Noco v. Autogen Tech. - Complaint

Case: 1:20-cv-02500 Doc #: 1 Filed: 11/05/20 1 of 27.
PageID #: 1
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
)
THE NOCO COMPANY )
30339 DIAMOND PARKWAY, #102 ) CASE NO:
GLENWILLOW, OHIO 44139 )
) JUDGE:
Plaintiff, )
v. )
)
AUTOGEN TECHNOLOGY CO. LTD. )
D/B/A AUTOGEN )
UNIT 5, 27F RICHMOND COMM BLD, 109 )
ARGYLE ST. MONGKOK, HONG KONG )
999077 )
)
C/O )
)
ECOLIVING PTY. LTD. )
17 PEARLFROST PL. )
SUNNYBANK HILLS, )
QLD AUSTRALIA 4109 )
)
Defendant. )
COMPLAINT
(JURY DEMAND ENDORSED HEREIN)
Plaintiff The NOCO Company d/b/a NOCO (“Plaintiff” or “NOCO”) by and
through counsel, and for its Complaint against Autogen Technology Co., Ltd. d/b/a
AUTOGEN (“AUTOGEN” or “Defendant”), states as follows:
INTRODUCTION
1. AUTOGEN is willfully infringing upon NOCO’s trademark, copyrights,
design patents, and trade dress in connection with the marketing and sale of its
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Case: 1:20-cv-02500 Doc #: 1 Filed: 11/05/20 2 of 27. PageID #: 2
competing products in Ohio and the United States of America. These infringing
activities are illegal, and have harmed, and will continue to harm, NOCO.
PARTIES
2. NOCO is an Ohio corporation engaged in the design, manufacture, and
sale of battery chargers, portable power devices, and battery products and accessories.
3. AUTOGEN is a corporation organized under the laws of Hong Kong and
engaged in the design, manufacture and sale of jump starters, power stations, and air
compressors under the brand name “AUTOGEN”.
4. AUTOGEN is selling jump starters in the United States, using NOCO’s
proprietary intellectual property in connection with such sales, without the authority or
consent of NOCO.
JURISDICTION/VENUE
5. This Court has original subject matter jurisdiction over NOCO’s patent,
copyright, and trademark claims pursuant to 28 U.S.C. § 1338(a).
6. This Court also has original jurisdiction over NOCO’s unfair competition
claims, pursuant to 28 U.S.C. § 1338(b), because they are joined with NOCO’s
substantial and related trademark claims.
7. This Court has supplemental jurisdiction, pursuant to 28 U.S.C. § 1367,
over NOCO’s remaining claims because they form part of the same case or controversy
as NOCO’s trademark, patent, copyright, and unfair competition claims.
8. Pursuant to Ohio Revised Code Section 2307.382, this Court has personal
jurisdiction over AUTOGEN because, among other reasons, AUTOGEN regularly
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solicits and transacts business, supplies goods, and has caused tortious injury in the
State of Ohio, knowing that NOCO would be harmed here.
9. Additionally, AUTOGEN is subject to this Court’s exercise of personal
jurisdiction by operation of Fed. R. Civ. P. 4(k)(2).
10. As a Hong Kong entity with a principal place of business in Hong Kong,
AUTOGEN is not subject to any one state’s general jurisdiction.
11. And due process is satisfied as to AUTOGEN because it has intentionally
targeted and purposely availed itself of this forum by: operating an interactive website
actively targeting United States customers, operating amazon.com’s U.S.-specific
platform interactively as a third party seller with the name “AUTOGEN,” offering
products for sale in the United States and Ohio, making sales to United States
customers, shipping products into the United States and Ohio, and tortiously harming
NOCO in the United States and Ohio, knowing that NOCO would be harmed here.
12. Importantly, AUTOGEN operates the interactive website autogen.tech,
through which it actively solicits customers to enroll in AUTOGEN’s membership
program and advertises its jump starter products before ultimately linking customers
to Amazon to complete their transactions.
13. AUTOGEN, through autogen.tech, sells to United States customers, as
indicated in the Figure below, taken from the “About” section of its website.
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Global Expansion
So far AUTOGEN has its steady qrowth. and ,ts products are
sold to Th• Unit� St1tn, Japan, Europe, and Australia
through urstnbutrcn and renowned local or 1ntemahonal
brands.
Figure 1: A snip from the “About” section of AUTOGEN’s website plainly emphasizing its
United States sales (emphasis in original), available at:
https://www.autogen.tech/about/.
14. AUTOGEN also sells to United States customers through Amazon, as
evidenced by reviews left by “verified purchasers” located in the United States1.
15. Further evidencing AUTOGEN’s forum activity are the bills of lading
associated with certain bulk shipments made to the United States, as shown in the
Figure below.
U.S. CUSTOMS RECORDS ORGANIZED BY COMPANY
3 U.S. shipments available for Autogen Technology Co., Ltd , updated weeldy since 2007
Data Suppllet Custome< Detah •3 more flelds
2019-94-16 lllllOGEN TECtf<IOI.OGY MOLI IMP. BOOSTER CABLE BILL OF LADING

CO., LTD. INTERNATIONAL UIC.
2919-94-14 AUTOGEN TECHNOLOGY N-IA.ZON LOGISTICS INC. SOCKET VALVE LED BULB IUIIDIFIER 8HL OF lADHfii
CO., LTD.
2917-99-29 AUTOGEN TECHNOLOGY PJolA.ZON LOGISTICS me. LED AREA LIGHT LEO SECURITY LIGtfl BILL Of IADHfG
CO., LTD. LED LIGtfT
Figure 2: A snip displaying AUTOGEN’s bulk shipments to the United States, available
at: https://panjiva.com/Autogen-Technology-Co-Ltd/44150318.
16. NOCO’s claims arise directly from AUTOGEN’s forum-related activity,
including its infringing marketing, sales, and shipments into the forum, which are
directly relevant to NOCO’s causes of action.
1 For example, “verified purchaser” reviews of AUTOGEN’s MJS111 3000A Jump

Starter are available at: https://www.amazon.com/product-reviews/B07CMQVWR9
/ref=cm_cr_arp_d_viewopt_rvwer?ie=UTF8&reviewerType=avp_only_reviews.
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17. This Court’s exercise of personal jurisdiction over AUTOGEN is
reasonable because of AUTOGEN’s extensive and purposeful availment of this forum
and the relevance of AUTOGEN’s forum contacts.
18. Venue is proper pursuant to 28 U.S.C. § 1391(b) because a substantial
portion of the infringing sales were made in the United States and Ohio, and further
because the affected intellectual property is the property of NOCO, a United States and
Ohio company, and AUTOGEN can be said to have reached into this forum to take
NOCO’s intellectual property.
BACKGROUND
19. NOCO and AUTOGEN compete in multiple regions, primarily the United
States, in the battery jump starter market.
20. AUTOGEN has sought an unfair and illegal advantage in its competition
with NOCO.
21. Upon discovering that AUTOGEN had been infringing upon NOCO’s
copyrighted images, trademarks, and trade dress, NOCO sent a demand letter on July
22, 2020 (the “Demand Letter”) outlining certain of NOCO’s claims. The Demand
Letter is attached as Exhibit 1.
22. AUTOGEN responded on August 4, 2020 (the “Response Letter”),
indicating that it would take the accused images down, but denying NOCO’s allegations
of patent and trade dress infringement. The Response Letter is attached as Exhibit 2.
23. NOCO replied on August 19, 2020 (the “Reply Letter”), acknowledging
receipt of the Response Letter and indicating that NOCO would monitor the situation
but reserved all its rights. The Reply letter is attached hereto as Exhibit 3.
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24. Recently, NOCO has discovered that AUTOGEN’s infringing and unfair
competitive activity has not ceased, but has been expanding.
25. AUTOGEN’s trademark, copyright, and patent infringement is outlined
below, as are other aspects of AUTOGEN’s pervasive campaign of unfair competition,
such as its use of confusingly similar marketing materials.
THE TRADEMARK
26. NOCO sells its products on its website (https://no.co/), to wholesalers and
authorized resellers and retailers, and through online stores such as Amazon.
27. NOCO protects its brand, its goodwill, and its valuable intellectual
property, including through registration of its trademarks.
28. At issue in this case is NOCO’s federally registered trademark
ULTRASAFE®, with Registration No. 4,811,656 (the “Trademark”). The Certificate of
Registration for the Trademark is attached as Exhibit 4.
29. The Trademark covers: “battery jump starters, battery chargers, battery
packs, inverters” in International Class 009.
30. NOCO also obtained an international registration of the ULTRASAFE®
mark, covering the same goods in IC 009, with registration number 1481445. The
international registration’s summary is attached as Exhibit 5.
31. Examples of NOCO’s use of the Trademark are included as Figures 3 and
4 below.
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Figure 3: NOCO product listing for the GB70, available at: https://www.amazon.com/
...
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NOCO-GB70-UltraSafe-Lithium-Gasoline/dp/B016UG6PWE.
Figure 4: NOCO product listing for the GB40, available at no.co/gb40.
{K0815300.1} 7
32. NOCO regularly monitors the marketplace to identify infringement,
protect its consumers, and prevent brand dilution, tarnishment, and confusion as to the
origin of its products.
33. In the course of such monitoring, NOCO has discovered that AUTOGEN
is infringing upon the Trademark.
THE TRADEMARK INFRINGEMENT

