Case 2:20-cv-11606 Document 1 Filed 12/23/20 Page 1 of 11 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.
6
7
8
UNITED STATES DISTRICT COURT
9
CENTRAL DISTRICT OF CALIFORNIA
10
11
COPLUS INC., Case No. 2:20-cv-11606
12
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,
17
Defendant.
18
19
20
Plaintiff Coplus Inc. (hereinafter “Coplus”), in its complaint against
21
Defendant Zhejiang Yuazheng Auto & Motorcycle Accessories Co., Ltd.
22
(China Limited Company) (hereinafter “Zhejiang”), alleges as follows:
23
NATURE OF THIS ACTION
24
1. This is an action for design patent infringement under 35 U.S.C. § 271
25
arising out of Defendant’s sale and exportation of automotive headlights.
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27
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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 No.
4 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.
27
28
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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 March 3, 2017, Plaintiff filed U.S. patent application no.
5 29/596026 (“the ‘026 application”) directed to one of its automotive headlights.
6 The ‘026 application issued as U.S. Design Patent No. D812,791 S (“the ‘791
7 Patent”) on March 13, 2018 and is titled “Vehicle Light.” A true and correct copy
8 of the ‘791 Patent is attached as Exhibit A. The ‘791 Patent remains in full force
9 and effect.
10 11. The ‘791 Patent is valid, enforceable, and was duly issued in full
11 compliance with Title 35 of the United States Code.
12 12. The ‘791 Patent is legally presumed to be valid under 35 U.S.C. § 282.
13 13. Coplus is the assignee and owner of all rights, title, and interests in the
14 ‘791 Patent, including all rights to pursue and collect past and future royalties and
15 damages for infringement of the patented claim. Coplus retains the exclusive right
16 to enforce the ‘791 Patent.
17 14. The ‘791 Patent covers the ornamental design for a vehicle light.
18 15. Coplus practices the ‘791 Patent in connection with the
19 commercialization of headlights for the Subaru WRX STI vehicle, as shown for
20 example below.
21 ///
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1 ‘791 Patent Coplus Headlight

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17 16. The Coplus vehicle headlights for the Subaru WRX STI have been

18 commercially successful with their distinctive design providing differentiation to

other competitors' designs.
19
17. The Coplus vehicle headlight is, and has been, marked with the
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number of the ‘791 Patent, as shown below.
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1 18. On information and belief, Defendant manufactures a vehicle

2 headlight for the 2015-2019 Subaru WRX STI vehicle, which is covered by the
3 claim of the ‘791 Patent (the “Subaru Infringing Product”).
4 19. On information and belief, Defendant exports or otherwise distributes
5 the Subaru Infringing Product for marketing and sale in the United States, including
6 exporting, distributing, or selling the Subaru Infringing Product to Burnz Auto
7 Accessories, Inc. (“Burnz”) for marketing and sale in the United States.
8 20. Burnz has sold and offered for sale in this district and elsewhere, and
9 continues to sell and offer for sale in this district and elsewhere in the United States,
10 without the consent or authorization of Plaintiff, the Subaru Infringing Product
11 marketed as “V1 Sequential Headlights 2015+ WRX STI.”
12 21. A true and correct copy of Burnz’s advertisement and offer for sale of
13 the Subaru Infringing Product on its Facebook page
14 (https://www.facebook.com/burnzauto/) is attached as Exhibit B.
15 22. A true and correct copy of Burnz’s advertisement and offer for sale of
16 the Subaru Infringing Product on its webpage
17 (https://burnzauto.com/collections/new-items/products/v1-sequential-headlights-
18 2015-wrx-sti) is attached as Exhibit C.
19 23. On information and belief, the Subaru Infringing Product advertised
20 on Facebook and Burnz’s webpage for sale in the United States (as shown in
21 Exhibits B and C) was purchased or otherwise procured or sourced from Defendant.
22 24. On August 17, 2020, Plaintiff notified Burnz by means of a letter that
23 Defendant’s Subaru Infringing Product advertised and sold (or intended to be sold)
24 by Burnz infringed the claim of the ‘791 Patent. A true and correct copy of the
25 Plaintiff’s letter to Burnz is attached as Exhibit D.
26 25. On August 17, 2020, Burnz sent an email to Plaintiff’s counsel stating,
27 in part, “Burnz Auto doesn’t make any and never has. Do you your homework and
28 you will see we sell Vland headlights and tails.” A true and correct copy of the

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1 August 17, 2020 from Burnz is attached as Exhibit E.

