Let's Go Aero v. U-Haul - Complaint

Case 1:16-cv-00410 Document 1 Filed 02/19/16 USDC Colorado Page 1 of 20
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO
Civil Action No.
LETS GO AERO, INC., a Colorado corporation
Plaintiff
v.
U-HAUL INTERNATIONAL, INC., a Nevada
corporation,
and
WYERS PRODUCTS GROUP, INC., a Colorado corporation
d/b/a TRIMAX
Defendants
COMPLAINT AND JURY DEMAND
Plaintiff Lets Go Aero, Inc., a Colorado corporation (LGA), as and for its Complaint
against U-Haul International, Inc., a Nevada corporation (U-Haul) and Wyers Products Group,
Inc., d/b/a Trimax, a Colorado corporation (Wyers), alleges and states as follows:
SUMMARY OF CASE
1.
This is an action for damages and injunctive relief to remedy the intellectual
property infringements of LGAs patents, copyrighted materials, and trademarks and unfair trade
practices by the Defendants as described below through: (a) the unauthorized manufacture, use,
sale, and/or offer to sell products by Defendants U-Haul and Wyers which infringe on one or
more claims of U.S. Patents held by LGA which relate to its Silent Hitch Pin or SHP, the
LGA GearCage and the LGA Bike Rack; and (b) Defendant U-Hauls unlawful use and
infringements of LGAs rights under its trademarks and copyrighted materials and U-Hauls
unfair trade practices.
2.
The patent infringements by Defendant Wyers involve its manufacture, use, sale
and/or offer for sale of infringing products which include towing products marketed and sold
under the names of TAR 300 and Anti-Rattle Pin Receiver Pin (Wyers Accused Products).
The Wyers Accused Products were sold to and by U-Haul.
3.
Non-Party Cequent Performance Products, Inc. is a manufacturer, importer and
supplier of products including Highland Gear Cage, Transporter Cargo Carrier, PN 5800300,
Pro Series Gear Cage, PN 5800300, Sportwing Bike Rack, and upon information and belief
Silent Hitch Pin or Anti Rattle Hitch Pin, all of which infringed on Plaintiffs United States
Patents after the termination of Cequents license to manufacture and sell such products in
January of 2012 and the selloff of approved remaining inventory, (Cequent Infringing
Products) that were then sold through U-Haul.
PARTIES AND RELEVANT NON-PARTIES
4.
Plaintiff LGA is a Colorado corporation with its principal place of business in
Colorado Springs, Colorado.

5.
Defendant U-Haul is a Nevada corporation with its principal place of business at
2727 N. Central Ave., Phoenix, Arizona 85004.

6.
Defendant Wyers Products (Wyers) is a Colorado corporation with its principal
place of business at 6770 S. Dawson Circle, Suite 200, Centennial, Colorado 80112.
7.
Non-party Cequent Performance Products, Inc. (Cequent) is a Delaware
corporation with its principal place of business in Plymouth, Michigan.
JURISDICTION AND VENUE

8.
This Court has jurisdiction to render declaratory and injunctive relief pursuant to
28 U.S.C. 2201 and 2202 as well as jurisdiction over the claims contained herein for patent
infringement, copyright infringement, and trademark infringement pursuant to the laws of the
United States, including but not limited to 35 U.S.C. 101, et seq., (specifically 35 U.S.C.
271, 281 to 287, 292), 17 U.S.C. 101, et seq., and 15 U.S.C. 1125(a) and (c). This Court
also has jurisdiction pursuant to 28 U.S.C. 1331 and 1338. Supplemental jurisdiction over
LGAs state law claims exists pursuant to 28 U.S.C. 1367 because they are so related to the
other claims that together all of the claims form the same case or controversy.
9.
This Court has personal jurisdiction over each of the Defendants because each
regularly has and continues to transact business in this judicial district by, among other things,
selling or offering to sell its infringing products and utilizing the LGA Trademark and
Copyrighted Materials to enable such sales or offers to sell to customers located in this judicial
district pursuant to C.R.S. 13-1-124.
10.
Venue is proper in this Court pursuant to 28 U.S.C. 1391(b), (c) and 1400(b).
FACTUAL BACKGROUND
LGA Inventions and Patents, Trademarks and Copyrighted Works
11.
LGA is the sole assignee and beneficial owner of various patents for inventions
created by its founder and president, Marty L. Williams.

12.
LGA is a manufacturer and distributor of a variety of towing products for use
within the camping/recreational cargo transport industry. Its product line can be viewed at
www.letsgoaero.com.
13.
LGA sells its products through national retail and specialty stores throughout the
United States and elsewhere, under its registered and un-registered trademarks and has
achieved a world-wide reputation based upon the quality, design and innovation of LGAs
products.
LGAs Silent Hitch Pin Patents
14.
The applicable Utility Patents that relate to the Silent Hitch Pin (also listed as
SHP) were assigned to LGA and include Nos. 6,609,725 (725 Patent) (Exhibit A), and
6,945,550 (550 Patent) (Exhibit B).
15.
The 725 Patent and 550 Patent are collectively referred to hereinafter as the
SHP Patents and are in full force and effect.

LGAs GearCage Patent
16.
LGA was assigned a Utility Patent for its vehicle mounted cargo carrier,
GearCage product, No. 8,858,141 (141 Patent) (Exhibit C).

