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Checkers Industrial Products v. Rage Powersports

Checkers Industrial Products v. Rage Powersports

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-01947: Checkers Industrial Products, LLC v. Rage Powersports, LLC. Filed in U.S. District Court for the District of Colorado, no judge yet assigned. See http://news.priorsmart.com/-l6s9 for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:12-cv-01947: Checkers Industrial Products, LLC v. Rage Powersports, LLC. Filed in U.S. District Court for the District of Colorado, no judge yet assigned. See http://news.priorsmart.com/-l6s9 for more info.

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Published by: PriorSmart on Jul 26, 2012
Copyright:Public Domain

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02/01/2013

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UNITED STATES DISTRICT COURTDISTRICT OF COLORADO
Civil Action No. _____________CHECKERS INDUSTRIAL PRODUCTS, LLC,a Colorado Limited Liability Company,Plaintiff,v.RAGE POWERSPORTS, LLC,a Missouri Limited Liability Company,Defendant.
COMPLAINT AND JURY DEMAND
Plaintiff, Checkers Industrial Products, LLC (“Checkers”), by and through its counsel of record, Holland & Hart
LLP
, asserts the following complaint against Defendant, RagePowerSports, LLC d/b/a Rage PowerSports Products (collectively, “Rage”), and hereby allegesas follows:1.
 
Plaintiff Checkers is a Colorado Limited Liability Company, with a principalplace of business at 620 Compton Street, Broomfield, CO 80020.
PARTIES
2.
 
Defendant Rage is a Missouri Limited Liability Company, with a principal placeof business at 1402 South Elliot, Aurora, MO 65605.
 
23.
 
Upon information and belief, Rage does business as Rage PowerSports Products.For all purposes herein, Rage includes all activities and actions of Rage PowerSports Productsand both entities are collectively referred to as Rage.4.
 
Rage makes, uses, sells, and/or offers for sale in the United States, and/or importsinto the United States, cable protectors and cable guards.5.
 
This is a civil action for infringement of United States Design Patent Nos.D415,112 (the “’112 Patent”), D418,818 (the “’818 Patent”) and D563,323 (the “’323 Patent”)arising under 35 U.S.C. § 1,
et seq.
 
NATURE OF ACTION
6.
 
This is also an action for trade dress infringement arising under the Lanham Act,15 U.S.C. § 1051
et seq
.7.
 
This Court has subject matter jurisdiction under the Patent Laws of the UnitedStates 35 U.S.C. § 1
et seq.
,
 
and § 39 of the Lanham Act, 15 U.S.C. § 1051,
et seq
., and 28U.S.C. §§ 1331 and 1338. This Court also has jurisdiction over Checkers’ related state andcommon law claims pursuant to 35 U.S.C. §§ 1338 and 1367.
JURISDICTION AND VENUE
8.
 
This Court has personal jurisdiction over Rage because of Rage’s contacts withthis forum, including Rage’s doing business in Colorado and having committed acts of infringement within this forum by promoting, distributing, offering to sell and selling productscovered by Checkers’ design patents and trade dress. Rage has purposely availed itself of thebenefits of conducting business in the District of Colorado and is therefore subject to the jurisdiction in this Court.
 
39.
 
Venue is proper in this Court pursuant to 28 U.S.C. § 1391 (b), (c), (d), and1400(b) because Rage does business, has committed acts of infringement and is subject topersonal jurisdiction in this Court.
A.
 
Checkers’ Design PatentsGENERAL ALLEGATIONS
10.
 
Since 1987, Checkers’ has manufactured and sold superior quality safetyproducts, including cable protectors, to the consuming public. Like those of its competitors,Checkers’ cable protectors are designed to safeguard electrical cables (and other types of cables,cords, hoses, tubing, etc.) from vehicle and pedestrian traffic. Checkers’ cable protectors arealso designed for safe and easy passage of vehicles and pedestrians over the cables and cableprotectors.11.
 
On August 1, 2011, Checkers acquired Peterson Systems International(“Peterson”) and Yellow Jacket, Inc. (“Yellow Jacket”), together with all of their intellectualproperty assets, including the design patents and proprietary trade dress asserted here.12.
 
Since 2011, Checkers has marketed a combined product offering from Checkers,Peterson, and Yellow Jacket including the Yellow Jacket, Wasp, Bumble Bee, DO-Max, DO-Lite, Fox, Crossover, Linebacker, Guard Dog, Cross-Guard, Ramp-Runner, Cross-Link,FastLane, Powerback, Super-Cross and Diamondback lines of cable protector products. All of these products have the principal purpose of protecting cord or tube-like conduit against damagefrom vehicular or pedestrian traffic.13.
 
To distinguish it from competitors, Checkers’ cable protectors are uniquelyconfigured, distinctly colored, use exclusively shaped (T-shaped, L-shaped and “dog bone”

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