Let S Go Aero v. Amazon - Complaint

Case 1:18-cv-00710 Document 1 Filed 03/26/18 USDC Colorado Page 1 of 14
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO
Civil Action No.
LET’S GO AERO, INC., a Colorado corporation,
Plaintiff,
v.
AMAZON.COM, INC., a Delaware corporation,
Defendant
COMPLAINT AND JURY DEMAND
Plaintiff Let’s Go Aero, Inc., a Colorado corporation (“LGA”), as and for its Complaint
against Amazon.com, Inc., a Delaware corporation (“Amazon”), alleges and states as follows:
SUMMARY OF CASE
1. This is an action for damages and injunctive relief to remedy the intellectual
property infringements of LGA’s patents, copyrighted materials, and trademarks as well as unfair
trade practices by the Defendant as described below through: (a) the unauthorized use, sale,
and/or offer to sell products by Defendant Amazon which infringe, directly or indirectly, on one
or more claims of U.S. Patents held by LGA which relate to its “Silent Hitch Pin®” or “SHP”
and the LGA Bike Rack (collectively, “Accused Products”); and (b) Defendant Amazon’s
unlawful use and infringements of LGA’s rights under its trademarks and copyrighted materials
and Amazon’s unfair trade practices.
2. Non-party Cequent Performance Products, Inc. (n/k/a Horizon Global) is a
manufacturer, importer and supplier of the products described in Exhibit A (“Cequent Accused
Products”), all of which infringed on Plaintiff’s United States Patents after the termination of
Cequent’s license to manufacture and sell such products in January of 2012 and the selloff of
approved remaining inventory, that were then sold through Amazon.
3. Non-Party Wyers Products Group, Inc. is a manufacturer, importer and supplier of
products which it has sold to or through, and continues to sell to Amazon, which infringe on
Plaintiff’s United States Patents to LGA’s Silent Hitch Pin® (“SHP”). These infringing products
include towing products marketed and sold under the names of “TAR 300” and “Anti-Rattle Pin
Receiver Pin” (“Wyers Accused Products”).
4. Amazon, at some time not fully known by Plaintiff, ceased purchasing LGA’s
Silent Hitch Pin, one of the Cequent Accused Products, (sold under Cequent part numbers
7023500, 13143, 63146, 63232, 70235, and 63145-025), from Cequent and acquired and then
sold the infringing Wyers Accused Products from Wyers Products Group, a Colorado
corporation.
PARTIES AND RELEVANT NON-PARTIES
5. Plaintiff LGA is a Colorado corporation with its principal place of business in
Colorado Springs, Colorado.
6. Defendant Amazon is a Delaware corporation with its principal place of business
at 410 Terry Avenue North, Seattle, WA 98109.
7. Non-party Cequent Performance Products, Inc. (“Cequent”) is a Delaware
corporation with its principal place of business in Plymouth, Michigan.
8. Non-party Wyers Products (“Wyers”) is a Colorado corporation with its principal
place of business at 6770 S. Dawson Circle, Suite 200, Centennial, Colorado 80112.
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JURISDICTION AND VENUE
9. This Court has jurisdiction to render declaratory and injunctive relief pursuant to
28 U.S.C. §§ 2201 and 2202 as well as jurisdiction over the claims contained herein for patent
infringement, copyright infringement, and trademark infringement pursuant to the laws of the
United States, including but not limited to 35 U.S.C. §§ 101, et seq., (specifically 35 U.S.C.
§§ 271, 281 to 287, 292), 17 U.S.C. §§ 101, et seq., and 15 U.S.C. § 1125(a) and (c). This Court
also has jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338. Supplemental jurisdiction over
LGA’s state law claims exists pursuant to 28 U.S.C. § 1367 because they are so related to the
other claims that together all of the claims form the same case or controversy.
10. Amazon regularly has and continues to transact business in this judicial district
by, among other things, selling or offering to sell its infringing products and utilizing the LGA
Trademark and Copyrighted Materials to enable such sales or offers to sell to customers located
in this judicial district pursuant to C.R.S. § 13-1-124.
11. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b), (c) and 1400(b).
FACTUAL BACKGROUND
(LGA Inventions and Patents, Trademarks and Copyrighted Works)
12. LGA is the sole assignee and beneficial owner of various patents for inventions
created by its founder and president, Marty L. Williams.
13. LGA is a manufacturer and distributor of a variety of towing products for use
within the camping/recreational cargo transport industry. Its product line can be viewed at
www.letsgoaero.com.
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14. LGA sells its products through national retail and specialty stores throughout the
United States and elsewhere, under its registered and un-registered trademarks and has achieved
a world-wide reputation based upon the quality, design and innovation of LGA’s products.
LGA’S SILENT HITCH PIN® PATENTS
15. The applicable Utility Patents that relate to the Silent Hitch Pin® (also listed as
“SHP”) were assigned to LGA and include Nos. 6,609,725 (“’725 Patent”) (Exhibit B), and
6,945,550 (“’550 Patent”) (Exhibit C).
16. The ‘725 Patent and ‘550 Patent are collectively referred to hereinafter as the
“SHP Patents” and are in full force and effect.
LGA’S BIKE RACK PATENT
17. LGA was assigned Design and Utility Patents for its “VME Bike Rack” product,
Utility Patent No. 8,889,456 and Design Patent Nos. D684,917, D717,716, D717,717 and
D722,289 (“’456 Patent” (Exhibit D) Design Patents D684,917 (Exhibit E), D717,716
(Exhibit F), D717,717 (Exhibit G) and D722,289 (Exhibit H).
18. The ‘456 and Design Patents D684,917, D717,716, D717,717 and D722,289 are
referred to herein as the “Bike Rack Patents.”
LGA’S TRADEMARKS
19. LGA has common law and registered trademarks on the “Silent Hitch Pin®” ,
first used in 1999, via U.S. Trademark Registration No. 4,296,604 (Exhibit I) and Registration
No. 5, 155,387 (Exhibit J) and on the GearCage®, first used in 2004, via U.S. Trademark
Registration No. 4,296,605 (Exhibit K) and for Moover™, first used in 2006, all of which have
become distinctive by the acquisition of secondary meaning pursuant to 15 U.S.C. 1052 (f).
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20. Prior to January 28, 2012, Defendant Amazon was authorized to use these marks
on its sale of Cequent’s properly licensed LGA products and certain products manufactured by
LGA, under a short term agreement between LGA and Cequent. After January 28, 2012,
Cequent’s license was terminated and the private label agreement with LGA ceased, after which
Amazon had no authority to use LGA’s trademarks.
21. Other trademarks owned by LGA may be relevant to LGA’s claims.
LGA COPYRIGHTS
22. LGA owns the copyright for LGA Cargo Rack Operating Manuals, GearCage®
Ramp Accessory, Moover™ Transporter System, GearCage® SP Cargo Rack, GearCage® TT
Cargo Rack, TwinTube U-Build-IT registered with the U.S. Copyright Office, (No. TXu 1-847-
969) (“LGA Copyrights”) (Exhibit L) as well as other copyrights on works of text, line art and
photos which upon discovery may have been infringed by Defendant Amazon.
DEFENDANT’S MISCONDUCT
23. After the termination of Cequent’s license with LGA in January of 2012, and any
approved sell-off of Cequent’s SHP inventory, Amazon was not authorized by LGA to sell any
of the Cequent Accused Products, to copy or use any of LGA manuals and sales materials, or to
use LGA’s trademarks or copyrighted materials.
24. On information and belief, from and after January 29, 2012, and the sell-off of
any remaining inventory, Defendant Amazon has purchased, imported, distributed, sold, offered
to sell, licensed and/or obtained financial benefit from marketing and sale of the infringing
copies of LGA’s patented designs for the Cequent Accused Products without the agreement or
consent of LGA.
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25. On information and belief, Amazon has acquired from Cequent, after the
termination of Cequent’s license and after the sell-off of licensed inventory, the Cequent
Accused Products and sold and falsely promoted the Cequent Accused Products to be LGA’s
products using the “Silent Hitch Pin®”, “Gear Cage®” and “Moover™” trademarks.
26. These sales by Amazon occurred without attribution of true ownership including
by mislabeling or misrepresentation as to the nature of the Cequent Accused Products, and
without consent or authority from LGA to do so.
27. Amazon has used, sold and/or offered for sale within the United States, towing
products that infringe at least claims 1, 2, 3 and 4 of the ‘725 Patent.
28. Amazon has used, sold and/or offered for sale within the United States towing
products, that infringe at least claims 1, 2, 3 and 6 of the ‘550 Patent.
29. Amazon has used, sold and/or offered for sale within the United States, towing
products that infringe at least claims 1-6 of the ‘456 Patent and Design Patents D684,917,
D717,716, D717,717 and D722,289.
30. Amazon has also infringed the SHP Patents by reselling the Wyers Accused
Products, knowing that Wyers is thereby infringing the SHP Patents.
31. Amazon marketed and sold the Cequent Accused Products and the Wyers
Accused Products to the public, representing them to be LGA’s SHPs, LGA’s GearCage® and
LGA’s Bike Racks, while using LGA’s trademarks, “Silent Hitch Pin®,” “GearCage®” and
“Moover™.” On or about September of 2014 Amazon discontinued selling the LGA SHPs it
acquired from Cequent and started selling the infringing SHPs supplied by Wyers to the public
instead. The marketing and product materials Amazon provides to customers, copies, distributes,
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displays, and makes derivative works of photos, line art, text and content created and owned by
LGA and subject to registered copyright (Exhibit L) and thereby infringes LGA’s copyrighted
works.
32. On information and belief, Amazon has been and is now selling the Cequent
Accused Products and Wyers Accused Products infringing on LGA’s rights as supplied by
Wyers and Cequent, and has been and is now distributing copies of LGA’s copyrighted works
through various wholesale and retail outlets, in Colorado and elsewhere.
33. Amazon sells infringing Cequent Accused Products with Plaintiff LGA’s patent
numbers and patent markings. Amazon has also represented to the public that the Cequent
Accused Products and the Wyers Accused Products were genuine LGA SHP, GearCage® and/or
Bike Rack products when Amazon had no such authority. On information and belief, Amazon
acted with knowledge that it was marketing and selling infringing products and counterfeit
goods. The mis-marking and misrepresentation of the Cequent Accused Products and the Wyers
Accused Products, without LGA’s authority or permission, was an essential material element in
Amazon’s marketing of these infringing products.
34. By mis-marking and improperly marketing the Cequent Accused Products and the
Wyers Accused Products, and by misrepresenting that it had LGA’s authority to sell them and
use LGA’s designs, trademarks and patent numbers, Amazon has unfairly competed with LGA,
resulting in lost sales and sales opportunities, and impaired LGA’s ability to gain market share
and customers.
35. Amazon has, alone or in conjunction with others, taken these actions while mis-
marking and falsely misrepresenting their products as LGA’s SHP, GearCage® and Bike Racks,
7
and have misrepresented the facts of invention and ownership of the licensed patents to the
Cequent Accused Products and the Wyers Accused Products sold to the public, knowing those
facts were false.
36. Amazon acted with the intent to injure LGA and to unlawfully profit from LGA’s
innovations of the SHP, Bike Rack and/or GearCage®.
37. LGA has been harmed by Amazon’s trademark infringement and mislabeling of
the Cequent Accused Products and the Wyers Accused Products that Amazon has and sold and
continues to sell to the public, which harm includes damage to LGA’s goodwill.
38. Amazon has conspired with others to violate, LGA’s intellectual property rights
on more than two occasions.
39. Amazon knew or should have known, or acted in reckless disregard of LGA’s
ownership to and rights in the patents for the Cequent Accused Products, the Wyers Accused
Products, LGA’s trademarks and LGA’s copyrights of the works of authorship.
40. LGA has suffered damage flowing from the false representations, mismarking of
products, and infringements by Amazon’s conduct.
CAUSES OF ACTION AND CLAIMS FOR RELIEF
FIRST CLAIM FOR RELIEF

(Direct Infringement of Patents)
41. LGA incorporates fully by reference all of the allegations contained in paragraphs
1 through 42, as set forth above.
42. Since at least January 29, 2012 and to the present, Amazon has and continues to
willfully and knowingly purchase, use, distribute, license, sell and/or offer for sale products
8
which infringe LGA’s patents in SHP and the Bike Rack without right and in violation of LGA’s
rights therein.
43. Amazon is a reseller of the Cequent Accused Products and the Wyers hitch pin,
and knows those products infringe LGA’s Patents set forth above.
44. By way of Amazon’s trademark infringement and use of SHP’s patent marking,
consumers have been confused by Amazon’s sale of products and have called on LGA to provide
customer service or warranty work on those products. To protect its reputation, LGA has
provided these consumers with customer service and warranty work.
45. Amazon’s infringements are and at all times have been willful, deliberate, and
intentional and with full knowledge of LGA’s rights in the Cequent and Wyers’ Accused
Products.
46. The acts alleged above will continue unless Amazon is enjoined by this Court.
47. Amazon has damaged LGA by reducing LGA’s sales, injuring LGA’s reputation
and deceiving the public, thus causing LGA irreparable harm, the extent of which is presently
unknown. LGA has no adequate remedy at law and injunctive relief, both preliminary and
permanent, should be granted.
48. Amazon should be required to account to LGA for its profits from its
infringement of the Bike Rack design patents from and after January 29, 2012, or as of the date
of issue of each design patent. LGA should also be awarded its damages for the utility patent
infringement as against Amazon in an amount adequate to compensate for such infringements,
but in no event less than a reasonable royalty for the use made by Amazon as provided by 35
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U.S.C. § 284, together with reasonable attorneys’ fees pursuant to 35 U.S.C. § 285 and such
other damages as may be allowable by law due to the exceptional nature of the infringement.
SECOND CLAIM FOR RELIEF

(Inducement and Contributory Infringement Of The `550 And `456 Patents)
50. Defendant Amazon had actual knowledge of the `550 and `456 Patents.
51. Defendant Amazon sold Infringing Product, supplied by non-party Cequent or
Wyers, which infringe LGA's patents by selling Silent Hitch Pin or Anti Rattle hitch pins, and V
rack bicycle racks, under the Sport Wing brand or other label with knowledge that the products
infringed when used as intended.
52. Defendant Amazon is liable to Plaintiff LGA for damages for inducing or
contributing to the infringement of the `550 and `456 Patents as provided by 35 U.S.C. §271(b).
THIRD CLAIM FOR RELIEF

(Trademark Infringement and Unfair Competition)
54. LGA is owner of the LGA Trademarks identified as “GearCage®,”
“GearSpace®,” “GearDeck®,” “TwinTube®” and “Silent Hitch Pin®” both by way of common
law rights through direct use and licensed use, and by way of registration at the USPTO. LGA
also owns the common law trademark rights in Moover™.
55. The LGA’s rights in the Trademarks are valid and by way of secondary meaning
protectable.
10
56. On information and belief, Amazon has, since January 29, 2012 or after,
authorized the sell-off of products licensed by LGA to Cequent, infringed on LGA’s Trademarks
and competed unfairly in violation of the Colorado Consumer Protection Act 6-1-101 et seq. and
Federal Lanham Act 15 U.S.C. § 1125(a) by using and displaying them in commerce in multiple
retail outlets and on the internet, without the permission of LGA, in advertising and packaging
for products sold or supplied to others in violation of LGA’s rights in the LGA Trademarks, and
all to the detriment and damage of LGA. Such representations by Amazon are either false,
misleading or have a tendency to deceive consumers purchasing these products.
57. Amazon’s affirmative and material misrepresentations in commercial advertising
and promotion have been disseminated to its customers and potential customers, many, if not all,
of whom are also customers or potential customers of LGA, which is likely to cause confusion.
The marks are similar, if not identical.
58. Customers have been actually confused and/or deceived by the false claims
published by Amazon. LGA and Amazon market the same products and use some of the same
marketing channels in Colorado. Amazon’s advertising and promotion are likely to further
deceive existing and potential customers of the parties by implying a licensing relationship
between the parties and/or by implying deficiencies in LGA’s products that do not exist.
59. The actions of Amazon have and are likely to continue to injure LGA by
confusing the public and by causing LGA to lose customers and sales, resulting in business
losses in an amount to be determined at trial and that are presently unknown to LGA, but that are
believed to be substantial and are accumulating on an ongoing basis. Because of Amazon’s
intentional and willful infringement, LGA is entitled to recover Amazon’s profits, LGA’s
11
damages, including trebled amount, prejudgment interest, and costs as provided by C.R.S. 6-1-
113 and 15 U.S.C. § 1117 (a), (b) and (c). Further, the facts support recovery of LGA’s
attorneys’ fees because the infringement is exceptional.
60. The actions of Amazon have and will continue to cause LGA substantial harm.
LGA has a reasonable interest in its products, which interest has been harmed or is subject to
harm from the affirmative misrepresentations of Amazon.
61. The damage to LGA’s reputation and goodwill is continuing. Amazon has caused
and continues to cause irreparable harm to LGA for which LGA is entitled to preliminary and
permanent injunctive relief.
FOURTH CLAIM FOR RELIEF

(Passing Off)
63. The Cequent Accused Products and the Wyers Accused Products (which include
knock-offs of the Silent Hitch Pin® and GearCage®) that have been marketed and sold by
Amazon, were obtained by Amazon from Cequent and Wyers.
64. Amazon falsely designated and misrepresented the origin of the Cequent Accused
Products and the Wyers Accused Products it sold to the public and represented to the public that
LGA was the origin of those products by the use of LGA’s trademarks.
65. Amazon’s false designation of the origin of these products was likely to cause and
has caused customer confusion.
66. LGA has been harmed by Amazon’s false designation of the origin of the Cequent
Accused Products and the Wyers Accused Products sold to the public, which harm includes. but
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is not limited to, damage to LGA’s goodwill from Amazon’s sale of defective or inferior
products intended to resemble LGA’s SHP and GearCage® products.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Let’s Go Aero, Inc. requests that the Court:
a. award LGA compensatory and multiplied damages against Amazon , for
amounts to be proven at trial, to the fullest extent provided by law;
b. order Amazon to account for all sales, purchases, revenues and profits
derived from its or their improper use and sale of LGA’s SHPs and Bike
Racks and to disgorge the profits forthwith or, alternatively, for judgment
in the amount of at least a reasonable royalty;
c. order Amazon to account for all sales, revenues and profits derived from
its sales of products that improperly used LGA’s trademarks;
d. award LGA pre-judgment interest and its reasonable attorneys’ fees and
costs to the fullest extent provided by law and equity and for such other
and further relief as the nature of the case may require;
e. issue preliminary and permanent injunctions enjoining Defendant Amazon
and its affiliated officers, directors, representatives, successors and assigns
and all those in active concert or active participation with either of them:
i. from advertising or selling the infringing products and,
ii. from aiding, abetting or inducing in any way the sale thereof by
others without LGA’s consent;
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f. order Amazon to undertake a corrective advertising campaign to rectify
the confusion, deception, or misrepresentations caused by their illegal
actions; and,
g. grant such other and further relief as the nature of the case may require.
PLAINTIFF REQUESTS TRIAL BY JURY ON ALL CLAIMS SO TRIABLE
Respectfully submitted this 26th day of March, 2018.
S&D Law
By: /s/ Thomas M. Haskins III

Thomas M. Haskins III (#17651)
Martin D. Beier (#20188)
1801 York Street
Denver, CO 80206
(303) 399-3000
haskinst@s-d.com
beierm@s-d.com
J. Mark Smith (#973)

BERG HILL GREENLEAF RUSCITTI LLP
1525 17th Street
Denver, CO 80202
303.402.1600
jms@bhgrlaw.com
ATTORNEYS FOR PLAINTIFF
GW8621
14
Case 1:18-cv-00710 Document 1-1 Filed 03/26/18 USDC Colorado Page 1 of 2
EXHIBIT A
Accused Product & part number/sku sold by Cequent

GearCage TM SP P/N 5800200
GearCage TM Ramp P/N 5800300
GearCageTM Hardware Kit P/N 58395
GearCage TM Skid Tape P/N 5800600
GearCage TM D-Rings P/N 5800700
GearCageTM Platform P/N 5802100
GearCageTM Replacement Hardware P/N 58394
GearCageTM TransporterTM P/N 5801600
GearCage LGA Basket P/N 5800400
Silent Hitch Pin U-Haul P/N 13143
Silent Hitch PinTM Class III for 2" P/N 63232
Silent Hitch PinTM 25-pack P/N 63232-025
Silent Hitch PinTM w/Handle P/N 63146 AND 63146-25
Silent Hitch PinTM w/Clip single and 25-Pack P/N 63145 -1 and -025
Anti-Rattle Hitch PinTM P/N 70235 AND 70235-25
Lock Silent Hitch Pin P/N 63140 AND 63140-25
Silent Hitch Pin 1.25 P/N 63147 AND 63147-25
Pin & Clip P/N 63232 AND 63232-25
Silent Hitch Pin P/N 7023500
Silent Hitch Pin P/N 7023533
Rola NV2 Bike Carrier P/N 59508
Rola NV2 Bike Carrier P/N 59608
SportWing Aluminum 2 Bike P/N 5801200
SportWing Steel 2 Bike P/N 1370100
Accessory Shank P/N 1370800
SportWing Steel 4 Bike P/N 1370500
SportWing Aluminum 4 Bike P/N 1370400
Steel 2 Bike P/N 1375100
Steel 4 Bike P/N 1375500
Steel 2 bike P/N 1390000
Steel 4-Bike P/N 1390500
RV 2 Bike P/N 38175
SportWing Hitch Mount 1.25 and 2” P/N 13751
SportWing Hitch Mount 2” P/N 13755
SportWing Trunk Mount P/N 13765
TT replacement P/N 5802400
Gear Space P/N 59105
Gear Space P/N 50106
Lock tite. Anti rattle pin. , redesigned spring P/N 63100 1 and -25
EXHIBIT B
EXHIBIT C
EXHIBIT D
Exhibit D
EXHIBIT E
Exhibit E
EXHIBIT F
Exhibit F
EXHIBIT G
Exhibit G
EXHIBIT H
Exhibit H
EXHIBIT I
Exhibit I
EXHIBIT J
Reg. No. 5,155,387 Let's Go Aero, Inc. (COLORADO CORPORATION), FORMERLY Let's Go Aero LGAHC
CORPORATION COLORADO ,
Registered Mar. 07, 2017 4474 Barnes Rd.
Colorado Springs, CO 80917
Int. Cl.: 12 CLASS 12: Metal locking device for trailer hitch couplers; Trailer hitch coupler parts,
namely, anti-vibration device for trailer hitch pin and trailer hitch pin; cargo hitch pin for land
Trademark vehicles; Trailer hitch parts, namely, hitch pin for hitch-receiver mounting system and an
anti-rattle device for trailer hitch pin; Trailer hitch parts, namely, ball mounts, hitchballs,
Principal Register hitch ball covers, trailer couplings and hitch covers; Cargo accessories for land vehicles,
namely, automotive cargo racks, cargo carriers for vehicles, and steps for attachment to land
vehicles to help user reach top cargo carriers and cargo racks; carrier accessories, namely,
cartop canoe and kayak carrier kits; travel accessories, namely, car-top luggage carriers;
transportation and trucking accessories, namely, truck bed storage organizers; moving
accessories, namely, travel trailers
FIRST USE 9-25-2000; IN COMMERCE 9-25-2000
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY

PARTICULAR FONT STYLE, SIZE OR COLOR
No claim is made to the exclusive right to use the following apart from the mark as shown:
"HITCH PIN"
SEC.2(F)
SER. NO. 87-107,342, FILED 07-18-2016

TIMOTHY O SCHIMPF, EXAMINING ATTORNEY
REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION
WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE

DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requirements in the First Ten Years*

What and When to File:
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.
Requirements in Successive Ten-Year Periods*

What and When to File:
You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*
Grace Period Filings*
The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.
*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an

extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).
The time periods for filing are based on the U.S. registration date (not the international registration date). The
deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for
nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations
do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying
international registration at the International Bureau of the World Intellectual Property Organization, under
Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the
date of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the
international registration, see http://www.wipo.int/madrid/en/.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.
NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.
Page: 2 of 2 / RN # 5155387
EXHIBIT K
EXHIBIT L

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Case 1:18-cv-00710 Document 1 Filed 03/26/18 USDC Colorado Page 1 of 14

IN THE UNITED STATES DISTRICT COURT

Civil Action No.

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

AMAZON.COM, INC., a Delaware corporation,

COMPLAINT AND JURY DEMAND

and Amazon’s unfair trade practices.

2. Non-party Cequent Performance Products, Inc. (n/k/a Horizon Global) is a

approved remaining inventory, that were then sold through Amazon.

3. Non-Party Wyers Products Group, Inc. is a manufacturer, importer and supplier of

Receiver Pin” (“Wyers Accused Products”).

PARTIES AND RELEVANT NON-PARTIES

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

Colorado Springs, Colorado.

6. Defendant Amazon is a Delaware corporation with its principal place of business

at 410 Terry Avenue North, Seattle, WA 98109.

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

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

8. Non-party Wyers Products (“Wyers”) is a Colorado corporation with its principal

JURISDICTION AND VENUE

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

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

LGA’S SILENT HITCH PIN® PATENTS

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

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

LGA’S BIKE RACK PATENT

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

referred to herein as the “Bike Rack Patents.”

Amazon had no authority to use LGA’s trademarks.

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

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

use LGA’s trademarks or copyrighted materials.

by mislabeling or misrepresentation as to the nature of the Cequent Accused Products, and

without consent or authority from LGA to do so.

products that infringe at least claims 1, 2, 3 and 4 of the ‘725 Patent.

products, that infringe at least claims 1, 2, 3 and 6 of the ‘550 Patent.

D717,716, D717,717 and D722,289.

Products, knowing that Wyers is thereby infringing the SHP Patents.

through various wholesale and retail outlets, in Colorado and elsewhere.

Amazon’s marketing of these infringing products.

facts were false.

innovations of the SHP, Bike Rack and/or GearCage®.

on more than two occasions.

Products, LGA’s trademarks and LGA’s copyrights of the works of authorship.

products, and infringements by Amazon’s conduct.

CAUSES OF ACTION AND CLAIMS FOR RELIEF

FIRST CLAIM FOR RELIEF

1 through 42, as set forth above.

provided these consumers with customer service and warranty work.

permanent, should be granted.

infringement as against Amazon in an amount adequate to compensate for such infringements,

SECOND CLAIM FOR RELIEF

1 through 50, as set forth above.

51. Defendant Amazon sold Infringing Product, supplied by non-party Cequent or

infringed when used as intended.

THIRD CLAIM FOR RELIEF

1 through 54, as set forth above.

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

also owns the common law trademark rights in Moover™.

misleading or have a tendency to deceive consumers purchasing these products.

57. Amazon’s affirmative and material misrepresentations in commercial advertising

The marks are similar, if not identical.

believed to be substantial and are accumulating on an ongoing basis. Because of Amazon’s