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MIAMI DIVISION
Vossen Wheels,Inc. 10460 SW 186 Street Miami, Florida 33157
Plaintiff,
V.
Civ. ActionNo.
Wheel World 3,Inc dlb/al DC Rims 4690 NW 167th Street Miami, Florida 33054 Defendant
its cause of action against Defendant, Wheel World 3, Inc., doing business as DC Rims,
(hereinafter "Wheel World" or "Defendant") for patent infringement, Vossen alleges:
1. 2.
Vossen is a corporation formed under the laws of Florida and having its
principal place of business at10460 SW 186 Street, Miami, Florida 33157. Upon information and belief, Wheel World is a corporation formed under
the laws of Florida and having its principal place of business at 4690 NW 167th Street,
3.
Wheel World imports, sells, offers to sell, and distributes products within
this District, including the "DC Al1"; the "DC 3180"; andthe "DC
Al5"
wheels.
4. 5.
'541 patent") and U.S. Patent No. D690,643 ("the'643 patent") under 35 U.S.C. 5271. The Court has original and exclusive jurisdiction over the subject matter
$$
of the complaint under 28 U.S.C. $$ 1331, 1338(a). Venue is proper under 28 U.S.C.
1391 and 1a00(a).
General Allegations
6.
Vossen is the owner of the entire right, title and interest in the '541 patent
and the '643 patent by virtue of an assignment, which has been duly recorded at the United States Patent and Trademark Office. A copy of the '541 patent is attached hereto
as
7.
20t3.
The '541 patent was filed on October 26, 2012 and issued on May 07,
8.
2013.
The '643 patent was filed on October 26,2012 and issued on October 01,
9.
u.s.c.
$ 282.
The'541 patent and the '643 patent are presumed valid by virtue of
35
10.
1
The '541 patent and the '643 patent are still in full force and effect.
1.
wheels, including the DC A11; the DC 3180; and the DC A15 wheels.
COTINT I
Patent Infringement; U.S. Patent No. D681.541
12.
as is
Paragraphs
I through I I
fully
set out in
Wheel World imports, sells, distributes, and offers for sale within this
1
Wheel World has infringed upon the '541 patent in violation of Title 35
U.S.C. $271 by making, using, selling, offering to sell, and/or importing wheels that
infringe the '541 patent, all to the damage and injury of the Plaintiff Vossen.
16.
Wheel World has sold and offered for sale wheels that infringe the '541
continues to sell the accused DC A11 wheel after having notice of the infringement.
Wheel World sells and has sold infringing wheels within the United States
Upon information and belief Wheel World's actions were willful and in
and injury for which there is no adequate remedy at law against the Defendant Wheel
COUNT
II
20.
as is
fully
set out in
this paragraph2}.
21. 22.
Wheel World imports, sells, distributes, and offers for sale within this
judicial District wheels, e.g., the DC 3180 and DC A15 wheels, covered by the'643
patent.
23.
Wheel World has infringed upon the '643 patent in violation of Title 35
U.S.C. $271 by making, using, selling, offering to sell, and/or importing wheels that
ffiinge the'643
24.
Wheel World has sold and offered for sale wheels that infringe the'643
continues to sell the accused DC 3180 and DC A15 wheels after having notice of the
infringement.
Wheel World sells and has sold infringing wheels within the United States
Upon information and belief Wheel World's actions were willful and in
and injury for which there is no adequate remedy at iaw against the Defendant Wheel
PRAYER FOR RELIEF WHEREFORE, Plaintiff Vossen prays that judgment be entered by this Court in
its favor and against the Defendant Wheel World providing the following relief:
1.
in
preliminarily and permanently enjoined from making, using, offering to sell, selling and
importing products that infringe the '541 patent and the '643 patett;
2.
profits and for all damages sustained by and entitled to Plaintiff by reason of the
infringement of the '541patent or the '643 patent (35 U.S.C. $ 28a);
3.
and be iiable to
the '541 patent and the '643 patent (35 U.S.C. $ 289);
4.
amount to be determined at trial, and for prejudgment interest based upon infringement
damages accruing from the date of Defendant's acts of infringement;
5.
disregard of Plaintifls rights and be required to pay to Plaintiff the costs of this action
and Plaintiffs reasonable attorney fees (35 U.S.C. $ 285), and that such damages be
trebled;
6.
to deliver to Plaintiff
for
immediate destruction
other promotional or advertising items, web site or other materials for its infringing
wheels;
7.
just.
Stephen Maclsaac, PA Florida Bar #:0061480 2525 Park City Way Tampa, FL 33609 Phone: 813/877-8125 Facsimile: 8661 689-07 63 i\ 1;ic i :a*,,: l:i'.. rl git:iii i. cori l Trial Counsel For Plaintiff Vossen Wheels, Inc. and Joseph W. Berenato BERENATO & WHITE, LLC 6550 Rock Spring Drive
Suite 240 Bethesda, MD 20817 Phone: 301/896-0600 Facsimile: 301 1896-0607 e-mail: j Ll,:i-x natii'rr, irv, - ipi4rr .cttn-i
Matthew Stavish BERENATO & WHITE, LLC 6550 Rock Spring Drive Suite 240 Bethesda, MD 20817 Phone:301/896-0600 Facsimile: 301 1896-0607
e-mail :
111 5
j [ 6 1; s fu r'rr,'i-r
nt
VERIFICATION
Javid Azadi states that he is duly authorized representative of Plaintiff and that he verifies
the allegations in the Compiaint and that
to
EXHIBIT T
Vossen Wheels, Inc. v. Wheel World 3, Inc.,
d/b/a/
DC Rims
il
]]ililt
(12)
**
US D681,541
S D{ay 7,2013
D12i2Il Dt2 ll l
D12,',211 D12,,21 I
D578.948S
(72)
(73)
Beach. FL (US)
* 10'2008 Asadaetal * 5:'2010 Zhao........ * 8i2010 Z,hao ........ * ii20i1 Johnson ... + 412012 .lohnson ,..
Dr2,21l
IL
+ cited by examiuer
(US)
(**)
Terrn:
.A.ppl.
PrinnnExantirer
14 Years
(21)
(5r
No.: 291435,695
act.26,2{ll2
LOC (e)
{r.
(]I,,AIM (.s7) The ornaurental design lbr a liont face slxrwn and described.
12-16
...............
(58)
...........
DESCRIPTION
Dt2t21l
Field of Classification Search ......... Dl2l2M 213: 30i/37.101. 64.10i. 65. 64.20i See application file lirr cornplete search hislory.
References Cited lJ.S. PAIENT DOCUMENTS
FIG.
I is a front view r.-rl'a liont ibce oi a veiricle wheel showing my new design; and. FIG. 2 is a lop and left side penpective view of tire wheel
in FIG.
(56)
D549.615
sht-rwn
l.
The brokeu line sirowing of the rear of the wheel is included for lhe purpose of illustrating enviromnent and lbrms no parl
1 Claim. 2
Drawing Sheets
U.S. Patent
N{ay 7,2013
Sheet 2 of 2
US D681,541 S
Fig. 2
U.S. Patent
May 7,2013
Sheet
I ofZ
us D681,541
Fig.
EXHIBIT 2
Vossen Wheels, Inc. v. Wheel World 3, Inc.,
U.S.
d/b/a/ DC Rims
ilil
ilililll
ilr
us00D690643S
lilt
llilt
(r2)
(to) Patent No.: 1+s1 Date of Patent: S* S$ S+ S* D6i4.252 S * D6i5.906 S + D649.104 S * D649.92) S * D656,078 S * D656.879 S * D659.071 S I D670.633 S * D676.795 S *
D605.999 D619.073 D622.200 D610,567
**
US D690,643
Oct. 1,2013
...-.. Dl2,:211
(54)
(71 )
(72)
{7?\
Ilventor:
1212009 Stopp................ 712010 Groorn 8,'2010 Zhao 1,'2011 Ettensberger ..... i2011 .Iohnson............
...... D12:2ll
..... D121211
412011 Futschiketal.
..
11r20ll Gallert
4i2012 Gallert
-femr:
121)
14 Years 291435,702
-\pl. No.:
al.
.......,
..... Dt2',2ll
...... Dl2i 2l
...... Dl2i2l I ....., Dl2r21l ...... Dl2r2l1 ...... D12,211 ...... D12i2ll
I
2'2011 Wachter'-...........
(22)
(51 )
Filed:
LOC (9)
U,S. CI.
Oct.26,2Al2
* cited by exanliner
Cr. ...............
........... 12-16
Ir12/211
Priuan,
(s7)
(s2)
usPC
(58)
...........
...........
Extniner
Firm
C]LAIM
l-ace
USPC
...
D1212O4
-213:
ola vehicle
30il65.64.2A1
See application file 1br complete search history.
DESCRIPTION
FiG. I is a perspective vieu' of a liont f-ace of a vehicle wheel. shoil'ing n1y new desigl: and. FIG. 2 is a liont view thereof. 'I1re broken iine showing of the rear portion of tlre wheel is included ibr the purpose of illustrating etvirolunent and lbnns no part ol'tire claimed design.
1
(56)
S S S D553.,550 S D596.100 S D596.549 S
D410.618 D515.003 D542.211
* * I * * 'r
10
611999 Hussaini etal. ............. D12,21I 1r200(r frchazrbal .................... Dl],'21 I 512007 Dl2r21l
Dl2'll
Dl2'21
I
I
Dl2 2l
U.S. Patent
Oct. 1,2013
Sheet
I of2
us D690,643
Fig.
U.S. Patent
Oct. 1,2013
Sheet 2 of 2
us D690,643
Fig. 2