Traxxas v. Vertical Partners West - Complaint

Case 2:18-cv-00385 Document 1 Filed 08/31/18 Page 1 of 11 PageID #: 1
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
TRAXXAS, L.P., §
§
Plaintiff, §
§ Civil Action No. 2:18-cv-385
v. §
§ JURY TRIAL DEMANDED
VERTICAL PARTNERS WEST, LLC §
dba VENOM POWER, §
§
Defendant. §
ORIGINAL COMPLAINT FOR FALSE ADVERTISING, UNFAIR COMPETITION,

PATENT INFRINGEMENT, AND UNJUST ENRICHMENT
COMES NOW Plaintiff Traxxas, L.P. and files this Complaint for False Advertising,
Unfair Competition, Patent Infringement, and Unjust Enrichment against Defendant Vertical
Partners West, LLC dba Venom Power, alleging as follows:
I. NATURE OF THE SUIT
1. This is a claim for false advertising and unfair competition arising under the
Lanham Act, 15 U.S.C. § 1051 et seq., patent infringement arising under the United States patent
laws, 35 U.S.C. § 101 et seq., and related claims for unfair competition and unjust enrichment
under Texas common law.
II. THE PARTIES
2. Plaintiff Traxxas, L.P. (“Traxxas”) is a Texas limited partnership that maintains
its principal place of business in McKinney, Texas.

3. Defendant Vertical Partners West, LLC dba Venom Power (“Venom Power”)
is an Idaho limited liability company having a principal place of business in Rathdrum, Idaho.
III. JURISDICTION AND VENUE
4. Pursuant to 15 U.S.C. § 1121(a) and 28 U.S.C. §§ 1331 and 1338(a), this Court
has subject matter jurisdiction over the federal false advertising and unfair competition claims
because those claims arise under the Lanham Act, 15 U.S.C. § 1051 et seq., and over the patent
infringement claims because those claims arise under the United States patent laws, 35 U.S.C.
§ 101 et seq.
5. Pursuant to 28 U.S.C. § 1367(a), this Court has subject matter jurisdiction over
the state unfair competition and unjust enrichment claims because those claims arise from the
same nucleus of operative facts as the federal false advertising, unfair competition, and patent
infringement claims.
6. This Court has specific personal jurisdiction over Venom Power pursuant to due
process and the Texas Long Arm Statute because Venom Power, directly or through
intermediaries, has conducted and does conduct substantial business in this forum, such
substantial business including but not limited to: (i) at least a portion of the activities complained
of herein; (ii) purposefully and voluntarily placing one or more Venom Accused Products into
the stream of commerce with the expectation that they will be purchased by consumers in this
forum; or (iii) regularly doing or soliciting business, engaging in other persistent courses of
conduct, or deriving substantial revenue from goods and services provided to individuals in
Texas and in this District.
7. Venue is proper in this Court under 28 U.S.C. §§ 1391(b)-(d) for the reasons set
forth above. Furthermore, venue is proper because Venom Power, directly or through
Original Complaint Page 2

intermediaries, sells and offers to sell Venom Accused Products to persons in this District, as
discussed below. Each of Venom Power’s acts complained of herein occurring in this District
gives rise to proper venue.
IV. BACKGROUND
A. Traxxas and Its Traxxas iD® System
8. The business Traxxas operates was started in 1986 and has grown to become the
number-one selling name in Ready-To-Run nitro and electric model vehicles in the United
States.
9. Traxxas takes the safety of its customers seriously and has invested millions of
dollars into its products and technology in its quest to have not only the best, but also the safest
products on the market.
10. In 2014, Traxxas launched its Traxxas iD® power cell battery and charger
system.
11. In addition to performance benefits, the Traxxas iD® system includes important
safety features such as:
a. auto battery identification that automatically configures and optimizes the
charge settings for Traxxas iD® batteries, eliminating complicated charger
programming that, if done wrong, is a fire risk;
b. safety keying that prevents plugging a Lithium Polymer battery into a
NiMH only charger, which is a fire risk; and
c. integrated balancing wires that eliminate the need for both external
balance boards and fragile balance wires and connectors.

