INFRINGEMEN_AND. Telephone: (858) ,. "3 rri. corporation and OAKLEY SALES CORP., a Washington corporation,

Transcription

1 Case 8:1%ov DOC -MLG Document 1 Filed 08/09/10 Page 1 of 22 Page ID #:1 Janet R. Kaufman,.CSB No jank_@wknjlaw.com Gregory K. Nelson, Es.q., CSB No _gnelso_wicnilaw.com WEEKS-, KAUFMAN, NELSON & JOHNSON Stevens Avenue Suite 310 Solana Beach, CA0075, 1 4 Telephone: (858) ,. "3 rri Facsimile: (858) office@wknjlaw.com IN, c-, F 6 Attorneys for Plaintiff 2, 7 i 8 UNITED STATES DISTRICT COURT 9 II CENTRAL DISTRICT OF CALIFORNIA OAKLEY, INC., a Washington SACV corporation and OAKLEY SALES CORP., a Washington corporation, Case No.: DOC(MLGX) COMPLAINT FOR BREACH OF CONTRACT COPYRIGHT 13 INFRINGEMEN_AND 14 Plaintiffs, 15 VS. BHM GOLF, 16 BRIAN H. MEYER dba BHM GOLF, an individual, Defendants. an unknown entif and TRADEMARK INFRINGEMENT JURY TRIAL ) Plaintiffs Oakley, Inc. and Oakley Sales Corp. hereby allege as follows: 1. Plaintiff Oakley, Inc. (hereinafter referred to as "The Parties") is corporation organized and existing under the laws of the State of Washingtoi having its principal place of business at One Icon, Foothill Ranch, Californi Plaintiff Oakley, Inc. is doing business within this judicial district. 2. Plaintiff Oakley Sales Corp. (hereinafter referred to as "OSC") is wholly owned subsidiary of Oakley and is a corporation organized and existin under the laws of the State of Washington, having its principal place of business

2 Case 8:1fl-cv DOC -MLG Document 1 Filed 08/09/10 Page 2 of 22 Page ID #:2 One Icon, Foothill Ranch, California Plaintiff OSC is doing business 2 within this judicial district Plaintiffs are informed and believe and based thereon allege that 4 Defendant BHM Golf is a sole proprietorship owned and operated by Defendant 5 Brian H. Meyer. Defendant KIM Golfs place of business is located at 100 E. 6 Roosevelt, Suite 19, Villa Park, Illinois Defendant BHM Golf is engaging 7 in business in this judicial district by buying and selling products here Plaintiffs are informed and believe, and based thereon allege, that 9 Defendant Brian Meyer is an individual residing in or near Villa Park, Illinois. io ii Defendant Brian Meyer is engaging in business in this judicial district by buying and selling products here. 12 JURISDICTION Oakley and Defendant BHM entered into a contract which sets forth 14 the terms and conditions of their business relationship and is identified as the 15 Oakley Retail Sales Agreement (RSA). The RSA provides in Paragraph G ae 16 follows: "Retailer agrees that this Agreement was entered into and is to be 17 performed in Orange County, California and that the state or federal courts locate( 18 in Orange County, California shall have exclusive jurisdiction over the parties anc 19 any dispute arising hereunder. Retailer waives the right to have any dispute arisii-4 20 hereunder brought or tried in alternate jurisdictions and venues. A copy of the 21 RSA is attached hereto as Exhibit A and incorporated herein by reference Jurisdiction over this action is founded upon 28 U.S.C on th( 23 grounds that there is complete diversity between the Defendants, and on 28 U.S because a federal question is presented. 7. Venue is proper under 28 U.S.C. 1391(b) in that a federal questiot 26 is presented herein. Also, the contract giving rise to this action was executed an( 27 to be performed within this judicial district, and includes a choice of venue clausi 28 (Exhibit A hereto).

