Rage Hard Choppers v. Daytec et. al

7/30/2019 Rage Hard Choppers v. Daytec et. al.

1/55

G. WARREN BLEEKER, CA Bar No. 210834wa1Ten.b1eeker(cph.comCHRISTIE, PARKER & HALE, LLP655 North Central Avenue, Suite 2300Glendale, California 91203-1445Telephone: (626) 795-9900Facsimile: (626) 577-8800Attorneys for Plaintiff,RAGE HARD CHOPPERS, INC.DBA BIG BEAR CHOPPERS

RAGE HARD CHOPPERS, INC.DBA BIG BEAR CHOPPERS, aCalifornia corporationPlaintiff,

DAYTEC, a California business entity,form unknown, and PHILIP R. DAY,an individual,Defendants.

COMPLAINT FOR:

(4) Statutory Unfair CompetitionDEMAND FOR TRIAL BY JURY

For its complaint against Defendants Daytec (Daytec) and Philip R. DayDay (Day) (collectively Defendants), Plaintiff Rage Hard Choppers, Inc. dbaBig Bear Choppers (Big Bear) alleges as follows:

J1JRISDICTION1. This is an action fo r patent infringement in violation of the patent

laws of the United States, 35 U.S.C. 271; for trade dress infringement in1

UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

123456789

10111213141516171819202122232425262728

vs.(1) Patent Infringement (35

U.S.C. 271)(2) Trade Dress Infringement (15

U.S.C. 1125(a))(3) Common Law Unfair

Competition

PARKER & HALE, LLP

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


2/55

violation of 15 U.S.C. 1125(a); and common law and statutory unfaicompetition. This Court has jurisdiction over Big Bears federal claims under 28U.S.C. l338(a) and (b) and has supplemental jurisdiction over Big Bears statelaw claims under 28 u.S.C. 1267(a).2. Venue is proper under 28 U.S.C. 139 1(b) and (c) and 1400(b).

PARTIES3. Plaintiff Rage Hard Choppers, Inc. doing business as Big Bear

Choppers, Inc. (Big Bear), is a California corporation, with a principal place ofbusiness at 1331 Riverview Drive, San Bernardino, California, 92408.

4. Upon information and belief, Defendant Daytec, is a Californiabusiness entity, form unknown, with a principal place of business at 17501Lemon Street, Hesperia, California, 92345.

5.individual

6.

Upon information and belief, Defendant Philip R. Day is anwho resides in or near Hesperia, California.Upon information and belief, each of the Defendants was the agent,

alter ego, co-conspirator and/or joint venturer of each of the other Defendants andthat the acts of each of the Defendants were in the scope of such relationship.7. Upon information and belief, in doing the acts or failing to act asalleged in this Complaint, each of the Defendants acted with the knowledge,permission, and the consent of each of the other Defendants,

8. This Court has personal jurisdiction over Defendants because theyhave conducted systematic and continuous business within California and withinthis District.

FACTUAL BACKGROUND9. 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-

123456789

10111213141516171819202122232425262728

PARKER & HALE, LLP



3/55

1 Serial No. 29/223,7 13, with the United States Patent and Trademark Office (PTO2 to obtain a design patent for an original design for a motorcycle oil tank. This3 application titled Motorcycle Oil Tank matured into Patent No. D512,6774 which issued on December 13, 2005 (the 677 Patent). Big Bear is the assignee5 of the 677 Patent. A copy of the 677 Patent is attached hereto as Exhibit A.6 11. On February 17, 2005, Kevin R. Alsop filed a patent application,7 Serial No. 29/223,724, with the PTO to obtain a design patent for an original and8 unique design for a motorcycle gas tank. This application titled Motorcycle Gas9 Tank matured into Patent No. D512,951 which issued on December 20, 2005

10 (the 951 Patent). Big Bear is the assignee of the 951 Patent. A copy of the11 951 Patent is attached hereto as Exhibit B.12 12. On February 17, 2005, Kevin R. Alsop filed a patent application,13 Serial No. 29/223,734, with the PTO to obtain a design patent for an original and14 unique design for a motorcycle gas tank. This application titled Motorcycle Gas15 Tank matured into Patent No. D514,498 which issued on February 7, 2006 (the16 498 Patent). Big Bear is the assignee of the 498 Patent. A copy of the 49817 Patent is attached hereto as Exhibit C.18 13. On February 17, 2005, Kevin R. Alsop filed a patent application,19 Serial No. 29/223,7 14, with the PTO to obtain a design patent for an original and20 unique design for a motorcycle frame. This application titled Motorcycle21 Frame matured into Patent No. D517,451 which issued on March 21, 2006 (the22 451 Patent). Big Bear is the assignee of the 451 Patent. A copy of the 45 123 Patent is attached hereto as Exhibit D.24 14. On October 4, 2005, Kevin R. Alsop filed a patent application, Serial25 No. 29/239,845, with the PTO to obtain a design patent for an original and unique26 design for a motorcycle swing arm. This application titled Motorcycle Frame27 Swing Arm matured into Patent No. D542,191 which issued on May 8, 200728 (the 191 Patent). Big Bear is the assignee of the 191 Patent. A copy of the

