Coplus Inc. v. Zhejiang Yuazheng Auto & Motorcycle Accessories - Complaint

Case 2:20-cv-07754 Document 1 Filed 08/25/20 Page 1 of 17 Page ID #:1
1 DUSTIN R. SZAKALSKI, CA Bar No. 280726

dszakalski@lrrc.com
2 LEWIS ROCA ROTHGERBER CHRISTIE LLP
655 N. Central Avenue, Suite 2300
3 Glendale, CA 91203-1445
Telephone: (626) 795-9900
4 Facsimile: (626) 577-8800
5 Attorneys for Plaintiff
COPLUS, INC.
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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COPLUS INC., Case No. 2:20-cv-07754
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Plaintiff, COMPLAINT FOR DESIGN
13 PATENT INFRINGEMENT
14 vs.
15 ZHEJIANG YUANZHENG AUTO JURY TRIAL DEMANDED
16 & MOTORCYCLE ACCESSORIES
CO., LTD., a China Limited Company,
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Defendant.
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21 Plaintiff Coplus Inc. (hereinafter “Coplus”), in its complaint against
22 Defendant Zhejiang Yuazheng Auto & Motorcycle Accessories Co., Ltd.
23 (China Limited Company) (hereinafter “Zhejiang”), alleges as follows:
24 NATURE OF THIS ACTION
25 1. This is an action for design patent infringement under 35 U.S.C.
26 § 271 arising out of Defendant’s sale and exportation of automotive headlights.
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1 THE PARTIES
2 2. Coplus is a corporation organized and existing under the laws of
3 Taiwan (the Republic of China (ROC)), having a principle place of business at
4 No. 7, Xinping Rd., South Dist., Tainan City, Taiwan (TW) 70266.
5 3. Through its distributors, Coplus sells aftermarket automotive
6 accessories and parts, including aftermarket headlights, in this district, in the
7 State of California, and throughout the United States of America.
8 4. On information and belief, Zhejiang is a corporation organized and
9 existing under the laws of People’s Republic of China (PRC), having a principle
10 place of business at Luofeng North Industrial Area, No185 Fengdu 2nd Road,
11 Tangxia Ruian, Zhejiang Province, China 325200.
12 5. On information and belief, Zhejiang markets, sells, and imports
13 aftermarket automotive accessories and parts in this district, in the State of
14 California, and throughout the United States of America.
15 JURISDICTION AND VENUE
16 6. This Court has jurisdiction over the subject matter of this action
17 pursuant to 28 U.S.C. §1338(a), because Coplus’s claim of patent infringement
18 against Defendant arises under 35 U.S.C. § 271.
19 7. Zhejiang is subject to personal jurisdiction in this judicial district
20 because Zhejiang has purposefully availed itself of the privilege of doing business
21 in this judicial district, transacts business in this district, and has sufficient
22 minimum contacts with California to render the exercise of jurisdiction over
23 Zhejiang compatible with due process.
24 8. Venue is proper in this Court under 28 U.S.C. §§ 1391(c)(3) because
25 Zhejiang is not resident in the United States of America. Additionally, wrongful
26 acts as alleged herein have occurred in this district.
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1 GENERAL ALLEGATIONS
2 9. Coplus is a leader in the field of aftermarket automotive parts,
3 including aftermarket headlights.
4 10. On May 4, 2018, Plaintiff filed U.S. patent application no.
5 29/646571 (“the ‘571 application”) directed to one of its automotive headlights.
6 The ‘571 application issued as U.S. Design Patent No. D869,022 S
7 (“the ‘022 Patent”) on December 3, 2019 and is titled “Vehicle Light.” A true
8 and correct copy of the ‘022 Patent is attached as Exhibit A. The ‘022 Patent
9 remains in full force and effect.
10 11. The ‘022 Patent is valid, enforceable, and was duly issued in full
11 compliance with Title 35 of the United States Code.
12 12. The ‘022 Patent is legally presumed to be valid under 35 U.S.C.
13 § 282.
14 13. Coplus is the assignee and owner of all rights, title, and interests in
15 the ‘022 Patent, including all rights to pursue and collect past and future royalties
16 and damages for infringement of the patented claim. Coplus retains the exclusive
17 right to enforce the ‘022 Patent.
18 14. The ‘022 Patent covers the ornamental design for a vehicle light.
19 15. On December 2, 2019, Plaintiff filed U.S. patent application no.
20 29/715440 (“the ‘440 application) directed to one of its automotive headlights.
21 The ‘440 application is a continuation of the ‘571 application, which issued as the
22 ‘022 Patent. The ‘440 application issued as U.S. Design Patent No. D888,298 S
23 (“the ‘298 Patent”) on June 23, 2020 and is titled “Vehicle Light.” A true and
24 correct copy of the ‘298 Patent is attached as Exhibit B. The ‘298 Patent remains
25 in full force and effect.
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2 § 282.
8 20. Coplus practices the ‘298 Patent and the ‘022 Patent in connection
9 with the commercialization of headlights for the Ford F-150 vehicle, as shown for
10 example below.
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‘298 Patent Coplus Headlight
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22 21. The Coplus vehicle headlights for the Ford F-150 have been
23 commercially successful with their distinctive design providing differentiation to
24 other competitors' designs.
25 22. The Coplus vehicle headlight is, and has been, marked with the
26 number of the ‘022 Patent, as shown below.
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14 23. On March 3, 2017, Plaintiff filed U.S. patent application no.
15 29/596026 (“the ‘026 application”) directed to one of its automotive headlights.
16 The ‘026 application issued as U.S. Design Patent No. D812,791 S (“the ‘791
17 Patent”) on March 13, 2018 and is titled “Vehicle Light.” A true and correct copy
18 of the ‘791 Patent is attached as Exhibit C. The ‘791 Patent remains in full force
19 and effect.
23 § 282.
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1 28. Coplus practices the ‘791 Patent in connection with the

