Case 2:16-cv-00310 Document 1 Filed in TXSD on 07/22/16 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
COASTAL RACKS, LLC,
Plaintiff,

Civil Action No. _________

v.
GRANBY TRADING COMPANY, INC.,
and
FRUGAL DOUGALS GOLF CART
ACCESSORIES, INC.,

JURY TRIAL DEMANDED

Defendants.

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Coastal Racks, LLC (Coastal Racks) states the following against
Defendants Granby Trading Company, Inc. (Granby) and Frugal Dougals Golf
Cart Accessories, Inc. (Frugal Dougal) (collectively, Defendants).
PARTIES
1.

Coastal Racks is a Texas limited liability company with a principal

place of business at 14945 Aquarius St., Corpus Christi, TX 78418-6972.

2.

Upon information and belief, Defendant Granby is a Florida limited

liability company with a principal place of business at 203 Oak Bluff Dr., Palm
Harbor, FL 34683. The registered agent listed for Granby is Peter G. Lecoq, of the
same address.
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Case 2:16-cv-00310 Document 1 Filed in TXSD on 07/22/16 Page 2 of 12

3.

Upon information and belief, Defendant Frugal Dougal is a Florida

limited liability company with a principle place of business at 303 Mariner Dr.,
Tarpon Springs, FL 34689. The registered agent listed for Frugal Dougal is David
J. Wollinka, of 1835 Health Care Dr., Trinity, FL 34655.
JURISDICTION AND VENUE
4. This is an action for patent infringement arising under the patent laws of
the United States, Title 35 of the United States Code, 271 and 281, et seq.
Accordingly, this Court has subject matter jurisdiction over this cause of action
pursuant to 28 U.S.C. 1331 and 1338(a).
5.

This Court has personal jurisdiction over Defendants because, on

information and belief, Defendants transact business in this State, have committed
tortious acts in this State, have committed a tortious act outside the State causing
injury in the State, and have derived substantial revenue or engaged in a persistent
course of conduct in the State and the claims alleged arise out of such acts, and/or
have otherwise established contacts within this State making the exercise of
personal jurisdiction proper.
6.

Venue is proper in this District under 28 U.S.C. 1391(b) and (c)

because Defendants transact business within this District and offer for sale in this
District products that infringe Coastal Racks asserted patent. In addition, venue is
proper because Coastal Racks principal place of business is in this District and

-2-

Case 2:16-cv-00310 Document 1 Filed in TXSD on 07/22/16 Page 3 of 12

Coastal Rack has suffered harm in this District. Moreover, a substantial part of the
events giving rise to Coastal Racks claims have occurred and, unless enjoined,
will continue to occur within this District.
NATURE OF THE ACTION
7.

Jorge Albert Gonzalez is a professional welder and a small business

owner who developed an ornamental ice chest (cooler) rack with integrated
fishing rod holders, for which he sought and received patent protection.
8.

U.S. Patent No. D699,476, entitled Ice Chest and Fishing Pole

Holder with Universal Attachments, (hereinafter the 476 Patent), was duly and
legally issued on February 18, 2014. A true and correct copy of the 476 Patent is
attached hereto as Exhibit A.
9.

Mr. Gonzalez owns and operates Coastal Racks.

10.

Mr. Gonzalez conveyed his rights, title, and interest in and to the 476

Patent to Coastal Racks through an assignment duly recorded in the United States
Patent and Trademark Office at Reel 038788, Frame 0828 on June 2, 2016.
11.

Coastal Racks is the owner of the entire right, title, and interest in and

to the 476 Patent, including the right to sue for past and present infringements
thereof.
12.

Upon information and belief, Peter G. Lecoq owns and operates

Granby.

-3-

Case 2:16-cv-00310 Document 1 Filed in TXSD on 07/22/16 Page 4 of 12

13.

