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Case 2:19-cv-06431 Document 1 Filed 07/24/19 Page 1 of 28 Page ID #:1

Tommy SF Wang (SBN: 272409)


1
Chieh An Chen (SBN:306296)
2 WANG IP LAW GROUP, P.C.
18645 E. Gale Ave., Suite 205
3
City of Industry, CA 91748
4 Telephone: (626) 269-6753
Facsimile: (888) 827-8880
5 Email: twang@thewangiplaw.com, achen@thewangiplaw.com
6
Attorneys for Plaintiff Tailai Ting and Calhome Inc.
7
UNITED STATES DISTRICT
8
CENTRAL DISTRICT OF CALIFORNIA
9
TAILAI TING, an Individual, and Case No.:
10 CALHOME INC., a California
11 Corporation, PLAINTIFFS’ COMPLAINT FOR
DAMAGES AND PERMANENT
12 INJUNCTION FOR:
13 Plaintiffs, 1. DESIGN PATENT
INFRINGEMENT;
14 vs. 2. FALSE ADVERTISING;
3. CALIFORNIA COMMON LAW
15
COVINA ACCESSORIES, LLC, a UNFAIR COMPETITION;
16 California Limited Liability Company, 4. UNFAIR COMPETITION (Cal.
RUI LAI, an Individual, AA Bus. & Prof. Code § 17200);
17
PRODUCTS INTERNATIONAL INC., 5. INTENTIONAL
18 a California Corporation, THOMAS K INTERFERENCE WITH
LEE, an Individual, LEADER PROSPECTIVE ECONOMIC
19 RELATIONS;
ACCESSORIES LLC, a Limited
20 Liability Company, and DOES 1 to 10, 6. UNJUST ENRICHMENT; AND
7. DEMAND FOR ACCOUNTING
21 Defendants.
[Unlimited]
22
JURY TRIAL DEMANDED
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PLAINTIFF TAILAI TING (hereinafter “Plaintiff” or “TING”) and
24
CALHOME INC. (hereinafter “Plaintiff” or “CALHOME,” collectively,
25

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PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
27 DEMAND FOR JURY TRIAL
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Case 2:19-cv-06431 Document 1 Filed 07/24/19 Page 2 of 28 Page ID #:2

1 “Plaintiffs”) hereby file this Complaint against Defendants COVINA


2 ACCESSORIES, LLC (hereinafter “COVINA”), a California Limited Liability
3 Company, RUI LAI (hereinafter “LAI”), an Individual, AA PRODUCTS
4 INTERNATIONAL INC. (hereinafter “AA PRODUCTS”), a California
5 Corporation, THOMAS K LEE (hereinafter “LEE”), an Individual, LEADER
6 ACCESSORIES LLC (hereinafter “LEADER”), a Limited Liability Company, and
7 DOES 1 to 10 (collectively, “Defendants”), and alleges as follows:
8 INTRODUCTION
9 1. This action concerns Defendants’ willful and blatant infringement of
10 Plaintiffs’ protectable rights in and to the design patent of “TMS 800 LB
11 Adjustable Fit 2 Bars Utility Ladder Truck Pick up Rack Kayak Contractor
12 Lumber Utility” (“TMS Truck Rack”) and “TMS 800LB Universal Pick Up Truck
13 Ladder Rack Contractor Pick Up Rack Lumber Utility” (“TMS Flat Rack”).
14 Plaintiffs seek damages, attorneys’ fees, costs, pre-judgment and post-judgment
15 interest, and preliminary and permanent injunctive relief.
16 JURISDICTION AND VENUE
17 2. This action arises under 35 U.S.C. §§ 271, 281, 283, 284 and 285.
18 This Court has jurisdiction over the subject matter of this action pursuant to 28
19 U.S.C. § 1331 and 1332, and 28 U.S.C. § 1338. This Court has supplemental
20 jurisdiction over California state law and common law claims pursuant to 28 U.S.C.
21 § 1367(a).
22 3. This Court has personal jurisdiction over Defendants, as Defendants
23 have engaged in acts of patent infringement in the United States and in the Central
24 District of California. Specifically, Defendants have purposely and intentionally
25 subjected itself to the privileges of doing business in the State of California by
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PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
27 DEMAND FOR JURY TRIAL
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Case 2:19-cv-06431 Document 1 Filed 07/24/19 Page 3 of 28 Page ID #:3

1 placing its goods in the stream of commerce with the intent that they would be sold
2 in California. Defendants have offered for sale and sold products in the State of
3 California, which infringe upon certain design patents owned by TING.
4 4. Supplemental jurisdiction exists over Defendants because on
5 information and belief, Defendants conduct business in California and in this
6 judicial district, has purposefully availed itself to California in this judicial district,
7 or has otherwise availed itself of the privileges and protections of the law of the
8 State of California such that this Court’s assertion of jurisdiction over Defendants
9 does not offend traditional notions of fair play and justice.
10 5. Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b)
11 and 1400(b), as Defendants have committed acts of infringement in this judicial
12 district.
13 THE PARTIES
14 1. Plaintiff TING, is, and at all relevant times herein, was, an individual
15 who resides in the State of California.
16 2. Plaintiff CALHOME, is, and at all relevant times herein, was a
17 California corporation with its principal place of business in 2550 Fulton Road, #A,
18 Pomona, CA 91767.
19 3. Plaintiff TING is the sole shareholder of Plaintiff CALHOME.
20 4. Plaintiffs are informed and believe, and based thereon allege, that
21 Defendant COVINA is, and at all relevant times was, a California limited liability
22 company with its principal place of business at 2235 E. Locust Ct., Ontario, CA
23 91761.
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PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
27 DEMAND FOR JURY TRIAL
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1 5. Plaintiffs are informed and believe, and based thereon allege, that
2 Defendant LAI is, and at all relevant time was, an individual who resides in the
3 State of California.
4 6. Plaintiffs are informed and believe, and based thereon allege, that
5 Defendant LAI is the General Manager and Agent of Defendant COVINA.
6 7. Plaintiffs are informed and believe, and based thereon allege, that
7 Defendant AA PRODUCTS is, and at all relevant times was, a California
8 corporation with its principal place of business at 450 2nd Ave., San Francisco, CA
9 94118.
10 8. Plaintiffs are informed and believe, and based thereon allege, that
11 Defendant LEE is, and at all relevant time was, an individual who resides in the
12 State of California.
13 9. Plaintiffs are informed and believe, and based thereon allege, that
14 Defendant LEE is the Chief Executive Officer, Director and Agent of Defendant
15 AA PRODUCTS.
16 10. Plaintiffs are informed and believe, and based thereon allege, that
17 Defendant LEADER is, and at all relevant times was, a limited liability company
18 with its principal place of business at 2235 E. Locust Ct., Ontario, CA 91761,
19 which is the same address as Defendant COVINA.
20 11. Upon information and belief, Defendants are marketing, advertising,
21 promoting, importing, offering for sale, and/or selling the organization products as
22 described in further detail below.
23 12. Plaintiffs do not know the true names, identities and capacities of
24 Defendants sued herein as DOES 1 to 10, and therefore sues these Defendants by
25 such fictitious names. At such time as Plaintiffs learn the true names, identities,
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PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
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Case 2:19-cv-06431 Document 1 Filed 07/24/19 Page 5 of 28 Page ID #:5

1 and capacities of Defendants DOES 1 to 10, Plaintiffs will amend this Complaint
2 to reflect such names and capacities. Plaintiffs are informed and believe, and
3 thereon allege that Defendants DOES 1 to 10, are responsible in some manner for
4 the actions alleged herein and the damages caused to Plaintiffs.
5 THE PATENTS IN SUIT
6 13. On or about May 24, 2013, TING filed an application for a design
7 patent on “Truck Rack.” On or about February 3, 2015, the United States Patent
8 and Trademark Office (“USPTO”) duly granted U.S. Patent No. D722,007 S (“the
9 ‘007 Patent”) to TING. A copy of the ‘007 Patent is attached as Exhibit 1 to this
10 Complaint.
11 14. On or about October 11, 2016, Plaintiff TING filed an application for
12 a design patent on “Truck Rack.” On or about March 26, 2019, the United States
13 Patent and Trademark Office (“USPTO”) duly granted U.S. Patent No. D843,922 S
14 (“the ‘922 Patent”) to Plaintiff. A copy of the ‘922 Patent is attached as Exhibit 2
15 to this Complaint.
16 15. The ‘007 Patent and ‘922 Patent are referred to as “Asserted Patent.”
17 16. Plaintiff TING is the sole and exclusive owner of, and has the sole and
18 exclusive right to grant licenses for Asserted Patent.
19 17. Plaintiff TING grants to the Plaintiff CALHOME the exclusive right
20 and license to manufacture, sell and use apparatus embodying, employing and
21 containing the inventions patented in the Asserted Patent throughout the United
22 States.
23 FACTUAL BACKGROUND
24 18. Plaintiff CALHOME produces truck accessories for consumers to
25 haul bigger and longer items that the average pick-up truck bed cannot fit.
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PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
27 DEMAND FOR JURY TRIAL
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Case 2:19-cv-06431 Document 1 Filed 07/24/19 Page 6 of 28 Page ID #:6