2 commercialization of headlights for the Subaru WRX STI vehicle, as shown for
3 example below.
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‘791 Patent Coplus Headlight
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20 29. The Coplus vehicle headlights for the Subaru WRX STI have been
21 commercially successful with their distinctive design providing differentiation to
22 other competitors' designs.
23 30. The Coplus vehicle headlight is, and has been, marked with the
24 number of the ‘791 Patent, as shown below.
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9 31. On information and belief, Defendant manufactures a vehicle
10 headlight for the 2018-2020 Ford F-150 vehicle, manufacturer part number YAA-
11 F50-0713A, which is covered by the claims of the ‘022 Patent and the ‘298 Patent
12 (the “Ford Infringing Product”).
13 32. On information and belief, Defendant does business under the brand
14 VLAND. A true and correct copy of Defendant’s U.S. trademark registration for
15 the mark “VLAND” (Reg. No. 5,065,813) is attached as Exhibit D.
16 33. On information and belief, Defendant exports or otherwise
17 distributes the Ford Infringing Product for marketing and sale in the United
18 States, including exporting, distributing, or selling the Ford Infringing Product to
19 Kaiso Auto (“Kaiso”) for marketing and sale in the United States.
20 34. Kaiso has sold and offered for sale in this district and elsewhere, and
21 continues to sell and offer for sale in this district and elsewhere in the United
22 States, without the consent or authorization of Plaintiff, the Ford Infringing
23 Product marketed as “AUTOCLUB LED Headlights For Ford F150 F-150 2018
24 2019 2020 4 LED Projector Full LED Front Lamp Assembly Amber DRL Plug n
25 play,” manufacturer part number YAA-F150-0713A.
26 35. A true and correct copy of Kaiso’s advertisement, offer for sale, and
27 sale of the Infringing Product on Amazon’s online marketplace
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1 (https://www.amazon.com/gp/product/B08CV34LGD/ref=ox_sc_saved_title_2?s
2 mid=AWJX12Y7JU4TS&psc=1), is attached as Exhibit E.
3 36. A true and correct copy of Kaiso’s advertisement and offer for sale
4 of the Infringing Product on its Facebook page
5 (https://www.facebook.com/Lightingtuning/) is attached as Exhibit F.
6 37. A true and correct copy of Kaiso’s advertisement, offer for sale, and
7 sale of the Infringing Product on its webpage
8 (https://www.cartooauto.com/index.php?route=product/
9 product&product_id=530) is attached as Exhibit G.
10 38. On information and belief, the Ford Infringing Product advertised on
11 Amazon, Facebook, and Kaiso’s webpage for sale in the United States (as shown
12 in Exhibits E, F, and G) was purchased or otherwise procured or sourced from
13 Defendant.
14 39. On July 22, 2020, Plaintiff notified Kaiso by means of a letter to Hao
15 Wang that Defendant’s Ford Infringing Product advertised and sold (or intended
16 to be sold) by Kaiso infringed the claim of the ‘022 Patent. A copy of the
17 Plaintiff’s letter to Kaiso is attached as Exhibit H.
18 40. On information and belief, Hao Wang is a salesman employed by
19 Defendant. Exhibit I includes true and correct screenshots from Facebook
20 depicting Hao Wang’s relationship with both Kaiso and Defendant, which does
21 business under the brand VLAND.
22 41. On information and belief, Kaiso has continued to advertise, sell, and
23 offer for sale in this district and elsewhere in the United States, without the
24 consent or authorization of Plaintiff, the Ford Infringing Product, despite
25 Plaintiff’s express notice of the ‘022 Patent and the relationship to the Ford
26 Infringing Product.
27 42. On information and belief, Defendant has continued to export or
28 otherwise distribute the Ford Infringing Product to Kaiso for sale in this district
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1 and elsewhere in the United States, without the consent or authorization of

