Rage Hard Choppers v. Daytec Et. Al.

Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 1 of 55 Page ID #:17
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CHRISTIE, PARKER & HALE, LLP
G. WARREN BLEEKER, CA Bar No. 210834 wa1Ten.b1eeker(cph.com CHRISTIE, PARKER & HALE, LLP 655 North Central Avenue, Suite 2300 Glendale, California 91203-1445 Telephone: (626) 795-9900 Facsimile: (626) 577-8800 Attorneys for Plaintiff, RAGE HARD CHOPPERS, INC. DBA BIG BEAR CHOPPERS
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
RAGE HARD CHOPPERS, INC. DBA BIG BEAR CHOPPERS, a California corporation Plaintiff,
vs.
COMPLAINT FOR: (1) Patent Infringement (35 U.S.C. 271) (2) Trade Dress Infringement (15 U.S.C. 1125(a)) (3) Common Law Unfair Competition (4) Statutory Unfair Competition DEMAND FOR TRIAL BY JURY
DAYTEC, a California business entity, form unknown, and PHILIP R. DAY, an individual, Defendants.
For its complaint against Defendants Daytec (Daytec) and Philip R. Day Day (Day) (collectively Defendants), Plaintiff Rage Hard Choppers, Inc. dba Big Bear Choppers (Big Bear) alleges as follows: J1JRISDICTION 1. This is an action for patent infringement in violation of the patent
laws of the United States, 35 U.S.C.
271; for trade dress infringement in
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CHRISUE. PARKER & HALE, LLP
violation of 15 U.S.C. 1125(a); and common law and statutory unfair competition. This Court has jurisdiction over Big Bears federal claims under 28 U.S.C. l338(a) and (b) and has supplemental jurisdiction over Big Bears state law claims under 28 u.S.C. 1267(a). 2. Venue is proper under 28 U.S.C. PARTIES 3. Plaintiff Rage Hard Choppers, Inc. doing business as Big Bear
139 1(b) and (c) and 1400(b).
Choppers, 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 California
business 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 is an
individual 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 and that 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 as
alleged 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 they
have conducted systematic and continuous business within California and within this District. FACTUAL BACKGROUND 9. Big Bear is engaged in the design and sale of custom motorcycles
and motorcycle kits. Big Bears products are sold throughout the United States. BIG BEARS DESIGN PATENT RIGHTS 10. On February 17, 2005, Kevin R. Alsop filed a patent application, -2-
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CI-IRISTIF., PARKER & HALE, LLP
Serial No. 29/223,7 13, with the United States Patent and Trademark Office (PTO) to obtain a design patent for an original design for a motorcycle oil tank. This application titled Motorcycle Oil Tank matured into Patent No. D512,677 which issued on December 13, 2005 (the 677 Patent). Big Bear is the assignee of the 677 Patent. A copy of the 677 Patent is attached hereto as Exhibit A. 11. On February 17, 2005, Kevin R. Alsop filed a patent application,
Serial No. 29/223,724, with the PTO to obtain a design patent for an original and unique design for a motorcycle gas tank. This application titled Motorcycle Gas Tank matured into Patent No. D512,951 which issued on December 20, 2005 (the 951 Patent). Big Bear is the assignee of the 951 Patent. A copy of the 951 Patent is attached hereto as Exhibit B. 12. On February 17, 2005, Kevin R. Alsop filed a patent application,
Serial No. 29/223,734, with the PTO to obtain a design patent for an original and unique design for a motorcycle gas tank. This application titled Motorcycle Gas Tank matured into Patent No. D514,498 which issued on February 7, 2006 (the 498 Patent). Big Bear is the assignee of the 498 Patent. A copy of the 498 Patent is attached hereto as Exhibit C. 13. On February 17, 2005, Kevin R. Alsop filed a patent application,
Serial No. 29/223,7 14, with the PTO to obtain a design patent for an original and unique design for a motorcycle frame. This application titled Motorcycle
Frame matured into Patent No. D517,451 which issued on March 21, 2006 (the 451 Patent). Big Bear is the assignee of the 451 Patent. A copy of the 45 1 Patent is attached hereto as Exhibit D. 14. On October 4, 2005, Kevin R. Alsop filed a patent application, Serial
No. 29/239,845, with the PTO to obtain a design patent for an original and unique design for a motorcycle swing arm. This application titled Motorcycle Frame Swing Arm
matured into Patent No. D542,191 which issued on May 8, 2007
(the 191 Patent). Big Bear is the assignee of the 191 Patent. A copy of the -3-
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191 Patent is attached hereto as Exhibit E. BIG BEARS TRADE DRESS RIGHTS SLED CHOPPER TRADE DRESS
15.
Big Bears Sled Chopper custom motorcycle design includes a
distinctive frame, gas tank, fenders, oil tank and swing arm (hereinafter SLED CHOPPER Trade Dress). 16. Big Bears custom motorcycle design featuring the SLED CHOPPER
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CHRST1E, PARKER & HALE, LLP
Trade Dress has had an outstanding commercial success. As a result, the public recognizes the distinctive design of the SLED CHOPPER frame, gas tank, fenders, oil tank and swing arm as designating an exclusive source, thereby creating goodwill which inures to Big Bears benefit and constituting a proprietary trade dress. 17. Dress. 18. Notwithstanding the rights of Big Bear in the design of the SLED Big Bear is the exclusive licensee of the SLED CHOPPER Trade
CHOPPER Trade Dress, upon information and belief, Defendants have been offering for sale and selling in interstate commerce motorcycle frames which incorporate the SLED CHOPPER Trade Dress. SLED PROSTREET TRADE DRESS 19. Big Bears Sled Prostreet custom motorcycle design includes a
distinctive frame, gas tank, fenders, oil tank and swing arm (hereinafter SLED PROSTREET Trade Dress). 20. Big Bears custom motorcycle design featuring the SLED As a
PROSTREET Trade Dress has had an outstanding commercial success.
result, the public recognizes the distinctive design of the SLED PROSTREET frame, gas tank, fenders, oil tank and swing arm as designating an exclusive source, thereby creating goodwill which inures to Big Bears benefit and constituting a proprietary trade dress.
-4-
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CHRIStiE. PARKER & HAIR. lIP
21. Dress. 22.
Big Bear is the exclusive licensee of the SLED PROSTREET Trade
Notwithstanding the rights of Big Bear in the design of the SLED
PROSTREET Trade Dress, upon information and belief, Defendants have been offering for sale and selling in interstate commerce motorcycle frames which incorporate the SLED PROSTREET Trade Dress. SLED 250 TRADE DRESS 23. Big Bears Sled 250 custom motorcycle design includes a distinctive
frame, gas tank, fenders, oil tank and swing arm (hereinafter SLED 250 Trade Dress). 24. Big Bears custom motorcycle design featuring the SLED 250 Trade As a result, the public
Dress has had an outstanding commercial success.
recognizes the distinctive design of the SLED 250 frame, gas tank, fenders, oil tank and swing arm as designating an exclusive source, thereby creating goodwill which inures to Big Bears benefit and constituting a proprietary trade dress.
25.
Big Bear is the exclusive licensee of the SLED 250 Trade Dress. Notwithstanding the rights of Big Bear in the design of the SLED
26.
250 Trade Dress, upon information and belief, Defendants have been offering for sale and selling in interstate commerce motorcycle frames which incorporate the SLED 250 Trade Dress. VENOM PROSTREET TRADE DRESS 27. Big Bears Venom Prostreet custom motorcycle design includes a
distinctive frame, gas tank, fenders, oil tank and swing arm (hereinafter VENOM PROSTREET Trade Dress). 28. Big Bears custom motorcycle design featuring the VENOM
PROSTREET Trade Dress has had an outstanding commercial success. As a result, the public recognizes the distinctive design of the VENOM PROSTREET frame, gas tank, fenders, oil tank and swing arm as designating an exclusive -5-