34. AUTOGEN sells its products online performs retail services, advertises,
offers products for sale, and sells competing products through www.amazon.com using
the storefront “AUTOGEN,” through its website autogen.tech, and possibly other
websites.
35. AUTOGEN is using the Trademark in connection with its advertisement,
offering for sale, and sales of battery chargers and jump starters as well as in the
course of performing retail services online.
36. Specifically, AUTOGEN is unlawfully and unfairly promoting its
competing products by using a phrase protected by NOCO’s Trademark, “ULTRA-
SAFE”.
37. Screen captures depicting AUTOGEN’s product listings and associated
infringing material are included below as Figures 6 through 7.
{K0815300.1} 8
Figure 6: Enlarged view of AUTOGEN’s infringing 4000A Jump Starter marketing

material, available at https://www.amazon.com/AUTOGEN-Starter-Diesel-Portable-
Trucks/dp/B07KZSBLS4.
AUTOGEN Home About Products Support FAQs Contact Membership
Figure 7: AUTOGEN’s product listing for its 4000A jump starter, available at:
https://www.autogen.tech/jump-starter-4000a/.
{K0815300.1} 9
38. As can be seen in Figures 6 and 7 above, AUTOGEN is using the
Trademark, in connection with online retail services and sales of jump starters, thereby
plainly infringing upon NOCO’s valid and subsisting trademark registrations.
39. Specifically, AUTOGEN uses NOCO’s Trademark to encourage Ohio and
United States consumers to purchase AUTOGEN’s competing products.
40. AUTOGEN does not have, and has never had, permission or authorization
of any kind from NOCO for such use.
41. AUTOGEN’s use of the Trademark is likely to cause, has caused, and will
continue to cause consumer confusion, deception, and mistake, harming both
consumers and NOCO.
THE COPYRIGHT
42. In addition to its trademarks, NOCO also registers certain of its original
works, including marketing materials, as copyrights.
43. At issue here is NOCO’s federally registered copyright “Boost in Hand”
with Registration Number VAu001314169 (the “Copyrighted Image”).
Figure 8: The Copyrighted Image.
{K0815300.1} 10
44. NOCO registered the Copyrighted Image on November 8, 2017 and has
used it extensively in promoting its jump starter products throughout the United States
and globally.
THE COPYRIGHT INFRINGEMENT
45. AUTOGEN subsequently created and displayed a derivative, infringing
marketing image for its 1500A Jump Starter (the “Offending Image”), shown in the
figures below.
Figure 9: The Offending Image, collected from AUTOGEN’s Amazon product

listing for the 1500A Jump Starter in July of 2020.
{K0815300.1} 11
Copyrighted Image Offending Image
Figure 10: A side-by side presentation of the Copyrighted Image and the Offending
Image.
46. NOCO notified AUTOGEN, in July of 2020, that the Offending Image was
a derivative work and that AUTOGEN was violating NOCO’s rights in the Copyrighted
Image.
47. AUTOGEN agreed, in August of 2020, to stop using the challenged image
and changed the image used to promote the 1500A Jump Starter.
48. However, as of this filing – months later, AUTOGEN’s trading partners
continue to display the Offending Image, as shown in Figure 11 below.
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AUTOGEN 1 SOOA 1 BOOOmAh Smart Portable Car Jump

Starter (B.OL Gas & 6.0L Diesel Engines), 12V Auto
Battery Booster Charger, Power Pack Jumper Box Pack
For Trucks SUV, LCD Display
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start .. for every lamdy mombe(> Boasllr,g class leading safety and rehabihty, lhe
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Figure 11: PartLimit’s product listing for AUTOGEN’s 1500A Jump Starter, which still
features the Offending Image, available at: https://partlimit.com/products/autogen-
1500a-18000mah-smart-portable-car-jump-starter-8-0l-gas-6-0l-diesel-engines-12v-auto-
battery-booster-charger-power-pack-jumper-box-pack-for-trucks-suv-lcd-display.
49. In addition to displaying the Offending Image, AUTOGEN has caused the
Offending Image to be displayed by AUTOGEN’s distributors and partners in
connection with their offering AUTOGEN products for sale.
50. And AUTOGEN has not taken appropriate steps to make sure that its
partners and distributors have removed the Offending Image.
51. Accordingly, the Offending Image continues to be displayed, in violation of
NOCO’s rights in the Copyrighted Image.
THE PATENTS
52. In addition to its trademarks and copyrights, NOCO protects certain
elements of its product designs by securing design patents to prevent competitors from
adopting NOCO’s unique product design elements.
{K0815300.1} 13
53. At issue here are three design patents described below.
54. First, United States Design Patent Number D745,455 (the “’455 Patent”,
entitled “Battery Booster,” was duly and legally issued on December 15, 2015. A true
and correct copy of the ‘455 Patent is attached hereto as Exhibit 6.
55. The ‘455 Patent claims the ornamental design as shown and described in
the patent.
56. Second, United States Design Patent Number D738,307 (the “’307
Patent”, entitled “Electrical Clamp,” was duly and legally issued on September 8, 2015.
A true and correct copy of the ‘307 Patent is attached hereto as Exhibit 7.
the patent.
58. Third, United States Design Patent Number D867,985 (the “’985 Patent”,
entitled “Combination Jump Starter and Display,” was duly and legally issued on
November 26, 2019. A true and correct copy of the ‘985 Patent is attached hereto as
Exhibit 8.
the patent.
60. NOCO is the owner of the entire right title, and interest in the ‘455
Patent, the ‘307 Patent, and the ‘985 Patent (together, the “Patents”).
61. NOCO regularly monitors the marketplace and has identified several
instances of AUTOGEN’s infringement of the Patents.
{K0815300.1} 14
THE PATENT INFRINGEMENT
62. AUTOGEN has created product displays and products which infringe
upon NOCO’s Patents.
63. First, AUTOGEN has created a display for its 1500A Jump Starter which
infringes the ‘985 Patent, as shown in Figure 12, below.
‘985 Patent, Fig. 2 The 1500A Jump Starter Display
Figure 12: A side-by-side comparison of the ‘985 Patent’s claimed design and the
infringing AUTOGEN display.
64. An ordinary observer or purchaser would find the overall design of the
‘985 Patent and the 1500A Jump Starter Display to be substantially similar and
mistakenly purchase the 1500A Jump Starter.
65. For example, the 1500A Jump Started Display features a human hand in
an identical configuration gripping a jump starter product of the same shape and size.
66. AUTOGEN has known of the existence of the ‘985 Patent and NOCO’s use
of its signature “Boost in Hand” display since at least July 22, 2020, because NOCO
notified it of the same in the Demand Letter.
{K0815300.1} 15
67. Second, AUTOGEN’s design of its 2500A Jump Starter infringes upon the
‘455 Patent, as shown in Figure 13 below.
‘455 Patent, Fig. 1 (re-oriented) The 2500A Jump Starter Design
--
-- ------ -.
infringing AUTOGEN design.
‘455 Patent and the 2500A Jump Starter to be substantially similar and mistakenly
purchase the 2500A Jump Starter.
69. For example, the 2500A Jump Starter features the same rectangular
shape with “ribbing” comprising alternating shapes outlined in raised plastic along the
top edge of the longer sides of the jump starter.
of its signature ribbed design since at least July 22, 2020, because NOCO notified it of
the same in the Demand Letter.
71. Finally, AUTOGEN’s clamp design, as presented with AUTOGEN’s 4000A
Jump Starter, infringes upon the ‘307 Patent as shown in Figure 14, below.
{K0815300.1} 16
‘307 Patent, Figure 2 THE AUTOGEN CLAMP DESIGN
infringing AUTOGEN design.
‘307 Patent and the AUTOGEN Clamp Design to be substantially similar and
mistakenly purchase the AUTOGEN Clamp.
of its signature clamp design since at least July 22, 2020, because NOCO notified it of
the same in the Demand Letter.
74. As of the date of this filing, AUTOGEN continues its infringing activity.
THE TRADE DRESS

75. NOCO has created a distinctive product configuration which it
incorporates into the design of each of its jump starter products.
76. Specifically, NOCO’s jump starter products all feature: (i) a rectangular
shape with radius corners, (ii) a gray and black color scheme; (iii) a ribbed edge design,
and (iv) an iconographic representation of an electrical current (collectively, the “Trade
Dress”).
{K0815300.1} 17
NOCO’s Trade Dress
Figure 15: A collection of NOCO’s jump starter products, namely the GB20, GB40,
GB70, and GB150, each displaying the above-listed elements of NOCO’s Jump Starter
Trade Dress.
77. NOCO’s Trade Dress is distinctive, arbitrary and nonfunctional.
78. Additionally, NOCO has, for many years, spent significant sums
advertising and promoting its products with the trade dress.
79. And NOCO has made extensive sales of products with the Trade Dress
across the United States and globally.
80. NOCO’s development and use of the Trade Dress enables customers to
identify a NOCO product immediately on sight.
{K0815300.1} 18
81. AUTOGEN’s subsequent adoption of the Trade Dress is likely to cause,
has caused, and will continue to cause consumer confusion and divert sales from NOCO
to AUTOGEN.
THE TRADE DRESS INFRINGEMENT

82. AUTOGEN has adopted each of the above-identified elements of NOCO’s
Trade Dress, as illustrated in Figure 16, below, which presents NOCO’s GB40 as an
embodiment of NOCO’s trade dress, alongside AUTOGEN’s 2500A Jump Starter.
AUTOGEN 2500A JUMP

