BMW v. Dynamic Performance - Complaint

8/22/2019 BMW v. Dynamic Performance - Complaint

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1 JOHNSON & PHAM, LLPChristopher D. Johnson, SBN: 2226982 E-mail: c b o h n s o n ~ j J h n s o n r a m . c o mChristopher Q. ham, ~ : 2066 73 E-mail: c p h a m ~ o h n s o n p h a m . c o mMarcus F. Chaney, S : 2452274 E-mail: [email protected] R. Vener, SBN: 207941 AUG I 2 2013E-mail: i v e n e r @ ~ h n s o n p h a m . c o m6355 TopaJ1ga {;anyon oulevard, Suite 3266 Woodland Hills, California 91367Telephone: (818) 888-75407 Facsimile: (818) 888-75448 Attorneys for PlaintiffsBMW OF NORTH AMERICA, LLC and9 BAYERISCHE MOTOREN WERKE AG

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UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA13 BMW OF NORTH AMERICA, LLC, aDelaware limited liability_coWEny, and14 BAYERISCHEMOTOREN RKE151617

AG, a German corporation,Plaintiffs,

v.DYNAMIC PERFORMANCE18 WHEELS, INC., a CaliforniaCom_9ration, MILANO DESIGN &19 MOTORING, INC. a CaliforniaCm:poration, MOISE TISHBI, an

20 individual, KICKSTARTMOTORSPORTS, INC., a California21 Corporation, doing business as AVANTGARDE, CHIHCHI "PETER" HAN, an22 individual, and DOES 1-10, inclusive,23

\Defendants.

Case No.:SAlm- ) ; ) X ) . . . ~COMPLAINT FOR DAMAGES )AND DECLARATORY RELIEF:(1) FEDERAL TRADEMARKINFRINGEMENT rt5 U.S.C. 1114/Lanham Act 32(a)l;(2) FALSE DESIGNATION""OFORIGIN/UNFAIRCOMPETITION [15 U.S.C.1125(a)/Lanham Act 43(a)l;(3) 1'RAD'EMARK DILUTION 15U.S.C. 1125(c)l;(4) UNFAfRBUSlNESSPRACTICES [CALIFORNIA

BUSINESS & PROFESSIONSCODE 172001; and(5) UNFAIR COMPETITION(California Common Law)(6) FEDERAL DESIGN PATENTINFRINGEMENT [35 U.S.C.271]rnEMAND FOR JURY TRIALl

- 1 -COMPLAINT FOR DAMAGES


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1 COMES NOW, Plaintiffs BMW OF NORTH AMERICA, LLC ("BM2 NA"), and BAYERISCHE MOTOREN WERKE AG ("BMW AG")( collective!3 "Plaintiffs"), to hereby file their Complaint against DYNAMIC PERFORMANC4 WHEELS, INC., a California Corporation, MILANO DESIGN & MOTORING,5 INC., a California Corporation, MOISE TISHBI, an individual, KICKSTAR6 MOTORSPORTS, INC., a California Corporation, doing business as AVAN7 GARDE, CHIHCHI "PETER" HAN, an individual, and DOES8 (collectively "Defendants").

PARTIES10 1. Plaintiff BMW NA is now, and was at the time of the filing of thi11 Complaint and at all intervening times, a Delaware limited liability compan12 having its principal place of business at 300 Chestnut Ridge Road, Woodclif13 Lake, New Jersey. BMW NA is a wholly owned subsidiary of BMW (US14 Holding Corporation, a Delaware corporation, which is a wholly owned subsidia15 ofBMW AG.16 2. Plaintiff BMW AG is now, and was at the time of the filing of thi17 Complaint and at all intervening times, a German corporation organized under th18 laws of the Federal Republic of Germany with its principal place of business i19 Munich, Germany.20 3. Plaintiffs are informed and believe that DYNAMI21 PERFORMANCE WHEELS, INC. and MILANO DESIGN & MOTORING, INC.22 are now, and were at the time of the filing of this Complaint, and at all intervenin23 times, California Corporations owned and operated by Defendant MOISE TISHBI.24 DYNAMIC PERFORMANCE WHEELS, INC., is located at 110 N. Doheny Driv25 Beverly Hills, California, and MILANO DESIGN & MOTORING, INC.,26 located at 27 49 Tanager A venue, Los Angeles, California.27 4. Plaintiffs are informed and believe that28 MOTORSPORTS, INC., is now and was at the time of filing of this Complaint

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1 and at all intervening times, a California Corporation doing business under th2 fictitious name, AVANT GARDE, owned and operated by Defendant CHIHCH3 "PETER" HAN. KICKSTART MOTORSPORTS, INC., is located at 12316 Bel4 Ranch Drive, Santa Fe Springs, California 90670.5 5. Plaintiffs are informed and believe that, at the time of its creation6 now, and at all times relevant to this Complaint, Defendants DYNAMI7 PERFORMANCE WHEELS, INC., MILANO DESIGN & MOTORING, INC.8 and KICKSTART MOTORSPORTS, INC., did not and do not have sufficien9 funding to assume responsibility for their foreseeable and actual liabilities.

10 6. Plaintiffs are informed and believe that since the time of thei11 creation, now, and at all times relevant to this Complaint, Defendants DYNAMI12 PERFORMANCE WHEELS, INC., MILANO DESIGN & MOTORING, INC.13 and KICKSTART MOTORSPORTS, INC., were undercapitalized.14 7. Plaintiffs are informed and believe that since the time of its creation15 now, and at all times relevant to this Complaint, Defendants DYNAMI16 PERFORMANCE WHEELS, INC., MILANO DESIGN & MOTORING, INC.17 and KICKST ART MOTORSPORTS, INC., have failed to observe the formalitie18 required by law.19 8. Plaintiffs are informed and believe that MOISE TISHBI, is now, an20 was at the time of the filing of this Complaint, and at all intervening times, a21 individual residing in Beverly Hills, California and the owner and operator o22 Defendants DYNAMIC PERFORMANCE WHEELS, INC., and MILAN23 DESIGN & MOTORING, INC.24 9. Plaintiffs are informed and believe that CHIHCHI "PETER" HAN, i25 now, and was at the time of the filing of this Complaint, and at all intervenin26 times, an individual residing in Irvine, California, and the owner and operator o27 Defendant KICKSTART MOTORSPORTS, INC., doing business as AVAN28 GARDE.



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1 10. The true names and capacities, whether individual, corporate2 associate or otherwise, of Defendants herein named as DOES 1-10, inclusive, ar3 unknown to Plaintiffs. Plaintiffs therefore sue said Defendants by such fictitiou4 names. When the true names and capacities of said Defendants5 ascertained, Plaintiffs will amend this pleading accordingly.6 11. Plaintiffs further allege that DYNAMIC PERFORMANCE WHEELS7 INC., MILANO DESIGN & MOTORING, INC., KICKST ART MOTORSPORTS8 INC., doing business as AVANT GARDE, and their respective Internet website9 www .dp-wheels.com, www .milanomotoring.com, www.agwheels.com

10 www.avantgardewheels.com, MOISE TISHBI, doing business as eBay11 "VIP-WHEELS," CHIHCHI "PETER" HAN, and DOES 1-10, inclusive, sue12 herein by fictitious names, are jointly, severally and concurrently liable13 responsible with one another upon the causes of action hereinafter set forth.14 12. Plaintiffs are informed and believe and thereon allege that at all time15 mentioned herein DYNAMIC PERFORMANCE WHEELS, INC., MILAN16 DESIGN & MOTORING, INC., MOISE TISHBI, KICKSTAR17 MOTORSPORTS, INC., doing business as AVANT GARDE, CHIHC18 "PETER" HAN, and DOES 1-10, inclusive, and each of them, were the agents19 servants and employees of every other Defendant and the acts of each Defendant20 as alleged herein, were performed within the course and scope of that agency21 service or employment.22 JURISDICTIONNENUE23 13. This Court has jurisdiction over the subject matter of the First an24 Second and Sixth Causes of Action (violation of the Lanham Act and Patent law25 pursuant to 15 U.S.C. 1121 and/or 28 U.S.C. 1331 and/or 1338(a).26 14. This Court has personal jurisdiction over Defendants as Defendant27 reside within this jurisdiction and have committed the tortious activities o28 trademark and patent infringement and unfair competition in this district and/o

4 COMPLAINT FOR DAMAGES


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1 Defendants have sufficient minimum contacts with this district to such that th2 exercise of jurisdiction over Defendants by this Court does not offend traditiona3 notions of fair play and substantial justice. Among other things, Defendants hav4 advertised, offered to sell and sold products that infringe the trademarks o5 Plaintiffs to consumers within this judicial district for Defendants' o6 commercial gain and have exploited California's extensive marketplace, wherei7 Plaintiffs maintain substantial business contacts and financial interests. Defendant8 have also offered to sell and actually sold counterfeit products (described mor9 fully below) using an interactive internet website and knowing or having reason t

10 know that consumers throughout the United States, including within this judicia11 district, would purchase said counterfeit goods from Defendants, believing tha12 they were authentic goods manufactured and distributed by Plaintiffs or thei13 authorized manufacturers.14 15. Additionally, supplemental jurisdiction exists over Defendant15 because, on information and belief, Defendants conduct business in California an16 in this judicial district, have purposefully directed action to California and thi17 district, or have otherwise availed themselves of the privileges and protections o18 the laws of the State of California, such that this Court's assertion of jurisdictio19 over Defendants does not offend traditional notions of fair play and due process.20 16. Venue is proper in this district, inter alia, pursuant to 28 U.S.C.21 1391 (b) because, on information and belief, a substantial part of the events o22 omissions giving rise to these claims occurred in this judicial district, and ha23 caused damage to Plaintiffs in this district. The counterfeit BMW-brande24 product was purchased from California and Defendants purposefully shipped th25 counterfeit product within California. Moreover, the counterfeit BMW-brande26 product was paid with funds from a financial institution in California, and th27 transaction was processed through PayPal, Inc., located in California. Defendants'28 actions within this district directly interfere with and damage Plaintiffs'



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1 commercial business and harms Plaintiffs' goodwill within this Venue.2 GENERAL ALLEGATIONS3 Plaintiffs and their Well-Known BMW Brand and Products4 17. Plaintiffs are in the business of designing, manufacturing, and/o5 distributing motor vehicles, parts, wheels, floor mats, anti-slip mats, watches6 clothing, USB flash memory drives, key-chains, pocket wallets, cell phone cases7 car stickers and badges, car key cases, car key bags, driving license cases, brak8 pedals, and a variety of other products under various trademarks, including but no9 limited to the BMW marks. Plaintiffs' BMW-branded products and marks hav10 achieved great success since their introduction at least as of 1955 and 198711 respectively.12 18. Plaintiffs' motor vehicles and related products have earned13 reputation for innovation, quality and performance. Plaintiffs have spen14 substantial time, money and effort in developing consumer recognition an15 awareness of their BMW marks and products. Plaintiffs have spent an enormou16 amount ofmoney on print and Internet advertising in order to inform consumers o17 the benefits ofPlaintiffs' products and services.18 19. Through the extensive use ofPlaintiffs' marks, Plaintiffs have built u19 and developed significant goodwill in their entire product line. A wide array o20 newspapers, magazines and television networks have included advertising o21 Plaintiffs' products, which are immediately identified by Plaintiffs' marks.22 20. As a result ofPlaintiffs' efforts, the quality ofPlaintiffs' products, th23 high degree of promotion and the quality and popularity of the BMW moto24 vehicles, the BMW marks have been prominently placed in the minds of th25 public. Consumers, purchasers and the members of the public have becom26 familiar with Plaintiffs' intellectual property and products, and have come t27 recognize the BMW marks and products and associate them exclusively wit28 Plaintiffs. Plaintiffs have acquired a valuable reputation and goodwill among th

-6-COMPLAINT FOR DAMAGES


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1 public as a result of such association. Indeed, the BMW marks are famous in th2 United States and around the world.3 21. While Plaintiffs have gained significant common law trademark an4 other rights in their BMW products and services through their use, advertisin5 and promotion, Plaintiffs have also protected their valuable rights by filing for an6 obtaining numerous federal trademark registrations. This includes registrations fo7 the following non-exhaustive list of Trademarks, the registration certificates fo8 which are attached hereto as Exhibits "A" - "Q," respectively:9 A. BMW: Unites States Patent and Trademark Office ("USPTO") Re

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No.: 0,611,710, Registered September 6, 1955, for automobileand motorcycles;

B. BMW: USPTO Reg. No.: 0,613,465, Registered October 4, 1955for automobiles, motorcycles and parts thereof;

C. BMW: USPTO Reg. No.: 1,164,922, Registered August 11, 1981for motor vehicle repair and maintenance services and dealershiservices;

D. BMW: USPTO Reg. No.: 1,170,556, Registered September 221981, for motor vehicle repair and maintenance services andealership services;

E. BMW: USPTO Reg. No.: 1,450,212, Registered August 4, 1987,for automobiles, safety belts, lighters, ashtrays (not of precioumetal), mats, accessory cases, and pocket wallets;