2 26. On information and belief, Defendant does business under the brand
3 VLAND. A true and correct copy of Defendant’s U.S. trademark registration for
4 the mark “VLAND” (Reg. No. 5,065,813) is attached as Exhibit F.
5 27. On August 19, 2020, Burnz sent a second email to Plaintiff’s counsel
6 stating, in part, “Again, reach out the the [sic] company that makes them Vland.
7 You can deal [sic] them as we only sell what they give us. We don’t make them
8 and never have as for your design you claim to be yours, I’m sure Vland’s came
9 from the Concept car that’s [sic] made. Also again if you look at the website you
10 will See [sic] that are branded Vland. Also if you look at the ad that was posted
11 from the start we clearly show they are Vland and not Burnz Auto.” A true and
12 correct copy of the August 19, 2020 email from Burnz is attached as Exhibit G.
13 28. On August 21, 2020, Plaintiff sent Burnz a letter notifying Burnz that
14 “pursuant to 35 U.S.C. §271(a), the sale of an infringing product constitutes
15 infringement even if the seller is not the manufacturer of the infringing product.”
16 A true and correct copy of the copy of Plaintiff’s August 20, 2020 letter to Burnz
17 is attached as Exhibit H.
18 29. On August 21, 2020, Burnz sent an email to Plaintiff’s counsel stating,
19 in part, “[t]his is something that you guys need to take up with Vland and not us.” A
20 true and correct copy of the August 21, 2020 email from Burnz is attached as
21 Exhibit I.
22 30. On information and belief, Burnz has continued to advertise, sell, and
23 offer for sale in this district and elsewhere in the United States, without the consent
24 or authorization of Plaintiff, the Subaru Infringing Product, despite Plaintiff’s
25 express notice of the ‘791 Patent and the relationship to the Subaru Infringing
26 Product.
27 31. On information and belief, Defendant (utilizing its VLAND brand)
28 has continued to export or otherwise distribute the Subaru Infringing Product to

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1 Burnz for sale in this district and elsewhere in the United States, without the
2 consent or authorization of Plaintiff, despite Plaintiff’s express notice of the ‘791
3 Patent and the relationship to the Subaru Infringing Product.
4
5 CLAIM FOR RELIEF
6 COUNT I
(Direct Patent Infringement)
7
32. Plaintiff hereby repeats and realleges paragraphs 1 through 31 as
8
though fully set forth herein.
9
33. Defendant’s Subaru Infringing Product incorporates the design
10
patented in the ‘791 Patent, or a colorable imitation thereof.
11
34. In the eye of an ordinary consumer familiar with the prior art,
12
Defendant’s Subaru Infringing Product is substantially the same as Coplus’s design
13
covered by the ‘791 Patent such that the ordinary consumer would be deceived by
14
the substantial similarity of the designs so as to be induced into purchasing the
15
Defendant’s Subaru Infringing Product supposing it to be one offered by Coplus
16
and covered by the ‘791 Patents as shown below.
17
‘791 Patent Subaru Infringing Product
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1 35. The alleged infringing acts of Defendant with respect to the ‘791
2 Patent are performed without right, license, or authorization from Plaintiff.
3 36. By its aforesaid acts, Defendant has directly infringed and continues
4 to infringe the claim of the ‘791 Patent by, inter alia, making, using, offering to
5 sell, and/or selling in the United States, or importing into the United States,
6 products infringing the ornamental design covered by the ‘791 Patent in violation
7 of 35 U.S.C. § 271(a).
8 37. Defendant has had actual or constructive notice of the existence of the
9 ‘791 Patent and despite such notice has continued to engage in acts of infringement.
10 38. As a direct result of Defendant’s acts complained of herein, Plaintiff
11 has been actually damaged and irreparably harmed and Defendant has been
12 unjustly enriched, to an extent not presently ascertained, which damage, harm and
13 enrichment will continue until enjoined from further infringement by order of
14 this Court.
15 39. On information and belief, Defendant’s infringement of the ‘791
16 Patent has been, and continues to be, willful because Defendant continues to
17 directly infringe the ‘791 Patent despite having notice of the ‘791 Patent and with
18 knowledge that such infringement has occurred, or at least willful blindness to
19 whether such infringement has occurred, and therefore Plaintiff is entitled to
20 enhanced damages against Defendant.
21 40. This is an exceptional case and Plaintiff is entitled to an award of its
22 attorneys’ fees.
23 PRAYER FOR RELIEF
24 WHEREFORE, Plaintiff respectfully requests that the Court finds in its favor
25 and against Defendant, and that the Court grant Plaintiff the following relief:
26 a) Adjudging and decreeing that Defendant has infringed and is
27 infringing the ‘791 Patent by its manufacture, use, importation, sale,
28 and/or offer for sale of the Subaru Infringing Product;