NOCO GB40
STARTER
Figure 16: A side-by-side presentation of the NOCO GB40, which embodies NOCO’s
trade dress and AUTOGEN’s 2500A jump starter.
83. AUTOGEN’s use of the Trade Dress is confusing consumers and diverting
sales from NOCO to AUTOGEN.
CONFUSINGLY SIMILAR MARKETING MATERIALS
84. In addition to its outright infringement, AUTOGEN has also unfairly
competed with NOCO by creating and displayed marketing material based on and
confusingly similar to NOCO’s marketing material for competing products, as shown in
the Figure below.
{K0815300.1} 19
NOCO AUTOGEN
22X
IYUSB
QUICK CHARGE
6X 13X SOX 22X
Figure 17: NOCO and AUTOGEN jump starter marketing materials.
85. AUTOGEN’s calculated use of virtually identical marketing material
confuses and deceives consumers
86. As of the date of this filing, AUTOGEN continues to violate NOCO’s
intellectual property rights.
{K0815300.1} 20
Count One
Declaratory Judgment/Injunctive Relief
87. NOCO hereby incorporates each and every preceding paragraph as if fully
restated herein.
88. An actual and justiciable controversy exists between NOCO and
AUTOGEN related to whether AUTOGEN has the right to use the Trademark, the
Patents, and works derived from the Copyrighted Image, without NOCO’s consent and
in violation of NOCO’s rights in the same.
89. The Court, pursuant to 28 U.S.C. § 2201(a) and Fed. R. Civ. P. 57, should
declare that AUTOGEN has no right or authorization to use the Trademark, works
derived from the Copyrighted Image, or the Patents, as these actions have harmed and
continue to harm NOCO in an amount to be determined at trial.
90. Such a declaration is proper, pursuant to U.S.C. § 2201(a), because it
would terminate an “actual controversy” between the parties and declare NOCO’s
rights with respect to these issues.
Count Two
Trademark Infringement (15 U.S.C. § 1114)
restated herein.
92. NOCO is the owner of the Trademark (ULTRASAFE®).
93. AUTOGEN uses the Trademark in connection with its sale of competitive
products without NOCO’s authorization or consent.
94. AUTOGEN’s use of the Trademark is likely to cause confusion among
consumers as to the source and origin of the parties’ products.
{K0815300.1} 21
95. AUTOGEN’s use of the Trademark constitutes willful trademark
infringement pursuant to 15 U.S.C. § 1114.
96. As a result, NOCO has suffered damages and will continue to suffer
damages in an amount to be proven at trial.
Count Three
Trademark Dilution (15 U.S.C. § 1125)
restated herein.
99. The Trademark has become famous as a result of voluminous sales
through numerous prominent channels of trade, extensive and far-reaching advertising
efforts over an extended period of time, and federal registration.
100. The Trademark is distinctive and well known within the battery and
battery charging industry and more broadly among the purchasing public.
101. AUTOGEN’s unauthorized use of the Trademark is causing the willful
dilution of the Trademark by blurring and tarnishing the reputation and goodwill
associated with the Trademark in violation of 15 U.S.C. § 1125(c).
Count Four
Ohio Deceptive Trade Practices (O.R.C. § 4165.02)
restated herein.
{K0815300.1} 22
105. AUTOGEN’s unauthorized use of the Trademark is likely to cause
confusion as to the source of the parties’ products in violation of O.R.C. § 4165.02(A)(2).
106. AUTOGEN’s unauthorized use of the Trademark creates the
misperception that AUTOGEN and NOCO are affiliated, which violates O.R.C.
§ 4165.02(A)(3).
Count Five
Unfair Competition
restated herein.
109. AUTOGEN unfairly competes with NOCO through its authorized use of
the Trademark, Patents, works derived from the Copyrighted Image, and confusingly
similar advertising materials.
110. AUTOGEN’s actions have damaged NOCO in the form of, inter alia, lost
sales, harm to reputation, trademark infringement, trademark dilution, and
tarnishment.
111. As a direct and proximate cause of AUTOGEN’s conduct, NOCO has
suffered and will continue to suffer damages in an amount to be proven at trial.
Count Six
Copyright Infringement
restated herein.
113. NOCO owns the valid copyright in the Copyrighted Image.
{K0815300.1} 23
114. AUTOGEN created the Offending Image by manipulating the
Copyrighted Image, making it a derivative work.
115. Only NOCO, as the owner of the copyright in the Copyrighted Image has
the right to create works derivative therefrom.
116. Moreover, even after AUTOGEN’s manipulations of the Copyrighted
Image, it remained substantially similar to the original.
117. Accordingly, AUTOGEN has infringed upon NOCO’s rights in the
Copyrighted Image.
118. In addition to AUTOGEN’s direct infringement, it has contributed to or
caused infringement of the Copyrighted Image by others.
119. AUTOGEN distributed or enabled distribution by publishing the
Offending Image and caused, induced, or materially contributed to the display and
publication of the Offending Image by AUTOGEN’s partners, distributors, or resellers.
120. AUTOGEN is and was aware of the infringing activity, or has remained
willfully blind thereto.
Count Seven
Patent Infringement
restated herein.
123. NOCO is the owner of the ‘985, ‘455, and ‘307 Patents.
124. NOCO’s Patents are valid and subsisting.
{K0815300.1} 24
125. AUTOGEN has been, and is, infringing the Patents by making the
accused display and by making, selling, and offering for sale in the United States and
Ohio, the accused products, in violation of 35 U.S.C. §271(a).
126. AUTOGEN’s infringement has been, and continues to be knowing,
intentional, and willful. This case is exceptional and, therefore, NOCO is entitled to an
award of attorney fees pursuant to 35 U.S.C. § 285.
127. AUTOGEN’s infringement has caused and will continue to cause NOCO
damages for which NOCO is entitled to a reasonable royalty pursuant to 35 U.S.C. §
284 or AUTOGEN’s profits pursuant to 35 U.S.C. §289.
128. AUTOGEN’s acts of infringement of the Patents have caused and will
continue to cause NOCO immediate and irreparable harm unless such infringing
activities are enjoined by this Court pursuant to 35 U.S.C. § 283. NOCO has no
adequate remedy at law.
Count Eight
Trade Dress Infringement
restated herein.
130. NOCO’s jump starters, sold extensively throughout the United States, are
designed with a distinctive product configuration.
131. The specific non-functional, arbitrary elements of NOCO’s jump starter
design combine to create a distinctive and recognizable product.
132. The product configuration, in addition to its inherent distinctiveness, has
also acquired distinctiveness through extensive advertising and sales across the United
States for an extended period of time.
{K0815300.1} 25
133. AUTOGEN has, without permission or authorization, adopted NOCO’s
distinctive product configuration.
134. NOCO’s use of the distinctive product configuration pre-dates
AUTOGEN’s infringing activity.
135. AUTOGEN’s actions have damaged NOCO in the form of, inter alia, lost
sales, harm to reputation, trademark infringement, trademark dilution, and
tarnishment.
WHEREFORE, Plaintiff prays for judgment as follows:
A. As to Count One, a declaratory judgment declaring that AUTOGEN is

unauthorized to use the Trademark, and permanently enjoining AUTOGEN from any
further use of the Trademark;
B. As to Count Two, pursuant to 15 U.S.C. § 1117(a), award NOCO up to

three times its actual and compensatory damages determined at trial, which exceed
$25,000, as well as NOCO’s attorney’s fees and costs, disgorge AUTOGEN of all
proceeds from its infringing sales, and permanently enjoin AUTOGEN from using, and
willfully infringing upon, the Trademark;
C. As to Count Three, pursuant to 15 U.S.C. § 1117(a), award NOCO up to

three times its actual and compensatory damages determined at trial, which exceed
$25,000, as well as NOCO’s attorney’s fees and costs, disgorge AUTOGEN of all
proceeds from its infringing sales, and permanently enjoin AUTOGEN from using, and
willfully infringing upon, the Trademark;
D. As to Count Four, award compensatory damages in an amount to be

determined at trial, but in excess of $25,000, as well as NOCO’s attorney’s fees and
costs, disgorge AUTOGEN of their profits from all infringing sales, and permanently
enjoin AUTOGEN from using the Trademark in violation of O.R.C. § 4165.02; and
E. As to Count Five, award compensatory damages in an amount to be

costs, disgorge AUTOGEN of the proceeds from their infringing sales, and permanently
enjoin AUTOGEN from unfairly competing with NOCO by using the Trademark.
{K0815300.1} 26
F. As to Count Six, award statutory damages and compensatory damages in

an amount to be determined at trial, but in excess of $25,000, as well as NOCO’s
attorney’s fees and costs, disgorge AUTOGEN of the proceeds from their infringement,
and permanently enjoin AUTOGEN from unfairly competing with NOCO by using the
Copyrighted Image or any derivative work, including the Offending Image.
G. As to Count Seven, award compensatory damages in an amount to be

determined at trial, but in excess of $25,000, such award to be increased up to three
times the actual amount assessed, plus pre-judgment and post-judgment interest and
costs, as well as NOCO’s attorney’s fees and costs, disgorge AUTOGEN of the proceeds
from their infringing sales, and permanently enjoin AUTOGEN from infringing,
contributing to the infringement of, or inducing infringement of the Patents.
H. As to Count Eight, award compensatory damages in an amount to be

costs, disgorge AUTOGEN of the proceeds from their infringing sales, and permanently
enjoin AUTOGEN from unfairly competing with NOCO by using NOCO’s distinctive
product configuration.
Respectfully submitted,
KOHRMAN JACKSON & KRANTZ LLP
/s/ Sean P. Malone
SEAN P. MALONE (0076353)
DAVID R. POSTERARO (0024661)
One Cleveland Center, 29th Floor
1375 East Ninth Street
Cleveland, Ohio 44114
Phone: 216-696-8700
Fax: 216-621-6536
Email: spm@kjk.com; drp@kjk.com
Counsel for Plaintiff
JURY DEMAND
Plaintiff respectfully demands a trial by jury pursuant to Fed. R. Civ. P. 38.
/s/ Sean P. Malone

SEAN P. MALONE
{K0815300.1} 27
Case: 1:20-cv-02500 Doc #: 1-1 Filed: 11/05/20 1 of 7. PageID #: 28
David R. Posteraro | Partner
Direct:216.736.7218 | drp@kjk.com
One Cleveland Center | 1375 East Ninth Street
29th Floor | Cleveland, Ohio 44114-1793
I
KOHRMAN JACKSON KRANTZ Main: 216.696.8700 | Toll-free: 888.696.8700 | Fax: 216.621.6536
July 22, 2020
VIA EMAIL AND REGISTERED MAIL [sales@autogentech.com]
AUTOGEN Technology Co., Ltd.

BLD 21B
No 3021 Kaixyan Road
Shanghai, China
Ming Lu, President

ECOLIVING PTY.LTD.
17 Pearlfrost Pl
Sunnybank Hills, QLD
Australia 4109
THIS LETTER CONTAINS A WRITTEN DEMAND THAT YOU CEASE CERTAIN UNLAWFUL
ACTIVITIES. IF YOU DO NOT RESPOND TO THIS LETTER, A LAWSUIT WILL BE FILED
AGAINST YOU. IF YOU ARE REPRESENTED BY LEGAL COUNSEL YOU SHOULD IMMEDIATELY
FORWARD THIS LETTER TO THAT REPRESENTATIVE.
Re: The NOCO Company

Infringement of Intellectual Property and Other Rights
Dear Sir or Madam:
We are legal counsel to The NOCO Company (“NOCO”), a leading designer, manufacturer and
seller of quality batteries and related products. AUTOGEN Technology Co., Ltd. (“AUTOGEN”) is
infringing upon the intellectual property of NOCO as described below.
NOCO hereby demands that AUTOGEN immediately cease all such activity.
In business for over eighty years, NOCO is recognized by consumers as a leader in the quality
battery products industry. NOCO has developed and publishes content, including photographic
images, in connection with its sale of products that are protected under United States and
{K0800335.2}
............... .
TIT MERITAS
LAW FIRMS WORLDWIDE KJK.COM CLEVELAND + COLUMBUS
EXHIBIT 1
1375 East Ninth Street | One Cleveland Center, 29th Floor | Cleveland, Ohio 44114
Main: 216.696.8700 | Toll-free: 888.696.8700 | 216.621.6536
KOHRMAN JACKSON KRANTZ
international law (the “Copyrighted Images”). In addition, NOCO holds multiple utility and
design patents in the United States and internationally (“Registered Patents”).
AUTOGEN is unlawfully using NOCO’s Copyrighted Images and unlawfully infringing upon its
Registered Patents, namely, Patent Registration Nos. USD738,307 (Electrical Clamp),
USD746,770 (Battery Booster) and USD867,985 (Combination Jump Starter and Display) and
possibly others. Copies of these patent registrations are attached.
NOCO routinely monitors its Copyrighted Images, Registered Patents and other intellectual
property. It has come to NOCO’s attention that AUTOGEN is manipulating NOCO’s Copyrighted
Images and infringing upon NOCO’s patent rights.
Infringed Copyright.
NOCO’s Copyrighted Images frequently uses a hand displaying its products as shown below:
The hand image is subject to a valid copyright registration (Reg. No. VAu001314169).
You have deliberately taken this image and manipulated it to your own purpose to advertise
your product as shown below:
{K0800335.2} Page 2 of 7 KJK.COM

Main: 216.696.8700 | Toll-free: 888.696.8700 | 216.621.6536
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NOCO’s copyright ownership gives it the exclusive rights, inter alia, to reproduce and make
copies of the original work, to prepare derivative works based on the original work and to
publicly display the work. Your deliberate manipulation of the hand image is a derivative work
and thus violates NOCO’s exclusive rights. As such, NOCO may, pursuant to 17 U.S.C. § 504, be
entitled to damages up to $30,000 and, if shown to be a willful infringement (as we suspect it
is), up to $150,000 per work.
You are similarly advertising products in violation of NOCO’s intellectual property as follows:
EASY TO USE.
START VEHICLE.