F. BMW: USPTO Reg. No.: 1,627,241, Registered September 181990, for clothing;G. BMW: USPTO Reg. No.: 2,752,258, Registered August 19, 2003

for metal key rings, non-metal key rings, compact disc playerscellular phones and components thereof, and miniature tovehicles;

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H. BMW: USPTO Reg. No.: 2,816,178, Registered February 24, 200for floor mats for vehicles, compact disc players, non-metal kerings, metal key rings, and miniature toy vehicles;

I. BMW: USPTO Reg. No.: 3,436,270, Registered May 27, 2008, foleasing services for motor vehicles, retail and wholesale financinservices for motor vehicles, credit card services, online personabanking, online customer banking services for credit card, loafinance and lease accounts and loan services;

J. BMW: USPTO Reg. No.: 3,418,573 Registered August 29, 2008leasing and financing services for motor vehicles, online crediapplications and online banking, and loan services;

K. BMW GROUP: USPTO Reg. No.: 3,689,674, RegistereSeptember 29, 2009, for cleaning preparations forautomotive field, polish, car care products, products for the care oleather or rubber, and engine lubricants;

L. M: USPTO Reg. No.: 1,438,545, Registered August 5, 1987, foautomobiles;

M. M: USPTO Reg. No.: 2,683,597, Registered February 12, 2002, fovalve stem caps, license plate framed, gear shift knobs, headwearpullovers, sweaters, shorts, turtlenecks, floor mats, and trunk matt

N. M: USPTO Reg. No.: 3,526,899, Registered November 4, 2008for automobile and parts of automobiles, including but not limiteto engines, wheels, steering wheels, gear shift knobs, headrestsseats, tire valve stem caps, license plate frames, car badges, anscale model cars;

0. M: USPTO Reg. No.: 3,569,473, Registered February 3, 2009, fodriver training services, education and instruction regardinvehicles and driving vehicles;

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P. M: USPTO Reg. No.: 3,767,662, Registered March 30, 2010, foadhesive paper badges and stickers of paper or plastic, engines anmotor vehicles, vehicles and their parts, including but not limiteto badges and trim, tire valve stem caps, gear shift knobs, headrestlicense plate frames, and scales model vehicles and componentthereof; and

Q. M: USPTO Reg. No.: 3,767,663, Registered March 30, 2010, fostickers and automobile parts, including but not limited to engineswheels, steering wheels, headrests, license plate frames, seats, cabadges, tire valve stem caps, gear shift knobs, and scale model car

11 22. Plaintiffs have never authorized or consented to Defendants' use o12 Plaintiffs' BMW Trademarks, or any confusingly similar marks by Defendants.13 Also, Plaintiffs have never authorized Defendants to manufacture, copy, sell14 import, market, or distribute any BMW products.15 Plaintiffs' Design Patents16 23. Plaintiffs are one of the foremost designers and manufacturers o17 automobiles and automobile related products, including wheels, in the world.18 24. Accordingly, Plaintiffs own various valid and lawfully issues Unite19 States Design Patents, including wheel design patent no. 635,078 (Plaintiffs'20 "Design Patent"). A Copy of Plaintiffs' design patent certificate of registratio21 with the USPTO for patent no.: 635,078 is attached hereto as Exhibit "R."2223 25.

Defendants' Wrongful and Infringing ConductParticularly in light of the success ofPlaintiffs and Plaintiffs' product

24 as well as the reputation they have gained, Plaintiffs and their products hav25 become targets for unscrupulous individuals and entities who wish to take a "fre26 ride" on its goodwill, reputation and fame. Plaintiffs have spent considerabl27 effort and resources to build up its products and marks.28



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1 26. A large number of these individuals and entities deal in pirated an2 counterfeit BMW-branded products. Their actions vary and3 manufacturing, copying, exporting, importing, advertising, promoting, selling, an4 distributing counterfeit and otherwise unauthorized products.5 27. Defendants use, amongst other things, the Internet auction websit6 known as www.eBay.com, owned by eBay, Inc., to sell and distribute products7 including counterfeit hard goods bearing Plaintiffs' Marks, described above, t8 consumers. At any given time, there are millions of items listed on eBay for bid o9 purchase by its more than one hundred million (1 00,000,000) registered users.

10 Buyers have the option to purchase items in an auction-style format where user11 bid on products or items can be purchased at a fixed price through a featur12 referred to as "Buy It Now." Using another eBay feature referred to a13 "Feedback," users who have made a purchase on eBay are given the opportunity t14 post positive, neutral or negative reviews in relation to their buying experience.15 While Feedback can give some indication of sales volume, empirical evidenc16 shows that actual sales far exceed the number of feedback entries a seller receives.17 28. Many of the online commercial transactions accomplished by seller18 such as Defendants are accomplished through the PayPal service provided b19 PayPal, Inc., a corporate affiliate of eBay, Inc. Using PayPal, purchasers o20 products can transfer funds to sellers, electronically and online, from any PayPa21 account to any other PayPal account.22 29. Both eBay, Inc. and PayPal, Inc. are headquartered in California. I23 order for individuals, including Defendants, to make use of eBay.com and it24 PayPal services, any individual user must agree to terms and conditions set forth i25 eBay and PayPal's User Agreements, as well as pay various fees associated wit26 any listing or transaction accomplished through eBay and PayPal 's services.27 30. Defendants own and operate their own interactive and commerc28 enabled webpage on eBay.com under the name "VIP-WHEEL." Through thi



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1 webpage, Defendants regularly and systematically advertised, marketed2 distributed and sold products bearing unauthorized BMW registered trademarks.3 As of May 22, 2013, research into Defendants' sales activity showed 1 203 prio4 feedback, virtually all for automotive wheels and rims, and numerous prior sales o5 purported BMW products. Current listings at that time reflected 1,142 auctio6 listings on eBay for this account.7 31. Through such business activities, Defendants purposely derive8 benefit from their interstate commerce activities by expressly targeting foreseeabl9 purchasers in the State of California. But for Defendants' advertising, solicitin

10 and selling of counterfeit BMW products, Plaintiffs would not have been able t11 make a purchase ofthe subject product.12 32. On April 23, 2013, in its ongoing investigation of counterfeit sales o13 BMW products from the State of California, Plaintiffs purchased a set of "214 inch wheels/rims BMW 645 650" from Defendants for a cost of $970.13. A tru15 and correct copy of the Pay Pal purchase receipt is attached hereto as Exhibit "S.'16 The PayPal purchase receipt denotes the seller as "Dynamic Performance Wheels17 Inc." The customer service email reflects the address of [email protected] with a customer service telephone number that is the same as that telephon19 number printed on the boxes containing the infringing wheels and that is listed o20 each of the respective websites.21 33. Also, on information and belief, Defendants operate the commerc22 enabled and interactive Internet websites www.dp-wheels.com,23 www.milanomotoring.com. These websites offer products identical to those sol24 by Defendants through their "VIP-WHEELS" eBay seller ID, including items tha25 appear to be counterfeit and unauthorized BMW and M marked products. Th26 contact telephone number for making purchases from each of these websites is th27 same telephone number printed on the boxes in which the Plaintiffs investigato28 received the counterfeit infringing wheels described above.



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1 34. The products purchased from Defendants on April 20, 2013 wer2 inspected to determine authenticity. The inspection of the purchased item3 confirmed that the items Defendant sold to the investigator were in fact counterfei4 BMW products. The shipping boxes in which the counterfeit items arrive5 indicates that it was sent by DYNAMIC PERFORMANCE WHEELS, INC.,6 listing a shipping address in Los Angeles, California, and the Internet address fo7 the company as www.dp-wheels.com.8 35. Additionally, on June 11, 2013, in its ongomg investigation o9 counterfeit sales of BMW products from the State of California, Plaintiff:

10 purchased a set of "20" BMW Wheels 525 528 530 535 540 545 550 M5" fro11 Defendants for a cost of$1,400.00. A true and correct copy ofthe eBay listing an12 the PayPal purchase receipts evidencing this transaction are attached heret13 collectively as Exhibit "T." The PayPal purchase receipt denotes the seller a14 "Dynamic Performance Wheels, Inc." The customer service email reflects th15 address of [email protected], with a customer service telephone number tha16 is the same as that telephone number printed on the boxes containing the infringin17 wheels and that is listed on each of the respective websites.18 36. The products purchased from Defendants on June 11, 2013 wer19 inspected to determine authenticity. The inspection of the purchased item20 confirmed that the items Defendant sold to the investigator were in fact counterfei21 BMW products. Moreover, the boxes in which the infringing products wer22 given to Plaintiffs investigator, stated "AVANT GARDE," and listed the websit23 www.agwheels.com. Defendants own and operate www.agwheels.com, as well a24 www.avantgarde.com. These websites offer products identical to those sold b25 Defendants through their "VIP-WHEELS" eBay seller ID, including items tha26 appear to be counterfeit and unauthorized BMW and M marked products.27 37. By these sales and, on information and belief, Defendants violated an28 continue to violate Plaintiffs' exclusive rights in its trademarked and patente



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I materials, goods and services, and use images and marks that are confusing!2 similar to, identical to, and/or constitute counterfeit reproductions of Plaintiffs'3 trademarks and patented products to confuse consumers and aid in the promotio4 and sales of its unauthorized goods. Defendants' conduct and use began long afte5 Plaintiffs' adoption and use of its BMW trademarks and designs, after Plaintiff:6 obtained the trademark and patent registrations alleged above, and after Plaintiffs'7 marks became famous. Indeed, Defendants had knowledge ofPlaintiffs' ownershi8 of the marks, and of the fame in such marks, prior to the actions alleged herein, an9 adopted them in bad faith and with intent to cause confusion, tarnish, counterfei

10 and dilute Plaintiffs' marks and products. Defendants also had knowledge o11 Plaintiffs' ownership of the designs and reproduced them in bad faith and i12 violation of Plaintiffs' patent rights. Neither Plaintiffs nor any authorized agent13 have consented to Defendants' use of Plaintiffs' BMW trademarks or designs i14 the manner complained of here.15 38. Defendants' actions were committed in bad faith and with the intent t16 dilute Plaintiffs' marks, and to cause confusion and mistake, and to deceive th17 consuming public and the public at large as to the source, sponsorship and/o18 affiliation ofDefendants, and/or Defendants' counterfeit and unauthorized goods.19 By its wrongful conduct, Defendants have traded upon and diminished Plaintiffs'20 goodwill.21 39. In committing these acts, Defendants have, among other things22 willfully and in bad faith committed the following acts, all of which have and wil23 continue to cause irreparable harm to Plaintiffs: (i) infringed, tarnished, dilute24 Plaintiffs' rights in the BMW marks and design patents; (ii) applied counterfei25 marks; (iii) misled the public into believing there is an association or connectio26 between Defendants and Plaintiffs and/or the products advertised and sold b27 Defendants and Plaintiffs; (iv) used false designations of origin on or in connectio28 with its goods and services; (v) committed unfair competition; (vi) engaged i

13.COMPLAINT FOR DAMAGES


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1 counterfeiting; (vii) infringed upon Plaintiffs patented designs; and (vii) unfair!2 profited from such activity. Unless enjoined, Defendants will continue to caus3 irreparable harm to Plaintiffs.4 FIRST CAUSE OF ACTION5 (Infringement of Registered Trademarks Against Defendants DYNAMIC6 PERFORMANCE WHEELS, INC., MILANO DESIGN & MOTORING,7 INC., MOISE TISHBI, KICKSTART MOTORSPORTS, INC., d/b/a AVANT8 GARDE, CHIHCHI "PETER" HAN and DOES 1 through 10, Inclusive)9 [15 U.S.C. 1114/Lanham Act 32(a)]

10 40. Plaintiffs hereby incorporate by reference each of the other allegation11 set forth elsewhere in this Complaint as though fully set forth in this cause o12 action.13 41. Plaintiffs have continuously used their BMW trademarks in14 interstate commerce.15 42. Plaintiffs, as the owners of all right, title and interest in and to these16 trademarks, have standing to maintain an action for trademark infringement unde17 the U.S. Trademark Statute 15 U.S.C. 1114.18 43. Defendants are and at the time of their actions complained of herei19 were actually aware that Plaintiffs are the registered trademark holders of thes20 BMW marks. (See Exhibits "A" - "Q").21 44. Defendants did not and failed to obtain the consent or authorization o22 Plaintiffs as the registered owners of the marks to deal in and commerciall23 distribute, market and sell BMW products bearing Plaintiffs' asserted marks int24 the stream of commerce.25 45. Defendants intentionally and knowingly used in commerce th26 reproductions, counterfeits, copies, and/ or colorable imitations of Plaintiffs'27 asserted marks in connection with the sale, offering for sale, distribution, o28