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1 b) A temporary and permanent injunction prohibiting Defendant and its

2 officers, directors, agents, servants, employees and attorneys, and
3 other persons in active concert or participation with Defendant, from
4 making, importing, using, selling, and offering to sell in the United
5 States infringing products practicing the ‘791 Patent, from other
6 infringing, contributing to infringement of, and actively inducing
7 infringement of the ‘791 Patent, and for all further and proper
8 injunctive relief pursuant to 35 U.S.C. § 283;
9 c) An order requiring Defendant to deliver up to Plaintiff for destruction
10 any and all Subaru Infringing Products in Defendant’s possession,
11 custody or control, along with any items of manufacture, the sole
12 purpose of which is to manufacture such Subaru Infringing Products,
13 as well as any promotional literature and packaging which displays or
14 promotes such Subaru Infringing Products;
15 d) An accounting of all of Defendant’s infringing sales of the Subaru
16 Infringing Products and all of Defendant’s revenue generated from the
17 sales of the Subaru Infringing Products;
18 e) An award to Plaintiff of its lost profits or such past damages, not less
19 than a reasonable royalty, as it shall prove at trial against Defendant
20 that is adequate to fully compensate Plaintiff for Defendant’s
21 infringement of the ‘791 Patent, together with post-judgment and pre-
22 judgment interest thereon, pursuant to 35 U.S.C. § 284;
23 f) An award to Plaintiff of Defendant’s total profit, but not less than
24 $250, from the sale of the Subaru Infringing Product in the United
25 States, together with post-judgment and pre-judgment interest
26 thereon, pursuant to 35 U.S.C. § 289;
27 g) A determination that Defendant’s infringement has been willful,
28 wanton, and deliberate and that the damages against Defendant be

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1 trebled, pursuant to 35 U.S.C. § 284 or for any other basis in

2 accordance with the law;
3 h) A finding that this case is exceptional and an award to Plaintiff of its
4 costs, expenses, and reasonable attorneys’ fees, as provided by
5 35 U.S.C. § 285; and
6 i) For such other and further relief as the Court may deem just and
7 proper.
8
9 Dated: December 23, 2020 Respectfully submitted,
10 LEWIS ROCA ROTHGERBER
CHRISTIE LLP
11
By /Dustin R. Szakalski/
12 Dustin R. Szakalski
13 Attorneys for Plaintiff
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.
4
5 Dated: December 23, 2020 Respectfully submitted,
6 LEWIS ROCA ROTHGERBER
CHRISTIE LLP
7
8 By /Dustin R. Szakalski/
Dustin R. Szakalski
9 Attorneys for Plaintiff
10 COPLUS INC.

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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT B
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Case 2:20-cv-11606 Document 1-3 Filed 12/23/20 Page 1 of 2 Page ID #:24

EXHIBIT C
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EXHIBIT C
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EXHIBIT D
 Case 2:20-cv-11606 Document 1-4 Filed 12/23/20 Page 2 of 5 Page ID #:27

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

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;

Albuquerque / Colorado Springs / Denver / Las Vegas / Los Angeles / Phoenix / Reno / Silicon Valley / Tucson
112009240.1 EXHIBIT D
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 Case 2:20-cv-11606 Document 1-4 Filed 12/23/20 Page 3 of 5 Page ID #:28

Bernie Szmidt
BURNZ AUTO ACCESSORIES, INC.
August 17, 2020
Page 2

2. Destroy all remaining inventory of the infringing Burnz Subaru Design headlights
in the United States; and

3. Provide us with a full and complete accounting of all sales, dispositions, 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 D
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Bernie Szmidt
BURNZ AUTO ACCESSORIES, INC.
August 17, 2020
Page 3