Main: 216.696.8700 | Toll-free: 888.696.8700 | 216.621.6536
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recharge your laptop, tablet, cell phones, and much
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Long-lasting 44Wh B.lttery with low self-discharge

brings dead vehide batteries back to life again and
again (device requires recharge every 6 months)
This highly efficient 14 ounce device lasts up to 1000

cycles; 5 blue LED lights indicate the power you've got
left after every jump-start
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Patent Infringement.
AUTOGEN is likewise commiting patent infringement relative to the Electrical Clamp, Battery
Booster and Jump Starter as evidenced by the following:

Main: 216.696.8700 | Toll-free: 888.696.8700 | 216.621.6536
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As noted above, NOCO is the owner of United States Patent Nos. 738307, 746770 and 867985.
Your product’s design and overall commercial impression, and its associated ASIN, copies the
distinct configuration and surface ornamentation of NOCO’s patented product.
In addition to the remedies available to NOCO under the Patent Act (35 U.S.C. § 284), Section
289, “Additional remedy for infringement of design patent,” states that:
Whoever during the term of a patent for a design, without license of the owner, (1)
applies the patented design, or any colorable imitation thereof, to any article of
manufacture for the purpose of sale, or (2) sells or exposes for sale any article of
manufacture to which such design or colorable imitation has been applied shall be
liable to the owner to the extent of his total profit, but not less than $250, recoverable
in any United States district court having jurisdiction of the parties.
Nothing in this section shall prevent, lessen, or impeach any other remedy which an
owner of an infringed patent has under the provisions of this title, but he shall not twice
recover the profit made from the infringement.
As such, NOCO is entitled to receive, and hereby demands an immediate accounting of all
profits derived by you from the sale of your AUTOGEN product on Amazon and elsewhere.

Main: 216.696.8700 | Toll-free: 888.696.8700 | 216.621.6536
Trade Dress.
Additionally, your product’s packaging and other “trade dress” mimics, if not deliberately
copies, our client’s product’s trade dress. Evidence of those similarities appears above.
IMPORTANT
You are hereby advised immediately and forever to cease selling, manufacturing, using and/or
manipulating any of NOCO’s intellectual property. Failure to cease such activity and/or respond
to this cease and desist letter by July 27, 2020 will result in a lawsuit being filed against you
seeking any all remedies available at law, including, attorney’s fees and costs incurred in
prosecuting a lawsuit against you.
THIS CORRESPONDENCE DOES NOT PURPORT TO BE A COMPLETE STATEMENT OF THE LAW,

THE FACTS, OUR CLIENT’S RIGHTS OR POTENTIAL CLAIMS AND IS WITHOUT PREJUDICE TO
THEIR LEGAL AND EQUITABLE RIGHTS, ALL OF WHICH ARE EXPRESSLY RESERVED.
If you have any questions, contact the undersigned at (216) 736-7218 or at drp@kjk.com.
Sincerely,
David R. Posteraro
Copy: Jon J. Pinney

Arch & Lake LLP
August 4, 2020
VIA ELECTRONIC MAIL COMMUNICATION TO NEGOTIATE/

David R. Posteraro COMPROMISE CLAIMS UNDER FRE 408
KOHRMAN |JACKSON | KRANTZ
One Cleveland Center
1375 East Ninth Street, 29th Floor
Cleveland, Ohio 44114-1793
Tel: 216.696.8700
Fax: 216.621.6536
Email: drp@kjk.com
Re: The NOCO Company’s July 22, 2020 Cease and Desist Letter to
AUTOGEN Technology Co., Ltd.
Dear David:
Thank you for the courtesy of an extension of time to respond to your client’s
letter. This letter responds to NOCO’s allegations in the order in which they appear
in the July 22 letter. AUTOGEN denies that it has infringed Noco’s intellectual
property rights or trade dress, willfully or otherwise. As described below, we believe
NOCO’s allegations lack merit. Even so, AUTOGEN has taken steps which we hope
will alleviate your client’s concerns and facilitate a reasonable resolution.
Alleged Copyright Infringement
As to NOCO’s “Boost in Hand” image (Reg. No. VAu001314169) reproduced

on page 2 of your letter, AUTOGEN denies that it used NOCO’s copyrighted
image to create the image it was using to advertise the AUTOGEN 1500A Portable
Car Jump Starter on Amazon.com. Indeed, the AUTOGEN screenshot at the top
of Page 3 bears little resemblance to NOCO’s Boost in Hand image. The
background is white rather than black, the AUTOGEN image includes no wording
not printed on its product, the AUTOGEN product takes up far more of the image
than does the NOCO product in “Boost in Hand”, the products are oriented
differently, and the products themselves look very different.
1
EXHIBIT 2
Arch & Lake LLP
NOCO’s copyright protects and reflects its intellectual property in the

copyrighted work for hire — the photograph NOCO registered. NOCO does not
hold intellectual property rights to all depictions of hands holding portable jump
starters or battery chargers.
For all these reasons, NOCO’s claim of copyright infringement are not well-
taken. That said, to avoid unnecessary disputes AUTOGEN has stopped using the
challenged image and has changed the image used to promote its AUTOGEN
1500A Portable Car Jump Starter on Amazon.com. See
https://www.amazon.com/AUTOGEN-Starter-18000mAh-Analyzing-
function/dp/B07QMQYWJP. I understand the accused image came down and
the new image went up early last week. We trust that resolves NOCO’s concern.
NOCO also objects to an AUTOGEN graphic depicting the three simple

steps to using the AUTOGEN 1500A Portable Car Jump Starter. That graphic is
clearly not a copy of the parallel NOCO graphic. The color schemes, the three
images used, and the products depicted differ. The words used with the images
differ. The description of the three steps differ. While both graphics begin and end
with attaching and detaching battery clamps, that reflects the reality of how
jump starters work. NOCO cannot claim IP rights in the idea of accomplishing a
given task in three simple steps. That said, I understand AUTOGEN has removed
the challenged graphic from its promotion of the AUTOGEN 1500A Portable Car
Jump Starter on Amazon.com to avoid unnecessary disputes. See
https://www.amazon.com/AUTOGEN-18000mAh-Portable-Starter-
Motores/dp/B07QMQYWJP/. I understand that graphic was removed last week.
We trust that resolves NOCO’s concern.
NOCO’s letter next accuses AUTOGEN of infringing NOCO’s intellectual

property rights by using two images reproduced on page 4 of the letter. Those
images are part of two AUTOGEN product listings on Amazon.com. Our analysis
above applies equally, perhaps more strongly, to those two images.
The picture of AUTOGEN’s MJS V6 Smart Jump Starter bears no

resemblance to NOCO’s copyrighted “Boost in Hand” image. The AUTOGEN
product is centered in the picture while being held upright in a clean (apparently
male) hand. The product is being held lightly by its edges. The background is white
rather than black. The AUTOGEN image includes no wording at all. The AUTOGEN
product takes up more of the image than does the NOCO product in “Boost in
Hand.” The products are oriented differently, and the products themselves look
quite different.
2
Arch & Lake LLP
Finally, the picture of the AUTOGEN 1500A 18000mAh Smart Portable Jump
Starter bears no resemblance to NOCO’s copyrighted “Boost in Hand” image.
The AUTOGEN product is being held lightly by its edges in a clean hand on the
right side of the image, which centers on a tire being inflated. The background
shows the tire and the air compressor inflating it. The AUTOGEN product takes up
at most one-eighth of the image. The AUTOGEN product is depicted from above
while being held at an angle, rather than head-on. The products themselves look
quite different. NOCO was not the first and has not been the only company to
advertise a portable product by depicting it in a user’s hand.
Alleged Design Patent Infringement
NOCO also accuses two AUTOGEN products — the AUTOGEN 1500A