-3-PARKER & HALE, LLP



4/55

1 191 Patent is attached hereto as Exhibit E.2 BIG BEARS TRADE DRESS RIGHTS3 SLED CHOPPER TRADE DRESS4 15. Big Bears Sled Chopper custom motorcycle design includes a5 distinctive frame, gas tank, fenders, oil tank and swing arm (hereinafter SLED6 CHOPPER Trade Dress).7 16. Big Bears custom motorcycle design featuring the SLED CHOPPER8 Trade Dress has had an outstanding commercial success. As a result, the public9 recognizes the distinctive design of the SLED CHOPPER frame, gas tank,

10 fenders, oil tank and swing arm as designating an exclusive source, thereby11 creating goodwill which inures to Big Bears benefit and constituting a12 proprietary trade dress.13 17. Big Bear is the exclusive licensee of the SLED CHOPPER Trade14 Dress.15 18. Notwithstanding the rights of Big Bear in the design of the SLED16 CHOPPER Trade Dress, upon information and belief, Defendants have been17 offering for sale and selling in interstate commerce motorcycle frames which18 incorporate the SLED CHOPPER Trade Dress.19 SLED PROSTREET TRADE DRESS20 19. Big Bears Sled Prostreet custom motorcycle design includes a21 distinctive frame, gas tank, fenders, oil tank and swing arm (hereinafter SLED22 PROSTREET Trade Dress).23 20. Big Bears custom motorcycle design featuring the SLED24 PROSTREET Trade Dress has had an outstanding commercial success. As a25 result, the public recognizes the distinctive design of the SLED PROSTREET26 frame, gas tank, fenders, oil tank and swing arm as designating an exclusive27 source, thereby creating goodwill which inures to Big Bears benefit and28 constituting a proprietary trade dress.

-4-PARKER & HALE, LLP



5/55

1 21 . Big Bear is the exclusive licensee of the SLED PROSTREET Trad2 Dress.3 22 . Notwithstanding the rights of Big Bear in the design of the SLED4 PROSTREET Trade Dress, upon information and belief, Defendants have been5 offering for sale and selling in interstate commerce motorcycle frames which6 incorporate the SLED PROSTREET Trade Dress.7 SLED 250 TRADE DRESS8 23 . Big Bears Sled 250 custom motorcycle design includes a distinctive9 frame, gas tank, fenders, oil tank and swing arm (hereinafter SLED 250 Trade

10 Dress).11 24 . Big Bears custom motorcycle design featuring the SLED 250 Trade12 Dress has had an outstanding commercial success. As a result, the public13 recognizes the distinctive design of the SLED 250 frame, gas tank, fenders, oil14 tank and swing arm as designating an exclusive source, thereby creating goodwill15 which inures to Big Bears benefit and constituting a proprietary trade dress.16 25 . Big Bear is the exclusive licensee of the SLED 250 Trade Dress.17 26. Notwithstanding the rights of Big Bear in the design of the SLED18 250 Trade Dress, upon information and belief, Defendants have been offering for19 sale and selling in interstate commerce motorcycle frames which incorporate the20 SLED 250 Trade Dress.21 VENOM PROSTREET TRADE DRESS22 27. Big Bears Venom Prostreet custom motorcycle design includes a23 distinctive frame, gas tank, fenders, oil tank and swing arm (hereinafter VENOM24 PROSTREET Trade Dress).25 28. Big Bears custom motorcycle design featuring the VENOM26 PROSTREET Trade Dress has had an outstanding commercial success. As a27 result, the public recognizes the distinctive design of the VENOM PROSTREET28 frame, gas tank, fenders, oil tank and swing arm as designating an exclusive

-5-PARKER & HAIR. lIP



6/55

1 source, thereby creating goodwill which inures to Big Bears benefit and2 constituting a proprietary trade dress.3 29 . Big Bear is the exclusive licensee of the VENOM PROSTREET4 Trade Dress.5 30 . Notwithstanding the rights of Big Bear in the design of the VENOM6 PROSTREET Trade Dress, upon information and belief, Defendants have been7 offering for sale and selling in interstate commerce motorcycle frames which8 incorporate the VENOM PROSTREET Trade Dress.9 VENOM CHOPPER TRADE DRESS

10 31 . Big Bears Venom Chopper custom motorcycle design includes a11 distinctive frame, gas tank, fenders, oil tank and swing arm (hereinafter VENOM12 CHOPPER Trade Dress).13 32 . Big Bears custom motorcycle design featuring the VENOM14 CHOPPER Trade Dress has had an outstanding commercial success. As a result,15 the public recognizes the distinctive design of the VENOM CHOPPER frame, gas16 tank, fenders, oil tank and swing arm as designating an exclusive source, thereby17 creating goodwill which inures to Big Bears benefit and constituting a18 proprietary trade dress.19 33 . Big Bear is the exclusive licensee of the VENOM CHOPPER Trade20 Dress.21 34. Notwithstanding the rights of Big Bear in the design of the VENOM22 CHOPPER Trade Dress, upon information and belief, Defendants have been23 offering for sale and selling in interstate commerce motorcycle frames which24 incorporate the VENOM CHOPPER Trade Dress.25 DEVILS ADVOCATE CHOPPER TRADE DRESS26 35. Big Bears Devils Advocate Chopper custom motorcycle design27 includes a distinctive frame, gas tank, fenders, oil tank and swing arm (hereinafter28 DEVILS ADVOCATE CHOPPER Trade Dress).

