let's go aero v. u-haul - complaint

8/20/2019 Let's Go Aero v. U-Haul - Complaint

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No.

LET’S GO AERO, INC., a Colorado corporation

Plaintiff

v.

U-HAUL INTERNATIONAL, INC., a Nevada

corporation,

and

WYERS PRODUCTS GROUP, INC., a Colorado corporation

d/b/a TRIMAX

Defendants

COMPLAINT AND JURY DEMAND

Plaintiff Let’s Go Aero, Inc., a Colorado corporation (“LGA”), as and for its Complaint

against U-Haul International, Inc., a Nevada corporation (“U-Haul”) and Wyers Products Group,

Inc., d/b/a Trimax, a Colorado corporation (“Wyers”), alleges and states as follows:

SUMMARY OF CASE

1. This is an action for damages and injunctive relief to remedy the intellectual

property infringements of LGA’s patents, copyrighted materials, and trademarks and unfair trade

practices by the Defendants as described below through: (a) the unauthorized manufacture, use,

sale, and/or offer to sell products by Defendants U-Haul and Wyers which infringe on one or

more claims of U.S. Patents held by LGA which relate to its “Silent Hitch Pin®” or “SHP”, the

LGA GearCage® and the LGA Bike Rack; and (b) Defendant U-Haul’s unlawful use and

Case 1:16-cv-00410 Document 1 Filed 02/19/16 USDC Colorado Page 1 of 20


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infringements of LGA’s rights under its trademarks and copyrighted materials and U-Haul’s

unfair trade practices.

2. The patent infringements by Defendant Wyers involve its manufacture, use, sale

and/or offer for sale of infringing products which include towing products marketed and sold

under the names of “TAR 300” and “Anti-Rattle Pin Receiver Pin” (“Wyers Accused Products”).

The Wyers Accused Products were sold to and by U-Haul.

3. Non-Party Cequent Performance Products, Inc. is a manufacturer, importer and

supplier of products including Highland Gear Cage®, Transporter Cargo Carrier, PN 5800300,

Pro Series Gear Cage, PN 5800300, Sportwing Bike Rack, and upon information and belief

Silent Hitch Pin® or Anti Rattle Hitch Pin, all of which infringed on Plaintiff’s United States

Patents after the termination of Cequent’s license to manufacture and sell such products in

January of 2012 and the selloff of approved remaining inventory, (“Cequent Infringing

Products”) that were then sold through U-Haul.

PARTIES AND RELEVANT NON-PARTIES

4. Plaintiff LGA is a Colorado corporation with its principal place of business in

Colorado Springs, Colorado.

5. Defendant U-Haul is a Nevada corporation with its principal place of business at

2727 N. Central Ave., Phoenix, Arizona 85004.

6.

Defendant Wyers Products (“Wyers”) is a Colorado corporation with its principal

place of business at 6770 S. Dawson Circle, Suite 200, Centennial, Colorado 80112.

7. Non- party Cequent Performance Products, Inc. (“Cequent”) is a Delaware

corporation with its principal place of business in Plymouth, Michigan.



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JURISDICTION AND VENUE

8. This Court has jurisdiction to render declaratory and injunctive relief pursuant to

28 U.S.C. §§ 2201 and 2202 as well as jurisdiction over the claims contained herein for patent

infringement, copyright infringement, and trademark infringement pursuant to the laws of the

United States, including but not limited to 35 U.S.C. §§ 101, et seq., (specifically 35 U.S.C.

§§ 271, 281 to 287, 292), 17 U.S.C. §§ 101, et seq., and 15 U.S.C. § 1125(a) and (c). This Court

also has jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338. Supplemental jurisdiction over

LGA’s state law claims exists pursuant to 28 U.S.C. § 1367 because they are so related to the

other claims that together all of the claims form the same case or controversy.

9. This Court has personal jurisdiction over each of the Defendants because each

regularly has and continues to transact business in this judicial district by, among other things,

selling or offering to sell its infringing products and utilizing the LGA Trademark and

Copyrighted Materials to enable such sales or offers to sell to customers located in this judicial

district pursuant to C.R.S. § 13-1-124.

10. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b), (c) and 1400(b).

FACTUAL BACKGROUND

LGA Inventions and Patents, Trademarks and Copyrighted Works

11. LGA is the sole assignee and beneficial owner of various patents for inventions

created by its founder and president, Marty L. Williams.

12. LGA is a manufacturer and distributor of a variety of towing products for use

within the camping/recreational cargo transport industry. Its product line can be viewed at

www.letsgoaero.com.



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13. LGA sells its products through national retail and specialty stores throughout the

United States and elsewhere, under its registered and un-registered trademarks and has

achieved a world-wide reputation based upon the quality, design and innovation of LGA’s

products.

LGA’s Silent Hitch Pin® Patents

14. The applicable Utility Patents that relate to the Silent Hitch Pin® (also listed as

“SHP”) were assigned to LGA and include Nos. 6,609,725 (“’725 Patent”) (Exhibit A), and

6,945,550 (“’550 Patent”) (Exhibit B).

15. The ‘725 Patent and ‘550 Patent are collectively referred to hereinafter as the

“SHP Patents” and are in full force and effect.

LGA’s GearCage® Patent

16. LGA was assigned a Utility Patent for its vehicle mounted cargo carrier,

“GearCage®” product, No. 8,858,141 (“’141 Patent”) (Exhibit C).

