Saule v. FXR Factory Racing - Complaint

Case 3:19-cv-01238-AJB-WVG Document 1 Filed 07/03/19 PageID.
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1 KOLITCH ROMANO LLP [To be admitted Pro Hac Vice]

THOMAS J. ROMANO, OSB No. 053661
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Email: [email protected]
3 520 SW Yamhill St, Suite 200
Portland, OR 97204
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Telephone: (503) 994-1650
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LAW OFFICE OF CARRIE HEDAYATI
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CARRIE HEDAYATI, Bar No. 299787
7 Email: [email protected]
P.O. Box 100
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Vista, CA 92085
9 Telephone: (760) 696-6141
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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14 '19CV1238 AJB WVG
SAULE, LLC and 100% SPEEDLAB, Case No.: [Case No.]
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LLC,
16 Plaintiffs, COMPLAINT
17 v. Demand for Jury Trial
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FXR FACTORY RACING INC.,
19 Defendant.
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22 Plaintiffs Saule, LLC, and 100% Speedlab, LLC (hereinafter referred to collectively
23 as “100% Speedlab or “Plaintiffs”) allege against Defendant FXR Factory Racing Inc.,
24 (hereinafter referred to as “FXR” or “Defendant”) as follows:
25 NATURE OF THE CASE
26 1. This is a civil action for federal trade dress infringement and false designation
27 of origin in violation of Sections 32 and 43(a) of the federal Lanham Act (15 U.S.C. §§
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Case 3:19-cv-01238-AJB-WVG Document 1 Filed 07/03/19 PageID.2 Page 2 of 18
1 1114 and 1125(a)), unfair competition in violation of Cal. Bus. & Prof. Code §§ 17200 et
2 seq., and state common law trade dress infringement and unfair competition.
3 THE PARTIES
4 2. Plaintiff Saule, LLC is a California limited liability company, with a principal
5 place of business and a mailing address at 9630 Aero Drive, San Diego, California 92123.
6 Saule, LLC is the owner of the trade dress and other intellectual property rights at issue in
7 this action.
8 3. Plaintiff 100% Speedlab, LLC is a California limited liability company, with
9 a principal place of business and a mailing address at 9630 Aero Drive, San Diego,
10 California 92123. 100% Speedlab, LLC is the exclusive licensee and user of the trade dress
11 and other intellectual property rights owned by Saule, LLC.
12 4. On information and belief, Defendant FXR Factory Racing Inc. is a Canada
13 corporation, with a principal place of business at 155 Oakland Road, Oak Bluff, Manitoba,
14 Canada R4G0A4 and a registered agent at 1010 Dale St N, St. Paul, Minnesota 55117-
15 5603.
16 JURISDICTION
17 5. This Court has subject matter jurisdiction over this action under 15 U.S.C. §
18 1121 (actions arising under the Lanham Act); 28 U.S.C. § 1331 (actions under the laws of
19 the United States of America); 28 U.S.C. § 1332(a) (diversity of citizenship between the
20 parties) and 28 U.S.C. § 1338(a), because this case involves a federal question arising under
21 the trademark laws of the United States, including the Lanham Act, 15 U.S.C. §§ 1051, et
22 seq.
23 6. This Court has supplemental jurisdiction over the claims in this action that
24 arise under state law pursuant to 28 U.S.C. § 1367(a) because these state law claims are so
25 related to 100% Speedlab’s claims under federal law that they form part of the same case
26 or controversy in this judicial district and derive from a common nucleus of operative fact.
27 7. This Court has personal jurisdiction over Defendant because, on information
28 and belief, Defendant advertises, offers and sells goods, which are the subject of the claims
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[Case No.]
1 in this action, to customers and/or potential customers in this judicial district and directly
2 or through others have sold their goods to customers in this judicial district, and such
3 exercise of personal jurisdiction over Defendant comports with the laws of the State of
4 California and the constitutional requirements of due process.
5 8. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391 because
6 Defendant is subject to personal jurisdiction in this judicial district and because a
7 substantial part of the events or omissions giving rise to 100% Speedlab’s claims in this
8 action occurred within this judicial district.
9 FACTUAL ALLEGATIONS
10 9. 100% Speedlab markets, offers, and sells sporting goods, including goggles
11 and eyewear for racing, throughout the United States through various channels, including
12 through its website at www.ride100percent.com, mail-order catalogs, and in retail shops.
13 10. Saule, LLC is the owner of U.S. Trademark Reg. No. 5,737,504 for the mark
14 consisting of a three-dimensional configuration of a goggle lens with a raised portion or
15 bump at the top center portion, as depicted below, for goggles for sports; and motorcycle
16 goggles, in International Class 9 (“the ‘504 Registration”). Attached as Exhibit 1 is a true
17 and correct copy of the ‘504 Registration and a printout from the U.S. Patent & Trademark
18 Office website showing the current status of the ‘504 Registration.
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25 11. The ‘504 Registration was filed on February 23, 2018, was registered on April
26 30, 2019, and claims a first use in commerce date of at least as early as January 15, 2012.
27 12. Saule, LLC is the owner of U.S. Trademark Reg. No. 4,766,123 for the mark
28 consisting of a three-dimensional configuration of a goggle lens with a raised portion or
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1 bump at the top center portion, as depicted below, for goggles for sports; and motorcycle
2 goggles, in International Class 9 (“the ‘123 Registration”). Attached as Exhibit 2 is a true
3 and correct copy of the ‘123 Registration and a printout from the U.S. Patent & Trademark
4 Office website showing the current status of the ‘123 Registration.
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11 13. The ‘123 Registration was filed on June 10, 2014, was registered on June 30,
12 2015, and claims a first use in commerce date of at least as early as January 15, 2012.
13 14. 100% Speedlab, LLC is the exclusive licensee and user of the trade dress and
14 other intellectual property rights owned by Saule, LLC, including the ‘504 Registration
15 and the ‘123 Registration (the registrations hereinafter referred to collectively as the “Trade
16 Dress Registrations”).
17 15. Since at least as early as January 15, 2012, 100% Speedlab has continuously
18 marketed and sold goggles throughout the United States, bearing the mark that is the
19 subject of the Trade Dress Registrations. (Collectively the Trade Dress Registrations and
20 the mark that is the subject of the Trade Dress Registrations is hereinafter referred to as the
21 “100% Speedlab Trade Dress”). A true and correct copy of a representative image of a
22 100% Speedlab goggle currently being marketed and sold in the United States bearing the
23 100% Speedlab Trade Dress is set forth below; 100% Speedlab also markets and sells other
24 versions or models of goggles bearing the 100% Speedlab Trade Dress, where the size,
25 style, and/or color of the lens, frame, and/or strap are different from the representative
26 image and may include other features, such as a nose guard (collectively the “100%
27 Speedlab Product”).
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8 16. The overall appearance of the 100% Speedlab Product, namely the 100%
9 Speedlab Trade Dress, features a unique and non-functional lens and frame shape with a
10 raised portion or bump at the top center portion, which allows consumers to identify and
11 distinguish 100% Speedlab products from others.
12 17. Since at least as early as January 2012, 100% Speedlab has used the 100%
13 Speedlab Trade Dress in connection with its goggles and eyewear, including the 100%
14 Speedlab Product. The 100% Speedlab Product includes, but is not limited to, the Racecraft
15 and Accuri motocross goggle models at least as early as January 2012, and the Strata
16 motocross goggle model at least as early as September 2012. A true and correct copy of
17 screenshots from 100% Speedlab’s website www.ride100percent.com showing examples
18 of the Racecraft, Accuri, and Strata motocross goggle models for sale, is attached as Exhibit
19 3. A true and correct copy of representative images showing examples of the packaging of
20 the Racecraft motorcross goggle model is attached as Exhibit 4.
21 18. Since at least as early as January 2012, 100% Speedlab has extensively and
22 continuously promoted the 100% Speedlab Trade Dress in connection with its goggles and
23 eyewear, including by the prominent display of the 100% Speedlab Trade Dress in its
24 marketing and advertisements. As a result, the 100% Speedlab Trade Dress has become
25 recognized by consumers as an indication of source for 100% Speedlab’s products. A true
26 and correct copy of screenshots from 100% Speedlab’s website www.ride100percent.com,
27 showing examples of advertisements prominently displaying the 100% Speedlab Trade
28 Dress, is attached as Exhibit 5.
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1 19. Since at least as early as January 2015, 100% Speedlab has used distinctive
2 features of the 100% Speedlab Trade Dress, including, but not limited to, the distinctive
3 bump or raised portion element at the top center portion of the lens, across a variety of
4 product lines as a source identifier (hereinafter referred to as the “100% Speedlab Bump
5 Trade Dress”). 100% Speedlab has used the 100% Speedlab Bump Trade Dress in
6 connection with goggle and eyewear products, including, but not limited to, goggle and
7 eyewear products for motocross, mountain biking, cycling, and racing sports. A true and
8 correct copy of screenshots from 100% Speedlab’s website www.ride100percent.com
9 showing examples of eyewear products for cycling and mountain biking, including the
10 Speedtrap and Speedcraft models, that feature 100% Speedlab Bump Trade Dress, is
11 attached as Exhibit 6.
12 20. The 100% Speedlab Bump Trade Dress used across the various product lines
13 of 100% Speedlab, including on the 100% Speedlab Product and on other goggle and
14 eyewear products, maintain the same continuing commercial impression to consumers that
15 identifies the source of goods as coming from 100% Speedlab.
16 21. Through 100% Speedlab’s substantial use and promotion of the 100%
17 Speedlab Trade Dress in connection with its products, including the 100% Speedlab
18 Product, the 100% Speedlab Trade Dress has become a widely recognizable and distinctive
19 source identifier for consumers.
20 22. Prior to Defendant’s acts alleged herein, and as a result of 100% Speedlab’s
21 advertising, widespread sales, and the uniform high quality of the 100% Speedlab Product,
22 and the public's acceptance thereof, the 100% Speedlab Product has acquired an excellent
23 reputation, as well as celebrity. As a result, the 100% Speedlab Trade Dress has come to
24 be widely-recognized by the general consuming public as a designation of source of 100%
25 Speedlab’s goggles and eyewear, and symbolize valuable goodwill that 100% Speedlab
26 has created throughout the United States.
27 23. Through 100% Speedlab’s widespread and prominent use of the 100%
28 Speedlab Bump Trade Dress across its various products, the 100% Speedlab Bump Trade
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1 Dress has further enhanced the 100% Speedlab Trade Dress recognition and distinctiveness
2 as a source identifier for consumers.
3 24. Prior to Defendant’s acts alleged herein, and as a result of 100% Speedlab’s
4 advertising, widespread sales, and the uniform high quality of its various products featuring
5 the 100% Speedlab Bump Trade Dress, including the 100% Speedlab Product, and the
6 public's acceptance thereof, 100% Speedlab’s products have acquired an excellent
7 reputation, as well as celebrity. As a result, the 100% Speedlab Bump Trade Dress has
8 come to be widely-recognized by the general consuming public as a designation of source
9 of 100% Speedlab’s products, and symbolize valuable goodwill that 100% Speedlab has
10 created throughout the United States.
11 25. In addition to 100% Speedlab’s registered trademark rights, 100% Speedlab
12 has established extensive common law rights in the 100% Speedlab Trade Dress existing
13 prior to Defendant’s acts alleged herein by virtue of 100% Speedlab’s widespread and
14 continuous use of the 100% Speedlab Trade Dress. 100% Speedlab has also established
15 extensive common law rights in the 100% Speedlab Bump Trade Dress existing prior to
16 Defendant’s acts alleged herein by virtue of 100% Speedlab’s widespread and continuous
17 use of the 100% Speedlab Trade Dress and the 100% Speedlab Bump Trade Dress.
18 26. The 100% Speedlab Trade Dress is distinctive and non-functional, and has
19 acquired secondary meaning through 100% Speedlab’s long-standing, widespread, and
20 continuous use of the 100% Speedlab Trade Dress in the United States prior to Defendant’s
21 acts alleged herein.
22 27. The 100% Speedlab Bump Trade Dress is distinctive and non-functional, and
23 has acquired secondary meaning through 100% Speedlab’s long-standing, widespread, and
24 continuous use of the 100% Speedlab Trade Dress and 100% Speedlab Bump Trade Dress
25 in the United States prior to Defendant’s acts alleged herein.
26 28. Upon information and belief, Defendant markets and sells goggles and
27 eyewear in the United States, in direct competition with the goggles and eyewear of 100%
28 Speedlab.
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1 29. Upon information and belief, Defendant currently markets and sells
2 throughout the United States a goggle product bearing a confusingly similar imitation of
3 the 100% Speedlab Trade Dress, including without limitation, the mark that is the subject
4 of the Trade Dress Registrations and the 100% Speedlab Bump Trade Dress (the “Accused
5 Trade Dress”). A true and correct copy of representative images of a goggle product
6 bearing the Accused Trade Dress is set forth below; Defendant also markets and sells other
7 versions or models, where the size, style, and/or color(s) of the lens, frame, and/or strap
8 are different from the representative images (collectively, the “Accused Product”).
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30. Upon information and belief, Defendant uses the website
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https://fxrracing.com to market and sell the Accused Product in the United States. A true
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and correct copy of excerpts from the website https://fxrracing.com is attached as Exhibit
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1 31. Upon information and belief, Defendant uses the website

