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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTICE OF GEORGIA


ATLANTA DIVISION
Omix-ADA, Inc.,
Plaintiff,
v.
Zongxian Liu, an individual,
Xprite Inc., Xprite USA,
Xtreme, Inc., One Piece
International Trade and One Piece
Intl Corp,
Defendants.

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Civil Action ____________


Jury Trial Demanded

COMPLAINT FOR PATENT INFRINGEMENT,


COPYRIGHT INFRINGEMENT, UNFAIR
COMPETITION, AND DECEPTIVE TRADE PRACTICES

COMES NOW Omix-ADA, Inc. (Omix), the Plaintiff herein, and by and
through its counsel, files this Complaint against Defendants Zongxian Liu, an
individual (Liu), Xprite Inc., Xprite USA (collectively Xprite), Xtreme, Inc.,
One Piece International Trade and One Piece Intl Corp (collectively
Defendants), and shows this Court the following:

NATURE OF THE CASE


1.
Omix seeks legal and equitable remedies for infringement of United
States Design Patent No. D749,995 S for a FRONT GRILLE FOR A
VEHICLE (the 995 Patent), resulting from the actions and conduct of
Defendants, including the making, using, selling and/or importing of front
grilles for a vehicle (the Infringing Products) that fall within the scope of the
995 Patent, as set forth herein.
2.
Omix also seeks legal and equitable remedies for infringement of copyrights
owned by Omix.
3.
Omix further seeks legal and equitable remedies for unfair competition and
passing off under federal and state laws.
PARTIES
4.
Plaintiff Omix is a Georgia corporation having a regular and established
place of business at 460 Horizon Drive, Suwanee, GA 30024.

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5.
On information and belief, Defendant Zongxian Liu, an individual, is the
principal, officer, or agent of the other defendants, with business addresses located
at 19929 Harrison Avenue, Suite K, City of Industry, California 91789 and 9863
Max Shapiro Way, South El Monte, California 91733.
6.
On information and belief, Xprite Inc., also known as Xprite USA, is a
California corporation with its registered address located at 19929 Harrison
Avenue, Suite K, City of Industry, California 91789.
7.
Xprite claims it has become one of the leading online retailers of LED
lights, LED accessories and AUTO PARTS ....
8.
On information and belief, Xtreme, Inc. is a California corporation with its
registered address located at 9863 Max Shapiro Way, South El Monte, California
91733. Among other things, Xtreme, Inc. is a distributor of the Infringing
Products.

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9.
On information and belief, One Piece International Trade is an organization
with addresses located at 9863 Max Shapiro Way, South El Monte, California
91733 and 19929 Harrison Avenue, Suite K, City of Industry, California 91789.
10.
On information and belief, One Piece Intl Corp is a Delaware corporation
with a registered address located at 14978 Ramona Blvd., Baldwin Park, California
91706.
JURISDICTION AND VENUE
11.
This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and
1338(a) because this action arises under the laws of the United States, including 35
U.S.C. 271 et seq., 17 U.S.C. 101 et seq.; and 15 U.S.C. 1125(a).
12.
Furthermore, this is a civil action between citizens of different states
and the value of the amount in controversy, exclusive of interest and costs,
exceeds seventy-five thousand dollars ($75,000), and jurisdiction is
therefore proper in accordance with 28 U.S.C. 1332.

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13.
Jurisdiction for the Georgia state statutory and common law claims is proper
in accordance with the principles of supplemental jurisdiction pursuant to 28
U.S.C. 1367(a).
14.
Defendants are subject to the personal jurisdiction of this Court.
15.
Defendants conduct significant business in this judicial district, including
business related to the infringements and wrongful acts alleged herein, have
committed tortious acts, and have caused injuries in this judicial district related to
the infringements alleged herein.
16.
Defendants solicit business throughout the nation, including in Georgia, on
its website (http://xpriteusa.com/). See Exhibit A, attached hereto.
17.
Defendants also solicit authorized dealers throughout the country.