B. The Asserted Patent
12. A true and correct copy of United States Patent No. D743,339 (the “’339 Patent”),
entitled “Female Electrical Connector,” is attached hereto as Exhibit A.
13. Traxxas is the current owner by assignment of all rights, title, and interest in and
under the ’339 Patent, which duly and legally issued on November 17, 2015, with Casey
Christen Jens Christensen, Kent Poteet, and Otto Karl Allmendinger as the named inventors.
Traxxas has standing to sue for infringement of the ’339 Patent.
14. At all times, each and every patentee of the ’339 Patent, and each and every
person making, offering for sale, or selling within the United States, or importing into the United
States, any patented article for or under the ’339 Patent, has complied with the marking
requirements set forth in 35 U.S.C. § 287.
C. Venom Power and Its Products
15. Venom Power, directly or through intermediaries, makes, uses, sells, offers for
sale, distributes, and advertises within the United States, or imports into the United States,
certain rechargeable batteries, battery chargers, battery connectors, and components thereof
(collectively the “Venom Accused Products”), including Venom Power part numbers 1525-7,
1526-7, 1527-7, 1532, 1532-7, 1540, 1544, 1546, 1546-7, 1547, 1548, 1548-7, 1552, 1553, 1554,
1555, 1557, 1558, 1577, 1580, 1581, 1582, 15008, 15009, 15022, 15023, 15024, 15026, 15027,
15031, 15056, 15057, 15058, 15059, 15080, 15084, 15085, 15086, 15091, 15093, 15094, 15107,
15108, 15112, 15113, 15128, 15129, 15149, 15173, and 15189, and any reasonably similar
products that include the UNI Plug System.

16. In connection with its products that include the UNI Plug System 2.0, Venom
Power uses in interstate commerce the description or representation of fact that the UNI Plug
System 2.0 is “Traxxas® ID® Compatible.”
17. For example, the commercial advertising or promotional web page located
at https://www.venompower.com/collections/venom-drive-batteries (attached as Exhibit B) states
that the UNI Plug System 2.0 is “Traxxas® ID® Compatible.”
18. Although the UNI Plug System 2.0 allows a user to connect a Venom Power
battery to a Traxxas iD® charger, the UNI Plug System 2.0 does not contain auto battery
identification, safety keying, or integrated balancing wires.
19. Venom Power’s description or representation of fact that the UNI Plug System
2.0 is “Traxxas® ID® Compatible” is, thus, false or misleading.
20. Venom Power’s description or representation of fact in commercial advertising or
promotion that the UNI Plug System 2.0 is “Traxxas® ID® Compatible” misrepresents the
nature, characteristics, or qualities of Venom Power’s products that include the UNI Plug System
2.0.
21. Venom Power’s claim that the UNI Plug System 2.0 is “Traxxas® ID®
Compatible” not only misleads the public; it endangers the public because the UNI Plug System
2.0 circumvents several of the safety precautions of the Traxxas iD® system.
22. On August 24, 2018, Traxxas issued via email a Consumer Safety Alert (attached
as Exhibit C) and a Dealer Safety Alert (attached as Exhibit D) warning consumers and dealers
about the fire risks associated with using the Venom UNI Plug 2.0 system with Traxxas
products.