2 https://www.facebook.com/FXRRacing to promote the Accused Product in the United
3 States and prominently feature the Accused Trade Dress. A true and correct copy of an
4 excerpt from the website https://www.facebook.com/FXRRacing is attached as Exhibit 8.
5 32. Upon information and belief, Defendant uses the website
6 www.instagram.com/fxrracing to promote the Accused Product in the United States and
7 prominently feature the Accused Trade Dress. A true and correct copy of an excerpt from
8 the website www.instagram.com/fxrracing is attached as Exhibit 9.
9 33. Upon information and belief, the Accused Product is available for sale
10 throughout the United States through one or more third parties, including at
11 www.motosport.com. A true and correct copy of an excerpt from the website
12 www.motosport.com showing the Accused Product for sale is attached as Exhibit 10.
13 34. Upon information and belief, the Accused Product is available for sale, both
14 online and in physical retail locations, has been sold, and has been shipped, to customers
15 located in this judicial district.
16 35. Upon information and belief, 100% Speedlab began using the 100% Speedlab
17 Trade Dress, including the overall appearance of the 100% Speedlab Trade Dress and the
18 100% Speedlab Bump Trade Dress, in connection with goggle and eyewear products,
19 including the 100% Speedlab Product, before Defendant began using any of the Accused
20 Trade Dress for goggle products.
21 36. 100% Speedlab has never authorized Defendant to use the Accused Trade
22 Dress for the Accused Product. 100% Speedlab does not sponsor or approve of Defendant’s
23 goods and services. Defendant’s goods and services do not originate from 100% Speedlab.
24 100% SPEEDLAB’S CLAIMS FOR RELIEF
25 FIRST CLAIM FOR RELIEF
26 (VIOLATIONS OF THE LANHAM ACT: FEDERAL TRADE DRESS
27 INFRINGEMENT)
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1 37. 100% Speedlab hereby incorporates by reference each of the other allegations
2 set forth elsewhere in this Complaint as though fully set forth herein.
3 38. Upon information and belief, the Trade Dress Registrations evidence 100%
4 Speedlab’s exclusive right to use the mark reflected therein in connection with the goods
5 identified therein.
6 39. 100% Speedlab commenced use of the 100% Speedlab Trade Dress, including
7 the mark that is the subject of the Trade Dress Registrations, in interstate commerce in
8 connection with goggles prior to Defendant’s commencement of use of the Accused Trade
9 Dress.
10 40. Upon information and belief, Defendant sells the Accused Product in some of
11 the same channels, and to the same consumers, as does 100% Speedlab.
12 41. Without 100% Speedlab's consent, Defendant has used the Accused Trade
13 Dress in connection with the sale, offering for sale, distribution or advertising of its goggle
14 and eyewear products, including the Accused Product.
15 42. Upon information and belief, Defendant has engaged in its infringing activity
16 despite having actual knowledge of 100% Speedlab's use of the 100% Speedlab Trade
17 Dress.
18 43. Defendant is not authorized by 100% Speedlab to use the Accused Trade
19 Dress, or any mark or imitation confusingly similar or that in any way represents or implies
20 that Defendant and/or Defendant’s goods are in any way associated with 100% Speedlab.
21 44. Defendant’s unauthorized use of the Accused Trade Dress in connection with
22 goggles, including the Accused Product, constitutes trade dress infringement in violation
23 of Section 32 of the Lanham Act, 15 U.S.C. § 1114.
24 45. Defendant’s use of the Accused Trade Dress is likely to cause confusion,
25 mistake, and/or deception in the marketplace as to the source or origin of Defendant’s
26 goods and/or services, and has falsely suggested that Defendant and/or Defendant’s goods
27 and/or services are sponsored by, connected to, or otherwise associated with 100%
28 Speedlab.
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1 46. As a direct and proximate result of Defendant’s knowing, deliberate, and

2 willful and/or reckless infringement of the 100% Speedlab Trade Dress, including the mark
3 that is the subject of the Trade Dress Registrations, 100% Speedlab has suffered, and will
4 continue to suffer, irreparable harm to its business, reputation, and goodwill, unless and
5 until Defendant’s actions as alleged herein are enjoined.
6 47. Upon information and belief, Defendant has engaged in the conduct described
7 herein willfully, intentionally, knowingly, and in reckless disregard of the obvious and
8 inevitable injurious consequences of this conduct to 100% Speedlab. In using the Accused
9 Trade Dress, Defendant has a bad-faith intent to trade on and profit from 100% Speedlab’s
10 hard-earned goodwill and reputation and to confuse and mislead the public.
11 48. The 100% Speedlab Trade Dress has acquired distinctiveness prior to
12 Defendant’s acts alleged herein.
13 49. This is an exceptional case within the meaning of 15 U.S.C. § 1117(a).
14 SECOND CLAIM FOR RELIEF
15 (VIOLATIONS OF THE LANHAM ACT: UNFAIR COMPETITION AND FALSE
16 DESIGNATION OF ORIGIN)
19 51. 100% Speedlab alleges federal unfair competition and false designation of
20 origin under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
21 52. Upon information and belief, Defendant sells the Accused Product in some of
22 the same channels, and to the same consumers, as does 100% Speedlab.
23 53. Without 100% Speedlab's consent, Defendant has used the Accused Trade
24 Dress in connection with the sale, offering for sale, distribution or advertising of its goggle
25 and eyewear products, including the Accused Product.
26 54. Upon information and belief, Defendant has engaged in its infringing activity
27 despite having actual knowledge of 100% Speedlab's use of the 100% Speedlab Trade
28 Dress and the 100% Speedlab Bump Trade Dress.
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1 55. Defendant’s actions are likely to lead the public to conclude, incorrectly, that
2 Defendant’s goods, including the Accused Product, originate with or are authorized by
3 100% Speedlab, which will damage both 100% Speedlab and the public.
4 56. Upon information and belief, Defendant has advertised and offered its goods
5 for sale using the Accused Trade Dress with the intention of misleading, deceiving, or
6 confusing consumers as to the origin of Defendant’s goods and of trading on 100%
7 Speedlab’s reputation and goodwill.
8 57. Defendant’s unauthorized use of the Accused Trade Dress in interstate
9 commerce constitutes trade dress infringement and unfair competition under 15 U.S.C. §
10 1125(a) and is likely to cause consumer confusion, mistake, or deception.
11 58. Defendant’s unauthorized marketing and sale of Defendant’s goods, including
12 the Accused Product, in interstate commerce using the Accused Trade Dress constitutes a
13 use of a false designation of origin or false representation that wrongfully and falsely
14 designates Defendant’s goods as originating from or connected with 100% Speedlab, and
15 constitutes the use of false descriptions or representations in interstate commerce in
16 violation of 15 U.S.C. § 1125(a).
17 59. As a direct and proximate result of Defendant’s trade dress infringement and
18 acts of unfair competition, 100% Speedlab has suffered and will continue to suffer loss of
19 income, profits and goodwill, and Defendant has and will continue to unfairly acquire
20 income, profits and goodwill.
21 60. Defendant’s trade dress infringement and acts of unfair competition will cause
22 further irreparable injury to 100% Speedlab if Defendant is not restrained by this Court
23 from further violation of 100% Speedlab’s rights. 100% Speedlab has no adequate remedy
24 at law.
25 61. Defendant’s activities have caused confusion or are likely to cause confusion
26 among 100% Speedlab’s customers and potential customers.
27 62. Upon information and belief, Defendant’s activities are done with willful
28 intent to cause confusion.
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1 63. Defendant’s actions have caused and will continue to cause irreparable harm
2 and damage to 100% Speedlab.
3 64. Upon information and belief, Defendant has engaged in the conduct described
4 herein willfully, intentionally, knowingly, and in reckless disregard of the obvious and
5 inevitable injurious consequences of this conduct to 100% Speedlab. In using the Accused
6 Trade Dress, Defendant has a bad-faith intent to trade on and profit from 100% Speedlab’s
7 hard-earned goodwill and reputation and to confuse and mislead the public.
8 65. The 100% Speedlab Trade Dress has acquired distinctiveness prior to
10 66. The 100% Speedlab Bump Trade Dress has acquired distinctiveness prior to
12 67. This is an exceptional case within the meaning of 15 U.S.C. § 1117(a).
13 THIRD CLAIM FOR RELIEF
14 (TRADE DRESS INFRINGEMENT AND UNFAIR COMPETITION UNDER
15 CALIFORNIA COMMON LAW)
18 69. Defendant’s acts constitute common law trade dress infringement and unfair
19 competition, in violation of California common law.
20 70. Defendant has, without authorization from 100% Speedlab, traded on and
21 continues to trade on the goodwill associated with the 100% Speedlab Trade Dress,
22 including the overall appearance of the 100% Speedlab Trade Dress and the 100%
23 Speedlab Bump Trade Dress, and has misled consumers into assuming that there is an
24 association between the infringing goods, including the Accused Product, and 100%
25 Speedlab, by using identical or substantially similar trade dress as the 100% Speedlab
26 Trade Dress, including the overall appearance of the 100% Speedlab Trade Dress and the
27 100% Speedlab Bump Trade Dress.
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1 71. Defendant, by the acts complained of herein, is likely to cause confusion,