2 Plaintiff, despite Plaintiff’s express notice of the ‘022 Patent and the relationship
3 to the Ford Infringing Product.
4 43. On information and belief, Defendant manufactures a vehicle
5 headlight for the 2015-2019 Subaru WRX STI vehicle, which is covered by the
6 claim of the ‘791 Patent (the “Subaru Infringing Product”).
7 44. On information and belief, Defendant exports or otherwise
8 distributes the Subaru Infringing Product for marketing and sale in the United
9 States, including exporting, distributing, or selling the Subaru Infringing Product
10 to Burnz Auto Accessories, Inc. (“Burnz”) for marketing and sale in the United
11 States.
12 45. Burnz has sold and offered for sale in this district and elsewhere, and
13 continues to sell and offer for sale in this district and elsewhere in the United
14 States, without the consent or authorization of Plaintiff, the Subaru Infringing
15 Product marketed as “V1 Sequential Headlights 2015+ WRX STI.”
16 46. A true and correct copy of Burnz’s advertisement and offer for sale
17 of the Subaru Infringing Product on its Facebook page
18 (https://www.facebook.com/burnzauto/) is attached as Exhibit J.
19 47. A true and correct copy of Burnz’s advertisement and offer for sale
20 of the Infringing Product on its webpage (https://burnzauto.com/collections/new-
21 items/products/v1-sequential-headlights-2015-wrx-sti) is attached as Exhibit K.
22 48. On information and belief, the Subaru Infringing Product advertised
23 on Facebook and Burnz’s webpage for sale in the United States (as shown in
24 Exhibits J and K) was purchased or otherwise procured or sourced from
25 Defendant.
26 49. On August 17, 2020, Plaintiff notified Burnz by means of a letter
27 that Defendant’s Subaru Infringing Product advertised and sold (or intended to be
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1 sold) by Burnz infringed the claim of the ‘791 Patent. A true and correct copy of
2 the Plaintiff’s letter to Burnz is attached as Exhibit L.
3 50. On August 17, 2020, Burnz sent an email to Plaintiff’s counsel
4 stating, in part, “Burnz Auto doesn’t make any and never has. Do you your
5 homework and you will see we sell Vland headlights and tails.” A true and
6 correct copy of the August 17, 2020 from Burnz is attached as Exhibit M.
7 51. On August 19, 2020, Burnz sent a second email to Plaintiff’s counsel
8 stating, in part, “Again, reach out the the [sic] company that makes them Vland.
9 You can deal [sic] them as we only sell what they give us. We don’t make them
10 and never have as for your design you claim to be yours, I’m sure Vland’s came
11 from the Concept car that’s [sic] made. Also again if you look at the website you
12 will See [sic] that are branded Vland. Also if you look at the ad that was posted
13 from the start we clearly show they are Vland and not Burnz Auto.” A true and
14 correct copy of the August 19, 2020 email from Burnz is attached as Exhibit N.
15 52. On August 21, 2020, Plaintiff sent Burnz a letter notifying Burnz
16 that “pursuant to 35 U.S.C. §271(a), the sale of an infringing product constitutes
17 infringement even if the seller is not the manufacturer of the infringing product.”
18 A true and correct copy of the copy of Plaintiff’s August 20, 2020 letter to Burnz
19 is attached as Exhibit O.
20 53. On August 21, 2020, Burnz sent an email to Plaintiff’s counsel
21 stating, in part, “[t]his is something that you guys need to take up with Vland and
22 not us.” A true and correct copy of the August 21, 2020 email from Burnz is
23 attached as Exhibit P.
24 54. On information and belief, Burnz has continued to advertise, sell,
25 and offer for sale in this district and elsewhere in the United States, without the
26 consent or authorization of Plaintiff, the Subaru Infringing Product, despite
27 Plaintiff’s express notice of the ‘791 Patent and the relationship to the Subaru
28 Infringing Product.
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1 55. On information and belief, Defendant (utilizing its VLAND brand)

2 has continued to export or otherwise distribute the Subaru Infringing Product to
3 Burnz for sale in this district and elsewhere in the United States, without the
4 consent or authorization of Plaintiff, despite Plaintiff’s express notice of the ‘791
5 Patent and the relationship to the Subaru Infringing Product.
6
7 CLAIM FOR RELIEF
8 COUNT I
9 (Direct Patent Infringement)
10 56. Plaintiff hereby repeats and realleges paragraphs 1 through 55 as
11 though fully set forth herein.
12 57. Defendant’s Ford Infringing Product incorporates the design
13 patented in the ‘022 Patent and/or the ‘298 Patent, or a colorable imitation
14 thereof.
15 58. In the eye of an ordinary consumer familiar with the prior art,
16 Defendant’s Ford Infringing Product is substantially the same as Coplus’s design
17 covered by the ‘022 Patent and the ‘298 Patent such that the ordinary consumer
18 would be deceived by the substantial similarity of the designs so as to be induced
19 into purchasing the Defendant’s Ford Infringing Product supposing it to be one
20 offered by Coplus and covered by the ‘298 and ‘022 Patents, as shown below.
21 ///
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2 ‘298 Patent Ford Infringing Product
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19 59. The alleged infringing acts of Defendant with respect to the ‘022
20 Patent and the ‘298 Patent are performed without right, license, or authorization
21 from Plaintiff.
22 60. By its aforesaid acts, Defendant has directly infringed and continues
23 to infringe the claims of the ‘022 Patent and the ‘298 Patent by, inter alia,
24 making, using, offering to sell, and/or selling in the United States, or importing
25 into the United States, products infringing the ornamental design covered by the
26 ‘298 and ‘022 Patents in violation of 35 U.S.C. § 271(a).
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1 61. Defendant has had actual or constructive notice of the existence of

