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Case 8:17-cv-00263 Document 3 Filed 02/15/17 Page 1 of 20 Page ID #:6

1 Leslie Williams (SBN: 91932)


lwilliams@wkbllp.com
2 Lisbeth Bosshart Merrill (SBN 201822)
3 lmerrill@wkbllp.com
Edward Chen (SBN 312553)
4 echen@wkbllp.com
5 WILSON KEADJIAN BROWNDORF, LLP
1900 Main Street, Suite 600
6
Irvine, CA 92614
7 Tel: (888) 690-5557
8 Fax: (949) 234-6254
9 Attorneys for Plaintiff
10 UNITED STATES DISTRICT COURT
11 FOR THE CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION
12 ORZ, GmbH & Co. KG, a COMPLAINT FOR:
13 German Corporation, 1. TRADEMARK INFRINGEMENT
IN VIOLATION OF THE
14 Plaintiff, LANHAM ACT (15 U.S.C.
1114)(1)(a)
15 v.
16 2. COMMON LAW TRADEMARK
Erich Thaler, an individual; and INFRINGEMENT
17 Thaler Design Corporation, a 3. FALSE DESIGNATION OF
18 Nevada corporation, ORIGIN IN VIOLATION OF THE
LANHAM ACT (15 U.S.C.
19 Defendants. 1125(a))
20 4. UNFAIR COMPETITION UNDER
CALIFORNIA LAW (Cal. Bus. &
21 Prof. Code 17200)
22 5. COMMON LAW UNFAIR
COMPETITION
23
6. DESIGN PATENT
24 INFRINGEMENT (35 U.S.C. 271)
25 7. DECLARATORY RELIEF (Fed.
26 R. Civ. P. 57 and 28 U.S.C. 2201
and 2202)
27
DEMAND FOR JURY TRIAL
28

Wilson Keadjian
Browndorf LLP
Attorneys at Law
Irvine, CA
-1 -
COMPLAINT
Case 8:17-cv-00263 Document 3 Filed 02/15/17 Page 2 of 20 Page ID #:7

1 INTRODUCTION
2 1. Plaintiff ORZ, GmbH & Co. KG (Plaintiff or ORZ) brings this action to
3 stop the acts of Defendants Erich Thaler (Thaler) and Thaler Design Corporation
4 (TDC, collectively referred to as Defendants) from acts of design patent and
5 trademark infringement and unfair competition by passing off Plaintiffs business as
6 Defendants business, particularly with regard to Plaintiffs tuning and body kit,
7 comprising of a new front part for Chryslers JK Wrangler Jeep. Plaintiffs tuning and
8 body kit gives the Jeep a retro, 1960s look, and Plaintiff designed it and has shown it to
9 prospective buyers as the M7 Kit or the Bawarrion M 7 JK Front Kit (M7 Kit).
10 2. In addition to injunctive relief for Defendants infringement of the M7 Kit,
11 Plaintiff seeks relief from Defendants infringement of two trademarks, Bawarrion and
12 Bawarrion M 7 (collectively referred to as the Bawarrion Marks). Plaintiff also seeks
13 injunctive relief for Defendants offering of the M7 Kit for sale or any product that is the
14 same or similar to the M7 Kit marketed by Plaintiff, and Defendants use of the
15 Bawarrion Marks.
16 3. For over twenty years, ORZ has been in the business of designing,
17 producing and selling tuning kits and other accessories for the Chrysler Jeep. The name
18 ORZ stands for exclusive, aesthetically and technically high quality products for Jeep.
19 ORZs reputation in this regard is well known in Germany, throughout Europe and is
20 increasing in the United States.
21 4. Plaintiffs managing director is the creator of the design of the M7 Kit,
22 which is comprised of a distinctiveengine hood, grill, inner and outer fenders.Since late
23 2015, the designs of Plaintiffs M7 Kit included sketches, drawings, and specific
24 technical details of the front part to outfit the JK Wrangler Jeep.
25 5. Plaintiff commissioned Defendants to develop the M7 design into a working
26 prototype, but did not authorize Defendants to produce, distribute or offer the M7 Kit for
27 sale alone or under the Bawarrion Marks. Instead of developing a working prototype of
28 ///

Wilson Keadjian
Browndorf LLP
Attorneys at Law
Irvine, CA
-2 -
COMPLAINT
Case 8:17-cv-00263 Document 3 Filed 02/15/17 Page 3 of 20 Page ID #:8

1 the M7 Kit, Defendants disregarded the terms of the engagement and have repeatedly
2 infringed upon Plaintiffs rights.
3 JURISDICTION AND VENUE
4 6. This is a civil action for trademark infringement, design patent infringement,
5 false designation of origin and unfair competition in violation of 15 U.S.C. 1114(1)(a),
6 1125(a), California Business and Professions Code 17200, 35 U.S.C. 271 and common
7 law.
8 7. This Court has jurisdiction over Plaintiffs federal claims pursuant to 15
9 U.S.C. 1121 and 28 U.S.C. 1331 and 1338(a). This Court has jurisdiction over
10 Plaintiffs related unfair competition claims based on state law pursuant to 28 U.S.C.
11 1338(b) and 1367.
12 8. Advertising through Thaler Designs website is shown and viewed in
13 California and elsewhere in the United States. Such advertising incorporates photos of
14 ORZs JK Wrangler Jeep outfitted with the M7 Kit and showing Plaintiffs Bawarrion
15 Marks.
16 9. Venue is proper in this district pursuant to 28 U.S.C 1391 (b) and (c)
17 because Defendants are subject to personal jurisdiction within this judicial district and
18 because a substantial part of the events giving rise to these claims occurred in this judicial
19 district.
20 10. At all times during the course of dealing with Defendants, Plaintiff and its
21 Managing Director or employees have dealt with Defendant Thaler who, upon
22 information and belief,lives in San Bernardino County, California and Defendant Thaler
23 Design Corporation which upon information and belief, is based in and has its primary
24 place of business in San Bernardino County, California.
25 THE PARTIES
26 11. Plaintiff is a German corporation, having its principal place of business at
27 Carl von Linde Strae 10, Unterschleiheim, Germany 85716.
28 ///

Wilson Keadjian
Browndorf LLP
Attorneys at Law
Irvine, CA
-3 -
COMPLAINT
Case 8:17-cv-00263 Document 3 Filed 02/15/17 Page 4 of 20 Page ID #:9

1 12. Plaintiff alleges upon information and belief, Defendant Erich Thaler is an
2 individual, residing at 7110 Luane Trail, Colton, 92324 in San Bernardino County,
3 California.
4 13. Plaintiff alleges upon information and belief, Defendant Thaler Design
5 Corporation is a Nevada corporation, having its principal place of business in San
6 Bernardino County at 7110 Luane Trail, Colton, 92324, in San Bernardino County,
7 California.
8 14. Plaintiff alleges upon information and belief that Defendants are engaged in
9 the business of developing designs for other manufacturers in the automotive industry,
10 but not for Chrysler Jeep, nor have Defendants, prior to contact with Plaintiff, done
11 development work for the Chrysler Jeep.
12 FACTUAL ALLEGATIONS
13 15. Following registration of Plaintiffs industrial designs that cover the engine
14 hood, grill and fendersof the M7 Kitwith the European Union Intellectual Property Office
15 (EUIPO), Plaintiff filed for extension of protection of said M7 Kit designs to the United
16 States through the Hague International Design System, and filed its World Intellectual
17 Property Organization (WIPO) application # 56116 (hereafter WIPO 56116
18 Application), which is now pending review before the USPTO.(Exhibit A).
19 16. To date, there is no evidence of any priority claimed by any third party,
20 including Defendants, for design protection in the United States or other jurisdiction.
21 Following publication by the Hague, which will occur shortly,Plaintiff will engage with
22 local U.S. counsel to address any issues, if at all, for the examination of the WIPO 56116
23 Application before the USPTO.
24 17. Plaintiff has registered trademark rights in Germany for the Bawarrion
25 trademark and the Bawarrion M 7 trademark(Exhibit B)
26 18. Plaintiff has filed to extend protection of the Bawarrion trademark to the
27 U.S. under serial #87062349. (Exhibit C)
28 ///