-6-PARKER K HALE, ILP



7/55

1 36. Big Bears custom motorcycle design featuring the DEVILS2 ADVOCATE CHOPPER Trade Dress has had an outstanding commercia3 success. As a result, the public recognizes the distinctive design of the DEVILS4 ADVOCATE CHOPPER frame, gas tank, fenders, oil tank and swing arm as5 designating an exclusive source, thereby creating goodwill which inures to Big6 Bears benefit and constituting a proprietary trade dress.7 37 . Big Bear is the exclusive licensee of the DEVILS ADVOCATE8 CHOPPER Trade Dress.9 38 . Notwithstanding the rights of Big Bear in the design of the DEVILS

10 ADVOCATE CHOPPER Trade Dress, upon information and belief, Defendants11 have been offering for sale and selling in interstate commerce motorcycle frames12 which incorporate the DEVILS ADVOCATE CHOPPER Trade Dress.13 DEVILS ADVOCATE PROSTREET TRADE DRESS14 39 . Big Bears Devils Advocate Prostreet custom motorcycle design15 includes a distinctive frame, gas tank, fenders, oil tank and swing arm (hereinafter16 DEVILS ADVOCATE PROSTREET Trade Dress).17 40. Big Bears custom motorcycle design featuring the DEVILS18 ADVOCATE PROSTREET Trade Dress has had an outstanding commercial19 success. As a result, the public recognizes the distinctive design of the DEVILS20 ADVOCATE PROSTREET frame, gas tank, fenders, oil tank and swing arm as21 designating an exclusive source, thereby creating goodwill which inures to Big22 Bears benefit and constituting a proprietary trade dress.23 41 . Big Bear is the exclusive licensee of the DEVILS ADVOCATE24 PROSTREET Trade Dress.25 42 . Notwithstanding the rights of Big Bear in the design of the DEVILS26 ADVOCATE PROSTREET Trade Dress, upon information and belief,27 Defendants have been offering for sale and selling in interstate commerce28 motorcycle frames which incorporate the DEVILS ADVOCATE PROSTREET

-7-PARKER & SALE, lip



8/55

1 Trade Dress.2 BEAR BONES TRADE DRESS3 43 . Big Bears Bear Bones custom motorcycle design includes4 distinctive frame, gas tank, fenders, oil tank and swing arm (hereinafter BEAR5 BONES Trade Dress).6 44 . Big Bears custom motorcycle design featuring the BEAR BONES7 Trade Dress has had an outstanding commercial success. As a result, the public8 recognizes the distinctive design of the BEAR BONES frame, gas tank, fenders9 oil tank and swing arm as designating an exclusive source, thereby creating

10 goodwill which inures to Big Bears benefit and constituting a proprietary trade11 dress.12 45 . Big Bear is the exclusive licensee of the BEAR BONES Trade13 Dress.14 46. Notwithstanding the rights of Big Bear in the design of the BEAR15 BONES Trade Dress, upon information and belief, Defendants have been offering16 for sale and selling in interstate commerce motorcycle frames which incorporate17 the BEAR BONES Trade Dress.18 SCREAMIN DEMON TRADE DRESS19 47 . Big Bears Screamin Demon custom motorcycle design includes a20 distinctive frame, gas tank, fenders, oil tank and swing arm (hereinafter21 SCREAMIN DEMON Trade Dress).22 48. Big Bears custom motorcycle design featuring the SCREAMIN23 DEMON Trade Dress has had an outstanding commercial success. As a result,24 the public recognizes the distinctive design of the SCREAMIN DEMON frame,25 gas tank, fenders, oil tank and swing arm as designating an exclusive source,26 thereby creating goodwill which inures to Big Bears benefit and constituting a27 proprietary trade dress.28 49 . Big Bear is the exclusive licensee of the SCREAMIN DEMON

-8-PARKER & HALE, IKE



9/55

1 Trade Dress.2 Notwithstanding the rights of Big Bear in the design of the SCREAMIN3 DEMON Trade Dress, upon information and belief, Defendants have been4 offering for sale and selling in interstate commerce motorcycle frames which5 incorporate the SCREAMTN DEMON Trade Dress.6 MISS BEHAVIN TRADE DRESS7 50. Big Bears Miss Behavin custom motorcycle design includes a8 distinctive frame, gas tank, fenders, oil tank and swing arm (hereinafter MISS9 BEHAVIN Trade Dress).

10 51. Big Bears custom motorcycle design featuring the MISS BEHAVIN11 Trade Dress has had an outstanding commercial success. As a result, the public12 recognizes the distinctive design of the MISS BEHAVIN frame, gas tank,13 fenders, oil tank and swing arm as designating an exclusive source, thereby14 creating goodwill which inures to Big Bears benefit and constituting a15 proprietary trade dress.16 52 . Big Bear is the exclusive licensee of the MISS BEI-{AVIN Trade17 Dress.18 53. Notwithstanding the rights of Big Bear in the design of the MISS19 BEHAVIN Trade Dress, upon information and belief, Defendants have been20 offering for sale and selling in interstate commerce motorcycle frames which21 incorporate the MISS BEHAVIN Trade Dress.22 ATHENA CHOPPER TRADE DRESS23 54. Big Bears Athena Chopper custom motorcycle design includes a24 distinctive frame, gas tank, fenders, oil tank and swing arm (hereinafter25 ATHENA CHOPPER Trade Dress).26 55. Big Bears custom motorcycle design featuring the ATHENA27 CHOPPER Trade Dress has had an outstanding commercial success. As a result,28 the public recognizes the distinctive design of the ATHENA CHOPPER frame,