18000mAh Smart Portable Jump Starter and the AUTOGEN 2500A Car Jump
Starter — of infringing three NOCO design patents: U.S. D738,307S (Electrical
Clamp); U.S. D746,770S (Battery Booster); and U.S. D867,985S (Combination Jump
Starter and Display). For at least the reasons described below, NOCO’s design
patent infringement allegations are unfounded.
Design patents are awarded for “new, original, and ornamental design[s]
for an article of manufacture.” 35 U.S.C. § 171 (2020). The claimed design may
consist of surface ornamentation, configuration (shape) or a combination of the
two. See 1 Donald S. Chisum, Chisum on Patents §1.04.
But courts have long recognized that design patents have limited scope,
and the drawings in the patent define the scope of the claim. The infringement,
or not, of a design patent is evaluated objectively from the perspective of the
ordinary observer. Using a side-by-side comparison of the claimed design to the
accused design, the court will determine whether an ordinary observer, familiar
with the prior art, would be deceived into believing that the two designs are the
same. The evaluation focuses on elements of ornament and configuration
properly within the scope of a design patent claim. The emphasis is on the “overall
effect” and commercial impression of the two designs rather than individual small
differences. However, any feature whose appearance is dictated by function or
utility cannot be considered part of the claimed design.
The side-by-side comparisons below, not present in NOCO’s letter, show the
substantial differences between the claimed designs and the accused designs.
Simply put, the AUTOGEN designs do not infringe.
3
Arch & Lake LLP
Battery Clamps
NOCO USD738,307 Accused Product
FIG. 2
FIG 3
4
Arch & Lake LLP
NOCO USD738,307 Accused Product
,.---k
FIG. 4
FIG. 5
FIG. 6
FIG. 7
5
Arch & Lake LLP
AUTOGEN presents this brief synopsis of some of the substantial differences

shown above between the design of its battery clamps and the design NOCO
claims in US D738,307:
Figures 1-3, 6: The shapes of the teeth are substantially different. When the
clamp is closed, the teeth in the claimed design meet in a smooth line at the top
(Fig. 6) and touch repeatedly along their length, forming a repeating pattern
resembling an inverted vase (or a leaf) from the side view (Figs. 1-3). By contrast
the teeth of the AUTOGEN clamps are jagged; they meet at the top in a zig-zag
pattern and barely touch (if at all) along their length. A side view of the teeth in
the AUTOGEN design resembles a repeating open diamond shape.
Figures 1-3: The design of the covers for the clamps are substantially
different as seen from the “front” and the “back” faces of the designs. For
example, the claimed design features a prominent element on the left arm of the
clamp resembling the head of a screw. The AUTOGEN design includes nothing
like that “screw” element and shows a smooth surface at that location. In the
claimed design the central spring is covered by a large design element
resembling two concentric circles. That element in the AUTOGEN design is smaller
and less prominent – although function and utility require one to exist. The tips of
the AUTOGEN clamps are more squared off than the tips in the claimed design.
Finally, the claimed design includes a raised element in the shape of a thick
letter “V” (but with a wider angle) directly in the middle of each clamp arm. The
AUTOGEN design is again quite different, featuring raised and lowered portions in
a different shape, different orientations, and offset from the center (positioned
towards the tops of the arms). Each design includes raised and lowered portions,
but that basic concept is functional – to help the user’s grip.
Figures 4-5: These figures depict the edge views of the clamp, which again
show substantial differences. These differences include the prominent polarity sign
inside a circle near the top of the AUTOGEN design – an element absent from the
claimed design. The raised and lowered portions on the sides of the designs also
look quite different. The raised “V-pattern” described above essentially wraps
around the clamp arms in the claimed design. In the AUTOGEN design, there is a
single raised portion running straight across the edge.
Figure 7 – This figure depicts the closed clamp and cover as viewed from
the bottom looking up towards the spring. To the extent these views look similar,
the elements shown are purely functional.
6
Arch & Lake LLP
In sum, the only way the “overall commercial impression” of the AUTOGEN
design may be visually similar to that of battery clamps embodying NOCO’s
claimed design would be to focus on elements driven by function and utility and
not within the scope of NOCO’s claim. The overall wedge-like shape and the
central spring in the battery clamps are classic elements of such clamps,
ubiquitous in the market and as driven by function as the flat striking surface of a
hammer or the narrow edge of the tip of a screwdriver. The colors of the clamps
(one red and one black) form no part of the claimed design and are both
ubiquitous and functional. Those industry standard colors have for many years
indicated which clamp should attach to which battery terminal.
If you disagree with our analysis, we would appreciate an explanation of

how and why NOCO believes the AUTOGEN design infringes. We just don’t see it.
Battery Booster (A)
This section addresses NOCO’s allegations that the AUTOGEN 1500A

Portable Car Jump Starter infringes NOCO’s design patent US D746,770S. The right
column of the table presents design drawings for the accused AUTOGEN design;
we include the third column because the lighting in the pictures of the accused
product (center column) might obscure some detail.
NOCO USD746,770 AUTOGEN 1500A AUTOGEN 1500A
FIG. 1
7
Arch & Lake LLP
FIG. 2
FIG. 3
FIG. 4
8
Arch & Lake LLP
FIG. 5
FIG. 6
D
FIG. 7
D
D
D
FIG. 8
9
Arch & Lake LLP
AUTOGEN presents this synopsis of some of the substantial differences

shown above between the design of the AUTOGEN 1500A product and NOCO’s
claimed design in USD 746,770:
Figure 1: This angled view shows a top perspective of the claimed design
and the large single socket on its left side (which is also depicted in Figure 6).
The claimed design depicts a blank face on top, with no buttons, lights, or
display. The claimed design includes ornamentation extending around the entire
top face and includes two wide protrusions into the face (with rounded corners)
separating three recessed sections on each long side. Each of the four corners of
the top face has the shape of a rounded triangle. The exterior edge of the
claimed design appears to be smooth along the bottom below the five recessed
portions along each long side (matching the five digits on a human hand).
As shown above, the AUTOGEN design is substantially different. The top

face of the AUTOGEN design includes an LCD display and multiple buttons. The
design around the edge only extends around three sides; it does not include the
“left” or “top” edge of the AUTOGEN 1500A. Moreover, the interior edge of the
design around the top face is even, with no protrusions into the face. The exterior
edge of the design includes seven narrow raised portions on each long side
separating nine narrower recessed portions. The “left” or “top” edge is flat without
ornamentation.
Figure 2: This angled view shows a bottom perspective of the claimed

design, and the twin ports taking up most of the right side of the claimed design
(also depicted in Figure 5). See our discussion of Figures 3 and 5 below.
Figure 3: This depicts a bottom planar view of the claimed design. It is a flat,
rectangle with rounded corners. The bottom face is blank save for a round post
or screw just inside each corner. The outer rim extends around the entire bottom
face of the product and appears to be completely smooth.
As shown above, the AUTOGEN design is substantially different. The design

around the edge of the bottom face only extends around three sides; it does not
include the “left” or “top” edge of the AUTOGEN 1500A. Moreover, the exterior
edge of the AUTOGEN design includes seven narrow raised portions on each long
side separating nine narrower recessed portions. The “top” or “left” edge is flat
without ornamentation. The “bottom” or “right” edge includes three raised
portions of differing widths separating four recessed portions, as well as the
rounded corners. The AUTOGEN design shows six, much smaller, screws placed
around the edge of the bottom face of the product.
10
Arch & Lake LLP
Figure 4: See our discussion of Figure 1 above.
Figure 5: This figure shows the left face of the claimed design, which takes
the overall shape of a rectangle with the top two corners cut off. It includes a
smooth bottom portion (see Figures 1-3), two large connection ports in the center,
and a narrow rectangle with rounded corners in the top center. On each side of
the left face, the top two thirds of the design are recessed in roughly the shape
of a square topped by a right triangle with the hypotenuse facing outward.
As shown above, the AUTOGEN design is substantially different. The left face
of the AUTOGEN design is a flat, smooth oval. It includes five connection ports of
varying types and sizes and multiple LED indicators. Other than the areas around
the five connector ports, the surface is not recessed.
Figure 6: This figure shows the right face of the claimed design, which also
takes the overall shape of a rectangle with the top two corners cut off. The right
face of the design includes one large connector port in the center of the design.
The ornamentation is similar, but not identical, to the left face. The bottom edge
is smooth, and the rectangle at the top is wider with the socket impinging on its
bottom edge. On each end of the right face, the top two thirds of the design
have a recess in roughly the shape of a blocky rectangle below a thin raised area
below a recessed right triangle with the hypotenuse facing outward.
As shown above, the AUTOGEN product is substantially different. The left

face of the AUTOGEN design roughly takes the shape of an oval. There are no
connector ports. The left face includes three raised portions of varying widths
separating four recessed portions, all in between the raised, rounded ends.
Figures 7 and 8: These figures depict the front and rear sides of the claimed
design, respectively. See the pictures and relevant discussion above. In addition,
as the pictures show, the AUTOGEN design tapers so that the left face is narrower
than the right face. The claimed design does not.
For at least the reasons described above, we disagree that the “overall
commercial impression” of AUTOGEN 1500A design is visually similar to that of a
product embodying NOCO’s claimed design. If you disagree with our analysis,
we would appreciate a detailed explanation. AUTOGEN would like to resolve this
disagreement amicably but does not understand NOCO’s infringement positions.
11
Arch & Lake LLP
Battery Booster (B)
This section addresses NOCO’s allegations that the AUTOGEN 2500A

product infringes NOCO’s design patent US D746,770S.
NOCO USD746,770 AUTOGEN 2500A
FIG.1
FIG. 2
FIG. 3
12
Arch & Lake LLP
FIG. 4
._-
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FIG. 5
----
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FIG. 6
FIG. 7
13
Arch & Lake LLP
FIG. 8
For the purposes of this letter, we will allow the analysis set forth above
comparing the claimed design to the AUTOGEN 1500A design to stand in for
further written analysis comparing the claimed design to the AUTOGEN 2500A
design shown above. The patent figures are of course the same, and our position
on the substantial differences between the claimed design and the accused
AUTOGEN design is similar (although some details vary).
If you disagree with our analysis, we would appreciate a detailed

explanation of how NOCO believes the AUTOGEN 2500A design infringes NOCO’s
US D746,770S.
Combination Jump Starter and Display
For the purposes of this letter, we will also allow the detailed analysis set
forth above comparing the claimed design in US D746,770S to the accused
AUTOGEN 1500A and 2500A designs to stand in for a detailed written analysis
comparing the accused designs to NOCO’s US D867,985S.
We do so because, to our eyes, the design depicted in US D867,985S

appears identical to the design depicted in US D746,770S. (We assume the human
hands included in the drawings are not within the scope NOCO’s claim.) If you
believe the designs differ in any way relevant to our infringement analysis, please
let us know. Also, while US D867,985S states that its figures depict two
embodiments of its claimed design (one in Figures 1-7 and a second in Figures 8-
14), we believe all 14 figures depict the same identical design. Again, if you
believe those figures depict two designs differing in any way relevant to our
14
Arch & Lake LLP
infringement analysis, please let us know. If you disagree with our analysis, we
would appreciate a detailed explanation of how NOCO believes the AUTOGEN
1500A and 2500A designs infringe NOCO’s US D867,985S.
As we noted above, AUTOGEN would prefer to resolve this dispute

amicably, but does not understand NOCO’s position and sees no basis for
NOCO’s patent infringement claims. And, as the analysis above shows, NOCO’s
claim that “the design and commercial impression” of the accused AUTOGEN
designs “copies” NOCO’s claimed designs is certainly wrong.
AUTOGEN believes no objective observer could conclude the accused