17. The ‘141 Patent is referred to herein as the “GearCage® Patent” and is in full

force and effect.

LGA’s Bike Rack Patent

18. LGA was assigned Design and Utility Patents for its “VME Bike Rack” product,

Utility Patent No. 8,889,456 and Design Patent Nos. D684,917, D717,716, D717,717 and

D722,289 (“’456 Patent” [Exhibit D] Design Patents D684,917 [Exhibit E], D717,716 [Exhibit

F], D717,717 [Exhibit G] and D722,289 [Exhibit H].)

19. The ‘456 and Design Patents D684,917, D717,716, D717,717 and D722,289 are

referred to herein as the “Bike Rack Patents.”



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LGA’s Trademarks

20. LGA has common law and registered trademarks on the “Silent Hitch Pin®”

(SHP), first used in 1999, via U.S. Trademark Registration No. 4,296,604 (Exhibit I) and on the

GearCage®, first used in 2004, via U.S. Trademark Registration No. 4,296,605 (Exhibit J) and

for Moover™, first used in 2006, all of which have become distinctive by the acquisition of

secondary meaning pursuant to 15 U.S.C. 1052 (f). Defendant U-Haul was authorized to use

these marks on its sale of Cequent’s properly licensed LGA products and certain products

manufactured by LGA under a short term agreement, until Cequent’s license was terminated and

the private label agreement with LGA ceased, after which U-Haul would have no authority to use

the trademarks. Other trademarks owned by LGA may be relevant to LGA’s claims.

LGA Copyrights

21. LGA owns the copyright for LGA Cargo Rack Operating Manuals, GearCage®

Ramp Accessory, Moover™ Transporter System, GearCage® SP Cargo Rack, GearCage® TT

Cargo Rack, TwinTube U-Build-IT registered with the U.S. Copyright Office, (No. TXu 1-847-

969) (“LGA Copyrights”) (shown in Exhibit K) as well as other copyrights on works of text, line

art and photos which upon discovery may have been infringed by one or both Defendants.

Defendants’ Misconduct

22. In April of 2012, U-Haul signed a non-disclosure agreement with LGA related to

U-Haul’s potential licensing or sale of certain LGA inventions and intellectual property,

including the SHP and the GearCage®. After the termination of Cequent’s license in January of

2012, and any approved sell-off of Cequent’s inventory, U-Haul was never again licensed by



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LGA to sell the Silent Hitch Pin®, the VME Bike Rack,or the GearCage®, to copy any of LGA

manuals and sales materials, or to use LGA’s trademarks.

23. Through direct and email communications with LGA beginning in the year 2001,

Wyers gained knowledge of LGA’s SHP, and received actual product samples in 2001, to review

for licensing the technology from LGA or using LGA as a private label source for the SHP

product.

24. Nevertheless, on information and belief, from and after January 29, 2012, and the

sell-off of any remaining inventory, Defendant U-Haul has purchased, imported, distributed,

sold, offered to sell, licensed and/or obtained financial benefit from marketing and sale of the

infringing copies of LGA’s patented designs for Silent Hitch Pin®, the GearCage® and the Bike

Rack without the agreement or consent of LGA.

25. Defendant Wyers manufactures and sells the Wyers Accused Products which

unlawfully copy and infringe on LGA’s Silent Hitch Pin® patents, and which are inferior to and

“knock -off” the SHP products.

26. On information and belief, U-Haul has acquired from Cequent, after the

termination of Cequent’s license and after the sell-off of licensed inventory, the Accused

Products and falsely sold and promoted the Cequent Accused Products to be LGA’s Silent Hitch

Pin® using the “Silent Hitch Pin®”, “Gear Cage®” and “Moover ™” trademarks.

27.

These sales by Wyers and U-Haul occurred without attribution of true ownership

including by mislabeling or misrepresentation as to the nature of the product, and without

consent or authority from LGA to do so.



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28. Wyers has made, used, sold and/or offered for sale within the United States,

towing products, including the Wyers Accused Products that infringe at least claims 1, 2, 3 and 4

of the ‘725 Patent.

29. Wyers has made, used, sold and/or offered for sale within the United States,

towing products, including the Wyers Accused Products, that infringe at least claims 1, 2, 3 and

6 of the ‘550 Patent.

30. U-Haul has used, sold and/or offered for sale within the United States, towing

products, including the Cequent infringing SHP product that infringes at least claims 1, 2, 3 and

4 of the ‘725 Patent.

31. U-Haul has used, sold and/or offered for sale within the United States towing

products, including Cequent Accused Products. Cequent infringing SHP products infringe at

least claims 1, 2, 3 and 6 of the ‘550 Patent.

32. U-Haul has used, sold and/or offered for sale within the United States,

GearCage® towing products, including the Cequent infringing GearCage® product, that

infringes at least claims 1-8 of the ‘141 Patent.

33. U-Haul has used, sold and/or offered for sale within the United States, towing

products, including Cequent’s infringing Bike Rack products, that infringe at least claims 1-6 of

the ‘456 Patent and Design Patents D684,917, D717,716, D717,717 and D722,289.

34.

All Cequent infringing products are designated as “Cequent Infringing Products.”

35. U-Haul has also infringed the SHP Patents by reselling the Wyers Accused

Products knowing that Wyers is thereby infringing the SHP Patents.