PARKER & HALE. lip



10/55

1 gas tank, fenders, oil tank and swing arm as designating an exclusive source2 thereby creating goodwill which inures to Big Bears benefit and constituting a3 proprietary trade dress.4 56. Big Bear is the exclusive licensee of the ATI-IENA CHOPPER Trade5 Dress.6 57. Notwithstanding the rights of Big Bear in the design of the7 ATFIENA CHOPPER Trade Dress, upon information and belief, Defendants have8 been offering for sale and selling in interstate commerce motorcycle frames9 which incorporate the ATHENA CHOPPER Trade Dress.

10 ATHENA PROSTREET TRADE DRESS11 58. Big Bears Athena Prostreet custom motorcycle design includes a12 distinctive frame, gas tank, fenders, oil tank and swing arm (hereinafter13 ATHENA PROSTREET Trade Dress).14 59. Big Bears custom motorcycle design featuring the ATHENA15 PROSTREET Trade Dress has had an outstanding commercial success. As a16 result, the public recognizes the distinctive design of the ATHENA PROSTREET17 frame, gas tank, fenders, oil tank and swing arm as designating an exclusive18 source, thereby creating goodwill which inures to Big Bears benefit and19 constituting a proprietary trade dress.20 60. Big Bear is the exclusive licensee of the ATHENA PROSTREET21 Trade Dress.22 61 . Notwithstanding the rights of Big Bear in the design of the23 ATHENA PROSTREET Trade Dress, upon information and belief, Defendants24 have been offering for sale and selling in interstate commerce motorcycle frames25 which incorporate the ATHENA PROSTREET Trade Dress.26 FIRST CLAIM FOR RELIEF27 (Patent Infringement)28 62. Plaintiff repeats and realleges paragraphs 9 through 61 hereinabove.

-10-1E, PARKER R HALE. LLP



11/55

1 63. On information and belief, Defendants, alone or in concert with2 others, have made, offered for sa le, and/or sold and continue to sell in this district3 motorcycles or motorcycle kits which infringe: the claim of the 677 Patent, the4 claim of the 951 Patent, the claim of the 498 Patent, the claim of the 451 Paten5 and the claim of the 191 Patent (collectively the Patents-In-Suit.)6 64. The aforesaid acts of Defendants are without right, licen se, o7 authorization from Big Bear.8 65 . By its aforesaid acts, Defendants have violated 35 U.S.C. 271 by9 its infringement of the Patents-In-Suit.

10 66 . On information and belief, the acts of infringement of Defendants11 will continue unless enjoined by this Cou rt.12 67 . Big Bear is being damaged by Defendants infringement of the13 Patents-In-Suit and is being and will continue to be irreparably damaged unless14 Defendants infringement is enjoined by this Court. Big Bear does not have an15 adequate remedy at law.16 68 . Big Bear is entitled to an award of damages sufficient to compensate17 it for Defendants infringement.18 69. On information and belief, Defendants had actual notice of the19 Patents-In-Suit and continue to knowingly and willfully infringe with disregard to20 the rights of Big Bear. Consequently, an award of multiple damages and21 attorneys fees are appropriate.22 SECOND CLAIM FOR RELIEF23 (Trade Dress Infringement)24 70. Big Bear repeats and realleges paragraphs 9 through 69 above.25 71. Trade Dress identified in paragraphs 15 through 61 is distinctive,26 non-functional, and owned by Big Bear.27 72. Upon information an d belief, the above-described acts of Defendants28 constitute trade dress infringement in violation of 15 U.S.C. 1125(a) in th at

-11-1E. PARKER K HALE, I LP



12/55

1 Defendants have used a motorcycle trade dress comprising colorable imitations o2 copies of the Trade Dress identified in paragraphs 15 through 61 in a manner tha3 is likely to cause confusion among ordinary consumers as to the source4 sponsorship, affiliation, or approval of the Defendants goods.5 73. Big Bear is being damaged and is likely to be damaged in the future6 by Defendants infringement by reason of the likelihood that potential purchasers7 and/or end users of Defendants goods will be confused or mistaken as to the8 source, sponsorship or affiliation of Defendants motorcycles.9 74. Upon information and belief, Defendants have unfairly profited from

10 the actions alleged herein and will continue to be unjustly enriched unless and11 until such conduct is enjoined.12 75. By reason of Defendants acts alleged herein, Big Bear has suffered13 and will continue to suffer damage to its goodwill and has and will continue to14 suffer irreparable harm unless and until Defendants conduct is enjoined.15 76. On information and belief, Defendants acts alleged herein were16 willful and conducted in conscious disregard of Big Bears rights.17 THIRD CLAIM FOR RELIEF18 (Common Law Unfair Competition)19 77. Big Bear repeats and realleges paragraphs 9 through 76 above.20 78. The above-described acts of Defendants constitute unfair21 competition under the common law of California.22 79. Defendants violation of Big Bears rights was oppressive, vexatious,23 intentional, willful and in reckless disregard of Plaintiffs rights. Plaintiff is24 entitled to punitive damages against Defendants.25 FOURTH CLAIM FOR RELIEF26 (State Law Statutory Unfair Competition)27 80. Big Bear hereby repeats and realleges paragraphs 9 through 7928 hereinabove as though fully set forth herein.