2 the ‘022 Patent and despite such notice has continued to engage in acts of
3 infringement.
6 infringement.
7 63. Defendant’s Subaru Infringing Product incorporates the design
8 patented in the ‘791 Patent, or a colorable imitation thereof.
9 64. In the eye of an ordinary consumer familiar with the prior art,
10 Defendant’s Subaru Infringing Product is substantially the same as Coplus’s
11 design covered by the ‘791 Patent such that the ordinary consumer would be
12 deceived by the substantial similarity of the designs so as to be induced into
13 purchasing the Defendant’s Subaru Infringing Product supposing it to be one
14 offered by Coplus and covered by the ‘791 Patents as shown below.
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‘791 Patent Subaru Infringing Product
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1 65. The alleged infringing acts of Defendant with respect to the ‘791
2 Patent are performed without right, license, or authorization from Plaintiff.
3 66. By its aforesaid acts, Defendant has directly infringed and continues
4 to infringe the claim of the ‘022 Patent and the ‘298 Patent by, inter alia, making,
5 using, offering to sell, and/or selling in the United States, or importing into the
6 United States, products infringing the ornamental design covered by the ‘298 and
7 ‘022 Patents in violation of 35 U.S.C. § 271(a).
10 infringement.
11 68. As a direct result of Defendant’s acts complained of herein, Plaintiff
12 has been actually damaged and irreparably harmed and Defendant has been
13 unjustly enriched, to an extent not presently ascertained, which damage, harm and
14 enrichment will continue until enjoined from further infringement by order of
15 this Court.
16 69. On information and belief, Defendant’s infringement of the
17 ‘298 Patent, the ‘022 Patent, and the ‘791 Patent has been, and continues to be,
18 willful because Defendant continues to directly infringe the ‘298 Patent, the
19 ‘022 Patent, and the ‘791 Patent despite having notice of the ‘298 Patent, the
20 ‘022 Patent, and the ‘791 Patent and with knowledge that such infringement has
21 occurred, or at least willful blindness to whether such infringement has occurred,
22 and therefore Plaintiff is entitled to enhanced damages against Defendant.
23 70. This is an exceptional case and Plaintiff is entitled to an award of its
24 attorneys’ fees.
25 PRAYER FOR RELIEF
26 WHEREFORE, Plaintiff respectfully requests that the Court finds in its
27 favor and against Defendant, and that the Court grant Plaintiff the following
28 relief:
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1 a) Adjudging and decreeing that Defendant has infringed and is

2 infringing the ‘022 Patent, the ‘298 Patent, and the ‘791 Patent by its
3 manufacture, use, importation, sale, and/or offer for sale of the Ford
4 Infringing Product and the Subaru Infringing Product;
5 b) A temporary and permanent injunction prohibiting Defendant and its
6 officers, directors, agents, servants, employees and attorneys, and
7 other persons in active concert or participation with Defendant, from
8 making, importing, using, selling, and offering to sell in the United
9 States infringing products practicing the ‘022 Patent, the ‘298 Patent,
10 or the ‘791 Patent, from other infringing, contributing to
11 infringement of, and actively inducing infringement of the ‘022
12 Patent, the ‘298 Patent, and the ‘791 Patent, and for all further and
13 proper injunctive relief pursuant to 35 U.S.C. § 283;
14 c) An order requiring Defendant to deliver up to Plaintiff for
15 destruction any and all Ford Infringing Products and Subaru
16 Infringing Products in Defendant’s possession, custody or control,
17 along with any items of manufacture, the sole purpose of which is to
18 manufacture such Ford Infringing Products or Subaru Infringing
19 Products, as well as any promotional literature and packaging which
20 displays or promotes such Ford Infringing Products or Subaru
21 Infringing Products;
22 d) An accounting of all of Defendant’s infringing sales of the Ford
23 Infringing Products and the Subaru Infringing Products and all of
24 Defendant’s revenue generated from the sales of the Ford Infringing
25 Products and the Subaru Infringing Products;
26 e) An award to Plaintiff of its lost profits or such past damages, not less
27 than a reasonable royalty, as it shall prove at trial against Defendant
28 that is adequate to fully compensate Plaintiff for Defendant’s
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1 infringement of the ‘022 Patent, the ‘289 Patent, and the ‘791 Patent,
2 together with post-judgment and pre-judgment interest thereon,
3 pursuant to 35 U.S.C. § 284;
4 f) An award to Plaintiff of Defendant’s total profit, but not less than
5 $250, from the sale of the Ford Infringing Product and Subaru
6 Infringing Product in the United States, together with post-judgment
7 and pre-judgment interest thereon, pursuant to 35 U.S.C. § 289;
8 g) A determination that Defendant’s infringement has been willful,
9 wanton, and deliberate and that the damages against Defendant be
10 trebled, pursuant to 35 U.S.C. § 284 or for any other basis in
11 accordance with the law;
12 h) A finding that this case is exceptional and an award to Plaintiff of its
13 costs, expenses, and reasonable attorneys’ fees, as provided by
14 35 U.S.C. § 285; and
15 i) For such other and further relief as the Court may deem just and
16 proper.
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18 Dated: August 25, 2020 Respectfully submitted,
19 LEWIS ROCA ROTHGERBER
CHRISTIE LLP
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By /s/Dustin R. Szakalski
21 Dustin R. Szakalski
COPLUS INC.
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1 DEMAND FOR JURY TRIAL