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36. U-Haul marketed and sold the Cequent Infringing Products to the public,

representing them to be LGA’s SHPs, LGA’s GearCage® and LGA’s Bike Racks, including

using LGA’s trademark s, “Silent Hitch Pin®”, “GearCage®” and “Moover™.”

37. In or about September of 2014, U-Haul discontinued selling the infringing

Cequent Product SHPs and started selling the infringing Wyers Accused Products to the public

instead.

38. The marketing and product materials U-Haul provides to customers (shown in

Exhibit M), copies, distributes, displays, and makes derivative works of photos, line art, text and

content created and owned by LGA and subject to registered copyright (Exhibit K) and thereby

infringes LGA’s copyrighted works.

39. On information and belief, U-Haul has been and is now selling the infringing

Wyers and Cequent Infringing Products, and distributing copies of LGA’s copyrighted works

through various wholesale and retail outlets, including but not limited to U-Haul Moving and

Storage of Highlands Ranch, 1750 E. County Line Rd., Highlands Ranch, CO 80126. The

wholesale and retail outlets where the Wyers and Cequent Products are sold are located in

Colorado and elsewhere.

40. Upon information and belief, LGA’s copyright management information

contained on LGA’s copyrighted works was removed in order to further conceal the infringing

action. U-Haul knew or should have known of LGA’s rights and the fact that the copyright

management information had been altered. U-Haul’s sale and distribution of the infringing

products and copyright was in violation of 17 U.S.C. § 1202.



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41. U-Haul sells Cequent Infringing Products with Plaintiff LGA’s patent numbers

(See Exhibit N) and patent markings and otherwise represented that the Cequent Infringing

Products were genuine LGA SHP, GearCage® and Bike Rack products when U-Haul had no

such authority and acted with knowledge that U-Haul was marketing and selling infringing

products and counterfeit goods. The mis-marking and misrepresentation of the Cequent

Infringing Products without LGA’s authority or permission was an essential material element in

U-Haul’s marketing of these infringing products.

42.

By mis-marking and improperly marketing the Cequent Infringing Products, and

by misrepresenting that it had LGA’s authority to sell them and use LGA’s designs, trademarks

and patent numbers, U-Haul has unfairly competed with LGA, resulting in lost sales and sales

opportunities, and impaired LGA’s ability to gain market share and customers.

43. With knowledge of LGA’s intellectual property rights, Wyers has encouraged and

instructed purchasers of the Wyers Accused Products to sell, market and use them as

replacement Silent Hitch Pin®s, such that purchasers and users of the Wyers Accused Products

inevitably infringe the SHP Patents. Wyers has actively induced and contributed to the

infringement of the SHP Patents by the end users of the Wyers Accused Products by a history of

sales to U-Haul and Curt Manufacturing and others, for whom Wyers produced private label

knock-offs of the SHP.

44.

U-Haul has, or in conjunction with others, taken these actions while mismarking

and falsely misrepresenting their products as LGA’s SHP, GearCage® and Bike Racks, and have

misrepresented the facts of invention and ownership of the licensing patents to the SHP, Bike

Rack and/or GearCage® products sold to the public, knowing those facts were false.



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45. U-Haul and Wyers each acted with the intent to injure LGA and to unlawfully

profit from LGA’s innovations of the SHP, Bike Rack and/or GearCage®.

46. LGA has been harmed by Defendants’ trademark infringement and mislabeling

of the SHP, Bike Rack and GearCage® products that Defendants sold to the public, including

damage to LGA’s goodwill.

47. U-Haul and Wyers have, separately or together violated, and conspired with

others to violate, LGA’s intellectual property rights on more than two occasions.

48.

U-Haul and Wyers knew, should have known, or acted in reckless disregard of

LGA’s ownership to and rights in the patents for the SHP, Bike Rack and GearCage® products,

the trademarks and the copyrights of the works of authorship.

49. LGA has suffered damage flowing from the false representations, mismarking of

products, and infringements by Defendants’ conduct.

CAUSES OF ACTION AND CLAIMS FOR RELIEF

FIRST CLAIM FOR RELIEF

(Declaratory Judgment Against All Defendants)

50. LGA incorporates fully by reference all of the allegations contained in paragraphs

1 through 49, as set forth above.

51. Pursuant to F.R.C.P. 57 this Court has the power to declare the rights, status, and

legal relations of LGA and the Defendants with respect to the infringing and falsely labeled

SHPs and the wrongful sales thereof.

52. An actual existing and bona fide antagonistic assertion and denial of right and

actual justiciable controversy exists between LGA and the Defendants and each of them as to



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their legal relations with respect to the Accused Products and SHPs which can only be

determined by declaratory judgment.

53. By reason of the Defendants’ conduct as set forth in this Complaint, LGA seeks,

among other relief, the following declarations (“Declarations”):

a. Neither of the Defendants have the lawful right to distribute, re-label

and/or sell the SHPs or products identical or substantially similar thereto,

such as the Wyers Accused Products and/or the Cequent Products without

the express consent of LGA;

b. LGA has not consented to the sale, re-labeling or distribution of the

Wyers Accused Products or Cequent Products by either of the Defendants;

c. Defendants should each be enjoined and restrained from manufacturing,

advertising, re-labeling, distributing or selling the Wyers Accused

Products and/or the Cequent Infringing Products and from holding out in

any way a claim of ownership, right, or authority to manufacture or sell

the Wyers Accused Products and/or Cequent Infringing Products, without

the express prior consent of LGA;

d. The acts and omissions of Defendants or either of them with respect to the

Wyers Accused Products and/or Cequent Infringing Products were

conducted knowingly, willfully, and in bad faith;

e. LGA has been damaged and Defendants have each been unjustly enriched

by their misconduct.