17.
The 141 Patent is referred to herein as the GearCage Patent and is in full
force and effect.

LGAs Bike Rack Patent
18.
LGA was assigned Design and Utility Patents for its VME Bike Rack product,
Utility Patent No. 8,889,456 and Design Patent Nos. D684,917, D717,716, D717,717 and
D722,289 (456 Patent [Exhibit D] Design Patents D684,917 [Exhibit E], D717,716 [Exhibit
F], D717,717 [Exhibit G] and D722,289 [Exhibit H].)
19.
The 456 and Design Patents D684,917, D717,716, D717,717 and D722,289 are
referred to herein as the Bike Rack Patents.
LGAs Trademarks
20.
LGA has common law and registered trademarks on the Silent Hitch Pin
(SHP), first used in 1999, via U.S. Trademark Registration No. 4,296,604 (Exhibit I) and on the
GearCage, first used in 2004, via U.S. Trademark Registration No. 4,296,605 (Exhibit J) and
for Moover, first used in 2006, all of which have become distinctive by the acquisition of
secondary meaning pursuant to 15 U.S.C. 1052 (f). Defendant U-Haul was authorized to use
these marks on its sale of Cequents properly licensed LGA products and certain products
manufactured by LGA under a short term agreement, until Cequents license was terminated and
the private label agreement with LGA ceased, after which U-Haul would have no authority to use
the trademarks. Other trademarks owned by LGA may be relevant to LGAs claims.
LGA Copyrights
21.
LGA owns the copyright for LGA Cargo Rack Operating Manuals, GearCage
Ramp Accessory, Moover Transporter System, GearCage SP Cargo Rack, GearCage TT

Cargo Rack, TwinTube U-Build-IT registered with the U.S. Copyright Office, (No. TXu 1-847969) (LGA Copyrights) (shown in Exhibit K) as well as other copyrights on works of text, line
art and photos which upon discovery may have been infringed by one or both Defendants.
Defendants Misconduct
22.
In April of 2012, U-Haul signed a non-disclosure agreement with LGA related to
U-Hauls potential licensing or sale of certain LGA inventions and intellectual property,
including the SHP and the GearCage. After the termination of Cequents license in January of
2012, and any approved sell-off of Cequents inventory, U-Haul was never again licensed by
LGA to sell the Silent Hitch Pin, the VME Bike Rack,or the GearCage, to copy any of LGA
manuals and sales materials, or to use LGAs trademarks.
23.
Through direct and email communications with LGA beginning in the year 2001,
Wyers gained knowledge of LGAs SHP, and received actual product samples in 2001, to review
for licensing the technology from LGA or using LGA as a private label source for the SHP
product.
24.
Nevertheless, on information and belief, from and after January 29, 2012, and the
sell-off of any remaining inventory, Defendant U-Haul has purchased, imported, distributed,
sold, offered to sell, licensed and/or obtained financial benefit from marketing and sale of the
infringing copies of LGAs patented designs for Silent Hitch Pin, the GearCage and the Bike
Rack without the agreement or consent of LGA.
25.
Defendant Wyers manufactures and sells the Wyers Accused Products which
unlawfully copy and infringe on LGAs Silent Hitch Pin patents, and which are inferior to and
knock-off the SHP products.
26.
On information and belief, U-Haul has acquired from Cequent, after the
termination of Cequents license and after the sell-off of licensed inventory, the Accused
Products and falsely sold and promoted the Cequent Accused Products to be LGAs Silent Hitch
Pin using the Silent Hitch Pin, Gear Cage and Moover trademarks.
27.
These sales by Wyers and U-Haul occurred without attribution of true ownership
including by mislabeling or misrepresentation as to the nature of the product, and without

