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JAT v. Spec-1 - Complaint

JAT v. Spec-1 - Complaint

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Published by slburstein
JAT v. Spec-1 - Complaint
JAT v. Spec-1 - Complaint

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Published by: slburstein on Jun 25, 2014
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06/25/2014

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1 Yang Wang, P.C.
.
Tommy
SF Wang SBN: 272409 2 Andrew J.
Wei
SBN: 293787 3 355 S. Grand Ave., Ste. #2450 Los Angeles,
CA
90071 Telephone: (888) 827-8880 Fax: (888) 827-8880
ALE }
a e
u.s.
D"3m'CT (:O'JRT
~--'- -
'1
~
2
4
2014
I
Email:
twang@yangwanglaw.com;awei@yangwanglaw.com
Attorneys for
Plaintiff JAT
Wheels, Inc. 8 9
UNITED STATES
DISTRICT COURT CENTRAL DISTRICT
OJ
CALIFORNIA.
_
10
JAT
Wheels, Inc., a California
Case~oV
4
4
j
9 7
t
G
It
l-J{,Ii
11
Corporation d/b/a
STR
Racing, Plaintiff,
12
vs.
13
SPEC-l RACING WHEELS
INC, a )
14
Florida Corporation;
and DOES
1-10, collectively, Defendant.
5
16 17
18
19
20
21
22 A
\~\
- 2
L-)
)
)
) ) ) ) ) )
)
) )
COMPLAINT FOR:
1
FEDERAL TRADEMARK INFRINGEMENT
AND
TRADEMARK COUNTERFEITING;
2.
FALSE
DESIGNATION
OF
ORIGIN
[15 U.S.C. §1125(a)/Lanham Act §43(a)]. 3.
FEDERAL TRADEMARK
DILUTION
[15 U.S.C. §1125(c)];
4
FEDERAL
COPYRIGRT
INFRINGEMENT
[17 U.S.C.I06]; 5.
PATENT INFRINGEMENT
[35 U.S.C.271];
6
FEDERAL
UNFAIR
COMPETITION
[15
U.S.C. §1125(a)]; 7.
CALIFORNIA COMMON LAW
UNFAIR
COMPETITION; and
8.
CALIFORNIA
UNFAIR
COMPETITION
CALIFORNIA
BUSINESS
PROFESSIONS
CODES
§17200,
t
seq.]
DEMAND
FOR
JURY TRIAL
.
~
JAT WHEELS INC.'S COMPLAINT
 
1 Plaintiff, JA T WHEELS, Inc. a California Corporation, dba STR Racing 2 (hereinafter Plaintiff'), hereby files this Complaint against Defendant JNC 3 WHEEL COLLECTION (hereinafter Defendant ), and DOES 1 to
10
and alleges 4
as
follows: 6
1
Plaintiff files this action to combat the willful sale
of
unlicensed and 7 counterfeit products (hereinafter Infringing Products ) bearing the 8 Plaintiff's exclusive Trademark and utilizing the Plaintiffs exclusive 9 design patents, and unauthorized use
of
Plaintiffs copyrighted 1
°
photographs. The Defendant
is
a corporation specializing in the research,
11
manufacture and sales
of
aftermarket automobile wheels.
12
2.
Plaintiff seeks a Permanent Injunction, damages, costs, and attorneys' fees
13
as authorized by the Lanham Act, the patent laws
of
the United States,
14
Title 35, United States Code, California's common law, and California
15
Business Professions Code.
17
3.
This Court has subject matter jurisdiction under
28
U.S.C.
§
1331
(federal
18
question) and
28
U.S.C. § 1338(a) (action arising under an Act
of
19
Congress relating to patents or trademarks).
20
4.
On information and belief, Defendants are subject to personal jurisdiction
21
in the Central District
of
California (the District ), consistent with the
22
principles
of
due process and the California Long Arm Statute, because
23
Defendants offer their products for sale in this District, have transacted 24 business in this District, have committed and/or induced acts
of
patent
25
infringement in this District, and/or have placed infringing products into
26
JAT
WHEELS
INC. S COMPLAINT
2
 
1 the stream
of
commerce through established distribution channels with the 2 expectation that such products will be purchased by residents
of
this 3 District. 4
5
Further, this Court has jurisdiction over
laintiffs
California state 5 statutory and common law claims pursuant to
28
U.S.C. § 1367. 6
6
Supplemental jurisdiction exists over Defendant because on information 7 and belief, Defendant conducts business in California and in this judicial 8 district, has purposefully availed itself to California and in this judicial 9 district, or has otherwise availed itself
of
the privileges and protections
of
10
the law
of
the State
of
California, such that this Court's assertion
of
11
jurisdiction over Defendant does not offend traditional notions
of
fair play
12
and due process.
13
7
Venue is proper within the Central District
of
California pursuant to
28 14
U.S.C.
§§
1391(b) and 1400(a) because on information and belief, a
15
substantial part
of
the events or omissions giving rise to the claim
16
occurred in this judicial district, and has caused damages to Plaintiff in
17
this district.
18
THE P RTIES
19 8
Plaintiff, JAT WHEELS, INC., dba STR Racing, is a California 20 corporation duly organized and existing under the laws
of
the State
of
21
California, and whose office is located at address 2107-D
W
22 Commonwealth Ave. #392, Alhambra, California 91803.
23 9
Upon information and belief, Defendant, SPEC-l RACING WHEELS, 24 INC (hereinafter Defendant ), is, and at all times mentioned herein was,
25
a corporation organized and existing under the laws
of
the State
of
26
JAT WHEELS INC.'S COMPLAINT 3

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