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SECOND CLAIM FOR RELIEF

(Direct Infringement of Patents Against All Defendants)



55. Since at least January 29, 2012 and to the present, U-Haul has and continues to

willfully and knowingly purchase, use, distribute, license, sell and/or offer for sale products

which infringe LGA’s patents in SHP, GearCage® and the Bike Rack without right and in

violation of LGA’s rights therein.

56. Wyers, by its manufacture, sale, and offer for sale of its Anti-Rattle Receiver Pin

(ARRP), is willfully infringing LGA’s SHP Patents.

57. U-Haul is a reseller of the infringing Wyers Accused Products (ARRP) and knows

those products infringe LGA’s SHP Patents.

58. By way of U-Haul’s trademark infringement and use of SHP’s patent marking,

consumers have been confused by U-Haul’s sale of products and have called on LGA to provide

customer service or warranty work on those products. To protect its reputation, LGA has

provided these consumers with customer service and warranty work.

59. Defendants’ infringements are and at all times have been willful, deliberate, and

intentional and with full knowledge of LGA’s rights in the SHP Patents, the Bike Rack Patent

and/or the GearCage® Patent.

60. The acts alleged above will continue unless enjoined by this Court, and

Defendants have damaged LGA by reducing LGA’s sales, injuring LGA’s reputation and

deceiving the public, thus causing Plaintiff LGA irreparable harm, the extent of which is



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presently unknown. LGA has no adequate remedy at law and injunctive relief, both preliminary

and permanent, should be granted.

61. U-Haul for its infringement of the Bike Rack design patents should be required to

account to LGA for its profits from such infringements from and after January 29, 2012, or as the

date of issue of each design patent. LGA should also be awarded its damages for the utility

patent infringement as against each Defendant in an amount adequate to compensate for such

infringements, but in no event less than a reasonable royalty for the use made by Defendants as

provided by 35 U.S.C. § 284, together with reasonable attorneys’ fees pursuant to 35 U.S.C.

§ 285 and such other damages as may be allowable by law due to the exceptional nature of the

infringement.

THIRD CLAIM FOR RELIEF

(Inducement to Infringe the SHP Patents Against Defendant Wyers)



63. Defendant Wyers had actual knowledge of the SHP Patents.

64. Defendant Wyers sold Defendant U-Haul the infringing Wyers Accused Products

by producing private label knock-off supplies of the SHP product for U-Haul with actual

knowledge that the products infringed LGA SHP patents.

65.

Defendant Wyers knew that Defendant U-Haul and other users, as the purchaser

and user of the Wyers Accused Products, would by that use infringe the SHP Patents.

66. Defendant Wyers is liable to Plaintiff LGA for inducing the infringement of the

SHP Patents as provided by 35 U.S.C. §271(b).



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FOURTH CLAIM FOR RELIEF

(Trademark Infringement and Unfair Competition Against Defendant U-Haul)



68. LGA is owner of the LGA Trademarks identified as “GearCage®”,

“GearSpace®”, “GearDeck®,” “TwinTube®” and “Silent Hitch Pin®” both by way of common

law rights through direct use and licensed use, and by way of registration at the USPTO. LGA

also owns the common law trademark rights in Moover™.

69. The LGA’s rights in the Trademarks are valid and by way of secondary meaning

protectable.

70. On information and belief, U-Haul has, since January 29, 2012 or after the

authorized sell-off of licensed Cequent Products, infringed on LGA’s Trademarks and competed

unfairly in violation of the Colorado Consumer Protection Act 6-1-101 et seq. and Federal

Lanham Act 15 U.S.C. § 1125(a) by using and displaying them in commerce in multiple retail

outlets and on the internet, without the permission of LGA, in advertising and packaging for

products sold or supplied to others in violation of LGA’s rights in the LGA Trademarks, all to

the detriment and damage of LGA. Such representations by U-Haul are either false, misleading

or have a tendency to deceive consumers purchasing either product.

71.

U-Haul’s affirmative and material misrepresentations in commercial advertising

and promotion have been disseminated to its customers and potential customers, many, if not all,

of whom are also customers or potential customers of LGA, which is likely to cause confusion.

The marks are similar, if not identical.



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72. Customers have been actually confused and/or deceived by the false claims

published by U-Haul. LGA and U-Haul market the same products and use the same marketing

channels in Colorado. U-Haul’s advertising and promotion are likely to further deceive existing

and potential customers of the parties by implying a licensing relationship between the parties

and/or by implying deficiencies in LGA’s products that do not exist.

73. The actions of U-Haul have and are likely to continue to injure LGA by confusing

the public and by causing LGA to lose customers and sales, resulting in business losses in an

amount to be determined at trial and that are presently unknown to LGA, but that are believed to

be substantial and are accumulating on an ongoing basis. Because of U-Haul’s intentional and

willful infringement, LGA is entitled to recover U-Haul’s profits, LGA’s damages, including

trebled amount, prejudgment interest, and costs as provided by C.R.S. 6-1-113 and 15 U.S.C.

§ 1117 (a), (b) and (c). Further the facts support recovery of LGA’s attorneys’ fees as the

infringement is exceptional.

74. The actions of U-Haul have and will continue to cause LGA substantial harm.

LGA has a reasonable interest in its products, including GearCage® and Silent Hitch Pin® and

which interest has been harmed or is subject to harm from the affirmative misrepresentations of

U-Haul.

75. The damage to LGA’s reputation and goodwill is continuing. U-Haul has caused

and continues to cause irreparable harm to LGA for which LGA is entitled to preliminary and

permanent injunctive relief.



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FIFTH CLAIM FOR RELIEF

(Copyright Infringement Against Defendant U-Haul)



77. LGA possesses valid copyrights as evidenced by the registration. (Exhibit K)

78. On information and belief, U-Haul has willfully infringed on, misappropriated,

copied and distributed protectable elements of LGA’s copyrights, images and written manuals

developed by LGA for its GearCage® invention, with the intent to commercially exploit these

works to which U-Haul has no proprietary rights. U-Haul has published, distributed and used

LGA’s copyr ighted materials, without the permission of LGA, in advertising and packaging for

U-Haul’s products sold or supplied to others in violation of LGA’s rights, all to the detriment

and damage of LGA.

79. As an example of the use of Plaintiff’s copyrighted material we include Exhibit N

with a comparison of materials from Plaintiff and U-Haul’s sales and manual material.

80. By reason of these willful infringements of copyrights, LGA has sustained injury,

loss and damage to its ownership rights and Defendant U-Haul has unlawfully, unfairly and

wrongfully derived and will continue to derive income from these infringing acts.

81. For the infringements, LGA seeks its damages and U-Haul’s profits, or applicable

statutory damages as provided by 17 U.S.C. § 504 and cost and atto rneys’ fees under 17 U.S.C. §

505.



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SIXTH CLAIM FOR RELIEF

(Copyright Infringement Against Defendant U-Haul)



83. By removing LGA’s copyright management information from the LGA sales

materials and owner ’s manuals and replacing it with U-Haul’s, U-Haul infringed LGA’s

copyright under the Digital Millennium Copyright Act, 17 U.S.C. § 1202(a) and (b).

84.

LGA is entitled to damages or statutory damages pursuant to 17 U.S.C. § 1203

and attorneys’ fees.

SEVENTH CLAIM FOR RELIEF

(Passing Off Against Defendant U-Haul)



86. The Cequent Products (knock-offs of the Silent Hitch Pin® and GearCage®) that

have been marketed, licensed and sold by U-Haul, were obtained by U-Haul from Cequent.

87. U-Haul falsely designated and misrepresented the origin of the Accused Products

it sold to the public and represented them to the public as LGA being the origin of those products

by the use of LGA’s trademarks.

88. U-Haul’s false designation of the origin of its products was likely to cause and has

caused customer confusion.

89. LGA has been harmed by U-Haul’s false designation of the origin of the Accused

Products sold to the public, including but not limited to damage to LGA’s goodwill from U-



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Haul’s sale of defective or inferior products identical to or intended to resemble LGA’s SHP and

GearCage® products.

EIGHTH CLAIM FOR RELIEF

(Patent Mismarking)



91. U-Haul has distributed and published information with their infringing products

that falsely claims that their infringing products are sold and offered for sale with the

authorization of LGA by the inclusion of LGA’s patent numbers.

92. U-Haul knew that as of the termination of Cequent’s licensing with LGA,

Cequent was no longer licensed to manufacture, sell or offer for sale the SHP or any other LGA

product.

93. U-Haul by continuing to sell and offer for sale the SHP product, with LGA’s

patent numbers listed, was misleading consumers.

94. U-Haul’s actions have caused LGA damage and lost sales due to said

misrepresentation.

95. As provided by 35 U.S.C. § 292, U-Haul is liable for said mismarking for each

product sold with the false patent numbers.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Let’s Go Aero, Inc. requests that the Court:

a. issue an Order containing the Declarations set forth above;



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b. award LGA compensatory and multiplied damages against Defendants

jointly and severally, for amounts to be proven at trial, to the fullest extent

provided by law;

c. statutory damages where permitted for copyright infringement;

d. order Defendants to account for all sales, purchases, revenues and profits

derived from its or their improper use and sale of LGA’s SHPs,

GearCage® and Bike Rack and to disgorge the profits forthwith or,

alternatively, for judgment in the amount of at least a reasonable royalty;

e. award LGA its reasonable attorneys’ fees and costs to the fullest extent

provided by law and equity and for such other and further relief as the

nature of the case may require;

f. issue preliminary and permanent injunctions enjoining each of the

Defendants and their affiliated officers, directors, representatives,

successors and assigns and all those in active concert or active

participation with either of them:

i. from advertising or selling the SHPs; and,

ii. from aiding, abetting or inducing in any way the sale thereof by

others without LGA’s consent;

f.

order each of the Defendants to undertake a corrective advertising

campaign to rectify the confusion, deception, or misrepresentations caused

by their illegal actions; and,

g. grant such other and further relief as the nature of the case may require.



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PLAINTIFF REQUESTS TRIAL BY JURY ON ALL CLAIMS SO TRIABLE

Dated: February 19, 2016.

Respectfully submitted,

SILVER & DeBOSKEY,

A Professional Corporation

By: /s/Martin D. Beier

Thomas M. Haskins III (#17651)

Martin D. Beier (#20188)Silver & DeBoskey P.C.