-12-PARKER & I-ISlE. h.P



13/55

1 81. The Court has jurisdiction over this Claim pursuant to 27 U.S.C2 Section 1367.3 82. By their acts complained of herein, Defendants have engaged in4 unfair competition under Cal. Bus. and Prof. Code 17200 et seq.5 83. Big Bear has suffered harm as a result of Defendants actions.6 REQUEST FOR RELIEF7 WHEREFORE, PlaintiffBig Bear prays for relief as follows:8 1. That this Court adjudge and declare:9 a. That it has jurisdiction of the parties and of the subject matter

10 of this action;11 b. That each of the Patents-in-Suit is valid and owned by Big12 Bear;13 c. That Big Bear is the owner and exclusive licensee of the Trade14 Dress identified in paragraphs 15 through 61 (Trade Dress);15 d. That Defendants have committed acts of patent infringement16 by making, offering for sale and selling motorcycles and/or motorcycle kits which17 incorporate designs shown in the Patents-in-Suit;18 e. That Defendants have committed acts of trade dress19 infringement by their offer for sale and sale of motorcycles which incorporate a20 colorable imitation of Plaintiffs Trade Dress and/or patented designs.21 2. That Defendant Day, Defendant Daytec and its officers, directors,22 owners, agents, representatives, employees, assigns and suppliers, and all persons23 acting in concert or privity with any of them be preliminarily and permanently24 enjoined from using any design of Big Bears Trade Dress and from using any of25 Big Bears patented designs claimed in the Patents-in-Suit.26 3. That Defendants be required by mandatory injunction to deliver to27 Big Bear for destruction any and all motorcycles or motorcycle kits in their28 possession, custody or control which incorporate Plaintiffs Trade Dress and/or

-13-PARKER A HAIR, lIP



14/55

1 any of Big Bears patented designs claimed in the Patents-in-Suit.2 4. That Big Bear be awarded damages covered by the acts of paten3 infringement of Defendants in an amount not less than a reasonable royalty4 pursuant to 35 U.S.C. 284 or in an amount equal to Defendants profits pursuan5 to 35 U.S.C. 289, whichever is greater and that these damages so ascertained be6 trebled;7 5. That Defendants pay to Big Bear all damages suffered by Big Bea8 and all profits which Defendants received as a result of Defendants infringemen9 of Big Bears trade dress and that such damages be trebled in accordance with the

10 provisionsof15U.S.C. 1117.11 6. That Defendants pay Big Bear punitive damages;12 7. That Defendants pay Big Bear prejudgment interest;13 8. That Defendants disgorge all profits;14 9. That Defendants pay restitution;15 10. That Big Bear recovers its costs in this action, including attorneys16 fees; and17 11. That Big Bear have such other or further relief as the Court may18 deem just and proper.1920 DATED: May 6, 2013 Respectfully submitted,21 CHRISTIE, PARKER & HALE, LLP

23 ByAttorneys for Plaintiff,25 RAGE HARD CHOPPERS, INC. DBA

26 BIG BEAR CHOPPERS2728

-14-PARKER & HALE. H.P



15/55

1 DEMAND FOR JURY TRIAL2 Plaintiff, Rage Hard Choppers, Inc. dba Big Bear Choppers, pursuant to3 Federal Rule of Civil Procedure 38 , hereby demands a trial by jury of all issues so4 triable.56 DATED: May 6, 2013 Respectfully submitted,7 CHRISTIE, PARKER & HALE, LLPBy/@. Warreni1eeke10

Attorneys for Plaintiff,11 RAGE HARD CHOPPERS, INC. DBABIG BEAR CHOPPERS1213

GWB PAS1233679,1_*05/3/13 11:10 PM141516171819202122232425262728

-15-E, PARKER & SALE, UP



16/55

m w



17/55

I IO 11111 NN II I II III NI IHH IIIII IIUS00D512677S(12) United States Design Patent (10) Patent No.: US D512,677 S

(45) Date of Patent: * Dcc. 13, 2005(54) MOTORCYCLE OIL TANK(76) Inventor: Kevin R. Alsop, P.O. Box 3021, Big

Bear City, CA (US) 92314(**) Term: 14 Years(21) Appi. No.: 29/223,713(22) Filed: Feb. 17, 2005(51) LOC (6) Cl 12-06(52) U.S. CI D12/218(58) Field of Search D12/114, 218,

D12!110; 180/219, 225; 280/833, 835(56) References Cited

U.S. PATENT DOCUMENTSD209,494 s * 12/1967 Watkins D12/218D23tI,151 S * 1/1974 Morris D121218

Primary ExaminerAlan P. DouglasAssistant ExaminerLinda Brooks(74) Attorney, Agent, or FirmChristie, Parker & Hale,LLP(57) CLAIMThe ornamental design for a motorcycle oil tank, as shownand described.

DESCRIPTIONFIG. 1 is a perspective view showing my new design;FIG. 2 is left side view, with the right side view being amirror 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 illustrativepurposes only and form no part of the claimed design.