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1 advertising of Defendant's goods by offering, advertising, promoting, retailing2 selling, and distributing counterfeit BMW products bearing the BMW marks.3 46. Defendants reproduced, counterfeited, copied, and colorably imitate4 Plaintiffs' registered BMW marks and applied such reproductions, counterfeits5 copies, or colorable imitations to labels, signs, prints, packages, wrappers6 receptacles and/or advertisements intended to be used in commerce upon or i7 connection with the sale, offering for sale, distribution, and/or advertising o8 goods. Defendants thereupon offered, advertised, promoted, retailed, sold, an9 distributed counterfeit BMW products bearing the BMW marks.10 47. Defendants' egregious and intentional use and sale11 counterfeit items bearing Plaintiffs' trademarks is likely to cause confusion, or t12 cause mistake, or to deceive, mislead, betray, and defraud consumers who believ13 that Defendants' items are authentic products manufactured by Plaintiffs.14 48. Defendants' acts have been committed with knowledge ofPlaintiffs'15 exclusive rights and goodwill in the marks, as well as with bad faith and the inten16 to cause confusion or to cause mistake and to deceive.17 49. Plaintiffs have suffered and will continue to suffer substantial an18 irreparable injury, loss and damage to its rights in and to the BMW marks and th19 goodwill associated therewith, for which it has no adequate remedy at law; thu20 Plaintiffs request injunctive relief.21 50. Defendants' continued and knowing use of Plaintiffs' asserted mark22 without Plaintiffs' consent or authorization constitutes intentional infringement o23 Plaintiffs' federally registered trademarks in violation of Section 32 of the Lanha24 Act, 15 U.S. C. 1114. Based on such conduct, Plaintiffs are entitled to injunctiv25 relief as well as monetary damages, and other remedies provided by sections 111626 1117, and 1118, including Defendants' profits, treble damages, reasonabl27 attorneys' fees, costs, statutory damages and/or prejudgment interest.28 //



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1 SECOND CAUSE OF ACTION2 (False Designation of Origin & Unfair Competition Against Defendants3 DYNAMIC PERFORMANCE WHEELS, INC., MILANO DESIGN &4 MOTORING, INC., MOISE TISHBI, KICKSTART MOTORSPORTS, INC.,5 d/b/a AVANT GARDE, CHIHCHI "PETER" HAN and DOES 1 through 10,6 Inclusive)7 [15 U.S.C. 1125(a)/Lanham Act 43(a)]8 51. Plaintiffs hereby incorporate by reference each of the other allegation9 set forth elsewhere in this Complaint as though fully set forth in this cause o

10 action.11 52. Plaintiffs, as the owners of all common law right, title, and interest i12 and to the BMW marks, have standing to maintain an action for false designatio13 of origin and unfair competition under the Federal Trademark Statute, Lanham Ac14 section 43(a) (15 U.S.C. 1125). Plaintiffs' asserted marks are fanciful, inherent!15 distinctive and/or have acquired distinctiveness.16 53. Defendants have without authorization, on or in connection with it17 goods and services, used in commerce marks that are confusingly similar to th18 asserted marks, and/or has made false designations of origin which are likely t19 cause confusion or cause mistake or to deceive as to the affiliation, connection o20 association of Defendants with Plaintiffs, and/or as to the origin, sponsorship o21 approval of Defendants' goods or services or commercial activities.22 54. Defendants' conduct described above violates the Lanham Act, an23 Defendants have unfairly competed with and injured and, unless immediate!24 restrained, will continue to injure Plaintiff, causing damage to Plaintiffs in a25 amount to be determined at trial, and will cause irreparable injury to Plaintiffs'26 goodwill and reputation associated with the value of Plaintiffs' mark.27 II28 II



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1 55. On information and belief, the conduct of Defendants has bee2 knowing, deliberate, willful, intended to cause confusion, or to cause mistake or t3 deceive and in blatant disregard ofPlaintiffs' rights.4 56. Defendants knew, or by the exercise of reasonable care should hav5 known, that their adoption and commencement of use in commerce and continuin6 use of marks that are confusingly similar to and constitute a counterfei7 reproduction of Plaintiffs' asserted marks would cause confusion, mistake, o8 deception among purchasers, users and the public.9 57. Defendants' egregious and intentional use and sale of fake, pirate10 and counterfeit items bearing Plaintiffs' asserted marks unfairly competes wi11 Plaintiffs and is likely to cause confusion, mistake, or to deceive, mislead, betray12 and defraud consumers to believe that the substandard imitations are genuin13 BMW or products.14 58. Defendants' continuing and knowing use of Plaintiffs' asserted mark15 constitutes false designation of origin and unfair competition in violation o16 Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a), causing Plaintiffs to suffe17 substantial and irreparable injury for which it has no adequate remedy at law.18 59. Defendants' wrongful conduct has permitted or will permit it to mak19 substantial sales and profits on the strength of Plaintiffs' marketing, advertising20 sales and consumer recognition. As a direct and proximate result of Defendants'21 wrongful conduct, as alleged herein, Plaintiffs have been and will be deprived o22 sales of its BMW products in an amount as yet unknown but to be determined a23 trial, and has been deprived and will be deprived of the value of their marks a24 commercial assets in an amount as yet unknown but to be determined at trial25 Plaintiffs seek damages and an accounting of Defendants' profits, and requests tha26 the Court grant Plaintiffs three times that amount in the Court's discretion.27 //28 //



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1 60. Based on Defendants' wrongful conduct, Plaintiffs are entitled t2 injunctive relief as well as monetary damages, and other remedies as provided b3 the Lanham Act, including Defendants' profits, treble damages, reasonabl4 attorneys' fees, costs and prejudgment interest.5 THIRD CAUSE OF ACTION6 (Trademark Dilution Against Defendants DYNAMIC PERFORMANCE7 WHEELS, INC., MILANO DESIGN & MOTORING, INC., MOISE TISHBI8 KICKSTART MOTORSPORTS, INC., d/b/a AVANT GARDE, CHIHCHI9 "PETER" HAN and DOES 1 through 10, Inclusive)

10 [15 U.S.C. 1125(c)]11 61. Plaintiffs hereby incorporate by reference each of the other allegation12 set forth elsewhere in this Complaint as though fully set forth in this cause o13 action.14 62. Plaintiffs' asserted marks are distinctive and famous within th15 meaning of the Lanham Act.16 63. Upon information and belief, Defendants' unlawful actions bega17 long after Plaintiffs' mark became famous, and Defendants acted knowingly18 deliberately and willfully with the intent to trade on Plaintiffs' reputation and t19 dilute Plaintiffs' asserted marks. Defendants' conduct is willful, wanton an20 egregtous.21 64. Defendants' intentional sale of fake, pirated and counterfeit item22 bearing Plaintiffs' marks is likely to cause confusion, mistake, or to deceive23 mislead, betray, and defraud consumers to believe that the substandard imitation24 are genuine BMW products. The actions of Defendants complained of herei25 have diluted and will continue to dilute Plaintiffs' asserted and other marks, an26 are likely to impair the distinctiveness, strength and value of Plaintiffs' marks, and27 injure the business reputation of Plaintiffs and their marks.28 //



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1 65. Defendants' acts have caused and will continue to cause Plaintiff:2 irreparable harm. Plaintiffs have no adequate remedy at law to compensate it full3 for the damages that have been caused and which will continue to be caused b4 Defendants' unlawful acts, unless they are enjoined by this Court.5 66. As the acts alleged herein constitute a willful violation of sectio6 43(c) of the Lanham Act, 15 U.S.C. section 1125(c), Plaintiffs are entitled t7 injunctive relief as well as monetary damages and other remedies provided by 158 U.S.C. 1116, 1117, 1118, and 1125(c), including Defendants' profits, actual an9 statutory damages, treble damages, reasonable attorney's fees, costs an

10 prejudgment interest.11 FOURTH CAUSE OF ACTION12 (Unlawful, Unfair, Fraudulent Business Practices Against Defendants13 DYNAMIC PERFORMANCE WHEELS, INC., MILANO DESIGN &14 MOTORING, INC., MOISE TISHBI, KICKSTART MOTORSPORTS, INC.,15 d/b/a AVANT GARDE, CHIHCHI "PETER" HAN and DOES 1 through 10,16 Inclusive)17 [California Business & Professions Code 17200 et seq.]18 67. Plaintiffs hereby incorporate by reference each of the other allegation19 set forth elsewhere in this Complaint as though fully set forth in this cause o20 action.21 68. By marketing, advertising, promoting, selling and/or otherwis22 dealing in the counterfeit BMW products, Defendants have engaged in unfai23 competition including unlawful, unfair and fraudulent business practices24 violation of the California Business andProfessions Code 17200 et seq.25 69. Defendants' marketing, advertising, promoting, selling and/or26 otherwise dealing in the counterfeit BMW products is in violation and derogatio27 of Plaintiffs' rights and is likely to cause confusion, mistake and deception am on28 consumers and the public as to the source, origin, sponsorship, or quality of th



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1 goods ofDefendant, thereby causing loss, damage and injury to Plaintiff and to th2 purchasing public. Defendants' conduct was intended to cause such loss, damag3 and injury.4 70. Defendants knew or by the exercise of reasonable care should hav5 known that their marketing, advertising, promoting, selling and/or otherwis6 dealing in and their continuing marketing, advertising, promoting, selling and/o7 otherwise dealing in the counterfeit product would cause confusion mistake o8 deception among purchasers, users and the public.9 71. By marketing, advertising, promoting, selling and/or otherwis10 dealing in and their continuing marketing, advertising, promoting, selling and/o11 otherwise dealing in counterfeit versions of Plaintiffs marks and products12 Defendants intended to, did and will continue to induce customers to purchase it13 false and counterfeit products by trading off the extensive goodwill built up b14 Plaintiffs' in their marks.15 72. Upon information and belief, the conduct of Defendants has bee16 knowing, deliberate, willful, intended to cause confusion, or to cause mistake or t17 deceive, and in disregard ofPlaintiffs' rights.18 73. Defendants' wrongful conduct, as alleged above, has permitted an19 will permit them to make substantial sales and profits on the strength of Plaintiffs'20 nationwide marketing, advertising, sales and consumer recognition. As a direc21 and proximate result ofDefendants' wrongful conduct, as alleged herein, Plaintiffi22 have been and will be deprived of substantial sales of its products in an amount23 yet unknown but to be determined at trial, and have been and will be deprived o24 the value of their trademarks as commercial assets, in an amount as yet unkno25 but to be determined at trial. Plaintiffs seek restitution in this matter, including26 order granting Defendants' profits stemming from its infringing activity, and it27 actual and/or compensatory damages.28 //



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74. Plaintiffs have no adequate remedy at law for Defendants' continuin2 violation of its rights set forth above. Plaintiffs seek injunctive relief.3 75. Plaintiffs further request a court issue an order to "freeze" any asset4 or impose a constructive trust over all monies and assets in Defendants' possessio5 which rightfully belong to Plaintiffs.6 FIFTH CAUSE OF ACTION7 (Unfair Competition Against Defendants DYNAMIC PERFORMANCE8 WHEELS, INC., MILANO DESIGN & MOTORING, INC., MOISE TISHBI,9 KICKSTART MOTORSPORTS, INC., d/b/a AVANT GARDE, CHIHCHI

10 "PETER" HAN and DOES 1 through 10, Inclusive)11 [California Common Law]12 76. Plaintiffs hereby incorporate by reference each of the other allegation13 set forth elsewhere in this Complaint as though fully set forth in this cause o14 action.15 77. By marketing, advertising, promoting, selling and/or otherwis16 dealing in the counterfeit BMW products, Defendants have engaged in unfai17 competition including unlawful, unfair and fraudulent business practices i18 violation ofthe common law ofthe State ofCalifornia.19 78. Defendants' marketing, advertising, promoting, selling and/o20 otherwise dealing in the counterfeit BMW products is in violation and derogatio21 of Plaintiffs' rights and is likely to cause confusion, mistake and deception amon22 consumers and the public as to the source, origin, sponsorship, or quality of th23 goods of Defendant, thereby causing loss, damage and injury to Plaintiffs and t24 the purchasing public. Defendants' conduct was intended to cause such loss25 damage and injury.26 79. Defendants knew or by the exercise of reasonable care should hav27 known that their marketing, advertising, promoting, selling and/or otherwis28 dealing in and their continuing marketing, advertising, promoting, selling and/o

-21 -COMPLAINT FOR DAMAGES


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1 otherwise dealing in the counterfeit product would cause confusion mistake o2 deception among purchasers, users and the public.3 80. By marketing, advertising, promoting, selling and/or otherwis4 dealing in and their continuing marketing, advertising, promoting, selling and/o5 otherwise dealing in counterfeit versions of Plaintiffs marks, copyrights an6 products, Defendants intended to and did induce and intends to and will indue7 customers to purchase its products by trading off the extensive goodwill built up b8 Plaintiffs' in their marks.9 81. Upon information and belief, the conduct of Defendants has bee

10 knowing, deliberate, willful, intended to cause confusion, or to cause mistake or t11 deceive, and in disregard ofPlaintiffs' rights.12 82. Defendants' wrongful conduct, as alleged above, has permitted an13 will permit them to make substantial sales and profits on the strength ofPlaintiffs'14 nationwide marketing, advertising, sales and consumer recognition, all of whic15 Plaintiffs invested substantial time and effort to create and protect. As a direct an16 proximate result of Defendants' wrongful conduct, as alleged herein, Plaintiff:17 have been and will be deprived of substantial sales of their products in an amoun18 as yet unknown but to be determined at trial, and have been and will be deprived o19 the value of their trademarks as commercial assets, in an amount as yet unkno20 but to be determined at trial. Plaintiffs seek an order granting Defendants' profit21 stemming from its infringing activity, and its actual and/or compensatory damages.22 83. Plaintiffs have no adequate remedy at law for Defendants' continuin23 violation of its rights set forth above. Plaintiffs seek preliminary and permanen24 injunctive relief.25 84. Plaintiffs seek exemplary or punitive damages for Defendants'26 intentional misconduct.27 II28 II