112009240.1 EXHIBIT D
Page 14
 Case 2:20-cv-11606 Document 1-4 Filed 12/23/20 Page 5 of 5 Page ID #:30

Bernie Szmidt
BURNZ AUTO ACCESSORIES, INC.
August 17, 2020
Page 4

COPLUS BURNZ AUTO

112009240.1 EXHIBIT D
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EXHIBIT E
 Case 2:20-cv-11606 Document 1-5 Filed 12/23/20 Page 2 of 6 Page ID #:32

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:

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

LRRC Ref. 402120-00001

Dear Mr. Szmidt:

Please see the attached correspondence sent to you on behalf of Dustin R. Szakalski.

1
EXHIBIT E
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If you have any questions, please do not hesitate to contact us.

Sincerely,

2
EXHIBIT E
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 Case 2:20-cv-11606 Document 1-5 Filed 12/23/20 Page 4 of 6 Page ID #:34

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 E
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 Case 2:20-cv-11606 Document 1-5 Filed 12/23/20 Page 5 of 6 Page ID #:35

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 E
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5
EXHIBIT E
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EXHIBIT F
 Case 2:20-cv-11606 Document 1-6 Filed 12/23/20 Page 2 of 3 Page ID #:38

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 F
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 Case 2:20-cv-11606 Document 1-6 Filed 12/23/20 Page 3 of 3 Page ID #:39

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 F
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EXHIBIT G
 Case 2:20-cv-11606 Document 1-7 Filed 12/23/20 Page 2 of 10 Page ID #:41

Kim, Grace H.

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

Sent: Wednesday, August 19, 2020 5:44 AM
To: Kim, Grace H.
Subject: Re: Infringement of Coplus’s U.S. Design Patent No. D812,791 (LRRC Ref. 402120-00001)

[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

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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:

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

LRRC Ref. 402120-00001

Dear Mr. Szmidt:

Please see the attached correspondence sent to you on behalf of Dustin R. Szakalski.

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

Sincerely,

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Grace H Kim

IP Legal Secretary

626.683.5970 office

626.577.8800 fax

GKim@lrrc.com

COVID-19 questions?

7
EXHIBIT G
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 Case 2:20-cv-11606 Document 1-7 Filed 12/23/20 Page 9 of 10 Page ID #:48

Connect to our

Rapid Response Team

for answers and resources.

_____________________________

Lewis Roca Rothgerber Christie LLP

655 North Central Avenue, Suite 2300

Glendale, CA 91203-1445

lrrc.com

8
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 Case 2:20-cv-11606 Document 1-7 Filed 12/23/20 Page 10 of 10 Page ID #:49
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
prohibited. If you have received this communication in error, please notify us immediately by replying

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.

9
EXHIBIT G
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EXHIBIT H
 Case 2:20-cv-11606 Document 1-8 Filed 12/23/20 Page 2 of 2 Page ID #:51

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

August 21, 2020

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

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

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

3. Provide us with a full and complete accounting of all sales, dispositions, 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

Albuquerque / Colorado Springs / Denver / Las Vegas / Los Angeles / Phoenix / Reno / Silicon Valley / Tucson
112079111.1 EXHIBIT H
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EXHIBIT I
 Case 2:20-cv-11606 Document 1-9 Filed 12/23/20 Page 2 of 6 Page ID #:53

Kim, Grace H.

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

Sent: Friday, August 21, 2020 8:09 AM
To: Kim, Grace H.
Subject: Re: Infringement of Coplus’s U.S. Design Patent No. D812,791 (LRRC Ref. 402120-00160)

[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:

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

LRRC Ref. 402120-00160

Dear Mr. Szmidt:

Please see the attached correspondence sent to you on behalf of Dustin R. Szakalski.

1
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If you have any questions, please do not hesitate to contact us.

Sincerely,

2
EXHIBIT I
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 Case 2:20-cv-11606 Document 1-9 Filed 12/23/20 Page 4 of 6 Page ID #:55

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 I
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 Case 2:20-cv-11606 Document 1-9 Filed 12/23/20 Page 5 of 6 Page ID #:56

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 I
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 Case 2:20-cv-11606 Document 1-9 Filed 12/23/20 Page 6 of 6 Page ID #:57

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
prohibited. If you have received this communication in error, please notify us immediately by replying

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 I
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