3 Case 8:10-cv DOC -MLG Document 1 Filed 08/09/10 Page 3 of 22 Page ID #:3 FACTUAL BACKGROUND 2 8. Plaintiffs manufacture and sell high quality sport sunglasses and othe 3 various product lines Plaintiffs sell their products only to authorized dealers. All authorize( 5 dealers are required to sign a form RSA. On or about February 17, Defendant BHM entered into an RSA with Plaintiff OSC. (Exhibit A hereto.) The RSA prohibits retailers from selling Oakley products on th( 8 internet without Oakley's prior written approval (Exhibit A, Paragraph C) The RSA further provides that the retailer will not utilize Oakley'; io trademarks or logos without Oakley's prior written consent (Exhibit A, Paragrapl In July 2010, Plaintiffs became aware that Defendants were offering 13 Oakley products for sale via the internet on the website 14 without having obtained authority from Oakley for doing so Defendants are utilizing Oakley's copyrighted images and trademark! 16 on without authority from Oakley for doing so Additionally, Defendants have been provided with an Oakley brande( 18 display case to display the Oakley products in Plaintiffs' authorized retail locations 19 The RSA provides in Paragraph F that the display cases are to remain the sol( 20 property of Oakley and that the retailer must return the displays to Oakley upoi 21 request. (Exhibit A, Paragraph F.) Defendants have been requested to return th( 22 display cases to Oakley, but have refused Defendants were contacted in July, 2010 by counsel for Oakley, a, 24 well as by sales personnel at Oakley, regarding the unauthorized sale of Oak le: 25 products on the internet. The Defendants promised to remove the Oakley product 26 from the BHM website, but have not. Defendants were warned that if they refuse( 27 to remove the Oakley products and Oakley images and trademarks from the BHN 28 golf website, they would be in a breach of the RSA and could be terminated 3

4 Case 8:101-cv DOC -MLG Document 1 Filed 08/09/10 Page 4 of 22 Page ID #:4 1 Defendants did not discontinue the sales of Oakley branded products 2 Golf website as requested. on the BI-111, On July 26, 2010, counsel for Oakley notified Defendants that thei 4 account was terminated as a result of their failure to discontinue offering Oakle: 5 products on the BH11/1 Golf website and for utilizing Oakley copyrights am 6 trademarks without permission. At that time, a request was made for the return o 7 the Oakley display case and return of inventory pursuant to the RSA. Defendant have refused to cooperate and continue to make unauthorized sales of Oakle: 9 products on the internet. FIRST CAUSE OF ACTION (BREACH OF CONTRACT) 17. Plaintiffs refer to and reallege Paragraphs 1 through 16 above a though fully set forth at this point. 18. Defendants have breached the RSA by selling Oakley products on their website without authority from Plaintiffs for doing so. 19. Defendants have further breached the RSA by utilizing Plaintiff Oakley's trademarks and logos without authority for doing so. 20. Defendants have further breached the RSA by refusing Oakley display case to Oakley as requested by Plaintiffs. 21. Retailer has further breached the RSA by failing remaining inventory to Oakley upon request. to return the to return retailer's 22. As a direct result of the breach of contract by Defendants, Plaintiffs have been damaged in an amount not yet fully determined at trial. SECOND CAUSE OF ACTION 25 (SPECIFIC PERFORMANCE) ascertainable but that will be Plaintiffs refer to and reallege Paragraphs 1 through 27 though fully set forth at this point. 16 above as?8 4

5 Case 8:11:1-cv DOC -MLG Document 1 Filed 08/09/10 Page 5 of 22 Page ID #:5 H 24. Defendants have breached the RSA by failing to return display 2 and remaining inventory to Oakley in spite of requests from Oakley to do so Unless or until this court grants an order for specific performam 4 requiring Defendants to return the display case and remaining inventory, Plainti 5 are informed and believe and based thereon allege that Defendants will continue 6 maintain possession ofthe Oakley product display case and inventory ) THIRD CAUSE OF ACTION (CONVERSION) 26. Plaintiffs refer to and reallege Paragraphs 1 through though fully set forth at this point. 16 above 27. Defendants have converted the Oakley displays in its possession their own use and have failed to return the display upon request from Oakley required by the RSA. 28. Unless or until this court grants an order requiring Defendants return the product displays to Oakley, Plaintiffs are informed and believe am based thereon allege that Defendants will refuse to return the display. 16 FOURTH CAUSE OF ACTION 17 (ACCOUNT STATED) Plaintiffs refer to and reallege Paragraphs 1 through 16 above 19 though fully set forth at this point. 30. Defendants were established as an authorized Oakley dealer. As 21 result, Defendants were granted terms of payment in good faith and in relying 22 the terms of payment, Oakley has shipped orders to Defendants As of the date of the filing of this complaint, the total invoiced amou for the products shipped to Defendants and not yet paid for equals $5, this amount, $2, is past due Defendants are required by the RSA to make timely payments on th( 27 II account. 5