Granby and Coastal Racks entered into an agreement on or around

May 6, 2013, whereby Granby agreed to promote and sell front-mounted cooler
racks for golf cartseither with or without fishing rod holdersmanufactured by
Coastal Racks (the distributor agreement). Evidence of the distributor agreement
is provided in Exhibit B.
14.

As part of the distributor agreement, Mr. Lecoq insisted that Coastal

Racks not affix any stickers or decals to the cooler racks that could otherwise stop
them [customers] from bypassing me/Granby Trading. See Exhibit B.
15.

Under the distributor agreement, Granby offered for sale, and sold,

Coastal Racks front-mounted cooler rack. Exhibit C provides evidence of Granby

offering the Coastal Racks product for sale.
16.

As the below side-by-side comparison reveals, the front-mounted

cooler rack sold by Granby embodies several ornamental elements of the Coastal
Racks patented design.

-4-

Case 2:16-cv-00310 Document 1 Filed in TXSD on 07/22/16 Page 5 of 12

17.

Under the distributor agreement, Granby received orders for the front-

mounted cooler rack and provided a commercial invoice to Coastal Racks. Exhibit
D provides an example invoice. After receiving an invoice from Granby, Coastal
Racks manufactured and shipped the product to the buyer.
18.

The distributor agreement did not encompass any type of cooler rack

that is not a front-mounted cooler designed to mount to the front of a vehicle.

19.

In fact, Coastal Racks does not manufacture any type of cooler rack

other than front-mounted cooler racks.

20.

Upon information and belief, Granby has sold front-mounted cooler

racks without invoicing or providing any remuneration to Coastal Racks.

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Case 2:16-cv-00310 Document 1 Filed in TXSD on 07/22/16 Page 6 of 12

21.

By diverting legitimate sales from Coastal Racks, Frugal Dougal has

tortuously interfered with business relations of Coastal Racks.

22.

Upon information and belief, Granby has caused front-mounted cooler

racks to be manufactured by an entity other than Coastal Racks.

23.

Frugal Dougal has offered for sale, and continues to offer for sale, a

front-mounted cooler rack, as shown in Exhibit E.

24.

As the below side-by-side comparison reveals, the front-mounted

cooler rack sold by Frugal Dougal embodies several ornamental elements of the
Coastal Racks patented design.

25.

Upon information and belief, Frugal Dougal has sold front-mounted

cooler racks without invoicing or providing any remuneration to Coastal Racks.

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Case 2:16-cv-00310 Document 1 Filed in TXSD on 07/22/16 Page 7 of 12

26.

By diverting legitimate sales from Coastal Racks, Frugal Dougal has

tortuously interfered with business relations of Coastal Racks.

27.

Upon information and belief, Frugal Dougal has caused front-

mounted cooler racks to be manufactured by an entity other than Coastal Racks.

28.

Frugal Dougal has offered for sale, and continues to offer for sale, a

hitch-mounted cooler rack, as shown in Exhibit F.

29.

As the below side-by-side comparison reveals, the hitch-mounted

cooler rack sold by Frugal Dougal embodies several ornamental elements of the
Coastal Racks patented design.

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Case 2:16-cv-00310 Document 1 Filed in TXSD on 07/22/16 Page 8 of 12

30.

Upon information and belief, Frugal Dougal has sold the hitch-

mounted cooler rack shown in Exhibit F and has caused the hitch-mounted cooler
rack to be manufactured by an entity other than Coastal Racks.
FIRST CLAIM FOR RELIEF
(Infringement of the 476 Patent)
31.

Coastal Racks repeats and incorporates by reference the allegations in

the preceding paragraphs.

32.

Defendants have infringed and continue to infringe the 476 Patent in

this judicial district, and elsewhere in the United States.

33.

Granbys infringement includes, without limitation, making, using,

selling, and/or offering to sell in the United States, and/or importing into the
United States, the front-mount cooler rack product identified in this Complaint,
which embodies the design covered by the 476 Patent.
34.