23. An ordinary observer comparing the two designs in the context of the prior art
would think that the design of the Venom Accused Product component depicted below is
substantially the same as the design claimed by the ’339 Patent:
’339 Patent Venom Accused Products
24. Venom Power’s false or misleading claim that the UNI Plug System 2.0 is
“Traxxas® ID® Compatible” and Venom Power’s colorable imitation of the design claimed by
the ’339 Patent enable Venom Power to trade on and receive the benefit of goodwill built up at
great labor and expense by Traxxas over many years, and to gain acceptance for its products not
solely on their own merits, but on the reputation and goodwill of Traxxas and its products.
25. Venom Power’s false or misleading claim that the UNI Plug System 2.0 is
“Traxxas® ID® Compatible” and Venom Power’s colorable imitation of the design claimed by
the ’339 Patent unjustly enrich Venom Power at Traxxas’ expense. Venom Power has been and
continues to be unjustly enriched, obtaining a benefit from Traxxas by taking undue advantage of
Traxxas and its goodwill.
26. Specifically, Venom Power has taken unfair advantage of Traxxas by trading on
and profiting from the goodwill in the Traxxas iD® system and the design claimed by the ’339
Patent, which both were developed and are owned by Traxxas, resulting in Venom Power
wrongfully obtaining a monetary and reputational benefit for its own business and products.

27. Unless these acts of Venom Power are restrained by this Court, these acts will
continue and will continue to cause irreparable injury to Traxxas and to the public for which
there is no adequate remedy at law.
28. On August 17, 2018, Traxxas provided Venom Power with written notice of its
Lanham Act and patent claims.
V. CLAIMS
A. Federal False Advertising and Unfair Competition
29. Traxxas repeats and incorporates by reference the allegations of the foregoing
paragraphs as if fully set forth herein.
30. Venom Power’s acts complained of herein constitute false advertising and unfair
competition in violation of 15 U.S.C. § 1125(a).
B. Texas Unfair Competition
32. Venom Power’s acts complained of herein constitute unfair competition in
violation of Texas state common law.
C. Infringement of the ’339 Patent
34. The Venom Accused Products are covered by the claim of the ’339 Patent.
35. Venom Power has directly infringed and continues to infringe the claim of the
’339 Patent in violation of 35 U.S.C. § 271(a) by, directly or through intermediaries and without

Traxxas’ authority, making, using, selling, or offering to sell Venom Accused Products in the
United States, or importing Venom Accused Products into the United States.
D. Texas Unjust Enrichment
37. Venom Power’s acts complained of herein constitute unjust enrichment of Venom
Power at Traxxas’ expense in violation of Texas state common law.
VI. DAMAGES
39. Venom Power’s acts complained of herein have damaged Traxxas in an amount to
be proven at trial, but no less than Venom Power’s profits under 15 U.S.C. § 1117(a) and 35
U.S.C. § 289.
40. Venom Power’s acts complained of herein have been deliberate, willful,
intentional, or in bad faith, with intent to trade on Traxxas’ goodwill in its products or to harm
the reputation of Traxxas. In view of the egregious nature of Venom Power’s acts, this is an
exceptional case within the meaning of 15 U.S.C. § 1117(a) and 35 U.S.C. § 285.
VII. PRAYER FOR RELIEF
Traxxas respectfully requests the following relief:
a. A judgment in favor of Traxxas that Venom Power has falsely advertised and
unfairly competed with Traxxas under the Lanham Act, as described herein;
b. A judgment in favor of Traxxas that Venom Power has unfairly competed with
Traxxas under Texas state common law, as described herein;

c. A judgment in favor of Traxxas that Venom Power has directly infringed the ’339
Patent, as described herein;
d. A judgment in favor of Traxxas that Venom Power has been unjustly enriched at
Traxxas’ expense under Texas state common law, as described herein;
e. A permanent injunction:
(1) enjoining Venom Power, its officers, directors, agents, subsidiaries,
employees, successors, and assigns, and all persons acting in privity,
concert, or participation with it, from representing, suggesting, or
implying that any Venom Power product is compatible or suitable for use
with the Traxxas iD® system;
(2) requiring Venom Power, its officers, directors, agents, subsidiaries,
concert, or participation with it, to destroy all signage, advertisements,
commercials, Internet postings and advertisements, and any other material
representing, suggesting, or implying that any Venom Power product is
compatible or suitable for use with the Traxxas iD® system;
(3) enjoining Venom Power, its officers, directors, agents, subsidiaries,
concert, or participation with it, from making, using, selling, or offering to
sell within the United States, or importing into the United States, any
article applying the design claimed by the ’339 Patent or any colorable
imitation thereof;