6 Case 8:4-ov DOC -MLG Document 1 Filed 08/09/10 Page 6 of 22 Page ID #: Defendants have breached the RSA by failing to make timel] 2 payments on the account As a result of the Defendants' breach, Oakley has been damaged in th 4 amount of $5, FIFTH CAUSE OF ACTION (TRADEMARK INFRINGEMENT) Plaintiffs refer to and reallege Paragraphs 1 through 16 above a though fully set forth at this point. 36. This is a claim for trademark infringement 1114 against all named Defendants. 37. Jurisdiction is founded upon 15 USC and arises under 15 US( Oakley is the owner of U.S. Trademark No. 3,331, 124 which confer on Oakley the exclusive right to use this trademark in commerce. A true an correct copy of U.S. Trademark Registration No. 3,331, 124 is attached hereto a Exhibit B. The trademark registration referred to above is in full force and effec and has never been abandoned. 17 rights with respect to this trademark registration. Oakley continues to preserve and maintain ii The trademark above is inherently distinctive in appearance and ha 19 become through widespread public acceptance, a distinctive designation or sourc 20 of origin of goods offered by Oakley and has acquired secondary meaning in th 21 marketplace. It constitutes an asset of incalculable value as a symbol of Oakley i 22 its quality of goods and goodwill This mark has been used in commerce in connection with the sale c )7 Oakley sunglasses continuously since at least the earliest date of issue. The mar appears clearly on packaging, advertisements, product brochures, point of purchas materials, and on Oakley branded products. 41. Oakley is informed and believes and based thereon alleges th; Defendants have used the Oakley trademark on the BHM Golf website and in oth( 6

7 Case 8:1O-cv DOC -MLG Document 1 Filed 08/09/10 Page 7 of 22 Page ID #:7 advertising creating the impression that they are authorized to use Oakley' 2 trademarks Oakley is informed and believes and based thereon alleges the 4 Defendants' use of Plaintiffs' registered trademark in commerce constitute 5 trademark infringement and false designation of origin Defendants are well aware of Oakley's trademark rights and agreed b way of contract not to use Oakley's trademarks without the express authority 0: Oakley. Defendants have not obtained such authority. 44. Plaintiffs are informed and believe based thereon allege tha Defendants have derived, received, and will continue to receive its profits fron their infringement of Oakley's trademark rights in an amount not yet ascertainable but as will be determined at the time of trial. 45. Plaintiffs are informed to believe, and based thereon allege tha Defendants will continue to infringe Oakley's registered trademark to th( 16 inreparable injury of Oakley to which Oakley has no adequate remedy of lay unless Defendant is enjoined by this court from doing so. 46. Plaintiffs have been damaged as a result of Defendants' infringemen of its trademark. Plaintiffs are informed and believe and based thereon allege tha 20 this unauthorized sale of Oakley products by Defendants have resulted in lost s 21 and has reduced the business and profit of Oakley all to Oakley's damage in 22 I amount not yet fully ascertained. 23 SIXTH CAUSE OF ACTION 24 (COPYRIGHT INFRINGEMENT, 17 USC 501, et seq.) 47. Plaintiffs refer to and reallege Paragraphs 1 through 16 above though fully set forth at this point. Defendants. 48. This is a claim for copyright infringement against all 7

8 Case 8:10-cv DOC -MLG Document 1 Filed 08/09/10 Page 8 of 22 Page ID #: Jurisdiction is proper under 17 USC 101 et seq. and 28 US( 1331 and 1338(a) Venue is proper under 28 USC 1391(b)2 and 1400(a) At all times relevant hereto Plaintiff Oakley has been the producer an 5 owner of the photographic works reproduced and distributed in the public displa 6 by Defendants on their website For each of the works at issue in this matter, Oakley holds th 8 9 copyright certificate from the United States Copyright Office pertaining to th Oakley has complied in all respects to 17 USC 101 et seq. an secure the exclusive rights and privileges in and to the copyrights of the above referenced work. Oakley has been and still is the owner of all rights, title, interest in and to the copyrights in the works listed in the chart below. Title of Work Date of Registration Registration No. Flak Jacket VA Gascan VA HalfJacket VA HalfJacket XL VA Jawbone VA Jawbone AO VA Monster Dog VA Monster Dog VA Radar Path VA Radar Pitch VA Radar Range VA Whisker VA splinter VA