2 Plaintiff Coplus, pursuant to Federal Rule of Civil Procedure 38, hereby
3 demands a trial by jury of all issues so triable.
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5 Dated: August 25, 2020 Respectfully submitted,
6 LEWIS ROCA ROTHGERBER
CHRISTIE LLP
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8 By /s/Dustin R. Szakalski
Dustin R. Szakalski
10 COPLUS INC.
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Case 2:20-cv-07754 Document 1-1 Filed 08/25/20 Page 1 of 77 Page ID #:18
EXHIBIT A
Exhibit A
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EXHIBIT B
Exhibit B
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Exhibit B
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Exhibit B
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EXHIBIT C
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EXHIBIT D
Reg. No. 5,065,813 ZHEJIANG YUANZHENG AUTO & MOTORCYCLE ACCESSORIES CO., LTD
(CHINA LIMITED COMPANY )
Registered Oct. 18, 2016 Luofeng North Industrial Area
No185 Fengdu 2nd Road
Tangxia Ruian, Zhejiang Province, CHINA 325200
New Cert. Aug. 27, 2019
CLASS 11: Head lights for vehicles; tail lights for vehicles; brake lights for vehicles; Lights
Int. Cl.: 11 for vehicles; Vehicle turn-signal light bulbs; light bulbs
Trademark FIRST USE 7-29-2016; IN COMMERCE 7-29-2016
Principal Register THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
PARTICULAR FONT STYLE, SIZE OR COLOR
SER. NO. 86-834,961, FILED 12-01-2015
Exhibit D
Page 43
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 # 5065813
Exhibit D
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EXHIBIT E
Exhibit E
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EXHIBIT F
Exhibit F
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EXHIBIT G
Exhibit G
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EXHIBIT H
Dustin R. Szakalski
Lewis Roca Rothgerber Christie LLP 655 North Central Avenue 626.795.9900 main Partner
Post Office Box 29001 Suite 2300 626.577.8800 fax Admitted in California
Glendale, CA 91209-9001 Glendale, CA 91203-1445 lrrc.com DSzakalski@lrrc.com
July 22, 2020
Via Email Only

op940606@126.com
Hao Wang
KAISO PARTS
LIGHTING TUNING
Tel: +86 176 8175 0291
Wenzhou, China
Re: Infringement of Coplus’s Design Patent No. D869,022

LRRC Ref. 402120-00001
Dear Mr. Wang:
We represent Coplus, Inc. ("Coplus") in connection with the enforcement of Coplus’s