1 19. Plaintiff TING is an owner of the Asserted Patent and has all rights
2 thereunder, including the right and standing to enforce the Asserted Patent.
3 20. Plaintiff TING is the sole shareholder of Plaintiff CALHOME and
4 authorizes CALHOME to enforce the all rights of Asserted Patent.
5 21. Plaintiffs are fiercely protective of the superior quality and
6 practicability, as well as the user-oriented design, that its product has come to
7 represent, closely monitoring the manufacturing and marketing of its products.
8 PLAINTIFFS’ U.S. PATENT NO. D722,007 S
9 22. Plaintiffs sell their product based on the ‘007 Patent as “TMS 800 LB
10 Adjustable Fit 2 Bars Utility Ladder Truck Pick up Rack Kayak Contractor
11 Lumber Utility” (“TMS Truck Rack”) on Amazon.com, the online shopping
12 platform. Plaintiffs sell their product based on the ‘007 Patent on other online
13 shopping platforms as well, including but not limited to Walmart.com and
14 eBay.com.
15 23. The TMS Truck Rack has approximately 542 customer reviews and
16 has earned nearly a four and a half star rating from customers. A printout showing
17 the sale of the TMS Truck Rack is attached as Exhibit 3 to this Complaint.
18 24. Plaintiffs’ TMS Truck Rack is designed distinctively with the
19 following features: (1) 800 lb. weight capacity; (2) adjustable width from 5 to 7
20 feet; (3) easy to install; (4) item weight of approximately 50 pounds; (5) extended
21 end-bars that rise above the cross-bar; (6) maximum 30 inches not including the
22 height of the truck bed; and (7) uses steel bars.
23 25. The above-described characteristics and design together constitute
24 Plaintiffs’ ‘007 Patent, in which Plaintiffs own protectable rights. On or around
25 March of 2019, Plaintiffs discovered that Defendants were manufacturing and
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PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
27 DEMAND FOR JURY TRIAL
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Case 2:19-cv-06431 Document 1 Filed 07/24/19 Page 7 of 28 Page ID #:7

1 selling a version of the TMS Truck Rack branded as “AA-Racks Model X35
2 800lbs Capacity Extendable Steel Pick-Up Truck Ladder Rack Two-bar Set -
3 Matte Black” (“AA X35”) and the same AA X35 model with 8 c-clamps
4 (collectively, “Infringing Products”) on the Internet that infringed upon Plaintiffs’
5 ‘007 Patent. The design of the AA X35 is substantially the same as the design that
6 is the subject matter of the ‘007 Design Patent. See Exhibit 4.
7 26. Defendants’ infringing product, AA X35, contains the following
8 characteristics over their various online postings: (1) loading capacity of 800 lbs.;
9 (2) extendable design to make it compatible with different truck beds; (3) easy
10 instillation; (4) item weight of approximately 50 pounds; (5) top section built with
11 two “T” sleeve bars plus middle cross bar; (6) measured height of 30.5 inches; and
12 (7) uses steel bars.
13 27. Also on or around March of 2019, Plaintiffs discovered that
14 Defendant AA PRODUCTS INTERNATIONAL INC. was selling the AA X35 on
15 its website, https://www.aaproductsinc.com/. See Exhibit 4.
16 28. Below is a comparison of the description of the TMS Truck Rack and
17 the infringing product, AA X35, on Amazon.com and Defendants’ website
18 showing substantially similar characteristics:
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PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
27 DEMAND FOR JURY TRIAL
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Case 2:19-cv-06431 Document 1 Filed 07/24/19 Page 8 of 28 Page ID #:8

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11 Plaintiffs’ Listing on Amazon

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21 Defendants’ Listing AA X35 on Amazon


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PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
27 DEMAND FOR JURY TRIAL
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Case 2:19-cv-06431 Document 1 Filed 07/24/19 Page 9 of 28 Page ID #:9

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Defendants’ Listing AA X35 with c-clamps on Amazon
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Defendants’ Listing AA X35 on Defendant AA PRODUCTS’s Website
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PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
27 DEMAND FOR JURY TRIAL
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Case 2:19-cv-06431 Document 1 Filed 07/24/19 Page 10 of 28 Page ID #:10

1 29. The comparison of the combined descriptions of the AA X35 with the
2 description of the TMS Truck Rack shows the similarities and infringement of
3 Defendants’ product. Both products have the same loading capacity, adjustable
4 width design, easy instillation, item weight of approximately 50 pounds, a design
5 intended to have the end bars extend above the crossbar, approximate height, and
6 use the same construction material, namely, steel. The AA X35 product mirrors
7 Plaintiffs’ product, the TMS Truck Rack, on Amazon.com and Defendants’
8 website. Defendants’ listing titles use nearly every single word from Plaintiffs’
9 listing title in one listing or another. Defendants thus have a clear intention to
10 confuse customers by presenting the same product with the same description and
11 key title words as Plaintiffs’ product.
12 30. A further comparison of the graphics of Plaintiff’s ‘007 Patent and the
13 photograph of the Defendants’ AA X35 also indicates approximately same
14 characteristics:
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U.S. Patent No. D722,007 S Defendants’ Listings
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PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
27 DEMAND FOR JURY TRIAL
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Case 2:19-cv-06431 Document 1 Filed 07/24/19 Page 11 of 28 Page ID #:11

1 31. The simple comparison of the graphics shows that Defendants do not
2 make any significant changes in the design of the infringing product. Both products
3 feature an extendable cross bar with the end bars extending above the cross bar and
4 a wider base to mount on truck beds. Each product’s purpose is to allow trucks to
5 carry items that would be too long to normally fit in the truck’s bed, such as
6 ladders, lumber, pipes, kayaks, etc.
7 32. Further, on or around March 11, 2019, Plaintiff placed the order on
8 Amazon for AA X35. Even the storefront name on Amazon is AA PRODUCTS,
9 the packaging label shows the infringing product AA X35 was shipped from
10 LEADER and the individual shipper’s name was Raymond Lai. Raymond Lai is
11 also the owner of Defendant COVINA. Attached please see the true and correct
12 copy of the packaging label as Exhibit 7. Upon information and belief, Defendant
13 AA PRODUCTS, Defendant COVINA and Defendant LEADER are sharing the
14 same Amazon storefront account selling the infringing product AA X35.
15 33. Upon information and belief, Plaintiffs allege that Defendants’ AA
16 X35 product was, and still is, being manufactured, packaged and marketed using
17 the similar description and the same exact design and characteristic in product size
18 and purpose, as Plaintiffs’ TMS Truck Rack. Defendants’ infringing product is
19 substantially identical to Plaintiff’s TMS Truck Rack.
20 34. Upon information and belief, Defendants are offering for sale, selling,
21 importing into the United States, or otherwise distributing the AA X35, which
22 infringed on Plaintiffs’ ‘007 Patent. A printout of the infringing product that the
23 Defendants continue to sell on Amazon.com and on its website,
24 www.aaproductsinc.com is attached as Exhibit 4.
25 PLAINTIFFS’ U.S. PATENT NO. D843,922 S
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PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
27 DEMAND FOR JURY TRIAL
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Case 2:19-cv-06431 Document 1 Filed 07/24/19 Page 12 of 28 Page ID #:12