9 Case 8:111-ov DOC -MLG Document 1 Filed 08/09/10 Page 9 of 22 Page ID #:9 54. For an unknown period of time, Defendants' website has unlawfull 2 copied, displayed, distributed, and reproduced thumbnail and full size images ol 3 Oakley's copyrighted images as set forth above as well as many other images thai 4 are not registered with the copyright office. Oakley did not authorize Defendants 5 copying, display, distribution, or reproduction of Oakley's work. Defendants have 6 therefore violated Oakley's exclusive rights in its copyrighted works including anc 7 without limitations Oakley's rights under 17 USC On information and belief Oakley alleges that, as a direct anc proximate result of its wrongful conduct, Defendants have realized and continue tc realize profits and other benefits rightfully belonging to Oakley. Accordingly Oakley seeks an award of damages pursuant to 17 USC 504 and Defendants' infringing conduct has also caused and is causin substantial and irreparable injury and damage to Oakley in an amount not capabl( of calculation, and unless restrained, will cause further irreparable injury leavin Oakley with no adequate remedy at law. Accordingly, Oakley respectful].) 16 lequests the court issue 17 a preliminary and permanent injunction agains 18 Defendants' continued use of Oakley's copyrighted works Upon information and belief, Defendants have knowingly an( 20 willfully engaged in the acts complained of with oppression, fraud, and malice, an( 91 in conscious disregard of the rights of Oakley. Oakley is therefore entitled to th( 22 maximum statutory damages allowable WHEREFORE, Plaintiff Oakley, Inc. prays as follows: 1. That Plaintiff Oakley be awarded damages determined according to proof in the amount to b at trial for Defendants' breach c contract; 2. That Plaintiffs be awarded a judgment in the amount of $5, fc 28 the account stated; 9

10 Case 8:10-4v DOC -MLG Document 1 Filed 08/09/10 Page 10 of 22 Page ID #:10 3. That this court issue an order requiring Defendants to remove all 2 Oakley products from its website, return Oakley's display cases tc 3 Oakley, and return remaining inventory to Oakley; 4 4. For an order declaring that U.S. Trademark Registration No 3,331, 124 is owned by Plaintiff Oakley and enforceable; 6 5. That Defendants be jointly and severally adjudicated to have infringed 7 Oakley's U.S. Trademark Registration No. 3,331, 124; 8 6. That Defendants be enjoined and restrained during the pendency oi 9 this action and permanently thereafter from using Oakley's Trademark 10 No. 3,331, 124; For damages for trademark infringement against Defendants pursuam 12 to USC 1117; That the court immediately and permanently enjoin Defendants fioni 14 republishing any of Oakley's copyrighted material without consent oi 15 otherwise infringing Oakley's copyrights or other rights in any 16 manner; That the court order Defendants to account to Plaintiff for all gains 18 profits, and advantages derived by its infringement of Oakley': 19 copyrights; That the court award actual and/or statutory damages as appropriat 71 under 17 USC 1504 to Oakley in order to compensate Oakley fo 22 Defendants' unlawful use of its copyrighted works; For an award of reasonable costs, expenses and attorneys fees b( 94 awarded against Defendant pursuant to 17 USC 1505, 15 US( and California Civil Code 1717; For further relief as the court may deem just and proper

11 Case 8:101-0v DOC -MLG Document 1 Filed 08/09/10 Page 11 of 22 Page ID #:11 I DATED: 511 WEEKS, KAUFMAN, NELSON & JOHNSON JA t rot Risei KAUFMAN Attorney for Plaintiff, Oakley, Inc. 5 jank@wknjlaw.com 6 7 JIJRY DEMAND 8 Plaintiff Oakley, Inc. hereby requests a trial by jury in this matter. 9 DATED: 4611 to WEEKS, KAUFMAN, NELSON & JOHNSON , 11 J 1, BE t ON KAUFMAN 12 A orney for Plaintiff, Oaldey, Inc. jank@wknjlaw.corn