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CHRISTIE, PARKER K HALE, ILP
source, thereby creating goodwill which inures to Big Bears benefit and constituting a proprietary trade dress. 29. Trade Dress. 30. Notwithstanding the rights of Big Bear in the design of the VENOM Big Bear is the exclusive licensee of the VENOM PROSTREET
PROSTREET Trade Dress, upon information and belief, Defendants have been offering for sale and selling in interstate commerce motorcycle frames which incorporate the VENOM PROSTREET Trade Dress. VENOM CHOPPER TRADE DRESS 31. Big Bears Venom Chopper custom motorcycle design includes a
distinctive frame, gas tank, fenders, oil tank and swing arm (hereinafter VENOM CHOPPER Trade Dress). 32. Big Bears custom motorcycle design featuring the VENOM
CHOPPER Trade Dress has had an outstanding commercial success. As a result, the public recognizes the distinctive design of the VENOM CHOPPER frame, gas tank, fenders, oil tank and swing arm as designating an exclusive source, thereby creating goodwill which inures to Big Bears benefit and constituting a proprietary trade dress. 33. Dress. 34. Notwithstanding the rights of Big Bear in the design of the VENOM Big Bear is the exclusive licensee of the VENOM CHOPPER Trade
CHOPPER Trade Dress, upon information and belief, Defendants have been offering for sale and selling in interstate commerce motorcycle frames which incorporate the VENOM CHOPPER Trade Dress. DEVILS ADVOCATE CHOPPER TRADE DRESS 35. Big Bears Devils Advocate Chopper custom motorcycle design
includes a distinctive frame, gas tank, fenders, oil tank and swing arm (hereinafter DEVILS ADVOCATE CHOPPER Trade Dress). -6-
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CIIRISTIP, PARKER & SALE, lip
36.
Big Bears custom motorcycle design featuring the DEVILS
ADVOCATE CHOPPER Trade Dress has had an outstanding commercial success. As a result, the public recognizes the distinctive design of the DEVILS ADVOCATE CHOPPER frame, gas tank, fenders, oil tank and swing arm as designating an exclusive source, thereby creating goodwill which inures to Big Bears benefit and constituting a proprietary trade dress. 37. Big Bear is the exclusive licensee of the DEVILS ADVOCATE
CHOPPER Trade Dress. 38. Notwithstanding the rights of Big Bear in the design of the DEVILS
ADVOCATE CHOPPER Trade Dress, upon information and belief, Defendants have been offering for sale and selling in interstate commerce motorcycle frames which incorporate the DEVILS ADVOCATE CHOPPER Trade Dress. DEVILS ADVOCATE PROSTREET TRADE DRESS 39. Big Bears Devils Advocate Prostreet custom motorcycle design
includes a distinctive frame, gas tank, fenders, oil tank and swing arm (hereinafter DEVILS ADVOCATE PROSTREET Trade Dress). 40. Big Bears custom motorcycle design featuring the DEVILS
ADVOCATE PROSTREET Trade Dress has had an outstanding commercial success. As a result, the public recognizes the distinctive design of the DEVILS ADVOCATE PROSTREET frame, gas tank, fenders, oil tank and swing arm as designating an exclusive source, thereby creating goodwill which inures to Big Bears benefit and constituting a proprietary trade dress. 41. Big Bear is the exclusive licensee of the DEVILS ADVOCATE
PROSTREET Trade Dress. 42. Notwithstanding the rights of Big Bear in the design of the DEVILS upon information and belief,
ADVOCATE PROSTREET Trade Dress,
Defendants have been offering for sale and selling in interstate commerce motorcycle frames which incorporate the DEVILS ADVOCATE PROSTREET -7-
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CI-IRISTIE, PARKER & HALE, IKE
Trade Dress. BEAR BONES TRADE DRESS 43. Big Bears Bear Bones custom motorcycle design includes a
distinctive frame, gas tank, fenders, oil tank and swing arm (hereinafter BEAR BONES Trade Dress). 44. Big Bears custom motorcycle design featuring the BEAR BONES
Trade Dress has had an outstanding commercial success. As a result, the public recognizes the distinctive design of the BEAR BONES frame, gas tank, fenders, oil tank and swing arm as designating an exclusive source, thereby creating goodwill which inures to Big Bears benefit and constituting a proprietary trade dress. 45. Dress. 46. Notwithstanding the rights of Big Bear in the design of the BEAR Big Bear is the exclusive licensee of the BEAR BONES Trade
BONES Trade Dress, upon information and belief, Defendants have been offering for sale and selling in interstate commerce motorcycle frames which incorporate the BEAR BONES Trade Dress. SCREAMIN DEMON TRADE DRESS 47. Big Bears Screamin Demon custom motorcycle design includes a
distinctive frame, gas tank, fenders, oil tank and swing arm (hereinafter SCREAMIN DEMON Trade Dress). 48. Big Bears custom motorcycle design featuring the SCREAMIN
DEMON Trade Dress has had an outstanding commercial success. As a result, the public recognizes the distinctive design of the SCREAMIN DEMON frame, gas tank, fenders, oil tank and swing arm as designating an exclusive source, thereby creating goodwill which inures to Big Bears benefit and constituting a proprietary trade dress. 49. Big Bear is the exclusive licensee of the SCREAMIN DEMON -8-
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7
Trade Dress. Notwithstanding the rights of Big Bear in the design of the SCREAMIN DEMON Trade Dress, upon information and belief, Defendants have been offering for sale and selling in interstate commerce motorcycle frames which incorporate the SCREAMTN DEMON Trade Dress. MISS BEHAVIN TRADE DRESS
50.
Big Bears Miss Behavin custom motorcycle design includes a
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CH]USTW., PARKER & HALE. lip
distinctive frame, gas tank, fenders, oil tank and swing arm (hereinafter MISS BEHAVIN Trade Dress). 51. Big Bears custom motorcycle design featuring the MISS BEHAVIN
Trade Dress has had an outstanding commercial success. As a result, the public recognizes the distinctive design of the MISS BEHAVIN frame, gas tank, fenders, oil tank and swing arm as designating an exclusive source, thereby creating goodwill which inures to Big Bears benefit and constituting a proprietary trade dress.
52.
Big Bear is the exclusive licensee of the MISS BEI-{AVIN Trade
Dress. 53. Notwithstanding the rights of Big Bear in the design of the MISS
BEHAVIN Trade Dress, upon information and belief, Defendants have been offering for sale and selling in interstate commerce motorcycle frames which incorporate the MISS BEHAVIN Trade Dress. ATHENA CHOPPER TRADE DRESS
54.
Big Bears Athena Chopper custom motorcycle design includes a
distinctive frame, gas tank, fenders, oil tank and swing arm (hereinafter ATHENA CHOPPER Trade Dress). 55. Big Bears custom motorcycle design featuring the ATHENA
CHOPPER Trade Dress has had an outstanding commercial success. As a result, the public recognizes the distinctive design of the ATHENA CHOPPER frame,
1 2 3
4
gas tank, fenders, oil tank and swing arm as designating an exclusive source, thereby creating goodwill which inures to Big Bears benefit and constituting a proprietary trade dress. 56. Dress. 57. Notwithstanding the rights of Big Bear in the design of the Big Bear is the exclusive licensee of the ATI-IENA CHOPPER Trade
5
6
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11 12 13 14 15 16
ATFIENA CHOPPER Trade Dress, upon information and belief, Defendants have been offering for sale and selling in interstate commerce motorcycle frames which incorporate the ATHENA CHOPPER Trade Dress. ATHENA PROSTREET TRADE DRESS 58. Big Bears Athena Prostreet custom motorcycle design includes a
distinctive frame, gas tank, fenders, oil tank and swing arm (hereinafter ATHENA PROSTREET Trade Dress). 59. Big Bears custom motorcycle design featuring the ATHENA As a
PROSTREET Trade Dress has had an outstanding commercial success.
result, the public recognizes the distinctive design of the ATHENA PROSTREET frame, gas tank, fenders, oil tank and swing arm as designating an exclusive source, thereby creating goodwill which inures to Big Bears benefit and constituting a proprietary trade dress. 60. Trade Dress. 61. Notwithstanding the rights of Big Bear in the design of the Big Bear is the exclusive licensee of the ATHENA PROSTREET
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26
ATHENA PROSTREET Trade Dress, upon information and belief, Defendants have been offering for sale and selling in interstate commerce motorcycle frames which incorporate the ATHENA PROSTREET Trade Dress.
FIRST CLAIM FOR RELIEF (Patent Infringement)
27 28
CFtRJSI1E, PARKER R HALE. LLP
62.
Plaintiff repeats and realleges paragraphs 9 through 61 hereinabove. -10-
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CI-IRIS11E. PARKER K HALE, ILP
63.
On information and belief, Defendants, alone or in concert with
others, have made, offered for sale, and/or sold and continue to sell in this district, motorcycles or motorcycle kits which infringe: the claim of the 677 Patent, the claim of the 951 Patent, the claim of the 498 Patent, the claim of the 451 Patent and the claim of the 191 Patent (collectively the Patents-In-Suit.) 64. The aforesaid acts of Defendants are without right, license, or By its aforesaid acts, Defendants have violated 35 U.S.C.
authorization from Big Bear. 65.
271 by
its infringement of the Patents-In-Suit. 66. On information and belief, the acts of infringement of Defendants
will continue unless enjoined by this Court. 67. Big Bear is being damaged by Defendants infringement of the
Patents-In-Suit and is being and will continue to be irreparably damaged unless Defendants infringement is enjoined by this Court. Big Bear does not have an adequate remedy at law. 68. Big Bear is entitled to an award of damages sufficient to compensate
it for Defendants infringement. 69. On information and belief, Defendants had actual notice of the
Patents-In-Suit and continue to knowingly and willfully infringe with disregard to the rights of Big Bear. Consequently, an award of multiple damages and attorneys fees are appropriate. SECOND CLAIM FOR RELIEF (Trade Dress Infringement) 70. 71. Big Bear repeats and realleges paragraphs 9 through 69 above. Trade Dress identified in paragraphs 15 through 61 is distinctive,
non-functional, and owned by Big Bear. 72. Upon information and belief, the above-described acts of Defendants
constitute trade dress infringement in violation of 15 U.S.C. -11-
1125(a) in that
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5
Defendants have used a motorcycle trade dress comprising colorable imitations or copies of the Trade Dress identified in paragraphs 15 through 61 in a manner that is likely to cause confusion among ordinary consumers as to the source, sponsorship, affiliation, or approval of the Defendants goods. 73. Big Bear is being damaged and is likely to be damaged in the future
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CHRISTIE. PARKER & I-ISlE. h.P
by Defendants infringement by reason of the likelihood that potential purchasers and/or end users of Defendants goods will be confused or mistaken as to the source, sponsorship or affiliation of Defendants motorcycles. 74. Upon information and belief, Defendants have unfairly profited from
the actions alleged herein and will continue to be unjustly enriched unless and until such conduct is enjoined. 75. By reason of Defendants acts alleged herein, Big Bear has suffered
and will continue to suffer damage to its goodwill and has and will continue to suffer irreparable harm unless and until Defendants conduct is enjoined. 76. On information and belief, Defendants acts alleged herein were
willful and conducted in conscious disregard of Big Bears rights. THIRD CLAIM FOR RELIEF (Common Law Unfair Competition) 77. 78. Big Bear repeats and realleges paragraphs 9 through 76 above. The above-described acts of Defendants constitute unfair
competition under the common law of California. 79. Defendants violation of Big Bears rights was oppressive, vexatious, Plaintiff is
intentional, willful and in reckless disregard of Plaintiffs rights. entitled to punitive damages against Defendants. FOURTH CLAIM FOR RELIEF (State Law Statutory Unfair Competition) 80.
Big Bear hereby repeats and realleges paragraphs 9 through 79
hereinabove as though fully set forth herein. -12-
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C[WSTIE. PARKER A HAIR, lIP
81.
The Court has jurisdiction over this Claim pursuant to 27 U.S.C.
Section 1367. 82. By their acts complained of herein, Defendants have engaged in
unfair competition under Cal. Bus. and Prof. Code 83.
17200 et seq.
Big Bear has suffered harm as a result of Defendants actions. REQUEST FOR RELIEF
WHEREFORE, Plaintiff Big Bear prays for relief as follows: 1. That this Court adjudge and declare: a. of this action; b. Bear; c. That Big Bear is the owner and exclusive licensee of the Trade That each of the Patents-in-Suit is valid and owned by Big That it has jurisdiction of the parties and of the subject matter
Dress identified in paragraphs 15 through 61 (Trade Dress); d. That Defendants have committed acts of patent infringement
by making, offering for sale and selling motorcycles and/or motorcycle kits which incorporate designs shown in the Patents-in-Suit; e. That Defendants have committed acts of trade dress
infringement by their offer for sale and sale of motorcycles which incorporate a colorable imitation of Plaintiffs Trade Dress and/or patented designs. 2. That Defendant Day, Defendant Daytec and its officers, directors,
owners, agents, representatives, employees, assigns and suppliers, and all persons acting in concert or privity with any of them be preliminarily and permanently enjoined from using any design of Big Bears Trade Dress and from using any of Big Bears patented designs claimed in the Patents-in-Suit. 3. That Defendants be required by mandatory injunction to deliver to
Big Bear for destruction any and all motorcycles or motorcycle kits in their possession, custody or control which incorporate Plaintiffs Trade Dress and/or -13-
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any of Big Bears patented designs claimed in the Patents-in-Suit. 4. That Big Bear be awarded damages covered by the acts of patent
infringement of Defendants in an amount not less than a reasonable royalty pursuant to 35 U.S.C. to 35 U.S.C. trebled; 5. That Defendants pay to Big Bear all damages suffered by Big Bear
284 or in an amount equal to Defendants profits pursuant
289, whichever is greater and that these damages so ascertained be
and all profits which Defendants received as a result of Defendants infringement of Big Bears trade dress and that such damages be trebled in accordance with the provisionsof15U.S.C. 1117. 6. 7. 8. 9. 10. fees; and 11. That Big Bear have such other or further relief as the Court may That Defendants pay Big Bear punitive damages; That Defendants pay Big Bear prejudgment interest; That Defendants disgorge all profits; That Defendants pay restitution; That Big Bear recovers its costs in this action, including attorneys
deem just and proper.
DATED: May 6, 2013
Respectfully submitted, CHRISTIE, PARKER & HALE, LLP
23
By Attorneys for Plaintiff, RAGE HARD CHOPPERS, INC. DBA BIG BEAR CHOPPERS
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-14CHRISTIE, PARKER & HALE. H.P
1 2 3 4 5 6 7 DATED: May 6, 2013
DEMAND FOR JURY TRIAL Plaintiff, Rage Hard Choppers, Inc. dba Big Bear Choppers, pursuant to Federal Rule of Civil Procedure 38, hereby demands a trial by jury of all issues so triable. Respectfully submitted, CHRISTIE, PARKER & HALE, LLP
By/ @. Warreni1eeke 10 11 12 13
GWB PAS1233679,1_*05/3/13 11:10 PM
Attorneys for Plaintiff, RAGE HARD CHOPPERS, INC. DBA BIG BEAR CHOPPERS
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19
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(12)
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US00D512677S
(10) (45)
United States Design Patent

Alsop
MOTORCYCLE OIL TANK
Inventor: Term: Kevin R. Alsop, P.O. Box 3021, Big Bear City, CA (US) 92314 14 Years
Patent No.: Date of Patent:
US D512,677 S
*
Dcc. 13, 2005
(54) (76) (**) (21) (22) (51)

(52)
Primary ExaminerAlan P. Douglas Assistant ExaminerLinda Brooks (74) Attorney, Agent, or FirmChristie, Parker & Hale, LLP (57)
CLAIM
Appi. No.: 29/223,713 Filed: Feb. 17, 2005
The ornamental design for a motorcycle oil tank, as shown and described.
DESCRIPTION
FIG. 1 is a perspective view showing my new design; FIG. 2 is left side view, with the right side view being a mirror image; FIG. 3 is a front view; FIG. 4 is a bottom view; FIG. 5 is a top view; and, FIG. 6 is a back view of the design. The broken lines show environment and are for illustrative purposes only and form no part of the claimed design. 1 Claim, 6 Drawing Sheets
(58)
LOC (6) Cl 12-06 U.S. CI D12/218 Field of Search D12/114, 218, D12!110; 180/219, 225; 280/833, 835 References Cited
U.S. PATENT DOCUMENTS D209,494 s D23tI,151 S
* *
(56)
12/1967 Watkins 1/1974 Morris
D12/218 D121218
cited by examiner
Exhibit A Page 16
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S. Patent 0 U
Dec. 13, 2005
Sheet 2 of 6
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02 FIG
Exhibit A Page 18
US. Patent
I)ec. 13, 2005
Sheet 3 of 6
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Exhibit A Page 19
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Alsop
MOTORCYCLE GAS TANK
Inventor: Term:
(10)
(45)
US D512,951 S Dcc. 20, 2005
(54) (76) (**) (21) (22) (51)

(52)
Kevin R. Alsop, P.O. Box 3021, Big Bear City, CA (US) 92314
14 Years
Primary ExaminerAlan P. Douglas Assistant ExaminerLinda Brooks (74) Attorney, Agent, or FirmChristie, Parker & Hale, LLP (57)
ClAIM
Appi. No.: 29/223,724 Filed: Feb. 17, 2005 1206 D12/218 D12/218, 110; 180/219; 280/833, 835
The ornamental design for a motorcycle gas tank, as shown
and described. DESCRIPTION FIG. I is a perspective view showing my new design; FIG. 2 is a top view; FIG. 3 is a right side view, the left side being a mirror image thereof; FIG. 4 is a bottom view;
D12/218
280/835
(58)
(56)
LOC (6) Cl U.S. Cl Field of Search
References Cited U.S. PATENT DOCUMENTS D432,486 S

6,478,335 B2
* *
10/2000 Krejci 11/2002 Reed
FIG. 5 is a front view; and, FIG. 6 is a hack view of the design. The broken lines show environment and are for illustrative purposes only and form no part of the claimed design.
OTHER PUBLICAIIONS
Custom Chrome 2002, Aluminum Gas Tank with Optional FlipUp Dash for Softail Models at top left of p. 16.04.*
*
cited by examiner
1 Claim, 4 Drawing Sheets
Exhibit B Page 23
S Patent 0 U
Dec. 20, 2005
Sheet 1 of 4
US D512,951 S
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Exhibit B Page 24
US. Patent
Dec. 20, 2005
Sheet 2 of 4
US D512,951 S
Exhibit B Page 25
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Dec. 20, 2005
Sheet 3 of 4
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Exhibit B Page 26
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Exhibit B Page 27
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US00D514498S
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Alsop
MOTORCYCLE GAS TANK
Inventor: Term: Kevin R. Alsop, P.O. Box 3021, Big Bear City, CA (US) 92314 14 Years
(10)
(45)
US D514,498 S Feb. 7, 2006 *
(54)
(76)
(**) (21) (22)
Primary ExaminerAlan P. Douglas Assistant ExaminerLinda Brooks (74) Attorneg Agent, or FirmChristie, Parker & Hale, LLP
(57)
ClAIM
Appi. No.: 29/223,734
Filed:
Feb. 17, 2005
The ornamental design for a motorcycle gas tank, as shown and described.
(51)
(52)
(58)
LOC (8) Cl 12-06 US. Cl D12/218 Field of Classification Search D12/218, D12/110; 180/219; 280/833, 835
See application file for complete search history.
DESCRIPTION
FIG, 1 is a perspective view showing my new design; FIG. 2 is a top view; P10.3 is a right side view, the left side being a mirror image thereof; FIG. 4 is a bottom view;
(56)
References Cited
U.S. PATENT DOCUMENTS
D432,486 S
6,478,335 B2
* *
10/2000 Krejci
D12/218
FIG. 5 is a front view; and, FIG. 6 is a back view of the design. The broken lines show environment and are for illustrative purposes only arid form no part of the claimed design.
11/2002 Reed
280/835
OTHER PUBLICATIONS Custom Chrome 2002, Aluminum Gas Tank with Optional FlipUp Dash for Softail E Models at the top left of p. 16.04.*
*
cited by examiner
1 Claim, 4 Drawing Sheets
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Exhibit C Page 28
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Feb. 7, 2006
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Exhibit C Page 29
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Feb. 7, 2006
Sheet 2 of 4
US D514,498 S
Exhibit C Page 30
U.S. Patent
Feb. 7, 2006
Sheet 3 of 4
US D514,498 S
Exhibit C Page 31
U.S. Patent
Feb. 7, 2006
Sheet 4 of 4
US D514,498 S
ct;
Exhibit C Page 32
EXHIBNT 0
iio
(12) United States Design Patent
Alsop
(54) (76) (**) (21) (22) (51) (52) (58) MOTORCYCLE FRAME Inventor: Term: Kevin R. Alsop, P.O. Box 3021, Big Bear City, CA (US) 92314 14 Years
(10)
iii
(45)
US00D517451S
111
US D517,451 S * Mar. 21, 2006
Primary ExaminerAlan P. Douglas Assistant ExaminerLjnd a Brooks (74) Attorney, Agent; or Firm-Christie, Parker & Hale, LLP.
(57)
CLAIM
Appi. No.: 29/223,714 Filed: Feb. 17, 2005
The ornamental design for a motorcycle frame, as shown and described. DESCRIPTION FIG. 1 is a perspective view showing my new design; FIG. 2 is a right side view; FIG. 3 is a left side view; FIG. 4 is a top view; FIG. 5 is a bottom view; FIG. 6 is a front view; and, FIG. 7 is a back view of the design. The brokcn lines adjacent the shaded areas represent the bounds of the claimed design, and the broken lines showing portions of a motorcycle frame, form no part of the claimed design. 1 Claim, 5 Drawing Sheets
LOC (8) Cl U.S. Cl Field of Classification Search
12-11 1)12/110 D12/110, D12/117; 180/219, 225, 311, 312 See application file for complete search history. References Cited U.S. PATENT DOCUMENTS
5,921,339 A 6,793,031 BI
* *
(56)
7/1999 Matsuura
9/2004 Greene
180/219 180/225
cited by examiner
Exhibit D Page 33
S Patent 0 U
Mar. 21, 2006
Sheet 1 of S
US D517,451 S
Exhibit D Page 34
U,Sa Patent
Mar. 21, 2006
Sheet 2 of 5
US D517,451 S
Exhibit 0 Page 35
S. Patent 0 U
Mar. 21, 2006
Sheet 3 of 5
US D517,451 S
Exhibit D Page 36
U.S. Patent
Mar. 21, 2006
Sheet 4 of 5
US D517,451 S
c5
Exhibit D Page 37
LI)
LI)
31J 0 9IJ
LU
fco
4Cr)
lllN VIHil HlllllIlI hAIIHIhuhlAhlhlhlh NAll 1 1

US00D542191S
(12)

Alsop
MOTORCYCLE FRAME SWLNG ARM
(10)
(45)
US D542,191 S
**
May 8, 2007
(54)
(76)
(5*)
Inventor: Term:
Kevin R. Alsop, P.O. Box 3021, Big Bear City, CA (US) 92314 14 Years
Primar ExaminerAlan P. Douglas Assistant ExaminerLinda Brooks (74) Attorney, Agent, or FirmChristie, Parker & Hale, LLP. (57) CLAIM
(21) (22)
(51) (52) (58)
AppI. No.: 29/239,845 Filed:

Oct. 4, 2005 LOC (8) CI 12-11 U.S. Cl D12/117 Field of Classification Search D12/l10, D12/114, 117, 159, 160; 1801219, 227; 280/281.1, 280/283286, 288, 288.1, 288.2, 288.3, 288.4 See application file for complete search history. References Cited U.S. PATENT DOCUMENTS D416,215 S D503,363 S
*
The ornamental design for a motorcycle frame swing arm, as shown and described. DESCRIPTION FIG. 1 is a perspective view showing my new design; FIG. 2 is a left side view; FIG. 3 is a rear view; FIG. 4 is a right side view; FiG. 5 is a front elevational view; FIG. 6 is a top view; and, FIG. 7 is a bottom view of the design. The broken lines in the drawing figures show environment, which forms no part of the claimed design. 1 Claim, 7 Drawing Sheets
(56)
11/1999 Hanlon 3/2005 Alsop
Ct
al
D12/110 D12/117
cited by examiner
Exhibit E Page 39
US Patent
May 8, 2007
Sheet 1 of 7
US D542,191 S
Exhibit E Page 40
US Patent
May 8, 2007
Sheet 2 of 7
US D542,191 S
/7
N ZN
Exhibit E Page 41
Ff0.3
-Dm
CD
US Patent
May 8, 2007
Sheet 4 of 7
US D542,191 S
Exhibit E Page 43
FIG.5
(D
S Patent 0 U
May 8, 2007
Sheet 6 of 7
US D542,191 S
co
Exhibit E Page 45
US Patent
May 8, 2007
Sheet 7 of 7
US D542,191 S
::z:z:z::zE H------i\
.----
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--
Exhibit E Page 46
NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
This case has been assigned to District Judge Virginia A. Phillips and the assigned discovery Magistrate Judge is Oswald Parada. The case number on all documents filed with the Court should read as follows:
EDCV13-
841 VAP
(OPx)
Pursuant to General Order 05-07 of the United States District Court for the Central District of California, the Magistrate Judge has been designated to hear discovery related motions.
All discovery related motions should be noticed on the calendar of the Magistrate Judge
NOTICE TO COUNSEL A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is filed, a copy of this notice must be served on all plaintiffs). Subsequent documents must be filed at the following location: Western Division 312 N. Spring St., Rm. G-8 Los Angeles, CA 90012 Southern Division 411 West Fourth St., Rm. 1-053 Santa Ana, CA 92701-4516
..fj
Eastern Division 3470 Twelfth St., Rm. 134 Riverside, CA 92501
Failure to file at the proper location will result in your documents being returned to you.
CV-18 (03/06)
NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY

Name & Address: G. Warren Bleeker, CA Bar No. 210834 warren.bleeker@cph.com CHRISTIE, PARKER & HALE, LLP 655 N. Central Ave., Suite 2300,Glendale, CA 91203 Phn: 626-795-9900; Fax: 626-577-8800
CASE NUMBER
RAGE HARD CHOPPERS, INC. DBA BIG BEAR CHOPPERS, a California corporation,
V.
3 084
SUMMONS
DEFENDANT(S).
DAYTEC, a California business entity, form unknown, and PHILIP R. DAY, an individual,
TO:
DEFENDANT(S): A lawsuit has been filed against you.
days after service of this summons on you (not counting the day you received it), you Within 21 must serve on the plaintiff an answer to the attached Lcomplaint El amended complaint El counterclaim El cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiffs attorney, G. Warren Bleeker whose address is Christie, Parker & Hale, LLP, 655 N.Central Ave., Suite 2300, Glendale, CA 91203 If you fail to do so, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
,
.
Clerk, U S District Court

..-
Dated
By Deputy Clerk
(Seal of the Court)
[Use 60 days f the defendant is the United States or a United States agency, or is an officer or employee of the United States. Allowed 60 days by Rule 12(a)(3)].
CV-OIA(IO/1 I
SUMMONS

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA CIVIL COVER SHEET
I. (a) PLAINTIFFS
Check box if you are representing yourself
DEFENDANTS
( Check box if you are representing yourself
RAGE HARD CHOPPERS, INC. dba BIG BEAR CHOPPERS
DAYTEC and PHILIP R. DAY
(b) Attorneys (Firm Name, Address and Telephone Number. If you are representing yourself, provide same.) G. Warren Bleeker, CA Bar No. 210834, warren.bleeker@cph.com CHRISTIE, PARKER & HALE, LLP 655 North Central Avenue, Suite 2300; Glendale, California 91203-1445 Tel: 626-795-9900; Fax: 626-577-8800
II. BASIS OF JURISDICTION (Place an X in one box only.)
(b) Attorneys (Firm Name, Address and Telephone Number, If you are representing yourself, provide same.)
III. CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only

(Place an X in one box for plaintiff and one for defendant) DEF PTF 1 1 Incorporated or Principal Place Citizen of This State of Business in this State Citizen of Another State 2 2 Incorporated and Principal Place of Business in Another State Citizen or Subject ofa 3 3 Foreign Nation fl El Foreign Country 5. Transferred from Another 6. MultiDistrict Litigation PTF DEF
fl E
1. U.S. Government Plaintiff 2. U.S. Government Defendant
3. Federal Question (U.S. Government Not a Party) Diversity (Indicate Citizenship El 4. of Parties in Item III)
El
IV. ORIGIN (Place an X in one box only.)

1, Original Proceeding
El
2. Removed from State Court
El
3. Remanded from Appellate Court
4. Reinstated or Reopened
Distrkt ISpecifyl
V. REQUESTED IN COMPLAINT: JURY DEMAND: CLASS ACTION under F.R.Cv.P. 23: Yes
fj Yes No
No
(Check Yes only if demanded in complaint.) MONEY DEMANDED IN COMPLAINT: $ common law unfair competition
VI. CAUSE OF ACTION
(Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)
Patent infringement-35 U.S.C. 1, et. seq., Trade dress infringement-iS U.S.C. 1125(a), and
VII. NATURE OF SUIT (Place an X in one box only).

OTHER STATUTES 375 False Claims Act
El El El El El El El
CONTRACT 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment& Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loan (ExcI Vet.) 153 Recovery of Overpayment of Vet. Benefits
El El El El El El El El El El El El El El El
400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce/ICC Rates/Etc. 460 Deportation 470 Racketeer Influ enced & Corrupt Org. 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Commodities/Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Info. Act 896 Arbitration
245 Tort Product Liability 290 All Other Real El Property TORTS PERSONAL INJURY El 310 Airplane
El El
REAL PROPERTY CONT 240 Torts to Land
El El
IMMIGRATION 462 Naturalization Application 465 Other Immigration Actions
PRISONER PETITIONS Habeas Corpus: El 463 Alien Detainee
El El El
TORTS PERSONAL PROPERTY El 370 Other Fraud
510 Motions to Vacate Sentence S3OGeneral 535 Death Penalty Other: 540 Mandamus/Other
fl [ El El El El El El
PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark SOCIALSECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405 (g)) 864 SSID Title XVI 865 RSI (405 (g)) FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendantl 871 IRS-Third Party 26 USC 7609
El
r, 160 Stockholders
Suits
El Slander 330 Fed. Employers El Liability El 340 Marine 345 Marine Product El Liability El 350 Motor Vehicle 355 Motor Vehicle El Product Liability El El El El El
360 Other Personal Injury 362 Personal InjuryMed Maipratice 365 Personal InjuryProduct Liability 367 Health Care/ Pharmaceutical Personal Injury Product Liability 368 Asbestos Personal Injury Product Liabilitf
315 Airplane Product Liability 320 Assault, Libel &
El El El El El El El El El El El
371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability BANKRUPTCY 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accomodations 445 American with DisabilitiesEmployment 446 American with Disabilities-Other
,..,,
El El 550 Civil Rights El 555 Prison Condition 560 Civil Detainee El Conditions of El El El El El El
Confinement FORFEITURE/PENALTY 625 Drug Related Seizure of Property 21 USC 881 6900ther LABOR 710 Fair Labor Standards Act 720 Labor/Mgmt. Relations 740 Railway Labor Act
El
r1
190 Other Contract 195 Contract Product Liability
196 Franchise REAL PROPERTY 899 Admin. Procedures Act/Review of Appeal of El 210 Land Condemnation Agency Decision El 220 Foreclosure 950 Constitutionality of 230 Rent Lease & State Statutes El Ejectment
El
Education k 448 ,
751 Family and Medical Leave Act 790 Other Labor El Litigation 791 Employee Ret. Inc. ety Act 4 1
FOR OFFICE USE ONLY: Case Number: AFTER COMPLETING PAGE 1 OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED ON PAGE 2.
CV-71 (02/13) CIVIL COVER SHEET Page 1 of 2

UMTED STATES DSTRKT COURT, CENTRAL DSTRDCT OF CAUFORMA
CIVIL COVER SHEET
VlIl(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? If yes, list case number(s):
NO
YES
VIII(b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case?
If yes, list case number(s):
Civil cases are deemed related if a previously filed case and the present case:
j NO
YES
(Check all boxes that apply)
A. Arise from the same or closely related transactions, happenings, or events; or
B. Call for determination of the same or substantially related or similar questions of law and fact; or C. For other reasons would entail substantial duplication of labor if heard by different judges; or D. Involve the same patent, trademark or copyright,gone of the factors identified above in a, b or c also is present.
IX. VENUE: (When completing the following information, use an additional sheet if necessary.)
(a) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named plaintiff resides.
fl Check here if the government, its agencies or employees is a named plaintiff.

County in this District:*
If this box is checked, go to item (b).
California County outside of this District; State, if other than California; or Foreign
San Bernardino
j Country
(b) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named defendant resides.
Check here if the government, its agencies or employees is a named defendant. If this box is checked, go to item (c).
. . . .

San Bernardino
California County outside of this District; State, if other than California; or Foreign
Country
(c) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH claim arose. NOTE: In land condemnation cases, use the location of the tract of land involved.
.
. . .
California County outside of this District; State, if other than California; or Foreign Country
San Bernardino
1 or San Luis Obispo Counties Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara
Note: In land condemnation cases, use the location of the tract of land invol
X. SIGNATURE OF ATTORNEY (OR SELF-REPRESENTED LITIGANT):
,.._.
May 6,2013 DATE: Notice to Counsel/Parties: The CV-71 (JS44) Civil Cover Sheet and the information containedrein neither replace nor supplement the filing and service of pleadings or other papers as required by law, This form, approved by the Judicial Conference of the United States in September 1974, is required pursuant to Local Rule 3-1 is not filed but is used by the Clerk of the Court for the purpose of statistics, venue and initiating the civil docket sheet. (For more detailed instructions, see separate instructions sheet). Key to Statistical codes relating to Social Security Cases:
_/)
tJ6C..._..h
Nature of Suit Code
Abbreviation
Substantive Statement of Cause of Action
861
862
HIA
BL
All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended, Also, include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program. (42 U.S.C. 1 935FF(b))
All claims for Black Lung benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969. (30 U.S.C. 923) All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as amended; plus all claims filed for childs insurance benefits based on disability. (42 U.S.C. 405 (g)) All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security Act, as amended. (42 U.S.C. 405 (g)) All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, as amended. All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended. (42 U.S.C. 405 (g)) CIVIL COVER SHEET Page 2of2
863 863
DIWC DlW
864 865
SSID RSI
CV-71 (02/13)

Rage Hard Choppers v. Daytec Et. Al.

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Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 1 of 55 Page ID #:17

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

laws of the United States, 35 U.S.C.

271; for trade dress infringement in

Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 2 of 55 Page ID #:18

139 1(b) and (c) and 1400(b).

Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 3 of 55 Page ID #:19

matured into Patent No. D542,191 which issued on May 8, 2007

Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 4 of 55 Page ID #:20

Big Bears Sled Chopper custom motorcycle design includes a

PROSTREET Trade Dress has had an outstanding commercial success.

Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 5 of 55 Page ID #:21

21. Dress. 22.

Big Bear is the exclusive licensee of the SLED PROSTREET Trade

Notwithstanding the rights of Big Bear in the design of the SLED

Dress has had an outstanding commercial success.

Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 6 of 55 Page ID #:22

Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 7 of 55 Page ID #:23

Big Bears custom motorcycle design featuring the DEVILS

ADVOCATE PROSTREET Trade Dress,

Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 8 of 55 Page ID #:24

Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 9 of 55 Page ID #:25

Big Bears Miss Behavin custom motorcycle design includes a

Big Bear is the exclusive licensee of the MISS BEI-{AVIN Trade

Big Bears Athena Chopper custom motorcycle design includes a

Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 10 of 55 Page ID #:26

PROSTREET Trade Dress has had an outstanding commercial success.

Plaintiff repeats and realleges paragraphs 9 through 61 hereinabove. -10-

Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 11 of 55 Page ID #:27

On information and belief, Defendants, alone or in concert with

authorization from Big Bear. 65.

constitute trade dress infringement in violation of 15 U.S.C. -11-

Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 12 of 55 Page ID #:28

Big Bear hereby repeats and realleges paragraphs 9 through 79

hereinabove as though fully set forth herein. -12-

Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 13 of 55 Page ID #:29

The Court has jurisdiction over this Claim pursuant to 27 U.S.C.

unfair competition under Cal. Bus. and Prof. Code 83.

Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 14 of 55 Page ID #:30

284 or in an amount equal to Defendants profits pursuant

289, whichever is greater and that these damages so ascertained be

deem just and proper.

DATED: May 6, 2013

Respectfully submitted, CHRISTIE, PARKER & HALE, LLP

-14CHRISTIE, PARKER & HALE. H.P

Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 15 of 55 Page ID #:31

1 2 3 4 5 6 7 DATED: May 6, 2013

20 21 22 23 24 25 26 27 28 -15CHIUS11E, PARKER & SALE, UP

Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 16 of 55 Page ID #:32

Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 17 of 55 Page ID #:33

United States Design Patent

Patent No.: Date of Patent:

Dcc. 13, 2005

(54) (76) (**) (21) (22) (51)

Appi. No.: 29/223,713 Filed: Feb. 17, 2005

12/1967 Watkins 1/1974 Morris

Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 18 of 55 Page ID #:34

Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 19 of 55 Page ID #:35

Dec. 13, 2005

Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 20 of 55 Page ID #:36

I)ec. 13, 2005

Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 21 of 55 Page ID #:37

Case 5:13-cv-00841-VAP-OP Document 1 Filed 05/06/13 Page 22 of 55 Page ID #:38