Frugal Dougals infringement includes, without limitation, making,

using, selling, and/or offering to sell in the United States, and/or importing into the
United States, the front-mount cooler rack and hitch-mount cooler rack products
identified in this Complaint, which embody the design covered by the 476 Patent.
35.

Defendants infringing activities have been without an express or

implied license from Coastal Racks.

-8-

Case 2:16-cv-00310 Document 1 Filed in TXSD on 07/22/16 Page 9 of 12

SECOND CLAIM FOR RELIEF

(Breach of Contract)
36.

Coastal Racks repeats and incorporates by reference the allegations in

the preceding paragraphs.

37.

Defendant Granby entered into a distributor agreement with Coastal

Racks.
38.

Coastal Racks has performed all aspects of its duties pursuant to that

agreement, including manufacturing and shipping products to customers.

39.

Granby breached the agreement by advertising a Coastal Racks

product but having the product manufactured by an entity other than Coastal
Racks, without providing remuneration to Coastal Racks.
40.

Coastal Racks has suffered damages as a result of Granbys breach.

THIRD CLAIM FOR RELIEF
(Tortious Interference with Business Relations)

41.

Coastal Racks repeats and incorporates by reference the allegations in

the preceding paragraphs.

42.

Defendants Granby and Frugal Dougal each know of, and

intentionally interfered with, actual and prospective business relations of Coastal

Racks.
43.

Defendants conduct was independently tortious or unlawful.

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Case 2:16-cv-00310 Document 1 Filed in TXSD on 07/22/16 Page 10 of 12

44.

Defendants conduct proximately caused injury to Coastal Racks in

the form of financial damage from lost business.

45.

Coastal Racks suffered actual damages as a result of the lost business

proximately caused by Defendants conduct.

PRAYER FOR RELIEF
Coastal Racks therefore requests:
46.

A judgment in favor of Plaintiff Coastal Racks that Defendants have

infringed the 476 Patent; that Granby has breached a contract between it and
Coastal Racks; and that Defendants have tortuously interfered with Coastal Racks
business relations;
47.

A temporary, preliminary, and permanent injunction enjoining

Defendants and their officers, directors, agents, servants, affiliates, employees,

divisions, branches, subsidiaries, parents, and all others acting in concert therewith
from infringement, including directly or indirectly infringing, or inducing or
contributing to the infringement by others of the asserted patent;
48.

A judgment and order requiring Defendants to pay Coastal Racks its

damages, costs, expenses, and prejudgment and post-judgment interest for

Defendants infringement of the asserted patent as provided under 35 U.S.C. 284;

-10-

Case 2:16-cv-00310 Document 1 Filed in TXSD on 07/22/16 Page 11 of 12

49.

A judgment and order declaring that this is an exceptional case within

the meaning of 35 U.S.C. 285 and awarding to Coastal Racks its reasonable
attorneys fees and other expenses incurred in connection with this action;
50.

A judgment and order requiring Granby to pay Coastal Racks

damages resulting from the breach of contract;

51.

A judgment and order requiring Defendants to pay Coastal Racks

damages resulting from tortious interference with business relations; and

52.

Any and all other relief as this Court may deem just and proper be

awarded to Coastal Racks.

JURY TRIAL DEMAND
Plaintiff respectfully demands a trial by jury on all claims and issues so
triable.