2 mistake, and deception to consumers as to the affiliation, connection, or association of
3 Defendant with 100% Speedlab.
4 72. By Defendant’s unauthorized acts, Defendant is directly infringing 100%
5 Speedlab’s trademark rights in the 100% Speedlab Trade Dress, including the overall
6 appearance of the 100% Speedlab Trade Dress and the 100% Speedlab Bump Trade Dress,
7 in violation of California common law, to the damage of 100% Speedlab and the unjust
8 enrichment of Defendant.
9 73. Upon information and belief, Defendant’s wrongful act has been willful and
10 intentional without regard for 100% Speedlab’s rights in the 100% Speedlab Trade Dress,
11 including the overall appearance of the 100% Speedlab Trade Dress and the 100%
12 Speedlab Bump Trade Dress. Defendant knew or should have known of 100% Speedlab’s
13 prior use and established rights in and to the 100% Speedlab Trade Dress.
14 74. The 100% Speedlab Trade Dress is inherently distinctive, or in the alternative,
15 has acquired distinctiveness prior to Defendant’s acts alleged herein.
16 75. The 100% Speedlab Bump Trade Dress is inherently distinctive, or in the
17 alternative, has acquired distinctiveness prior to Defendant’s acts alleged herein.
18 76. As a result of Defendant’s acts, 100% Speedlab has suffered and will continue
19 to suffer damages, as well as the loss of control over the goodwill and reputation established
20 in the 100% Speedlab Trade Dress.
21 77. 100% Speedlab has no adequate remedy at law because, among other things,
22 (a) the 100% Speedlab Trade Dress, including the overall appearance of the 100% Speedlab
23 Trade Dress and the 100% Speedlab Bump Trade Dress, is unique and valuable property
24 which has no readily determinable market value; (b) Defendant’s infringement constitutes
25 harm to 100% Speedlab such that 100% Speedlab could not be made whole by a monetary
26 award, (c) if Defendant’s wrongful conduct is allowed to continue, the public is likely to
27 become further confused, mistaken, mislead, or deceived as to the source, origin, or
28 authority of the infringing goods, and (d) Defendant’s wrongful conduct is continuing and
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1 ongoing, since Defendant is currently selling goggle products, including the Accused
2 Product, bearing the Accused Trade Dress, which are identical or substantially similar to
3 the 100% Speedlab Trade Dress, including the overall appearance of the 100% Speedlab
4 Trade Dress and the 100% Speedlab Bump Trade Dress.
5 78. At a minimum, 100% Speedlab is entitled to injunctive relief, to an accounting
6 of Defendant’s profits, to damages, and to costs.
7 FOURTH CLAIM FOR RELIEF
8 (UNFAIR COMPETITION – Cal. Bus. & Prof. Code §§ 17200 et seq.)
11 80. Defendant’s conduct constitutes unlawful, unfair, fraudulent, and deceptive
12 business practices or acts in violation of California law, including the California Business
13 and Professions statutes, Cal. Bus. & Prof. Code §§ 17200 et seq.
14 81. Defendant’s marketing, offering for sale, and sale of the Accused Product
15 bearing the Accused Trade Dress is likely to cause confusion, mistake, or deception as to
16 the source, affiliation, sponsorship, or authenticity of Defendant’s goods. Defendant’s use
17 of the Accused Trade Dress is likely to cause confusion as to the source of Defendant’s
18 goods, and is likely to cause others to be confused or deceived or mistaken into believing
19 that there is an affiliation, connection, or association between Defendant and 100%
20 Speedlab, or that Defendant’s goods originate from or are sponsored by or approved by
21 100% Speedlab.
22 82. Defendant’s continued use of the Accused Trade Dress in the manner
23 described herein falsely implies a connection between Defendant’s goods and 100%
24 Speedlab that is likely to cause mistake and to confuse and deceive the public. This
25 unauthorized use constitutes unfair competition under California Business and Professions
26 statutes, Cal. Bus. & Prof. Code §§ 17200 et seq.
27 83. Upon information and belief, Defendant’s conduct is willful and intended to
28 reap the benefit of the goodwill 100% Speedlab has developed.
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1 84. As a result of Defendant’s wrongful conduct, 100% Speedlab has suffered and
2 will continue to suffer substantial injury, as well as the loss of control over the goodwill
3 and reputation established in the 100% Speedlab Trade Dress, including the overall
4 appearance of the 100% Speedlab Trade Dress and the 100% Speedlab Bump Trade Dress.
5 This irreparable injury will continue unless Defendant’s conduct is enjoined by the Court
6 under Cal. Bus. & Prof. Code § 17203.
7 85. As a result of Defendant’s wrongful conduct, Defendant collected revenues
8 and/or realized profits to which they were not entitled.
9 86. At a minimum, 100% Speedlab is entitled to injunctive relief, under Cal. Bus.
10 & Prof. Code § 17203. In addition, because Defendant collected revenues and/or realized
11 profits as a result of their unlawful, unfair, fraudulent, and deceptive business practices or
12 acts, 100% Speedlab is also entitled to restitution and disgorgement of such revenues and
13 profits, as provided under Cal. Bus. & Prof. Code § 17203.
14 RESERVATION OF RIGHTS
15 87. 100% Speedlab is still investigating this matter and has not yet had an
16 opportunity to conduct any discovery, and therefore reserves the right to raise such
17 additional claims as may be appropriate upon further investigation and discovery.
18 PRAYER FOR RELIEF
19 In view of the foregoing, Plaintiffs pray for judgment as follows:
20 A. For an award of Defendant’s profits and 100% Speedlab’s damages in an
21 amount to be proven at trial for trade dress infringement under 15 U.S.C. § 1114(a);
22 B. For an award of Defendant’s profits and 100% Speedlab’s damages in an
23 amount to be proven at trial for false designation of origin and unfair competition under 15
24 U.S.C. § 1125(a);
25 C. For a declaration that Defendant’s infringement and other wrongful acts
26 herein alleged be determined deliberate, willful, and/or reckless in disregard of 100%
27 Speedlab’s rights;
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1 D. For a grant of an award to 100% Speedlab of Defendant’s gross and net sales,
2 revenues, and profits received or derived by Defendant or its affiliates from use of the
3 Accused Trade Dress, and/or to award such other relief as may be available pursuant to 15
4 U.S.C. § 1117, Cal. Bus. & Prof. Code § 17203, and other applicable federal and state law;
5 E. For an order that Defendant deliver for impoundment and destruction any and
6 all products, advertising, circulars, price lists, signs, banners, business stationary, prints,
7 packages, labels, containers, freights, cartons, receptacles, wrappers, art work, and other
8 materials in their possession or custody or under their control bearing the Accused Trade
9 Dress, and/or to order such other relief as may be available pursuant to 15 U.S.C. § 1118;
10 F. For a finding that this case is an “extraordinary case” within the meaning of
11 15 U.S.C. § 1117(a);
12 G. For an award of treble damages to 100% Speedlab, together with costs,
13 interest, and reasonable attorneys’ fees as permitted by 15 U.S.C. § 1117(a) and other
14 applicable federal and state law;
15 H. For temporary, preliminary and permanent injunctive relief from this Court
16 under 15 U.S.C. §1116(a) and Cal. Bus. & Prof. Code § 17203, and California common
17 law, prohibiting Defendant from engaging or continuing to engage in the unlawful or unfair
18 business acts or practices described herein, including the unauthorized use of any
19 trademark right of 100% Speedlab; acts of trade dress infringement; false designation of
20 origin; unfair competition; and any other act in derogation of 100% Speedlab’s rights;
21 I. For an award to 100% Speedlab of all damages, costs, disbursements,
22 expenses, and attorneys’ fees owed to them pursuant to the Lanham Act, California
23 Business and Professions Unfair Competition, and state common law by reason of
24 Defendant’s deliberate, willful, conscious, and/or reckless infringement of 100%
25 Speedlab’s intellectual property rights;
26 J. For an award of pre-judgment and post-judgment interest as allowed by law;
27 and
28 K. For such other and further relief as the Court may deem just and equitable.
17
[Case No.]
1 DEMAND FOR JURY TRIAL

2 Plaintiffs demand trial by jury in accordance with Rule 38, Federal Rules of Civil
3 Procedure.
4 DATED this 2nd day of July, 2019.
5
Respectfully submitted,
6
7
8
9
By /s/Carrie Hedayati
10
CARRIE HEDAYATI, Bar No. 299787
11 Email: [email protected]
P.O. Box 100
12
Vista, CA 92085
13 Telephone: (760) 696-6141
14
Attorney of Record for Plaintiffs
15
Saule, LLC and 100% Speedlab, LLC
16
17
18
19
20
21
22
23
24
25
26
27
28
18
[Case No.]
Case 3:19-cv-01238-AJB-WVG Document 1-1 Filed 07/03/19 PageID.19 Page 1 of 1
JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

Saule, LLC and 100% Speedlab, LLC FXR Factory Racing Inc.
(b) County of Residence of First Listed Plaintiff San Diego County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)
'19CV1238 AJB WVG
Carrie Hedayati
P.O. Box 100, Vista, CA 92085 (760) 696-6141
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State
u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers’ Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 835 Patent - Abbreviated u 460 Deportation
Student Loans u 340 Marine Injury Product New Drug Application u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability u 840 Trademark Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY u 480 Consumer Credit
of Veteran’s Benefits u 350 Motor Vehicle u 370 Other Fraud u 710 Fair Labor Standards u 861 HIA (1395ff) u 490 Cable/Sat TV
u 160 Stockholders’ Suits u 355 Motor Vehicle u 371 Truth in Lending Act u 862 Black Lung (923) u 850 Securities/Commodities/
u 190 Other Contract Product Liability u 380 Other Personal u 720 Labor/Management u 863 DIWC/DIWW (405(g)) Exchange
u 195 Contract Product Liability u 360 Other Personal Property Damage Relations u 864 SSID Title XVI u 890 Other Statutory Actions
u 196 Franchise Injury u 385 Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 891 Agricultural Acts
u 362 Personal Injury - Product Liability u 751 Family and Medical u 893 Environmental Matters
Medical Malpractice Leave Act u 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 790 Other Labor Litigation FEDERAL TAX SUITS Act
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: u 791 Employee Retirement u 870 Taxes (U.S. Plaintiff u 896 Arbitration
u 220 Foreclosure u 441 Voting u 463 Alien Detainee Income Security Act or Defendant) u 899 Administrative Procedure
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRS—Third Party Act/Review or Appeal of
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 Agency Decision
u 245 Tort Product Liability Accommodations u 530 General u 950 Constitutionality of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION State Statutes
Employment Other: u 462 Naturalization Application
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict u 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
15 U.S.C. §§ 1114 and 1125(a)
VI. CAUSE OF ACTION Brief description of cause:
Federal Trade Dress Infringement and False Designation of Origin
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
07/02/2019 /s/ Carrie Hedayati
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Reg. No. 5,737,504 Saule, LLC. (CALIFORNIA LIMITED LIABILITY COMPANY)

9630 Aero Drive
Registered Apr. 30, 2019 San Diego, CALIFORNIA 92123
CLASS 9: Goggles for sports; Motorcycle goggles

Int. Cl.: 9
FIRST USE 1-15-2012; IN COMMERCE 1-15-2012
Trademark
The mark consists of a three-dimensional configuration of a goggle lens with a raised portion
Principal Register or bump at the top center portion. The dotted lines outlining the lens are intended to show
placement of the mark on the goods and are not part of the mark.
OWNER OF U.S. REG. NO. 4766123
SEC.2(F)
SER. NO. 87-809,385, FILED 02-23-2018
Exhibit 1 Page 001

Generated on: This page was generated by TSDR on 2019-06-20 17:55:35 EDT
Mark:
US Serial Number: 87809385 Application Filing Feb. 23, 2018

Date:
US Registration 5737504 Registration Date: Apr. 30, 2019
Number:
Filed as TEAS Yes Currently TEAS Yes
Plus: Plus:
Register: Principal
Mark Type: Trademark
Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
Status Date: Apr. 30, 2019
Publication Date: Feb. 12, 2019
Mark Information
Mark Literal None
Elements:
Standard Character No
Claim:
Mark Drawing 2 - AN ILLUSTRATION DRAWING WITHOUT ANY WORDS(S)/ LETTER(S)/NUMBER(S)
Type:
Description of The mark consists of a three-dimensional configuration of a goggle lens with a raised portion or bump at the top center portion. The
Mark: dotted lines outlining the lens are intended to show placement of the mark on the goods and are not part of the mark.
Color(s) Claimed: Color is not claimed as a feature of the mark.
Acquired In whole
Distinctiveness
Claim:
Design Search 16.03.07 - Eyeglasses; Frames, eyeglass; Glasses, eye; Sunglasses; Goggles; Safety goggles; Spectacles; Glasses, safety
Code(s):
Related Properties Information

Claimed Ownership 4766123
of US
Registrations:
Goods and Services

Note:
The following symbols indicate that the registrant/owner has amended the goods/services:
Brackets [..] indicate deleted goods/services;
Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
Asterisks *..* identify additional (new) wording in the goods/services.
For: Goggles for sports; Motorcycle goggles

International 009 - Primary Class U.S Class(es): 021, 023, 026, 036, 038
Class(es):
Class Status: ACTIVE
Basis: 1(a)
First Use: Jan. 15, 2012 Use in Commerce: Jan. 15, 2012
Basis Information (Case Level)
Exhibit 1 Page 002

Filed Use: Yes Currently Use: Yes Amended Use: No

Filed ITU: No Currently ITU: No Amended ITU: No
Filed 44D: No Currently 44D: No Amended 44D: No
Filed 44E: No Currently 44E: No Amended 44E: No
Filed 66A: No Currently 66A: No
Filed No Basis: No Currently No Basis: No
Current Owner(s) Information

Owner Name: Saule, LLC.
Owner Address: 9630 Aero Drive
San Diego, CALIFORNIA 92123
UNITED STATES
Legal Entity Type: LIMITED LIABILITY COMPANY State or Country CALIFORNIA
Where Organized:
Attorney/Correspondence Information
Attorney of Record
Attorney Name: Carrie A. R. Hedayati Docket Number: Goggle Bump2
Attorney Primary [email protected] Attorney Email Yes
Email Address: Authorized:
Correspondent
Correspondent CARRIE A. R. HEDAYATI
Name/Address: LAW OFFICE OF CARRIE HEDAYATI
P.O. BOX 100
VISTA, CALIFORNIA 92085
UNITED STATES
Phone: 760-696-6141
Correspondent e- [email protected] Correspondent e- Yes
mail: [email protected] [email protected] mail Authorized:
Domestic Representative - Not Found
Prosecution History
Proceeding
Date Description
Number
Apr. 30, 2019 REGISTERED-PRINCIPAL REGISTER
Feb. 12, 2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
Feb. 12, 2019 PUBLISHED FOR OPPOSITION
Jan. 23, 2019 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
Dec. 20, 2018 APPROVED FOR PUB - PRINCIPAL REGISTER
Dec. 12, 2018 TEAS/EMAIL CORRESPONDENCE ENTERED 88889
Dec. 11, 2018 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889
Dec. 11, 2018 TEAS RESPONSE TO OFFICE ACTION RECEIVED
Jul. 11, 2018 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325
Jul. 11, 2018 NON-FINAL ACTION E-MAILED 6325
Jul. 11, 2018 NON-FINAL ACTION WRITTEN 73360
Jul. 01, 2018 PREVIOUS ALLOWANCE COUNT WITHDRAWN
Jun. 26, 2018 WITHDRAWN FROM PUB - OG REVIEW QUERY 99910
Jun. 08, 2018 APPROVED FOR PUB - PRINCIPAL REGISTER
Jun. 07, 2018 ASSIGNED TO EXAMINER 73360
Mar. 03, 2018 NOTICE OF DESIGN SEARCH CODE E-MAILED
Mar. 02, 2018 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
Feb. 27, 2018 NEW APPLICATION ENTERED IN TRAM
TM Staff and Location Information

TM Staff Information - None
Exhibit 1 Page 003

File Location
Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Apr. 30, 2019
Exhibit 1 Page 004

Exhibit 2 Page 001

Generated on: This page was generated by TSDR on 2019-06-20 17:54:14 EDT
Mark:
US Serial Number: 86305875 Application Filing Jun. 10, 2014

Date:
US Registration 4766123 Registration Date: Jun. 30, 2015
Number:
Filed as TEAS Yes Currently TEAS Yes
Plus: Plus:
Register: Supplemental
Mark Type: Trademark
TM5 Common Status LIVE/REGISTRATION/Issued and Active
Descriptor:
The trademark application has been registered with the Office.
Amended to No Date Amended to Mar. 27, 2015

Principal Register: Current Register:
Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
Status Date: Jun. 30, 2015
Mark Information
Mark Literal None
Elements:
Standard Character No
Claim:
Mark Drawing 2 - AN ILLUSTRATION DRAWING WITHOUT ANY WORDS(S)/ LETTER(S)/NUMBER(S)
Type:
Description of The mark consists of a three-dimensional configuration of a goggle lens with a raised portion or bump at the top center portion. The
Mark: dotted lines outlining the lens are intended to show placement of the mark on the goods and are not part of the mark.
Color(s) Claimed: Color is not claimed as a feature of the mark.
Design Search 16.03.07 - Eyeglasses; Frames, eyeglass; Glasses, eye; Sunglasses; Goggles; Safety goggles; Spectacles; Glasses, safety
Code(s):
Goods and Services

Note:
The following symbols indicate that the registrant/owner has amended the goods/services:
Brackets [..] indicate deleted goods/services;
Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
Asterisks *..* identify additional (new) wording in the goods/services.
For: Goggles for sports; Motorcycle goggles

International 009 - Primary Class U.S Class(es): 021, 023, 026, 036, 038
Class(es):
Class Status: ACTIVE
Basis: 1(a)
First Use: Jan. 15, 2012 Use in Commerce: Jan. 15, 2012
Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes
Filed ITU: No Currently ITU: No
Exhibit 2 Page 002

Filed 44D: No Currently 44E: No

Filed 44E: No Currently 66A: No
Filed 66A: No Currently No Basis: No
Filed No Basis: No
Current Owner(s) Information

Owner Name: SAULE, LLC
Owner Address: 9630 AERO DRIVE
SAN DIEGO, CALIFORNIA UNITED STATES 92123
Where Organized:
Attorney/Correspondence Information
Attorney of Record
Attorney Name: Craig O. Correll Docket Number: top bump gog
Attorney Primary [email protected] Attorney Email Yes
Email Address: Authorized:
Correspondent
Correspondent CRAIG O. CORRELL
Name/Address: CRAIG O. CORRELL, ATTORNEY AT LAW
4245 SUNNYHILL DR
CARLSBAD, CALIFORNIA UNITED STATES 92008-3647
Phone: 760 434 6800 Fax: 760 434 0808
Correspondent e- [email protected] Correspondent e- Yes
mail: mail Authorized:
Prosecution History
Proceeding
Date Description
Number
Nov. 09, 2018 NOTICE OF SUIT
Apr. 30, 2018 NOTICE OF SUIT
Jun. 30, 2015 REGISTERED-SUPPLEMENTAL REGISTER
May 27, 2015 LAW OFFICE PUBLICATION REVIEW COMPLETED 70884
May 26, 2015 ASSIGNED TO LIE 70884
Apr. 30, 2015 APPROVED FOR REGISTRATION SUPPLEMENTAL REGISTER
Mar. 27, 2015 TEAS/EMAIL CORRESPONDENCE ENTERED 88889
Mar. 27, 2015 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889
Mar. 27, 2015 TEAS RESPONSE TO OFFICE ACTION RECEIVED
Feb. 25, 2015 AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
Sep. 30, 2014 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325
Sep. 30, 2014 NON-FINAL ACTION E-MAILED 6325
Sep. 30, 2014 NON-FINAL ACTION WRITTEN 77765
Sep. 15, 2014 ASSIGNED TO EXAMINER 77765
Jun. 21, 2014 NOTICE OF DESIGN SEARCH CODE E-MAILED
Jun. 20, 2014 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
Jun. 13, 2014 NEW APPLICATION ENTERED IN TRAM
TM Staff and Location Information

TM Staff Information - None
File Location
Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Jun. 30, 2015
Assignment Abstract Of Title Information
Exhibit 2 Page 003

Summary
Total Assignments: 1 Registrant: SAULE, LLC
Assignment 1 of 1
Conveyance: ASSIGNS THE ENTIRE INTEREST

Reel/Frame: 5463/0624 Pages: 4
Date Recorded: Feb. 20, 2015
Supporting assignment-tm-5463-0624.pdf
Documents:
Assignor
Name: BOINNARD, LUDOVIC Execution Date: Feb. 20, 2015
Legal Entity Type: INDIVIDUAL Citizenship: FRANCE
Name: BLANCHARD, MARC Execution Date: Feb. 20, 2015

Legal Entity Type: INDIVIDUAL Citizenship: FRANCE
Assignee
Name: SAULE, LLC
Where Organized:
Address: 9630 AERO DRIVE
SAN DIEGO, CALIFORNIA 92123
Correspondent
Correspondent CRAIG O. CORRELL
Name:
Correspondent 4245 SUNNYHILL DRIVE
Address: CARLSBAD, CA 92008
Exhibit 2 Page 004

Exhibit 3 Page 001

Exhibit 3 Page 002

Exhibit 3 Page 003

Exhibit 3 Page 004

Exhibit 3 Page 005

Exhibit 3 Page 006

Exhibit 3 Page 007

Exhibit 3 Page 008

Exhibit 3 Page 009

Exhibit 3 Page 010

Exhibit 3 Page 011

Exhibit 3 Page 012

Exhibit 3 Page 013

Exhibit 3 Page 014

Exhibit 3 Page 015

Exhibit 3 Page 016

Exhibit 3 Page 017

Exhibit 3 Page 018

Exhibit 3 Page 019

Exhibit 3 Page 020

Exhibit 3 Page 021

Exhibit 3 Page 022

Exhibit 3 Page 023

Exhibit 3 Page 024

Exhibit 3 Page 025

Exhibit 3 Page 026

Exhibit 3 Page 027

Exhibit 3 Page 028

Exhibit 3 Page 029

Exhibit 3 Page 030

Exhibit 3 Page 031

Exhibit 3 Page 032

Exhibit 3 Page 033

Exhibit 3 Page 034

Exhibit 3 Page 035

Exhibit 3 Page 036

Exhibit 3 Page 037

Exhibit 3 Page 038

Exhibit 3 Page 039

Exhibit 3 Page 040

Exhibit 3 Page 041

Exhibit 3 Page 042

Exhibit 3 Page 043

Exhibit 4 Page 001

Exhibit 4 Page 002

Exhibit 5 Page 001

Exhibit 5 Page 002

Exhibit 5 Page 003

12/14/2017Case 121814-ACCURI-AD-TWMX-web.jpg
3:19-cv-01238-AJB-WVG Document 1-6 Filed 07/03/19 (585×774)PageID.76 Page 4 of 24
http://www.ride100percent.com/wp-content/uploads/2014/12/121814-ACCURI-AD-TWMX-web.jpg Exhibit 5 Page 004 1/1

12/14/2017Case New Ad in Dirt
3:19-cv-01238-AJB-WVG Rider - Simplicity
Document 1-6is the ultimate
Filed sophisticationPageID.77
07/03/19 | Ride 100% Page 5 of 24
0
Back
Home / Blog / New Ad in Dir t Rider – Simplicity is the ultimate sophistication
New Ad in Dirt Rider – Simplicity is the ultimate sophistication

October 31 – 2014
http://www.ride100percent.com/news/new-ad-in-dirt-rider-simplicity-is-the-ultimate-sophistication/ Exhibit 5 Page 005 1/2

12/14/2017Case New Ad in Dirt
3:19-cv-01238-AJB-WVG Rider - Simplicity
Document 1-6is the ultimate
Filed sophisticationPageID.78
07/03/19 | Ride 100% Page 6 of 24
Back
Home / Blog / New Ad in Dir t Rider – Simplicity is the ultimate sophistication
Returns within 45 days Shipping US only

Your satisfaction is Please find a shop nearby in
guaranteed our global Dealers list
Contact Downloads
Customer Service Size Charts
Dealers Warranty
Rider Support Privacy Policy
Lens Selector Return Policy
http://www.ride100percent.com/news/new-ad-in-dirt-rider-simplicity-is-the-ultimate-sophistication/ Exhibit 5 Page 006 2/2

12/15/2017Case 100% - The
3:19-cv-01238-AJB-WVG official and exclusive
Document 1-6 eyewear of Supercross | PageID.79
Filed 07/03/19 Ride 100% Page 7 of 24
0
Back
Home / Blog / 100% – The official and exclusive eyewear of Supercross
100% – The official and exclusive eyewear of Supercross

January 05 – 2013
http://www.ride100percent.com/news/100-the-official-and-exclusive-eyewear-of-supercross/ Exhibit 5 Page 007 1/3

12/15/2017Case 100% - The
100%, the iconic brand synonymous with Motocross Americana since 1982, has just signed on as the official
eyewear sponsor of Supercross. The partnership with Feld Entertainment begins with the 2013 Supercross series
set to kick of this weekend at the season opener in Anaheim, CA.
The agreement further strengthens 100%’s commitment as an industry leader in all levels of motocross from
amateur racing all the way to the premier level of Supercross. The brand that was built on “The Spirit Of Racing”
thirty years ago will support the series with a full range of premium motocross goggles, sunglasses, and
accessories through the 2013 season and beyond.

12/15/2017Case 100% - The
For more on 100%, visit www.ride100percent.com or follow us on Facebook, Twitter and Instagram
@ride100percent
About 100%: The 100% brand has always been synonymous with motocross Americana and has been linked to
many iconic moments that have built the roots and history of what is modern motocross. The roots of the 100%
brand date back to the early 1980’s when the popular logo graced the factory racing equipment of the biggest
names in motocross.
Thirty years later the passion for the spirit of racing remains. Today, 100% is about to inspire a whole new
generation of racers and ask them the original tag line, “How much effort do you give”?
Back
Home / Blog / 100% – The official and exclusive eyewear of Supercross

Contact Downloads
Dealers Warranty

12/15/2017
Case 100%
3:19-cv-01238-AJB-WVG returns as Official
Document 1-6Eyewear
Filedof Supercross
07/03/19| RidePageID.82
100% Page 10 of 24
0
Back
Home / Blog / 100% returns as Official Eyewear of Supercross
100% returns as Official Eyewear of Supercross

January 03 – 2014
http://www.ride100percent.com/news/100-returns-as-official-eyewear-of-supercross/ Exhibit 5 Page 010 1/3

12/15/2017
Case 100%
Document 1-6Eyewear
Filedof Supercross
100% Page 11 of 24

12/15/2017
Case 100%
Document 1-6Eyewear
Filedof Supercross
100% Page 12 of 24
100% announces the continuing partnership with Feld Entertainment as the official eyewear sponsor of Supercross
for 2014. Following on the successful sponsorship of the Monster Energy Supercross Series in 2013, 100% is
excited to return as series sponsor with a full range of premium motocross goggles, sunglasses, and accessories.
The agreement further strengthens 100%’s commitment as an industry leader in all levels of motocross from
amateur racing all the way to the premier level of Supercross. With the recent signing of the GEICO Honda 250
team and KTM 250 riders Marvin Musquin and Dean Ferris, the 100% team is ready to kick of the season this
weekend in Anaheim, CA.
For more on 100%, visit www.ride100percent.com or follow us
on Facebook, Twitter and Instagram @ride100percent.
Back
Home / Blog / 100% returns as Official Eyewear of Supercross

Contact Downloads
Dealers Warranty

12/14/2017
Case 082114-RX-2015-web.jpeg
3:19-cv-01238-AJB-WVG Document (1152×774) PageID.85 Page 13 of 24
1-6 Filed 07/03/19
http://www.ride100percent.com/wp-content/uploads/2014/08/082114-RX-2015-web.jpeg Exhibit 5 Page 013 1/1

12/14/2017
Case 111815-RX-Forecast2-web.jpg
3:19-cv-01238-AJB-WVG Document 1-6 Filed 07/03/19(1152×774) PageID.86 Page 14 of 24
http://www.ride100percent.com/wp-content/uploads/2015/11/111815-RX-Forecast2-web.jpg Exhibit 5 Page 014 1/1

12/14/2017
Case Racecraft-Neon-Attack-RacerX-Aaron-Plessinger-100percent-Ad.jpg
3:19-cv-01238-AJB-WVG Document 1-6 Filed 07/03/19 PageID.87 (1152×774) Page 15 of 24
http://www.ride100percent.com/wp-content/uploads/2016/05/Racecraft-Neon-Attack-RacerX-Aaron-Plessinger-100percent-Ad.jpg
Exhibit 5 Page 015 1/1
12/14/2017
Case MXA-2012-8Aug.jpg
3:19-cv-01238-AJB-WVG Document 1-6 Filed(585×774)
07/03/19 PageID.88 Page 16 of 24
http://www.ride100percent.com/wp-content/uploads/MXA-2012-8Aug.jpg Exhibit 5 Page 016 1/1

12/14/2017
Case 11172017-RACERX-RC-webfinal.jpeg
3:19-cv-01238-AJB-WVG Document 1-6 Filed 07/03/19 (2000×1333)
PageID.89 Page 17 of 24
http://www.ride100percent.com/wp-content/uploads/2017/12/11172017-RACERX-RC-webfinal.jpeg Exhibit 5 Page 017 1/1

12/14/2017
Case MTB1-6
3:19-cv-01238-AJB-WVG Document Glasses | Ride07/03/19
Filed 100% PageID.90 Page 18 of 24
0
Yoann Barelli and the Speedcraft – Featured in Bike Mag

July 15 – 2015
http://www.ride100percent.com/news/tag/mtb-glasses/ Exhibit 5 Page 018 1/4

12/14/2017
Case MTB1-6
New Ad in Peloton – The Speedcraft: Be warned, people will stare

July 06 – 2015

12/14/2017
Case MTB1-6
June 15 – 2015

12/14/2017
Case MTB1-6
Show more

Contact Downloads
Dealers Warranty

12/14/2017
Case 18RacerX-2012-1Jan.jpg
3:19-cv-01238-AJB-WVG Document (1152×774)
1-6 Filed 07/03/19 PageID.94 Page 22 of 24
http://www.ride100percent.com/wp-content/uploads/18RacerX-2012-1Jan.jpg Exhibit 5 Page 022 1/1

12/14/2017
Case 3:19-cv-01238-AJB-WVG NOV-12-Otor-112512-OTOR-Accuri-web.jpg
Document 1-6 Filed 07/03/19 (1264×839)
PageID.95 Page 23 of 24
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12/15/2017
Case RacerX-100-Ad-Amateurs-All-Stars-2016-MEC-Racecraft-Bootcamp.jpg
3:19-cv-01238-AJB-WVG Document 1-6 Filed 07/03/19 PageID.96 (1152×774)Page 24 of 24
https://www.ride100percent.com/wp-content/uploads/2016/12/RacerX-100-Ad-Amateurs-All-Stars-2016-MEC-Racecraft-Bootcamp.jpg
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Saule v. FXR Factory Racing - Complaint

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Saule v. FXR Factory Racing - Complaint

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What is the nature of the case?

What is the nature of the case?

What parties are involved in the case?

What parties are involved in the case?

Case 3:19-cv-01238-AJB-WVG Document 1 Filed 07/03/19 PageID.

1 KOLITCH ROMANO LLP [To be admitted Pro Hac Vice]

1 31. Upon information and belief, Defendant uses the website

1 46. As a direct and proximate result of Defendant’s knowing, deliberate, and

1 71. Defendant, by the acts complained of herein, is likely to cause confusion,

1 DEMAND FOR JURY TRIAL

I. (a) PLAINTIFFS DEFENDANTS

(c) Attorneys (Firm Name, Address, and Telephone Number)

Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Reg. No. 5,737,504 Saule, LLC. (CALIFORNIA LIMITED LIABILITY COMPANY)

CLASS 9: Goggles for sports; Motorcycle goggles

OWNER OF U.S. REG. NO. 4766123

SER. NO. 87-809,385, FILED 02-23-2018

Exhibit 1 Page 001

US Serial Number: 87809385 Application Filing Feb. 23, 2018

Related Properties Information

Goods and Services

For: Goggles for sports; Motorcycle goggles

Basis Information (Case Level)

Exhibit 1 Page 002

Filed Use: Yes Currently Use: Yes Amended Use: No

Current Owner(s) Information

TM Staff and Location Information

Exhibit 1 Page 003

Exhibit 1 Page 004

Exhibit 2 Page 001

US Serial Number: 86305875 Application Filing Jun. 10, 2014

Amended to No Date Amended to Mar. 27, 2015

Goods and Services

For: Goggles for sports; Motorcycle goggles

Basis Information (Case Level)

Exhibit 2 Page 002

Filed 44D: No Currently 44E: No

Current Owner(s) Information

TM Staff and Location Information

Assignment Abstract Of Title Information

Exhibit 2 Page 003

Conveyance: ASSIGNS THE ENTIRE INTEREST

Name: BLANCHARD, MARC Execution Date: Feb. 20, 2015

Exhibit 2 Page 004

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