(4) requiring Venom Power, its officers, directors, agents, subsidiaries,
concert, or participation with it, to destroy all products applying the design
claimed by the ’339 Patent or any colorable imitation thereof, as well as
all signage, advertisements, commercials, Internet postings and
advertisements, and any other material applying the design claimed by the
’339 Patent or any colorable imitation thereof; and
(5) requiring Venom Power to file with this Court and to serve upon Traxxas,
within thirty days after the entry and service on Venom Power of the
injunction, a report in writing and under oath setting forth in detail the
manner and form in which Venom Power has complied with the
injunction;
f. A judgment and order directing an accounting to determine Venom Power’s
profits resulting from the activities complained of herein, including Venom Power’s profits for
any continuing post-verdict or post-judgment activities, and that such profits be paid over to
Traxxas, increased as the Court finds to be just under the circumstances of this case;
g. A judgment and order requiring Venom Power to pay Traxxas its damages
sustained as a result of Venom Power’s activities described herein, including supplemental
damages for any continuing post-verdict or post-judgment activities with an accounting as
needed, and that such damages be trebled;
h. A judgment and order requiring Venom Power to pay Traxxas its costs, expenses,
and pre-judgment and post-judgment interest;

i. A judgment and order requiring Venom Power to pay Traxxas its reasonable
attorneys’ fees; and
j. Such other and further relief as the Court deems just and proper.
VIII. JURY DEMAND
Pursuant to Federal Rule of Civil Procedure 38(b), Traxxas requests a jury trial of all
issues triable of right by a jury.
Dated: August 31, 2018 Respectfully submitted,
By: /s/ William E. Davis, III

William E. Davis, III
Texas State Bar No. 24047416
bdavis@bdavisfirm.com
Debra Coleman
Texas State Bar No. 24059595
dcoleman@bdavisfirm.com
The Davis Firm, PC
213 N. Fredonia Street, Suite 230
Longview, Texas 75601
Telephone: (903) 230-9090
Facsimile: (903) 230-9661
Counsel for Plaintiff Traxxas, L.P.

Case 2:18-cv-00385 Document 1-1 Filed 08/31/18 Page 1 of 15 PageID #: 12
Exhibit A
111111 1111111111111111111111111111111111111111111111111111111111111
USOOD743339S
c12) United States Design Patent (10) Patent No.: US D743,339 S

Christensen et al. (45) Date of Patent: ** Nov. 17, 2015
(54) FEMALE ELECTRICAL CONNECTOR (57) CLAIM

We claim the ornamental design for a female electrical con-
(71) Applicant: TRAXXAS LP, McKinney, TX (US) nector, as shown and described.
(72) Inventors: Casey Christen Jens Christensen,

McKinney, TX (US); Kent Poteet, DESCRIPTION
Lucas, TX (US); Otto Karl
FIG.1 is a, top, right, front perspective view of a first embodi-
Allmendinger, Rowlett, TX (US)
ment of a female electrical connector;
FIG. 2 is a bottom, left, rear perspective view thereof;
(73) Assignee: TRAXXAS LP, McKinney, TX (US)
FIG. 3 is a top, left, rear perspective view therefor;
(**) Term: 14 Years FIG. 4 is a bottom. right, front perspective view therefor;
FIG. 5 is a top plan view thereof;
(21) Appl. No.: 29/497,276 FIG. 6 is a bottom plan view thereof;
FIG. 7 is a front elevation view thereof;
(22) Filed: Jul. 22, 2014 FIG. 8 is a rear elevation view thereof;
FIG. 9 is a left side elevation view thereof;
FIG. 10 is a right side elevation view thereof;
(51) LOC (10) Cl. ................................................ 13-03 FIG. 11 is a, top, right, front perspective view of a second
(52) U.S. Cl. embodiment of a female electrical connector;
USPC . ... ... ... .. ... ... ... ... ... .. ... ... ... ... ... .. ... ... ... .. D13/133 FIG. 12 is a bottom, left, rear perspective view thereof;
(58) Field of Classification Search FIG. 13 is a top, left, rear perspective view therefor;
USPC ........ D13/110, 118-120, 123, 133, 146, 147, FIG. 14 is a bottom. right, front perspective view therefor;
D13/149, 154, 184, 199 FIG. 15 is a top plan view thereof;
CPC ........ HOlR 13/00; HOlR 13/15; HOlR 13/44; FIG. 16 is a bottom plan view thereof;
HOlR 13/64; HOlR 13/642; HOlR 24/00; FIG. 17 is a front elevation view thereof;
HOlR 25/00 FIG. 18 is a rear elevation view thereof;
See application file for complete search history. FIG. 19 is a left side elevation view thereof;
FIG. 20 is a right side elevation view thereof;
(56) References Cited FIG. 21 is a, top, right, front perspective view of a third
embodiment of a female electrical connector;
U.S. PATENT DOCUMENTS
FIG. 22 is a bottom, left, rear perspective view thereof;
D179,946 s * 3/1957 Kerr ............................. D13/110 FIG. 23 is a top, left, rear perspective view therefor;
D494,933 s * 8/2004 Lu ................................ D13/133 FIG. 24 is a bottom. right, front perspective view therefor;
D552,560 s * 10/2007 Victor .......................... D13/133 FIG. 25 is a top plan view thereof;
7,374,460 B1* 5/2008 Hariharesan . H01R 13/187 FIG. 26 is a bottom plan view thereof;
439/679 FIG. 27 is a front elevation view thereof;
D573,536 s * 7/2008 Hariharesan ................. D13/133
D576,557 s * 9/2008 Hariharesan ................. D13/133 FIG. 28 is a rear elevation view thereof;
D577,671 s * 9/2008 Schnitzler .................... D13/133 FIG. 29 is a left side elevation view thereof; and,
D589,881 s * 4/2009 Kok ............................. D13/133 FIG. 30 is a right side elevation view thereof.
(Continued) The broken line portion of the figure drawings is included to
show portions of the article that form no part of the claimed
Primary Examiner- Thomas Johannes design.
Assistant Examiner- Shawn T Gingrich
(74) Attorney, Agent, or Firm- CARR Law Firm PLLC 1 Claim, 12 Drawing Sheets
US D743,339 S
Page 2
(56) References Cited 201110003512 A1 * 112011 Bower H01R 13/642

439/627
U.S. PATENT DOCUMENTS 2015/0126075 A1 * 5/2015 Chen . H01R 13/642
439/678
D659,640 S * 5/2012 Tseng .......................... D13/133
D662,889 S * 7/2012 Smith .......................... D13/146
D665,748 S * 8/2012 Baker .......................... D13/133 * cited by examiner
U.S. Patent Nov. 17, 2015 Sheet 1 of 12 US D743,339 S
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Venom 20C 3S 4000mAh 11.1 V LiPo Battery Venom 8.4V SOOOmAh 7 Cell Hump Pack Venom 8.4V 5000mAh 7 Cell NiMH Battery
with Universal Plug System NiMH Battery with Universal Plug System Flat Pack with Universal Plug System
S69 99 $48.99 $69.99 $49.99 $69 99 $49.99
( 2 )
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Exhibit C
Traxxas Dealer Alert! No Images? Click here
Traxxas® Consumer Safety Alert!
Important Safety Notice Regarding

Venom® Power Batteries with the
Uniplug 2.0 System
The Venom Uniplug 2.0 system is not

compatible with Traxxas iD™
as claimed by Venom.
The Venom Uniplug 2.0 system bypasses

important safety features in the Traxxas
High-Current Connector. Bypassing the
Traxxas safety features creates a severe
risk of FIRE and INJURY if batteries are
improperly handled.
The Traxxas iD™ system utilizes technology

integrated into the Traxxas High Current
connector that Traxxas iD™ chargers use to
automatically configure the charge settings
for the battery when the battery is plugged
into the charger. The Venom Uniplug 2.0
connector is not compatible with the Traxxas
iD™ system and contains no technology that
can be used by a Traxxas iD™ charger.
The Traxxas High Current connector design

designates specific connectors for various
LiPo batteries and a single specific
connector only for NiMh batteries. A
mechanical key system built into the design
of the connector prevents Traxxas iD™ LiPo
batteries from being plugged into currently
produced Traxxas NiMh chargers. This is an
important safety feature for Traxxas
customers. The Venom Uniplug 2.0 system
bypasses this Traxxas safety feature and
creates a severe risk of fire and injury by
allowing a Venom LiPo battery to be
connected to and charged by a NiMh only
charger, or manually charged in NiMh
charge mode on multi-chemistry
chargers.
For more details, contact Traxxas Customer

Service at (888) 872-9927
Integrated balance connectors eliminate fragile

balance wires and external balance boards
Traxxas iD batteries are recognized instantly and

charger settings are configured automatically
Traxxas iD LiPo battery connectors are keyed to

prevent them from being plugged into Traxxas NiMh
chargers
Learn More About Traxxas:
iD™ Batteries
High-Current Connectors
iD™ Chargers
Traxxas, 6250 Traxxas Way, McKinney TX 75070

USA
© Traxxas, 2018. All rights reserved.
This message was sent directly from Traxxas

because you are a registered Traxxas Dealer. We
value your privacy. View our privacy policy at
traxxas.com/tos. Please do not reply to this email.
Preferences | Unsubscribe
Exhibit D
Traxxas Dealer Alert! No Images? Click here
Traxxas Dealer Alert!
Important Safety Notice Regarding

Venom® Power Batteries with the
Uniplug 2.0 System
The Venom Uniplug 2.0 system is not

compatible with Traxxas iD™
as claimed by Venom.
The Venom Uniplug 2.0 system bypasses

important safety features in the Traxxas
High-Current Connector. Bypassing the
Traxxas safety features creates a severe
risk of fire and injury if batteries are
improperly handled.
The Traxxas iD™ system utilizes technology

integrated into the Traxxas High-Current
Connector that Traxxas iD™ chargers use to
automatically configure the charge settings
for the battery when the battery is plugged
into the charger. The Venom Uniplug 2.0
connector is not compatible with the Traxxas
iD™ system and contains no technology that
can be used by a Traxxas iD charger.
The Traxxas High-Current Connector design

designates specific connectors for various
LiPo batteries and a single specific
connector only for NiMH batteries. A
mechanical key system built into the design
of the connector prevents Traxxas iD™ LiPo
batteries from being plugged into currently
produced Traxxas NiMH chargers. This is an
important safety feature for Traxxas
customers. The Venom Uniplug 2.0 system
bypasses this Traxxas safety feature and
creates a severe risk of fire and injury by
allowing a Venom LiPo battery to be
connected to and charged by a NiMH only
charger, or manually charged in
NiMH charge mode on multi-chemistry
chargers.
Please educate your customers on the ease

of use and safety benefits of the Traxxas
iD™ system and the potential risks
associated with using the Venom Power
Uniplug 2.0 with Traxxas products.
Learn More About:

Traxxas iD™ Batteries
Traxxas High-Current Connectors
Traxxas iD™ Chargers
Traxxas, 6250 Traxxas Way, McKinney TX 75070

USA
© Traxxas, 2018. All rights reserved.
Venom and Venom Power are registered trademarks
of Vertical Partners West, LLC.
This message was sent directly from Traxxas

because you are a registered Traxxas Dealer. We
value your privacy. View our privacy policy at
traxxas.com/tos. Please do not reply to this email.
Preferences | Unsubscribe
JS 44 (Rev. 08/18) 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

TRAXXAS, L.P. VERTICAL PARTNERS WEST, LLC dba VENOM POWER
(b) County of Residence of First Listed Plaintiff Collin, Texas County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
The Davis Firm, PC
213 N. Fredonia Street, Suite 230
Longview TX 75601 (903) 230-9090
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 485 Telephone Consumer
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) Protection Act
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 490 Cable/Sat TV
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 850 Securities/Commodities/
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) Exchange
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 890 Other Statutory Actions
Medical Malpractice Leave Act ’ 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS ’ 893 Environmental Matters
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 895 Freedom of Information
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) Act
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party ’ 896 Arbitration
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 ’ 899 Administrative Procedure
’ 245 Tort Product Liability Accommodations ’ 530 General Act/Review or Appeal of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION Agency Decision
Employment Other: ’ 462 Naturalization Application ’ 950 Constitutionality of
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration State Statutes
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
15 U.S.C. 1051 et seq.
VI. CAUSE OF ACTION Brief description of cause:
False advertising and unfair competition under Lanham Act, infringement of U.S. Pat. No. D743,339, and related
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
08/31/2018 s/ William E. Davis, III
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
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Case 2:18-cv-00385 Document 1 Filed 08/31/18 Page 1 of 11 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

ORIGINAL COMPLAINT FOR FALSE ADVERTISING, UNFAIR COMPETITION,

Partners West, LLC dba Venom Power, alleging as follows:

I. NATURE OF THE SUIT

under Texas common law.

II. THE PARTIES

2. Plaintiff Traxxas, L.P. (“Traxxas”) is a Texas limited partnership that maintains

its principal place of business in McKinney, Texas.

III. JURISDICTION AND VENUE

Texas and in this District.

Original Complaint Page 2

gives rise to proper venue.

A. Traxxas and Its Traxxas iD® System

products on the market.

safety features such as:

a. auto battery identification that automatically configures and optimizes the

charge settings for Traxxas iD® batteries, eliminating complicated charger

programming that, if done wrong, is a fire risk;

b. safety keying that prevents plugging a Lithium Polymer battery into a

NiMH only charger, which is a fire risk; and

balance boards and fragile balance wires and connectors.

Original Complaint Page 3

B. The Asserted Patent

entitled “Female Electrical Connector,” is attached hereto as Exhibit A.

Traxxas has standing to sue for infringement of the ’339 Patent.

requirements set forth in 35 U.S.C. § 287.

C. Venom Power and Its Products

products that include the UNI Plug System.

Original Complaint Page 4

System 2.0 is “Traxxas® ID® Compatible.”

at https://www.venompower.com/collections/venom-drive-batteries (attached as Exhibit B) states

that the UNI Plug System 2.0 is “Traxxas® ID® Compatible.”

identification, safety keying, or integrated balancing wires.

2.0 is “Traxxas® ID® Compatible” is, thus, false or misleading.

20. Venom Power’s description or representation of fact in commercial advertising or

Original Complaint Page 5

substantially the same as the design claimed by the ’339 Patent:

’339 Patent Venom Accused Products

Traxxas and its goodwill.

Original Complaint Page 6

there is no adequate remedy at law.

Lanham Act and patent claims.

A. Federal False Advertising and Unfair Competition

paragraphs as if fully set forth herein.

competition in violation of 15 U.S.C. § 1125(a).

B. Texas Unfair Competition

paragraphs as if fully set forth herein.

32. Venom Power’s acts complained of herein constitute unfair competition in

violation of Texas state common law.

C. Infringement of the ’339 Patent

paragraphs as if fully set forth herein.

Original Complaint Page 7

D. Texas Unjust Enrichment

paragraphs as if fully set forth herein.

Power at Traxxas’ expense in violation of Texas state common law.

paragraphs as if fully set forth herein.

VII. PRAYER FOR RELIEF

Traxxas respectfully requests the following relief: