defendants profits, after an accounting, or statutory damages, should the
Plaintiff opt for such relief, consisting of Five Hundred Thousand Dollars
($500,000.00) for each of the Plaintiffs Trademarks infringed upon by
the Defendant, and to the extent this Court concludes such infringement
was willful, Five Million Dollars ($5,000,000.00) for the Plaintiffs
Trademark infringed upon by the Defendant pursuant to 15 U.S.C.
1114 and 1117;
11. Awarding to the Plaintiff its reasonable attorneys fees and investigative
fees pursuant to 15 U.S.C. 1117;
12. Awarding to the Plaintiff its costs in bringing this action; and
13. Awarding other such relief to the Plaintiff as this Court deems just.


EXHIBIT A

Electronic Acknowledgement Receipt
19153968 EFS ID:
Application Number: 29492155
Confirmation Number: 2886
International Application Number:
Title of Invention: STR513 Wheel Design
First Named Inventor/Applicant Name: Tom Luo
Customer Number: 101028
Application Type: Design
Time Stamp: 03:07:56
Filing Date:
Receipt Date: 29-MAY-2014
Attorney Docket Number:
Filer Authorized By:
Filer: Elizabeth Yang
Payment information:
Submitted with Payment yes
Payment was successfully received in RAM 380 $
Payment Type Credit Card
RAM confirmation Number 12608
Deposit Account
Authorized User
File Listing:
Document
Number
Document Description File Name
File Size(Bytes)/
Message Digest
Multi
Part /.zip
Pages
(if appl.)
1 Application Data Sheet WebADS.pdf
99997
no 6
1d3057dd4df71842d9595419e18aa281eeb
c0af6
Warnings:
Information:
2
Drawings-only black and white line
drawings
STR513_v1.pdf
101925
no 4
bfcac86549757cb253e733e6b83c565ab47
ce446
Warnings:
Information:
3 Fee Worksheet (SB06) fee-info.pdf
32064
no 2
1fb8019d925a6cd6d59ffa495e66ccc0a481
c142
Warnings:
Information:
Total Files Size (in bytes): 233986
This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
Post Card, as described in MPEP 503.

New Applications Under 35 U.S.C. 111
If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
Acknowledgement Receipt will establish the filing date of the application.

National Stage of an International Application under 35 U.S.C. 371
If a timely submission to enter the national stage of an international application is compliant with the conditions of 35
U.S.C. 371 and other applicable requirements a Form PCT/DO/EO/903 indicating acceptance of the application as a
national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.

New International Application Filed with the USPTO as a Receiving Office
If a new international application is being filed and the international application includes the necessary components for
an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
and of the International Filing Date (Form PCT/RO/105) will be issued in due course, subject to prescriptions concerning
national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
the application.
!"#$ &
&'(
FG. 2
FG. 3
2/4
FG. 4
FG. 5
3/4
FG. 6
FG. 7
4/4

EXHIBIT B

6/23/2014 JNC003
http://www.jncwheels.com/jnc-wheel-collection/JNC003 1/3
Home WHEEL COLLECTION JNC003
JNC003
Categories
WHEEL COLLECTION (513)
- JNC001 (62)
- JNC002 (4)
- JNC003 (12)
- JNC004 (84)
- JNC005 (89)
- JNC006 (14)
- JNC007 (3)
- JNC008 (2)
- JNC009 (5)
- JNC010 (33)
- JNC011 (4)
- JNC012 (13)
- JNC013 (20)
- JNC014 (48)
- JNC015 (4)
- JNC016 (6)
- JNC017 (2)
- JNC018 (7)
- JNC019 (7)
- JNC020 (21)
- JNC021 (9)
- JNC022 (11)
- JNC023 (4)
- JNC026 (14)
- JNC027 (17)
- JNC029 (4)
- JNC030 (1)
- JNC031 (12)
- JNC038 (1)
SEARCH BY BOLT PATTERNS
(516)
SEARCH BY SIZES (513)
PHOTO GALLERY (0)
Shop by price: $119 - $130
Show: 100 Sort By: Name (A - Z)
JNC003 Collection
Sizes:
- 15x8
- 15x9
- 18x8.5

JNC003 15x8 - 4x100/4x114.3 -
et0 - Gold Machined Lip
$119.99
JNC003 15x8 - 4x100/4x114.3 -
et0 - Matte Black
$119.99
JNC003 15x8 - 4x100/4x114.3 -
et0 - Matte Bronze
$119.99
Currency $ Home Wish List (0) Compare My Account Shopping Cart Information
WHEEL COLLECTION SEARCH BY BOLT PATTERNS SEARCH BY SIZES PHOTO GALLERY NEW ARRIVALS SPECIALS
Shoppi ng Cart
0 item(s) - $0.00