1801 York Street

Denver, CO 80206(303) 399-3000

[email protected]

[email protected]

J. Mark Smith (#973)

BERG HILL GREENLEAF R USCITTI LLP

1525 17th

StreetDenver, CO 80202

(303) 402-1600

[email protected]

ATTORNEYS FOR PLAINTIFF

FK0861


mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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Case 1:16-cv-00410 Document 1-1 Filed 02/19/16 USDC Colorado Page 1 of 6

Exhibit A


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Exhibit B


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Exhibit C


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Exhibit E


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Exhibit F


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Exhibit G


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Exhibit H


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Exhibit I


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Exhibit J


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Exhibit K


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Operation Tips:

• Keep this manual for future reference.

• Recommended for use with the GearCage™ SP Cargo Rack.

If this product was purchased from a dealer, all documentation MUST be furnished to the customer.

Part One Safe Use and Operation Page 2

Part Two Parts Identification Page 3

Part Three Assembly and Installation Page 4

GEARC AGE™ R AMP ACCESSORY ACC 3050, ACCESSORY R AMP FOR GEARC AGE™ C ARGO R ACK

User Assembly and Operation Manual

© Copyright 2006 Let’s Go Aero, Inc.


Exhibit L


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– 2 –

GEARC AGE™ R AMP ACCESSORY

GCRamp vC

S AFE U SE & O PERATION Be sure to follow these guidelines to prevent possible hazards from misuse.

• When operating the vehicle, the ramp must be either removed, secured in the upright position, or positioned tolay flat on the GearCage™ SP Cargo Rack.

• Always secure the hinge bolts with locking nuts that are furnished with the Ramp Accessory so that at least two(2) threads protrude through the nut’s nylon insert. Failure to do so may result in loss of ramp from carrier in

transit, property damage and bodily injury.

We warrant this product to the first consumer to be free from defect in material and workmanship for one year (Please retain your sales slip for your records)Any product or part thereof found to be defective within that period will be replaced without charge provided that: (1) the product was not misused; (2) noalterations or modifications were made; (3) its failure resulted from a defect in material or workmanship and not from normal wear expected in the use ofthe product; (4) the product or part is delivered, freight prepaid, to Let’s Go Aero. Please contact Let’s Go Aero, toll free, at 877-464-2376 to get a returnauthorization number prior to return. Manufacturers only obligation shall be to replace such products or parts proved to be defective.

U.S. And International Patent Numbers: 6,409,203; 6,609,725; 6,945,550;6,910,609; Patents Pending



109/120

– 3 –


GCRamp vC

P ARTS I DENTIFICATION

Parts ListItem Description Quantity

Tools Needed7/16" Wrench

7/16" Socket

If you are missing any items, contact your sales agent if the

product was assembled by them.If not, or if purchased from Let’s Go Aero, please contact us

at 1-877-GO-4-AERO (464-2376).

A Base Panels 3

B Side Tubes 2C Cross Tubes 4

D 3/4" x 1/4" Bolts 4E 1-3/4" x 1/4" Bolts 8F 1-1/4" x 1/4" Bolts 8

G 3/4" x 1/4" Washers 32H 1/4" Nyloc Nuts 13

I Ramp Stop Bracket Assembly 1J Ramp Stop Lever 1K Hinges 2

L 3" x 1/4" Bolts 2M Lynch Pin 1

N Pin Clip 1O End Caps 6

P 1/4" x 20 Split Ring Lock Washers 8

Q Seal Gaskets 8 A

A

K

L

FG

G

G

G

P

D

H

H

H

I

J

CO

Q

M

N

B

E

A



110/120

– 4 –


GCRamp vC

1

2

3. Orient the outside Base Panels (A) to the Ramp TubeAssembly. Place the Hinges (K) over the end holes

in the outside Base Panels (A) nearest the Lynch Pinhole. Install eight (8) 1-1/4" x 1/4" Bolts (F) with 3/4" x

1/4" Washers (G) to secure the outside Base Panels(A) and Hinges (K) to the Ramp Tube Assembly. Donot tighten these bolts completely at this time.

3

4. Place the center Base Panel (A) between the two (2)outside panels. Use a 3/4" x 1/4" Bolt (D), two (2) 3/4"x 1/4" Washers (G) and a 1/4" Nyloc Nut (H) at each of

the four (4) locations to secure this panel to the outsidepanels.

Firmly tighten all hardware.

4

G EAR C AGE ™ R AMP ASSEMBLY

1. Place the Cross Tubes (C) between the Side Tubes(B) so that the ends of the Cross Tubes (C) line upwith the holes in the Side Tubes (B). Insert a Seal

Gasket (Q) into each end of each Cross Tube (C).Install a 1-3/4" x 1/4" Bolt (E) with a 3/4" x 1/4" Washer

(G) and 1/4" x 20 Split Ring Lock Washers (P) throughthe Side Tube (B) and into the pin nuts in the end ofeach Cross Tube (C).

Securely tighten all hardware.

2. Use a 1/4" Nyloc Nut (H) and a 3/4" x 1/4" Washer (G)to install the Lynch Pin (M) in the 3/8" hole in the SideTube (B). Secure the pin with the Pin Clip (N).