1 Claim, 6 Drawing Sheets

Alsop

* cited by examiner

Exhibit APage 16



18/55

--.

q)

S.



19/55

U0. Patent Dec. 13, 2005 Sheet 2 of 6 US D512,677 S

Exhibit APage 18

FIG 2



20/55

Sheet 3 of 6 US D512,677 SS. Patent I)ec. 13, 2005

Exhibit APage 19

FIG.3



21/55

ci -1 c2

um CD 0>

0



22/55

(1

CD

0 -

c)

(1



23/55

LLi

cc



24/55

EXHBT B



25/55

I IHII IIIII NI HillH Hl IIII IIII 11111 MI IIMII N III IH IUS00D512951S(12) United States Design Patent (10) Patent No.: US D512,951 SAlsop (45) Date of Patent: Dcc. 20, 2005(54) MOTORCYCLE GAS TANK(76) Inventor: Kevin R. Alsop, P.O. Box 3021, Big

Bear City, CA (US) 92314(**) Term: 14 Years

Appi. No.: 29/223,724Filed: Feb. 17, 2005LOC (6) Cl 1206U.S. Cl D12/218Field of Search D12/218, 110;

180/219; 280/833, 835(56) References Cited

U.S. PATENT DOCUMENTSD432,486 S * 10/2000 Krejci D12/2186,478,335 B2 * 11/2002 Reed 280/835

OTHER PUBLICAIIONS

(21)(22)(51)(52)(58)

Primary ExaminerAlan P. DouglasAssistant ExaminerLinda Brooks(74) Attorney, Agent, or FirmChristie, Parker & Hale,LLP(57) ClAIMThe ornamental design for a motorcycle gas tank, as shownand described.

DESCRIPTIONFIG. 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 imagethereof;FIG. 4 is a bottom view;FIG. 5 is a front view; and,FIG. 6 is a hack view of the design.Th e broken lines show environment a nd ar e for illustrativepurposes only and form no part of the claimed design.


Custom Chrome 2002, Aluminum Gas Tank withOptional FlipUp Dash for Softail Models at t op l ef t ofp. 16.04.** cited by examiner

Exhibit BPage 23



26/55

U0S Patent Dec. 20, 2005 Sheet 1 of 4

Exhibit BPage 24

US D512,951 S

V/(/



27/55

US. Patent Dec. 20, 2005 Sheet 2 of 4 US D512,951 S

Exhibit BPage 25



28/55

UaS Patent Dec. 20, 2005 Sheet 3 of 4 US D512,951 S

Exhibit BPage 26



29/55

U0S Patent

cc

Dec. 20, 2005 Sheet 4 of 4

Exhibit BPage 27

US D512,951 S



30/55

EXHBT C



31/55

I IO IN HH OHII 101 NI OH 110 IIl 110 00111101 IIUS00D514498S(12) United States Design Patent (10) Patent No.: US D514,498 SAlsop (45) Date of Patent: * Feb. 7, 2006(54) MOTORCYCLE GAS TANK(76) Inventor: Kevin R. Alsop, P.O. Box 3021, Big

Bear City, CA (US) 92314(**) Term: 14 Years

Appi. No.: 29/223,734Filed: Feb. 17, 2005LOC (8) Cl 12-06US . Cl D12/218Field of Classification Search D12/218,D12/110; 180/219; 280/833, 835See application file for complete search history.

(56) References CitedU.S. PATENT DOCUMENTS

D432,486 S * 10/2000 Krejci D12/2186,478,335 B2 * 11/2002 Reed 280/835

OTHER PUBLICATIONSCustom Chrome 2002, Aluminum Gas Tank withOptional FlipUp Dash for Softail E Models at the to p leftof p. 16.04.** cited by examiner

N/

/ //N.N N

N N(N NN\

N\, \._\ NN .

\, \

(21)(22)(51)(52)(58)

Primary ExaminerAlan P. DouglasAssistant ExaminerLinda Brooks(74) Attorneg Agent, or FirmChristie, Parker & Hale,LLP(57) ClAIMThe ornamental design for a motorcycle gas tank, as shownand described.

DESCRIPTIONFIG, 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 imagethereof;FIG. 4 is a bottom view;FIG. 5 is a front view; and,FIG. 6 is a back view of the design.The broken lines show environment and are for illustrativepurposes only arid form no part of the claimed design.


Exhibit CPage 28



32/55

U0S Patent

ct;

Feb. 7, 2006 Sheet 1 of 4 US D514,498 S

N

Exhibit CPage 29



33/55

U.S Patent Feb. 7, 2006 Sheet 2 of 4

Exhibit CPage 30

US D514,498 S



34/55

U.S. Patent Feb. 7, 2006 Sheet 3 of 4 US D514,498 S

Exhibit CPage 31



35/55

U.S. Patent

ct;

Feb. 7, 2006 Sheet 4 of 4

Exhibit CPage 32

US D514,498 S



36/55

EXHIBNT 0



37/55

i io iii 11111 nUS00D517451S(12) United States Design Patent (10) Patent No.: US D517,451 SAlsop (45) Date of Patent: * Mar. 21, 2006(54) MOTORCYCLE FRAME(76) Inventor: Kevin R. Alsop, P.O. Box 3021, B ig

Bear City, CA (US) 92314(**) Term: 14 Years(21) Appi. No.: 29/223,714(22) Filed: Feb. 17, 2005(51) LOC (8) Cl 12-11(52) U .S . C l 1)12/110(58) Field of Classification Search D12/110,

D12/117; 180/219, 225, 311, 312See application file for complete search history.(56) References Cited

U.S . PATENT DOCUMENTS5,921,339 A * 7/1999 Matsuura 180/2196,793,031 BI * 9/2004 Greene 180/225

cited by examiner

Primary ExaminerAlan P. DouglasAssistant ExaminerLjnd a Brooks(74) Attorney, Agent; or Firm-Christie, Parker & Hale,LLP.(57) CLAIMThe ornamental design for a motorcycle frame, as shownand described.

