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IN THE SUPERIOR COURT OF JACKSON CO! STATE OF GEORGIA J DELTA WING PROJECT 56, LLC, MigNOY 22 Fri $202 Plaintiff, CAMIE W IBUSAS. Ch vy. BEN BOWLBY, DARREN COX, NISSAN CIVIL ACTION FILE MOTOR CO., LTD., NISSAN NO. ‘g > CV S$ MOTORSPORTS INTERNATIONAL CO., LTD., NISSAN INTERNATIONAL, S.A., and NISSAN NORTH AMERICA, INC. Defendants. VERIFIED COMPLAINT FOR TEMPORARY AND PERMANENT. RY INJUNCTION, AND DAMAGES Plaintiff Delta Wing Project 56, LLC (“DWP56”) hereby files this Verified Complaint against Defendants Ben Bowlby, Darren Cox, Nissan Motor Co., Ltd. (Nissan Motor”), Nissan Motorsports International Co., Ltd. (“NISMO”), Nissan International, S.A. (“Nissan International”), and Nissan North America, Inc. (“Nissan North America”). Nissan Motor, NISMO, Nissan International, and Nissan North America are hereinafter collectively referred to as “Nissan.” In support of its Complaint, Plaintiff shows the Court the following: Nature of the Complaint This is an action for damages and injunctive relief arising out of theft of confidential and proprietary information, misappropriation of trade secrets, breach of contracts, unjust enrichment, fraud, and negligent misrepresentation. The Defendants have acted individually, as agents for each other, and in conspiracy with each other to commit the aforementioned actions, which have caused Plaintiff damages and irreparable harm. {00195834.D0C /2} Parties 1 Plaintiff DWP56 is a Delaware limited liability company with its principal place of business in Jackson County, Georgia and registered agent in Fulton County, Georgia. 2. Defendant Bowlby is an individual and a resident of Indiana. Mr. Bowlby’s last known address is 1090 Park Place, Zionsville, Indiana, 46077. 3 Defendant Cox is an individual and a resident of Southampton, United Kingdom. 4. Defendant Nissan Motor is a Japanese corporation with its principal place of business in Kanagawa, Japan. 5. Defendant NISMO is a Japanese corporation with its principal place of business in Kanagawa, Japan. 6. Defendant Nissan International is a Swiss corporation with its principal place of business in Rolle, Switzerland. 7 Defendant Nissan North America is a California corporation with its principal place of business in Tennessee. Nissan North America can be served through its registered agent, LexisNexis Document Solutions, Inc., 40 Technology Pkwy South, #300, Norcross, Georgia, 30092. {o01§5834.00C /2} “2 8. This matter arises because Defendants have engaged in unlawful acts that have significantly and irreparably harmed and continue to harm Plaintiff. 9. Defendants have misappropriated the trade secrets exclusively licensed to DWP56 and used such information and opportunities to compete with DWP56, causing irreparable and ongoing injury to Plaintiff. 10. Defendants have further breached their contracts with DWP56 and engaged in fraud and negligent misrepresentation directed toward DWPs56, which have caused DWP56 significant damages. Jurisdiction and Venue uw ‘This Court has personal jurisdiction over the Defendants because they have transacted substantial business and committed tortious acts and injuries in Georgia. This Court also has subject matter jurisdiction over this case. 12, Venue is proper in this Court because Defendants transacted substantial business and committed tortious acts and injuries in Jackson County. Factual Allegations The Delta Wing Vehicle 13. ‘The Delta Wing race car is a revolutionary vehicle design that competes with Le Mans Prototype vehicles in motorsport races throughout the world. {00155834.D0¢ /2> 3