1 35. Plaintiff sells its product based on the Asserted Patent as “TMS
2 800LB Universal Pick Up Truck Ladder Rack Contractor Pick Up Rack Lumber
3 Utility” (“TMS Flat Rack”) on Amazon.com, the online shopping platform.
4 Plaintiffs sell their product based on the ‘922 Patent on other online shopping
5 platforms as well, including but not limited to Walmart.com and eBay.com.
6 36. The TMS Flat Rack has earned over a four star customer rating. A
7 printout showing the sale of the TMS Flat Rack is attached to this Complaint as
8 Exhibit 5.
9 37. Plaintiff’s TMS Flat Rack is designed distinctively with the following
10 features: (1) 800 lb. weight capacity; (2) adjustable width from 5 to 7 feet; (3) easy
11 to install; (4) item weight of approximately 55 pounds; (5) a flat cross bar that
12 extends past the end bars; (6) maximum 30 inches not including the height of the
13 truck bed; and (7) uses steel bars.
14 38. The above-described characteristics and design together constitute the
15 Plaintiff’s ‘922 Patent, in which Plaintiff owns protectable rights.
16 39. On or around March of 2019, Plaintiff discovered that Defendants
17 were manufacturing and selling versions of the TMS Flat Rack branded as “AA-
18 Racks Universal 800lbs Pick-Up Truck Ladder Rack Adjustable Steel 2 Bar Set
19 Lumber Utility Carrier Rack” (“AA X3502”) on the internet that infringed upon
20 Plaintiff’s ‘922 Patent. The design of the AA X3502 is substantially the same as
21 the design that is the subject matter of the ‘922 Patent.
22 40. Defendants’ infringing product, the AA X3502, contains the following
23 characteristics: (1) loading capacity of 800 lbs.; (2) extendable design to make it
24 compatible with different truck beds; (5) top section built with two “T” sleeve bars
25 plus middle cross bar; (6) measured height of 30.5 inches; and (7) uses steel bars.
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PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
27 DEMAND FOR JURY TRIAL
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Case 2:19-cv-06431 Document 1 Filed 07/24/19 Page 13 of 28 Page ID #:13

1 41. Below is a comparison of the description of the TMS Flat Rack from
2 Amazon.com and the infringing product, AA X3502, from eBay.com and
3 Defendants’ website showing substantially similar characteristics:
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12 Plaintiffs’ Listing on Amazon


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Defendants’ Listing on eBay
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23 Defendants’ Listing from Covina Accessories on eBay


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17 Defendants’ Listing on Defendant AA PRODUCTS INTERNATIONAL INC.’s


18 Website
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20 42. The comparison of the combined descriptions of the AA X35 with the
21 description of the TMS Truck Rack shows the similarities and infringement of
22 Defendants’ product. Both products have the same loading capacity, adjustable
23 width design, easy instillation, item weight of approximately 50 pounds, a design
24 intended to have the end bars extend above the crossbar, approximate height, and
25 use the same construction material, namely, steel. The AA X35 product mirrors
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PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
27 DEMAND FOR JURY TRIAL
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Case 2:19-cv-06431 Document 1 Filed 07/24/19 Page 16 of 28 Page ID #:16

1 Plaintiffs’ product, the TMS Truck Rack, on Amazon.com and Defendants’


2 website. Defendants’ listing titles use nearly every single word from Plaintiffs’
3 listing title in one listing or another. Defendants thus have a clear intention to
4 confuse customers by presenting the same product with the same description and
5 key title words as Plaintiffs’ product.
6 43. A further comparison of the graphic of Plaintiff’s ‘922 Patent and the
7 photographs used by Defendants’ AA X3502 also indicates approximately same
8 characteristics:
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U.S. Patent No. D843,922 S Defendants’ Listing
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44. The simple comparison of the graphics shows that Defendants do not
22
make any significant changes in the design of the infringing product. Both products
23
feature an extendable flat cross bar that extends past the end bars and a wider base
24
to mount on truck beds. Each product’s purpose is to allow trucks to carry items
25

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PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
27 DEMAND FOR JURY TRIAL
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1 that would be too long to normally fit in the truck’s bed, such as ladders, lumber,
2 pipes, kayaks, etc.
3 45. Upon information and belief, Plaintiff alleges that Defendants’
4 product was, and still is, being manufactured, packaged and marketed using similar
5 descriptions and the same exact design and characteristic in size and purpose as
6 Plaintiffs’ TMS Flat Rack. Defendants’ infringing product is substantially identical
7 to Plaintiffs’ TMS Flat Rack.
8 46. Upon information and belief, Defendants are offering for sale, selling,
9 importing into the United States, or otherwise distributing the infringing product.
10 A printout of the infringing product that the Defendants continue to sell on
11 eBay.com and on its website, www.aaproductsinc.com is attached as Exhibit 6.
12 47. Plaintiffs are informed and believe, and thereon allege that as a result
13 of Defendants’ sale and distribution of the aforementioned Infringing Products,
14 customers are confused as to the source of the aforementioned Asserted Patent.
15 48. Defendants’ use of the Asserted Patent and the sale of the Infringing
16 Products have and continues to dilute Plaintiffs’ goodwill in its products and
17 business that it has invested significant time and resources.
18 49. Plaintiffs are informed and believe that Defendants continue to sell the
19 Infringing Products with the similar key title words and substantially similar
20 description on Amazon.com, eBay.com, and aaproductsinc.com, and as a result,
21 Plaintiff has lost substantial amounts of orders.
22 50. Plaintiffs are informed and believe that Defendants were aware of
23 Plaintiffs’ rights before they began their infringing activity, and that Defendants’
24 use and infringement is therefore willful.
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1 51. Plaintiffs are informed and believe that Defendants intend to continue
2 their unlawful infringing activities, and Plaintiffs continue to and will continue to
3 suffer irreparable harm; for which there is no adequate remedy at law-unless
4 Defendants are enjoined by this Court.
5 52. As a result of Defendants’ infringement of Plaintiffs’ ‘007 and ‘922
6 Patents, Plaintiffs have suffered damages in the amount of lost profits, injury to
7 their goodwill and business reputation, and expenses incurred in trying to prevent
8 customer confusion.
9 FIRST COUNT
10 Design Patent Infringement Against All Defendants
11 (Pursuant to 35 U.S.C. §§ 271, 281, 283, 284, and 285)
12 53. Plaintiffs re-allege and incorporates by reference each and every
13 allegation set forth in paragraphs 1-52 above.
14 54. The conduct of Defendants as set forth hereinabove gives rise to a
15 cause of action for infringement of the Asserted Patent, pursuant to at least 35
16 U.S.C. §§ 271 and 281.
17 55. Defendants have directly infringed, and continue to directly infringe,
18 the Asserted Patent under 35 U.S.C. § 271(a) by making, using, selling, offering
19 for sale, and importing within the United States the Infringing Products.
20 56. Defendants have manufactured, used, sold, imported, and offered for
21 sale Infringing Products despite an objectively high likelihood that their actions
22 constitute infringement of the Asserted Patent.
23 57. Defendants have had, and continues to have, the specific intent to
24 induce their customers or users of their products to infringe the Asserted Patent.
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1 58. Defendants have indirectly infringed and continue to indirectly


2 infringe the Asserted Patent under 35 U.S.C. §§ 271 (b) and (c) by actively
3 inducing infringement of, or contributorily infringing the Asserted Patent.
4 59. Upon information and belief, Defendants’ infringement has taken
5 place with full knowledge of the Asserted Patent and has been intentional,
6 deliberate, and willful.
7 60. By reason of the foregoing, Plaintiffs are entitled to injunctive and
8 monetary relief against Defendants, pursuant to 35 U.S.C. §§ 283-85, as more fully
9 set forth herein below.
10 61. As a direct and proximate result of Defendants’ infringement of the
11 Asserted Patent, Plaintiff has been and continues to be damaged in an amount yet
12 to be determined. Plaintiff seeks damages adequate to compensate for this
13 infringement in an amount no less than Defendants’ total profit, from sales of the
14 Infringing Product, together with interest and costs affixed by the Court.
15 62. By reason of the above acts, Defendants have caused, is causing, and
16 unless enjoined and restrained by this court, will continue to cause Plaintiff great
17 and irreparable injury to, among other things, the good will and business reputation
18 of Plaintiff, all of which cannot be adequately compensated or measured in money.
19 Plaintiff has no adequate remedy at law. Plaintiff is entitled to injunctive relief,
20 enjoining and restraining Defendants and their respective officers, agents, servants,
21 and employees, and all persons acting in concert with it, from further infringement
22 of the Asserted Patent.
23 SECOND COUNT
24 False Advertising Against All Defendants
25 (Pursuant to Cal. Bus. & Prof. Code § 17500, et seq.)
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PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
27 DEMAND FOR JURY TRIAL
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1 63. Plaintiffs re-allege and incorporates by reference each and every