DESCRIPTIONFIG. 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.Th e brokcn lines adjacent the shaded areas represent thebounds of the claimed design, and the broken lines showingportions of a motorcycle frame, form no part of the claimeddesign.

Exhibit DPage 33




38/55

U0S Patent Mar. 21, 2006 Sheet 1 of S

Exhibit DPage 34

US D517,451 S



39/55

U,Sa Patent Mar. 21, 2006 Sheet 2 of 5 US D517,451 S

Exhibit 0Page 35



40/55

U0. Patent Mar. 21, 2006 Sheet 3 of 5 US D517,451 S

Exhibit DPage 36



41/55

U.S. Patent

c5

Mar. 21, 2006 Sheet 4 of 5

Exhibit DPage 37

US D517,451 S



42/55

fco4Cr

LU

LILI

01J

9IJ



43/55

m I w m



44/55

lllN VI Hill Hlll l lIlI hA IIHI huh lA hlhlhlh N All 1111US00D542191S(12) United States Design Patent (10) Patent No.: US D542,191 SAlsop (45) Date of Patent: ** May 8, 2007(54) MOTORCYCLE FRAME SWLNG ARM(76) Inventor: Kevin R. Alsop, P.O. Box 3021, Big

Bear City, CA (US) 92314(5*) Term: 14 Years(21) AppI . No .: 29/239,845(22) Filed: Oct. 4, 2005(51) LOC (8) CI 12-11(52) U.S. Cl D12/117(58) 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, 288.4See application file for complete search history.

(56) References CitedU.S. PATENT DOCUMENTSD416,215 S * 11/1999 Hanlon Ct al D12/110D503,363 S 3 /2005 Alsop D12/117

Primar ExaminerAlan P. DouglasAssistant ExaminerLinda Brooks(74) Attorney, Agent, or FirmChristie, Parker & Hale,LLP.(57) CLAIMThe ornamental design for a motorcycle frame swing arm, asshown and described.

DESCRIPTIONFIG. 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.

Exhibit EPage 39

* cited by examiner 1 Claim, 7 Drawing Sheets



45/55


46/55

US Patent May 8, 2007 Sheet 2 of 7

Exhibit EPage 41

US D542,191 S

NN N /

/7

N ZN



47/55-Dm

CD

Ff03



48/55

US Patent May 8, 2007 Sheet 4 of 7 US D542,191 S

Exhibit EPage 43



49/55(D

FG.5



50/55

U0S Patent May 8, 2007 Sheet 6 of 7

Exhibit EPage 45

US D542,191 S

co



51/55


52/55

UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY

This case has been assigned to District Judg e Virginia A. Phillips and the ass igneddiscovery Magistrate Judge is Oswald Parada.The case number on all documents fi led with the Court should read as fo llows:

EDCV13- 841 VAP (OPx)Pursuant to Genera l Order 05-07 of the United States District Court for the Central

District of California, the Magistrate Judge has been designated to hear discovery re latedmotions.

All discovery related motions should be noticed on the calendar of the Magistrate Judge

NOTICE TO COUNSELA copy of this notice must be served with the summons and complaint on all defendants (if a removal action isfiled, a copy of this notice must be served on all plaintiffs).Subsequent documents must be filed at the following location:

Western Division Southern Division ..fj Eastern Division312 N. Spring St., Rm. G-8 411 West Fourth St., Rm. 1-053 3470 Twelfth St., Rm . 134Los Angeles, CA 90012 Santa Ana, CA 92701-4516 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



53/55

Name & Address:G. Warren Bleeker, CA Bar No. [email protected], PARKER & HALE, LLP655 N. Central Ave., Suite 2300,Glendale, CA 91203Phn: 626-795-9900; Fax: 626-577-8800

UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIACASE NUMBERRAGE HARD CHOPPERS, INC. DBA BIG BEAR

CHOPPERS, a California corporation, 3 0 8 4 (.DAYTEC, a California business entity, form unknown,and PHILIP R. DAY, an individual,

SUMMONSDEFENDANT(S).

TO : DEFENDANT(S):A lawsuit ha s been filed against you.Within 21 days after service of this summons on you (not counting the day you received it), youmust 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 answeror motion must be served on the plaintiffs attorney, G. Warren Bleeker , whose address isChristie, 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 fileyour answer or motion with the court.

Clerk, U S District Court ..- 7Dated 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. Allowed60 days by Rule 12(a)(3)].