Wilson Keadjian
Browndorf LLP
Attorneys at Law
Irvine, CA
-4 -
COMPLAINT
Case 8:17-cv-00263 Document 3 Filed 02/15/17 Page 5 of 20 Page ID #:10

1 19. The Bawarrion trademark application was approved for publication by the
2 US trademark examiner and will be published on February 21, 2017.
3 20. Plaintiff filed for protection of Bawarrion M 7 markdirectly with the
4 USPTO. The applied for Bawarrion M 7 mark is pending before the USPTOdirectly
5 under serial number by #87291873. There are no other prior rights in the applied for
6 mark. (Exhibit D)
7 21. Plaintiff has advertised and marketed its products using the Bawarrion and
8 Bawarrion M 7 marks in the U.S., pending registration by the USPTO, and has acquired
9 unregistered rights based on use.
10 22. In or around June of 2016, Plaintiff filed for industrial design protection with
11 regard to the designs of the M7 Kit, which is comprised of the engine hood, grill and
12 fenders in the European Union.
13 23. On September 9, 2016, EUIPO registrations issued for two of the M7 Kit
14 designs, namely #s 003367705-002 and -003. (Exhibit E).
15 24. Thereafter, two further EUIPO designs registered on October 11, 2016 #s
16 003415025-0001 and -0002 (Exhibit F)
17 25. These registrations cover the same subject matter as that applied for in
18 Plaintiffs WIPO 56116 Application, namely fenders for vehicles, engines for vehicles
19 and front part for vehicle in class-subclass 12-16, and embody the M7 Kit designs.
20 26. The WIPO 56116 Application designates the U.S. for extension of
21 protection, with a priority date of October 11, 2016. As soon as the Hague publication of
22 the same is issued, Plaintiff will engage local U.S. counsel to address any issues, if at all,
23 for the examination of the WIPO 56116 Application before the USPTO.
24 27. Beginning from early 2016, Plaintiff commissioned Defendants to develop a
25 working prototype from designs of the M7 Kit. On this basis, Plaintiff provided
26 Defendants with access to the designs, treating Defendants at all times as a commissioned
27 party to develop a working model, free of defects.Plaintiff further agreed to pay
28 ///

Wilson Keadjian
Browndorf LLP
Attorneys at Law
Irvine, CA
-5 -
COMPLAINT
Case 8:17-cv-00263 Document 3 Filed 02/15/17 Page 6 of 20 Page ID #:11

1 Defendants for said development work, following Defendants proof of functionality and
2 delivery of the forms and other materials embodying the development of the design.
3 28. Writings between Plaintiff, Defendant Thaler and Thaler Design, LLC, a
4 California limited liability company which existed prior to the formation of Defendant
5 Thaler Design Corporation, show that Plaintiff engaged Defendants to develop its M7 Kit
6 designs and produce a working prototype.Defendants were aware of the Bawarrion Marks
7 and M7 design, as Defendants were on actual notice at the latest around May 23, 2016,
8 the date that Plaintiff and Defendant Thaler entered into a non-disclosure agreement
9 regarding Plaintiffs Bawarrion Marks and M7 Kit designs.(Exhibit G)
10 29. In or around June of 2016, Plaintiff paid $24,220.00 to Defendants for the
11 development work achieved to date and for molds which Defendants wanted a third party
12 manufacturer located in Riverside County, Predator Molded Products (Predator), to
13 produce.
14 30. In or around September of 2016, Plaintiff asked Defendants to deliver the
15 computer-aided designs (CAD) in order to obtain quotes for production of the M7 Kits.
16 However,for reasons unrelated to the transaction between the parties, Defendants wanted
17 to have the M7 Kits produced by Predator.
18 31. Ultimately and in order to ensure a product that could be demonstrated at the
19 Specialty Equipment Market Associations (SEMA) show in November 2016, Plaintiff
20 agreed with Defendants to a detailed written agreement of the development work, proof
21 of functionality, and payment schedule. This agreement was signed by both parties on
22 November 4, 2016 (Cooperation Agreement). (Exhibit H)
23 32. The Cooperation Agreement covers work by Defendants prior thereto for
24 which Plaintiff made payment of $24,220.00 on June 3, 2016, but for which Plaintiff did
25 not receive CAD designs, materials or other tangible proof of the development work
26 performed by Defendants at that time. (Exhibit I)
27 33. During the SEMA show from November 1-4, 2016, the M 7 demonstration
28 vehicle of Plaintiff showing decorative aspects of the M7 Kit was displayed and received

Wilson Keadjian
Browndorf LLP
Attorneys at Law
Irvine, CA
-6 -
COMPLAINT
Case 8:17-cv-00263 Document 3 Filed 02/15/17 Page 7 of 20 Page ID #:12

1 much attention and customer interest. On November 7, Plaintiff left its demonstration
2 vehicle, showing the, at the facility of Predator for Defendants to continue the work of
3 perfecting the functionality of the M 7 demonstration vehicle.
4 34. On November 9, Plaintiffs representative returned to take possession of the
5 demonstration vehicle, but was barred from accessing it. Plaintiffs representative saw
6 that the demonstration vehicle had been stripped of the doors and parts for the M7 Kit.
7 Plaintiffs representative was able to retrieve the demonstration vehicle about one week
8 later, but retrieved it in a damaged and stripped state. After learning of the missing items,
9 Plaintiff made repeated requests for Defendants to return the missing items. To date,
10 neither the decorative aspects of the demonstration vehicle, nor the original doors or other
11 parts of the M7 Kit have been returned to Plaintiff.
12 35. At the time of leaving the demonstration vehicle for Defendants to work on
13 the technical aspects, Plaintiff and Defendants agreed to a meeting on November 27 in
14 Riverside, in order for Plaintiff to inspect the completed development of the M7 Kit
15 prototype for functionality and delivery of all materials containing the development work
16 product, including moulds, CAD designs and related materials. Instead, Defendants
17 stalled on performance, refused to provide any materials or forms that embodied the
18 prototype of the M7 Kit, canceled the meeting scheduled for November 27, 2016 and
19 have since not responded positively to requests by Plaintiff to complete performance.
20 36. Defendants have advertised the M 7 Kit on their website,
21 www.actioncamper.com,displaying numerous photos of Plaintiffs model Jeep showing
22 the M7 Kit, taken during the SEMA show, and showing Plaintiffs demonstration vehicle
23 of the M7 Kit and bearing Plaintiffs Bawarrion Marks. (Exhibit J)
24 37. On information and belief, Plaintiff believes that Defendants have
25 approached,or will approach, Plaintiffs potential customers in order to produce and sell
26 the M7 Kit directly to such customers, depriving Plaintiff of its exclusive rights of
27 production and distribution of its M7 Kit.
28 ///

Wilson Keadjian
Browndorf LLP
Attorneys at Law
Irvine, CA
-7 -
COMPLAINT
Case 8:17-cv-00263 Document 3 Filed 02/15/17 Page 8 of 20 Page ID #:13