2 allegation set forth in paragraphs 1-62 above.
3 64. The conduct of Defendants is unfair and unlawful and violate
4 California statutory law, including, without limitation, California Business and
5 Professions Code §§ 17500, et seq.
6 65. As a result of Defendants’ false and misleading advertising, potential
7 and actual consumers have been, and will continue to be, misled about the source
8 and legitimacy of the Infringing Products, which is being wrongfully marketed,
9 advertised, and sold in association with Plaintiffs’ Asserted Patent. Defendants
10 knew or should have known that the advertising was untrue and/or misleading.
11 66. As a result of the above conduct, Defendants have been, and will
12 continue to be, unjustly enriched in profits, income, and ill-gotten gains at the
13 expense of Plaintiffs and consumers.
14 67. As a further result of the above conduct, Plaintiffs have been, and will
15 continue to be, unjustly deprived of the full value of the goodwill and public image
16 associated with its Asserted Patent.
17 68. The wrongful conduct of Defendants, unless restrained and enjoined
18 by order of this Court, will cause great and irreparable injury to the general public
19 and to Plaintiffs, their business, reputation, and goodwill. Plaintiffs have no
20 adequate remedy at law for the injuries that have been or will continue to be
21 sustained in this action.
22 THIRD COUNT
23 California Common Law Unfair Competition Against All Defendants
24 69. Plaintiffs re-allege and incorporates by reference each and every
25 allegation set forth in paragraphs 1-68 above.
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1 70. The Court has jurisdiction over this claim pursuant to 28 U.S.C.
2 § 1367.
3 71. By Defendants’ acts alleged herein, the Defendants have engaged in
4 unfair competition under the common law of the State of California.
5 72. Defendants have manufactured and sold Infringing Products in
6 California, thereby creating a false designation of origin of Plaintiffs’ brand of
7 goods and unfairly competing with Plaintiffs’ business.
8 73. Upon information and belief, Defendants have knowingly and
9 willfully misappropriated Plaintiffs’ Asserted Patent in an effort to create the
10 impression that the Defendants’ Infringing Products are sanctioned by the Plaintiff
11 and to misappropriate the goodwill associated with Plaintiff, entitling Plaintiff to
12 an award of exemplary damages and attorneys’ fees.
13 74. The aforesaid acts of the Defendants have caused damage to Plaintiffs,
14 in an amount to be determined.
15 75. By reason of the acts of the Defendants alleged herein, Plaintiffs have
16 suffered, is suffering and will continue to suffer irreparable damage, which damage
17 will continue unless enjoined by Order of this Court.
18 FOURTH COUNT
19 Unfair Competition Against All Defendants
20 (Pursuant to Cal. Bus. & Prof. Code § 17200, et seq.)
21 76. Plaintiffs re-allege and incorporates by reference each and every
22 allegation set forth in paragraphs 1-75 above.
23 77. The Court has jurisdiction over this claim pursuant to 28 U.S.C.
24 § 1367.
25

26
PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
27 DEMAND FOR JURY TRIAL
21
28
Case 2:19-cv-06431 Document 1 Filed 07/24/19 Page 22 of 28 Page ID #:22

1 78. As alleged above, Defendants have manufactured, offered for sale,


2 sold, and marketed Infringing Products on the same websites that Plaintiffs sell
3 from and are in direct competition for sales of the products that are substantially
4 identical. The ordinary purchaser is likely to confuse and attribute to Plaintiffs the
5 misuse by Defendants of the Asserted Patent and thereby purchase Defendants’
6 Infringing Products based upon that erroneous belief.
7 79. Plaintiffs are informed and believe, and upon that basis allege, that
8 Defendants copied Plaintiffs’ TMS Truck Rack and TMS Flat Rack and
9 reproduced them with the intent of causing confusion, mistake, and deception as to
10 the source of the Defendants’ Infringing Products and with the intent to take
11 consumers away from Plaintiff. As such, Defendants have committed design
12 patent infringement, misleading advertising, and unfair competition, all in violation
13 of the California Unfair Business Practices Act, Cal. Bus. & Prof. Code § 17200 et
14 seq.
15 80. Upon information and belief, Plaintiffs allege that unless enjoined by
16 the Court, the confusion and deception alleged herein, and the likelihood thereof
17 will continue, will cause irreparable harm and damage to Plaintiffs.
18 81. Plaintiffs have been proximately damaged by Defendants’
19 infringement and are thus entitled to a permanent injunction to prevent further such
20 conduct, and monetary damages including, but not limited to, all of Defendants’
21 profits on the products sold under or in connection with its infringing use of
22 Plaintiffs’ Asserted Patent, Plaintiffs’ lost profits, compensation for the injury to
23 Plaintiffs’ goodwill and business reputation, expenses incurred in trying to prevent
24 customer confusion, plus Plaintiffs’ attorney fees and costs.
25 FIFTH COUNT
26
PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
27 DEMAND FOR JURY TRIAL
22
28
Case 2:19-cv-06431 Document 1 Filed 07/24/19 Page 23 of 28 Page ID #:23

1 Intentional Interference with Prospective Economic Relations Against All


2 Defendants
3 82. Plaintiffs re-allege and incorporates by reference each and every
4 allegation set forth in paragraphs 1-81 above.
5 83. The Court has jurisdiction over this Cause pursuant to 28 U.S.C.
6 § 1367.
7 84. Plaintiffs allege that Plaintiffs and consumers of its TMS Truck Rack
8 and TMS Flat Rack were in an economic relationship that probably would have
9 resulted in an economic benefit for Plaintiffs in the form of continued purchases
10 from the abovementioned consumers.
11 85. Plaintiffs are informed and believes and therefore alleges that
12 Defendants were aware of the relationship between Plaintiffs and the current and
13 potential consumers of Plaintiffs’ TMS Truck Rack and TMS Flat Rack.
14 86. Plaintiffs allege that Defendants engaged in the wrongful conduct of
15 infringing Plaintiffs’ Asserted Patent and in doing so, intended or at least knew that
16 Plaintiffs’ relationship with its TMS Truck Rack and TMS Flat Rack consumers
17 was certain to be disrupted due to confusion as to which company’s products
18 consumers were purchasing.
19 87. Plaintiffs allege, upon information and belief, that its relationship with
20 its consumers has in fact been disrupted where consumers mistakenly purchased
21 Defendants’ Infringing Product over Plaintiffs’ TMS Truck Rack and TMS Flat
22 Rack, and consumers have stopped placing orders with Plaintiffs.
23 88. Upon information and belief, Plaintiffs allege that unless enjoined by
24 the Court, the confusion and deception alleged herein, and the likelihood thereof
25 will continue, will cause irreparable harm and damage to Plaintiffs.
26
PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
27 DEMAND FOR JURY TRIAL
23
28
Case 2:19-cv-06431 Document 1 Filed 07/24/19 Page 24 of 28 Page ID #:24

1 89. Plaintiffs have been proximately damaged by Defendants’


2 infringement and are thus entitled to a permanent injunction to prevent further such
3 conduct, and monetary damages including, but not limited to, all of Defendants’
4 profits on the products sold under or in connection with its infringing use of
5 Plaintiffs’ Asserted Patent, Plaintiffs’ lost profits, compensation for the injury to
6 Plaintiffs’ goodwill and business reputation, expenses incurred in trying to prevent
7 customer confusion, plus Plaintiffs’ attorney fees and costs.
8 SIXTH COUNT
9 Unjust Enrichment Against All Defendants
10 90. Plaintiffs re-allege and incorporates by reference each and every
11 allegation set forth in paragraphs 1-89 above.
12 91. As a result of its conduct in selling the Infringing Products,
13 Defendants have been unjustly enriched and, at the same time, is causing a loss of
14 revenue to Plaintiffs to their detriment.
15 92. Plaintiffs are entitled to recover from the Defendants their unjust
16 enrichment including gains, profits, and advantages they have obtained as a result
17 of their wrongful conduct. Plaintiffs are, at present, unable to ascertain the full
18 extent of the gains, profits, and advantages Defendants have obtained by reason of
19 their wrongful conduct.
20 SEVENTH COUNT
21 Demand For Accounting Against All Defendants
22 93. Plaintiffs re-allege and incorporates by reference each and every
23 allegation set forth in paragraphs 1-92 above.
24 94. Plaintiffs have an interest in all monies generated from the
25 exploitation of its exclusive rights to their Asserted Patent.
26
PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
27 DEMAND FOR JURY TRIAL
24
28
Case 2:19-cv-06431 Document 1 Filed 07/24/19 Page 25 of 28 Page ID #:25

1 95. Plaintiffs are informed and believe that Defendants have generated an
2 undetermined, yet substantial amount of money, due to their unlawful commercial
3 exploitation of Plaintiffs’ Asserted Patent.
4 96. The amount of money due from the Defendants is unknown to
5 Plaintiffs and cannot be ascertained without an accounting of all of the Defendants’
6 financial records related to the sales generated through their infringing and
7 unlawful activities.
8 97. As a result of Defendants’ actions, Plaintiffs have been damaged in an
9 amount to be proven after an accounting has been conducted. Accordingly,
10 Plaintiffs hereby request that the Court order an accounting of all of Defendants’
11 financial records related to the infringing activities in order to determine the sums
12 rightfully due to Plaintiffs.
13 98. Furthermore, Plaintiffs demand that those sums be paid to them
14 accordingly.
15 PRAYER FOR RELIEF
16 WHEREFORE, Plaintiffs demand entry of a judgment against Defendants as
17 follows:
18 1. For a judgment declaring that Defendants have infringed on Plaintiffs’
19 Asserted Patent;
20 2. For a judgment awarding Plaintiffs compensatory damages as a result
21 of Defendants’ infringement of Plaintiffs’ Asserted Patent, together with interest
22 and costs, and in no event less than a reasonable royalty;
23 3. For a judgment declaring that Defendants’ infringement of Plaintiffs’
24 Asserted Patent was willful and deliberate;
25