intellectual property rights, including their patents. Coplus is the owner of several patents directed
to vehicle headlights, including U.S. Design Patent No. D869,022 (the ‘022 Patent), a copy of
which is enclosed. Coplus also has corresponding design patents in Taiwan and China.
We recently became aware that Kaiso-Parts (“Kaiso”) is offering for sale a vehicle
headlight for the 2018-2020 Ford F-150 (“the Kaiso Ford F-150 Design”), including marketing the
Kaiso Ford F-150 Design headlight on Amazon’s online marketplace
(https://www.amazon.com/gp/product/B08CV34LGD/ref=ox_sc_saved_title_2?smid=AWJX12Y
7JU4TS&psc=1), on your Facebook page (https://www.facebook.com/Lightingtuning/), and on
Kaiso’s site (https://www.cartooauto.com/index.php?route=product/product&product_id=530).
We have reviewed this product carefully and have concluded that it infringes the claim of the ‘022
patent because, in the eye of an ordinary observer familiar with the prior art, the Kaiso Ford F-
150 Design and the design covered by the ‘022 Patent are substantially the same such that the
consumer would be induced into purchasing the Kaiso Ford F-150 Design headlight supposing it
to be one offered by Coplus. Photographs comparing the Kaiso Ford F-150 Design headlight
installed on a Ford F-150 vehicle to Coplus’s patented headlight design installed on a Ford F-150
vehicle are also enclosed for your reference.
In view of the foregoing, we demand that Kaiso immediately:
1. Discontinue the manufacture, importation, use, offer for sale, and/or sale of the
infringing Kaiso Ford F-150 Design headlights in any medium in the United States,
including online (e.g., e-commerce sites, social media sites, Kaiso’s official
website, etc.) and at physical stores;
2. Destroy all remaining inventory of the infringing Kaiso Ford F-150 Design
headlights in the United States; and
Albuquerque / Colorado Springs / Denver / Las Vegas / Los Angeles / Phoenix / Reno / Silicon Valley / Tucson
111798060.1
Exhibit H
Page 48
Hao Wang
KAISO PARTS
July 22, 2020
Page 2
3. Provide us with a full and complete accounting of all sales, dispositions, and
transfers to date of the infringing Kaiso Ford F-150 Design headlights in the United
States.
Please confirm to us in writing within seven days from the date of this letter that Kaiso
agrees to take the above-described actions. Thereafter, we can proceed with the resolution of
this matter, including potentially discussing a monetary settlement. If you fail to comply with these
demands, we will be forced to consider other options, including filing a complaint for patent
infringement.
In the meantime, nothing in this letter is a waiver of Coplus’s rights and remedies in
connection with this matter, all of which are expressly reserved.
Sincerely,
Dustin R. Szakalski
DRS/drs
111798060.1
Exhibit H
Page 49
Hao Wang
KAISO PARTS
July 22, 2020
Page 3
COPLUS AMAZON/KAISO
111798060.1
Exhibit H
Page 50
EXHIBIT I
Exhibit I
Page 51
EXHIBIT J
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Exhibit J
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https://www.facebook.com/burnzauto/ 8/20/2020
EXHIBIT K
Exhibit K
Page 54
EXHIBIT L
Dustin R. Szakalski
August 17, 2020
Via Email with Confirmation by Mail to Registered Agent

sales@burnzauto.com
Bernie Szmidt
Owner and Founder
BURNZ AUTO ACCESSORIES, INC.
Fredericton, New Brunswick, Canada
Registered United States Agent: 1201 Orange St., Ste. 600; One Commerce Center,
Wilmington, DE 19801
Re: Infringement of Coplus’s U.S. Design Patent No. D812,791

LRRC Ref. 402120-00001
Dear Mr. Szmidt:
We represent Coplus, Inc. ("Coplus") in connection with the enforcement of Coplus’s

intellectual property rights, including their patents. Coplus is the owner of several patents directed
to vehicle headlights, including U.S. Design Patent No. D812,791 (the ‘791 Patent), a copy of
which is enclosed. Coplus also owns corresponding design patents in Taiwan, China, Japan, and
Europe.
We recently became aware that Burnz Auto Accessories, Inc. (“Burnz”) is offering for sale
a vehicle headlight for the 2015+ Subaru WRX STI (“the Burnz Subaru Design”), including
marketing the Burnz Subaru Design headlight on Burnz’s Facebook page
(https://www.facebook.com/burnzauto/), and on Burnz’s official website
(https://burnzauto.com/collections/new-items/products/v1-sequential-headlights-2015-wrx-sti).
Screenshots from Burnz’s Facebook page and Burnz’s official website depicting the Burnz Subaru
Design are enclosed for your reference. We have reviewed this product carefully and have
concluded that it infringes the claim of the ‘791 patent because, in the eye of an ordinary observer
familiar with the prior art, the Burnz Subaru Design and the design covered by the ‘791 Patent are
substantially the same such that the consumer would be induced into purchasing the Burnz
Subaru Design headlight supposing it to be one offered by Coplus. Photographs comparing the
Burnz Subaru Design headlight to Coplus’s patented headlight design installed on a Subaru WRX
are also enclosed for your reference.
In view of the foregoing, we demand that Burnz immediately:
1. Discontinue the manufacture, importation, use, offer for sale, and/or sale of the
infringing Burnz Subaru Design headlights in any medium in the United States,
including online (e.g., e-commerce sites, social media sites, Burnz’s official
website, etc.) and at physical stores;
112009240.1
Exhibit L
Page 55
Bernie Szmidt
August 17, 2020
Page 2
2. Destroy all remaining inventory of the infringing Burnz Subaru Design headlights
in the United States; and
transfers to date of the infringing Burnz Subaru Design headlights in the United
States.
Please confirm to us in writing within seven days from the date of this letter that Burnz
agrees to take the above-described actions. Thereafter, we can proceed with the resolution of
this matter, including potentially discussing a monetary settlement. If you fail to comply with these
demands, we will be forced to consider other options, including filing a complaint for patent
infringement.
In the meantime, nothing in this letter is a waiver of Coplus’s rights and remedies in
connection with this matter, all of which are expressly reserved.
Sincerely,
Dustin R. Szakalski
DRS/drs
112009240.1
Exhibit L
Page 56
Bernie Szmidt
August 17, 2020
Page 3
112009240.1
Exhibit L
Page 57
Bernie Szmidt
August 17, 2020
Page 4
COPLUS BURNZ AUTO
112009240.1
Exhibit L
Page 58
EXHIBIT M
Kim, Grace H.
From: Sales Burnz Auto <sales@burnzauto.com>

Sent: Monday, August 17, 2020 3:35 PM
To: Kim, Grace H.
Subject: Re: Infringement of Coplus’s U.S. Design Patent No. D812,791 (LRRC Ref. 402120-00001)
[EXTERNAL]
You guys should do your homework before you send me this shit.
What headlights or taillights are you talking about?
Burnz Auto doesn’t make any and never has. Do you your homework and you will see we sell Vland headlights and tails.
Thx
On Mon, Aug 17, 2020 at 7:31 PM Kim, Grace H. <GKim@lrrc.com> wrote:
LRRC Ref. 402120-00001
Dear Mr. Szmidt:
Please see the attached correspondence sent to you on behalf of Dustin R. Szakalski.
1
Exhibit M
Page 59
If you have any questions, please do not hesitate to contact us.
Sincerely,
2
Exhibit M
Page 60
Grace H Kim
IP Legal Secretary
626.683.5970 office
626.577.8800 fax
GKim@lrrc.com
COVID-19 questions?
Connect to our
3
Exhibit M
Page 61
Rapid Response Team
for answers and resources.
_____________________________
Lewis Roca Rothgerber Christie LLP
655 North Central Avenue, Suite 2300
Glendale, CA 91203-1445
lrrc.com
4
Exhibit M
Page 62
Because what matters
to you, matters to us.
Read
our client service principles
This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an
attachment is not the intended recipient or the employee or agent responsible for delivering the message
or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly
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to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the
intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.
5
Exhibit M
Page 63
EXHIBIT N
Kim, Grace H.

Sent: Wednesday, August 19, 2020 5:44 AM
To: Kim, Grace H.
[EXTERNAL]
Again, reach out the the company that makes them Vland. You can deal them as we only sell what they give us. We
don’t make them and never have as for your design you claim to be yours, I’m sure Vland’s came from the Concept car
that’s Subaru made.
Also again if you look at the website you will

See that are branded Vland.
Also if you look at the ad that was posted from the start we clearly show they are Vland and not Burnz Auto.
If you have anymore questions please let me know and I would be happy to help.
Thank you
Bernie
1
Exhibit N
Page 64
2
Exhibit N
Page 65
3
Exhibit N
Page 66
4
Exhibit N
Page 67
On Mon, Aug 17, 2020 at 7:34 PM Sales Burnz Auto <sales@burnzauto.com> wrote:
You guys should do your homework before you send me this shit.
What headlights or taillights are you talking about?
Burnz Auto doesn’t make any and never has. Do you your homework and you will see we sell Vland headlights and
tails.
Thx
On Mon, Aug 17, 2020 at 7:31 PM Kim, Grace H. <GKim@lrrc.com> wrote:
LRRC Ref. 402120-00001
Dear Mr. Szmidt:
Sincerely,
5
Exhibit N
Page 68
6
Exhibit N
Page 69
Grace H Kim
IP Legal Secretary
626.683.5970 office
626.577.8800 fax
GKim@lrrc.com
COVID-19 questions?
7
Exhibit N
Page 70
Connect to our
Rapid Response Team
_____________________________
lrrc.com
8
Exhibit N
Page 71
Read
9
Exhibit N
Page 72
EXHIBIT O
Dustin R. Szakalski
August 21, 2020

Via Email Only
sales@burnzauto.com
Bernie Szmidt
Owner and Founder
Fredericton, New Brunswick, Canada

LRRC Ref. 402120-00160
Dear Mr. Szmidt:
I have reviewed your emails of August 17 and August 19, 2020 in which you indicate that
Vland manufactures the 2015+ Subaru WRX STI headlights that are marketed and sold by Burnz
Auto as the “V1 Sequential Headlights 2015+ WRX STI” (https://burnzauto.com/collections/new-
items/products/v1-sequential-headlights-2015-wrx-sti) (hereinafter, the “Burnz Subaru Design”).
As I mentioned in my previous letter, the Burnz Subaru Design headlight infringes U.S. Design
Patent No. D812,791 owned by Coplus Inc. Moreover, pursuant to 35 U.S.C. §271(a), the sale of
an infringing product constitutes infringement even if the seller is not the manufacturer of the
infringing product.
Accordingly, we again demand that you:
1. Discontinue the importation, use, offer for sale, and/or sale of the infringing Burnz
Subaru Design headlights in any medium in the United States, including online
(e.g., e-commerce sites, social media sites, Burnz’s official website, etc.) and at
physical stores;
2. Destroy all remaining inventory of the infringing Burnz Subaru Design headlights
in the United States; and
transfers to date of the infringing Burnz Subaru Design headlights in the United
States.
If you do not comply with these demands, we will be forced to consider other options for
protecting our intellectual property rights, including filing a district court complaint for patent
infringement.
Sincerely,
Dustin R. Szakalski
112079111.1 Exhibit O
Page 73
EXHIBIT P
Kim, Grace H.