CV-OIA(IO/1 I SUMMONS



54/55

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIACIVIL COVER SHEET

I. (a) PLAINTIFFS ( Check box if you are representing yourself ) DEFENDANTS ( Check box if you are representing yourselfRAGE HARD CHOPPERS, INC. dba BI G BEAR CHOPPERS DAYTEC and PHILIP R. DAY

(b ) Attorneys (Firm Name, Address and Telephone Number. If you (b ) Attorneys (Firm Name, Address and Telephone Number, If youare representing yourself, provide same.) are representing yourself, provide same.)G. Warren Bleeker, CA Bar No. 210834, [email protected], PARKER & HALE, LLP655 North Central Avenue, Suite 2300; Glendale, California 91203-1445Tel: 626-795-9900; Fax: 626-577-8800II. BASIS OF JURISDICTION (Place an X in one box only.) III. CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only(Place an X in one box for plaintiff and one for defendant)PTF DEF PTF DEFIncorporated or Principal Placefl 1. U.S. Government 3. Federal Question (U.S. Citizen ofThis State 1 1 of Business in this StatePlaintiff Government Not a Party) Citizen of Another State 2 2 Incorporated and Principal Place

2. U.S. Government of Business in Another StateE Defendant El 4. Diversity (Indicate Citizenship Citizen or Subject ofa fl 3 El 3 Foreign Nation 6 El 6of Parties in Item III) Foreign Country5. Transferred from Another 6. Multi-V. ORIGIN (Place an X in one box only.) Distrkt ISpecifyl District1, Original 2. Removed from 3. Remanded from 4. Reinstated or LitigationProceeding El State Court El Appellate Court Reopened

V. REQUESTED IN COMPLAINT: JURY DEMAND: fj Yes No (Check Yes only if demanded in complaint.)CLASS ACTION under F.R.Cv.P. 23 : Yes No MONEY DEMANDED IN COMPLAINT: $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 common law unfair competitionVII. NATURE OF SUIT (Place an X in one box only).

OTHER STATUTES CONTRACT REAL PROPERTY CONT IMMIGRATION PRISONER PETITIONS PROPERTY RIGHTS375 Fal se C la ims Act El 110 Insurance El 240 Torts to Land 462 Naturalization Habeas Corpus: fl 820 CopyrightsEl Application El 463 Alien DetaineeEl 245 Tort Product [ 830 Patent00 State 120 Marine 465 Other El 510 Motions to Vacatel Reapportionment Liability El Immigration Actions SentenceEl 410 Antitrust El 130 Miller Act 290 All Other Real El 840 Trademark140 Negotiable El Property TORTS El S3OGeneral SOCIALSECURITY430 Banks and Banking El Instrument TORTS PERSONAL PROPERTY El 535 Death Penalty El 861 HIA (1395ff)450 Commerce/ICC

El Rates/Etc. 150 Recovery of PERSONAL INJURY El 370 Other Fraud Other: El 862 Black Lung (923)El Overpayment& El 310 Airplane El 540 Mandamus/OtherEl 460 Deportation Enforcement of 315 Airplane El 371 Truth in Lending El 550 Civil Rights El 863 DIWC/DIWW (405 (g))Judgment El Product Liability 380 Other Personal70 Racketeer InfluEl enced & Corrupt Org. El 151 Medicare Act 320 Assault, Libel & El Property Damage El 555 Prison Condition El 864 SSID Title XVIEl Slander 560 Civil Detainee El 865 RSI (405 (g))385 Property Damage El Conditions ofl 480 Consumer Credit 152 Recovery of 330 Fed. Employers El Product Liability Confinement FEDERAL TAX SUITSl Defaulted Student El LiabilityEl 490 Cable/Sat TV Loan (ExcI Vet.) BANKRUPTCY FORFEITURE/PENALTY 870 Taxes (U.S. Plaintiff or850 Securities/Com- El 340 Marine El 422 Appeal 28 625 Drug Related Defendantl153 Recovery of 345 Marine Product USC 158 El Seizure of Property 21 871 IRS-Third Party 26 USCEl modities/Exchange El Overpayment of El Liability 423 Withdrawal 28 USC 881 760990 Other Statutory Vet. Benefits El USC 157l Actions El 350 Motor Vehicler, 160 StockholdersEl 891 Agricultural Acts Suits 355 Motor Vehicle CIVIL RIGHTS El 6900therEl Product Liability El 440 Other Civil Rights LABOR93 Environmental El 190 Other 360 Other Personal El 441 Voting El 710 Fair Labor StandardsEl Matters Contract El Injury ActEl 895 Freedom of Info.Act r1 195 Contract 362 Personal Injury- El 442 EmploymentProduct Liability El Med Maipratice El 720 Labor/Mgmt.443 Housing/ Relations365 Personal Injury- El Accomodationsl 896 Arbitration El 196 Franchise El Product Liability El 740 Railway Labor ActREAL PROPERTY899 Admin. Procedures 367 Health Care/ 445 American with210 Land Pharmaceutical El Disabilities- 751 Family and MedicalEl Act/Review of Appeal of El Condemnation El Personal Injury Employment El Leave ActAgency Decision El 220 Foreclosure Product Liability 446 American with 790 Other Labor950 Constitutionality of 230 Rent Lease & 368 Asbestos El Disabilities-Other El LitigationEl Personal Injury 448 Education 791 Employee Ret. Inc.k , ,..,,El State Statutes El Ejectment Product Liabilitf 1ty ActFOR OFFICE US E 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



55/55

Documents

Rage Hard Choppers v. Daytec et. al