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Rage Hard v Daytec - Complaint

Rage Hard v Daytec - Complaint

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Published by slburstein
Rage Hard v Daytec - Complaint
Rage Hard v Daytec - Complaint

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Published by: slburstein on May 07, 2013
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05/09/2013

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1234
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CHRISTIE. PARKER&.
HALE.
U.P
0
..
ORIGINAL
G. WARREN BLEEKER, CA
Bar
No. 210834
warren. bleeker(@cph.com
CHRISTIE
PARKER
&
HALE,
LLP
655 North Central Avenue, Suite 2300Glendale, California 91203-1445Telephone: (626) 795-9900Facsimile: (626) 577-8800
Attorney_s for Plaintiff,RAGE HARD CHOPPERS, INC.DBA BIG BEAR CHOPPERSUNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIARAGE
HARD
CHOPPERS, INC.
ED
t\fa{e
Jl
.
O
8
41
flW
l
\'\)
J
DBA BIG BEAR CHOPPERS, a
..
California corporationPlaintiff,vs.DA YTEC, a California business entity,form unknown, and PHILIP
R.
DAY,an individual,Defendants.
.
._,
-·-
-
COMPLAINT FOR:(1)
Patent
Infringement (35
u.s.c.
§
271)(2)
Trade
Dress Infringement (15U.S.C.
§
1125(a))(3) Common Law UnfairCompetition(4)Statutory Unfair CompetitionDEMAND
FOR
TRIAL
BY JURY
For its complaint against Defendants Daytec ("Daytec") and Philip
R.
DayDay ("Day") (collectively "Defendants"), Plaintiff Rage Hard Choppers, Inc. dbaBig Bear Choppers ("Big Bear") alleges as follows:
JURISDICTION
1.
This is an action for patent infringement in violation
of
the patentlaws
of
the United States,
35
U.S.C.
§
271; for trade dress infringement in
-1-
 
1
2
3
456
7
89
10
11
12
13
1415
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18
192021
222324
25
0
violation
of
15
U.S.C. §1125(a); and common law and statutory unfaircompetition. This Court has jurisdiction over Big Bear's federal claims under 28U.S.C.
§§
1338(a) and (b) and has supplemental jurisdiction over Big Bear's statelaw claims under
28
U.S.C. §1267(a).
2.
Venue is proper under 28 U.S.C.
§§
1391(b) and (c) and 1400(b).
PARTIES
3.
Plaintiff Rage Hard Choppers, Inc. doing business as Big BearChoppers, Inc. ("Big Bear"), is a California corporation, with a principal place
of
business at
1331
Riverview Drive, San Bernardino, California, 92408.
4.
Upon information and belief, Defendant Daytec,
is
a Californiabusiness entity, form unknown, with a principal place
of
business at
17501
Lemon Street, Hesperia, California, 92345.
5.
Upon information and belief, Defendant Philip
R.
Day
ts
anindividual who resides in or near Hesperia, California.6. Upon information and belief, each
of
the Defendants was the agent,alter ego, co-conspirator and/or joint venturer
of
each
of
the other Defendants andthat the acts
of
each
of
the Defendants were in the scope
of
such relationship.
7.
Upon information and belief, in doing the acts or failing to act asalleged in this Complaint, each
of
the Defendants acted with the knowledge,permission, and the consent
of
each
of
the other Defendants.
8.
This Court has personal jurisdiction over Defendants because theyhave conducted systematic and continuous business within California and withinthis District.
FACTUAL BACKGROUND
9.Big Bear is engaged in the design and sale
of
custom motorcycles
26
and motorcycle kits. Big Bear's products are sold throughout the United States.
27 BIG BEAR'S DESIGN PATENT RIGHTS28
10. On February 17, 2005, Kevin
R.
Alsop filed a patent application,
-2-
 
0
1
Serial No. 29/223,713, with the United States Patent and Trademark Office (PTO)
2
to obtain a design patent for an original design for a motorcycle oil tank. This
3
application titled "Motorcycle Oil Tank" matured into Patent No. D512,677
4
which issued on December
13,
2005 ("the '677 Patent"). Big Bear
is
the assignee
5
of
the '677 Patent. A copy
of
the '677 Patent
is
attached hereto as Exhibit
A.
6
11. On February
17,
2005, Kevin
R.
Alsop filed a patent application,7 Serial No. 29/223,724, with the PTO to obtain a design patent for an original and
8
unique design for a motorcycle gas tank. This application titled "Motorcycle Gas
9
Tank " matured into Patent No. D512,951 which issued on December 20, 2005
10
("the '951 Patent"). Big Bear is the assignee
of
the
'951
Patent. A copy
of
the
11
'951
Patent is attached hereto as Exhibit
B.
12
12.
On February 17, 2005, Kevin
R.
Alsop filed a patent application,
13
Serial No. 29/223,734, with the PTO to obtain a design patent for an original and
14
unique design for a motorcycle gas tank. This application titled "Motorcycle Gas
15
Tank"
matured into Patent No. D514,498 which issued on February
7,
2006 ("the
16
'498 Patent"). Big Bear
is
the assignee
of
the '498 Patent. A copy
of
the '49817 Patent is attached hereto as Exhibit
C.
18
13. On February 17, 2005, Kevin
R.
Alsop filed a patent application,
19
Serial No. 29/223,714, with the PTO to obtain a design patent for an original and
20
unique design for a motorcycle frame. This application titled "Motorcycle
21
Frame" matured into Patent No. D517,451 which issued on March
21,2006
(''the22 '451 Patent"). Big Bear is the assignee
of
the '451 Patent. A copy
of
the
'451
23
Patent is attached hereto as Exhibit D.
24
14.
On October 4, 2005, Kevin
R.
Alsop filed a patent application, Serial
25
No. 29/239,845, with the PTO to obtain a design patent for an original and unique26 design for a motorcycle swing arm. This application titled "Motorcycle Frame27 Swing Arm " matured into Patent No. D542,
191
which issued on May
8,
2007
28
("the
'191
Patent"). Big Bear is the assignee
of
the '191 Patent. A copy
of
the-3-
CHRISTIE, PARKER&. HALE.
lLP

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