AUTOGEN designs constitute either NOCO’s claimed designs or “colorable
imitations” thereof. Therefore, it rejects NOCO’s demand for an accounting of all
sales and profits related to the accused AUTOGEN products.
Trade Dress Infringement
The cease and desist letter does not describe NOCO’s alleged trade dress,
identify products NOCO believes embody it, or specify how the AUTOGEN
products allegedly violate it. Therefore, we cannot respond to NOCO’s claim that
the accused AUTOGEN products, their packaging, and other trade dress mimic
or copy NOCO’s trade dress. If NOCO would like to discuss specific trade dress
concerns, AUTOGEN will consider what NOCO has to say.
AUTOGEN remains open to further discussion but will defend its right to
compete fairly with NOCO. This letter was not, and was not intended to be, a full
statement of AUTOGEN’s position. AUTOGEN reserves the right to assert all
available claims and defenses and to seek all appropriate legal and equitable
remedies.
Best regards,
ARCH & LAKE LLP
Peter J. Curtin
15
David R. Posteraro | Partner
Direct: 216.736.7218 | Cell: 216.409.0360 | drp@kjk.com
One Cleveland Center | 1375 East Ninth Street
29th Floor | Cleveland, Ohio 44114-1793
I I
KOHRMAN JACKSON KRANTZ Main: 216.696.8700 | Toll-free: 888.696.8700 | Fax: 216.621.6536
FOR SETTLEMENT PURPOSES ONLY

SUBJECT TO EVIDENCE RULE 408
August 19, 2020
VIA EMAIL [pete_curtin@archlakelaw.com]
Peter J. Curtin
Arch & Lake LLP
203 N LaSalle Street, Suite 2100
Chicago, IL 60601
Re: The NOCO Company’s July 22, 2020 Cease and Desist Letter to AUTOGEN
Technology Co., Ltd.
Dear Mr. Curtin:
We are in receipt of your August 4, 2020 correspondence and respond below. As an initial
matter, we disagree with certain aspects of your analysis and with the legal conclusions you
reached regarding AUTOGEN’s alleged infringement. In particular, we maintain our position
that AUTOGEN’s products mimic ornamental rib designs and other protected, distinctive
features of NOCO’s products and patents. Likewise, it is still our position that AUTOGEN’s
packaging and other “trade dress” mimics, if not deliberately copies, NOCO’s product’s trade
dress.
With that being said, we appreciate the fact that AUTOGEN has removed the offending images.
Accordingly, while we will continue to monitor this matter, we consider it to be closed for the
time being.
THIS CORRESPONDENCE DOES NOT PURPORT TO BE A COMPLETE STATEMENT OF THE LAW,

THE FACTS, OUR CLIENT’S RIGHTS OR POTENTIAL CLAIMS AND IS WITHOUT PREJUDICE TO
THEIR LEGAL AND EQUITABLE RIGHTS, ALL OF WHICH ARE EXPRESSLY RESERVED.
If you have any questions, please feel free to contact me.
Sincerely,
David R. Posteraro
{K0804396.1}
............... .
TIT MERITAS
LAW FIRMS WORLDWIDE KJK.COM CLEVELAND + COLUMBUS
EXHIBIT 3
ULTRASAFE
Reg. No. 4,811,656 THE NOCO COMPANY (OHIO CORPORATION)
30339 DIAMOND PARKWAY #102
Registered Sep. 15, 2015 GLENWILLOW, on 44139
Int. Cl.: 9 FOR: BATTERY JUMP STARTERS, BATTERY CHARGERS, BATTERY PACKS, INVERTERS,
IN CLASS 9 (U.S. CLS. 21, 23, 26, 36 AND 38).
TRADEMARK FIRST USE 8-0-2014; IN COMMERCE 8-0-2014.
PRINCIPAL REGISTER THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-
TICULAR FONT, STYLE, SIZE, OR COLOR.
SER. NO. 86-504,600, FILED 1-15-2015.
ROBIN CHOSID, EXAMINING ATTORNEY
Director of the United States

Patent and Trademark Office
EXHIBIT 4
REQUIREMENTS TO MAINTAIN YOUR FEDERAL

TRADEMARK REGISTRATION
WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE

DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requirements in the First Ten Years*

What and When to File:
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the
5th and 6th years after the registration date. See 15 U.S.C. §§1058, l 14lk. If the declaration is
accepted, the registration will continue in force for the remainder of the ten-year period, calculated
from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a
federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an
Application for Renewal between the 9th and 10th years after the registration date.*
See 15 U.S.C. §1059.
Requirements in Successive Ten-Year Periods*

What and When to File:
You must file a Declaration ofU se ( or Excusable Nonuse) and an Application for Renewal between
every 9th and 10th-year period, calculated from the registration date.*
Grace Period Filings*
The above documents will be accepted as timely if filed within six months after the deadlines listed above
with the payment of an additional fee.
* ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with

an extension of protection to the United States under the Madrid Protocol must timely file the Declarations
of Use (or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office
(USPTO). The time periods for filing are based on the U.S. registration date (not the international registration
date). The deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to
those for nationally issued registrations. See 15 U.S.C. §§1058, l 14lk. However, owners of international
registrations do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the
underlying international registration at the International Bureau of the World Intellectual Property Organization,
under Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated
from the date of the international registration. See 15 U.S. C. § 1141j. For more information and renewal
forms for the international registration, see http://www.wipo.int/madrid/en/.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online
at http ://www.uspto.gov.
NOTE: A courtesy e-mail reminder ofUSPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.
Page: 2 I RN# 4,811,656

International Trademark
1481445 - ULTRASAFE
1481445 - ULTRASAFE
(151) Date of the registration
10.07.2019
(180) Expected expiration date of the registration/renewal
10.07.2029
(270) Language(s) of the application
English
(732) Name and address of the holder of the registration
The Noco Company
30339 Diamond Parkway #102
Glenwillow OH 44139 (US)
(812) Contracting State or Contracting Organization in the territory of which the holder has a real and effective industrial or
commercial establishment
US
(842) Legal nature of the holder (legal entity) and State, and, where applicable, territory within that State where the legal
entity is organized
CORPORATION, Ohio, United States
(740) Name and address of the representative
Ann K Ford
DLA PIPER LLP (US)
500 Eighth Street r-m
Washington DC 20004 (US)
(540) Mark
ULTRASAFE
(541) Reproduction of the mark where the mark is represented in standard characters
(511) The International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice
Classification) and the list of goods and services classified according thereto- NCL (11-2019)
09 Battery jump starters, battery chargers, battery packs, inverters.
(821) Basic application
US, 15.01.2015, 86504600.
(822) Basic registration
US, 15.09.2015, 4811656.
(832) Designation(s) under the Madrid Protocol
AU, CA, EM, GB.
(527) Indications regarding use requirements
GB.
EXHIBIT 5
https://www3.wipo.int/branddb/en/showData.jsp?ID=MAD.1481445 1/1
I IIIII IIIIIIII Ill lllll llllll llll lllll lllll lllll lllll lllll 111111111111111111
USOOD745455S
c12) United States Design Patent (IO) Patent No.: US D745,455 S

Nook et al. (45) Date of Patent: ** Dec. 15, 2015
(54) BATTERY BOOSTER (56) References Cited
U.S. PATENT DOCUMENTS

(71) Applicant: THE NOCO COMPANY, Glenwillow,
OH (US) 5,019,767 A * 5/1991 Shirai et al. ................... 320/112
0485,810 S * 1/2004 Fiocchi ........................ 013/184
(72) Inventors: Jonathan Lewis Nook, Gates Mills, OH 0634,313 S * 3/2011 Fitzpatrick et al. .......... 014/250
0654,854 S * 2/2012 Inskeep ........................ 013/107
(US); William Knight Nook, Sr., Shaker 0664,501 s * 7/2012 Inskeep ........................ 013/107
Heights, OH (US); James Richard 0681,550 S * 5/2013 Corbin ...... 013/103
0687,768 S * 8/2013 Minamikawa ...... 013/107
Stanfield, Peoria, AZ (US); Derek 0694,176 S * 11/2013 Buetow et al. ...... 013/103
Michael Underhill, Tempe, AZ (US) 0694,180 S * 11/2013 Inskeep ...... 013/107
0701,490 S * 3/2014 Inskeep ........................ 013/110
(73) Assignee: THE NOCO COMPANY, Glenwillow, 2006/0201558 Al* 9/2006 Marty et al. 137/613
2008/0213653 Al * 9/2008 Marukawa et al. ............. 429/72
OH (US) 2011/0116861 Al* 5/2011 Zhang et al. ............... 403/322.1
2013/0164600 Al* 6/2013 Rosskamp et al. ............ 429/159
(**) Term: 14 Years 2014/0184898 Al* 7/2014 Overliese et al. ............. 348/372
2015/0099151 Al* 4/2015 Lavender ...................... 429/121
(21) Appl. No.: 29/496,700 OTHER PUBLICATIONS

U.S. Trademark Application No. 86030590 filed on Aug. 6, 2013,
(22) Filed: Jul. 16, 2014 including drawing and sample.
(51) LOC (10) Cl. 13-02
* cited by examiner
(52) U.S. Cl.
USPC 013/107; D13/103 Primary Examiner - Rosemary K Tarcza
( 58) Field of Classification Search Assistant Examiner - Sanjeev Paul
USPC D13/102-106, 110, 118-119, 184, (74) Attorney, Agent, or Firm - Vorys, Sater, Seymour and
D13/107-108; D14/96-100, 163, 176 Pease LLP; William L. Klima
CPC ..... Y02E 60/12; Y02E 60/122; Y02E 60/124; (57) CLAIM
Y02E 60/50; HOlM 2/02; HOlM 2/022; The ornamental design for a battery booster, as shown and
described.
HOlM 2/0202; HOlM 2/0207; HOlM 2/0212;
HOlM 2/1061; HOlM 2/1022; HOlM 2/1055; DESCRIPTION
HOlM 2/1066; HOlM 2/105; HOlM 2/204; FIG. 1 is a top perspective view for a battery booster;
HOlM 10/4257; HOlM 10/0436; HOlM 10/48; FIG. 2 is a bottom perspective view thereof;
HOlM 10/44; HOlM 10/46; HOlM 10/465; FIG. 3 is a bottom planar view thereof; and
HOlM 10/482; HOlM 2200/30; HOlM FIG. 4 is a top planar view thereof.
2250/30; HOlM 2250/40; H02J 7/00; H02J FIG. 5 is a left-side elevational view thereof;
7/0003; H02J 7/0011; H02J 7/0013; H02J FIG. 6 is a right-side elevational view thereof;
FIG. 7 is a front-side elevational view thereof; and,
7/0054; H02J 7/0055; H02J 7/0057; H02J FIG. 8 is a rear-side elevational view thereof.
2007/0062
See application file for complete search history. 1 Claim, 6 Drawing Sheets
EXHIBIT 6
U.S. Patent Dec. 15, 2015 Sheet 1 of 6 US D745,455 S
FIG. 1
FIG. 2
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FIG. 7
USOOD738307S
c12) United States Design Patent (IO) Patent No.: US D738,307 S