5

Side Tube (B)

Cross Tube (C)

3/4" x 1/4"

Washer (G)

1-3/4" x 1/4"

Bolt (E)

Lynch Pin (M)

1/4" x 20 Split RingLock Washer (P)

Pin Clip (N)

Lynch PinHole

Outside Base

Panels (A)

Hinges (K)

1-1/4" x 1/4"Bolt (F)

3/4" x 1/4"Washer (G)

5. Insert the Plastic End Caps (O) in the ends of the SideTubes (B).

Center Panel (A)

3/4" x 1/4" Bolts (D) with3/4" x 1/4" Washers (G)

3/4" x 1/4" Washers (G)with 1/4" Nyloc Nuts (H)

Plastic End Caps (O)


SealGaskets (Q)

1/4" Nyloc Nut(H) and 3/4" x1/4" Washer (G)



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– 5 –


GCRamp vC

8. Place the hole in the rounded end of the Ramp StopLever (J) over the hole in the vertical side of thebracket and secure it in place with the hardware from

the Ramp Stop Bracket Assembly (I).

Use the Pin Clip (N) to secure the other end of the

Ramp Stop Lever to the Lynch Pin (M) installed in

Step 2.

I NSTALL R AMP ON G EAR C AGE ™

C ARGO R ACK

When installing the 3" x 1/4" Bolts (L) with 1/4" NylocNuts (H), always make sure that at least two (2) threads

protrude through the nut. Failure to do so may cause theRamp to separate from the carrier in transit, resulting in

property damage, and bodily injury.

WARNING

6

6. Remove the tube on the passenger side of theGearCage™. Remove the bolts that mount theoutside panels on the GearCage to the U-Tube. Install

a 3" x 1/4" Bolt (L), two (2) 3/4" x 1/4" Washers (G)

and a 1/4" Nyloc Nut (H) through each Ramp Hinge tosecure the Ramp to the GearCage™.

7. Remove the bolt that secures the second Side Railfrom the end of the GearCage™. Place the bracket

from the Ramp Stop Bracket Assembly (I) over thehole and reinstall the bolt.

7

8

RampAssembly

GearCage™Cargo Rack

3/4" x 1/4"Washers (G)

3" x 1/4" Bolts(L)

3/4" x 1/4"Washer (G)

1/4" NylocNut (H)

Ramp StopBracket

Ramp StopLever

Pin Clip

Ramp Stop BracketAssembly Hardware

When operating the vehicle, the ramp must be either

removed, secured in the upright position as shown, orpositioned to lay flat on the GearCage™ Cargo Rack.

WARNING



112/120

Cequent Performance Products

47774 Anchor Court WestPlymouth, MI 48170

Technical Service: (888) 521-0510 5800300N 11-5-09 Rev

5800300

GearCage™ Ramp

Printed in China

ITEM:

DESCRIPTION:

User Assembly and Operat ion Manual

Part One

Safe Use and Operation Page 1

Part Two

Parts Identification Page 2

Part Three

Assembly and Installation Page 3

Operation Tips:

• Keep this manual for future reference.

• Recommended for use with the GearCage™ SP Cargo Rack.

I f th is product w as purchased from a dealer , al l documentat ion MUST be furnished to the customer.

Safe Use & Operat ion Be sure to follow these guidelines to prevent possible hazards from misuse.

• When operating the vehicle, the ramp must be either removed, secured in the upright position, or

positioned to lay flat on the GearCage™ SP Cargo Rack.

• Always secure the hinge bolts with locking nuts that are furnished with the Ramp Accessory so that at

least two (2) threads protrude through the nut’s nylon insert. Failure to do so may result in loss of ramp

from carrier in transit, property damage and bodily injury.

We warrant this product to the first consumer to be free from defect in material and workmanship for one year (Please retain your sales

slip for your records). Any product or part thereof found to be defective within that period will be replaced without charge provided that:

(1) the product was not misused; (2) no alterations or modifications were made; (3) its failure resulted from a defect in material or

workmanship and not from normal wear expected in the use of the product; (4) the product or part is delivered, freight prepaid, to

Cequent Performance Products Inc. Please contact Cequent Performance Products Inc., toll free, at 888-521-0510 to get a return

authorization number prior to return. Manufacturers only obligation shall be to replace such products or parts proved to be defective.

U.S. And International Patent Numbers: 6,409,203; 6,609,725; 6,945,550;6,910,609; Patents Pending

Page 1 of 4

Exhibit M


113/120




5800300

GearCage™ Ramp

Parts List

Item Descr ip t ion Quant i ty

A Base Panels 3

B Side Tubes 2

C Cross Tubes 4

D 1/4" x 3/4" Bolts 5

E 1/4" x 2" Bolts 8

F 1/4" x 1-1/2" Bolts 8

G 1/4" Washers 31

H 1/4" Nyloc Nuts 16

I Ramp Stop Bracket Assembly 1

J Ramp Stop Lever 1

K Hinges 2

L 1/4" x 2-1/2" Bolts 2

M Lynch Pin 1

N Pin Clip 1

O End Caps 4

P 1/4" Split Ring Lock Washers 8

Q Seal Gaskets 8

If you are missing any items, contact your

sales agent if the product was assembled by

them. If not, or if purchased from Cequent

Performance Products Inc., please contact us

at 1-888-521-0510 .

Tools Needed

7/16" Wrench

7/16" Socket

Page 2 of 4


114/120




5800300

GearCage™ Ramp

GearCage™ Ramp Assemb ly 1 . Place the Cross Tubes (C) between the Side Tubes (B)

so that the ends of the Cross Tubes (C) line up with the

holes in the Side Tubes (B). Insert a Seal Gasket (Q) into

each end of each Cross Tube (C).Install a 1/4" x 2" Bolt (E) with a 1/4" Washer (G) and 1/4"

Split Ring Lock Washers (P) through the Side Tube (B) and

into the pin nuts in the end of each Cross Tube (C).

Securely tighten all hardware.

Cross Tube (C)Side Tube (B)

Seal

Gaskets (Q)

¼” Flat washer (G)

¼” Lock washer (P)

¼” x 2” long bolt (E)

4. Place the center Base Panel (A) between the two (2)

outside panels. Use a 1/4" x 3/4" Bolt (D), two (2) 1/4"

Flat Washers (G) and a 1/4" Nyloc Nut (H) at each of the

four (4) locations to secure this panel to the outside

panels.Firmly tighten all hardware.

2. Use a 1/4" Nyloc Nut (H) and a 1/4" Washer (G) to install

the Lynch Pin (M) in the 3/8" hole in the Side Tube (B).

Secure the pin with the Pin Clip (N).

¼” Nyloc Nut (H)

¼” Flat washer (G)

Lynch

Pin (M)

Pin Clip (N)

¼” x ¾” Long Bolts (D)

¼” Flat washers (G)

Center Panel (A)


¼” Nyloc Nuts (H)

3. Orient the outside Base Panels (A) to the Ramp Tube

Assembly. Place the Hinges (K) over the end holes in the

outside Base Panels (A) nearest the Lynch Pin hole. Install

eight (8) 1-1/2" x 1/4" Bolts (F) with 1/4“ Washers (G) to

secure the outside Base Panels (A) and Hinges (K) to the

Ramp Tube Assembly. Do not tighten these bolts completely

at this time.

5. Insert the Plastic End Caps (O) in the ends of the Side

Tubes (B).

Lynch Pin

Hole

¼” Flat washer (G)¼” x 1-1/2”

Long Bolts (F)

Hinges (K)

Outside Base

Panels (A)



Page 3 of 4


115/120




5800300

GearCage™ Ramp

Ins ta ll Ramp On GearCage™ Cargo Rack

6. Remove the tube on the passenger side of the

GearCage™. Remove the bolts that mount the outsidepanels on the GearCage to the U-Tube. Install a 1/4” x 2-

1/2" Bolt (L), two (2) 1/4" Washers (G) and a 1/4" Nyloc Nut

(H) through each Ramp Hinge to secure the Ramp to the

GearCage™.

W RNING

When installing the 1/4” x 2-1/2" Bolts (L) with 1/4"

Nyloc Nuts (H), always make sure that at least two (2)

threads protrude through the nut. Failure to do so may

cause the Ramp to separate from the carrier in transit,

resulting in property damage, and bodily injury.


¼” x 2-1/2” Long Bolts (L)

GearCage ™ Cargo Rack

Ramp

Assembly

¼” Nyloc Nuts (H)


7. Remove the bolt that secures the second Side Rail from

the end of the GearCage™. Place the bracket from the

Ramp Stop Bracket Assembly (I) over the hole and reinstall

the bolt.

W RNING

When operating the vehicle, the ramp must be either

removed, secured in the upright position as shown, orpositioned to lay flat on the GearCage™ Cargo Rack.

8. Place the hole in the rounded end of the Ramp Stop

Lever (J) over the hole in the vertical side of the bracket

and secure it in place with the hardware from the Ramp

Stop Bracket Assembly (I).

Use the Pin Clip (N) to secure the other end of the

Ramp Stop Lever to the Lynch Pin (M) installed in

Step 2.

Ramp Stop Bracket

Assembly Hardware

Pin Clip

Ramp Stop

Lever

Page 4 of 4


116/120


Exhibit N


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118/120

AO 440 (Rev. 12/09) Summons in a Civil Action

U NITED STATES DISTRICT COURTfor the

__________ District of __________

)

))

)

)

)

)

Plaintiff

v. Civil Action No.

Defendant

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.

P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of

the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,

whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.

You also must file your answer or motion with the court.

CLERK OF COURT

Date:Signature of Clerk or Deputy Clerk


District of Colorado

LET'S GO AERO, INC. a Colorado corporation,

U-HAUL INTERNATIONAL, INC. a Nevadacorporation

U-Haul International, Inc.

Martin D. Beier, Esq.Thomas M. Haskins, Esq.Silver & DeBoskey P.C.1801 York StreetDenver, CO 80206


119/120

AO 440 (Rev. 12/09) Summons in a Civil Action

U NITED STATES DISTRICT COURTfor the

__________ District of __________

)

))

)

)

)

)

Plaintiff

v. Civil Action No.

Defendant

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.

P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of

the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,

whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.

You also must file your answer or motion with the court.

CLERK OF COURT

Date:Signature of Clerk or Deputy Clerk


District of Colorado

LET'S GO AERO, INC. a Colorado corporation,

WYERS PRODUCTS GROUP, INC., a Coloradocorporation d/b/a TRIMAX

Wyers Products Group, Inc. d/b/a TRIMAX

Martin D. Beier, Esq.Thomas M. Haskins, Esq.Silver & DeBoskey P.C.1801 York StreetDenver, CO 80206


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let's go aero v. u-haul - complaint

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