consent or authority from LGA to do so.
28.
Wyers has made, used, sold and/or offered for sale within the United States,
towing products, including the Wyers Accused Products that infringe at least claims 1, 2, 3 and 4
of the 725 Patent.
29.
Wyers has made, used, sold and/or offered for sale within the United States,
towing products, including the Wyers Accused Products, that infringe at least claims 1, 2, 3 and
6 of the 550 Patent.
30.
U-Haul has used, sold and/or offered for sale within the United States, towing
products, including the Cequent infringing SHP product that infringes at least claims 1, 2, 3 and
4 of the 725 Patent.
31.
U-Haul has used, sold and/or offered for sale within the United States towing
products, including Cequent Accused Products. Cequent infringing SHP products infringe at
least claims 1, 2, 3 and 6 of the 550 Patent.
32.
U-Haul has used, sold and/or offered for sale within the United States,
GearCage towing products, including the Cequent infringing GearCage product, that
infringes at least claims 1-8 of the 141 Patent.
33.
U-Haul has used, sold and/or offered for sale within the United States, towing
products, including Cequents infringing Bike Rack products, that infringe at least claims 1-6 of
the 456 Patent and Design Patents D684,917, D717,716, D717,717 and D722,289.
34.
All Cequent infringing products are designated as Cequent Infringing Products.
35.
U-Haul has also infringed the SHP Patents by reselling the Wyers Accused
Products knowing that Wyers is thereby infringing the SHP Patents.
36.
U-Haul marketed and sold the Cequent Infringing Products to the public,
representing them to be LGAs SHPs, LGAs GearCage and LGAs Bike Racks, including
using LGAs trademarks, Silent Hitch Pin, GearCage and Moover.
37.
In or about September of 2014, U-Haul discontinued selling the infringing
Cequent Product SHPs and started selling the infringing Wyers Accused Products to the public
instead.
38.
The marketing and product materials U-Haul provides to customers (shown in
Exhibit M), copies, distributes, displays, and makes derivative works of photos, line art, text and
content created and owned by LGA and subject to registered copyright (Exhibit K) and thereby
infringes LGAs copyrighted works.
39.
On information and belief, U-Haul has been and is now selling the infringing
Wyers and Cequent Infringing Products, and distributing copies of LGAs copyrighted works
through various wholesale and retail outlets, including but not limited to U-Haul Moving and
Storage of Highlands Ranch, 1750 E. County Line Rd., Highlands Ranch, CO 80126. The
wholesale and retail outlets where the Wyers and Cequent Products are sold are located in
Colorado and elsewhere.
40.
Upon information and belief, LGAs copyright management information
contained on LGAs copyrighted works was removed in order to further conceal the infringing
action. U-Haul knew or should have known of LGAs rights and the fact that the copyright
management information had been altered. U-Hauls sale and distribution of the infringing
products and copyright was in violation of 17 U.S.C. 1202.
41.
U-Haul sells Cequent Infringing Products with Plaintiff LGAs patent numbers
(See Exhibit N) and patent markings and otherwise represented that the Cequent Infringing
Products were genuine LGA SHP, GearCage and Bike Rack products when U-Haul had no
such authority and acted with knowledge that U-Haul was marketing and selling infringing
products and counterfeit goods.
The mis-marking and misrepresentation of the Cequent
Infringing Products without LGAs authority or permission was an essential material element in
U-Hauls marketing of these infringing products.
42.
By mis-marking and improperly marketing the Cequent Infringing Products, and
by misrepresenting that it had LGAs authority to sell them and use LGAs designs, trademarks
and patent numbers, U-Haul has unfairly competed with LGA, resulting in lost sales and sales
opportunities, and impaired LGAs ability to gain market share and customers.
43.
With knowledge of LGAs intellectual property rights, Wyers has encouraged and
instructed purchasers of the Wyers Accused Products to sell, market and use them as
replacement Silent Hitch Pins, such that purchasers and users of the Wyers Accused Products
inevitably infringe the SHP Patents.
Wyers has actively induced and contributed to the
infringement of the SHP Patents by the end users of the Wyers Accused Products by a history of
sales to U-Haul and Curt Manufacturing and others, for whom Wyers produced private label
knock-offs of the SHP.
44.
U-Haul has, or in conjunction with others, taken these actions while mismarking
and falsely misrepresenting their products as LGAs SHP, GearCage and Bike Racks, and have
misrepresented the facts of invention and ownership of the licensing patents to the SHP, Bike
Rack and/or GearCage products sold to the public, knowing those facts were false.
45.
U-Haul and Wyers each acted with the intent to injure LGA and to unlawfully
profit from LGAs innovations of the SHP, Bike Rack and/or GearCage.
46.
LGA has been harmed by Defendants trademark infringement and mislabeling
of the SHP, Bike Rack and GearCage products that Defendants sold to the public, including
damage to LGAs goodwill.
47.
U-Haul and Wyers have, separately or together violated, and conspired with
others to violate, LGAs intellectual property rights on more than two occasions.
48.
U-Haul and Wyers knew, should have known, or acted in reckless disregard of
LGAs ownership to and rights in the patents for the SHP, Bike Rack and GearCage products,
the trademarks and the copyrights of the works of authorship.
49.
LGA has suffered damage flowing from the false representations, mismarking of
products, and infringements by Defendants conduct.

CAUSES OF ACTION AND CLAIMS FOR RELIEF
FIRST CLAIM FOR RELIEF
(Declaratory Judgment Against All Defendants)
50.
LGA incorporates fully by reference all of the allegations contained in paragraphs
1 through 49, as set forth above.

51.
Pursuant to F.R.C.P. 57 this Court has the power to declare the rights, status, and
legal relations of LGA and the Defendants with respect to the infringing and falsely labeled
SHPs and the wrongful sales thereof.
52.
An actual existing and bona fide antagonistic assertion and denial of right and
actual justiciable controversy exists between LGA and the Defendants and each of them as to
10
their legal relations with respect to the Accused Products and SHPs which can only be
determined by declaratory judgment.
53.
By reason of the Defendants conduct as set forth in this Complaint, LGA seeks,
among other relief, the following declarations (Declarations):

a.
Neither of the Defendants have the lawful right to distribute, re-label

and/or sell the SHPs or products identical or substantially similar thereto,
such as the Wyers Accused Products and/or the Cequent Products without
the express consent of LGA;
b.
LGA has not consented to the sale, re-labeling or distribution of the

Wyers Accused Products or Cequent Products by either of the Defendants;
c.
Defendants should each be enjoined and restrained from manufacturing,

advertising, re-labeling, distributing or selling the Wyers Accused
Products and/or the Cequent Infringing Products and from holding out in
any way a claim of ownership, right, or authority to manufacture or sell
the Wyers Accused Products and/or Cequent Infringing Products, without
the express prior consent of LGA;
d.
The acts and omissions of Defendants or either of them with respect to the
Wyers Accused Products and/or Cequent Infringing Products were
conducted knowingly, willfully, and in bad faith;
e.
LGA has been damaged and Defendants have each been unjustly enriched
by their misconduct.
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SECOND CLAIM FOR RELIEF

(Direct Infringement of Patents Against All Defendants)
54.

55.
Since at least January 29, 2012 and to the present, U-Haul has and continues to
willfully and knowingly purchase, use, distribute, license, sell and/or offer for sale products
which infringe LGAs patents in SHP, GearCage and the Bike Rack without right and in
violation of LGAs rights therein.
56.
Wyers, by its manufacture, sale, and offer for sale of its Anti-Rattle Receiver Pin
(ARRP), is willfully infringing LGAs SHP Patents.

57.
U-Haul is a reseller of the infringing Wyers Accused Products (ARRP) and knows
those products infringe LGAs SHP Patents.