Sent: Friday, August 21, 2020 8:09 AM
To: Kim, Grace H.
[EXTERNAL]
Hi Grace, I’m not sure what you guys are not understand here. We don’t make headlights or taillights. The are not made
by us or for us. This is something that you guys need to take up with Vland and not us.
This has nothing to do with us again. We don’t have any inventory or stock the items. Please contact Vland and night
us.
If your team would like to speak with me in the phone I would me more then happy to do so.
Thank you
Bernie
On Fri, Aug 21, 2020 at 12:04 PM Kim, Grace H. <GKim@lrrc.com> wrote:
LRRC Ref. 402120-00160
Dear Mr. Szmidt:
1
Exhibit P
Page 74
Sincerely,
2
Exhibit P
Page 75
Grace H Kim
IP Legal Secretary
626.683.5970 office
626.577.8800 fax
GKim@lrrc.com
COVID-19 questions?
Connect to our
3
Exhibit P
Page 76
Rapid Response Team
_____________________________
lrrc.com
4
Exhibit P
Page 77
Read
5
Exhibit P
Page 78

Coplus Inc. v. Zhejiang Yuazheng Auto &amp; Motorcycle Accessories - Complaint

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Case 2:20-cv-07754 Document 1 Filed 08/25/20 Page 1 of 17 Page ID #:1

1 DUSTIN R. SZAKALSKI, CA Bar No. 280726

1 17. The ‘298 Patent is legally presumed to be valid under 35 U.S.C.

1 28. Coplus practices the ‘791 Patent in connection with the

1 and elsewhere in the United States, without the consent or authorization of

1 55. On information and belief, Defendant (utilizing its VLAND brand)

1 61. Defendant has had actual or constructive notice of the existence of

1 a) Adjudging and decreeing that Defendant has infringed and is

1 DEMAND FOR JURY TRIAL

Trademark FIRST USE 7-29-2016; IN COMMERCE 7-29-2016

SER. NO. 86-834,961, FILED 12-01-2015

REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE

Requirements in the First Ten Years*

Requirements in Successive Ten-Year Periods*

Grace Period Filings*

*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an

July 22, 2020

Via Email Only

Re: Infringement of Coplus’s Design Patent No. D869,022

Dear Mr. Wang:

We represent Coplus, Inc. ("Coplus") in connection with the enforcement of Coplus’s

In view of the foregoing, we demand that Kaiso immediately:

Email or Phone Password

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August 17, 2020

Via Email with Confirmation by Mail to Registered Agent

Re: Infringement of Coplus’s U.S. Design Patent No. D812,791

Dear Mr. Szmidt:

We represent Coplus, Inc. ("Coplus") in connection with the enforcement of Coplus’s

In view of the foregoing, we demand that Burnz immediately:

COPLUS BURNZ AUTO

From: Sales Burnz Auto <sales@burnzauto.com>

What headlights or taillights are you talking about?

On Mon, Aug 17, 2020 at 7:31 PM Kim, Grace H. <GKim@lrrc.com> wrote:

Re: Infringement of Coplus’s U.S. Design Patent No. D812,791

LRRC Ref. 402120-00001

Dear Mr. Szmidt:

Rapid Response Team

for answers and resources.

Lewis Roca Rothgerber Christie LLP

655 North Central Avenue, Suite 2300

Because what matters

to you, matters to us.

our client service principles

From: Sales Burnz Auto <sales@burnzauto.com>

Also again if you look at the website you will

What headlights or taillights are you talking about?

On Mon, Aug 17, 2020 at 7:31 PM Kim, Grace H. <GKim@lrrc.com> wrote:

Re: Infringement of Coplus’s U.S. Design Patent No. D812,791

LRRC Ref. 402120-00001

Dear Mr. Szmidt:

If you have any questions, please do not hesitate to contact us.

Rapid Response Team

for answers and resources.

Lewis Roca Rothgerber Christie LLP

655 North Central Avenue, Suite 2300

to you, matters to us.

Coplus Inc. v. Zhejiang Yuazheng Auto & Motorcycle Accessories - Complaint

Coplus Inc. v. Zhejiang Yuazheng Auto & Motorcycle Accessories - Complaint