26
PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
27 DEMAND FOR JURY TRIAL
25
28
Case 2:19-cv-06431 Document 1 Filed 07/24/19 Page 26 of 28 Page ID #:26

1 4. For preliminary and permanent injunction against Defendants,


2 preventing Defendants from any future usage of any identical or similarly
3 confusing design related to Plaintiffs’ Asserted Patent;
4 5. The Defendants, their officers, agents, servants, employees, attorneys,
5 and all those in active concert or participation with them be enjoined and restrained:
6 a. From further using Plaintiffs’ Asserted Patent or any other
7 confusingly similar design, in connection with the manufacture, sale,
8 advertisement, or promotion of any product or any other similar
9 infringement of Plaintiffs’ Asserted Patent, for products not originating from
10 Plaintiffs or authorized by Plaintiffs;
11 b. From diluting any of Plaintiffs’ Asserted Patent, with any other
12 confusingly similar design patent; and
13 c. From engaging in unfair competition by making and selling its
14 products or otherwise using confusingly similar designs, in such a way as to
15 misrepresent the origin of any of the Defendants’ products.
16 6. For an order requiring Defendants to deliver and be impounded during
17 the pendency of this action all material in Defendants’ possession, custody, or
18 control that include or incorporate products that infringe Plaintiffs’ Asserted Patent
19 rights, including but not limited to, any products, containers, packages, labels, and
20 advertisements in their possession or under their control utilizing Plaintiffs’ design
21 patents, or any simulation, reproduction, counterfeit, copy, or colorable imitation
22 thereof;
23 7. Directing that the Defendants report to this Court within thirty (30)
24 days after a Permanent Injunction is entered to show its compliance with
25 paragraphs 5 and 6 above;
26
PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
27 DEMAND FOR JURY TRIAL
26
28
Case 2:19-cv-06431 Document 1 Filed 07/24/19 Page 27 of 28 Page ID #:27

1 8. For compensatory damages in an amount to be proven at trial;


2 9. For all gains, profits and advantages derived by Defendants by their
3 infringement of Plaintiffs’ Asserted Patent;
4 10. For punitive damages in an amount sufficient to punish Defendants
5 for their wrongful conduct and to deter others from engaging in similar conduct in
6 the future;
7 11. For statutory damages as provided by law;
8 12. Directing such other relief as the Court may deem appropriate to
9 prevent the trade and public, or individual members thereof, from gaining the
10 erroneous impression that Plaintiffs authorized or approved any products
11 manufactured, sold, or otherwise circulated or promoted by the Defendants or that
12 such products are in any way related to Plaintiffs;
13 13. Awarding the Plaintiffs damages by reason of the infringement by
14 Defendants as set forth in this Complaint, pursuant to 35 U.S.C. §§ 284 and 289,
15 and common law;
16 14. Ordering an independent accountant to conduct an accounting of all of
17 Defendants’ financial records relating to the infringing activities in order to
18 determine the sums of money owed to Plaintiffs. Upon a determination of sums
19 due to Plaintiffs, demand is made that those sums be paid to Plaintiffs.
20 15. Awarding to the Plaintiffs their reasonable attorneys’ fees and
21 investigative fees pursuant to 35 U.S.C. § 285;
22 16. Awarding to the Plaintiffs their costs in bringing this action; and
23 17. Awarding other such relief to Plaintiffs as this Court deems just.
24 ///
25 ///
26
PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
27 DEMAND FOR JURY TRIAL
27
28
Case 2:19-cv-06431 Document 1 Filed 07/24/19 Page 28 of 28 Page ID #:28

1 July 24, 2019 Respectfully submitted,


2

5
Attorney for Tailai Ting and Calhome Inc.
6

10
DEMAND FOR JURY TRIAL
11
Plaintiffs Tailai Ting and Calhome Inc. hereby demand a jury trial on all
12
issues that can be heard by a jury.
13

14

15 July 24, 2019 Respectfully submitted,


16

17

18

19
Attorney for Tailai Ting and Calhome Inc.
20

21

22

23

24

25

26
PLAINTIFFS’ COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTION;
27 DEMAND FOR JURY TRIAL
28
28
Case 2:19-cv-06431 Document 1-1 Filed 07/24/19 Page 1 of 31 Page ID #:29

Exhibit 1
Case 2:19-cv-06431 Document 1-1 Filed 07/24/19 Page 2 of 31 Page ID #:30
Case 2:19-cv-06431 Document 1-1 Filed 07/24/19 Page 3 of 31 Page ID #:31
Case 2:19-cv-06431 Document 1-1 Filed 07/24/19 Page 4 of 31 Page ID #:32

Exhibit 2
Case 2:19-cv-06431 Document 1-1 Filed 07/24/19 Page 5 of 31 Page ID #:33
Case 2:19-cv-06431 Document 1-1 Filed 07/24/19 Page 6 of 31 Page ID #:34
Case 2:19-cv-06431 Document 1-1 Filed 07/24/19 Page 7 of 31 Page ID #:35

Exhibit 3
7/19/2019 Amazon.com:
Case TMS 800 LB Adjustable
2:19-cv-06431 Document Fit 2 Bars
1-1UtilityFiled
Ladder 07/24/19
Truck Pick up Rack
PageKayak
8 Contractor
of 31 Page Lumber Utility:
ID #:36 Home Improvement

Skip to main content All B009VOQ05U


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Automotive › Exterior Accessories › Truck Bed & Tailgate Accessories › Ladder Racks

TMS 800 LB Adjustable Fit


$129.95
2 Bars Utility Ladder Truck & FREE Shipping. Details
Pick up Rack Kayak Want it Wednesday, July 24?
Contractor Lumber Utility Order within 11 hrs 10 mins and
by TMS choose Standard Shipping at
542 customer reviews checkout. Details
| 244 answered questions
In Stock.
Price: $129.95 & FREE Shipping.
Details Qty:
Qty:
1 1

Set of 2 heavy duty steel adjustable


truck ladder rack. This multi-functional Add to Cart
rack is designed to haul bigger and
longer items that the average pick-up
Buy Now
truck bed cannot fit. It is perfect for
ladders, lumber, pipes, pool equipment
Sold by TMS Warehouse and
and much more.
Fulfilled by Amazon.
Very sturdy frame offers a weight
capacity of 800 lbs. Very easy to install.
Item arrives in packaging that
Width is adjustable from 5 feet to 7
reveals what’s inside and can’t be
feet to cater to a variety of truck bed
hidden. If this is a gift, consider
sizes. Attaching longer items to a rack
shipping to a different address.
securely is much more convenient, and
ensures the safety of your property
without the worry of it falling out of Deliver to La Puente 91746
your truck bed.
Max Height: 30 inch plus the height of
Add to List
your truck's bed. Width: Adjustable for
most pickup trucks (Adjustable width of
5 feet minimum to 7 feet maximum
Share 260+ Shares
where rack attaches to track bed).
Width: Adjustable for most pickup
Other Sellers on Amazon
trucks (Adjustable width of 5 feet
minimum to 7 feet maximum where
Used & new (3) from $120.85 & FREE
rack attaches to track bed).
shipping. Details
Click image to open expanded view › See more product details
Have one to sell? Sell on Amazon
Used & new (3) from $120.85 & FREE
shipping. Details

PillPack—An Amazon
Company
Your medication, delivered
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Frequently bought together

Total price: $214.59


Add all three to Cart

Add all three to List

https://www.amazon.com/TMS-Adjustable-Utility-Ladder-Contractor/dp/B009VOQ05U/ref=sr_1_1?keywords=B009VOQ05U&qid=1558644478&s=hi&s… 1/9
7/19/2019 Amazon.com:
Case TMS 800 LB Adjustable
2:19-cv-06431 Document Fit 2 Bars
1-1UtilityFiled
Ladder 07/24/19
Truck Pick up Rack
PageKayak
9 Contractor
of 31 Page Lumber Utility:
ID #:37 Home Improvement

Product information

Technical Details Additional Information

Brand TMS ASIN B009VOQ05U

Item Weight 50 pounds Customer Reviews 542 customer


reviews
Product Dimensions 51 x 26.2 x 1.5 inches 4.3 out of 5 stars

Item model number PICK-UP-RACK Best Sellers Rank #34,876 in Automotive (See Top
100 in Automotive)
Manufacturer Part Number PICK-UP-RACK #12 in Truck Ladder Racks

Folding No Shipping Weight 54.3 pounds (View shipping rates


and policies)

Domestic Shipping Currently, item can be shipped only


within the U.S. and to APO/FPO
addresses. For APO/FPO
shipments, please check with the
manufacturer regarding warranty
and support issues.