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1 SIXTH CAUSE OF ACTION2 (Federal Design Patent Infringement Against Defendants DYNAMIC3 PERFORMANCE WHEELS, INC., MILANO DESIGN & MOTORING,4 INC., MOISE TISHBI, KICKSTART MOTORSPORTS, INC., d/b/a AVANT5 GARDE, CHIHCHI "PETER" HAN and DOES 1 through 10, Inclusive)6 [35 u.s.c. 271]7 85. Plaintiffs hereby incorporate by reference each of the other allegation8 set forth elsewhere in this Complaint as though fully set forth in this cause o9 action.10 86. Plaintiffs are the owners of the Design Patent with the USPT11 registration no.: 635,078 See Exhibit "R."12 87. Upon information and belief, Defendants have infringed and continu13 to infringe the Design Patent by using, selling and/or offering to sell, in the Unite14 States and/or importing into the United States, wheels which embody the designe15 covered by Plaintiffs' patents. Upon information and belief, Defendants infringin16 products include all of the ornamental designs Plaintiffs Design Patent drawings.17 By its conduct, Defendants have violated 35 U.S.C. 271 by direct infringement o18 Plaintiffs Design Patents and by inducing others to infringe the Design Patents.19 88. Plaintiffs are informed and believe, and on that basis allege, tha20 Defendant has gained profits by virtue of its infringement of the Design Patent.21 89. As a direct and legal result of Defendants' wrongful conduct22 Plaintiffs have been and will be irreparably and permanently harmed; wherefor23 Plaintiffs are without an adequate remedy at law. Accordingly, Plaintiffs ar24 entitled to, among other things, an order enjoining and restraining Defendants fro25 further engaging in the infringement of the Design Patent.26 90. Defendants infringement of the Design Patent is and has been willful.27 Accordingly, Plaintiffs are entitled to its monetary damages, in an amount to b28



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1 proven at trial, and award of treble damages, and its reasonable attorney's fees an2 costs.3 WHEREFORE, Plaintiffs BMW OF NORTH AMERICA, LLC., an4 BAYERISCHE MOTOREN WERKE AG pray for judgment against Defendant5 DYNAMIC PERFORMANCE WHEELS, INC., MILANO DESIGN6 MOTORING, INC., MOISE TISHBI, KICKSTART MOTORSPORT, INC.7 doing business as AVANT GARDE, CHIHCHI "PETER" HAN, and DOES 18 through 10, inclusive, and each of them, as follows:9 1. An order and judgment preliminary and permanently enJomm

10 Defendants and their officers, directors, agents, servants, employees11 affiliates, attorneys, and all others acting in privity or in concert wit12 them, and their parents, subsidiaries, divisions, successors and assign13 from further acts of infringement ofPlaintiffs' asserted Design Patent.14 2. For an award of Plaintiffs damages and Defendants profits adequate t15 compensate Plaintiffs for Defendants' infringement of the Design Patent16 and in no event less than a reasonable royalty for Defendants acts o17 infringement, including all pre-judgment and post-judgment interest a18 the maximum rate permitted by law;19 3. For an award of all damages, including treble damages, based on an20 infringement found to be willful, pursuant to 35 U.S.C. 284, togethe21 with prejudgment interest.22 4. For an award of all profits, pursuant to 35 U.S.C. 289 together wit23 prejudgment interest.24 5. For an award ofDefendants' profits and Plaintiffs' damages in an amoun25 to be proven at trial for trademark infringement under 15 U.S.C.26 1114(a);27 6. For an award ofDefendants' profits and Plaintiffs' damages in an amoun28 to be proven at trial for false designation of origin and unfair competitio



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1 under 15 U.S.C. 1125(a);2 7. For $2,000,000.00 per counterfeit mark per type of goods sold, offere3 for sale, or distributed under 15 U.S.C. 1117( c).4 8. For an award ofDefendants' profits and Plaintiffs' damages in an amoun5 to be proven at trial for trademark dilution under 15 U.S.C. 1125(c);6 9. In the alternative to actual damages and Defendants' profits for th7 infringement and counterfeiting of Plaintiffs' trademarks pursuant to th8 Lanham Act, for statutory damages pursuant to 15 U.S.C. 1117(c)9 which election Plaintiffs will make prior to the rendering of fina

10 judgment;11 10.For restitution in an amount to be proven at trial for unfair, fraudulen12 and illegal business practices under Business and Professions Cod13 17200;14 11.For damages to be proven at trial for common law unfair competition;15 12.For temporary, preliminary and permanent injunctive relief from thi16 Court prohibiting Defendants from engaging or continuing to engage i17 the unlawful, unfair, or fraudulent business acts or practices describe18 herein, including the advertising and/or dealing in any counterfei19 product; the unauthorized use of any mark, copyright or other intellectua20 property right of Plaintiffs; acts of trademark infringement or dilution;21 false designation of origin; unfair competition; and any other act i22 derogation ofPlaintiffs' rights;23 13.For an order from the Court requiring that Defendants provide complet24 accountings and for equitable relief, including that Defendants disgorg25 and return or pay their ill-gotten gains obtained from the illega26 transactions entered into and or pay restitution, including the amount o27 monies that should have been paid if Defendants' complied with thei28 legal obligations, or as equity requires;



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1 14.For an order from the Court that an asset freeze or constructive trust b2 imposed over all monies and profits in Defendants' possession whic3 rightfully belong to Plaintiffs;4 15.For destruction of the infringing articles in Defendants' possession unde5 15 u.s.c. 1118;6 16.For treble damages suffered by Plaintiffs as a result of the willful an7 intentional infringements and acts of counterfeiting engaged in b8 Defendants, under 15 U.S.C. 1117(b);9 17.For damages in an amount to be proven at trial for unjust enrichment;

10 18.For an award of exemplary or punitive damages in an amount to b11 determined by the Court;12 19.For Plaint iffs reasonable attorney's fees;13 20.For all costs of suit;14 21.For such other and further relief as the Court may deem just an15 equitable.16 DEMAND FOR JURY TRIAL17 Plaintiffs BMW OF NORTH AMERICA, LLC and BAYERISC18 MOTOREN WERKE AG respectfully demand a trial by jury in this action.1920 DATED: August _q_, 20132122232425262728

JOHNSON & PHAM, LLP

By: ~ ::::,C h r i s t ~ s o n , Esq.Christopher Q. Pham, Esq.Marcus F. Chaney, Esq.Jason R. Vener, Esq.Attorneys for PlaintiffsBMW OF NORTH AMERICA, LLCBAYERISCHE MOTOREN WERKE AG-26-

COMPLAINT FOR DAMAGES


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Exhibit A

I


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-:

'

...-'\-1~ ,.-, \ .. .....-.,United States Patent Office

PRINClPAL REGISTERTradernn11kSu .No. 66l,35D,llled Mu, 10, 1954

BMWDaycrbche Molorea Wcrkc Akllcnscscllscharr IOcrmuucorpanuloa).tJ;.!;:n"ue,. 3n. 76, Munidl, C l c n n ~ n y

c. 611,710

' Rogbtel'ed Sept. 6, 1955


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ExhibitB

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lnL Cl.: 12Prior U.S. Cl.: 19Unflcd Sllltes Palen! and Trndcmnrk Office RCIJ. No. 6l3,46SReglsterd Oct. 4, 1955nl!Jiowal Tl!l'lll Dl!lllu Oct. 41 1P950 Ycor llenoWDI

TRADEMARKPRINCIPAL REGISTER

DAYlmiSCHI! MOTOIUlN WI!RKli AKTlENGESI!LLSCIAFl' (FED RI!POI!RMANY CORPORATION)rETill!LRING l:lll0-1078! MUI!NCJII!N, l'EO REI' QEJl.MANYFORr AUTOMODI!.a, MOTORCYCLES, jSltlS CARS FOil MOTORCYCLI!.!I, MOTOR DRIVEN TlliCYCU!S

FOR TllANSPORTINO PASSENOI!IIS,AND Ma!'OR. DRIVBN TIUCYCLI!S' FOR TRANSPORTINO CIOODS,J ANDPARTS TllnJU!OF, IN CLASS 19 (INT.CL.FIRST USB ID-S-m71 IN C O M ~ D R C I !lD-1149.SllR. NO. 71-61i2.lll, FILI!D lID-IU4,

In tut/mony whereof I havr horcunto set my ho11dam! (:ZifJSrd the seal of 17re lbtent and TrademarkQffiu to be QjJl:wl on Jan. 2. J996.

COMMJSSIONEll. OF PATENTS AND ntADEMAR.KS


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Exhibit C

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Int. Cis.: 37 and 42Prior U.S. Cis.: 101 nnd W3United States Patent and Trademark Office Reg. No. 1,164,922Registered Aug. 11, 1981

SERVICEMARKPrincipal Register

BMW

Bayc:rist:hc Motorcn Wcrke Aktlengcsellscbaft (Fed. For: REPAIR AND MAINTENANCE SERVICES FOR MOTOR VEHICLES AND MOTORVEffiCLB ENGINES, In CLASS 37 (U.S. Cl. 103).Rep. of Gcrm1111y joint Jtock comp1111y)8000 Munt:hCII 40, Fed. Rep. of Gcnn1111y F"1r.1t use 1918: In commerce Feb. 1949.For: RETAIL' MOTOR VEHICLE AND MO.TOR VEffiCLB ENGINE DEALERSHIP SER-VlCES, In CLASS 42 (U.S. CJ. lOl).Firat ll!c 1918; in commctce Pub. 1949.OWllcr of U.S. Reg, Nos. 611,710 and 6 1 3 , 4 6 5 ~

Scr. No. 20S,394, filed Feb. 27, 1979.J. C. DEMOS, Deputy DirectorJAMES H. JOHNSON, ElUlmlncr


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ExhibitD

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Int. Cis.: 37 and 42Prior U.S. Cis.: 101 and 103United States PateiJt and Trademark Office Reg. No. 1,170,556Regbtcred Sep, 2Z, 1981

SERVICE MARKPrincipnl Register

Daycrische Motorcn Wcrke AlctlcngCallschnn (Fed.Rep. of Germany joint stock company}8000 MUnch en 40, Fed. Rep. of GcrnumyFor: REPAIR AND MAINTENANCE SERVICES FOR MOTOR VEHICLES AND MOTORVEHICLE ENGINES, In CLASS 37 (U.S. Cl. 103).First usc 1918; in commerce Feb. 194!1.For: RETAIL MOTOR VEIDCLE AND MOTOR VEHICLE ENGINE DE!ALER.SHJP SER-VICES, in CLASS 42 (U.S. Cl. 101),

First usc 191S; ln commerce Feb. 1!14!1.Owner of U.S. Reg. Nos. 611,710 and 613,465.The stippling sHown In the mark on the drnwing Isto Indicate shading, but not color.Ser. No. 205,383, ftl FeP, 27, 1979.

J. C. DEMOS, Deputy DirectorlAMES H. JOHNSON, Examiner


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Exhibit E


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Int. Cis.: 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 14, 16, 17, 18, 20, 21, 2l, 24, 25,26, 27, 28, 34, 35, 36, 37, 39, 41.and 42 .Prior U.S. Cis.: 1, 2, 3, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22,23, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35, 37, 38, 39,41, 42, 50, 100, 101, 102, 103, 105, and 107 Reg. No.l,450,212United States Patent and lrademark Office Reaistemi Aug. 4, 1987

TRADEMARKSERVICE :MARKPRINCIPAL REGISTER

BAYEIUSCHE MOTOREN WERKE AXTIENOE-SELLSCHAFT (FED REP GERMANY COMPANY)130 PETIJELRINGD-8000 MUNICH 40, FED REP GERMANYFOR: INDUSTRIAL CHEMICALS, FIRE EXTINOUISHJNG COMPOSITIONS; 'TEMPERINGAND SOLDERING PREPARATIONS; INDUS.TRIAL ADHESIVES; ALL FOR USE. IN THE.AUTOMOTIVE INDUSTil.Y, IN CLASS l (U.S,CLS. S AND 6).

FOR: PAINTS; VARNISHES; LACQUERS;PRESERVATIVES AGAINST RUST ANDAGAINST DETER.IORATION OF WOOD;DYES: MORDANTS FOR WOOD; COLORINGMORDANTS FOR LE.A.THER; METALS INFOIL AND POWDER FORM FOR PAINTERS,DECORATORS, PRIN'I'ERS AND ARTISTS;ALL FOR USE IN Tim AUTOMOTIVE INDUSTRY, IN CLASS :Z (U.S. CLS. 6, 14 AND 16).FOR: BLEACHING PRE.PARATIONS ANDOTHER LAUNDRY SUBSTANCES; CLEANING,POLISHING, SCOURING AND ABRASIVEPREPARATIONS; SOAPS; PERfUMERY; ES


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2 1,450,ZUSENTIAL OILS; COSMETICS; HAIR LOTIONS,IN CLASS l (U.S. CLS. Sl AND Sl).