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18.
Defendants manufacture, offer for sale, sell and/or import the Infringing
Products, unfairly compete with Omix, and wrongfully pass off their products in
the United States, including in this judicial district.
19.
Defendants advertise the Infringing Products on at least Defendants website
at http://www.xpriteusa.com/spartan-avenger-grill-with-angry-eyes-and-steelmesh-zs-0018k.html, inviting the public (including Georgia residents) to purchase
the Infringing Products through its website. (See Exhibit A, pgs. 2, 6-12 for Part
No. ZS-0018K and pgs. 3, 13-15 for Part No. ZS-0018K-1).
20.
Such website encourages and allows the public and users in Georgia to
purchase products, including the Infringing Products, on and through its interactive
website.
21.
On information and belief, significant revenues are derived by Defendants
through Defendants sales into Georgia and to customers located in Georgia.

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22.
On information and belief, a significant amount of products, including
Infringing Products, are purchased by customers located in Georgia and are
shipped to Georgia by Defendants as a result of purchases made through
Defendants interactive website.
23.
Defendants solicit business throughout the United States, including in
Georgia, through Amazon.com. Defendants market and sell the Infringing
Products through and on Amazon.com, with the knowledge and intent that the
Infringing Products will be sold in Georgia and to customers located in Georgia.
24.
Defendants advertise, offer for sale and sell the Infringing Products on
Amazon.com at https://www.amazon.com/Xprite-Avenger-Wrangler-Rubicon2007-2016/dp/B01I0WGWO2/ref=sr_1_2?ie=UTF8&qid=1471037439&sr=82&keywords=xprite+grill+avenger, inviting the public (including customers
located in Georgia) to purchase the Infringing Products through Amazon.com. See
Exhibit B, attached hereto.

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25.
Through Amazon.com., Defendants encourage and allow the public and
users in Georgia to purchase products, including the Infringing Products, on and
through the Amazon.com interactive website.
26.
On information and belief, significant revenues are derived by Defendants
through Defendants sales in to Georgia and to customers located in Georgia.
27.
On information and belief, a significant amount of products, including the
Infringing Products, are purchased by customers located in Georgia and are
shipped to Georgia by Defendants as a result of purchases made through
Amazon.com.
28.
Venue is proper in this District pursuant to 28 U.S.C. 1391 and 1400(b)
for at least the reasons that a substantial number of the events giving rise to these
claims occurred in this judicial district, because Omix has suffered injuries in this
District, and because Defendants reside in this judicial district as defined by the
patent venue statute by virtue of having committed acts of patent infringement in
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this judicial district and being subject to the personal jurisdiction of this Court at
the time suit was filed.
FACTS
29.
On February 23, 2016, the 995 Patent was duly and legally issued by the
United States Patent and Trademark Office (USPTO).
30.
The 995 Patent issued from an application filed with the USPTO on
November 3, 2014, and has been, at all times since its date of issue, valid and
enforceable.
31.
The claim of the 995 Patent covers an ornamental design for a FRONT
GRILLE FOR A VEHICLE, which is depicted in the 7 figures set forth in the 995
Patent. A true and accurate copy of the 995 Patent is attached hereto as Exhibit
C.
32.
Omix is the owner of the 995 Patent by virtue of an assignment from the
inventors to Omix.

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33.
Omix has standing to bring the lawsuit for infringement of the 995 Patent.
34.
Omix has been advertising, promoting, marketing, and selling its Rugged
Ridge Spartan Grille; 07-16 Jeep Wrangler JK (SKU 12034.01), which is a
commercial embodiment of ornamental design of the 995 Patent, since November
2014.
35.
Omix has also been advertising, promoting, marketing and selling additional
commercial embodiments of the ornamental design of the 995 Patent, including
the following: SKU 12034.31, SKU 12034.32, SKU 12034.33 and SKU 12034.34.
36.
The advertising materials and website for the Rugged Ridge Spartan Grille
were duly marked with Patent Pending prior to the issuance of the 995 Patent.
37.
Since the issuance of the 995 Patent in February 2016, the advertising
materials and website were updated to include the patent number of the 995
Patent and a patent marking including the patent number of the 995 Patent
was added to the product packaging.
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38.
Defendants have been making, using, offering for sale, selling and/or
importing products that fall within the scope of the 995 Patent and such activity
by Defendants infringes the 995 Patent.
39.
Since at least as early as March 30, 2016, Defendants have been offering for
sale and selling the Infringing Products on the xpriteusa.com and Amazon.com
websites.
40.
The Infringing Products offered for sale and sold by Defendants on the
xpriteusa.com website include Part No. ZS-0018K, Xprite Spartan Avenger Grill
with Angry Eyes and Steel Mesh for 2007-2016 Jeep Wrangler, $139.99
(Exhibit A, pgs. 2, 6-12).
41.
The Infringing Products offered for sale and sold by Defendants on the
xpriteusa.com website include Part No. ZS-0018K-1, Xprite Matte Black Avenger
Grill with Designer Mesh for 2007-2016 Jeep Wrangler, $159.99 (Exhibit A,
pgs. 3, 13-15).
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42.
The Infringing Products offered for sale and sold by Defendants on the
Amazon.com website include Xprite Front Matte Black Avenger Grille Grid Grill
with Mesh Insert for Jeep Wrangler Rubicon Sahara Sport Jk 2007-2016, $
129.99 (Exhibit B, pgs. 1-11).
43.
The Infringing Products offered for sale and sold by Defendants on the
Amazon.com website include Xprite Latest Front Matte Black Avenger Grille
Grid Grill with Star Mesh Insert for Jeep Wrangler Rubicon Sahara Sport Jk 20072016, $159.99 (Exhibit B, pgs. 12-13).
44.
The Infringing Products offered for sale and sold by Defendants on the
Amazon.com website include Xprite Latest Front Matte Black Avenger Grille
Grid Grill with Monster Teeth Mesh Insert for Jeep Wrangler Rubicon Sahara
Sport Jk 2007-2016, $159.99 (Exhibit B, pgs. 14-15).
45.
The Infringing Products offered for sale and sold by Defendants on the
Amazon.com website include Xprite Latest Front Matte Black Avenger Grille

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Grid Grill with Skull Mesh Insert for Jeep Wrangler Rubicon Sahara Sport Jk
2007-2016, $159.99 (Exhibit B, pgs. 16-17).
46.
The Infringing Products offered for sale and sold by Defendants on the
Amazon.com website include Xprite Latest Front Matte Black Avenger Grille
Grid Grill with USA American Flag Mesh Insert for Jeep Wrangler Rubicon
Sahara Sport Jk 2007-2016, $159.99 (Exhibit B, pgs. 18-19).
47.
The Infringing Products offered for sale and sold by Defendants on the
Amazon.com website include Xprite Latest Black Avenger Front Matte Grill W/
Mesh Grille Insert aggressive off-road look For Jeep Wrangler Rubicon Sahara JK
JKU 2007-2016, $119.99 (Exhibit B, pg. 20).
48.
Pictured below on the left is FIG. 1 from the 995 Patent with Infringing
Product Part No. ZS-0018K depicted on the right:

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Xprite Spartan Avenger Grill w Steel


Mesh

U.S. Patent No. D749,995

Part No. ZS-0018K


Front Perspective View

Front Perspective View

49.
Pictured below on the left is FIG. 2 from the 995 Patent with the Infringing
Product Part No. ZS-0018K depicted on the right:

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50.
Pictured below on the left is FIG. 3 from the 995 Patent with the Infringing
Product Part No. ZS-0018K depicted on the right:

51.
Pictured below on the left is FIG. 4 from the 995 Patent with the Infringing
Product depicted on the right:

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52.
Pictured below on the left is FIG. 5 from the 995 Patent with the Infringing
Product depicted on the right:

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Xprite Spartan Avenger Grill w Steel Mesh

U.S. Patent No. D749,995

Part No. ZS-0018K

Right Side View

Right Side View

53.
Defendants Infringing Product Part No. ZS-0018K (Exhibit A, pgs. 2, 612) has been offered and sold into this judicial district through Defendants
Xpriteusa.com website.
54.
Defendants Infringing Product Xprite Front Matte Black Avenger Grille
Grid Grill with Mesh Insert for Jeep Wrangler Rubicon Sahara Sport Jk 20072016, $ 129.99 ( Exhibit B, pgs. 1-11) has been offered and sold into this judicial
district through Amazon.com.

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55.
Defendants have shipped Infringing Product Part No. ZS-0018K (Exhibit A,
pgs. 2, 6-12) into this judicial district through their Xpriteusa.com website to
customers located within this judicial district.
56.
Defendants have shipped Infringing Product Xprite Front Matte Black
Avenger Grille Grid Grill with Mesh Insert for Jeep Wrangler Rubicon Sahara
Sport Jk 2007-2016, $ 129.99 (Exhibit B, pgs. 1-11) into this judicial district
through Amazon.com to customers located within this judicial district.
57.
The Defendants manufacture, offer for sale, sale and/or importing of the
Infringing Products, including into this judicial district, has been without the
permission, authority, or license of Omix, and constitutes infringement of the 995
Patent.
58.
The Defendants infringement of the 995 Patent has been for the purpose of
deriving revenue and other financial gain.

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59.
The infringement by Defendants of the 995 Patent has been willful and
intentional.
60.
Defendants have had constructive notice of the 995 Patent by virtue of the
patent markings and disclosures associated with Omixs Rugged Ridge Spartan
Grille that incorporates and embodies the design claimed in the 995 Patent.
61.
On information and belief, Defendants obtained actual knowledge of the
995 Patent.
62.
On information and belief, Defendants acquired one or more marked Omix
Rugged Ridge Spartan Grille products for the purpose of copying the design,
engaging in unfair competition and passing off, and deceiving the public.
63.
Pictured below is an image that is included in a listing of the Infringing
Product by Defendants on Amazon.com, which image includes a photograph of the
front of a red Jeep Wrangler JK, juxtaposed above a picture of the Infringing
Product (Part No. ZS-0018K) and a banner that identifies the product being offered
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for sale by Defendants as the Xprite Avenger Grill for 07-16 Jeep Wrangler.
The image may be found online at https://www.amazon.com/ Xprite-aggressiveoff-road-Wrangler-2007-2016/dp/B01I29YHDG/ref=sr_1_1? ie=UTF8&qid
=1470852368&sr=8-1&keywords=xprite+grill+avenger. A true and accurate copy
of such image from such website, is attached hereto as Exhibit B, page 8.

64.
A similar image including the same photograph of the red Jeep Wrangler JK
juxtaposed above the Infringing Product (Part No. ZS-0018K) is found on page 1
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of the Xprite Installation Guide entitled Black Grille Cover for Jeep JK
Wrangler. This installation guide is included in the shipping materials for the
Infringing Product (Part No. ZS-0018K). A true and accurate copy of the
installation guide is attached as Exhibit D.
65.
Pictured below is copy of a listing of Omixs patented Rugged Ridge
Spartan Grille on Omixs website. Omixs listing includes a photograph of the
Omix Rugged Ridge Spartan Grille installed on a red Jeep Wrangler JK. This
photograph was commissioned by Omix in conjunction with the preparation of its
product advertising materials. A more complete screenshot of this portion of the
Omix website may be seen online at http://www.ruggedridge.com/spartan-grille07-15-jeep-wrangler-jk-12034-01.html#product_tabs_description_tabbed. The
screenshot includes notice of the 995 Patent. A true and accurate copy of the
screenshot is attached hereto as Exhibit E.

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66.
A side-by-side comparison of the photograph of the red Jeep Wrangler JK
used by Defendants on Amazon.com and in their installation guide and of the
photograph of the red Jeep Wrangler JK from Omixs listing is presented below.

PHOTOGRAPH FROM OMIX LISTING SHOWING


OMIX RUGGED RIDGE SPARTAN GRILLE
PRODUCT MOUNTED ON A RED JEEP
WRANGLER

PHOTOGRAPH FROM DEFENDANTS GRAPHIC ON


AMAZON.COM AND INSTALLATION MANUAL

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67.
These two photographs reveal that the Defendants in their advertisements of
the Infringing Product on Amazon.com have misappropriated, copied, publicly
distributed and displayed, and made a derivative work from a photograph
originally commissioned by Omix for Omixs advertising.
68.
The misappropriated and infringing photograph used in Defendants
advertising does not show the Infringing Product being offered, but rather shows
Omixs patented Rugged Ridge Spartan Grille product on a red Jeep.
69.
Defendants are advertising and offering for sale the Infringing Product using
a photograph of the Omix patented Rugged Ridge Spartan Grille product.
70.
Defendants have willfully and intentionally copied Omixs Rugged Ridge
Spartan Grille.
71.
Defendants intended to confuse, deceive and mislead the public through
their wrongful conduct.

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72.
On information and belief, one or more of the Defendants exercises
dominion, authority and control over one or more of the other Defendants in
connection with the wrongful conduct alleged in this action.
73.
On information and belief, one or more of the Defendants is the alter ego
and a mere instrumentality of one or more of the other Defendants in connection
with the wrongful conduct alleged in this action.
74.
Defendants actively and knowingly aided, abetted, induced and participated
in the wrongful conduct alleged in this action
COUNT I
PATENT INFRINGEMENT OF THE 995 PATENT
75.
Omix re-alleges paragraphs 1 through 74, as if fully set forth herein.
76.
Defendants have infringed and are continuing to infringe the 995 Patent by
making, using, offering for sale, selling and/or importing within the United States,

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including within this judicial district, Infringing Products that fall within the scope
of the 995 Patent.
77.
Defendants have also induced infringement of the 995 Patent.
78.
These acts constitute patent infringement under 35 U.S.C. 271(a) and/or
35 U.S.C. 271(b), for which Defendants have no permission, license, or consent
from Omix.
79.
On information and belief, the Defendants will continue to infringe and
induce infringement of the 995 Patent unless enjoined by the Court. Omix is
entitled to an injunction pursuant to 35 U.S.C. 283 restraining Defendants, their
officers, agents, employees, and all persons acting in concert with them from
engaging in further infringement of the 995 Patent.
80.
Omix is entitled to recover damages sustained as a result of the Defendants
infringement and inducement of infringement that are adequate to compensate for
the infringement pursuant to 35 U.S.C. 284, and additional damages for
infringement of a design patent, including all the Defendants profits resulting
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from the infringement pursuant to 35 U.S.C. 289, but in any event no less than a
reasonable royalty pursuant to 35 U.S.C. 284.
81.
Omix is entitled to recover its costs, expenses, and reasonable attorneys
fees incurred in bringing the present action pursuant to 35 U.S.C. 285.
82.
The circumstances of the infringement and inducement of infringement
renders this case an exceptional case under 35 U.S.C. 285, with the appropriate
resulting award.
83.
The circumstances of this case justify enhanced damages under 35 U.S.C.
284, up to three times the damages found or assessed.
COUNT II
COPYRIGHT INFRINGEMENT
84.
Omix re-alleges paragraphs 1 through 83, as if fully set forth herein.

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85.
Omix is the owner of the copyright in the photograph of the red Jeep
Wrangler JK with Omixs patented Rugged Ridge Spartan Grille mounted
thereon (the Copyrighted Work).
86.
Defendants have intentionally and directly, contributorily and/or vicariously
infringed, and/or induced infringement of, Omixs copyright in the Copyrighted
Work. Defendants have used, copied, and reproduced the Copyrighted Work,
made a derivative work from the Copyrighted Work, distributed the Copyrighted
Work and derivative work to the public, and displayed the Copyrighted Work and
the derivative work, all without license or permission from Omix.
87.
Defendants wrongful acts and copyright infringement greatly and
irreparably damage Omix and will continue to damage Omix unless restrained by
this Court. Omix is without an adequate remedy at law.
88.
Omix has been injured by Defendants copyright infringement and is entitled
to damages in an amount to be determined at trial.

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COUNT III
UNFAIR COMPETITION IN VIOLATION
OF SECTION 43(a) OF THE LANHAM ACT
89.
Omix re-alleges paragraphs 1 through 88, as if fully set forth herein.
90.
Defendants wrongful acts constitute unfair competition with Omix in
violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a).
91.
Defendants wrongful acts and unfair competition greatly and irreparably
damage Omix and will continue to damage Omix unless restrained by this Court.
Omix is without an adequate remedy at law.
92.
Omix has been injured by Defendants unfair competition and is entitled to
damages in an amount to be determined at trial.
COUNT IV
UNFAIR AND DECEPTIVE TRADE PRACTICES
IN VIOLATION OF O.C.G.A. 10-1-372
93.
Omix re-alleges paragraphs 1 through 92, as if fully set forth herein.

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94.
Defendants wrongful acts constitute unfair and deception trade practices in
violation of O.C.G.A. 10-1-372.
95.
Defendants wrongful acts and unfair and deceptive trade practices greatly
and irreparably damage Omix and will continue to damage Omix and unless
restrained by this Court. Omix is without an adequate remedy at law.
96.
Omix has been injured by Defendants unfair and deceptive trade practices
and is entitled to damages in an amount to be determined at trial.
COUNT V
FRAUD AND UNFAIR COMPETITION
IN VIOLATION OF O.C.G.A. 23-2-55
97.
Omix re-alleges paragraphs 1 through 96, as if fully set forth herein.
98.
Defendants wrongful acts constitute fraud and unfair competition in
violation of O.C.G.A. 23-2-55.

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99.
Defendants wrongful acts, fraud and unfair competition greatly and
irreparably damage Omix and will continue to damage Omix unless restrained by
this Court. Omix is without an adequate remedy at law.
100.
Omix has been injured by Defendants fraud and unfair competition and is
entitled to damages in an amount to be determined at trial.
COUNT VI
UNFAIR COMPETITION AND DECEPTIVE TRADE PRACTICES
IN VIOLATION OF THE COMMON LAW OF THE STATE OF GEORGIA
101.
Omix re-alleges paragraphs 1 through 100, as if fully set forth herein.
102.
Defendants wrongful acts constitute unfair competition and deceptive trade
practices in violation of the common law of the State of Georgia.
103.
Defendants wrongful acts, unfair competition and deceptive and unfair
trade practices greatly and irreparably damage Omix and will continue to damage
Omix unless restrained by this Court. Omix is without an adequate remedy at law.

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104.
Omix has been injured by Defendants unfair competition and deceptive
trade practices and is entitled to damages in an amount to be determined at trial.

PRAYERS FOR RELIEF


WHEREFORE, Omix prays for an Order of the Court entering judgment in
favor of Omix and against Defendants, jointly and severally, as follows:
A.

That the Defendants have infringed the 995 Patent and have induced

infringement of the 995 Patent;


B.

That Defendants, their officers, agents, employees, successors and

assigns, and all persons acting in concert or participation with them be


preliminarily and permanently enjoined from engaging in further
infringement and inducement of infringement of the 995 Patent;
C.

That Omix be awarded all of the profits generated by Defendants

infringement pursuant to 35 U.S.C. 289;


D.

That Omix be awarded additional damages pursuant to 35 U.S.C.

284 in an amount adequate to compensate Omix for the patent infringement


(in no event less than a reasonable royalty);

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E.

That based on the willful nature of the infringement, the damages be

increased to three times the amount of damages found or assessed, and Omix
be awarded its costs and reasonable attorneys fees, all in accordance with
35 U.S.C. 284-285;
F.

That this case be found exceptional under 35 U.S.C. 285 and Omix

be awarded its reasonable attorneys fees;


G.

That Defendants be required to destroy or surrender all Infringing

Products, at the election of Omix;


H.

That Defendants be required to destroy or surrender tooling used to

manufacture the Infringing Products, at the election of Omix;


I.

That Defendants be directed to file with the Court and serve on Omix,

no later than thirty (30) days after the issuance of an injunction, a report in
writing and under oath setting forth in detail the manner and form in which
Defendants have complied with the Courts injunction;
J.

That Defendants have directly, contributorily and vicariously

infringed, and have induced infringement of Omixs copyright in the


Copyrighted Work ;
K.

That Defendants, their officers, agents, employees, successors and

assigns, and all persons acting in concert or participation with them be


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preliminarily and permanently enjoined from engaging in further


infringement of the Omixs copyright;
L.

That Defendants be required to destroy or surrender all materials

containing the Copyrighted Works or derivatives thereof, at the election of


Omix;
M.

That Omix be awarded actual and statutory damages for Defendants

willful and intentional copyright infringement, in accordance with 17 U.S.C.


504(b) and (c);
N.

That Omix be awarded its costs and reasonable attorneys fees and

expenses of litigation, in accordance with 17 U.S.C. 505;


O.

That Defendants are liable to Omix for unfair competition in violation

of 43(a) of the Lanham Act;


P.

That Defendants are liable to Omix for unfair and deceptive trade

practices in violation of O.C.G.A. 10-1-372;


Q.

That Defendants are liable to Omix for fraud and unfair competition

in violation of O.C.G.A. 23-2-55;


R.

That Defendants are liable to Omix for unfair competition and

deceptive trade practices in violation of the common law of the State of


Georgia;
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S.

That Defendants, their officers, agents, employees, successors and

assigns, and all persons acting in concert or participation with them be


preliminarily and permanently enjoined from engaging in further unfair
competition, unfair and deceptive trade practices and fraud and other
wrongful conduct alleged herein;
T.

That Defendants be directed to file with the Court and serve on Omix,

no later than thirty (30) days after the issuance of an injunction, a report in
writing and under oath setting forth in detail the manner and form in which
Defendants have complied with the Courts injunction;
U.

That Defendants account for and pay over to Omix all profits derived

and all damages resulting from their acts of unfair competition, unfair and
deceptive trade practices and fraud, and that such profits and damages be
trebled and enhanced, in accordance with in accordance with 15 U.S.C.
1117(a) and applicable Georgia law;
V.

That Omix be awarded its awarded its costs of this action, together

with reasonable attorneys fees, expenses of litigation and disbursements in


accordance with 15 U.S.C. 1117(a), O.C.G.A. 10-1-373 and other
applicable Georgia law;

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W.

That Omix be awarded its taxable costs and pre-judgment and post-

judgment interest; and


X.

That Omix be awarded such other and further relief as the Court

deems just and equitable or otherwise proper under the law.

JURY DEMAND
Omix demands a trial by jury of any and all issues to which a right to trial by
jury attaches.

s/ William M. Ragland, Jr.


William M. Ragland, Jr.
Georgia Bar No. 591888
Steven D. Kerr
Georgia Bar No. 002160
WOMBLE CARLYLE SANDRIDGE & RICE LLP
271 17th Street NW, Suite 2400
Atlanta, Georgia 30363
Telephone: (404) 888-7466
Fax: (404) 870-2401
Email: wragland@wcsr.com
Email: skerr@wcsr.com
Attorneys for Plaintiff Omix-ADA, Inc.

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CERTIFICATE OF COMPLIANCE
I hereby certify that the foregoing document complies with LR 7.1(D),
NDGa. The font and point size used in preparing the foregoing is Times New
Roman, 14 point.
This 26th day of August, 2016.

/s/ William M. Ragland, Jr.


William M. Ragland, Jr.
Georgia Bar No. 591888

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