1 38. Defendants have advertised the M7 Kit on their website, showing digitally
2 edited photos of the demonstration vehicle without the Bawarrion mark and in a different
3 color than the original red color. (Exhibit K)
4 39. Plaintiffs numerous attempts to reach a settlement in the differences
5 between the parties with Defendants and Defendants counsel have failed due to a lack of
6 response or a delayed response from Defendants. Absent performance by Defendants
7 delivery of the M7 Kit prototype, Plaintiff is left with no option but to engage a third
8 party design developer to undertake the development work. Defendants lack of
9 performance also has the consequence of delaying Plaintiffs ability to meet the growing
10 customer demand for the M7 Kit.
11 40. In order to protect its exclusive rights to produce and market the M7 Kit,
12 Plaintiff is compelled to bring this complaint for injunctive relief against Defendants
13 continued infringement of its rights of ownership, exclusive production and sale of the
14 M7 Kit,and exclusive ownership and use of the Bawarrion Marks.
15 41. Plaintiff also seeks injunctive relief in order to protect itself from harm
16 resulting from Defendants acts which have already caused, and will continue to cause
17 confusion among Plaintiffs existing and potential customers of the M7 Kit. Plaintiff also
18 seeks injunctive relief to further prevent confusion regarding the origin of the M7 Kit, as
19 identified by the Plaintiffs Bawarrion Marks.
20 42. Defendants are using the Bawarrion Marks without Plaintiffs authorization
21 and causing confusion between Plaintiffs business and that of Defendants. Defendants
22 are also using the description M7 to market Plaintiffs M7 Kit, and causing damage to
23 Plaintiffs rights to produce and sell the M7 Kit in the United States.Defendants use of
24 the M7 Kit and use of the Bawarrion Marksare deliberate, unauthorized and unlawful
25 uses of Plaintiffs design and trademark rights to the M7 Kit, and the Bawarrion Marks.
26 43. The totality of Defendants actions result in passing off Plaintiffs business
27 as Defendantsown, which further violates California unfair competition laws.
28 ///

Wilson Keadjian
Browndorf LLP
Attorneys at Law
Irvine, CA
-8 -
COMPLAINT
Case 8:17-cv-00263 Document 3 Filed 02/15/17 Page 9 of 20 Page ID #:14

1 44. There is no remedy available to Plaintiff that will curtail current and future
2 unfair competition conduct by Defendants and protect against their unauthorized
3 advertising of the M7 Kit, production and distribution in the United States market of the
4 M7 Kit, or unauthorized use of the Bawarrion Marks than for Plaintiff to seek injunctive
5 relief from this court.
6 FIRST CAUSE OF ACTION
7 Trademark Infringement [Lanham Act 15 U.S.C 1114(1)(a)]
8 45. Plaintiff realleges each and every allegation set forth in the foregoing
9 paragraphs and incorporates them as though fully set forth herein.
10 46. Plaintiff is the record owner ofthe German Trademarks and applicant of the
11 Bawarrion Marks under serial numbers #87062349 and #87291873 which are pending
12 protection in the United States by extension or directly, respectively. No prior third party
13 rights to date have been raised, which would preclude either mark from registration by
14 the USPTO.
15 47. Defendants advertisement of the M7 Kit, in conjunction with usage of the
16 Bawarrion Marks is likely to cause confusion, or to cause mistake, or to deceive
17 consumers into believing that Defendants products are genuine, authorized or approved
18 by Plaintiff.
19 48. Defendants advertisement of the M7 Kit, in conjunction with usage of the
20 Bawarrion Marks is likely to cause confusion, or to cause mistake, or to deceive
21 consumers into believing that Defendants products are genuine, authorized or approved
22 by Plaintiff.
23 49. Defendants conduct constitutes trademark infringement in violation of 15
24 U.S.C. 1114(1)(a).
25 50. Plaintiff alleges, upon information and belief, that Defendants
26 misappropriation of the Bawarrion Marks was and is willfully intentional.
27 51. Plaintiff alleges, upon information and belief, that Defendants have made or
28 will make substantial profits and gains to which they are not entitled to in law or equity.

Wilson Keadjian
Browndorf LLP
Attorneys at Law
Irvine, CA
-9 -
COMPLAINT
Case 8:17-cv-00263 Document 3 Filed 02/15/17 Page 10 of 20 Page ID #:15

1 52. Plaintiff alleges, upon information and belief, that Defendants continue their
2 infringing acts,and will continue to infringe Plaintiffs marks and design rights for theM7
3 Kit, unless restrained by this Court.
4 53. Defendants conduct has damaged and will continue to damage Plaintiff and
5 Plaintiff has no adequate remedy at law.
6 SECOND CAUSE OF ACTION
7 Common Law Trademark Infringement
8 54. Plaintiff realleges each and every allegation set forth in the foregoing
9 paragraphs and incorporates them as though fully set forth herein.
10 55. Plaintiff has valid and protectable common law rights in the Bawarrion
11 Marks.
12 56. Plaintiffs M7 Kit and the Bawarrion Marks are inherently distinctive and
13 products affixed with the Bawarrion Marks are known to be designed and produced by
14 Plaintiff. The Bawarrion Marks have been very successful and have developed a
15 substantial reputation and goodwill in the United States and throughout Europe. The M7
16 Kit has garnered much attention in the marketplace and has developed a substantial
17 reputation and goodwill as Plaintiffs product.
18 57. Defendants acts, including but not limited to, Defendants display of
19 Plaintiffs M7 Kit as shown on Plaintiffs demonstration vehicle on Defendants website,
20 Defendants removal of the Bawarrion Marks and display of digitally edited photos of the
21 demonstration vehicle showing Plaintiffs M7 Kit is likely to confuse, mislead, or deceive
22 consumers, the public, and the trade as to the origin, source, sponsorship, or affiliation
23 with Plaintiffs M7 Kit and is likely to cause the public to believe in error that such
24 products have been authorized, sponsored, approved, endorsed, or licensed by Plaintiff,
25 or that Plaintiff is in some way affiliated with Defendants.
26 58. Defendants were aware of the Bawarrion Marks and M7 design, as
27 Defendants were on actual notice at the latest around May 23, 2016, the date that Plaintiff
28 ///

Wilson Keadjian
Browndorf LLP
Attorneys at Law
Irvine, CA
-10 -
COMPLAINT
Case 8:17-cv-00263 Document 3 Filed 02/15/17 Page 11 of 20 Page ID #:16

1 and Defendants entered into a non-disclosure agreement regarding Plaintiffs Bawarrion


2 Marks and M7 Kit designs.
3 59. Defendants use of the Bawarrion Marks on, or in connection with
4 unauthorized products, including but not limited to the M7 Kit, is likely to cause
5 confusion as to the origin of Defendants products and is likely to cause the mistaken
6 belief that the parties businesses are related or that Defendants are authorized to
7 represent Plaintiff.
8 60. Defendants conduct, as described herein, constitutes infringement of
9 Plaintiffs common law rights in the Bawarrion Marks.
10 61. Defendants wrongful acts have permitted and will permit them to receive
11 substantial profits based upon the strength and reputation of Plaintiff and the substantial
12 goodwill it has built up in the Bawarrion Marks.
13 62. As a direct and proximate result of Defendants wrongful conduct, Plaintiff
14 has been and will continue to be damaged.
15 63. Unless an injunction is issued enjoining any continuing or future use by
16 Defendants of the designs, trademarks, logos, product names and descriptions as
17 described herein, such future or continuing use will likely continue to cause confusion
18 and irreparable damages to Plaintiff.
19 THIRD CAUSE OF ACTION
20 False Designation of Origin [Lanham Act 15 U.S.C 1125)(a)]
21 64. Plaintiff realleges each and every allegation set forth in the foregoing
22 paragraphs and incorporates them as though fully set forth herein.
23 65. Plaintiff is the record owner of the German Bawarrion trademark, the
24 applicant for the extension of protection of the same to the U.S. as shown in serial
25 #87062349 and the applicant of the Bawarrion M 7 mark directly in the U.S. under
26 USPTO serial #87291873.
27 66. Plaintiffs M7 Kit and the Bawarrion Marks are inherently distinctive and
28 products affixed with the Bawarrion Marks are known to be designed and produced by

Wilson Keadjian
Browndorf LLP
Attorneys at Law
Irvine, CA
-11 -
COMPLAINT
Case 8:17-cv-00263 Document 3 Filed 02/15/17 Page 12 of 20 Page ID #:17

1 Plaintiff. The Bawarrion Marks have been very successful and have developed a
2 substantial reputation and goodwill in Europe and in the United States. The M7 Kit has
3 garnered much attention in the marketplace and has developed a substantial reputation
4 and goodwill as Plaintiffs product.
5 67. Defendants were aware of the Bawarrion Marks and M7 design, as
6 Defendants were on actual notice at the latest around May 23, 2016, the date that Plaintiff
7 and Defendants entered into a non-disclosure agreement regarding Plaintiffs Bawarrion
8 Marks and M7 Kit designs.
9 68. Defendants advertisement, promotion and use of a spurious copy of
10 Plaintiffs Bawarrion Marks is intended and is likely to confuse, mislead, or deceive
11 consumers, the public, and the trade as to the origin, source, sponsorship, or affiliation
12 with Plaintiffs M7 Kit and is likely to cause the public to believe in error that such
13 products have been authorized, sponsored, approved, endorsed, or licensed by Plaintiff,
14 or that Plaintiff is in some way affiliated with Defendants.
15 69. In addition to Defendants display of Plaintiffs M7 Kit as shown on
16 Plaintiffs demonstration vehicle on Defendants website, Defendants removal of the
17 Bawarrion Marks and display of digitally edited photos of the demonstration vehicle
18 showing Plaintiffs M7 Kit is likely to confuse, mislead, or deceive consumers, the
19 public, and the trade as to the origin, source, sponsorship, or affiliation with Plaintiffs
20 M7 Kit and is likely to cause the public to believe in error that such products have been
21 authorized, sponsored, approved, endorsed, or licensed by Plaintiff, or that Plaintiff is in
22 some way affiliated with Defendants.
23 70. Plaintiff alleges, upon information and belief, that in addition to Defendants
24 acts which are likely to confuse, mislead, or deceive consumers and the public,
25 Defendants have contacted or will contact third-parties in the course of business to
26 manufacture and produce Plaintiffs M7 Kit for sale by Defendants.
27 71. Plaintiff alleges, upon information and belief, that Defendants have
28 represented or will continue to represent to third-parties in the course of business that

Wilson Keadjian
Browndorf LLP
Attorneys at Law
Irvine, CA
-12 -
COMPLAINT
Case 8:17-cv-00263 Document 3 Filed 02/15/17 Page 13 of 20 Page ID #:18

1 their use of the Bawarrion Marks and M7 Kit design is authorized, sponsored, approved,
2 endorsed, or licensed by Plaintiff. Third-party businesses are therefore likely to
3 mistakenly believe that Defendants use of Plaintiffs Bawarrion Marks and M7 Kit
4 design have been authorized, sponsored, approved, endorsed, or licensed by Plaintiff, or
5 that Plaintiff is in some way affiliated with Defendants.
6 72. In addition to Defendants display of Plaintiffs M7 Kit as shown on
7 Plaintiffs demonstration vehicle on Defendants website, Defendants removal of the
8 Bawarrion Marks and display of digitally edited photos of the demonstration vehicle
9 showing Plaintiffs M7 Kit constitutes acts of passing off of Plaintiffs M7 Kit design as
10 if they were Defendants own designs.
11 73. Plaintiff alleges, upon information and belief, that by their acts, Defendants
12 have made or will make substantial profits and gains to which they are not entitled in law
13 or equity.
14 74. Defendants acts constitute false designation of origin and false and
15 misleading description and representation of fact, all in violation of 15 U.S.C 1125(a).
16 75. Plaintiff alleges, upon information and belief, that Defendants intend to
17 continue their infringing acts, and will continue to infringe Plaintiffs Bawarrion Marks
18 and the M7 Kit, unless restrained by this Court.
19 76. Defendants acts have damaged and will continue to damage Plaintiff, and
20 Plaintiff has no adequate remedy at law.
21 77. Accordingly, Plaintiff is entitled to an order: (a) requiring Defendants to
22 account to Plaintiff for any and all profits derived by Defendants from their actions, to be
23 increased in accordance with the applicable provisions of law; and (b) awarding all
24 damages sustained by Plaintiff caused by Defendants conduct.
25 78. Plaintiff alleges, upon information and belief, that Defendants conduct was
26 and is intentional and without foundation in law, and thus, pursuant to 15 U.S.C.
27 1117(a), Plaintiff is entitled to an award of treble damages against Defendants.
28 ///

Wilson Keadjian
Browndorf LLP
Attorneys at Law
Irvine, CA
-13 -
COMPLAINT
Case 8:17-cv-00263 Document 3 Filed 02/15/17 Page 14 of 20 Page ID #:19

1 79. Defendants acts make this an exceptional case under 15 U.S.C. 1117(a),
2 and Plaintiff is therefore entitled to an award of costs and attorneys fees incurred in
3 prosecuting this action.
4 FOURTH CAUSE OF ACTION
5 Unfair Competition
6 (California Bus. & Prof. Code 17200)
7 80. Plaintiff realleges each and every allegation set forth in the foregoing
8 paragraphs and incorporates them as though fully set forth herein.
9 81. Plaintiffs M7 Kit and the Bawarrion Marks are inherently distinctive and
10 products affixed with the Bawarrion Marks are known to be designed and produced by
11 Plaintiff. The Bawarrion Marks have been very successful and have developed a
12 substantial reputation and goodwill in Europe and the United States The M7 Kit has
13 garnered much attention in the marketplace and has developed a substantial reputation
14 and goodwill as Plaintiffs product.
15 82. Defendants acts have impaired Plaintiffs goodwill and have otherwise
16 adversely affected Plaintiffs business and reputation by use of unfair and fraudulent
17 business practices. Also, Defendants conduct violates federal and state statutory law, as
18 set forth herein.
19 83. These acts constitute unfair competition and unfair business practices under
20 California Business and Professions Code 17200et seq., the analogous statutes of other
21 states, and California common law.
22 84. Absent injunctive relief, Plaintiff has no means by which to control
23 Defendants intentional exploitation of Plaintiffs common law trademark rights and
24 pending U.S. design patent rights. Plaintiff is thereby entitled to injunctive relief
25 prohibiting Defendants from continuing such acts of unfair competition. Plaintiff is also
26 entitled to recover any of Defendants profits derived from production, sale or offering
27 for sale of the M7 Kit or any similar kit using Plaintiffs Bawarrion Marks, as well as its
28 attorneys fees and costs.

Wilson Keadjian
Browndorf LLP
Attorneys at Law
Irvine, CA
-14 -
COMPLAINT
Case 8:17-cv-00263 Document 3 Filed 02/15/17 Page 15 of 20 Page ID #:20

1 85. By performing the conduct described herein, Defendants have acted and
2 continue to act with oppression, fraud, or malice, and intend to injure Plaintiff and gain
3 an advantage at Plaintiffs expense. For this reason, Plaintiff is entitled to an award of
4 punitive and exemplary damages against Defendants that are sufficient to punish and
5 deter them from engaging in such conduct in the future, in an amount to be determined at
6 trial.
7 FIFTH CAUSE OF ACTION
8 Common Law Unfair Competition
9 86. Plaintiff realleges each and every allegation set forth in the foregoing
10 paragraphs and incorporates them as though fully set forth herein.
11 87. Plaintiff has expended significant time and expense in developing the M7
12 Kit, and advertising its products under the Bawarrion Marks. Plaintiffs M7 Kit and the
13 Bawarrion Marks are inherently distinctive and products affixed with the Bawarrion
14 Marks are known to be designed and produced by Plaintiff. The Bawarrion Marks have
15 been very successful and have developed a substantial reputation and goodwill in the
16 marketplace. The M7 Kit has garnered much attention in the marketplace and has
17 developed a substantial reputation and goodwill as Plaintiffs product.
18 88. Defendants have misappropriated Plaintiffs efforts and are exploiting the
19 Bawarrion Marks, M7 Kit and Plaintiffs reputation to market and sell products that are
20 identical to those of Plaintiff and that utilize the Bawarrion Marks. Defendants actions
21 constitute unfair competition.
22 89. In addition to Defendants display of Plaintiffs M7 Kit as shown on
23 Plaintiffs demonstration vehicle on Defendants website, Defendants removal of the
24 Bawarrion Marks and display of digitally edited photos of the demonstration vehicle
25 showing Plaintiffs M7 Kit constitutes acts of passing off of Plaintiffs M7 Kit design as
26 if they were Defendants own designs.
27 ///
28 ///

Wilson Keadjian
Browndorf LLP
Attorneys at Law
Irvine, CA
-15 -
COMPLAINT
Case 8:17-cv-00263 Document 3 Filed 02/15/17 Page 16 of 20 Page ID #:21

1 90. Plaintiff alleges, upon information and belief, that Defendants will continue
2 to exploit the Bawarrion Marks, M7 Kit and Plaintiffs reputation with regard to
3 customers, potential customers and other third-parties in the course of business.
4 91. As a direct and proximate result of Defendants wrongful actions and
5 conduct, Plaintiff has been and will continue to be damaged.
6 92. Unless an injunction is issued enjoining Defendants unfairly competitive
7 conduct, Plaintiff will continue to be irreparably damaged.
8 93. Plaintiff alleges, upon information and belief, that Defendants have acted
9 willfully, intentionally and maliciously, such that Plaintiffs are entitled to punitive
10 damages, in an amount to be determined at trial.
11 SIXTH CAUSE OF ACTION
12 Design Patent Infringement
13 (35 U.S.C. 271)
14 94. Plaintiff realleges each and every allegation set forth in the foregoing
15 paragraphs and incorporates them as though fully set forth herein.
16 95. Defendants have infringed and continue to infringe the design patent rights
17 embodied in the M7 Kit bywhich Plaintiff has acquired in the EU and for which it has
18 applied to extend protection to the U.S.
19 96. Plaintiff has acted in accordance with proper international application
20 procedure, utilizing the Hague Convention on Industrial Design and WIPO administrative
21 procedures to designate the U.S. Plaintiff will engage with local U.S. counsel to address
22 any issues, if at all, for the examination of the WIPO 56116 Application before the
23 USPTO.
24 97. Plaintiff alleges on information and belief that Defendants are using, selling
25 and/or offering to sell in the United States, and/or importing into the United States the
26 M7 Kit, without Plaintiffs authorization.
27 ///
28 ///

Wilson Keadjian
Browndorf LLP
Attorneys at Law
Irvine, CA
-16 -
COMPLAINT
Case 8:17-cv-00263 Document 3 Filed 02/15/17 Page 17 of 20 Page ID #:22

1 98. Plaintiff alleges, upon information and belief, that Defendants infringement
2 of the M7 Kit design has been and continues to be intentional, willful, and without regard
3 to Plaintiffs rights.
4 99. Plaintiff alleges, upon information and belief, that Defendants have gained
5 or will gain profits by virtue of their infringement of the M7 Kit design.
6 100. As a direct and proximate result of Defendants infringement of the M7
7 Kitdesign, Plaintiff has been and will continue to be damaged.
8 101. Plaintiff will suffer irreparable harm from Defendants infringement of the
9 M7 Kit Patent. Plaintiff has no adequate remedy at law and is entitled to an injunction
10 against Defendants continuing infringement of the M7 Kit design. Unless enjoined,
11 Defendants will continue their infringing conduct.
12 102. Defendants acts make this an exceptional case under 35 U.S.C. 285, and
13 Plaintiff is therefore entitled to an award of attorneys fees and costs in prosecuting this
14 action.
15 SEVENTH CAUSE OF ACTION
16 Declaratory Relief
17 (Fed. R. Civ. P. 57 and 28 U.S.C. 2201 and 2202)
18 103. Plaintiff realleges each and every allegation set forth in the foregoing
19 paragraphs and incorporates them as though fully set forth herein.
20 104. Pursuant to Rule 57 of the Federal Rules of Civil Procedure and 28 U.S.C.
21 2201 and 2202, this Court may declare the rights or legal relations of any party in any
22 case where an actual controversy exists.
23 105. An actual controversy exists here between Plaintiff and Defendants, in that
24 Plaintiff contends that Defendants are not authorized to use Plaintiffs M7 Kit designs
25 and Bawarrion Marks, nor are they authorized to produce, sell, distribute, transfer, market
26 or represent to the market that they are the owner, licensee or authorized representative of
27 Plaintiff as to the M7 Kits. Additionally, Plaintiff contends that Defendants have
28 ///

Wilson Keadjian
Browndorf LLP
Attorneys at Law
Irvine, CA
-17 -
COMPLAINT
Case 8:17-cv-00263 Document 3 Filed 02/15/17 Page 18 of 20 Page ID #:23

1 infringed and are continuing to infringe the Bawarrion Marks owned exclusively by
2 Plaintiff.
3 106. Plaintiff alleges, upon information and belief, that Defendants will contend
4 that they are authorized to use Plaintiffs M7 Kit designs and Bawarrion Marks. Plaintiff
5 also alleges, upon information and belief, that Defendants will contend that they have not
6 infringe Plaintiffs Bawarrion Marks or Plaintiffs design rights to the M7 Kit.
7 107. As such, an actual controversy exists between Plaintiff and Defendants.
8 Plaintiff is entitled to a judicial determination as to the rights and obligations of the
9 parties. Plaintiff respectfully requests that such a judicial determination be made by this
10 Court to determine the parties rights and obligations, as such determination is necessary
11 and appropriate at this time.
12 PRAYER
13 WHEREFORE, Plaintiff prays for relief as follows:
14 1. That the Court enter a judgment in favor of Plaintiff and against Defendants on all
15 counts alleged herein;
16 2. That the Court enter a judgment against Defendants and finding that they have:
17 a. Infringed Plaintiffs rights to the Bawarrion Marks and M7 Kit.
18 b. Engaged in false designation of origin and unfair competition.
19 3. That the Court issue a temporary, preliminary and, thereafter, permanent injunction
20 against Defendants, and their officers, agents, servants, employees, and all others
21 in active concert or participation with them with notice, enjoining and restraining
22 them from the following:
23 a. Producing, manufacturing, marketing, designing, distributing, circulating,
24 selling, offering for sale, advertising (including all forms of media),
25 merchandising, making, making the same, similar or derivative products
26 from the M7 Kit, from importing, promoting, or displaying any product that
27 includes any reproduction, counterfeit, copy or imitation of any of Plaintiffs
28 ///

Wilson Keadjian
Browndorf LLP
Attorneys at Law
Irvine, CA
-18 -
COMPLAINT
Case 8:17-cv-00263 Document 3 Filed 02/15/17 Page 19 of 20 Page ID #:24

1 products, including but not limited to carrying out such acts using the
2 Bawarrion Marks, M7 designor designating any such product as M7 Kit;
3 b. Engaging in any other activity which damages Plaintiffs reputation,
4 business or goodwill;
5 c. Causing Defendants goods and services to be passed off as made,
6 authorized, sponsored by, endorsed by or otherwise connected or affiliated
7 with Plaintiff;
8 d. Assisting, aiding or abetting any other person or entity in engaging in or
9 performing any of the activities referred to in subparagraphs (a) through (c)
10 above.
11 4. That the court order Defendants to:
12 a. remove all materials in any media and any tangible form, including photos,
13 advertising materials which display in any media the JK Wrangler Jeep
14 outfitted with Plaintiffs M7 Kit and/or bearing its marks, including the
15 Bawarrion Marksor descriptions of the same;
16 b. turn over to Plaintiff all photos, materials, documents, electronic images, or
17 other evidence that relates to the advertising, promotion, production,
18 distribution, sale, import or marketing of the M7 Kit or any goods identical
19 or similar thereto;
20 c. provide an accounting to Plaintiff for any and all profits derived by
21 Defendants from their actions, to be increased in accordance with the
22 applicable provisions of law;
23 d. pay to Plaintiff restitution of their profits, if any, from the activities
24 described above;
25 e. pay to Plaintiff both the costs of this action and reasonably attorneys fees
26 incurred by Plaintiff in prosecuting this action; and
27 f. pay to Plaintiff general, special, actual and/or statutory damages, according
28 to proof at trial.

Wilson Keadjian
Browndorf LLP
Attorneys at Law
Irvine, CA
-19 -
COMPLAINT
Case 8:17-cv-00263 Document 3 Filed 02/15/17 Page 20 of 20 Page ID #:25

1 5. That the Court issue a declaratory judgment that Defendants are not authorized to
2 copy, sell, import, transfer, market, display or create identical or similar products
3 to Plaintiffs M7 Kit.
4 6. That the Court issue a declaratory judgment that Defendants are not authorized to
5 use Plaintiffs Bawarrion Marks, which includes but is not limited to copying,
6 selling, importing, transferring, marketing, displaying, or creating products that
7 bear Plaintiffs Bawarrion Marks.
8 7. That damages awarded for false designation of origin be trebled.
9 8. For the imposition of a constructive trust.
10 9. For interest at the legal rate.
11 10.For such other and further relief as the Court may deem just and proper.
12
13 DEMAND FOR JURY TRIAL
14 Plaintiff hereby demands a jury trial on all of the claims herein.
15
16
17 Dated: February 13, 2017 WILSON KEADJIAN BROWNDORF, LLP
18 By: /s/ Lisbeth Bosshart Merrill
19 Lisbeth Bosshart Merrill
20 Attorneys for Plaintiff
ORZ, GmbH & Co. KG
21
22
23
24
25
26
27
28

Wilson Keadjian
Browndorf LLP
Attorneys at Law
Irvine, CA
-20 -
COMPLAINT
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 1 of 27 Page ID #:26

EXHIBIT A
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 2 of 27 Page ID #:27
Application for International Registration

ACKNOWLEDGEMENT OF RECEIPT THROUGH E-FILING Page 1 of 6

Thank you for using the E-Filing platform.


The details of your international application are listed below. If there is any problem with the
data appearing below, contact us immediately by sending an email to intdesigns@wipo.int,
indicating the date and reference of your E-filing.

E-FILING DATE AND REFERENCE


Date 04.01.2017
Reference WIPO56116

DETAILS OF THE APPLICANT(S)

Applicant 1
Name ORZ GmbH & Co KG
Address Carl von Linde Str ,85416 Unterschleiheim, Germany
Entitlement
Nationality DE
Domicile DE
Real and effective industrial or DE
commercial establishment
Habitual residence DE
Applicant's Contracting Party
EM

APPOINTMENT OF A REPRESENTATIVE
Name IHR ANWALT 24 Rechtsanwalt-Aktiengesellschaft
Address Maximilianstr. 33,80539 Muenchen, Germany
E-mail markenschutz@anwalt.ag
Fax +498935895843
Telephone +498935895810

ADDRESS FOR CORRESPONDENCE


Name IHR ANWALT 24 Rechtsanwalt-Aktiengesellschaft
Address Maximilianstr. 33,80539 Muenchen, Germany
E-mail markenschutz@anwalt.ag
Fax +498935895843
Telephone +498935895810

Exhibit A - Page 1
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 3 of 27 Page ID #:28

ACKNOWLEDGEMENT OF RECEIPT THROUGH E-FILING Page 2 of 6

DESIGNATED CONTRACTING PARTIES

US (United States of America)

NUMBER OF INDUSTRIAL DESIGNS AND REPRODUCTIONS


Total number of industrial 4
designs (100 max.)
Total number of reproductions 6

LOCARNO CLASSIFICATION

12-16

PRODUCTS WHICH CONSTITUTE THE INDUSTRIAL DESIGN


OR IN RELATION TO WHICH IT IS TO BE USED

Design(s) Reproduction Class -


Indication of products
no(s) number Subclass

1 2 Fenders for vehicles 12-16

2 2 Engine hood for vehicles 12-16

3 1 Front part for a motor vehicle 12-16

4 1 Engine hood for vehicles 12-16

IDENTITY OF THE CREATOR(S)


Name and Address Patrick Schittko, Carl-von-Linde Str. 10,85716 Unterschleissheim,
Germany

OATH OR DECLARATION OF THE CREATOR (US)

Creator Design(s) no(s) File name

Patrick Schittko 1,2,3,4 2017-01-04_Declaration_Creator_patrickschit


tko_113_DDO.pdf

CLAIM

The ornamental design for Fenders, Air intake grills and fenders for
vehicles as shown and described

PRIORITY CLAIM

Office of Date Reference Design(s)

EM 06.09.2016 003367705-0002 1

EM 06.09.2016 003367705-0003 2

EM 11.10.2016 003415025-0002 3

EM 11.10.2016 003415025-0001 4

Exhibit A - Page 2
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 4 of 27 Page ID #:29

ACKNOWLEDGEMENT OF RECEIPT THROUGH E-FILING Page 3 of 6

PUBLICATION OF THE INTERNATIONAL REGISTRATION

Immediate publication

REDUCTION OF US INDIVIDUAL DESIGNATION FEE

Undiscounted (default)

BREAKDOWN OF FEES, IN SWISS FRANCS (CHF)


International registration basic fee 397.00
International registration fee for additional designs (3 x 19.00) 57.00
Part 1 of 2 of Individual Designation Fee (Undiscounted) (US) 733.00
Publication of reproductions (6 x 17.00) 102.00
Total 1289.00

PAYMENT OF FEES

Payment to be made to WIPO bank account


Total in Swiss Francs 1289
Payment instructions Beneficiary................................... WIPO
Bank name.................................. Crdit Suisse
IBAN............................................ CH51 0483 5048 7080 8100 0
SWIFT......................................... CRESCHZZ80A

In order for the World Intellectual Property Organization to properly


attribute your payment, the following details are mandatory:
- Payer's name (natural person or legal entity making the payment)
- Payer's complete address (natural person or legal entity making
the payment)
- E-filing ref (e.g. WIPO56116)
The International Bureau of WIPO will send an acknowledgement of
receipt to the person or entity effecting a payment to a WIPO bank or
postal account within 10 days from such receipt. If the aforementioned
acknowledgement is not received within the said period, please
inform the International Bureau of WIPO at the following address:
income.mark-dm@wipo.int.

SIGNATURE BY THE APPLICANT(S) AND/OR HIS (THEIR)


REPRESENTATIVE
Applicant(s)ORZ GmbH & Co KG
Date04.01.2017
Name of contact person Patrick Schittko - markenschutz@anwalt.ag
User reference GM ORZ

Exhibit A - Page 3
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 5 of 27 Page ID #:30

ACKNOWLEDGEMENT OF RECEIPT THROUGH E-FILING Page 4 of 6

1.1 1.2
Fenders for vehicles Fenders for vehicles
m674dbivnk56fon27uqixb6zfgldketsttfxmy5q m674dbivnk56fon27uqixb6zfgldketsttfxmy5q
6k6fjdhf2jpqhfkt6eezegyefgn2wcp65tihg.jpg 6k6fjdhf2jps3teohrhga3kbp7uc3hz7k3jz4.jpg

2.1
Engine hood for vehicles
2.jpg

Exhibit A - Page 4
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 6 of 27 Page ID #:31

ACKNOWLEDGEMENT OF RECEIPT THROUGH E-FILING Page 5 of 6

2.2
Engine hood for vehicles
3.jpg

3.1
Front part for a motor vehicle
4.jpg

Exhibit A - Page 5
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 7 of 27 Page ID #:32

ACKNOWLEDGEMENT OF RECEIPT THROUGH E-FILING Page 6 of 6

4.1
Engine hood for vehicles
5.jpg

Exhibit A - Page 6
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 8 of 27 Page ID #:33

EXHIBIT B
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 9 of 27 Page ID #:34

Exhibit B - Page 1
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 10 of 27 Page ID #:35

Exhibit B - Page 2
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 11 of 27 Page ID #:36

Exhibit B - Page 4
3
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 12 of 27 Page ID #:37

EXHIBIT C
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 13 of 27 Page ID #:38

Exhibit C - Page 1
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 14 of 27 Page ID #:39

Exhibit C - Page 2
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 15 of 27 Page ID #:40

Exhibit C - Page 3
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 16 of 27 Page ID #:41

EXHIBIT D
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 17 of 27 Page ID #:42

Exhibit D - Page 1
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 18 of 27 Page ID #:43

Exhibit D - Page 2
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 19 of 27 Page ID #:44

Exhibit D - Page 3
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 20 of 27 Page ID #:45

EXHIBIT E
Eingetragen / Registered 06/09/2016

No 003367705-0002

AMT DER EUROPISCHEN UNION FR


GEISTIGES EIGENTUM
EINTRAGUNGSURKUNDE

Diese Eintragungsurkunde wird fr das unten genannte


eingetragene Gemeinschaftsgeschmackmuster
ausgestellt. Die entsprechenden Eintrge sind in das
Register fr Gemeinschaftsgeschmacksmuster
aufgenommen worden.

Exhibit E - Page 1
EUROPEAN UNION INTELLECTUAL
PROPERTY OFFICE
CERTIFICATE OF REGISTRATION

This Certificate of Registration is hereby issued for the


Registered Community Design identified below. The
corresponding entries have been recorded in the
Register of Community Designs.

Der Exekutivdirektor / The Executive


Director
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 21 of 27 Page ID #:46

Antnio Campinos
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 22 of 27 Page ID #:47
AMT DER EUROPISCHEN UNION FR GEISTIGES EIGENTUM

EUROPEAN UNION INTELLECTUAL PROPERTY OFFICE

21 003367705-0002
25 DE - EN
22 06/09/2016
15 06/09/2016
45 22/12/2016
11 003367705-0002
73 ORZ
Carl-von-Linde-Strae 10
D-85716 Unterschleissheim
ALEMANIA
74 IHR ANWALT 24
RECHTSANWALT-AKTIENGESELLSCHAFT
Maximilianstr. 33
D-80539 Mnchen
ALEMANIA
51 12 - 16
54 BG - ( -)

ES - Vehculos (parte de -)

CS - Vozidla (st -)

DA - Kretjer (del af -)

DE - Fahrzeuge (Teil von -)

ET - Sidukid (osa -)

EL - ( -)

EN - Vehicles (part of -)

FR - Vhicules (partie de -)

IT - Veicoli (parte di -)

LV - Transporta ldzeki (- daa)

LT - Transporto priemons (dalis - )

HR - Vozila (kao dio -)

HU - Jrmvek (rsze)

MT - Vetturi (parti minn -)

NL - Vervoermiddelen (deel van -)

PL - Pojazdy (cz - )

PT - Veculos (parte de -)

RO - Vehicule (Pri de -)

SK - Vozidl (as - )

SL - Vozila (del -)

FI - Ajoneuvot (osa -)

SV - Fordon och farkoster (del av -)

55

Exhibit E - Page 2
1/3
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 23 of 27 Page ID #:48
AMT DER EUROPISCHEN UNION FR GEISTIGES EIGENTUM

EUROPEAN UNION INTELLECTUAL PROPERTY OFFICE

0002.1

Exhibit E - Page 3
2/3
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 24 of 27 Page ID #:49
AMT DER EUROPISCHEN UNION FR GEISTIGES EIGENTUM

EUROPEAN UNION INTELLECTUAL PROPERTY OFFICE

0002.2

Exhibit E - Page 4
3/3
Eingetragen / Registered 06/09/2016

No 003367705-0003

AMT DER EUROPISCHEN UNION FR


GEISTIGES EIGENTUM
EINTRAGUNGSURKUNDE

Diese Eintragungsurkunde wird fr das unten genannte


eingetragene Gemeinschaftsgeschmackmuster
ausgestellt. Die entsprechenden Eintrge sind in das
Register fr Gemeinschaftsgeschmacksmuster
aufgenommen worden.

Exhibit E - Page 5
EUROPEAN UNION INTELLECTUAL
PROPERTY OFFICE
CERTIFICATE OF REGISTRATION

This Certificate of Registration is hereby issued for the


Registered Community Design identified below. The
corresponding entries have been recorded in the
Register of Community Designs.

Der Exekutivdirektor / The Executive


Director
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 25 of 27 Page ID #:50

Antnio Campinos
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 26 of 27 Page ID #:51
AMT DER EUROPISCHEN UNION FR GEISTIGES EIGENTUM

EUROPEAN UNION INTELLECTUAL PROPERTY OFFICE

21 003367705-0003
25 DE - EN
22 06/09/2016
15 06/09/2016
45 22/12/2016
11 003367705-0003
73 ORZ
Carl-von-Linde-Strae 10
D-85716 Unterschleissheim
ALEMANIA
74 IHR ANWALT 24
RECHTSANWALT-AKTIENGESELLSCHAFT
Maximilianstr. 33
D-80539 Mnchen
ALEMANIA
51 12 - 16
54 BG - ( -)

ES - Vehculos (parte de -)

CS - Vozidla (st -)

DA - Kretjer (del af -)

DE - Fahrzeuge (Teil von -)

ET - Sidukid (osa -)

EL - ( -)

EN - Vehicles (part of -)

FR - Vhicules (partie de -)

IT - Veicoli (parte di -)

LV - Transporta ldzeki (- daa)

LT - Transporto priemons (dalis - )

HR - Vozila (kao dio -)

HU - Jrmvek (rsze)

MT - Vetturi (parti minn -)

NL - Vervoermiddelen (deel van -)

PL - Pojazdy (cz - )

PT - Veculos (parte de -)

RO - Vehicule (Pri de -)

SK - Vozidl (as - )

SL - Vozila (del -)

FI - Ajoneuvot (osa -)

SV - Fordon och farkoster (del av -)

55

Exhibit E - Page 6
1/2
Case 8:17-cv-00263 Document 3-1 Filed 02/15/17 Page 27 of 27 Page ID #:52
AMT DER EUROPISCHEN UNION FR GEISTIGES EIGENTUM

EUROPEAN UNION INTELLECTUAL PROPERTY OFFICE

0003.1

0003.2

Exhibit E - Page 7
2/2
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 1 of 24 Page ID #:53

EXHIBIT F
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 2 of 24 Page ID #:54

Exhibit F - Page 1
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 3 of 24 Page ID #:55

Exhibit F - Page 2
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 4 of 24 Page ID #:56

Exhibit F - Page 3
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 5 of 24 Page ID #:57

Exhibit F - Page 4
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 6 of 24 Page ID #:58

EXHIBIT G
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 7 of 24 Page ID #:59

Exhibit G - Page 1
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 8 of 24 Page ID #:60

Exhibit G - Page 2
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 9 of 24 Page ID #:61

EXHIBIT H
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 10 of 24 Page ID #:62

Exhibit H - Page 1
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 11 of 24 Page ID #:63
Cooperation Agreement Project M7 Front

Cooperation Agreement

for a

Changed Jeep Front

(Internal development name M7)

between

ORZ GmbH & Co. KG

Carl-von-Linda-Strasse 10, 85716 Unterschleissheim

(hereafter, Commissioning Party or CP)

And

Thaler Design Corporation

PO Box 27740, Las Vegas, Nevada 89126-7740, USA

(hereafter, Contractor)

This Agreement covers the scope of the engagement, distribution rights, payment conditions, and
modalities of the alternative vehicle front.

1. Scope of engagement
The Contractor is engaged by CP and in accordance with its design specifications to develop or
design an alternative front for the JK Jeep Wrangler. The commissioned front is similar to a well-
known Jeep model from the 1960s and is comprised of the following components:
Hood
Grill
Fender left and right
Cowling left and right
Inner fender to connect the fender and fender flairs to the frame left and right
Fender flairs front left and right
Fender Flairs rear left and right

1.1 The price includes all 3D CAD data, as well as the complete production forms (the hood liner will
be custom made).
2. Payment conditions

2.1 For the M7 Project, the complete development costs are a total amount of $120,000 to be paid by
CP in the following amounts and tranches: The Contractor will submit a proper invoice for the amount
of $90,000. With regard to the amount of $24,220 paid on June 6, 2016 by the CP, of the amount
invoiced (by Contractor) of $90,000, the balance remaining is $65,780. CP Will pay $50,000 of this
$65,780 directly to the Contractor, following proof of the functionality of the US headlights bracket and

Exhibit H - Page 2
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 12 of 24 Page ID #:64
Cooperation Agreement Project M7 Front

finishing of the hood with the inner frame. The remaining $15,780 will be paid by the CP directly
following proof of this functionality of the EU headlight bracket. These amounts will be paid to the
account of Thaler Design, Bahnhofstrasse 21, 9220 Velden, at the Volksbank (bank details see
invoice).
2.2 With the execution of this Agreement, the Contractor receives an order of 24 complete M7 fronts,
of which 4 complete prototype fronts will be first produced. The actual serial production, including
packaging, will begin after removal of possible defects. Payment thereafter will be made immediately
and without deduction to the account of the Contractor in California, after proof has been given that
the M7 fronts are ready for delivery from the Predator warehouse.
2.3 The remaining payment in the amount of $30,000 (development costs) will be as follows: after
delivery of 30 units each of the M7 fronts to CP, $10,000 is due for immediate payment; the amounts
will be paid to the account of Thaler Design, Bahnhofstrasse 21, 9220 Velden, at the Volksbank (bank
details see invoice). With the payment of the total amountof $120,000, all 3D data and documents as
well as all forms and tools will become the property of the CP.
2.4 Because of reservations about the manufacturer (Predator) commissioned by the Contractor,
payment will be made to the Contractor so that he can offset his existing claim against Predator. If,
after the delivery of 90 complete M7 fronts, Predator would no longer be contracted to produce the
Kits, the production may no longer be ordered by the Contractor.
2.5 The unit price per Kit (all fiberglass parts) shall be $1,996 USD including packaging. The
Contractor shall receive from the CP a commission of 8% for each Kit sold at the kit price (currently
$1,996 USD) starting with Kit serial No. 25.
2.6 During the initial assembly of the prototypes, the parties will need to specify which further
components, such as, for example, screws, cable, adapters, model names, etc., will be required.
There is currently no final solution for the headlight re-location; this can only be solved at/during the
initial assembly of the Kit. In the Contractors opinion, it is currently not possible to create a virtual
simulation because the exact space and assembly conditions must be measured directly at the
vehicle. In addition, different model years as well as engine specifications must be considered. The
costs for the adapters/holders to be manufactured are currently not exactly defined, as the scope is
not known. The 3D development of these parts is covered by the costs stated in points 2.1 and 2.3.
The costs of the suppliers are paid directly by the CP.
3. Distribution/Rights
The CP has all worldwide distribution and marketing rights to the M7 front. The CP has all rights to
the M7 Project. The Contractor shall hand over to the CP all confidentiality agreements and any
preliminary agreements with third parties. The Contractor shall, in his own interest, establish contacts
with potential customers and should support the sale of the M7 Kits. All agreements, contracts, etc.,
shall be concluded exclusively by the CP.

Exhibit H - Page 3
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 13 of 24 Page ID #:65
Cooperation Agreement Project M7 Front

3.1 A vehicle, supplied by the CP, will be prepared for the SEMA 2016 Show in Las Vegas. The
Contractor will fully support the CP in finishing the (demonstration) vehicle for the trade show. The CP
will cover the costs for all modifications. The demonstration vehicle is a prototype which is not only
equipped with M7 serial parts. The headlight mounting rings will be directly glued to the grill. Lockable
hood locks will be used, since the engine compartment is not yet optically and technically finished.
The Contractor will provide full support to the CP in the finishing of the serial parts and, as soon as
possible after SEMA 2016, be able to begin production. The Contractor will in no way obstruct the
Project, especially since he finds himself in partnership with the CP. The CP will permit the Contractor
to use the demonstration vehicle to test out the headlight bracket.
3.2 All Kits receive a serial number, the location to be defined. All marketing materials will include by
Thaler Design.
4. There are no oral agreements which supplement this Agreement. All agreements must be in writing.

Client Signature:

___________________________________

Date:
Patrick Schittko, ORZ GmbH & Co. KG

Contractor Signature:

___________________________________

Date:
Erich Thaler, Thaler Design Corporation

Exhibit H - Page 4
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 14 of 24 Page ID #:66

Exhibit H - Page 5
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 15 of 24 Page ID #:67

Exhibit H - Page 6
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 16 of 24 Page ID #:68

Exhibit H - Page 7
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 17 of 24 Page ID #:69

EXHIBIT I
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 18 of 24 Page ID #:70

Exhibit I - Page 1
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 19 of 24 Page ID #:71

EXHIBIT J
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 20 of 24 Page ID #:72

Exhibit J - Page 1
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 21 of 24 Page ID #:73

Exhibit J - Page 2
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 22 of 24 Page ID #:74

EXHIBIT K
1/31/2017 :::JeepActionCamper-fullyequippedexpeditionreadyslide-incamper/byThalerDesign:::
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 23 of 24 Page ID #:75

JeepJKWranglerM7frontconversionkit

Exhibit K - Page 1
http://www.actioncamper.com/event_ent.php?evid=161&kn=AG 1/1
1/31/2017 :::JeepActionCamper-fullyequippedexpeditionreadyslide-incamper/byThalerDesign:::
Case 8:17-cv-00263 Document 3-2 Filed 02/15/17 Page 24 of 24 Page ID #:76

JeepJKWranglerM7frontconversionkitUpdates

Exhibit K - Page 2
http://www.actioncamper.com/event_ent.php?evid=162&kn=AG 1/1