58.
By way of U-Hauls trademark infringement and use of SHPs patent marking,
consumers have been confused by U-Hauls sale of products and have called on LGA to provide
customer service or warranty work on those products. To protect its reputation, LGA has
provided these consumers with customer service and warranty work.
59.
Defendants infringements are and at all times have been willful, deliberate, and
intentional and with full knowledge of LGAs rights in the SHP Patents, the Bike Rack Patent
and/or the GearCage Patent.
60.
The acts alleged above will continue unless enjoined by this Court, and
Defendants have damaged LGA by reducing LGAs sales, injuring LGAs reputation and
deceiving the public, thus causing Plaintiff LGA irreparable harm, the extent of which is
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presently unknown. LGA has no adequate remedy at law and injunctive relief, both preliminary
and permanent, should be granted.
61.
U-Haul for its infringement of the Bike Rack design patents should be required to
account to LGA for its profits from such infringements from and after January 29, 2012, or as the
date of issue of each design patent. LGA should also be awarded its damages for the utility
patent infringement as against each Defendant in an amount adequate to compensate for such
infringements, but in no event less than a reasonable royalty for the use made by Defendants as
provided by 35 U.S.C. 284, together with reasonable attorneys fees pursuant to 35 U.S.C.
285 and such other damages as may be allowable by law due to the exceptional nature of the
infringement.
THIRD CLAIM FOR RELIEF
(Inducement to Infringe the SHP Patents Against Defendant Wyers)
62.

63.
Defendant Wyers had actual knowledge of the SHP Patents.
64.
Defendant Wyers sold Defendant U-Haul the infringing Wyers Accused Products
by producing private label knock-off supplies of the SHP product for U-Haul with actual
knowledge that the products infringed LGA SHP patents.
65.
Defendant Wyers knew that Defendant U-Haul and other users, as the purchaser
and user of the Wyers Accused Products, would by that use infringe the SHP Patents.
66.
Defendant Wyers is liable to Plaintiff LGA for inducing the infringement of the
SHP Patents as provided by 35 U.S.C. 271(b).
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FOURTH CLAIM FOR RELIEF

(Trademark Infringement and Unfair Competition Against Defendant U-Haul)
67.

68.
LGA is owner of the LGA Trademarks identified as GearCage,
GearSpace, GearDeck, TwinTube and Silent Hitch Pin both by way of common
law rights through direct use and licensed use, and by way of registration at the USPTO. LGA
also owns the common law trademark rights in Moover.
69.
The LGAs rights in the Trademarks are valid and by way of secondary meaning
protectable.
70.
On information and belief, U-Haul has, since January 29, 2012 or after the
authorized sell-off of licensed Cequent Products, infringed on LGAs Trademarks and competed
unfairly in violation of the Colorado Consumer Protection Act 6-1-101 et seq. and Federal
Lanham Act 15 U.S.C. 1125(a) by using and displaying them in commerce in multiple retail
outlets and on the internet, without the permission of LGA, in advertising and packaging for
products sold or supplied to others in violation of LGAs rights in the LGA Trademarks, all to
the detriment and damage of LGA. Such representations by U-Haul are either false, misleading
or have a tendency to deceive consumers purchasing either product.
71.
U-Hauls affirmative and material misrepresentations in commercial advertising
and promotion have been disseminated to its customers and potential customers, many, if not all,
of whom are also customers or potential customers of LGA, which is likely to cause confusion.
The marks are similar, if not identical.
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72.
Customers have been actually confused and/or deceived by the false claims
published by U-Haul. LGA and U-Haul market the same products and use the same marketing
channels in Colorado. U-Hauls advertising and promotion are likely to further deceive existing
and potential customers of the parties by implying a licensing relationship between the parties
and/or by implying deficiencies in LGAs products that do not exist.
73.
The actions of U-Haul have and are likely to continue to injure LGA by confusing
the public and by causing LGA to lose customers and sales, resulting in business losses in an
amount to be determined at trial and that are presently unknown to LGA, but that are believed to
be substantial and are accumulating on an ongoing basis. Because of U-Hauls intentional and
willful infringement, LGA is entitled to recover U-Hauls profits, LGAs damages, including
trebled amount, prejudgment interest, and costs as provided by C.R.S. 6-1-113 and 15 U.S.C.
1117 (a), (b) and (c). Further the facts support recovery of LGAs attorneys fees as the
infringement is exceptional.
74.
The actions of U-Haul have and will continue to cause LGA substantial harm.
LGA has a reasonable interest in its products, including GearCage and Silent Hitch Pin and
which interest has been harmed or is subject to harm from the affirmative misrepresentations of
U-Haul.
75.
The damage to LGAs reputation and goodwill is continuing. U-Haul has caused
and continues to cause irreparable harm to LGA for which LGA is entitled to preliminary and
permanent injunctive relief.
15
FIFTH CLAIM FOR RELIEF

(Copyright Infringement Against Defendant U-Haul)
76.

77.
LGA possesses valid copyrights as evidenced by the registration. (Exhibit K)
78.
On information and belief, U-Haul has willfully infringed on, misappropriated,
copied and distributed protectable elements of LGAs copyrights, images and written manuals
developed by LGA for its GearCage invention, with the intent to commercially exploit these
works to which U-Haul has no proprietary rights. U-Haul has published, distributed and used
LGAs copyrighted materials, without the permission of LGA, in advertising and packaging for
U-Hauls products sold or supplied to others in violation of LGAs rights, all to the detriment
and damage of LGA.
79.
As an example of the use of Plaintiffs copyrighted material we include Exhibit N
with a comparison of materials from Plaintiff and U-Hauls sales and manual material.
80.
By reason of these willful infringements of copyrights, LGA has sustained injury,
loss and damage to its ownership rights and Defendant U-Haul has unlawfully, unfairly and
wrongfully derived and will continue to derive income from these infringing acts.
81.
For the infringements, LGA seeks its damages and U-Hauls profits, or applicable
statutory damages as provided by 17 U.S.C. 504 and cost and attorneys fees under 17 U.S.C.
505.
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SIXTH CLAIM FOR RELIEF

(Copyright Infringement Against Defendant U-Haul)
82.