EXHIBIT C

19153988 EFS ID:
Filing Date:
Deposit Account
Authorized User
File Listing:
Document
Number
File Size(Bytes)/
Message Digest
Multi
Part /.zip
Pages
(if appl.)
96124
no 5
08a853a3deb99279c42046f01ecab7a1c63
04fcd
Warnings:
Information:
2
drawings
STR514_v1.pdf
105870
no 4
8b25767101bff978f0d240926024d4bd01cf
b6f7
Warnings:
Information:
32127
no 2
2ac872571722b0b5693775836ab433cfd8e
65b4f
Warnings:
Information:



the application.
!"#$ &
&'(
FG. 2
FG. 3
2/4
FG. 4
FG. 5
3/4
FG. 6
FG. 7
4/4

EXHIBIT D

6/23/2014 JNC005
JNC005
Categories
- JNC001 (62)
- JNC002 (4)
- JNC003 (12)
- JNC004 (84)
- JNC005 (89)
- JNC006 (14)
- JNC007 (3)
- JNC008 (2)
- JNC009 (5)
- JNC010 (33)
- JNC011 (4)
- JNC012 (13)
- JNC013 (20)
- JNC014 (48)
- JNC015 (4)
- JNC016 (6)
- JNC017 (2)
- JNC018 (7)
- JNC019 (7)
- JNC020 (21)
- JNC021 (9)
- JNC022 (11)
- JNC023 (4)
- JNC026 (14)
- JNC027 (17)
- JNC029 (4)
- JNC030 (1)
- JNC031 (12)
- JNC038 (1)
(516)
PHOTO GALLERY (0)
JNC005 Collection
Sizes:
- 17x8.5, 17x9.5
- 18x8, 18x9, 18x10
- 19x8.5, 19x9.5
- 20x8.5, 20x10

JNC005 17x8.5 - 5x100 - et30 -
Gold Machined Lip
$139.99
New
JNC005 17x8.5 - 5x100 - et30 -
Hyper Black
$149.99
New
JNC005 17x8.5 - 5x100 - et30 -
Matte Black Gold Rivets
$139.99
New
Shoppi ng Cart
0 item(s) - $0.00

EXHIBIT E

19154004 EFS ID:
Filing Date:
Deposit Account
Authorized User
File Listing:
Document
Number
File Size(Bytes)/
Message Digest
Multi
Part /.zip
Pages
(if appl.)
96125
no 5
34b9fc5eb62c3a2e4b3405602c5bfdb3d3e
2be16
Warnings:
Information:
2
drawings
STR522_v1.pdf
100384
no 4
afe10f54305ef04f54b7ba4dc7ce27c80fe8d
548
Warnings:
Information:
32064
no 2
ff00f6727a8eebf74937a833506eca3d981b
3565
Warnings:
Information:



the application.
!"#$ &
&'(
FG. 2
FG. 3
2/4
FG. 4
FG. 5
3/4
FG. 6
FG. 7
4/4

EXHIBIT F

6/23/2014 JNC006
JNC006
Categories
- JNC001 (62)
- JNC002 (4)
- JNC003 (12)
- JNC004 (84)
- JNC005 (89)
- JNC006 (14)
- JNC007 (3)
- JNC008 (2)
- JNC009 (5)
- JNC010 (33)
- JNC011 (4)
- JNC012 (13)
- JNC013 (20)
- JNC014 (48)
- JNC015 (4)
- JNC016 (6)
- JNC017 (2)
- JNC018 (7)
- JNC019 (7)
- JNC020 (21)
- JNC021 (9)
- JNC022 (11)
- JNC023 (4)
- JNC026 (14)
- JNC027 (17)
- JNC029 (4)
- JNC030 (1)
- JNC031 (12)
- JNC038 (1)
(516)
PHOTO GALLERY (0)
JNC006 Collection
Sizes:
- 15x8
- 16x8, 16x8.25
- 17x8, 17x9
- 18x8

JNC006 15x8 - 4x100/4x114.3 -
et18 - Hyper Black
$129.99
JNC006 15x8 - 4x100/4x114.3 -
et18 - Silver Machined Face
$119.99
JNC006 15x8 - 4x100/4x114.3 -
et18 - White
$119.99
Shoppi ng Cart
0 item(s) - $0.00

EXHIBIT G

19154009 EFS ID:
Filing Date:
Deposit Account
Authorized User
File Listing:
Document
Number
File Size(Bytes)/
Message Digest
Multi
Part /.zip
Pages
(if appl.)
96124
no 5
4fc7e6261a5bd0010b191523b2241b30a48
86c03
Warnings:
Information:
2
drawings
STR617_v1.pdf
101923
no 4
57fe6c8f46acfad6b4b44695b2b436592b9c
e48a
Warnings:
Information:
32011
no 2
41ad279f59940a41e576a21a5db28846c19
46de0
Warnings:
Information:



the application.
!"#$ &
&'(
FG. 2
FG. 3
2/4
FG. 4
FG. 5
3/4
FG. 6
FG. 7
4/4

EXHIBIT H

6/23/2014 JNC026
JNC026
Categories
- JNC001 (62)
- JNC002 (4)
- JNC003 (12)
- JNC004 (84)
- JNC005 (89)
- JNC006 (14)
- JNC007 (3)
- JNC008 (2)
- JNC009 (5)
- JNC010 (33)
- JNC011 (4)
- JNC012 (13)
- JNC013 (20)
- JNC014 (48)
- JNC015 (4)
- JNC016 (6)
- JNC017 (2)
- JNC018 (7)
- JNC019 (7)
- JNC020 (21)
- JNC021 (9)
- JNC022 (11)
- JNC023 (4)
- JNC026 (14)
- JNC027 (17)
- JNC029 (4)
- JNC030 (1)
- JNC031 (12)
- JNC038 (1)
(516)
PHOTO GALLERY (0)
JNC026 Collection
Sizes:
- 17x9
- 18x8.5
- 18x9

JNC026 17x9 - 5x100 - et30 -
Hyper Black
$154.99
New
JNC026 17x9 - 5x100 - et30 -
White
$144.99
JNC026 17x9 - 5x114.3 - et30 -
White
$144.99
Shoppi ng Cart
0 item(s) - $0.00

EXHIBIT I

19154013 EFS ID:
Filing Date:
Deposit Account
Authorized User
File Listing:
Document
Number
File Size(Bytes)/
Message Digest
Multi
Part /.zip
Pages
(if appl.)
96126
no 5
88305c64b7812fe2d18495e4dc1324d6544
033e0
Warnings:
Information:
2
drawings
STR618_v1.pdf
97695
no 4
d427a6b311159e6305845eeb26175e4593
193d84
Warnings:
Information:
32113
no 2
fe8e25f603a0bfb6281e5f531f7d1abd2c02a
6a9
Warnings:
Information:



the application.
!"#$ &
&'(
FG. 2
FG. 3
2/4
FG. 4
FG. 5
3/4
FG. 6
FG. 7
4/4

EXHIBIT J

6/23/2014 JNC012
JNC012
Categories
- JNC001 (62)
- JNC002 (4)
- JNC003 (12)
- JNC004 (84)
- JNC005 (89)
- JNC006 (14)
- JNC007 (3)
- JNC008 (2)
- JNC009 (5)
- JNC010 (33)
- JNC011 (4)
- JNC012 (13)
- JNC013 (20)
- JNC014 (48)
- JNC015 (4)
- JNC016 (6)
- JNC017 (2)
- JNC018 (7)
- JNC019 (7)
- JNC020 (21)
- JNC021 (9)
- JNC022 (11)
- JNC023 (4)
- JNC026 (14)
- JNC027 (17)
- JNC029 (4)
- JNC030 (1)
- JNC031 (12)
- JNC038 (1)
(516)
PHOTO GALLERY (0)
JNC012 Collection
Sizes:
- 15x8
- 16x8.25
- 17x8.75

JNC012 15x8 - 4x100/4x114.3 -
et20 - Bronze
$119.99
JNC012 15x8 - 4x100/4x114.3 -
et20 - Hyper Black
$129.99
New
JNC012 15x8 - 4x100/4x114.3 -
et20 - Silver
$119.99
New
Shoppi ng Cart
0 item(s) - $0.00

JAT v. JNC - Complaint

Uploaded by

Copyright:

Available Formats

JAT v. JNC - Complaint

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

JAT v. JNC - Complaint

Uploaded by

Copyright:

Available Formats

Case 2:14-cv-04898-JFW-MRW Document 1 Filed 06/24/14 Page 1 of 69 Page ID #:7

JAT WHEELS INC.S COMPLAINT

You might also like