Nook et al. (45) Date of Patent: ** *Sep. 8, 2015
(54) ELECTRICAL CLAMP (56) References Cited
U.S. PATENT DOCUMENTS

(71) Applicant: THE NOCO COMPANY, Glenwillow,
OH (US) 0258,818 S * 4/1981 Johnson et al. . 013/120
4,620,767 A * 11/1986 Woolf 439/217
(72) Inventors: Jonathan Lewis Nook, Gates Mills, OH
4,854,901 A * 8/1989 Vernachio 439/755
0304,928 S * 12/1989 Mize 013/120
(US); William Knight Nook, Sr., Shaker 5,167,529 A * 12/1992 Verge 439/504
Heights, OH (US); James Richard
0399,729 S * 10/1998 Chen 08/395
6,386,907 Bl * 5/2002 Ruffa 439/504
Stanfield, Peoria, AZ (US); Derek 0597,029 S * 7/2009 Li 013/120
Michael Underhill, Tempe, AZ (US) 0625,265 S * 10/2010 DuMelle et al. 013/120
0649,116 S * 11/2011 Nakatsuka 013/120
8,342,892 B2 * 1/2013 Fan et al. 439/822
(73) Assignee: THE NOCO COMPANY, Glenwillow, 0689,020 S * 9/2013 Demirjian et al. 013/120
OH (US) * cited by examiner
( *) Notice: This patent is subject to a terminal dis- Primary Examiner - Derrick Holland
claimer. Assistant Examiner - Jennifer O King
(74) Attorney, Agent, or Firm - Vorys, Sater, Seymour and
(**) Term: 14 Years Pease LLP; William L. Klima
(57) CLAIM
(21) Appl. No.: 29/486,664 The ornamental design for an electrical clamp, as shown and
described.
(22) Filed: Apr.1, 2014 DESCRIPTION
(51) LOC (10) Cl. 13-02 FIG. 1 is a perspective view for a electrical clamp;
(52) U.S. Cl. FIG. 2 is a front elevational view thereof;
USPC . ... ... ... .. ... ... ... ... ... .. ... ... ... ... ... .. ... ... ... .. 013/120 FIG. 3 is a rear elevational view thereof;
FIG. 4 is a left-side view thereof;
( 58) Field of Classification Search FIG. 5 is a right-side view thereof;
USPC D13/107, 110, 120, 133, 148, 149, 154, FIG. 6 is a top plan view thereof; and,
D13/156, 184, 199; 439/248, 258, 274, 447, FIG. 7 is a bottom plan view thereof.
439/504,603,686, 755, 822, 829, 759, The broken lines shown represent unclaimed subject matter
and form no part of the claimed design.
439/506; 174/74 R, 84 C; D8/72; 320/105
See application file for complete search history. 1 Claim, 5 Drawing Sheets
EXHIBIT 7
sneet 1 of 5
-o.s. -patent
FIG. 1
U.S. Patent Sep.8,2015 Sheet 2 of 5 US D738,307 S
FIG. 2
FIG. 3
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USOOD867985S
c12) United States Design Patent c10) Patent No.: US D867,985 S

Nook et al. (45) Date of Patent: ** Nov. 26, 2019
(54) COMBINATION JUMP STARTER AND OTHER PUBLICATIONS

DISPLAY
Hand Display Black Tineye.com. [online][published Mar. 19,
(71) Applicant: THE NOCO COMPANY, Glenwillow, 201 OJ [Retrieved Jun. 12, 2019] <url:https ! ltineye.coml search/
OH (US) 4e8edb8d9936d7b87 59 leaabc6ef8be520b559a4?page� l> (Year:
2010).*
(72) Inventors: Jonathan Lewis Nook, Gates Mills,
OH (US); William Knight Nook, Sr., (Continued)
Shaker Heights, OH (US); James
Richard Stanfield, Peoria, AZ (US); Primary Examiner - Rosemary K Tarcza
Derek Michael Underhill, Tempe, AZ Assistant Examiner - Nathaniel D. Buckner
(US) (74) Attorney, Agent, or Firm - Vorys, Sater, Seymour
and Pease LLP; William L. Klima
(73) Assignee: THE NOCO COMPANY, Glenwillow,
OH (US)
(**) Term: 15 Years (57) CLAIM
(21) Appl. No.: 29/630,642 The ornamental design for a combination jump starter and
display, as shown and described.
(22) Filed: Dec. 21, 2017
(51) LOC (12) Cl. 13-02
(52) U.S. Cl.
USPC 013/107 DESCRIPTION
( 58) Field of Classification Search
USPC D13/106-110, 118, 184; D15/9 FIG. 1 is a perspective view of a first embodiment of a
CPC Y02E 60/12; Y02T 90/14; Y02T 90/122; combination jump starter and display showing our new
Y02T 90/128; Y02T 90/163; Y02T design;
10/7005; Y02T 10/705; Y02T 10/7088; FIG. 2 is a front view thereof;
H02J 7/025; H02J 7/0042; H02J 7/0044; FIG. 3 is a rear view thereof;
H02J 7/0045; H02J 7/0003; H02J 7/0034; FIG. 4 is a left-side view thereof view;
(Continued) FIG. 5 is a right-side view thereof;
FIG. 6 is a top view thereof; and
(56) References Cited FIG. 7 is a bottom view thereof.
FIG. 8 is a perspective view for a second embodiment of a
U.S. PATENT DOCUMENTS combination jump starter and display showing our new
047,781 S * 9/1915 Carson .... Dll/104
design;
3,933,140 A 1/1976 Gynn FIG. 9 is a front view thereof;
(Continued) FIG. 10 is a rear view thereof;
FIG. 11 is a left-side view thereof view;
FOREIGN PATENT DOCUMENTS FIG. 12 is a right-side view thereof;
FIG. 13 is a top view thereof; and,
DE 295 07 501 Ul 6/1995 FIG. 14 is a bottom view thereof.
DE 20 2009 016 260 Ul 3/2010
(Continued) 1 Claim, 14 Drawing Sheets
EXHIBIT 8
US D867,985 S
Page 2
(58) Field of Classification Search 8,172,603 Bl 5/2012 Richard, Jr.

CPC .. H02J 7/0054; H02J 7/1423; H02J 2001/006; 8,199,024 B2 6/2012 Baxter et al.
HOlF 38/14; HOlM 2/1022; HOlM 0664,207 S * 7/2012 Bengyak ........ 020/29
0664,501 S 7/2012 Inskeep
2/1055; HOlM 10/44; HOlM 10/46; 8,376,775 B2 2/2013 Rinehardt
HOlM 10/425; B60L 11/182 0681,550 S * 5/2013 Corbin ......................... 013/103
See application file for complete search history. 8,493,021 B2 7/2013 Richardson et al.
0687,768 S 8/2013 Minamikawa
(56) References Cited 0694,176 S 11/2013 Buetow et al.
0694,180 S * 11/2013 Inskeep ...... 013/107
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0260,626 S 9/1981 Kadar Dll/160 0815,863 S * 4/2018 Wheeler ........ 06/674
* 0832,781 S 11/2018 Nook ...... 013/107
4,885,524 A 12/1989 Wilburn *
4,910,628 A 3/1990 Minagawa et al. 0836,064 S * 12/2018 Liu ...... 013/102
4,931,731 A 6/1990 Jenks 0845,229 S * 4/2019 Chen ...... 013/103
5,019,767 A 5/1991 Shirai et al. 0845,230 S * 4/2019 Nook ........................... Dl�l07
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0447,334 S * 9/2001 Williams ....................... 03/215 FOREIGN PATENT DOCUMENTS
6,362,599 Bl 3/2002 Turner et al.
6,632,103 Bl 10/2003 Liu DE 20 2013 102 599 U1 8/2013
6,648,701 B2 11/2003 Mouissie EP 2 472 698 A2 7/2012
0485,810 S 1/2004 Fiocchi WO 2004/036714 Al 4/2004
6,756,764 B2 6/2004 Smith et al. WO 2013-137873 Al 9/2013
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7,749,031 B2 7/2010 Detter Hand Display Chrom Tineye.com. [online][published Nov. 22,
0625,653 S * 10/2010 De Felice Dll/160 2013][Retrieved Jun. 12, 2019] <url:https://tineye.corn/search/
0628,650 S * 12/2010 Lake .............................. 020/33
04c0afff89 lda06df2 l 4d842ef8cc3b47 e7049ae?page� l> (Year: 2013). *
7,872,361 B2 1/2011 McFadden
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8,076,900 Bl 12/2011 Brown including drawing and sample.
0654,246 S * 2/2012 Bengyak ...... 02/619
0654,854 S * 2/2012 Inskeep ........................ 013/107 * cited by examiner
US D867 ,985 S
Nov. 26, 2019 Sheet 1 of 14
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JS 44 (Rev. 10/20) Case: 1:20-cv-02500CIVIL
Doc #: COVER
1-9 Filed:SHEET
11/05/20 1 of 3. PageID #: 83
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 Jaw, 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
THE NOCO COMPANY AUTOGEN TECHNOLOGY CO., LTD. DBA AUTOGEN
30339 DIAMOND PARKWA y #102 UNIT 5, 27F RICHMOND COMM BLD, 109 ARGYLE STREET
GLENWILLOW OHIO 44139 ' MONGKOK, HONG KONG 999077
(b) County ofResidence'ofFirst Listed Plaintiff 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 (IfKnown)

SEAN P. MALONE/DAVID R. POSTERARO
KOHRMAN JACKSON & KRANTZ, 1375 EAST 9TH ST., 29TH FL.
CLEVELAND, OHIO 44114 216-696-8700
II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL p ARTIES (Place an "X" in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
D1 U.S. Government 03 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1D D 1 Incorporated or Principal Place D 4 D 4
of Business In This State
D2 U.S. Government D4 Diversity Citizen of Another State D2 D 2 Incorporated and Principal Place D Os
Defendant (Indicate Citizenship ofParties in Item 111) of Business In Another State
Citizen or Subject of a Foreign Nation

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
D 110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure D 422 Appeal 28 USC 158 375 False Claims Act
D
§D D
120Marine 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 D 367 Health Care/ 400 State Reapportionment
I SO Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
D
D
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
Slander
330 Federal Employers'
Liability
340 Marine
D
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
§ 820 Copyrights
830 Patent
835 Patent - Abbreviated
New Drug Application
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 0 840 Trademark Corrupt Organizations
D 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR D 880 Defend Trade Secrets 480 Consumer Credit
of Veteran's Benefits 350 Motor Vehicle D 370 Other Fraud 710 Fair Labor Standards Act of2016 (IS USC 1681 or 1692)
D 160 Stockholders' Suits 355 Motor Vehicle D 371 Truth in Lending Act 485 Telephone Consumer
D 190 Other Contract Product Liability D 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
D 195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (139Sft) 490 Cable/Sat TV
D 196 Franchise Injury D 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (40S(g)) Exchange
Medical Malpractice Leave Act � 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation D 865 RSI (40S(g)) 891 Agricultural Acts
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
D 220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom oflnformation
§D 230 Rent Lease & Ejectrnent

240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities -
510 Motions to Vacate
Sentence
530 General
535 Death Penalty IMMIGRATION
D
D
870 Taxes (U.S. Plaintiff
or Defendant)
871 IRS-Third Party
26 USC 7609
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
448 Education SSS Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an "X" in One Box Only)
01 Original D2 Removed from 03 Remanded from D4 Reinstated or D 5 Transferred from D 6 Multidistrict D8 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):
VI. CAUSEOFACTION�1--
5 _
u s_
.c_
.1-
.-1 41��-
Brief description of cause:
Trademark Infringement, Trademark Dilution, Ohio Deceptive Trade Practices, and Unfair Competition
VII. REQUESTED IN O CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. 175,000.00 JURY DEMAND: 0Yes 0No
VIII. RELATED CASE(S)

IF ANY (See instructions):
JUDGE
DATE SIGNATURE OF ATTORNEY OF RECORD
November 5, 2020 /s/ Sean P. Malone
FOR OFFICE USE ONLY
RECEIPT# AMOUNT APPLYING IFP JUDGE MAG.ruDGE

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
I. Civil Categories: (Please check one category only ).
1. 0 General Civil
2. D Administrative Review/Social Security
3. LJ Habeas Corpus Death Penalty
*If under Title 28, §2255, name the SENTENCING JUDGE:
CASE NUMBER:
II. RELATED OR REFILED CASES See LR 3.1 which provides in pertinent part: "If an action is filed or removed to this Court
and assigned to a District Judge after which it is discontinued, dismissed or remanded to a State court, and
subsequently refiled, it shall be assigned to the same Judge who received the initial case assignment without regardfor
the place of holding court in which the case was refiled. Counsel or a party without counsel shall be responsible for
bringing such cases to the attention of the Court by responding to the questions included on the Civil Cover Sheet."
D
This action: Dis RELATED to another PENDING civil case Dis a REFILED case was PREVIOUSLY REMANDED
If applicable, please indicate on page 1 in section VIII, the name of the Judge and case number.
Ill. In accordance with Local Civil Rule 3.8, actions involving counties in the Eastern Division shall be filed at any of the
divisional offices therein. Actions involving counties in the Western Division shall be filed at the Toledo office. For the
purpose of determining the proper division, and for statistical reasons, the following information is requested.
ANSWER ONE PARAGRAPH ONLY. ANSWER PARAGRAPHS 1 THRU 3 IN ORDER. UPON FINDING WHICH
PARAGRAPH APPLIES TO YOUR CASE, ANSWER IT AND STOP.
(1) Resident defendant If the defendant resides in a county within this district, please set forth the name of such
county
COUNTY:
Corporation For the purpose of answering the above, a corporation is deemed to be a resident of that county in
which it has its principal place of business in that district.
(2) Non-Resident defendant. If no defendant is a resident of a county in this district, please set forth the county
wherein the cause of action arose or the event complained of occurred.
COUNTY: C huya oga
(3) Other Cases. If no defendant is a resident of this district, or if the defendant is a corporation not having a principle
place of business within the district, and the cause of action arose or the event complained of occurred outside
this district, please set forth the county of the plaintiff's residence.
COUNTY.
IV. The Counties in the Northern District of Ohio are divided into divisions as shown below. After the county is
determined in Section Ill, please check the appropriate division.
EASTERN DIVISION
D AKRON (Counties: Carroll, Holmes, Portage, Stark, Summit, Tuscarawas and Wayne)
0 CLEVELAND
(Counties: Ashland, Ashtabula, Crawford, Cuyahoga, Geauga,
D
Lake, Lorain, Medina and Richland)
YOUNGSTOWN (Counties: Columbiana, Mahoning and Trumbull)
WESTERN DIVISION
D TOLEDO (Counties: Allen, Auglaize, Defiance, Erie, Fulton, Hancock, Hardin, Henry,
Huron, Lucas, Marion, Mercer, Ottawa, Paulding, Putnam, Sandusky, Seneca
Vanwert, Williams, Wood and Wyandot)
JS 44 Reverse (Rev. 10/20) Case: 1:20-cv-02500 Doc #: 1-9 Filed: 11/05/20 3 of 3. PageID #: 85
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) 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.
(b) 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 ofresidence of the "defendant" is the location of the tract ofland involved.)
(c) 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 there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
V. Origin. Place an "X" in one of the seven 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.
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-Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation - Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
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.
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
NorthernDistrict
__________ Districtofof__________
Ohio
THE NOCO COMPANY

)
30339 DIAMOND PARKWAY, #102 )
GLENWILLOW, OHIO 44139 )
)
Plaintiff(s) )
)
v. Civil Action No. 1:20-cv-02500
)
AUTOGEN TECHNOLOGY CO. LTD. D/B/A )
AUTOGEN )
UNIT 5, 27F RICHMOND COMM BLD, 109 ARGYLE )
ST. MONGKOK, HONG KONG )
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) AUTOGEN TECHNOLOGY CO. LTD. D/B/A AUTOGEN
UNIT 5, 27F RICHMOND COMM BLD, 109 ARGYLE ST. MONGKOK, HONG KONG
999077
C/O ECOLIVING PTY. LTD.

17 PEARLFROST PL.
SUNNYBANK HILLS, QLD AUSTRALIA 4109
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: SEAN P. MALONE (0076353)
DAVID R. POSTERARO (0024661)
One Cleveland Center, 29th Floor
1375 East Ninth Street
Cleveland, Ohio 44114
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
SANDY OPACICH, CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 1:20-cv-02500
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ 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
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
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:
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Case: 1:20-cv-02500 Doc #: 1 Filed: 11/05/20 1 of 27.

IN THE UNITED STATES DISTRICT COURT

Plaintiff The NOCO Company d/b/a NOCO (“Plaintiff” or “NOCO”) by and

AUTOGEN (“AUTOGEN” or “Defendant”), states as follows:

1. AUTOGEN is willfully infringing upon NOCO’s trademark, copyrights,

2. NOCO is an Ohio corporation engaged in the design, manufacture, and

3. AUTOGEN is a corporation organized under the laws of Hong Kong and

compressors under the brand name “AUTOGEN”.

4. AUTOGEN is selling jump starters in the United States, using NOCO’s

copyright, and trademark claims pursuant to 28 U.S.C. § 1338(a).

substantial and related trademark claims.

7. This Court has supplemental jurisdiction, pursuant to 28 U.S.C. § 1367,

as NOCO’s trademark, patent, copyright, and unfair competition claims.

jurisdiction over AUTOGEN because, among other reasons, AUTOGEN regularly

State of Ohio, knowing that NOCO would be harmed here.

9. Additionally, AUTOGEN is subject to this Court’s exercise of personal

jurisdiction by operation of Fed. R. Civ. P. 4(k)(2).

AUTOGEN is not subject to any one state’s general jurisdiction.

11. And due process is satisfied as to AUTOGEN because it has intentionally

actively targeting United States customers, operating amazon.com’s U.S.-specific

12. Importantly, AUTOGEN operates the interactive website autogen.tech,

through which it actively solicits customers to enroll in AUTOGEN’s membership

to Amazon to complete their transactions.

13. AUTOGEN, through autogen.tech, sells to United States customers, as

14. AUTOGEN also sells to United States customers through Amazon, as

evidenced by reviews left by “verified purchasers” located in the United States1.

U.S. CUSTOMS RECORDS ORGANIZED BY COMPANY

2019-94-16 lllllOGEN TECtf<IOI.OGY MOLI IMP. BOOSTER CABLE BILL OF LADING

16. NOCO’s claims arise directly from AUTOGEN’s forum-related activity,

directly relevant to NOCO’s causes of action.

1 For example, “verified purchaser” reviews of AUTOGEN’s MJS111 3000A Jump

17. This Court’s exercise of personal jurisdiction over AUTOGEN is

reasonable because of AUTOGEN’s extensive and purposeful availment of this forum

and the relevance of AUTOGEN’s forum contacts.

18. Venue is proper pursuant to 28 U.S.C. § 1391(b) because a substantial

NOCO’s intellectual property.

States, in the battery jump starter market.

Letter is attached as Exhibit 1.

22. AUTOGEN responded on August 4, 2020 (the “Response Letter”),

competitive activity has not ceased, but has been expanding.

25. AUTOGEN’s trademark, copyright, and patent infringement is outlined

below, as are other aspects of AUTOGEN’s pervasive campaign of unfair competition,

such as its use of confusingly similar marketing materials.

property, including through registration of its trademarks.

28. At issue in this case is NOCO’s federally registered trademark

ULTRASAFE®, with Registration No. 4,811,656 (the “Trademark”). The Certificate of

Registration for the Trademark is attached as Exhibit 4.

packs, inverters” in International Class 009.

30. NOCO also obtained an international registration of the ULTRASAFE®

international registration’s summary is attached as Exhibit 5.

Figure 4: NOCO product listing for the GB40, available at no.co/gb40.

32. NOCO regularly monitors the marketplace to identify infringement,

origin of its products.

is infringing upon the Trademark.

THE TRADEMARK INFRINGEMENT

35. AUTOGEN is using the Trademark in connection with its advertisement,

course of performing retail services online.

36. Specifically, AUTOGEN is unlawfully and unfairly promoting its

competing products by using a phrase protected by NOCO’s Trademark, “ULTRA-

37. Screen captures depicting AUTOGEN’s product listings and associated

infringing material are included below as Figures 6 through 7.

Figure 6: Enlarged view of AUTOGEN’s infringing 4000A Jump Starter marketing

AUTOGEN Home About Products Support FAQs Contact Membership

38. As can be seen in Figures 6 and 7 above, AUTOGEN is using the

7. This Court has supplemental jurisdiction, pursuant to 28 U.S.C. § 1367,