83.
By removing LGAs copyright management information from the LGA sales
materials and owners manuals and replacing it with U-Hauls, U-Haul infringed LGAs
copyright under the Digital Millennium Copyright Act, 17 U.S.C. 1202(a) and (b).
84.
LGA is entitled to damages or statutory damages pursuant to 17 U.S.C. 1203
and attorneys fees.

SEVENTH CLAIM FOR RELIEF
(Passing Off Against Defendant U-Haul)
85.

86.
The Cequent Products (knock-offs of the Silent Hitch Pin and GearCage) that
have been marketed, licensed and sold by U-Haul, were obtained by U-Haul from Cequent.
87.
U-Haul falsely designated and misrepresented the origin of the Accused Products
it sold to the public and represented them to the public as LGA being the origin of those products
by the use of LGAs trademarks.
88.
U-Hauls false designation of the origin of its products was likely to cause and has
caused customer confusion.

89.
LGA has been harmed by U-Hauls false designation of the origin of the Accused
Products sold to the public, including but not limited to damage to LGAs goodwill from U-
17
Hauls sale of defective or inferior products identical to or intended to resemble LGAs SHP and
GearCage products.
EIGHTH CLAIM FOR RELIEF
(Patent Mismarking)
90.

91.
U-Haul has distributed and published information with their infringing products
that falsely claims that their infringing products are sold and offered for sale with the
authorization of LGA by the inclusion of LGAs patent numbers.
92.
U-Haul knew that as of the termination of Cequents licensing with LGA,
Cequent was no longer licensed to manufacture, sell or offer for sale the SHP or any other LGA
product.
93.
U-Haul by continuing to sell and offer for sale the SHP product, with LGAs
patent numbers listed, was misleading consumers.

94.
U-Hauls actions have caused LGA damage and lost sales due to said
misrepresentation.
95.
As provided by 35 U.S.C. 292, U-Haul is liable for said mismarking for each
product sold with the false patent numbers.
PRAYER FOR RELIEF

WHEREFORE, Plaintiff Lets Go Aero, Inc. requests that the Court:
a.
issue an Order containing the Declarations set forth above;
18
b.
award LGA compensatory and multiplied damages against Defendants

jointly and severally, for amounts to be proven at trial, to the fullest extent
provided by law;
c.
statutory damages where permitted for copyright infringement;
d.
order Defendants to account for all sales, purchases, revenues and profits
derived from its or their improper use and sale of LGAs SHPs,
GearCage and Bike Rack and to disgorge the profits forthwith or,
alternatively, for judgment in the amount of at least a reasonable royalty;
e.
award LGA its reasonable attorneys fees and costs to the fullest extent
provided by law and equity and for such other and further relief as the
nature of the case may require;
f.
issue preliminary and permanent injunctions enjoining each of the

Defendants and their affiliated officers, directors, representatives,
successors and assigns and all those in active concert or active
participation with either of them:
i.
from advertising or selling the SHPs; and,
ii.
from aiding, abetting or inducing in any way the sale thereof by

others without LGAs consent;
f.
order each of the Defendants to undertake a corrective advertising

campaign to rectify the confusion, deception, or misrepresentations caused
by their illegal actions; and,
g.
grant such other and further relief as the nature of the case may require.
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PLAINTIFF REQUESTS TRIAL BY JURY ON ALL CLAIMS SO TRIABLE

Dated: February 19, 2016.
Respectfully submitted,
SILVER & DeBOSKEY,
A Professional Corporation
By:
/s/Martin D. Beier
Thomas M. Haskins III (#17651)
Martin D. Beier (#20188)
Silver & DeBoskey P.C.
1801 York Street
Denver, CO 80206
(303) 399-3000
haskinst@s-d.com
beierm@s-d.com
J. Mark Smith (#973)
BERG HILL GREENLEAF RUSCITTI LLP
1525 17th Street
Denver, CO 80202
(303) 402-1600
JMS@bhgrlaw.com
ATTORNEYS FOR PLAINTIFF

FK0861
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Case 1:16-cv-00410 Document 1-1 Filed 02/19/16 USDC Colorado Page 1 of 6
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
GearCage Ramp Accessory
ACC 3050, Accessory Ramp for GearCage Cargo Rack
User Assembly and Operation Manual
Part One
Safe Use and Operation Page 2
Part Two
Parts Identification Page 3
Part Three
Assembly and Installation Page 4
Operation Tips:
Keep this manual for future reference.

Recommended for use with the GearCage SP Cargo Rack.
If this product was purchased from a dealer, all documentation MUST be furnished to the customer.
Exhibit L
Copyright 2006 Lets Go Aero, Inc.
Safe Use & Operation

Be sure to follow these guidelines to prevent possible hazards from misuse.
When operating the vehicle, the ramp must be either removed, secured in the upright position, or positioned to
lay flat on the GearCage SP Cargo Rack.
Always secure the hinge bolts with locking nuts that are furnished with the Ramp Accessory so that at least two
(2) threads protrude through the nuts nylon insert. Failure to do so may result in loss of ramp from carrier in
transit, property damage and bodily injury.
We warrant this product to the first consumer to be free from defect in material and workmanship for one year (Please retain your sales slip for your records).
Any product or part thereof found to be defective within that period will be replaced without charge provided that: (1) the product was not misused; (2) no
alterations or modifications were made; (3) its failure resulted from a defect in material or workmanship and not from normal wear expected in the use of
the product; (4) the product or part is delivered, freight prepaid, to Lets Go Aero. Please contact Lets Go Aero, toll free, at 877-464-2376 to get a return
authorization number prior to return. Manufacturers only obligation shall be to replace such products or parts proved to be defective.
U.S. And International Patent Numbers: 6,409,203; 6,609,725; 6,945,550;6,910,609; Patents Pending
GCRamp vC

Parts Identification
Parts List
Item Description
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
Quantity
Base Panels
Side Tubes
Cross Tubes
3/4" x 1/4" Bolts
1-3/4" x 1/4" Bolts
1-1/4" x 1/4" Bolts
3/4" x 1/4" Washers
1/4" Nyloc Nuts
Ramp Stop Bracket Assembly
Ramp Stop Lever
Hinges
3" x 1/4" Bolts
Lynch Pin
Pin Clip
End Caps
1/4" x 20 Split Ring Lock Washers
Seal Gaskets
Tools Needed
3
2
4
4
8
8
32
13
1
1
2
2
1
1
6
8
8
7/16" Wrench
7/16" Socket
If you are missing any items, contact your sales agent if the
product was assembled by them.
If not, or if purchased from Lets Go Aero, please contact us
at 1-877-GO-4-AERO (464-2376).
L
A
H
A
F
C
O
Q
G
G
H
M
N
J
I
G
H
GCRamp vC

GearCage Ramp Assembly
1. Place the Cross Tubes (C) between the Side Tubes

(B) so that the ends of the Cross Tubes (C) line up
with the holes in the Side Tubes (B). Insert a Seal
Gasket (Q) into each end of each Cross Tube (C).
Install a 1-3/4" x 1/4" Bolt (E) with a 3/4" x 1/4" Washer
(G) and 1/4" x 20 Split Ring Lock Washers (P) through
the Side Tube (B) and into the pin nuts in the end of
each Cross Tube (C).

Securely tighten all hardware.
1
2
Cross Tube (C)
Side Tube (B)
4. Place the center Base Panel (A) between the two (2)
outside panels. Use a 3/4" x 1/4" Bolt (D), two (2) 3/4"
x 1/4" Washers (G) and a 1/4" Nyloc Nut (H) at each of
the four (4) locations to secure this panel to the outside
panels.
Seal
Gaskets (Q)

3/4" x 1/4"
Washer (G)
Firmly tighten all hardware.
1-3/4" x 1/4"
Bolt (E)
Center Panel (A)
1/4" x 20 Split Ring

Lock Washer (P)
3/4" x 1/4" Washers (G)
with 1/4" Nyloc Nuts (H)
2.
Use a 1/4" Nyloc Nut (H) and a 3/4" x 1/4" Washer (G)
to install the Lynch Pin (M) in the 3/8" hole in the Side
Tube (B). Secure the pin with the Pin Clip (N).
1/4" Nyloc Nut
(H) and 3/4" x
1/4" Washer (G)
3/4" x 1/4" Bolts (D) with

3/4" x 1/4" Washers (G)
Lynch Pin (M)
Pin Clip (N)
5. Insert the Plastic End Caps (O) in the ends of the Side
Tubes (B).
Plastic End Caps (O)
3. Orient the outside Base Panels (A) to the Ramp Tube

Assembly. Place the Hinges (K) over the end holes
in the outside Base Panels (A) nearest the Lynch Pin
hole. Install eight (8) 1-1/4" x 1/4" Bolts (F) with 3/4" x
1/4" Washers (G) to secure the outside Base Panels
(A) and Hinges (K) to the Ramp Tube Assembly. Do
not tighten these bolts completely at this time.
Outside Base
Panels (A)
1-1/4" x 1/4"
Bolt (F)
3/4" x 1/4"
Washer (G)
Hinges (K)
Lynch Pin
Hole
GCRamp vC

Install Ramp
Cargo Rack
on
GearCage
6. Remove the tube on the passenger side of the

GearCage. Remove the bolts that mount the
outside panels on the GearCage to the U-Tube. Install
a 3" x 1/4" Bolt (L), two (2) 3/4" x 1/4" Washers (G)
and a 1/4" Nyloc Nut (H) through each Ramp Hinge to
secure the Ramp to the GearCage.
WARNING
When installing the 3" x 1/4" Bolts (L) with 1/4" Nyloc
Nuts (H), always make sure that at least two (2) threads
protrude through the nut. Failure to do so may cause the
Ramp to separate from the carrier in transit, resulting in
property damage, and bodily injury.
3/4" x 1/4"
Washers (G)
8. Place the hole in the rounded end of the Ramp Stop

Lever (J) over the hole in the vertical side of the
bracket and secure it in place with the hardware from
the Ramp Stop Bracket Assembly (I).

3" x 1/4" Bolts

(L)
Use the Pin Clip (N) to secure the other end of the
Ramp Stop Lever to the Lynch Pin (M) installed in
Step 2.
Pin Clip
Ramp
Assembly
3/4" x 1/4"
Washer (G)
GearCage
Cargo Rack
Ramp Stop
Lever
1/4" Nyloc
Nut (H)
7. Remove the bolt that secures the second Side Rail

from the end of the GearCage. Place the bracket
from the Ramp Stop Bracket Assembly (I) over the
hole and reinstall the bolt.
Ramp Stop Bracket
Assembly Hardware
WARNING
When operating the vehicle, the ramp must be either
removed, secured in the upright position as shown, or
positioned to lay flat on the GearCage Cargo Rack.
Ramp Stop
Bracket
GCRamp vC
ITEM:
DESCRIPTION:
5800300
GearCage Ramp
User Assembly and Operation Manual
Part One
Safe Use and Operation Page 1
Part Two
Parts Identification Page 2
Part Three
Assembly and Installation Page 3
Operation Tips:
Keep this manual for future reference.
Recommended for use with the GearCage SP Cargo Rack.
Safe Use & Operation

Be sure to follow these guidelines to prevent possible hazards from misuse.
When operating the vehicle, the ramp must be either removed, secured in the upright position, or
positioned to lay flat on the GearCage SP Cargo Rack.
Always secure the hinge bolts with locking nuts that are furnished with the Ramp Accessory so that at
least two (2) threads protrude through the nuts nylon insert. Failure to do so may result in loss of ramp
from carrier in transit, property damage and bodily injury.
We warrant this product to the first consumer to be free from defect in material and workmanship for one year (Please retain your sales
slip for your records). Any product or part thereof found to be defective within that period will be replaced without charge provided that:
(1) the product was not misused; (2) no alterations or modifications were made; (3) its failure resulted from a defect in material or
workmanship and not from normal wear expected in the use of the product; (4) the product or part is delivered, freight prepaid, to
Cequent Performance Products Inc. Please contact Cequent Performance Products Inc., toll free, at 888-521-0510 to get a return
authorization number prior to return. Manufacturers only obligation shall be to replace such products or parts proved to be defective.
U.S. And International Patent Numbers: 6,409,203; 6,609,725; 6,945,550;6,910,609; Patents Pending
If this product was purchased from a dealer, all documentation MUST be furnished to the customer.
Printed in China
Cequent Performance Products
Exhibit M
47774 Anchor Court West

Plymouth, MI 48170
Technical Service: (888) 521-0510
Page 1 of 4
5800300N 11-5-09
Rev D
5800300
GearCage Ramp
Parts List
Item
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
Description
Base Panels
Side Tubes
Cross Tubes
1/4" x 3/4" Bolts
1/4" x 2" Bolts
1/4" x 1-1/2" Bolts
1/4" Washers
1/4" Nyloc Nuts
Ramp Stop Bracket Assembly
Ramp Stop Lever
Hinges
1/4" x 2-1/2" Bolts
Lynch Pin
Pin Clip
End Caps
1/4" Split Ring Lock Washers
Seal Gaskets
Quantity
3
2
4
5
8
8
31
16
1
1
2
2
1
1
4
8
8
Tools Needed
7/16" Wrench
7/16" Socket
If you are missing any items, contact your

sales agent if the product was assembled by
them. If not, or if purchased from Cequent
Performance Products Inc., please contact us
at 1-888-521-0510 .

Plymouth, MI 48170
Page 2 of 4
5800300N 11-5-09
Rev D
5800300
GearCage Ramp
GearCage Ramp Assembly
1. Place the Cross Tubes (C) between the Side Tubes (B)
so that the ends of the Cross Tubes (C) line up with the
holes in the Side Tubes (B). Insert a Seal Gasket (Q) into
each end of each Cross Tube (C).
Install a 1/4" x 2" Bolt (E) with a 1/4" Washer (G) and 1/4"
Split Ring Lock Washers (P) through the Side Tube (B) and
into the pin nuts in the end of each Cross Tube (C).
Securely tighten all hardware.
Cross Tube (C)
Side Tube (B)
Seal
Gaskets (Q)
x 2 long bolt (E)
Flat washer (G)
Lock washer (P)
4. Place the center Base Panel (A) between the two (2)
outside panels. Use a 1/4" x 3/4" Bolt (D), two (2) 1/4"
Flat Washers (G) and a 1/4" Nyloc Nut (H) at each of the
four (4) locations to secure this panel to the outside
panels.
Firmly tighten all hardware.
Center Panel (A)
2. Use a 1/4" Nyloc Nut (H) and a 1/4" Washer (G) to install
the Lynch Pin (M) in the 3/8" hole in the Side Tube (B).
Secure the pin with the Pin Clip (N).
Flat washers (G)

Nyloc Nuts (H)
Nyloc Nut (H)

Flat washer (G)
Lynch
Pin (M)
x Long Bolts (D)

Flat washers (G)
Pin Clip (N)
3. Orient the outside Base Panels (A) to the Ramp Tube

Assembly. Place the Hinges (K) over the end holes in the
outside Base Panels (A) nearest the Lynch Pin hole. Install
eight (8) 1-1/2" x 1/4" Bolts (F) with 1/4 Washers (G) to
secure the outside Base Panels (A) and Hinges (K) to the
Ramp Tube Assembly. Do not tighten these bolts completely
at this time.
Outside Base
x 1-1/2
Long Bolts (F)
Flat washer (G)
5. Insert the Plastic End Caps (O) in the ends of the Side
Tubes (B).
Panels (A)
Hinges (K)
Lynch Pin
Hole

Plymouth, MI 48170
Page 3 of 4
5800300N 11-5-09
Rev D
5800300
GearCage Ramp
Install Ramp On GearCage Cargo Rack
6. Remove the tube on the passenger side of the
GearCage. Remove the bolts that mount the outside
panels on the GearCage to the U-Tube. Install a 1/4 x 21/2" Bolt (L), two (2) 1/4" Washers (G) and a 1/4" Nyloc Nut
(H) through each Ramp Hinge to secure the Ramp to the
GearCage.
WARNING!
When installing the 1/4 x 2-1/2" Bolts (L) with 1/4"
Nyloc Nuts (H), always make sure that at least two (2)
threads protrude through the nut. Failure to do so may
cause the Ramp to separate from the carrier in transit,
resulting in property damage, and bodily injury.
x 2-1/2 Long Bolts (L)
8. Place the hole in the rounded end of the Ramp Stop

Lever (J) over the hole in the vertical side of the bracket
and secure it in place with the hardware from the Ramp
Stop Bracket Assembly (I).
Use the Pin Clip (N) to secure the other end of the
Ramp Stop Lever to the Lynch Pin (M) installed in
Step 2.
Pin Clip
Flat washers (G)
Ramp
Assembly
Ramp Stop
Lever
Flat washers (G)

Nyloc Nuts (H)
GearCage Cargo Rack
7. Remove the bolt that secures the second Side Rail from
the end of the GearCage. Place the bracket from the
Ramp Stop Bracket Assembly (I) over the hole and reinstall
the bolt.
Ramp Stop Bracket

Assembly Hardware
WARNING!
When operating the vehicle, the ramp must be either
removed, secured in the upright position as shown, or
positioned to lay flat on the GearCage Cargo Rack.

Plymouth, MI 48170
Page 4 of 4
5800300N 11-5-09
Rev D
Exhibit N
AO 440 (Rev. 12/09) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
District
of Colorado
__________
District
of __________
LET'S GO AERO, INC. a Colorado corporation,
Plaintiff
v.
U-HAUL INTERNATIONAL, INC. a Nevada
corporation
Defendant
)
)
)
)
)
)
)
Civil Action No.
SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) U-Haul International, Inc.
A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
Martin D. Beier, Esq.
Thomas M. Haskins, Esq.
1801 York Street
Denver, CO 80206
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 12/09) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
District
of Colorado
__________
District
of __________
LET'S GO AERO, INC. a Colorado corporation,
Plaintiff
v.
WYERS PRODUCTS GROUP, INC., a Colorado
corporation d/b/a TRIMAX
Defendant
)
)
)
)
)
)
)
Civil Action No.
SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) Wyers Products Group, Inc. d/b/a TRIMAX
A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
Martin D. Beier, Esq.
Thomas M. Haskins, Esq.
1801 York Street
Denver, CO 80206
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk

Let&#39;s Go Aero v. U-Haul - Complaint

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Let&#39;s Go Aero v. U-Haul - Complaint

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Case 1:16-cv-00410 Document 1 Filed 02/19/16 USDC Colorado Page 1 of 20

IN THE UNITED STATES DISTRICT COURT

Case 1:16-cv-00410 Document 1 Filed 02/19/16 USDC Colorado Page 2 of 20

Non-Party Cequent Performance Products, Inc. is a manufacturer, importer and

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

Colorado Springs, Colorado.

Defendant U-Haul is a Nevada corporation with its principal place of business at

2727 N. Central Ave., Phoenix, Arizona 85004.

Defendant Wyers Products (Wyers) is a Colorado corporation with its principal

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

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

Case 1:16-cv-00410 Document 1 Filed 02/19/16 USDC Colorado Page 3 of 20

JURISDICTION AND VENUE

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

LGA is a manufacturer and distributor of a variety of towing products for use

Case 1:16-cv-00410 Document 1 Filed 02/19/16 USDC Colorado Page 4 of 20

SHP Patents and are in full force and effect.

GearCage product, No. 8,858,141 (141 Patent) (Exhibit C).

force and effect.

referred to herein as the Bike Rack Patents.

Case 1:16-cv-00410 Document 1 Filed 02/19/16 USDC Colorado Page 5 of 20

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

In April of 2012, U-Haul signed a non-disclosure agreement with LGA related to

Case 1:16-cv-00410 Document 1 Filed 02/19/16 USDC Colorado Page 6 of 20

including by mislabeling or misrepresentation as to the nature of the product, and without

Case 1:16-cv-00410 Document 1 Filed 02/19/16 USDC Colorado Page 7 of 20

All Cequent infringing products are designated as Cequent Infringing Products.

Products knowing that Wyers is thereby infringing the SHP Patents.

Case 1:16-cv-00410 Document 1 Filed 02/19/16 USDC Colorado Page 8 of 20

In or about September of 2014, U-Haul discontinued selling the infringing

The marketing and product materials U-Haul provides to customers (shown in

Upon information and belief, LGAs copyright management information

Case 1:16-cv-00410 Document 1 Filed 02/19/16 USDC Colorado Page 9 of 20

The mis-marking and misrepresentation of the Cequent

By mis-marking and improperly marketing the Cequent Infringing Products, and

Wyers has actively induced and contributed to the

Case 1:16-cv-00410 Document 1 Filed 02/19/16 USDC Colorado Page 10 of 20

LGA has been harmed by Defendants trademark infringement and mislabeling

products, and infringements by Defendants conduct.

LGA incorporates fully by reference all of the allegations contained in paragraphs

1 through 49, as set forth above.

Case 1:16-cv-00410 Document 1 Filed 02/19/16 USDC Colorado Page 11 of 20

among other relief, the following declarations (Declarations):

Neither of the Defendants have the lawful right to distribute, re-label

LGA has not consented to the sale, re-labeling or distribution of the

Defendants should each be enjoined and restrained from manufacturing,

Case 1:16-cv-00410 Document 1 Filed 02/19/16 USDC Colorado Page 12 of 20

SECOND CLAIM FOR RELIEF

LGA incorporates fully by reference all of the allegations contained in paragraphs

1 through 53, as set forth above.

(ARRP), is willfully infringing LGAs SHP Patents.

those products infringe LGAs SHP Patents.

By way of U-Hauls trademark infringement and use of SHPs patent marking,

Case 1:16-cv-00410 Document 1 Filed 02/19/16 USDC Colorado Page 13 of 20

LGA incorporates fully by reference all of the allegations contained in paragraphs

1 through 61, as set forth above.

Defendant Wyers had actual knowledge of the SHP Patents.

SHP Patents as provided by 35 U.S.C. 271(b).

Case 1:16-cv-00410 Document 1 Filed 02/19/16 USDC Colorado Page 14 of 20

FOURTH CLAIM FOR RELIEF

LGA incorporates fully by reference all of the allegations contained in paragraphs

1 through 66, as set forth above.

LGA is owner of the LGA Trademarks identified as GearCage,

U-Hauls affirmative and material misrepresentations in commercial advertising

Let's Go Aero v. U-Haul - Complaint

Let's Go Aero v. U-Haul - Complaint