International Shipping This item can be shipped to select


countries outside of the U.S. Learn
More

Date First Available October 23, 2012

Warranty & Support

Product Warranty: For warranty information about this product, please click
here

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If you are a seller for this product, would you like to suggest updates through
seller support?
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0:29

Customer Review: Great


rack for the price.

MKski

Product description

Product Description
This is a heavy duty durable steel construction rack. It is great for hauling ladders, lumbers, pipes, and other long & big items.

From the Manufacturer


This is a heavy duty durable steel construction rack. It is great for hauling ladders, lumbers, pipes, and other long & big items

From the manufacturer

https://www.amazon.com/TMS-Adjustable-Utility-Ladder-Contractor/dp/B009VOQ05U/ref=sr_1_1?keywords=B009VOQ05U&qid=1558644478&s=hi&s… 3/9
7/19/2019 Amazon.com:
Case TMS 800 LB Adjustable
2:19-cv-06431 Document Fit 2 Bars
1-1UtilityFiled
Ladder07/24/19
Truck Pick up Rack
Page Kayak
10Contractor
of 31 Lumber
PageUtility:
ID #:38 Home Improvement

View larger

Truck Ladder Rack


This is a heavy duty durable steel construction rack.

It is great for hauling ladders, lumbers, pipes, and other long and big
items!! Perfect for constructional use.

View larger

https://www.amazon.com/TMS-Adjustable-Utility-Ladder-Contractor/dp/B009VOQ05U/ref=sr_1_1?keywords=B009VOQ05U&qid=1558644478&s=hi&s… 4/9
Case 2:19-cv-06431 Document 1-1 Filed 07/24/19 Page 11 of 31 Page ID #:39

Exhibit 4
7/19/2019 Amazon.com:
Case AA-Racks ModelDocument
2:19-cv-06431 X35 800Ibs Capacity
1-1 Extendable Steel Pick-UpPage
Filed 07/24/19 Truck Ladder
12 ofRack
31Two-bar
Page SetID
- Matte
#:40 Black: Automotive

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AA-Racks Model X35


$119.99
800Ibs Capacity & FREE Shipping. Details
Extendable Steel Pick-Up
Truck Ladder Rack Two- In Stock.
bar Set - Matte Black Qty:
Qty:
1 1
by AA Products Inc.
218 customer reviews
| 116 answered questions Add to Cart
Amazon's Choice for "universal truck r…
Buy Now

Price: $119.99 & FREE Shipping. Sold by Covina Accessories and


Details
Fulfilled by Amazon.
Size: X35
Item arrives in packaging that
X34:Small Truck Rack X35 reveals what's inside. To hide it,
choose Ship in Amazon
X3501 packaging at checkout.

Color: Matte Black


Deliver to La Puente 91746

Add to List
The X35 features a tested loading
capacity of 800 lbs.It is powder coated
in the color of matte black Share
The rope hook on the side of all four
uprights provides the security for tying Other Sellers on Amazon
the tools or loads
There are FIVE drilling holes on the
$125.99 Add to Cart
+ Free Shipping
upright plate, which make X35 more
Sold by: Sanyon Mega
compatible bolting on different sizes of
bed margins.It also has another tab (C-
Used & new (5) from $111.59 & FREE
Clamp) (ASIN:B0789DDLBJ) to choose
shipping. Details
which No Drilling Required
Click image to open expanded view
The top section is built with Two "T"
Have one to sell? Sell on Amazon
sleeve bars plus Middle Cross Bar. The
Double-barred Middle section won't
easily dent or bend, making it even
stronger than a one-barred design
The extendable design also makes it
compatible with different Truck-bed
Width ranged from Min.51 Inch -
Max.71 Inch.It also has
X34(ASIN:B077GPLTFX) to choose
which compatible with small pick-up
Truck-bed Width ranged from Min. 38
Inch - Max. 51 Inch
› See more product details

Used & new (5) from $111.59 & FREE


shipping. Details

https://www.amazon.com/AA-Racks-Capacity-Extendable-Pick-Up-Two-bar/dp/B00G5RPSEU/ref=zg_bs_3097819011_6?_encoding=UTF8&refRID=… 1/11
7/19/2019 Amazon.com:
Case AA-Racks ModelDocument
2:19-cv-06431 X35 800Ibs Capacity
1-1 Extendable Steel Pick-UpPage
Filed 07/24/19 Truck Ladder
13 ofRack
31Two-bar
Page SetID
- Matte
#:41 Black: Automotive

AA-Racks X35 Truck Rack AUXMART Universal Roof AA-Racks Model X316 Autekcomma 1 -Pair 52” AA-Racks Model X38 Short
with (8) Non-Drilling C- Rack Crossbars Width Less HighTop 3 Bar Rain-Gutter Car Top Roof Rack Bed Truck Ladder Rack
Clamps Pick-up Truck Than 48” Adjustable for Roof Rack Heavy-Duty Universal Crossbars Side Bar with Long Over-
Utility Ladder Rack… Most Vehicle Wagon Car… Adjustable Steel High… Adjustable for Raised… cab Ext. -Matte Black
221 206 30 1 50
$169.99 $99.99 $109.99 $54.99 $279.99

Special offers and product promotions


Size: X35 | Color: Matte Black
Save 5% on Set of 4 Aluminum C-clamps [Non-drilling Required] when you purchase 1 or more Qualifying items offered by Covina
Accessories. Enter code WDHVBDUS at checkout. Here's how (restrictions apply)
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Save 10% on 4 Velcro Straps when you purchase 1 or more Qualifying items offered by Covina Accessories. Enter code CALDWCPS at
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Save 10% on Ratchet Straps with double J-hooks (5 Meter/16.4 Feet x 1 inch-2200 Lbs)/4 Packs when you purchase $1.00 or more of
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Product information
Size:X35  |  Color:Matte Black

Technical Details Additional Information

Brand AA Products Inc. ASIN B00G5RPSEU

Item Weight 44.6 pounds Customer Reviews 218 customer


reviews
Product Dimensions 31 x 14 x 9 inches 4.5 out of 5 stars

Item model number X-35 Best Sellers Rank #9,179 in Automotive (See Top 100
in Automotive)
Manufacturer Part Number X-35 #6 in Truck Ladder Racks

Folding No Shipping Weight 44.6 pounds (View shipping rates


and policies)

Date First Available February 16, 2015

Warranty & Support

Warranty, Parts: Parts

https://www.amazon.com/AA-Racks-Capacity-Extendable-Pick-Up-Two-bar/dp/B00G5RPSEU/ref=zg_bs_3097819011_6?_encoding=UTF8&refRID=… 3/11
7/19/2019 Amazon.com:
Case AA-Racks ModelDocument
2:19-cv-06431 X35 800Ibs Capacity
1-1 Extendable Steel Pick-UpPage
Filed 07/24/19 Truck Ladder
14 ofRack
31Two-bar
Page SetID
- Matte
#:42 Black: Automotive

This product will not fit if you have the followins with your vehicle:

1.Tool boxes, bed covers & camper shells;

View larger View larger

Adjustable Width Load-bearing Test Drilling Holes


The adjustable range covers inner bed width from This rack set has been stationary weight-tested Five drilling holes on the upright plate,which
51'' - 71''. The height is 30.5'' to the clearance and with 800 lb. loads. It features heavy-duty all steel makes the X35 more compatible bolting on
26'' to the cross bar. construction and durable black powder coat finish different size of bed margin.
to resist rust and dust.

https://www.amazon.com/AA-Racks-Capacity-Extendable-Pick-Up-Two-bar/dp/B00G5RPSEU/ref=zg_bs_3097819011_6?_encoding=UTF8&refRID=… 5/11
7/19/2019 CaseAmazon.com: AA-Racks X35
2:19-cv-06431 Truck Rack with
Document 1-1 (8) Non-Drilling C-Clamps Pick-up
Filed 07/24/19 Page Truck
15Utility
of 31 Ladder Rack Matte
Page Black: Automotive
ID #:43
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Automotive › Exterior Accessories › Truck Bed & Tailgate Accessories › Ladder Racks

AA-Racks X35 Truck Rack


$169.99
with (8) Non-Drilling C- & FREE Shipping. Details
Clamps Pick-up Truck Want it Monday, July 22? Choose
Utility Ladder Rack Matte Two-Day Shipping at checkout.
Black Details

by AA Products Inc.
In Stock.
221 customer reviews
| 104 answered questions Qty:
Qty: 1
1
Price: $169.99 & FREE Shipping.
Details
Add to Cart
Get $50 off instantly: Pay $169.99
$119.99 upon approval for the Amazon Buy Now
Rewards Visa Card. No annual fee.
Sold by Covina Accessories and
Size: Standard Bed: X35
Fulfilled by Amazon.
Standard Bed: X34
$159.99

Standard Bed: X35 Enjoy fast, FREE delivery,


$169.99 exclusive deals and Award-
Winning movies & TV shows
Standard Bed: X3501 with Prime
$159.99 Click here and start saving
today with Fast, FREE
Color: Matte Black Delivery

Our design of the extendable top bars


allows the X35 to fit in different sizes
Deliver to La Puente 91746
truck beds
Non-Drilling X35 Truck Rack with Black
C-Clamps (Set of 8) included,NOT Add to List
COMPATILE with trucks with Utility
Track Systems
Easy Installation- Fast setup and take Share
Click image to open expanded view
down when not in use
The rope hook on the side of all four Have one to sell? Sell on Amazon
uprights provides the security for tying
the tools or loads
This rack is powder coated in the color
of matte black
› See more product details
Portable
New (1) from $169.99 & FREE shipping. air
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compresso
Kensun AC/DC Swift Performance
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7/19/2019 CaseAmazon.com: AA-Racks X35
2:19-cv-06431 Truck Rack with
Document 1-1 (8) Non-Drilling C-Clamps Pick-up
Filed 07/24/19 Page Truck
16Utility
of 31 Ladder Rack Matte
Page Black: Automotive
ID #:44
Add both to Cart

Save 10% on Ratchet Straps with double J-hooks (5 Meter/16.4 Feet x 1 inch-2200 Lbs)/4 Packs when you purchase $1.00 or more of
Qualifying items offered by Covina Accessories. Enter code ANNBH5QF at checkout. Here's how (restrictions apply)
Add both to Cart

Save 10% on Heavy Duty 11,000lbs Tow Straps with 2 J Hooks - Length (2" X 13 ft) /2 Pack when you purchase 1 or more Qualifying items
offered by Covina Accessories. Enter code GDYCCUIG at checkout. Here's how (restrictions apply)
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Product information
Size:Standard Bed: X35  |  Color:Matte Black

Technical Details Additional Information

Brand AA Products Inc. ASIN B06W5Q7CZ3

Item Weight 50 pounds Customer Reviews 221 customer


reviews
Package Dimensions 30.8 x 15.9 x 8.8 inches 4.7 out of 5 stars

Manufacturer Part Number X35-8Clamp-BLK Best Sellers Rank #6,723 in Automotive (See Top 100
in Automotive)
Folding No #3 in Truck Ladder Racks

Shipping Weight 50 pounds (View shipping rates


and policies)

Date First Available February 21, 2017

Warranty & Support

Warranty, Parts: Parts

Product Warranty: For warranty information about this product, please click
here

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0:46

X 35 Truck Rack with (8)


Non-Driling .

Wellington

Product description
Size:Standard Bed: X35 | Color:Matte Black

https://www.amazon.com/AA-Racks-Non-Drilling-C-Clamps-Pick-up-Utility/dp/B06W5Q7CZ3/ref=pd_cp_263_1?pd_rd_w=BkfrP&pf_rd_p=ef4dc990-a9… 3/8
7/19/2019 AA-Racks
Case 2:19-cv-06431 Document 1-1: Truck Utility
Filed Ladder RacksPage
07/24/19 – AA Products
17 ofInc31 Page ID #:45
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Home (/) Ladder Racks (/Collections/Ladder-Racks) AA-Racks Universal 800 Lb 2 Bar Pick-Up Truck
Ladder Rack Utility Lumber Kayak Black/White (X35)

AA-Racks Universal 800 Lb 2 Bar


Pick-Up Truck Ladder Rack Utility
Lumber Kayak Black/White (X35)
AA Products

 2 reviews

These truck rack features a tested loading capacity of 800 lbs.


(//cdn.shopify.com/s/ les/1/0652 Our design of the extendable top bars allows the rack to t in
BLK_1024x1024.jpg? different sizes truck beds.
v=1561104063)
The rope hooks on the side of all four...

$ 184.99 $ 109.99 & FREE Shipping


Color

https://www.aaproductsinc.com/collections/ladder-racks/products/aa-racks-truck-rack-x35?variant=44667705422 1/6
7/19/2019 AA-Racks
Case 2:19-cv-06431 Document 1-1: Truck Utility
Filed Ladder RacksPage
07/24/19 – AA Products
18 ofInc31 Page ID #:46
Quantity: 1

Subtotal: $ 109.99

ADD TO CART

ORDER BY PHONE

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DESCRIPTION SHIPPING & RETURNS

1. These truck rack features a tested loading capacity of 800


lbs.
2. Our design of the extendable top bars allows the rack to t in
different sizes truck beds.
3. The rope hooks on the side of all four uprights provides the
option securing tools or loads.
4. The drilled holes on the upright plate makes the rack more
versatile in terms of bolting onto different bed sizes.
5. Powder-coated in the color of matte black and matte white

The adjustable range covers inner bed width from the


minimum. 51'' max. 71''. The height is 30.5'' to the clearance
and 28'' to the crossbar. 
Each upright mounting plate is a at "L" shaped plate with
three drilled holes. Please pick two that ts your bed rail.

A total of 8 bolts, nuts, and washers will be included in the


hardware package.
This product will NOT t If you have any of the following:
1. Toolboxes, bed covers & camper shells
2. Inner track systems pre-installed on the inner bed-wall (i.e.:
late-model Toyota models)
3. Inner bed width smaller than 51’’
 
Contact us for a non-drilling option and if you have any
compatibility questions. 

https://www.aaproductsinc.com/collections/ladder-racks/products/aa-racks-truck-rack-x35?variant=44667705422 2/6
Case 2:19-cv-06431 Document 1-1 Filed 07/24/19 Page 19 of 31 Page ID #:47

Exhibit 5
7/19/2019 Amazon.com: TMS Document
Case 2:19-cv-06431 800LB Universal1-1
Pick UpFiled
Truck Ladder Rack Contractor
07/24/19 Page Pick20 Up
of Rack
31 Lumber
PageUtility:
ID #:48Automotive

Skip to main content Automotive Parts & Accessories B0716L9MTJ


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Automotive › Exterior Accessories › Truck Bed & Tailgate Accessories › Ladder Racks

TMS 800LB Universal Pick


$139.95
Up Truck Ladder Rack & FREE Shipping. Details
Contractor Pick Up Rack Get it as soon as Wednesday, July
Lumber Utility 24 if you choose Standard
by TMS Shipping at checkout. Details
28 customer reviews
| 23 answered questions In Stock.

Price: $139.95 & FREE Shipping. Qty:


Qty:
1 1

Details

Condition: Brand New. Quantity: Set of Add to Cart


2 Bars (Front & Rear). Capacity: 800LB.
GREAT FOR CONSTRUCTIONAL USE!!
Buy Now
This is a heavy duty durable steel
construction rack. It is great for hauling
Sold by TMS Warehouse and
ladders, lumbers, pipes, and other long
Fulfilled by Amazon.
& big items!! Easy To Install.
Max Height: 30" Plus the height of your
truck's bed. Deliver to La Puente 91746
Width: Adjustable for most pickup
trucks (Adjustable width of 5' minimum
Add to List
to 7' maximum where rack attaches to
track bed).
› See more product details
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New (1) from $139.95 & FREE shipping.


Details Have one to sell? Sell on Amazon

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Total price: $170.72


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+ + Add all three to List

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7/19/2019 Amazon.com: TMS Document
Case 2:19-cv-06431 800LB Universal1-1
Pick UpFiled
Truck Ladder Rack Contractor
07/24/19 Page Pick21 Up
of Rack
31 Lumber
PageUtility:
ID #:49Automotive

These items are shipped from and sold by different sellers. Show details

This item: TMS 800LB Universal Pick Up Truck Ladder Rack Contractor Pick Up Rack Lumber Utility $139.95
iFJF Mounting Clamps Truck Caps Camper Shell Powder-Coated fit Chevy Silverado Sierra 1500 2500 3500… $25.00
Frost King Not Available V447H Camper Mounting Tape 1-1/4-Inch by 3/16-Inch by 30-Feet, Grey, Grays $5.77

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Pick Up Lumber Kayak Truck Ladder Racks Pick-Up Truck Ladder Rack Truck Rack Sqaure Bar 8 Non-Drilling C-Clamps S
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Product information

Technical Details Additional Information

Brand TMS ASIN B0716L9MTJ

Item Weight 55.7 pounds Customer Reviews

https://www.amazon.com/TMS-Universal-Ladder-Contractor-Utility/dp/B0716L9MTJ/ref=sr_1_1?keywords=B0716L9MTJ&qid=1558637251&s=automo… 2/7
7/19/2019 Amazon.com: TMS Document
Case 2:19-cv-06431 800LB Universal1-1
Pick UpFiled
Truck Ladder Rack Contractor
07/24/19 Page Pick22 Up
of Rack
31 Lumber
PageUtility:
ID #:50Automotive
28 customer
Package Dimensions 31 x 16 x 10.5 inches
reviews
Manufacturer Part Number PickUpRack-Flat-K 4.2 out of 5 stars

Folding No Best Sellers Rank #44,847 in Automotive (See Top


100 in Automotive)
#16 in Truck Ladder Racks

Shipping Weight 55.7 pounds (View shipping rates


and policies)

Date First Available May 4, 2017

Warranty & Support

Product Warranty: For warranty information about this product, please click
here

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8 94 $405.99 52 11
$379.99 $299.99 $299.99 $359.99 $
Ad feedback

https://www.amazon.com/TMS-Universal-Ladder-Contractor-Utility/dp/B0716L9MTJ/ref=sr_1_1?keywords=B0716L9MTJ&qid=1558637251&s=automo… 3/7
Case 2:19-cv-06431 Document 1-1 Filed 07/24/19 Page 23 of 31 Page ID #:51

Exhibit 6
7/19/2019 Case 2:19-cv-06431Adjustable Pickup Truck
Document 1-1Ladder Racks
Filed Universal 800Lbs
07/24/19 Page Utility
24Kayak Lumber
of 31 | eBayID #:52
Page
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David Silver
Back to home page | Listed in category: eBay Motors > Parts & Accessories > Car & Truck Parts > Exterior > Racks
dssilver91@gmail.com

David Silver
dsilver@thewangiplaw.com

1 more account

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eBay item number: 12


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Last updated on Jul 16, 2019 17:48:31 PDT View all revisions

Item specifics
Condition: New Weight Capacity: 800Lbs

https://www.ebay.com/itm/Adjustable-Pickup-Truck-Ladder-Racks-Universal-800Lbs-Utility-Kayak-Lumber/123365566152?hash=item1cb92926c8:g:2… 1/4
7/19/2019 Case 2:19-cv-06431Adjustable Pickup Truck
Document 1-1Ladder Racks
Filed Universal 800Lbs
07/24/19 Page Utility
25Kayak Lumber
of 31 | eBayID #:53
Page
Manufacturer Part Number: X3502-BLK Material: Steel
Placement on Vehicle: Truck Bed Number of Pieces: 2
Brand: AA Products Inc Type: Ladder Rack
Fitment Type: Direct Replacement Features: Adjustable, Removable
Mounting Hardware Included: Yes Color: Black

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Details

1. The X3502 features a tested loading capacity of 800 lbs. It is powder coated in the color of matte black

2. The rope hook on the side of all four uprights provides the security for tying the tools or loads.The shorter base suppor
to be attached to the truck rails with products such as  truck tool box

3. There are FIVE drilling holes on the upright plate, which make X3502 more compatible bolting on different sizes of bed

4. The top section is built with Two Horizontal "T" sleeve bars plus Middle Cross Bar. The Double-barred Middle section wo
dent or bend making it even stronger than a one barred design It is great for hauling ladders lumbers pipes and other
https://www.ebay.com/itm/Adjustable-Pickup-Truck-Ladder-Racks-Universal-800Lbs-Utility-Kayak-Lumber/123365566152?hash=item1cb92926c8:g:2… 2/4
7/19/2019 Case 2:19-cv-06431Adjustable Pickup Truck
Document 1-1Ladder Racks
Filed Universal 800Lbs
07/24/19 Page Utility
26Kayak Lumber
of 31 | eBayID #:54
Page
dent or bend, making it even stronger than a one-barred design.It is great for hauling ladders, lumbers, pipes, and other
items!!

5. The extendable design also makes it compatible with different Truck-bed Width ranged from Min.51" - Max.71".

6. It also has Model X34 to choose which compatible with small pick-up Truck-bed Width ranged from Min.38" - Max.51"

Installation of model X3502 truck rack requires drilling on the bed rail.

A total of 8 bolts, nuts and washers will be included with the hardware package.

This product will not fit if you have the following with your vehicle:

1.bed covers & camper shells;

2.Inner track systems pre-installed on the inner bed-wall (ex:New Toyota models);

Always consult us for non-drilling options & compatibility issues. This products is weight-tested as shown in the listing pic
from feedback you should know the quality we provide.

Copyright 2014

Copyright©2015 All rights reserved


Home Payment Shipping About Us Contact Us

Explore more options: Material

Aluminum

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7/19/2019 AA-Racks
Case 2:19-cv-06431 Universal Pick-Up
Document 1-1 Truck
FiledLadder Rack Adjustable
07/24/19 Page2 Bar
27Set
of–31
AA Products
PageIncID #:55
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Home (/) Ladder Racks (/Collections/Ladder-Racks) AA-Racks Universal 800Ibs Pick-Up Truck Ladder
Rack Adjustable Steel 2 Bar Set Lumber Utility Carrier Rack (X3501/3502)

AA-Racks Universal 800Ibs Pick-


Up Truck Ladder Rack Adjustable
Steel 2 Bar Set Lumber Utility
Carrier Rack (X3501/3502)
AA Products Inc


These racks features a tested loading capacity of 800 lbs. It is
(//cdn.shopify.com/s/ les/1/0652
powder coated in the color of matte black
49cf-4bd7-a03a-
ab5ab5531f43_1024x1024.jpg? The rope hook on the side of all four uprights provides the security
v=1561104064) for tying the...

$ 189.99 $ 107.99 & FREE Shipping


Size

X3501-BLK X3502-BLK

https://www.aaproductsinc.com/collections/ladder-racks/products/aa-racks-universal-pick-up-truck-ladder-rack-x3501?variant=13453236240450 1/6
7/19/2019 AA-Racks
Case 2:19-cv-06431 Universal Pick-Up
Document 1-1 Truck
FiledLadder Rack Adjustable
07/24/19 Page2 Bar
28Set
of–31
AA Products
PageIncID #:56
X3501 W/(8) MOUNTING CLAMPS

X3502 W/(8) MOUNTING CLAMPS

Quantity: 1

Subtotal: $ 107.99

ADD TO CART

ORDER BY PHONE

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DESCRIPTION SHIPPING & RETURNS

1. These racks features a tested loading capacity of 800 lbs. It


is powder coated in the color of matte black
2. The rope hook on the side of all four uprights provides the
security for tying the tools or loads.The shorter base support
allows it to be attached to the truck rails with products such as
truck tool box
3. There are FIVE drilling holes on the upright plate, which
make the rack more compatible bolting on different sizes of
bed margins
4. The top section is built with Two "T" sleeve bars plus Middle
Cross Bar. The Double-barred Middle section won't easily dent
or bend, making it even stronger than a one-barred design
5. The extendable design also makes it compatible with
different Truck-bed Width ranged from Min.51" - Max.71".The
height is 30.5" to the clearance and 28" to the cross bar.
6. It also has Model X34
(https://www.aaproductsinc.com/collections/ladder-
racks/products/aa-racks-model-x34-universal-truck-trailer-rack-
small-pick-up-truck-rack-ladder-lumper-utility-x34-blk) to

https://www.aaproductsinc.com/collections/ladder-racks/products/aa-racks-universal-pick-up-truck-ladder-rack-x3501?variant=13453236240450 2/6
7/19/2019 AA-Racks
Case 2:19-cv-06431 Universal Pick-Up
Document 1-1 Truck
FiledLadder Rack Adjustable
07/24/19 Page2 Bar
29Set
of–31
AA Products
PageIncID #:57
choose which compatible with small pick-up Truck-bed Width
ranged from Min.38" - Max.51"

Installation truck rack requires drilling on the bed rail.


A total of 8 bolts, nuts and washers will be included with the
hardware package.
This product will not t if you have the following with your
vehicle:
1. bed covers & camper shells;
2. Inner track systems pre-installed on the inner bed-wall
(ex:New Toyota models);
Always consult us for non-drilling options & compatibility
issues. This products is weight-tested as shown in the listing
pictures,and from feedback you should know the quality we
provide.


 Write a Review

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