12 Case 8:10-cv DOC -MLG Document 1 Filed 08/09/10 Page 12 of 22 Page ID #:12 EXHIBIT A

13 r Case 8:10-cv DOC -MLG Document 1 Filed 08/09/10 Page 13 of 22 Page ID #:13 afar : THE UPS STORE p. 4 Z17 E ve Date: JO Iti OAKLEY RETAIL SALES AGREEMENT Name: 2 Pherk ettqaa R. Her Address: too Q1-1-- Roace-tle,11 6;01e 11 i 1414 gala- -11, 6481.R!flex Telephone: /AA'), O64t.; d(ley RETAIL SALES AGREEMENT (the "Agreement") is entered Intl>DS ofthe Effective Date by and Oakley Sales Corp., a Washington corporation roakley") with its principleplace ofbusiness at OneIcon, Ranch, Cailiamia and the above named Retailer. This Agreement sets forth the parties' rights and ans as they relate to each other..aii01. Oakley A BY" F3NOWL IA r 3 Name: Title: Fttre rionataaaaaaya.r tra Date: f 1111 In consideration ofthe covenants and promiseitentained herein, eaah party agrees as follows: A. it Retailer altali sell only those Oakley Products at the Retailer Loeations listed in:baia& attachedhereto and incorporated herein. For purpose ofthis Agreement, "Oakley Products are defined as these products Oakley is authorized to sell tha it elects to make available to Retailer from lime to time in its sole and absolute diacretion. For avoklance ofdoubt, such ptoducts may include, the Oakley, Amette, Rave, Fox and Ray-Ban Sport brands. In no event shall Retailer sell tho Oakley ProduMs without the priorwritten consent of Oalday. Retailer reptesenta and warrants that none ofthe Retail Locations are outlet utores or are located in an Outlet or manufacturer mall. B. ;Retailer agrees to maintala the retail standards sat forth below. Fallen to maintain these standards may i; constitute a material breach by which Oakley may terminate this Agteementfor cause. 1. The exterior appearance and The interior fixturtzetilten, (lacer and, ova:tall appearance ofthe Retail Locations shall be ofhigh quality, gond taste and consistent with mhe image ofoakley. ^t 2. The sales and promotional techniques ofretailer's sales personzet and their personal appearance and demeanor shall be in accontance with Oakley standards. Retailer agrees to requite sales personnel to be familiar with Oakley Products and teparticipate in product education Minks provided from time to time by authorited Oakley representatives. 3. Withrespeet to aach Retail Location, Retailer shall place a minimum opening order as recommendedby Oakley's field sales representative and/or regional sales manager. Further, eaeh Retail Location shall maintain a fair representation of Oakley Products consistent with theminimum opening artierplaced. 4. After Retailer opens a Retail Location and sells thaaugh the minimum opening order, no changes shall occur whim reveal to time above standards that in the opinion ofoakley, adversely affects the imago of Oakley or the Oakley Paaducts. C., Retaiter shall not sell or otherwise divert Oakley Products by any means to any other emity or individual for 1i.resaio atad specifically no Oakley Produeta shall be diveded to any swap meet, Ilea market, Internet site, or other retailer for resale or exhibition, Punter, Retailer shall not sell arty Oakley Products to any individual or entity that Retailer might reasonably believe has the intention of reselling the goods. Retailer agrees not to directly or indirectly advertise or solicit sates or sell Oakley Products via mail or the Internet, without Oakley's pao- r wn'tten approval (and signed by an authorized representative ofoakley). Retailer agrees that it will :ieducate its employees regarding this movision and take reasonable steps to prevent diversion ofoakley EXHOT A_ PAGE OF 3