Date: July 18, 2016

Respectfully submitted,
/s/ Armon Shahdadi
Armon Shahdadi, attorney-in-charge
Georgia Bar No. 940688
Benjamin D. Bailey
Georgia Bar No. 117201
Brannon C. McKay
Georgia Bar No. 558603
Clayton, McKay & Bailey, PC
1155 Mt. Vernon Hwy.
Suite 800
Atlanta, GA 30338
Telephone: 404-353-1628
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Case 2:16-cv-00310 Document 1 Filed in TXSD on 07/22/16 Page 12 of 12

Facsimile: 404-704-0670
armon@cmblaw.com
ben@cmblaw.com
brannon@cmblaw.com

/s/ Jeffrey J. Lehrman

Jeffrey Lehrman
Texas Bar No. 24075490
Federal Admission No. 1130525
Anderson, Lehrman, Barre, & Maraist LLP
Gaslight Square
1001 Third St, Suite 1
Corpus Christi, TX 78404
Telephone: 361-884-4981
Facsimile: 361-884-9618
Email: jlehrman@albmlaw.com
Attorneys for Plaintiff Coastal Racks, LLC

-12-

Case 2:16-cv-00310 Document 1-1 Filed in TXSD on 07/22/16 Page 1 of 5

EXHIBIT A

Case 2:16-cv-00310 Document 1-1 Filed in TXSD on 07/22/16 Page 2 of 5

Case 2:16-cv-00310 Document 1-1 Filed in TXSD on 07/22/16 Page 3 of 5

Case 2:16-cv-00310 Document 1-1 Filed in TXSD on 07/22/16 Page 4 of 5

Case 2:16-cv-00310 Document 1-1 Filed in TXSD on 07/22/16 Page 5 of 5

Case 2:16-cv-00310 Document 1-2 Filed in TXSD on 07/22/16 Page 1 of 8

EXHIBIT B

Case 2:16-cv-00310 Document 1-2 Filed in TXSD on 07/22/16 Page 2 of 8

From: "Peter Lecoq" <coolertray@tampabay.rr.com>
Date: May 6, 2013 at 7:05:27 AM CDT
To: "Albert Gonzalez" <coastalracks@gmail.com>
Subject: Re: Photos for Coastal Racks LLC
Albert:
The photos are great, but I have a problem with your www.coastalracks.com sticker/decal on the
cooler. Why? As I introduce your product to all my contacts, what is to stop them from
bypassing me/Granby Trading and going directly to www.coastalracks.com? If they go directly
to your Website, I don't get compensated for my efforts, and after being in this business for 25
years, when it comes to new products I can assure you that 90% of the work is selling the
product, NOT making it!
Give me a phone call at your convenience, as we need to dicuss/resolve all aspects of this issue
before I proceed with promoting/selling your product. Needless to say, you can understand that I
don't want to put a whole lot of effort into making you successful, an not myself as well.
Best,
Peter

----- Original Message ----- From: "Albert Gonzalez" <coastalracks@gmail.com>

To: "Peter Lecoq" <coolertray@tampabay.rr.com>
Sent: Sunday, May 05, 2013 4:22 PM
Subject: Photos for Coastal Racks LLC

--------------------------------------------------------------------------------

--------------------------------------------------------------------------------

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Case 2:16-cv-00310 Document 1-3 Filed in TXSD on 07/22/16 Page 1 of 4

EXHIBIT C

Brush Guard Cooler

1 of 3

http://www.granbytrading.com/product/g24.4

Case 2:16-cv-00310 Document 1-3 Filed in TXSD on 07/22/16 Page 2 of 4

Home
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Brush Guard Cooler

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A golf cart front rack

mounted to a brush
guard designed for a 25
quart marine Igloo
cooler. It fits on all golf
carts with a brush guard.
--The rack is made of
Schedule 40 aluminum
pipe that has been
powder coated with a
black texture.
--Rust proof.
--The rack holds a large
Click to enlarge image(s)
25 quart marine Igloo
cooler. The cooler comes in white only.
--The inside cooler dimensions are 16 3/4 L x 9 1/4 W x 11" D.
--Attaches to the brush guard with two stainless steel 3/8" bolts with nuts and
washers (are provided). It is necessary to drill holes into the brush guard.
--Four fishing rod holders may be added to the front of the rack. The holders are
welded to the rack. They may also be used for tools.
--The rack extends approximately 18" beyond the golf cart cowl.
--The rack comes assembled and ready to install.
--Includes all hardware and installation instructions.
One year warranty on the cooler.

Made in the USA.

Below is a picture of the rack with the welded fishing rod holders and a picture of
the back side of the rack with the cooler.

7/11/2016 9:55 AM

Brush Guard Cooler

2 of 3

http://www.granbytrading.com/product/g24.4

Case 2:16-cv-00310 Document 1-3 Filed in TXSD on 07/22/16 Page 3 of 4

Specials

Made in the USA.

SKU g24.4
Qty 1

Copyright Granby Trading Co., Inc.

203 Oak Bluff Dr.
Palm Harbor, FL 34683

7/11/2016 9:55 AM

Brush Guard Cooler

3 of 3

http://www.granbytrading.com/product/g24.4

Case 2:16-cv-00310 Document 1-3 Filed in TXSD on 07/22/16 Page 4 of 4

coolertray@tampabay.rr.com
727-934-9426
Cell: 727-667-3287
FAX: 305-768-0150

7/11/2016 9:55 AM

Case 2:16-cv-00310 Document 1-4 Filed in TXSD on 07/22/16 Page 1 of 2

EXHIBIT D

Case 2:16-cv-00310 Document 1-4 Filed in TXSD on 07/22/16 Page 2 of 2

Case 2:16-cv-00310 Document 1-5 Filed in TXSD on 07/22/16 Page 1 of 3

EXHIBIT E

Golf Cart Parts/Accessories - Yamaha, E-Z-GO, Club Cars

1 of 2

http://www.frugaldougalsgolf.com/product/x24.4#.V3LfcjXJOm4

Case 2:16-cv-00310 Document 1-5 Filed in TXSD on 07/22/16 Page 2 of 3

Home

Cooler on Front Brush Guard

Tops & Canopies Rear Seat Kits Windshields Garage Floor Mats Radio & Console Club Rain Protector

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An extra large 25 quart cooler mounted on a golf cart front brush guard. Easily removable to carry to the camp site or beach.
--Fits all golf cart brush guards.
--Made of Schedule 40 aluminum piping that ensures a rust proof rack. The rack is powder coated with a black color.
--The rack is attached to the brush guard with two 3/8" stainless steel bolts and tightened with nuts and washers. All hardware in
included.
--The drilling of two holes is required.
--The cooler is made by Igloo, and its inside measurements are 9 1/4 wide x 16 3/4 long x 11" deep. It comes in white only.
--The cooler rack extends approximately 18" from the cowl.
--Comes assembled and ready to install. Includes all hardware and installation instructions.
--Optionally, four fishing rod holders can be added to the front of the rack. These are welded to the rack. Can also be used to carry tools.

Items:

Subtotal:

$0.00

Click to enlarge image(s)

Note: All prices in US Dollars

One year warranty on the cooler.

Below are pictures of the rack and of the back side of the cooler and rack.
Fold Down Aluminum Rear Seat Kit
Price $449.95
Sale Price $389.00
More info

Garage Floor Mat - Diamond Plate Design

Price $99.00
More info

Radio Stereo Sound System & Console

Price $395.00
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Made in the USA.

SKU x24.4
Add set of 4 fishing rod holders

Solar Panel as the Golf Cart Top, 235 watts

Price $1,995.00

Price $244.95

Sale Price $1,450.00

Qty 1

More info

A BO UT T RUS T O NL I NE

Email A Friend

100% Secure Shopping!

Frugal Dougal's Golf Cart Accessories is certified in the State of Florida as a Minority, Women, & Service-Disabled Veteran owned company in the category of woman
owned, effective September 21, 2010.

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Home About Us Contact Us Shipping Privacy Policy

Online since October 24th, 2007

6/28/2016 4:35 PM

Golf Cart Parts/Accessories - Yamaha, E-Z-GO, Club Cars

2 of 2

http://www.frugaldougalsgolf.com/product/x24.4#.V3LfcjXJOm4

Case 2:16-cv-00310 Document 1-5 Filed in TXSD on 07/22/16 Page 3 of 3

Copyright Frugal Dougal's Golf Cart Accessories, Tarpon Springs, Florida
service@frugaldougalsgolf.com
Customer Service: 727-487-6615

6/28/2016 4:35 PM

Case 2:16-cv-00310 Document 1-6 Filed in TXSD on 07/22/16 Page 1 of 3

EXHIBIT F

Golf Cart Parts/Accessories - Yamaha, E-Z-GO, Club Cars

1 of 2

http://www.frugaldougalsgolf.com/product/x24.5#.V3LfpzXJOm4

Case 2:16-cv-00310 Document 1-6 Filed in TXSD on 07/22/16 Page 2 of 3

Home

Fishing Rack and Cooler

Tops & Canopies Rear Seat Kits Windshields Garage Floor Mats Radio & Console Club Rain Protector
Like

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An extra large cooler in a rack with fishing pole holders mounted on tailer or front golf cart hitch..
--Fits on a standard 2" trailer or front hitch. You can find these on our hitch page.
--The rack can be purchased alone or with the cooler.
--Made out of aluminum to prevent rust.
--Is powder-coated black.
--Rack includes 4 fishing rod holders.
--No drilling required.
--Cooler comes in red or blue.
--The cooler size is an extra large 50 qt.
--The rack outside dimensions are 30" x 17" x 12.5".
--Rack weighs 20 lbs and cooler weighs 10 lbs.

Items:

Subtotal:

$0.00

Click to enlarge image(s)

Note: All prices in US Dollars

100% satisfaction guaranteed. Made in the USA.

Fold Down Aluminum Rear Seat Kit
Price $449.95
Sale Price $389.00
More info

SKU x24.5
Rack with the cooler
Choose cooler color
Price $269.00
Qty 1

Garage Floor Mat - Diamond Plate Design

Price $99.00
More info
A BO UT T RUS T O NL I NE

Email A Friend

100% Secure Shopping!

Frugal Dougal's Golf Cart Accessories is certified in the State of Florida as a Minority, Women, & Service-Disabled Veteran owned company in the category of woman
owned, effective September 21, 2010.

Radio Stereo Sound System & Console

Price $395.00
More info

Like

Share 29 people like this.

Solar Panel as the Golf Cart Top, 235 watts

Price $1,995.00
Sale Price $1,450.00
More info

Home About Us Contact Us Shipping Privacy Policy

Online since October 24th, 2007

6/28/2016 4:36 PM

Golf Cart Parts/Accessories - Yamaha, E-Z-GO, Club Cars

2 of 2

http://www.frugaldougalsgolf.com/product/x24.5#.V3LfpzXJOm4

Case 2:16-cv-00310 Document 1-6 Filed in TXSD on 07/22/16 Page 3 of 3

Copyright Frugal Dougal's Golf Cart Accessories, Tarpon Springs, Florida
service@frugaldougalsgolf.com
Customer Service: 727-487-6615

6/28/2016 4:36 PM

JS 44 (Rev. 11/15)

Case 2:16-cv-00310 Document 1-7 Filed in TXSD on 07/22/16 Page 1 of 3

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

COASTAL RACKS, LLC

GRANBY TRADING COMPANY, INC., and

FRUGAL DOUGAL'S GOLF CART ACCESSORIES, INC.
Pinellas County, FL
County of Residence of First Listed Defendant

Nueces County, TX

(b) County of Residence of First Listed Plaintiff

(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

See attachment

II. BASIS OF JURISDICTION (Place an X in One Box Only)

1

U.S. Government
Plaintiff

Federal Question
(U.S. Government Not a Party)

U.S. Government
Defendant

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only)
PTF
Citizen of This State
1

DEF
1

and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

Citizen of Another State

Incorporated and Principal Place

of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

625 Drug Related Seizure

of Property 21 USC 881
690 Other

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

OTHER STATUTES
375 False Claims Act
376 Qui Tam (31 USC
3729(a))
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

V. ORIGIN (Place an X in One Box Only)

1 Original
Proceeding

2 Removed from
State Court

Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District
(specify)

6 Multidistrict
Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

35 USC 271, 281

VI. CAUSE OF ACTION Brief description of cause:

Patent infringement

CHECK IF THIS IS A CLASS ACTION

VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:

Yes
No
JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/Armon Shahdadi/

07/06/2016
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

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MAG. JUDGE

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Case 2:16-cv-00310 Document 1-7 Filed in TXSD on 07/22/16 Page 2 of 3

JS 44 Reverse (Rev. 11/15)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)

(b)

(c)

Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II.

Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III.

Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV.

Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.

V.

Origin. Place an "X" in one of the six boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.

VI.

Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII.

Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

Case 2:16-cv-00310 Document 1-7 Filed in TXSD on 07/22/16 Page 3 of 3

Attachment to Civil Cover Sheet

Attorneys:
Armon Shahdadi, attorney-in-charge
Georgia Bar No. 940688
Benjamin D. Bailey
Georgia Bar No. 117201
Brannon C. McKay
Georgia Bar No. 558603
Clayton, McKay & Bailey, PC
1155 Mt. Vernon Hwy.
Suite 800
Atlanta, GA 30338
404-353-1628 (ph.)
404-704-0670 (fax)
armon@cmblaw.com
ben@cmblaw.com
brannon@cmblaw.com
Jeffrey Lehrman
Texas Bar No. 24075490
Federal Admission No. 1130525
Anderson, Lehrman, Barre, & Maraist LLP
Gaslight Square
1001 Third St, Suite 1
Corpus Christi, TX 78404
Telephone: 361-884-4981
Facsimile: 361-884-9618
Email: jlehrman@albmlaw.com
Attorneys for Plaintiff Coastal Racks

Case 2:16-cv-00310 Document 1-8 Filed in TXSD on 07/22/16 Page 1 of 1

AO 120 (Rev. 08/10)

REPORT ON THE
FILING OR DETERMINATION OF AN
ACTION REGARDING A PATENT OR
TRADEMARK

Mail Stop 8
Director of the U.S. Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450

TO:

In Compliance with 35 U.S.C. 290 and/or 15 U.S.C. 1116 you are hereby advised that a court action has been
for the Southern District of Texas, Corpus Christi Division
filed in the U.S. District Court
on the following

G Trademarks or

G Patents.

DOCKET NO.

the patent action involves 35 U.S.C. 292.):

DATE FILED

U.S. DISTRICT COURT

for the Southern District of Texas, Corpus Christi Division

PLAINTIFF

DEFENDANT

COASTAL RACKS, LLC

PATENT OR
TRADEMARK NO.
1 D699,476

GRANBY TRADING COMPANY, INC., and

FRUGAL DOUGALS GOLF CART ACCESSORIES, INC.

DATE OF PATENT
OR TRADEMARK

2/18/2014

HOLDER OF PATENT OR TRADEMARK

Coastal Racks, LLC

2
3
4
5

In the aboveentitled case, the following patent(s)/ trademark(s) have been included:
DATE INCLUDED

INCLUDED BY

PATENT OR
TRADEMARK NO.

Amendment
DATE OF PATENT
OR TRADEMARK

Answer

Cross Bill

Other Pleading

HOLDER OF PATENT OR TRADEMARK

1
2
3
4
5

In the aboveentitled case, the following decision has been rendered or judgement issued:
DECISION/JUDGEMENT

CLERK

(BY) DEPUTY CLERK

DATE

Copy 1Upon initiation of action, mail this copy to Director Copy 3Upon termination of action, mail this copy to Director
Copy 2Upon filing document adding patent(s), mail this copy to Director Copy 4Case file copy

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