FOR: INDUSTRIAL OILS AND GREASES;LUBIUCANTS; . DUSTABSQIUJINO, WEITINOAND B ~ D I N O COMPOSffiONS; SOLID,UQUlD AND GASEOUS FUELS (INCLUDINGMOTOR SPIRlT); ILLPMINANTS; CANDLES;WICKS; ALL FOR USB IN THE :AUTOMOTIVEINDUSTRY, IN CLASS 4 (U.S. CL. IS}.FOR: FULL LINE OF PHARMACamCAL,VETERINARY AND SANITARY PRBPARATIONS; PLASTERS, MATEIUALS FOR DRESSINGS; FIRSTAID KITS; FIRSTA ID CUSlDONS;

DISINFECTANTS, IN CLASS S (U.S, CL. 18).FOR: CONSTRUCTION MATBJUALS OPMETAL; TRANSPORTABLE liUILDIN_OS OFMETAL; NONELEC'IRIC CABLES ANDWlRBS OF COMMON METAL; IRONMONGERY; SMALL ITEMS OF .METAL HARDWARE; PIPES AND 11JBES OF METAL; SAFES;GOODS OF COMMON . METAL, NAMELY,'CASH BOXES, TOOL BOXEs, IDENllFICATION PLATES AND REINFORCEMENTSTiiERBFOR; TRANSPORT CONTAINERS ANDTANKS; ALL FOR USE IN"THE AUTOMOTIVEINDUSTRY, IN CLASS 6 (U.S. CLS. 2, 12, 15AND2S).FOR: METAL-, WOOD-, P L A S T I ~ - W O R K ING MAClDNES; MACHINES FOR nm AUTOMOTIVE lNDUSTRY; TIRE MOUNTING MACHINES; FOUNDRY MACHINES; L1FI' INO APPARATUS; CRANES; VARNISHING MA.CHINES; POLISHING MACHINES (OTHER.

THAN'FOR HOUSEHOLD Pt1R.POSBS); PRESSES (MACHINES); SHARPENING. M A ~ ;WELDING MACIDNBS; GENERATING UNITSCONSISTING OF INTERNAL COMBUSTIONENGINES AND El..EC'IRIC GENERATORS;ELECTRIC GENERATORS; WASHING MACHINES AND PARTS THE REOF; MACHINETOOLS AND THEIR PARTS; ENGINES(EXCEPT FOR V.ND VEHICI;ES) AND PARTSTHEREOF; IGNITION DEVICES FOR INTERNAL COMBUSTION ENGINES AND PARTSnmR.EOF; CA.RBtlRETORS; FUEL INJECTIONPUMPS; TRANSMISSIONS, CLUTCHES ANDDRIVE BELTS (EXCEPT FOR LAND YEHlCLES) AND PARTS THE REOF, IN CLASS 7(U.S, CLS. 21, 2l AND 35}.FORi HAND TOOLS (HAND OPERATED);HAND OPERATED IMPLEMENTS FOR THECONSTRUCTION OF MACHINES; APPARATUSAND VEHICLES; MANUALLY OP.E.RATED

LIFTING JACKS; CUTLERY, FORKS ANDSPOONS; SIDE ARMS; RAZORS; ALL FOR USEIN TH E AUTOMOTIVE INDUSTRY11N CLASSB U.S. CLS. !1 AND 23),

FORi ELECnuCAJ. APPARATUS AND INSTRUMENTS FOR POWER FIELD, NAMELYFOR Tim FIELDS OF CONDUCTION, TRANS.FORMATION, STORAGE, RBOULATION ANDCONTROL; .ELECTRICAL APPARATUS ANDINSTRVM.Em"S FOR LOW CURRENT FIELDS,NAMELY FOR TiiB Pl.ELDS OF TELECOMMUNICATION, HIGH-FREQUENCY AND REOULATION; ELECTRIC SOLDERING AFPARATUS; PHOTOGRAPHIC, CINBl4ATOORAPHIC.OPTICAL, MEASURING, SIGNALLING, MONlTORINO, LIFE-SAVING AND TEACHING AI'PARATUS AND INSTRUMENTS; CLOTHINGFOR PROTECTION AGAINST FIRE AND A CCIDBNTS, INCLUDING FOOTWE.AR, PROTECTIVE .HELMBTS, PROTECTIV E EYEGLASSES,SUNGLASSES; APPARATUS FOR RECORDINO;TRANSMISSION OR REPRODUCTION OFSOUND OR IMAGES; MAGNETIC DATA CARRIERS; RECORDING DISCSi AUTOMATICVENDING MACHINES AND MECHANISMSFOR COIN.QPERATBD APPARATUS; CASHREGISTERS;. CALCULATING MACHINES ANDDATA PROCESSING EQUIPMENT; FIRE-EXTINGUlSHINO APPARATUS, IN CLASS 9 (U.S.CLS. 21, 26 AND 39).

FORI APPARATUS FOR LIGHTING, HEATJNG, STEAM GN.E.RATING, COOKING, REFRIGERATING, DRYING, Vl!NTlLA.TINOAND WATER SUPPLY; ALL FOR USB IN THEAUTOMOTIVE INDUSTRY, IN CLASS ll (U.S.CLS; Il AND 34). .FORi LAND, AJR AND WATER VEHICLESAND PARTS TI!EREOP NOT INCLUDED IN

OTHER CLASSES; ENGINES; COUPLINGSAND DR1VB BELTS FOR LAND VEHICLESAND PARTS THEREOF; VEHICLE REGISTRATION PLATES; TOW HOOKS; STARTERS; EXHAUST PIPES AND MUFFI..ERS; EXHAUSTSYSTEMS COMPOSED OF EXHAUST PIPESAND MUFFLERS; B!1AKB5; CHASSIS; DJREC.TIONAL SIGNALS; VEHICLE AXLES; VEHICLE SEATS; SUSPENSIONS;.WINDOWPANES;WINDSHIELDS; TRANSMISSIONS FOR LANDVEHICLEs; HORNS; CAR BODIES AND l>ARTSTHBRBOF; STEEIUNO LINKAGES; STEERINGGEARS; STBERINO WHE.ELS; AIR GUIDE DE VlCBS, NAMELY, SP9lLERS AND AIR GUIDEWINGS; WHEELS1 PNEUMATIC TIRES; RIMSFOR VEHICLE WJ{EELS; VALVES FOR VEHICLE TIRES; MIRRORS; SHOCK ABSOR.ERS;VEHICLE BUMPERS; IGNITION DEVICESFOR LAND-VEHICLE ENGINES AND PARTSTHERBf'OR; VEHICLE ACCESSORIBS,NAMELY, TOW R O P ~ , TOW RODS, TRAILERHITCHES,. BURGLAR ALARMS, THEfT PROTECTION DEVICES, MATS; BAGGAGE CARRIERS, ANTI.SKID CHAINS, HEAD RESTS,

. -


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I

AIR PUMPS, MUDGUARDS, SAFETY BELTS,SAFETY CUSHIONS. SAFETY SEATS FORCHILDREN, SKI CARR.IBRS, SUN VISORS,SUN PROTECTING GLASS PANES, SUNBLINDS, SURFBOARD MOUNTING SUPPORTS, WARNING SIGNS, HAZARD WARNING LAMPS, WIND DEFLECTORS, BODYTRIMS, STRIPES; ACCESSORY CASES; CIGARLIGIITERS AND CIGARETTE LIGHTERS FORAUTOMOBILES; ACCESSORIES FOR MOTORCYCLEs, NAMELY, THEFT PROTECTION DEVICES, REPAIR KITS FOR TIRES, TWO-WAYCOMMUNICATION SETS, 13AGGAGE CONTAINERS, SUITCASE AND BAGGAGE CA.RRIl:.RS, AIR PUMPS, SADDLEBAGS, ROLL BARS,TANK RUCKSACKS, TANK BAGS AND POCKETS, COVERINGS; RUDDERS AND SCREWS(PROPELLERS) FOR SHIPS, IN CLASS 12 {U.S.CLS. 2, 13, 19, 21 AND 23).FOR: GOODS IN PRECIOUS ME:l'ALS,THEIR ALLOYS OR GOODS COATSD TfiER.'E.Wllli, NAMELY, HANDCR.AF'I"BD ARTICLES,ORNAMENTAL ARTICLES, TABLE WARE{EXCEPT TABLE cun.ERY), EPERGNES, ASHTRAYS, TOBACCO BOXES, BOXES FORCIGARS AND CIGA.R.ETTS, CIGAR ANDCIGAR.ETTE HOLD ERS; JEWELRY; PlmCIOUS. STONES; HOROLOGICAL AND CHRONOMETIUC INSTRUMENTS, IN CLASS 14 (U.S. CLS.27 AN028). FOR: PAPER; CARDBOARD; AND GOODSMADE FROM PAPER. AND CAltDBOARO,NAMELY, PACE TOWELS, TABLE NAl'XlNS,FILTER PAPER, POCKET HANDKERCHIEFS,HYGIENIC PAPER, BAIIIES' NAPKlNS, CASESAND BAGS FOR PACKAGING, BADGES,'TRANSFER-PICTURES, PLAQUES, STICKERS,LABELS, SELF-ADHESIVE P.LASnC SHEETSFOR DECOR.AnvE PURPOSES, PRlNT.EDMATTER.; PHOTOGRAPHS; STATIONERY; AD-HESIVES FOR STATIONERY Oll HOUSEHOLDPURPOSES; PAINT BRUSHES; TYPEWRITERSAND OFFICE REQUISITES (EXCEPT FURNITURE), NAMELY, NON-ELEcrRlC APPARATUS; INSTRUCTIONAL AND TEACHING MA TElUAL (EXCSPT APPAllATUS} IN THEFORM OF PRINTED MATIER; GAMES;GLOBES; ORAWING INSTRUMENTS POllBLACKBOARDS; PLASTIC MATERIALS FORPACKAGING, NAMELY, ENVELOPES, BAGSAND FILMS; PLAYING CARDS; PRI.N'1'ER.S'TYPE; PRINTING BLOCKS, IN CLASS 16 (U.S.CLS. 37 AND 38).FOR: GOODS MADE OF RUBBER, GUTTAJ>ERCHA OR GUM, NAMELY, THREADS OFRUBBER (NOT FOR TEXTILE USE}, INSULATlNG GLOVES, WASHERS, SHOCKABSORBINGBUFFERS, RINGS, PIPE AND HOSE CONNEC

3TION PARTS; PACKAGING AND PADDINGMATERIALS: GOODS MADE OF ASBESTOS,NAMELY, WAU..COVEJUNGS, PACKING,,CLOTH, ASBESTOS PAPER OR MILL BOARDS,SOI..ES; GOODS MADE OP MICA, NAMELY,INSULATING PLATES; PACKING, SEA.LINGAND INSULATING MATERIALS! FLEXIBLEPIPES (NOT OF METAL), IN CLASS 17 (U.S.CLS. 1AND 35).FOR: GOODS MADE OF LEAnmR. OR OPLEATHER IMITATIONS, NAMELY, HANDBAGS AND GENERAL PURPOSE CASES, lNPARTICULAR PURSES, POCKET WALLlrrS,KEY CASES; ANIMAL SKINS AND HIDES;TRUNKS AND TRAVELUNG BAGS1 UMBRELLAS, PARASOLS AND WALKING STICKS;SADDLERY, IN CLASS 18 (U.S. CLS. 3 AND 41),FOR: FtJRNl'TURE; MIRRORS; PICTUREFR.AMES; GOODS MADE OF WOOD OR. WOODSUBSTlT01'l!S, NAMELY, CASES, TRANS.PORT PALLETS, VATS AND SPIGOTS, TOOLHANDLES, REELS FOR YARN, COAT HANGERS, CL0111ESPEGS, WORKS OP ART, DECO.RAnvE OBJECTS: GOODS OF CORK. REED,CANE, WICKER, HORN, BONE, IVORY, WHALEBONE, SHELL, AMBER. MOniER-DP.PEARL, MEERSCHAUM AND SUBSTITV'I"ESFOR ALL 'THESE MATERIALS; GOODS MADEOP PLASTICS, NAMELY, 'l'RANSPORT CONTAINERS, VATS, TANICS, lllVTS, SCREWS,PINS, SIGNBOARDS, BADGES, TRANSFERPICTURES, STICKERS, LABELS, PLAQUES,F'URNJTURE, WINDOW AND ODOR. FIT'I'INGS, CURTAIN RODS, CURTAIN HOOKS,SLA'ITED INDOOR BLINDS, COVEllS FORCLOnnNG, COAT HANGERS, CLOlliESPEGS, BOT'Il.E CLOSUR.5, KEY PENDANTS ,1N CLASS 20 (U.S. CLS. 2, 13, 32 AND 50).FORI SMALL HAND-DPERATED HOUSEHOLD OR KITCHEN APPARATUS AND INSTRUMENTSr HOUSEHOLD. OR KITCHENCONTAINERS (NOT OP PRECIOUS METAL ORCOATED 'Jlll:.REWml); COMBS ANDSPONGES; BRUSHES (BXCBPr PAINT BRUSHES); CLEANING IMl'LEME.NTS; ~ L WOOL;UNWORKBO OR SEMI-WORKED GLASS(EXCEPT GLASS USED IN BUILDING);GLASSWARE, PORCELAIN AND EARTHE.NWARB FOR HOUSEHOLD AND IOTCimN;WORKS OF ART MADE OP GLASS, PORCELAIN OR l!ARTHENW.ARE, IN CI.ASS 21 (U.S.CLS. 2, 13,29, 30 AND 33).FOR: ROPES; STRING; FISHING NETS;TENTS; AWNINGS; TARPAULINS; SAlLS;PADDING AND STUfFING MATERIALS(EXCEPTOF RUBBER OR PLASTICS}: RAW FJ.BROUS 'I'EX.TILB MATERIALS, IN CLASS 2l(U.S. CLS. 1, 7AND 22).


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4 1,450,:Zll~ O R : TEXTILES AND TExTILE GOODS,NAMELY,.. I.OTIIS, CURTAINS, liUNDS,HOUSEHOLD LINEN, TABLE LINEN, BEDLINEN; COLORS; FLAGS: PSNNANTSlBADGES OF CLOTH; TRA Y:l!LLINCJ BI:.ANKETS; TRA VELLINO PLAIDS; BED ANDTABLE COVERS. IN CLASS :Z4 (U.S. CL. 4:Z).FOR: ' CLOrnJNG INCLUDING ELECTRI CALLY HEATED CLOTHING; FOOTWEAR;HEADGEAR; ALL FOR USE IN THE AUTOMO.TIVE INDUSTRY, IN CLASS 25 (U.S. CL. 39).FOR: LJ\CE 'AND EMBROIDERY; RIBBONSAND' BRAID; BUTTONS; HOOKS AND EYES;

PlNS AND NEEDLES; SEW-DN LABELS; PINB A D ~ E S ; BADGES Wl'fH SAFETY PINS; BUTTONHOLE DADOES; BELT CLASPS; AR'nFlCIAL FLOWERS, IN CLASS :Z6 (U.S. CL. 40). FOR: 'e.ARPETS; RUGS; MATS AND MATTING; LINOLE.UM AND FLOOR COVERINGSOF RUBBER, PLASTICS OR TEX'I'JLB, INCLASS l7 (U.S. CLS. 19, 4:Z AND 50.).FOR: GAMES AND PLAY1111NGS; EXERCIS.ING APPARATUS; SKJ, TJ?NNIS AND FJSHINGEQUIPMENT; SlCI, CRICKET AND GOLFBAGS, IN CLASS :ZS (U.S. CLS. l'AND 22).FOR:'SMOKERS' ARTICLES, NAMELY, TO-BACCO TINS, CIGAR AND CIOARET'I'2HOI.l;>ERS,. CIGAR AND CIGARETTE CASES,ASHTRAYS (NOT OF PRECIOUS METALS)rnEIR AI;LOYS OR COA'IJID 1HEREWlrn,PIPE STANDS, PIPE c:t..E.A.NaS, CIGAR CUT.TERS, PlPES, UGHTE.RS, POCKET APPARATUS FOR ROLLING CIGARETTES, CIGAR.E'ITE PAPER. CICJARJITI"E FILTERS;MATCHES, IN CLASS 34 (U.S. CLS. 2, 8, 9 AND17).FOR:. ADVERTISING AND BUSINESS,NAMELY, MANAGEMENT CONSlJLnNG;PROUREMENT OF CON'IRACTS FOR 1HEPURCHASE AND SALE OF GOODS; PUBLICITY SERVICES, IN CLASS 35 (U.S. CL. 101). FOR: INSURANCE AND FINANCIAL, NAMELY, CREDIT CONSlJLnNG, CREDITBROKERAGE,.REAI. ESTAT MANAGEMENT.AND APARTMENT HOUSE MANAGEMENT,REAL ESTAT AGENCIES. LEASING, INSDR.ANCE BROKERAGE, IN CLASS 36 (U.S. CLS.101 AND IO:Z).

FOR: CONSTRUCTION AND REPAIR,NAMELY, CONSTRUCTION (ABOVB ORBELOW GROUND), CONSTRUCTION BY ENCUNEERS, REPAIR. OP ' BOILDINOS, REPAIR.AND MAINTENANCE OF MOTOR VEHICLESAND MOTORS, IN CLASS 37 (U.S. CL. 103).FOR: TRANSPORTATION AND STORAGE,NAMELY, TRANSPORT OF PERSONS ANDGOODS BY MOTOR VEHICLES, BY RAIL-WAYS, VESSELS AND AIRPLANES; ARRANOJNG OF TOURS; TRAVEL AGENCI2S; AGENClES FOR TRANSPORT OP PERSONS; ORGANIZATION OF SIGHTSEEING TOURS;. as-.CORTINO OF 'IRAvm.LERS; MOTOR CARRENTAL, IN ~ S S 39 (U.S. CL. lOS). - FORI EDUCATION AND ENT.ERTAINMENT,.NAMELY, EDtJCATION,AND EDUCATIONALCOURSES FOlt WORKERS, SICILLED WORKERS, \VHIT COLLAR. WOlUCER.S, ENGINEERS. MANAGERS AND' .Q1lmJl STAFFMEMBERS OF THIRD PARTieS; INSTRUC..TION IN DRIVING; INSTRUCTION IN SPOR:TS;MUSEUM SERVICES; MUSIC PERFORMANCES; l'HEA'JltE PERFORMANCES; PRES-ENTATION OF ART EXHIBmONS; l'RESENTATION OF SPORT COMPBT1110NS; PUBLl .CATION AND ISSUING OF BpQKS, JOURNALS AND MAGAZINES, IN CLASS 41 (U.S.. CLS. 101 AND 107).FOR: MJSCELl..ANEQUS, NAM ELY, NEOOllATION AND SETTL.EMENT OF COMMERCIALTRANSACTIONS FOR THIRD PARTIEs, ARCHITECTtJR.AL CONSULTATION AND CONSTR.UCTION DRAFTING, l.ODGINO ANDBOAltDING SERVJCES, SERVJCE!SOP .ARCffiTCTS, 'SERVICES OF' INTERIOR DE!CORATORS, SERVICES OF ENGINEE!RS, COMPUTER PROGRAMMING, IN CLASS .f l (U.S. CL.JOO).PRIORITY CLAIMED. UNDER SEC. 44(D) ONPED REP GERMANY APPLICATION NO,B73676/12WZ. FlLED l:Z-:ID-1983, REG. NO,1064910. D ~ T E ! D 6-2S-J984, EXPIRES J:Z-30-1!193.

SER. NO. 487,543, FILED - ~ 1 9 8 4 .G A B ~ SIMAN, EXAMINING ATTORNEY


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Exhibit F

I


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Int. Cl.; 25Prior U.S. Cl.: 39 Reg. No. 1,627,241United States Patent and Trademark. Office ReiJistercd nee. u, l99o


BMW

BAYERISCHE MOTOREN WERKE A K T I E N G ~ SELLSCHAFT (FED REP GERMANY STOCKCOMPANY)POSTFACH 40 02 40 PETUELRING 130, BMW HAUSMUNCHEN, FED REP GERMANY 40FOR: CLOTHING, NAMELY SHIR.TS, TI!ESHffiTS, POLO SHIRTS, SWEAT SHIRTS,SWEATERS, BLOUSES, PULLOVERS, VESTS,KNl"ITED AND UNlCNlTrnD JACKETS, KNITTEO BLAZERS, ANORAKS, CARDIGANS,COATS, PANTS, SHORTS, JOGGING SUITS,OVERALLS, BATHROBES, SOCKS, TiES, CAPS,

VISORS, SCARVES, GLOVES, LEATHERWIND RESISTANT JACKETS, LEATHERJACKETS, LEATHER SUITS, R'UNNJNO SUITS,RAIN SUITS, DOOTS, GOLF JACKETS ANDNIGHTSHIRTS, lN CLASS l5 (U.S. CL. 39).FIRST USE 1-0-1984; lN COMMERCE0-0-1984,OWNER OF U.S. REO. NOS, 611,710, 1,4S0,21lAND OTHERS.SElL NO. 7J..823,B071 FILED 9-6-1989.

MARIE-ANNE MASTROVITO, EXAMININGATTORNEY


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Exhibit G

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Int. Cis.: 3, 4, 6, 7, 9, 11, 12, 14, 16, 18, 20, 21, 25 and 28Prior U.S. Cis.: 1, 2, 3, 4, 5, 6, U, 13, 14, 15, 19, 21, 22,23,25,26,27,28,29,30,31,32,33,34,35,36,37,38,39, 40, 41, 44, 50, 51 and 52United States Patent and Trademar1r Office Reg. No. 2,752,258Registered Aug. 1!1, 2003


BAYERISCHE MOTDREN WEIUU! AKTIENGESELLSCHAFT (FED REP GERMANY CDRPORATIO!\')PETUEUUNG-130DB078B MUENCHEN, FED REP GERMANY

FOR: CLEANING PREPARATIONS FOR USE INTHE AUTOMOTIVE FIELD; POUSH, NAMELY,CHROME, AUTOMOBll.E POUSH; CAR CAREPRODUCTS, NAMELY, INTERIOR CLEANER,WHEEL CLEANER, CAR SHAMPOO, LEATHERCARE, RUBBER CARE AND CAR WAX, IN CLASS3 (U.S. CLS. 1, 4, 6, SO, Sl AND 52).

FOR: ENGINE OILS, IN CLASS 4 (U.S. CLS. I, 6ANDIS).FOR: METAL KEY RINGS; METAL MONEYCLIPS, IN CLASS 6 (U.S. CLS. :Z, 12, 13, 14, 23, 2SAND SO).FOR: VEHICLE PARTS, NAMELY, ENGINe COVER.S, IN CLASS 7 (U.S. CLS. 13, 19, 21, 23, 31, 34 AND35).

WORK INTERFACE. DEVICES; ODOMETER/TACHOMeTER DISPLAYS, IN CLASS 9 (U.S. CLS.21, 23, 26,36 AND 38).FOR: SPOT LAMPS; MAP UGHTS; UGHTS FORVEHICLES, IN CLASS II (U.S. CLS. 13, 21, 23,31 AND34).FOR: WHEEL STUD LOCKS; VALVE STEM CAPS;BICYCLES; BICYCLES STANDS FORSTATIONARYTRAINING; BICYCLE BAGS, NAMELY, BAGSMADE! TO FIT BICYCLES; BULK HAULING TJW.LEitS; TRAILER HlTCH KITS, IN CLASS 12 (U.S.CLS. 19, 21, 23, 31, 35 AN D 14).FOR: WATCHES; CLOCKS, IN CLASS 14 (U.S. CLS.

:Z, 27, 28 AND SO).FOR: PENS, IN CLASS IG (U.S. CLS. 2, 5, 22, 23, 29,37, JB ANDFOR: BACKPACKS; CARRYALL BAGS;DUFFELBAGS;FANNYPACKS,INCLASS 18(U.S.CLS.I,2,3,22AND41).

FOR: COMPAcr DISC PLAYERS; CELLULAR FOR: NON-METAL KEY RINGS, IN CLASS 20PHONES AND PARTS THEREOF; MOUSE PADS: (U.S. CLS. 2, 13, 22, 25, 32 AND SO).GLOBAL POSmONINO SYSTEMS CONSISTINGPRIMARILY OF COMPUTERS, COMPUTER SOFf FOR: CUPS, IN CLASS 21 (U.S. CLS. 2, 13, .:!3, 29, 30,WARE, TRANSt.m'TERS, RECEIVERS AND NET 33,40 AND SO).


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FOR: GLOVES; DRESSES; SHIRTS; SCARVES;SWEATSHIRTS; TIES; WIND RES ISTANT JACKETS,IN CLASS 25 (U.S. CLS. :U AND 39).

FOR: GOLF BAGS; GOLF BALLS; SNOWBOARDS; SKATEBOARDS; TOY MOTORCYCLES;MINIATIJRE TOY VEHICLES, IN CLASS 28 (U.S.CLS. 22, 23,38 AND 50).

OWNER OF ERPN CMN1Y TM OFC REG. NO.91884, DATED 323-1999, EXPIRES 4-12006.OWNfROPU.S.REG.NOS. 611,710,1,627,2-JI ANDOTHI!RS.SER. NO. 76...j10,8D6, FILED 515-2002.

JOHN DALlER, EXMONINGATI'ORNEY


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Exhibit H

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Int. Cis.: 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, U, 14, 16, 18, 20, 21, 22, 24, 25, 27, 28 nnd 34Prior U.S. Cis.: 1, 2, 3, 4, 5, 6, 7, 8,9, 10, 11, 12, 13, 14,15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30,31,32,33,34,35,36,37,38,39,40,41,42,44,46,50,51 nnd 52United States Patent and Trademarlc Office Reg, No. 2,816,178Registered Feb. 24, 2004


BMW

aAYEIUSCHE MOTOREN WE!tKl! AKTIENGBSELLSCHAFT (FED R.EP GERMANY CORPORATION)PETUELIUNG 130080788 MUENCHEN, FED REP GERMANYFOR: ANTIFREEZE, IN CLASS I ( U . ~ . CLS. I, 5, 6,10,26 AND 46).FOR: PAINTS, NAMELY, PAINT FOR USE 1NTHI! MANUFACTURE OF AUTOMOBILES, INCLASS 2 (U.S. CLS. 6, 11 AND 16),FOR.: CLEA1'l!NG PREPAllATIONS FOR USE INTHE AUTOMOTIVE FIELD; POLISH, NAMELYCHROME, AUTOMOBILE POLISH; CAR CARE

PRODUCTS, NAMELY, INTEIUOR CLEANER,WHEEL CLEANER, CAR SHAMPOO, LEATHERCARS, RUBBER CARE AND CAR wA:'\., IN cLASs3 (U.S. CLS. 1, 4, 6, SO, Sl AND 52).FOR: ENGINE LUBIUCANTS; ENGINE OILS;GEAR OILS, IN CLASS 4 {U.S. CLS. 1, 6 AND 15).FOR: FIRST AID KITS, IN CLASS S (U.S. ClS. 6, 18,+!, 46, 51 AND 52).FOR: METAL KEY RINGS; METAL MONEYCUPS, IN CLASS 6 (U.S. CLS. 2, 12, 13, 14, 23, 25AND SO).FOR: VEHICLE PARTS, NAMELY ENGINE COVERS, IN CLASS 7 (U.S. CLS. 13, 19, 21, 23, 31,34 AND35).

GLOBAL POSmONING SYSTEMS CONSISTINGPRIMAlULY OF COMPUT.ERS, COMPUTER SOFTWARE, TRANSMriTERS, RECEIVERS AND NETWO!Ut.INTERFACE DEVICES; FLASHING SAFETYLIGHTS; SUNGLASSES; TIRE PRESSURE GAUGES;ODOMETER/TACHOMETER DISPLAYS; COMPACT DISC CASES; COMPACT DISC CARRYINGCASES, IN CLASS 9 (U.S. CLS. 21, 23, 26,36 AND 38).FOR: SPOT LAMPS; MAP LIGHTS: LIGHTS FORVEHICLES, IN CLASS 11 (U,S.CLS.I3,l1,23,3l AND34). .FOR.:\VHEELSTUDLOCKS;VALVESTE.MCAPS;ANTI-THEFT ALARM S)'STEMS; BICYCLE UFTS;BICYCLES; BICYCLE STANDS FOR STATIONARY

TRAINlNG; CARGO CARRIERS FOR VEHICLES;TillE KITS FOR VEHICLES CONTAINING TIREPRESSURE MONITOR AND TIRE SEALANT; ROOFRACK STORAGE CONTAINERS FOR LAND VEHICLES; LICENSE PLATE FRAMES: BULK HAULlNGTIWLERS; SEAT COVERS FOR VEHlCLES; COVERS FOR VEHICLE BUMPeRS; SUNSHADES FORVEHICLES; MUD FLAPS FOR VEHICLES; TRAILERHITCH KITS; FIITED COVERS FOR VEHICLES;RACKS FOR VEHICLES, NAMELY, SIG RACKSAND BICYCLE RACKS; BICYCLE BAGS; MOTORCYCLE SADDLEBAGS; FITTED CAR COVERS, INCLASS 12 (U.S. CLS. 19, 21, 23, 31, 35 AND 4-1).FOR: PRECIOUS METAL MONEY CLIPS;WATCHES; CLOCKS; TIE CLIPS; TIE PINS, INCLASS 14 (U.S. CLS, 2, 27, 28 AND. SO).FOR: PENS, IN CLASS 16 {U.S. CLS. 2, S, 22, 23, 29,FOR: HAl'/D TOOLS, NAMELY, SCRAPERS, IN 37,38 AND SO).

CLASS 8 (U.S. CLS. 23, 28 AND 44). FOR: BACKPACKS; BRIEFCASES; BUSINESSFOR: COMPACT DISC PLAYERS; CELLULAR CARD CASES; CARRY-ALL BAGS; DUFFEL BAGS;P.HONES AND PARTS THEREOF; MOUSE PADS; LEATHER POUCHES; LUGGAGE BOXES FOR VE-


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I

ffiCLES; TRAVEL BAGS; UMBRELLAS; PAN!II"YPACKS; WALLETS MADE OF LEArnER, IN CLASS18 (U.S. CLS. I, 2, 3, 22 AND 41).POR: NON-METAL KEY lUNGS; PICTUREFRAMES MADE OF LEArnER; FURNITIJRE TABLES; CHAIRS, IN CLASS 20 (U.S. CLS. :!, 13, 22, 25, 3lAND 50).FOR: MUOS, IN CLASS 21 (U.S. CLS. 2, 13, 23, 2!1,30, 33, 40 AND SO).FOR: PROTECTIVE LINERS FOR nrE CARGOAREA OF VEHICLES; TIE DOWN STRAPS, INCLASS 2l (U.S. CLS. I,:!, 7, 19, 22,42 AND SO).FOR: BLANKETS; TOWELS, IN CLASS 24 (U,S.CLS. 42 AND

FOR: FLOOR MATS FOR VEHICLES, IN CLASS 27(U.S. CLS.I9, W, 371 42 AND 50).FOR: GOLF BAGS; GOLF BALLS; GOLF DIVOTTOOLS; GOLF GLOVES; TOY RACETRACKS;SNOWDDARDS; SKATEBOARDS; TOY MOTORCYCLES; MINIATURE TOY VEHICLES; PROTECTIVE ArnLETIC EQUIPMENT, NAMELY KIDNEYGUARDS, IN CLASS 28 (U.S. CLS. 22, 23, 38 AND SO).FOR: CIOAREITE UOHTERS NOT FOR LANDVEHICLES, IN CLASS 34 (U.S. CLS. 2, 8, 9 AN D 17).OWNER OF ERPN CMNTY Thl OFC REO. NO.91835, DATIID 2-25-2000, EXPIRES 225-2010.OWNER OF U.S, REO; NOS. 611,710, 1,627,241 ANDOTHERS.SER. NO, 76-410,763 1 FlLED Slli-2002.OR: SUITS; TIES; DRESSES; FLlP FLOPS; TURTLE NECKS; HHADWEAR; WIND RESISTANTJACKETS, IN ClASS 25 (U.S. CLS . l l AND 39). JOHN DAUER, EXAMINING A'ITORNEY


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Exhibit I

'


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f

Int. CJ.: 36Prior U.S. Cis.: 100, 101 and 102United States Patent and Trademark Office Reg. No. 3,436,270Registered May 27,2008

SERVICE MARKPRINCIPAL REGISTER

.8BAYERISCHE MOTOREN WERKE; AKTIENOESELLSCHAFr (FED REP GERMANY AKTIENGESELLSCHAF'T)80788 MONCHENFED R.EP GERMANY

FOR: LEASING SERVICES FOR MOTOR YEHICLES; RETAIL AND \\'HOLESALE FINANCINGSERVICES FOR MOTOR VEHICLES; CIU!DlT CAlUJSERVICES; ONLINE PERSONAL BANKING; ONLJNll CUSTOMER BANKING SERVICES FORC!UIDIT CARD, LOAN, FINANCE AND LEAS!!ACCOUNTS; ONLINE CREDIT APPLICATIONSAND EVALUATIONS FOR CREDIT CARD, LOAN,FINANCE AND LEASE ACCOUNTS, NAMELY,EVALUATIONOF C!UIDITWORTHJNESS OF COMPANIES AND PRIVATE INDIVIDUALS; LOAN SERVICES; SECURED AN D UNSECUREDCOMMERCIAL FINANCING; INSURANCE AD

MINISTRATION AND BROKERAGEIN'nlf!FJELDOF MOTOR VEHlCLE, HOMEOWNERS ANDFLOORPLAN INSURANCES, IN CL6.SS 36 (U.S.CLS. 100, 101 AND 102).THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT C1.AlMTO ANY PARTICULARFONT, STI'LE, SIZE, OR COLOR.OWNER OF INTERNATIONAL REGISTRATION0663925 DATED 12221995, EXPIRES 12222015.OWNER OF U.S. REG. NOS. 611,710 AND 3,226,368.SER. NO, 79-ll3S,622, FlLED 12-lo!-2006.

WON TEAK OH, EXAMINING A'ITORNEY


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Exhibit J

I


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I

Int. CI.: 36Prior U.S. Cis.: 100, IOlnnd 102United States Patent and Trademark Office Reg. No. 3,418,573Registered Apr. 29, 2008

SERVICE MARKPRJNCIPAL REGJSTER

DAYIDUSCHE MOTOREN WER.K.E; AKTIENGESELLSCHAFI' (FED REP GERMAN\' AKTIENGESELLSCHAFT (JOINT STOCK COMPANY)}P.ETUELRING 13080809 MONCHENFED REP GERMANY

FOR: LEASING SERVICES FOR MOTOR VEHICLES; RETAIL AND WHOLESALE FINANCINGSERVICES FOR MOTOR VEHICLES; CRIIDITCARDSERVICES; ONUNE PERSONAL BANKING; ONLINE CUSTOMER. BANKING SERVICES FOR.CREDIT CARD, LOAN, FINANCE AND LEASEACCOUNTS; ONLINE CREDIT APPLICATIONSAND EVALUATIONS FOR. CREDIT CARD, LOAN,FINANCE AND LEASE ACCOUNTS, NAMELY,EVALUATIONOFCREDITWORTHINESSOFCOMPANIES AND PlUVATE INDIVIDUALS; LOAN SEll.

VICES; SECURED AND UNSECUREDCOMMERCIAL FINANCING; INSURANCE ADMlNlSTRATION AND BR.OKERAGEIN'ffiE FIELDOF MOTOR VEHICLE, HOMEOWNERS ANDFLOORPLAN INSURANCE, lN CLASS 36 (U.S. CLS.100, 101 AND IOl).OWNER OF INTERNATIONAL REGISTRATION067321!1 DATED 3-26-1997, EXPIRES 3-26-2017.

OWNER OF U.S. REG. NOS. 611,710, 3,226,368 ANDOTHERS.SER. NO. 79-035,619, FILED 1:!-14-2006.

WON TEAK OH, E.'CAMINING ATTORNEY


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Exhibit K

I


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'

~ t t \ t ~ ! ~ ! : ~ n ~ ! m ~ ~ ! ! ! ! f e r t c t tBMW GROUPReg. No. 3, 689,67 4 BtiYEIUSCHE MaroitENWERKE;AA."11ENGESELLSCHAFT (FED REP oERMANY JOINTReaistc:n:d Sep. 29, 2009 STOCK COMPANY)PETUELRINO 130

HOSO!I MUNCHEN, F.EO REP GERMANYInt. Cis.: 3 nnd 4 FOR: CLEANING PREPARATIONS FOR USE IN nJE AlJJ'OMOTIVE FIELD; POLISH,TRAD MARK NAMELY,CHROME,AUTOMOD!LEPOUSH; CAR CARE PRODUCTS,Ni\MELY,IN!ElUORE CLEANER, WHEEL CLEANER, CAR SHAMPOO, CAR Wt\X:, PRODUCTS FOR 1ltE CARl!PRINCIPAL REGISTER OF LEAmER OR RUBBER.,NAMELY,LEAnmRPOLlSHES,LEATHERCREAMS,RUBBER

DRESSINGS, IN CLASS 3 (U.S. CLS. I, I,6, SO, S AND 52).FOR: ENGINE LUBIUCANTS, NAMELY, AUTOMOTIVE LUBIUCANTS, LUBIUCATINGOIL FOR MOTORVEHICLE ENGINF.S; ENGINE OILS; GEAR OILS, IN CLASS 4 (U.S. CLS.1,6ANDI5).TIIB MARK CONSISTS OF STANDARD CHARACTERS WITI-I.OUI' CLt\lM TO ANY PAR-TICULAR FONT, STYLE, S!ZE, OR COLOR.PIUORJTY DATE OF 8-1-2008 IS CLAIMED.OWNER OF INTERNATIONAL REGISTRATION 0991087 DATED 12-1-2008, EXPlRES 121-2018.OWNER OF U.S. REG. NOS. 1,450,2 12, 2,75.2,2S8,AND 2,8!6,178.NO CLAIM IS MADE TO TilE EXCLUSIVE TUGHTTO USE "GROUP', APART FROM THEMARK AS SHOWN.SER. NO. 19-065,595, FILED 12-1-2008.ALLISON SCHRODY, EXAMINING ATI'ORNEY


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I


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I

Int. CI.: 12Prior U.S. CI.: 19 Reg. No. 1,438,545Umted States Patent and Trademark Office Registered May 5, 1987


BAYERlSCHE MOTOREN WERKE. AKTIENGESELLSCHAFT (FED REP GERMANY CORPORATION)PETUELIUNG 130, BMW HAUSMUNICH 40, FED REP GERMANYFOR: AtiTOMOBILES, IN CLASS 12 {U.S. CL.

FIRST USE 0-0-1982; IN COMMERCE1-1-198S.THE ORAWING IS LlNED TO INDICATETH E COLORS BLUE, VIOLET AND RED.SER. NO. 474,699, FILED 5-IS-1986.

19). fRANK HELLWIG, EXAMINING AlTORNEY


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ExhibitM

I


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I

Int. Cis.: 12, 25 nnd 27Prior U.S. Cis.: 19, 20, 21, 22, 23, 31, 35, 37, 39, 42,44nod 50United States Patent and Trademark Office Reg. No. 2,683,597Reglslered Feb. 4, 2003


BAYElUSCHE MOTOREN WEIUC.I! AKTIENGESf!LLSCHAFT (FED REP GERMANY CORPOR.ATIOI\')PETUELRING 130D-110788 MUENCHEN, FED REP GERMANYFOR: VALVE STEM CAPS; LICENSE PLATEFRAMES, GEAR SHIFf KNOBS, IN CLASS 12 (U.S.CLS. 1!1, 21,23, 31, 35 AND 44).FIRST USE 0-0-199-1; IN COMMERCE 0-0-1994.FOR: HEADWEAR; PULLOVERS; SWEATERS;SHORTS; TUlffi.ENECKS, IN CLASS 25 (U.S. CLS.22AND39).FIRST USE 0-0-1994; IN COMMERCE 00-1994.

FOR: FLOOR MATS; TitUNK MATS, IN CLASS 27(U.S. CLS. 1!1, 20, 37, 42 AND 50).FIRST USE 0-01994; IN COMJI.IERCE 0-0-1994.OWNER OF U.S. REO. NOS. 1,438,545 AND2,381,292.THE MARX IS LINED TO INDICATE TiiE COLORS DLUE, VIOLET AND RED.SER. NO. 76-410,758, FlLED 5-16-2002.

BRIAN NIMLLI!, .I!XAMINING A'ITORNEY


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ExhibitN

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Int. Cis.: 6, 12, 14, 18, 25 and 28Prior U.S. CJs.: 1, 2, 3, 12, 13, 14, 19, 21, 22, 23, 25, 27,28, 31, 35, 38, 39, 41, 44 and 50 Reg. No. 3,526,899

Reglslered Nov. 4, 2008nited States Patent and Trademark OfficeTRADEMARKPRINCIPAL REGISTER

DAYERISCHE MOTOREN WERK.E AG (FED REPGERMANY CORPORATION)DEPT.AJ-35PETUELRING 130MUNICH, FED REP GERMANY 80788FOR: METAL KEY CHAINS, 1N CLASS 6 (U.S.CLS. 2, 12, 13, 14, 23, 25 AND 50).FIRST USE 1-1-2000; IN COMMERCE 11-2000.FOR: AUTOMOBU.ES AND THEIR STRUCTURAL PARTS; PARTS OF AUTOMOBILES, NAMELY,ENGINES, WHEELS, STE1UNG WHEELS, DOORSTI.l.S, GEAR SHIFI' KNOBS, HEADRESTS, SEATS,

TmE VALVE. STEM CAPS, LICENSE PLATFRAMES, CAR BADGES; AUTOMOTIVE BODYKITS COMPRISING EXTERNAL STRUCTURALPARTS OF AUTOMOBU.ES, IN CLASS 12 (U.S. CLS.19, 21, 13, 31, 35 AND 44).

FIRST USE 1-1-2000; IN COMMERCE 11-2000.FOR: LAPEL PINS, WATCHES, IN CLASS l4 (U.S.CLS. 2, 27, 28 AND SO).FIRST USE 1-12007; IN COMMERCE 112007.

FOR: BACKPACKS, SPORTS BAGS, TRAVELBAGS, SUITCASES, UMBRELLAS, IN CLASS 18(U.S. CLS. I, 2, 3, 22 AND 41).FIRST USE 11-2008; IN COMMERCE 1-1-2008.FOR: JACKETS, CAPS, SHffiTS, GLOVES, INCLASS 25 (U.S. CLS 22 AND J!l),FlRST USE 1-1-2007; IN COMMERCE 1-1-2007.FOR; SCALE MODEL CARS, CHILDREN'S RIDEON TOYS, IN CLASS 28 (U.S. CLS. 22, 23, 38 AND 50).FIRST USE 1-1-.2006; IN COMMERCE 1-1-2006.OWNER OF U.S. REG. NOS. 1,438,545 AND2,683,597,TI:IE )l;fARJ( CONSISTS OF 3STRIPES AND THELETTER:!'.LSER. NO. 17-395,469, FILED :!132008.

KAREN BRACEY, EX.A.MINING ATTORNEY


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Int. CJ.: 41Prior U.S. Cls.: 100, 101 and 107

Reg. No. 3,569,473United States Patent and Trademark Office Registered Feb. 3, 2009SERVICE MARKPRINCIPAL REGISTER

BAYEIUSCHI! MOTOREN WERKE AG (FED REPGERMANY CORPORATION)DEPT.AJJSPETUELRING 130MUNICH, FED REP GERMANY 80788FOR: DRIVER TRAINING SERVICES, NAMELY,HIGH PERFORMANCE DRIVER. TRAINING, ADVANCED AUTOMOBILE DRIVER TRAINING, VEHICLE HANDLING INSTRUCI'ION, EDUCATIONAND INSTRUCTION REGARDING VEHICLES

AND D.IUVING OF VEHICLES, IN CLASS 41 (U.S.CLS. 100, 101 AND 107).FIRST USE 11:!000; IN COMMERCE 112000.TiiE :MARK. CONSISTS OF 3 STRIPES AND 'mELETIERM.SI!R. NO. 77-486,870, FILED S.R. 530-2008 AM. P.R.8-29-2008.

1ANICE K.IM, EXAMINING ATTORNEY


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Reg. No. 3,767,662 BAYEIUSCHE MOTOREN WERKEAKTIENGESRI,LSCHAFT (FED REP GERMANYRccisU:I'l!d Mur. 30, 20 I 0 AKTIENOESEL!.SCHAFT)PETUE!.IUNO 1308080!1 MONCHENInt. Cis.: 7, 12, 14, 16"18J FED REP GERMANY25 28 37 nnu 4!

' FOR: OrL, GASANDATRFrLmRFOR MOTORS; CATALYTIC CONVERTERS FOR MOTORS;COMPRESSORS AS PARTS OF MOTORS; CRANKCASES AS PARTS OF MOTORS; MOTORTRADEMARK MUFFLERS; FAN BELTS AS PARTS OF MOTORS; IONTTION DEVICES FOR MOTORS OFSERVICE MAJU( LAND VEHICLES; MOTOR STARTERS; OfL PUMPS FOR US!! IN MOTORS; RADIATORSPRINCIPALREGISTER FOR MOTORS; WATER PUMPS FOR USE IN MOTORS, IN CLASS 7 (U.S. CLS. 13, 19, 21,23, 31, 34 AND 35).FOR: MarORVETUCI.ES BEING LANDVEHICLI!SANDnmtR PARTS,NAMEI.Y,WHEELS,STEERING WHEELS, DOOR sn.tS BErNG STRIPS OF METAL AFFIXED TO THE AUTOMOBrLE SrLl., GEAR Sflii'T KNOBS, HI!ADR.nSTS, SEATS, TIRE VALVE STI!M CAPS,UCENSE I'LATE FRAMI!S, BADGES FOR MOTOR VI!HJCLESBEING TRIM;AUTOMCffiVF.BODY lOTS COMPRISING F.X'rnRNAJ. SmUCTURAI.l"ARTSOFAUTOMOBrLES;ENOlNESFORMafORVEHJCJ.ES, IN CLASS 12 (U.S. CLS. 19,21,23,31, 3SAND44).FOR: JEWELLERY,IN PAtmCULAR KEY lUNGS OF PRECIOUS METAL; HOROLOOICALAND CHRONOMETIUC INSmUMENTS,JNCLASS 14 (U.S. CLS. 2, 27, 2SAND SO).FOR: PAPER, CARDBOARD AND GOODS MADE FROM THESE MATERIALS, NAMELY,PRJN'mD MAnER IN PAtmCULAR CATALOGUES TN THE FJELD OF' AUTOMOilVE,BROCHURES ABOUT AUTOMOBll.ES, MANUALS IN Trill FJELD OF AUTOMOilVE,PROSPECTUSr:.S IN Tiii! NA'J'URE OF BOOKLETS IN nm FIELD OF AUTOMonVI!,POSTERS: ADHESIVE PAPER BADGES AND S1lCKERS 011PAPER OR I'LASTIC;PHO!'O-GRAPHS; GMPHJC ART REPRESENTATIONS; STATIONERY, PENS, WRITING JNSThUMENTS, IN CLASS Hi (U.S. CLS. 2, 5, 22, 23, 29, 37, 38 AND SO).FOR: GOODS MADE OF LEATIIER AND IMITATIONS OF LEA'l1IER, NAMELY, BAGS,ThUNKS AND mAVELLING BAGS AND SMALL ITEMS Or LEATiiER, NAMF.LYI.I!A'J'HER PURSES, LEATifER WAJ.LETS AND LEATHER KEY BAGS; UMBRELLAS,PARASOLS, IN CLASS 18 (U.S. CLS. I, 2, 3, 22 AND 41 ).FOR: CLOTI!INO, NAMELY, JACKETS, SHIR l'S, GLOVES; HEADGEAR, NAMELY. CAPS,IN CLASS .25 (U.S. CLS. 22 AND 3!1).


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Reg. No.3 767 662 FOR:GAMESANDPLAYTHINos,NAMEI.v,scALEMODELVEHICLESANDCoMPoNENT1 ' PARTS TiiEREDF, CHILDREN'S RIDE ON TOY VEHICLES, IN CLASS 28 (U.S. CLS. 22, 23,JBANDS!l).FOR: REPAm AND MAINTENANCE OF MOTOR VEHICLES AND PARTS TiffiREOF ANDOI' I!NGlNES FOR MOTOR VI!l DCLilS AND PAltrS l11I!ltEOF; MAINTI!NANCE lN lllliNi011RE Of"fUNINO OJ; MOfOR VEmCLES AND l!NGIN!!S, IN CLASS 37 (U.S. CLS. 100,lOJAND 106). FOll.: OROANIZAllON OF AND CONDUC"IlNO 011 ENTERTAINMENT IN 1lill NATUREOF AlfiOMOU!LI! RALL!ES AND AlffOMODILI.l MCES; OROANI.ZAllON OF ANDCONDUCTING OF DRIVER SAFETY TRAINING, IN CLASS 41 (U.S. CLS. 100, 101 AND107).OWNER OF U.S. lUlG. NOS. 1438,545, 3,526,899 AND OTIIERS.PRIORITY DATE OF 8-1 1-2008 IS CLATMED.OWNER OF !NlERNA'nONALR.EO!STRATION 1000390 DATED2-10-:W09, EXPIRES 2-10-2019.1HEMAIUC CONSISTS OFASTYLIZI!DLETIER "M" ANDA SERIES OFTI!REE!SLANTEDQUADRILATERALS.SER. NO. 79067,918, FILED 210-2009.LAURA HAIII!MEL, EXAMINING ATTORNEY

Pnge: 2/RN 1/3,767,662


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Exhibit QI


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Reg, No, 3,767,663 BAYERISCHE MOTORENWERKEAKTIENOESE!.LSCHAFT (FED REP GERMANYUcgisiL'n!d Mnr. 30,2010 AIOlENOESELLSCHAVT (JOINT STOCK COIVIPANY))PIITUELR!NG IJO

SOHO!I MONCHENInt. CJs.: 7, 9, l:b 14, 16_, FEDREPOERMANY18 25 28 3t and 41' 1 1 FOR; OIL, GAS AND Affi FILlERS FOR MOTORS; CATALYTIC CDNVER'mRS; PARTSFOR MOTORSAND GENERATORS,NAME!.Y,COIVIPRESSORS, CRANKCASES, MUFFLERS,T R A D E M ~ t K FAN BELTS, JGNillON DEVICES, MOTOR. STARTERS, OIL PUMPS, RADIATORS, ANDSERVICE MARK WATERI'UMPS,JNCLASS7(U.S.Cl.S.13,19,21,2J, 31,J4AND35).PRINCIPAL REGISTER FOR.: CLomiNO FOR PROTECTION AGAINST FIRE AND ACCIDENT, NAMELY. SHOES,BOOTS, PRorECTIVEHELMETS, PROTECTIVE GLASSES; SPEC'D\CLES; SUNGLASSES,IN CLASS 9 (U.S. CLS.21,23,26, 36AND38).

FOR: AUTOMOBILES AND 11lElR STRUCTIJRAL PARTS; PARTS OF AUTOMOBILES,NM!ELY, ENGINES, WHEELS, S"IEERJNG WHEELS, DOOR SILLS, GEAR SHWT KNOBS,HEADRJ":STS,SEAT, TIREVALVESTEAMCAI'S,UCENSE PLATE FRAMES, CAR BADGES;AUfOMOTIVE BODY KITS COMPRISING EXTERNAL STRUCTURAL PARTS OF AUTO..MOBILES,IN CLASS 12 (U.S. CLS. 19, 21,23,31, 35AND44).FOR: JEWELLERY, NAMELY, LAPEL PINS; CLOCKS AND WATCHES; KEY RINGS OFPRECIOUS METAL, IN CLASS 1

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