14 Case 8:10-cv DOC -MLG Document 1 Filed 08/09/10 Page 14 of 22 Page ID #:14 Mar 03 2?, 10 9:37fill THE UPS STORE # p.s Product. Relellerameee to eorepensate Oakley for reasonable damages for way violation ofibis parageaph and to also reimburse Ilkley for the repurchase ofoakley Produets by Oakley from any other entity to which or through which Retailer has diverted Oakley Producte. Retailer agrees that it will not sell or display eny products-that infringe Oakley's or he affiliates' trademarks or patents. Reballer agrees not to utilize Oakley's or its affiliates' trademarks or logos without Oakley's prior written consent and will not advertise or promote Oakley Pernlucts in a way that is inconsistent with the advertising standards ofoakley. Mailer will use all point ofputchase or other promotional materials provided to Retailer by Oakley in the manner as reasonably directed by Oekley. Retailer agrees to *secure the prior written approval ofoakley for all advertising concern.* Oakley Products. In no eventwill Retailer advertise in any way to diminishthe image ofonkiey Produets, Retailer agrees that it will pay freight charges for Oakley Pro-cleat displays loaned by Oaldey such freight eharges shall be noratfundable in nature. Retailer further agatethat all Oakley Product displays are and remain thesoleproperty ofoakley and agrees to rettim all displays to Oakley upon eequest of Oakley or the termination ofits relationship with Oakley. Retailer agrees that Its failure to abide by the terms ofthis Agreement, or- to make timely payments On its amount, will result in terminetion of delivety of goods by Oakley ne well as potential liability for damages. This Agreement shall be goverted by tbe laws ofthe State &California, without regard to conflictof km provisions. Retailer agrees that this Agreement-was entered into and is to be performed inorange County, California and thee the state or federal courts kicated in. Oreoge County, California shall have exclusive jueisdiction over the parties and any dispute arising hereunder. Retailer waives therightlo 'have any dispute arising hereundre brought or treed la Amatojurisdiceriona and Nftlies. Retaikr further agrees that the prevabing party in arty litigation coneeming this Agteemeet or the breach thereet shall be entitled to reasonable attorneye' fees and costs in addition to Rey other damages awarded. In order to expedite the receipt ofoakky Products, Retailer agrees that Oakley shall have a sixty (60) day period from the damofretailer's signaturewhorein Oakley shall be given the right to inspect-the Retailer's premises and review the Retailer's selling plea-ekes. IfOakley determineslhat Retailer duet not-meetthe standards set forth in paragraph B above, then Oakley shall have the right to terminate this agreement evenif Oakley has previously sold Oakley Products toretailer. Oakley reserves the right to determine which lines ofoakley Products that Retailer will be authorized to sell. TerMs ofsale will be as indicated on the Oakley order cunfirmation and/or invoices and/or as communicated to Retailer in writing. This Agreement and order etmfirmations shall be the governing document betweea the parties and shall be controlling in theevent there is any conflict between them and nny agreement created by Retailer, including weldor guides or 011ChaSe CAUL This Agreement May not be modified without -the express written consent ofoakley. Retailer agrees that thls Agmemeet is to be retreactive to the date Retailer was originally opened as an amount, and eapersedes all prior agreements between the parties, if any. From time to time, Oakley may agree in writing to adhere to Retallet's policy &ides or policies which supplement this Agreement, however ornder no eireamstarmes shall Oakley be feeble or reeponsible for any vendor compliance charges. This agreemeat is not assignable by Retailer and either pany may terminate this Ateeement upon thirty (30) days prior written notive to the other party. Upon termination ofthe relationship between Oakley and Retailer, Retailer shall return all or peat ofretailer's remaining inventory, point ofpurchase and other promotional materials, if requested to do so by Oakley. Oakley will reimburse Retailer fer such returned inventory at Retailer's eriginal cost less an appropriate restoeking fee. By signing this Agreement, the signatory represents thathe has the requisite authority to bind Retailer tothis Agreement. Page 2 of3 S. 8 EXHIBIT 1,4): PAGE OF,

15 Case 8:10-cv DOC -MLG Document 1 Filed 08/09/10 Page 15 of 22 Page ID #:15 Mar : 38AM THE UPS STORE P- e ExbiNt A Retail Locations Please list the retail locations below or othonyise attach a list of ail such locations, including address and store number/designation. Page 3 of3 EMBIT page OF 3

16 Case 8:10-cv DOC -MLG Document 1 Filed 08/09/10 Page 16 of 22 Page ID #:16 EXHIBIT B

17 =lase 8:10-cv DOC -MLG Document 1 Filed 08/09/10 Page 17 of 22 Page ID #:17 Int. Cis.: 9 and 25 Prior U.S. Cis.: 21, 22, 23, 26, 36, 38, and 39 Reg. No. 3,331,124 United States Patent and Trademark Office Registered Nov. 6, 2007 TRADEMARK PRINCIPAL REGISTER...L 3, -y '-;";1, ----"r';',,,.._;:e...?z:,,, 7, 4,!1.1.'"%xt, 41, ,,,.A.--" :::?1.-.'7c;,, 4.. ;;;:p.;, i', *0. k... :b-iii '."--N'w"...:.i...:-._ :..._ OAKLEY, INC. (WASHINGTON CORPORATION) FOR: CLOTHING, NAMELY, T-SH1RTS, BEACH- ONE ICON WEAR, BLOUSES, SPORTS SHIRTS, JERSEYS, SWIMWEAR, SWIMTRUNKS, SHORTS, UNDER- FOOTHILL RANCH, CA WEAR, SHIRTS, PANTS, SKI AND SNOWBOARD PANTS AND JACKETS, JEANS, VESTS, JACKETS, FOR: PROTECTIVE EYEWEAR, NAMELY SPEC- WETSUITS, SWEATERS, PULLOVERS, COATS, TACLES, PRESCRIPTION EYEWEAR, ANTI GLARE SWEATPANTS, HEADWEAR, NAMELY, HATS, GLASSES AND SUNGLASSES AND THEIR PARTS CAPS, VISORS AND FOOTWEAR, NAMELY WET- AND ACCESSORIES, NAMELY SUIT REPLACEMENT BOOTIES, SHOES, SANDALS, ATHLETIC LENSES, FRAMES, EARSTEMS, AND NOSE PIECES; FOOTWEAR, ALL PURPOSE SPORTS FOOTWEAR, CASES SPECIALLY ADAPTED FOR SPECTACLES THONGS AND BOOTS, IN CLASS 25 (U.S. CLS. 22 AND SUNGLASSES AND THEIR AND PARTS AND AC- 39). CESSORIES: AND PROTECTIVE CLOTHING, NAMELY, RACING PANTS, IN CLASS 9 (U.S. CLS. FIRST USE 1-I-2005: IN COMMERCE , 23, 26, 36 AND 38). SN , 252, FILED FIRST USE ; IN COMMERCE RAY THOMAS, EXAMINING ATTORNEY I.1; EMIBIT PAGE 1 OF

18 Case 8:10-cv DOC -MLG Document 1 Filed 08/09/10 Page 18 of 22 Page ID #:18 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY This case has been assigned to District Judge David 0. Carter and the assigned discoveiy Magistrate Judge is Marc Goldman. The case number on all documents filed with the Court should read as follows: SACV DOC (MLGx) Pursuant to General Order of the United States District Court for the Central District of California, the Magistrate Judge has been designated to hear discovery related motions. All discovery related motions should be noticed on the calendar of the Magistrate Judge NOTICE TO COUNSEL A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is filed, a copy of this notice must be served on all plaintiffs). Subsequent documents must be filed at the following location: Ll Western Division [XI Southern Division u Eastern Division 312 N. Spring St., Rm. G West Fourth St., Rm Twelfth St., Rm. 134 Los Angeles, CA Santa Ana, CA Riverside, CA Failure to file at the proper location will result in your documents being returned to you. CV-I8 (03/06) NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY

19 Case 8:10-cv DOC -MLG Document 1 Filed 08/09/10 Page 19 of 22 Page ID #:19 AO 440 (Rev. 12/09) Summons in a Civil Action OAKLEY, INC., a Washington corporation &AO( _ataiuxy u 1 UNITED STATES DISTRICT COURT for the Central District of California es Go ev_ jp-617-1_ Plaintiff 0Oft f(wvoa v. Civil Action No. SACV1O-1203 DOC(MLGX) BHM GOLF, an unknown entity, and BRIAN H. MEYER dba BHM GOLF, an individual Defendant SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) 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 ofthe 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 plaintiff's attorney, whose name and address are: Janet Robertson Kaufman Weeks, Kaufman, Nelson & Johnson 462 Stevens Avenue, Suite 310 Solana Beach, CA If you fail to respond, judgment by default will be entered against you for the reliefdemanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: ratie NANCY Signature ofclerk or alto VQA100s

20 Case 8:10-cv DOC -MLG Document 1 Filed 08/09/10 Page 20 of 22 Page ID #:20 AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not befiled with the court unless required by Fed. R. Civ. P. 4 (0) This summons for (name ofindividual and tide, ifany) was received by me on (date) I personally served the summons on the individual at (place) on(date); or CI I left the summons at the individual's residence or usual place of abode with (name) a person of suitable age and discretion who resides there, on (date), and mailed a copy to the individual's last known address; or CI I served the summons on (name ofindividual), who is designated by law to accept service of process on behalf of (name oforganization) on(date); or CI I returned the summons unexecuted because; or CI Other (specim: My fees are for travel and for services, for a total of 0.00 I declare under penalty of perjury that this information is true. Date: Server's signature Printed name and title Server's address Additional information regarding attempted service, etc: