IN THE UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

FT. LAUDERDALE DIVISION

CIVIL ACTION CASE NO. 20-CV-60871-RKA 

ONYX ENTERPRISES INT’L, CORP., a New 

Jersey corporation, 

Plaintiff, 

v. 

SLOAN INTERNATIONAL HOLDINGS CORP, 

a Florida corporation, and JONATHAN SLOAN, 

individually, 

Defendants. 

____________________________________________/

AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF 

Plaintiff Onyx Enterprises Int’l, Corp. (“Plaintiff” or “Onyx”), by and through undersigned 

counsel, hereby sues Defendants Sloan International Holdings Corp (“Sloan International”) and 

Jonathan Sloan (“Sloan” or “Mr. Sloan”) (collectively “Defendants”) and alleges as follows: 

INTRODUCTION

1. This case involves Defendants’ intentional and blatant infringement and 

counterfeiting of Onyx’s likeness and well-known trademarks, including CARiD® and other iD

marks (collectively, the “iD Marks”) used in connection with the sale of automotive parts and 

accessories. 

2. Defendants have been selling automotive parts and accessories under the name 

RIMSiD on www.RIMSiD.com. Defendants have been shamelessly and systematically 

incorporating and copying Onyx’s trademarks and likeness in order to hold itself out as an Onyx 

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brand, to mislead consumers into believing that RIMSiD is associated with Onyx’s iD brands, and 

to steal Onyx’s customers. 

3. Defendants’ infringement of Onyx’s distinctive trademarks and its unauthorized 

use of its likeness encroach upon any acceptable notion of fair competition. Therefore, Onyx 

brings this action for damages and injunctive relief for trademark counterfeiting, trademark 

infringement, unfair competition, false designation of origin, dilution, and cybersquatting pursuant 

to the Lanham Act (15 U.S.C. § 1051, et seq.), and trademark infringement, unfair competition, 

and deceptive trade practices pursuant to the common law of the State of Florida and the Florida 

Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.204, et seq.

PARTIES

4. Plaintiff Onyx is a corporation duly organized and existing under the laws of the 

State of New Jersey, with its principal place of business at 1 Corporate Drive, Suite C, Cranbury 

New Jersey 08512. 

5. Upon information and belief, Defendant Sloan International is a Florida corporation 

with a principal place of business at 14359 Miramar Parkway, Suite 237, Miramar, FL 33055. 

6. As of the filing of this Amended Complaint, although the principal place of 

business for Defendant Sloan International is a Florida address, the entity has been concealing its 

whereabouts and evading service since Plaintiff filed its first Complaint. 

7. Upon information and belief, Defendant Sloan International operates and controls 

the website www.RIMSiD.com. 

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8. Upon information and belief, Defendant Sloan is an individual resident of Florida 

State residing or maintaining a place of employment at 21493 NW 39th Ave., Miami Gardens, FL 

33055. 

9. As of the filing of this Amended Complaint, although Defendant Sloan is a resident 

of Florida with a Florida address, he has been concealing his whereabouts and evading service 

since Plaintiff filed its first Complaint. 

10. Upon information and belief, Defendant Sloan is the registered owner of the 

website www.RIMSiD.com. 

11. Upon information and belief, Defendant Sloan is the owner and registered agent of 

Sloan International and has authorized or directed the counterfeit and infringing activities of his 

company Sloan International as alleged herein. 

12. Despite designating 1493 NW 39th Ave., Miami Gardens, FL 33055 as Defendant 

Sloan International’s register agent’s address, no person would answer or accept service on 

Wednesday, May 6 and Tuesday, May 12 despite the requirements of Florida Statutes Section 

48.091. In particular, the May 6th attempt was made at 10:00 AM when the registered agent, 

Defendant Sloan is required to accept service per Section 48.091(2). (DE 14-1) 

13. Plaintiff has attempted, at least, nine times to serve Defendant Sloan International 

and Defendant Sloan via personal service of process utilizing two different process server firms 

(DEs 14-1, 14-3, 14-7) 

14. Both Defendants previously supplied the U.S. District Court of Colorado Case No. 

1:19-cv-2992-DDD-KLM in a prior-related action with another address, 21403 NW 39TH 

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Avenue, Miami Gardens, FL 33055 (DE 14). Both Defendants were personally served in that priorrelated action at 21403 NW 39TH Avenue, Miami Gardens, FL 33055. 

15. At 21403 NW 39TH Avenue, Miami Gardens, FL 33055 the Plaintiff’s process 

server located to motor vehicles, a Toyota and Lincoln, both registered to Defendant Sloan at 

21403 NW 39TH Avenue, Miami Gardens, FL 33055 (DE 14-3). 

16. During two different attempts at personal service when both vehicles were parked 

in the driveway of 21403 NW 39TH Avenue, Miami Gardens, FL 33055 no person would answer 

the door (DE 14-1, 14-7). During attempts on June 13 and July 20, a person could be seen in the 

window of the home (Id.). 

17. Contact cards of the process server were left at 21403 NW 39TH Avenue, Miami 

Gardens, FL 33055, but not person at the residence returned the call (DE 14-1). 

18. On July 18, 2020 a certified U.S. Mail envelope containing the summons and initial 

complaint was delivered and signed for at 21403 NW 39TH Avenue, Miami Gardens, FL 33055: 

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(DE 14-6). 

JURISDICTION AND VENUE

19. This is an action for federal trademark infringement, trademark counterfeiting, 

unfair competition, false designation of origin, dilution, and cybersquatting pursuant to 15 U.S.C. 

15 U.S.C. §1051, et seq. Accordingly, this Court has subject matter jurisdiction under 15 U.S.C. 

§ 1121 and 28 U.S.C. §§ 1331 and 1338. 

20. This Court has supplemental jurisdiction pursuant to 28 U.S.C. § 1367 over 

Plaintiff’s state and common law claims because those claims are so related to the federal claims 

that they form part of the same case or controversy. 

21. This Court has personal jurisdiction over Defendants because Defendant Sloan 

International is a Florida corporation with its corporate headquarters located in this Judicial 

District, and Defendant Sloan is a resident of Florida within the jurisdiction of this Judicial 

District. 

22. Venue is proper within this District pursuant to 28 U.S.C. § 1391(b) and (c) and 

under 28 U.S.C. § 1400(b) because Defendants both reside within this Judicial District for the 

purpose of venue determinations.

FACTUAL ALLEGATIONS

CREATION, GROWTH, AND SCOPE OF ONYX’S iD® MARK. 

23. As early as 2008, Onyx deployed its iD® Mark to brand its eCommerce platform 

designed to sell complex product portfolios. For more than a decade, Onyx has been singularly 

focused upon the creation of a unique, comprehensive, and reliable online customer experience for 

those seeking to purchase automotive products, both original equipment (“OE”) and aftermarket 

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parts. By reliably connecting consumers to millions of products from thousands of brands, Onyx 

drove consumer confidence in the purchase of automotive products online and established the iD®

brand as the leader in online automotive product sales. 

24. Onyx is a pure online retailer. When formed, the market for the online purchase of 

automotive parts was minimal. In 2008, Onyx launched its first iD® branded platform, 

www.CARiD.com, and funded a consistent and persistent effort to compete with traditional trade 

channels for the sale of automotive products by creating demand for products online. The 

following screen shot is a capture from www.archive.org, known popularly at The Way Back 

Machine. It depicts the earliest ID eCommerce Platform for the sale of automotive products and 

accessories: 

(Screenshot from The Way Back Machine, March 21, 2009) 

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25. To compete with traditional automotive retailers and create consumer confidence 

for the online purchase of automotive products, Onyx invested hundreds of millions of dollars 

marketing and developing its brand, constructing a proprietary platform coupled with a 

comprehensive product catalog featuring millions of OE/AM products from thousands of brands. 

Onyx also integrated customer service and consumer education components to create a 

comprehensive online experience that customers enjoy and companies respect. 

26. Through this effort, Onyx has grown the iD® brand into one of the largest online 

retailers of automotive products in the United States. At the time it was formed in 2008, online 

traffic for the sale of automotive products was virtually non-existent, as depicted below. Today, 

Onyx receives over 10 million visitors to its site each month, nearly three times its closest online 

direct competitor. 

27. Figure 1 is a graphical representation from a SpyFu, Inc.1 demonstrating the number 

of monthly SEO clicks directed at the top pure online retailers from 2006 through the present. See

Exhibit 5, Decl. of Aaron P. Bradford, Attachment 1. Using only www.CARiD.com, Onyx 

represents the top performer as represented by the top, red line below: 

1

Figures 1–5 were derived from analysis tools available at www.spyfu.com,a third party with 

which Onyx has no relationship. Figures 1-5 were generated using various publicly available 

competitor information. Figures 1-5 are provided to demonstrate the relative market position of 

the selected domains over time. Figures 1-5 were not produced using data maintained by Onyx.

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FIGURE 1 

28. Figure 2 is a graphical representation of the number of monthly clicks directed at a 

comparison of the top online retailers, with Onyx as the top line, from 2015 through the present. 

See Exhibit 5, Bradford Decl., Attachment 2. 

FIGURE 2 

29. After Onyx launched its iD® platform in 2008, traditional automotive product 

retailers such as AutoZone, Advanced Auto Parts, O’Reilly Auto/Pep Boys, and NAPA started to 

heavily invest in eCommerce. Specialty brick and mortar retailers, such as 4 Wheel Parts and 

others, also followed suit. Figure 3 is a graphical representation of the performance, expressed in 

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terms of monthly clicks, of the top six traditional retailers’ domains from 2006 through the present. 

See Exhibit 5, Bradford Decl., Attachment 3. 

FIGURE 3 

30. Through its concerted campaign to drive its iD® Mark to the center of consumer 

purchasing for automotive parts and accessories, Onyx has outperformed all traditional retailers 

online other than AutoZone. See Exhibit 5, Bradford Decl., Attachment 4. Onyx is again 

represented by the red line, which is just below AutoZone: 

FIGURE 4 

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31. Figure 4 is a graphical representation of the number of monthly clicks on the 

indicated domains from 2015 through the present. 

32. To achieve these results, Onyx committed substantial resources to ensure that it 

would perform relative to its competition, both authorized VW dealerships, traditional retailers 

and the field of pure eCommerce retailers. 

33. To maintain its position relative to eCommerce and traditional retailers, Onyx has 

similarly outspent the competition to drive traffic to its iD® Branded platforms. Onyx has spent 

nearly $200 million in marketing its brand. 

34. As a result of its efforts, Onyx’s online presence exceeds the profiles of its top 

online competitors according to SpyFu’s Kombat feature: 

FIGURE 5 

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35. Like the end consumer, most automotive product manufacturers, both OE and 

aftermarket, associate the iD® brand with Onyx and its unique, comprehensive, and reliable 

eCommerce platform. Authorized dealerships regularly turn to Onyx’s platforms to source 

original parts as well as aftermarket parts. Onyx works with manufacturers and distributors of OE 

and aftermarket products to build educational tools and product pages to connect the right 

customer, with the right brand, for the right car. The Brands associate the iD® Mark with quality 

service and professional product placement. 

36. The substantial brand power behind the iD® Mark that has been developed for over 

a decade is reflected in a consistent commercial impression: When consumers and/or Brands see 

the iD® Mark with its unique properties and design elements, they know to expect quality, service, 

and professionalism, deriving from a very specific and distinguishable source. 

37. Leveraging its famous mark and the goodwill customers associate with the iD®

brand, Onyx expanded its suite of eCommerce platforms into other complex market product 

portfolios. 

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38. For example, Onyx developed and released its MOTORCYCLEiD® mark in July 

2018. Similar to CARiD®, MOTORCYCLEiD® conveys to customers that they can come to 

Onyx—and MOTORCYCLEiD®—to identify the unique parts and pieces that are suited for that 

customer’s particular motorcycle. 

39. For example, Onyx developed and released its TRUCKiD® mark in July 2018. 

Similar to CARiD®, TRUCKiD® conveys to customers that they can come to Onyx—and 

TRUCKiD®—to identify the unique parts and pieces that are suited for that customer’s particular 

semi-truck or other oversized or commercial vehicle. 

40. Onyx’s iD® Mark and the reputation it has developed in association with its iD®

trademark and iD® brand have grown over time and as the quality of its products and services have 

become legend. To protect these rights and the good will they engender, Onyx has registered the 

following marks: BOATiD®, CAMPERiD®, MOTORCYCLEiD®, POWERSPORTSiD®, 

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RECREATIONiD®, STREETiD®, TOOLSiD®, and TRUCKiD®. Onyx has launched associated 

eCommerce platforms utilizing the same trade dress. 

www.BOATiD.com

www.CARiD.com

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www.CAMPERiD.com

www.MOTORCYCLEiD.com

www.POWERSPORTSiD.com

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www.RECREATIONiD.com

www.TOOLSiD.com

41. Onyx’s CARiD® branded services have received consistently high ratings. 

42. Onyx has an “Elite” rating of 9.5/10 out of about 102,877 reviews on 

www.ResellerRatings.com. Based on the reviews submitted within the last six months, Onyx’s 

CARiD® branded services has an average customer service rating of 9.09/10 and a “chance of 

future purchase” rating of 8.99/10. 

43. Onyx has an “A+” rating with the Better Business Bureau. 

44. Onyx has a 4.7 out of 5 on Google Reviews based upon just under 10,000 reviews. 

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45. Onyx’s CARiD® Facebook page currently has a 4.4/5 rating out of about 20,088 

reviews. 

46. The CARiD® Instagram account currently has approximately 39,000 followers 

while the CARiD® Facebook account currently has over 2.5 million followers. The CARiD® 

YouTube Channel has over 69,100 subscribers and over 35.6 million views. 

47. As a result of its efforts, including its extensive financial investment, Onyx has 

made a substantial amount of sales through its iD® brand in the United States and abroad. Sales 

of products sold through Onyx’s CARiD® and other iD® branded services have far exceeded those 

of the majority Onyx’s direct competitors in the United States and abroad. 

ONYX’S INTELLECTUAL PROPERTY PROTECTIONS. 

48. In addition to the strong consumer recognition, the iD® brand enjoys substantial 

state and federal trademark protections given its ubiquitous and consistent use since 2008. Onyx 

is the registered owner of the federal trademark registration for the stylized “iD” logo (Reg. No. 

5658672) for “Wholesale distributorships featuring automotive parts and accessories; retail store 

services featuring automotive parts and accessories; online retail store services featuring 

automotive parts and accessories.” See Exhibit 6. 

49. Onyx owns the trademark registration for its newly-stylized iD® logo (Reg. No. 

5804750), shown below, for “Distributorship services featuring parts and accessories for land 

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vehicles and water vehicles; Distributorship services featuring goods for travel and outdoor 

recreational activities; Distributorship services featuring tools.” 

50. This application received no opposition and was registered on the Principal Register 

on July 16, 2019. Onyx has been using this newly stylized iD® logo in some version in connection 

with its multiple retail platforms since at least 2013. 

51. Onyx is further the registered owner of the federal trademark, wordmark, and 

registration for CARiD® (Reg. No. 3711746) for “Wholesale distributorships featuring automotive 

accessories; retail store services featuring automotive accessories; online retail store services 

featuring automotive accessories.” Onyx has been consistently using this trademark in connection 

with its eCommerce platform since at least 2008. 

52. Registration No. 3711746 is “incontestable” under § 15 U.S.C. § 1065, and thereby 

is conclusive evidence of the validity of the registered mark and of Onyx’s ownership of the mark. 

53. Onyx owns U.S. Trademark Registrations and pending U.S Trademark 

Applications for the following marks, copies of which are attached as Exhibit 6: 

MARK Reg./Ser. No. Goods & Services 

CARID Reg. No. 3711746 IC 035: Wholesale distributorships featuring 

automotive accessories; retail store services 

featuring automotive accessories; online retail 

store services featuring automotive accessories. 

(Date of First Use: at least as early as March 10, 

2009) 

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Reg. No. 5804750 IC 035: Distributorship services featuring parts 

and accessories for land vehicles and water 

vehicles; Distributorship services featuring goods 

for travel and outdoor recreational activities; 

Distributorship services featuring tools. (Date of 

First Use: at least as early as June 1, 2018) 

Reg. No. 5658672 IC 035: Wholesale distributorships featuring 

automotive parts and accessories; retail store 

services featuring automotive parts and 

accessories; online retail store services featuring 

automotive parts and accessories. (Date of First 

Use: at least as early as September 1, 2013) 

Ser. No. 87412406 IC 002: Sealer coatings for use in the sealing of 

vehicle parts and during vehicle repairs; coatings 

for industrial purposes, namely, paints, aerosol 

paints, rust treatment coatings, undercoats in the 

nature of industrial sealants for waterproofing and 

surface hardening, insulation coatings, and 

rubberized coatings in the nature of industrial 

sealants for waterproofing and surface hardening; 

anti-corrosive oils 

IC 003: Chemical cleaners directed to the vehicle 

industries; windshield washing fluid; vehicle and 

car wax preparations 

IC 004: Motor vehicle lubricants; Rust penetrant 

lubricants for vehicle exhaust systems, for hood 

release cables, for nuts and bolts, for shock 

absorbers, and other clips and cables of vehicles; 

penetrating oil; vehicle lubricants; vehicle 

lubricating greases; lubricating oils; automotive 

lubricants 

IC 007: Vehicle equipment, namely, engine 

mufflers, spark plugs, gaskets, and chucks for 

power-operated drills; metal engine gaskets for 

vehicles 

IC 009: Batteries for motor vehicles; battery 

maintenance equipment, namely, cables, lugs, 

connectors, terminals, hardware, protectors, cable 

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assemblies, bolts, and booster cables; battery 

chargers for motor vehicles 

IC 012: ATVs (all terrain vehicles); automobiles 

and structural parts therefor; brake discs for 

motorcycles; motor scooters and structural parts 

therefor; motorcycle drive chains ; motorcycle foot 

pegs; motorcycle sprockets; motorcycles and 

structural parts therefor; motorized bicycles; 

motorized dirt bikes for motocross and dune 

buggies; motorized vehicles, namely, go-carts; 

parts of motorcycles, namely, brake cables; parts 

of motorcycles, namely, brake calipers; parts of 

motorcycles, namely, brake levers; parts of 

motorcycles, namely, brake master cylinder 

assemblies; parts of motorcycles, namely, brake 

rotors; parts of motorcycles, namely, clutch cables; 

parts of motorcycles, namely, clutch master 

cylinder assemblies; parts of motorcycles, namely, 

handle bar grips; parts of motorcycles, namely, 

handle bar throttles; parts of motorcycles, namely, 

handle bar grips; parts of motorcycles, namely, 

handle bars; parts of motorcycles, namely, master 

cylinders; parts of motorcycles, namely, shift 

levers; parts of motorcycles, namely, brake master 

cylinder assemblies; parts of motorcycles, namely, 

clutch master cylinder assemblies; vehicle parts, 

namely, rearview mirrors; push scooters and 

structural parts therefor 

IC 025: Clothing, namely, t-shirts, sweatshirts, 

headwear and footwear 

BOATiD Reg. No. 5888908 IC 035: Online retail store services featuring 

consumer products, electronics, parts and 

accessories for boats and water vehicles, boat 

safety, and boat maintenance; computerized online 

ordering featuring general merchandise and 

general consumer goods for boats and water 

vehicles, boat safety, and boat maintenance 

CAMPERiD Reg No. 58889090 IC 035: Online retail store services in the field of 

outdoor consumer products, equipment, parts and 

accessories used with, or in association with, 

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recreation vehicles, campers, cooking, towing, and 

other outdoor recreational activities; Online retail 

store services in the field of general merchandise 

and general consumer goods used for outdoor 

recreational activities 

MOTORCYCLEiD Reg. No. 5787890 IC 035: Online retail store services featuring 

consumer products, electronics, apparel, protective 

wear, parts and accessories for motorcycles, dirt 

bikes, motocross bikes, scooters, and three-wheel 

bikes; computerized online ordering featuring 

general merchandise and general consumer goods 

including those used with motorcycles, dirt bikes, 

motocross bikes, scooters, and three-wheel bikes 

(Date of First Use: at least as early as July 1, 2018) 

POWERSPORTSiD Reg. No. 5787889 IC 035: Online retail store services featuring 

consumer products, electronics, parts and 

accessories for powersports, namely, boating, 

snowmobiling, motorcycling, utility terrain 

vehicles, watercrafts, off-road vehicles, and allterrain vehicles; computerized online ordering 

featuring general merchandise and general 

consumer goods including those used in support of 

powersports 

(Date of First Use: at least as early as July 1, 2018) 

RACINGiD Ser. No. 88303678 IC 035: On-line retail store services featuring a 

wide variety of consumer goods of others; Online 

retail store services featuring consumer products, 

electronics, parts and accessories for land and 

water vehicles used for racing or high performance 

travel; Computerized online ordering featuring 

general consumer merchandise 

RECREATIONiD Reg. No. 5888910 IC 035: Online retail store services in the field of 

consumer products, shoes, electronics, equipment, 

parts and accessories used with, or in association 

with, walking, camping, backpacking, hiking, 

tailgating, cooking, hunting, fishing, biking, 

towing, and other outdoor recreational activities; 

Online retail store services in the field of general 

merchandise and general consumer goods used for 

outdoor recreational activities 

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STREETiD Reg. No. 5850420 IC 035: On-line retail store services featuring a 

wide variety of consumer goods of others. 

TOOLSiD Reg. No. 5888911 IC 035: Online retail store services featuring 

consumer products, electronics, parts and 

accessories associated with tools, namely, power 

tools, hand tools, lawn and garden tools, air tools, 

automotive tools, and construction tools; Online 

retail store services in the field of general 

merchandise and general consumer goods used for 

or with tools 

TRUCKiD Reg. No. 5787891 IC 035: Online retail store services in the field of 

electronics, consumer products, parts and 

accessories directed to, or used in association with, 

trucks, semi-trucks, semi-tractor trailers, fifth 

wheels, trailers and towing; computerized online 

ordering featuring general merchandise and 

general consumer goods for those in the field of 

trucks, semi-trucks, semi-tractor trailers, fifth 

wheels, trailers and towing 

(Date of First Use: at least as early as July 1, 2018) 

54. The various iD® brands of Onyx have become distinctive and well-known in the 

industry as a symbol of its goodwill with manufacturers, distributors, resellers, industry 

publications, and consumers of vehicle parts and accessories. The breadth and scope of Onyx’s 

offerings is extensive, and many of the parts comprising a vehicle could be purchased through the 

platform. As a result, its stylized iD® Mark has become famous and a strong indicator of source 

and affiliation. 

55. Onyx also owns valid and subsisting common law rights in the marks depicted 

below, which Onyx has continuously used in interstate commerce for many years: 

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56. Onyx has also enforced its intellectual property rights to ensure the integrity and 

strength of its iD® Brands. Apart from informal enforcement, Onyx has taken steps to protect the 

ID Brand in the following actions: 

a. Onyx Enters. Int’l, Corp. v. Guangzhou Zezhong Elecs. Co., Ltd., No. 1:18-cv03226 (D. Colo. filed Dec. 14, 2018). 

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b. Onyx Enters. Int’l, Corp. v. Sloan Int’l Holdings Corp., No. 0:20-cv-60871-RKA 

(S.D. Fla. filed Apr. 29, 2020). 

c. Onyx Enters. Int’l, Corp. v. ID Parts, Inc., No. 1:20-cv-11253 (D. Mass. filed 

June 30, 2020). 

d. Onyx Enters. Int’l, Corp. v. ID Auto, LLC, No. 1:20-cv-05022 (S.D.N.Y. filed 

June 30, 2020). 

e. Onyx Enters. Int’l, Corp. v. KhodroID, No. 2:20-cv-08179 (D. N.J. filed July 2, 

2020). 

Defendants’ Acts of Counterfeiting and Infringement 

57. On or around March 30, 2012, Defendant Sloan registered the domain for 

www.RIMSiD.com. 

58. Soon thereafter, Defendant Sloan launched the RIMSiD website and began 

distributing and selling aftermarket automotive parts and accessories, including but not limited to 

tires, wheels, and wheel caps throughout the United States under the infringing RIMSiD mark. 

59. On or around September 23, 2018, Defendant Sloan incorporated Sloan 

International. Defendant Sloan is the owner of Sloan International and has authority and control 

over the actions of Sloan International. 

60. Upon information and belief, after its incorporation, Sloan International assumed 

operation and control of the RIMSiD website, social media accounts, and retail services provided 

under the RIMSiD mark. 

61. Upon information and belief, Defendant Sloan is still the registered owner of the 

RIMSiD website. 

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62. Upon information and belief, at all times relevant hereto, Defendants in this action 

had full knowledge of Onyx’s ownership of the iD Marks, including Onyx’s respective, exclusive 

rights to use and license such intellectual property and the goodwill associated therewith. 

63. Defendant Sloan, individually and through Sloan International, has intentionally 

misappropriated Onyx’s trademarks, likeness, and goodwill through the unlawful use of Onyx’s 

iD Marksto distribute and sell automotive parts and accessories. 

64. Defendants have and continue to distribute and sell identical and/or similar 

automotive parts and accessories as Onyx. 

65. Defendants have and continue to market their retail services in the same channels 

of trade as Onyx and to the same types of consumers. 

66. The RIMSiD website, social media accounts, and marks directly incorporate 

Onyx’s iD Marks and/or are confusingly similar variants of Onyx’s iD Marks, as depicted in the 

below side-by-side comparisons: 

Onyx’s iD Marks Defendants’ RIMSiD Mark 

CARID 

(Reg. No. 3711746 CARID) 

(as depicted on www.CARiD.com) 

(Reg. No. 5804750) 

(as depicted on www.CARiD.com) 

(as used on www.RIMSiD.com on 

06/06/2019)

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(as depicted on www.BOATiD.com) 

(as depicted on www.CAMPERiD.com) 

(as depicted on 

www.MOTORCYCLEiD.com) 

(as depicted on 

www.POWERSPORTSiD.com) 

(as depicted on www.RECREATIONiD.com) 

(as depicted on www.TOOLSiD.com) 

(as depicted on www.TRUCKiD.com) 

(Reg. No. 5658672) 

(as currently used for the www.RIMSiD.com 

website thumbnail) 

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(as posted to the CARiD® Facebook Account) 

(as depicted on www.mkwwheels.com, listing 

CARiD® as an authorized dealer) 

(as depicted on www.CARiD.com) 

(as used on www.RIMSiD.com on 

06/06/2019) 

(as depicted in the current RIMSiD Facebook 

account profile picture) 

(as depicted in the current RIMSiD Facebook 

account cover photo) 

(as depicted in the current RIMSiD Instagram 

account profile picture) 

(as depicted in the current RIMSiD Twitter 

account profile picture) 

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(as depicted in the current RIMSiD Youtube 

account profile picture) 

67. True and correct copies of the website screenshots for Onyx’s current CARiD, 

BOATiD, CAMPERiD, MOTORCYCLEiD, POWERSPORTSiD, RECREATIONiD, TOOLSiD, 

and TRUCKiD websites depicting the above-referenced iD marks are attached as Exhibit E. A 

true and correct copy of the website screenshot for the CARiD® Facebook Account depicting the 

above-referenced CARiD® mark can be found in Exhibit C. A true and correct copy of the website 

screenshot for the MKW Wheels website, which lists CARiD® as an authorized dealer, is attached 

as Exhibit F.

68. A true and correct copy of the website screenshot for the RIMSiD website, as 

captured on June 6, 2019, is attached as Exhibit G. A true and correct copy of the website 

screenshot showing Defendants’ RIMSiD thumbnail as it appears on the current RIMSiD website 

is attached as Exhibit H. True and correct copies of the website screenshots for the RIMSiD 

Facebook, Instagram, Twitter, and YouTube accounts are attached as Exhibit I. 

69. Upon information and belief, Defendant Sloan initially created the RIMSiD website 

and name with the intention of creating consumer confusion and passing off the RIMSiD retail 

service as being associated with Onyx’s CARiD® brand. 

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70. Not only are Defendants currently infringing upon the stylized iD Marks owned by 

Onyx, but Defendants have been purposefully and systematically copying Onyx’s iD Marks as 

well as the CARiD® brand’s likeness since as early as 2013, if not earlier. 

71. Below is a side-by-side comparison, showing some examples of Defendants’ 

systematic copying and imitation of Onyx’s iD Marks and likeness through the years: 

(as depicted on www.CARiD.com on 

04/06/2009) 

(as depicted in the 03/25/2013 CARiD 

Facebook account profile picture) 

(as depicted on www. RIMSiD.com on 

05/7/2013) 

(as depicted on www.CARiD.com 

on 06/02/2011) 

(as depicted on www. RIMSiD.com on 

05/7/2013) 

(as depicted on www.CARiD.com 

on 8/04/2014) 

(as depicted on www. RIMSiD.com on 

10/7/2014) 

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(as depicted on www.CARiD.com on 

06/21/2014) 

(as depicted on www.CARiD.com 

on 06/29/2015) 

(as depicted on www. RIMSiD.com on 

10/17/2015) 

(as depicted on www.CARiD.com 

on 06/04/2018) 

(as depicted on www. RIMSiD.com on 

01/22/2019) 

72. True and correct copies of the archived website versions for www.CARiD.com as 

retrieved from www.web.archive.org and are attached as Exhibit J. A true and correct copy of 

the website screenshot for the CARiD® Facebook account depicting the account profile photo on 

March 23, 2013 can be found in Exhibit C. True and correct copies of the archived website 

versions for www.RIMSiD.com as retrieved from www.web.archive.org and are attached as 

Exhibit K. 

73. At all relevant times, Onyx began using its iD Marks, as depicted in Paragraph 51, 

prior to Defendants’ use of the RIMSiD marks depicted in Paragraph 51. 

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74. Throughout the years, after Onyx would create and begin using a new CARiD® or 

iD design, Defendants would knowingly and deliberately change its RIMSiD marks to match 

and/or incorporate features from the new CARiD® or iD design. 

75. Defendants’ RIMSiD marks mimic the same or substantially indistinguishable font, 

word arrangements, and stylistic elements as those appearing in Onyx’s iD Marks. 

76. For example, the below RIMSiD mark utilizes the same font and style for “iD” such 

as depicted in Onyx’s iD mark, U.S. Reg. No. 5804750. 

77. As another example, comparing the two marks below, the RIMSiD mark: 

(a) utilizes the same font for “RIMSiD” as is used in “CARiD”; 

(b) has the same “sheen” in the term “iD” that is used in “CARiD”; 

(c) has an identical arrangement of words; 

(d) has the same phonological and morphological structure, as the prefix of the 

mark serves as the overall categorical goods to be sold, while the suffix “iD” 

serves as the brand recognition; 

(e) utilizes the same font for the phrase underneath the term “RIMSiD” as the 

phrase underneath the “CARiD”; 

(f) has a similar two-color theme; and 

(g) has the last two words in the phrase underneath the term “RIMSiD” in the same 

color as “iD”, similar to the CARiD mark. 

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78. The marks depicted in Paragraph 57 are identical except Defendant’s RIMSiD mark 

utilizes the word “RIMS”, has different words in the phrase underneath it, and uses the color blue 

instead of green. 

79. Defendants have also copied the look and feel of Onyx’s websites: 

 www.CARiD.com www. RIMSiD.com 

 (captured 06/05/2019) (captured 06/05/2019) 

80. Defendants have acted purposefully and in bad faith to usurp the substantial 

goodwill that Onyx has developed under its iD Marks to confuse and deceive consumers into 

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believing that the RIMSiD website and services are in some way affiliated or connected to Onyx’s 

iD brands when they are not. 

81. Defendants have made and will continue to make substantial profits and gains off 

of the goodwill and value Onyx has acquired through their iD Marks, to which the Defendants are 

not in law or equity entitled. 

82. Onyx is not affiliated or connected with Defendant or its services, nor has Onyx 

endorsed or sponsored Defendants or their services. 

83. Onyx has not in any way authorized Defendants’ use of Onyx’s iD Marks or 

likeness. 

84. Onyx has no control over the nature and quality of the services or goods that 

Defendants provide through the RIMSiD website or marks. 

85. Upon information and belief, Defendants do not provide services through the 

infringing and counterfeit RIMSiD website or marks that meet the high standard and quality that 

consumers have come to associate with Onyx’s iD brands. See Exhibit L, which is a true and 

correct copy of a negative consumer review of Defendants’ RIMSiD services. 

86. Defendants’ use of the infringing and counterfeit RIMSiD website and marks, and 

their associated failure to meet the high standard and quality of the services associated with Onyx’s 

iD Marks, have and continue to cause harm to the goodwill symbolized by Onyx’s iD Marks and 

the reputation for quality and excellence that they embody. 

87. On June 17, 2019, shortly after discovering Defendant’s use of the infringing and 

counterfeit RIMSiD website and marks, Onyx put Defendants on notice of Onyx’s rights in its iD 

Marks and requested that Defendants cease using the infringing and counterfeit RIMSiD website 

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and marks. Onyx sent a second notice to Defendants on July 8, 2019. Defendants acknowledged 

receipt of both notices via return reply on July 17, 2019. 

88. Rather than cease using the infringing and counterfeit RIMSiD website and marks 

as requested, Defendants attempted to hide its infringing and counterfeit use of Onyx’s iD Marks 

by scrubbing the RIMSiD website of the blatantly copied logo designs. 

89. After receiving the notice of infringement, Defendants changed the RIMSiD mark 

on the RIMSiD website to the below and denied ever using any copied logo designs. 

90. Defendant’s use of this new RIMSiD mark design fails to mitigate the likelihood 

of confusion with Onyx’s iD Marks, especially considering Defendants’ long-standing and 

repeated imitation of Onyx’s iD Marks. 

91. Furthermore, the current RIMSiD website still depicts the infringing and 

counterfeit thumbnail logo below. See Exhibit H. 

92. The RIMSiD Facebook, Instagram, Twitter, and YouTube accounts also currently 

still depict the infringing and counterfeit logos as shown in Exhibit I. 

93. Defendants continue to advertise, market, and sell competing automotive parts and 

accessories in the same industry and through the same channels of trade using its infringing and 

counterfeit RIMSiD website and marks. 

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94. Defendants’ actions have diluted and severely injured Onyx’s iD Marks. 

95. Absent injunctive relief, Onyx will continue to suffer irreparable harm in the loss 

of control of its reputation and goodwill in its iD Marks. 

96. This and all other damage to Onyx’s reputation and goodwill in its iD Marks 

resulting from the conduct alleged in this action cannot be easily quantified nor could it be undone 

through an award of money damages alone. 

COUNT ONE

Federal Trademark Counterfeiting and Infringement in Violation of 15. U.S.C. § 1114 

(Against Both Defendants) 

97. Onyx incorporates the allegations in Paragraphs 1 through 76 as if fully set forth 

herein. 

98. This cause of action arises under Section 32(1)(a) and (b) of the Lanham Act, 15 

U.S.C. § 1114. 

99. Onyx is the owner of all right, title, and interest in, to and under its iD Marks, and 

all goodwill appurtenant thereto. 

100. Defendants have, without Onyx’s consent, used counterfeit and colorable 

imitations of Onyx’s federally registered iD Marks in commerce on or in connection with the sale, 

offering for sale, distribution, and/or advertising of goods and/or services for the sale of 

automotive parts and accessories. 

101. Defendants have, without Onyx’s consent, used spurious designations that are 

identical with and/or substantially indistinguishable from Onyx’s iD marks, as registered under 

U.S. Registration Nos. 5804750 and 5658672, on or in connection with distributorship and retail 

store services featuring automotive parts and accessories. 

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102. Defendants have, without Onyx’s consent, used spurious designations that are 

colorable imitations of Onyx’s iD marks, as registered under U.S. Registration Nos. 3711746, 

5787890, 5787889, and 5787891, on or in connection with distributorship and retail store services 

featuring automotive parts and accessories. 

103. The Defendants’ unauthorized use of the Onyx’s federally registered iD Marks is 

likely to cause confusion, mistake, or deception; cause the public to believe that Defendants’ 

services are authorized, sponsored or approved by Onyx when they are not; and result in the 

Defendants unfairly and illegally benefitting from Onyx’s goodwill. 

104. Defendants’ knowing, intentional, unlicensed, unconsented to, and otherwise 

unauthorized use of Onyx’s iD Marks and/or substantially indistinguishable variations thereof on 

and in connection with distributorship and retail store services constitutes counterfeiting and 

infringement of Onyx’s iD Marks in commerce, in violation of 15 U.S.C. § 1114. 

105. The activities of Defendants complained of herein constitute willful and intentional 

counterfeiting and infringement of Onyx’s iD Marks in total disregard of Onyx’s proprietary rights 

and were done despite Defendants’ knowledge that use of these marks or any reproduction, copy, 

or colorable imitation thereof was and is in direct contravention of Onyx’s rights. Even though 

Defendants received notice of its infringement, Defendants intentionally and willfully continue 

their unauthorized use of the registered iD marks. Onyx is therefore entitled to statutory and treble 

damages. 

106. Defendants’ unlawful actions have caused and are continuing to cause Onyx 

irreparable injury and monetary damages. 

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107. As a direct and proximate result of Defendants’ conduct, Onyx has been and is 

likely to be substantially injured in its business, including its goodwill and reputation acquired 

under the iD Marks and brands, resulting in lost revenues and profits and diminished goodwill. 

108. Onyx has no adequate remedy at law and, if Defendants’ activities are not 

preliminarily and permanently enjoined, Onyx will continue to suffer irreparable harm and injury. 

109. Onyx is therefore entitled to recover actual and treble damages, attorney fees, costs 

pursuant to 15 U.S.C. § 1117 and injunctive relief pursuant to 15 U.S.C. § 1116. 

COUNT TWO

Federal Trademark Infringement, Unfair Competition, and False Designation of Origin in 

Violation of 15. U.S.C. § 1125(a) 

 (Against Both Defendants) 

110. Onyx incorporates the allegations in Paragraphs 1 through 76 as if fully set forth 

herein. 

111. This cause of action arises under Section 43(a) of the Lanham Act, 15 U.S.C. § 

1125(a), et seq.

112. Onyx is the owner of all right, title, and interest in, to and under its iD Marks, and 

all goodwill appurtenant thereto. 

113. Onyx’s iD Marks have been continuously and widely used by Onyx nationwide and 

abroad and on its website. Onyx intends to preserve and maintain its rights to the iD Marks and 

to continue the use of the iD Marks in connection with its distributorship and retail store services 

relating to the distribution and sale of automotive parts and accessories. 

114. By virtue of the renown of the iD Marks, the iD Marks have developed secondary 

meaning and significance in the mind of the relevant public. Goods and services associated with 

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the iD Marks are immediately associated by the purchasing public with Onyx’s iD brands and its 

automotive parts and accessories-based e-commerce platforms. 

115. Without Onyx’s consent, Defendants have and continue to use identical and/or 

confusingly similar imitations of Onyx’s iD Marks in interstate commerce in connection with the 

promotion, advertisement, and operation of identical distributorship and retail store services 

featuring automotive parts and accessories. 

116. Defendants’ unauthorized use of Onyx’s iD marks and/or confusingly similar 

variations thereof, is causing and is likely to continue to cause confusion, or to cause mistake, or 

to deceive, consumers and the relevant public into falsely believing that Defendants are affiliated, 

connected, or associated with Onyx’s iD brands and the iD Marks. 

117. The acts of Defendants as alleged herein and above constitute trademark 

infringement, unfair competition, false representation, and/or false designation of origin in 

violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). 

118. Defendants have engaged in this conduct knowingly, willfully, and in bad faith, in 

total disregard of Onyx’s proprietary rights. Even though Defendants received notice of 

its infringement, Defendants intentionally and willfully continued their unauthorized use of 

Onyx’s iD marks. Onyx is therefore entitled to statutory and treble damages. 

119. Defendants’ conduct has deprived Onyx of its rightful ability to control the quality 

of goods and services uniquely associated with Onyx’s iD Marks and to ensure that their 

associated, valuable goodwill, and reputation are protected. Defendants’ unlawful actions have 

caused and are continuing to cause Onyx irreparable injury and monetary damages. 

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120. As a direct and proximate result of Defendants’ conduct, Onyx has been and is 

likely to be substantially injured in its business, including its goodwill and reputation acquired 

under the iD Marks and brands, resulting in lost revenues and profits and diminished goodwill. 

121. Onyx has no adequate remedy at law and, if Defendants’ activities are not 

preliminarily and permanently enjoined, Onyx will continue to suffer irreparable harm and injury. 

122. Onyx is therefore entitled to recover actual and treble damages, attorney fees, and 

costs pursuant to 15 U.S.C. § 1117 and injunctive relief pursuant to 15 U.S.C. § 1116. 

COUNT THREE

Federal Trademark Dilution in Violation of 15 U.S.C. § 1125(c) 

(Against Both Defendants) 

123. Onyx incorporates the allegations in Paragraphs 1 through 76 as if fully set forth 

herein. 

124. Onyx’s iD marks are famous and were famous before Defendants’ first commercial 

use of their counterfeit and confusingly similar RIMSiD domain and RIMSiD marks, within the 

meaning of Section 43(c) of the Lanham Act, 15 U.S.C. § 1125, based on extensive sales and 

advertising under Onyx’s iD Marks. 

125. Defendants have willfully and intentionally used and continue to use the iD Marks 

or confusingly similar variations thereof in connection with the advertisement, promotion, and sale 

of Defendants’ goods and services under the RIMSiD domain and RIMSiD marks. 

126. Defendants’ use of Onyx’s iD Marks and confusingly similar variations thereof, 

have diluted and are likely to dilute, the distinctive quality of the iD Marks, causing them to be 

blurred in the minds of consumers and to lose their commercial significance as a designation of 

source and origin. This is particularly disturbing as Defendants have poor reviews published 

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online, all of which dilute the goodwill and value in the Onyx brand as a result of the confusion, 

mistake, and deception. 

127. Defendants’ use of Onyx’s iD Marks and confusingly similar variations thereof, 

has weakened, and is likely to weaken, the commercial magnetism of Onyx’s iD Marks and to 

diminish their ability to evoke their original associations. 

128. By Defendants’ conduct, Defendants have diluted, and are diluting, the selling 

power of Onyx’s iD Marks by blurring their uniqueness and singularity, and by tarnishing them 

with negative associations, in violation of 15 U.S.C. § 1125(c). 

129. Defendants have used and continue to use Onyx’s iD Marks and confusingly similar 

variations thereof, willfully and with the intent to dilute the iD Marks, and with the intent to trade 

on the reputation and goodwill of Onyx’s iD Marks. 

130. As a direct and proximate result of Defendants’ conduct, Onyx has suffered 

irreparable harm. 

131. Onyx has no adequate remedy at law and, if Defendants’ activities are not 

preliminarily and permanently enjoined, Onyx will continue to suffer irreparable harm and injury. 

132. Onyx is therefore entitled to recover actual and treble damages, attorney fees, and 

costs pursuant to 15 U.S.C. § 1117 and injunctive relief pursuant to 15 U.S.C. § 1116. 

COUNT FOUR

Cybersquatting in Violation of 15. U.S.C. § 1125(d) 

(Against Both Defendants) 

133. Onyx incorporates the allegations in Paragraphs 1 through 76 as if fully set forth 

herein. 

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134. The domain name RIMSiD.com is confusingly similar to Onyx’s registered 

CARiD® word mark, which was distinctive and/or famous at the time Defendant Sloan registered 

the RIMSiD.com domain name. 

135. Defendant Sloan registered and used the RIMSiD.com domain name knowing it 

was confusingly similar to Onyx’s CARiD® word mark. 

136. Defendant Sloan International, as authorized and directed by Defendant Sloan, 

continued to use the RIMSiD.com domain name knowing it was confusingly similar to Onyx’s 

CARiD® word mark. 

137. Defendants have acted with bad-faith intent to profit from the CARiD® word mark 

and the goodwill associated with it by registering and using the domain name RIMSiD.com. 

138. Defendants’ activities as alleged herein and above constitute cybersquatting in 

violation of § 43(d) of the Lanham Act, 15 U.S.C. § 1125(d). 

139. Defendants’ unlawful actions have caused and are continuing to cause Onyx 

irreparable injury and damages. 

140. Onyx has no adequate remedy at law and, if Defendants’ activities are not 

preliminarily and permanently enjoined, Onyx will continue to suffer irreparable harm and injury. 

141. Onyx is therefore entitled to recover actual and treble damages, attorney fees, and 

costs pursuant to 15 U.S.C. § 1117 and injunctive relief pursuant to 15 U.S.C. § 1116. 

COUNT FIVE

Trademark Infringement in Violation of Florida Common Law 

(Against Both Defendants) 

142. Onyx incorporates the allegations in Paragraphs 1 through 76 as if fully set forth 

herein. 

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143. Onyx is the owner of valid common law rights in the iD Marks which it has used 

continuously and in connection with Onyx’s goods and services prior to Defendants’ unauthorized 

use of their infringing RIMSiD marks. 

144. Defendants’ conduct as set forth above constitute trademark infringement in 

violation of Florida common law. 

145. Defendants are promoting and otherwise advertising its automotive retail store 

services under marks that are identical or confusingly similar variations of Onyx’s iD Marks. 

146. Defendants’ use of their infringing RIMSiD marks is likely to cause, has caused, 

and will continue to cause confusion, mistake, or deception as to the sponsorship, affiliation, or 

source of Defendants’ goods and services in that consumers and others are likely to believe 

Defendants’ goods and services are legitimately connected with or approved by Onyx and/or its 

iD brands in violation of Florida common law. 

147. Defendants have engaged in this conduct knowingly, willfully, and in bad faith. 

148. Defendants’ unlawful actions have caused and are continuing to cause Onyx 

irreparable injury and monetary damages. 

149. As a direct and proximate result of Defendants’ conduct, Onyx has been and is 

likely to be substantially injured in its business, including its goodwill and reputation acquired 

under the iD Marks and brands, resulting in lost revenues and profits and diminished goodwill, in 

an amount as yet not fully ascertained. 

150. Further to discourage and punish the Defendants for their willful disregard of the 

law and Plaintiff’s rights, the Plaintiff seek an award of punitive damages not to exceed the 

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Constitutional maximum for circumstances such as this where profit was the motivator for the 

Defendants’ willful and wanton conduct. 

151. Onyx has no adequate remedy at law and, if Defendants’ activities are not 

preliminarily and permanently enjoined, Onyx will continue to suffer irreparable harm and injury. 

COUNT SIX

Unfair Competition in Violation of Florida Common Law 

(Against Both Defendants) 

152. Onyx incorporates the allegations in Paragraphs 1 through 76 as if fully set forth 

herein. 

153. Onyx’s iD marks have become well and favorably known throughout the United 

States, including the State of Florida. 

154. Defendants’ conduct as set forth above constitute unfair competition, false 

representation, and/or false designation of origin, which are have and/or are likely to cause 

confusion, or to cause mistake, or to deceive as to affiliation, connection, or association with Onyx 

and/or its iD brands, or origin, sponsorship, or approval of the infringing and counterfeit RIMSiD 

services by Onyx and/or its iD brands in violation of Onyx’s rights at common law and under the 

law of the State of Florida. 

155. Defendants’ conduct as set forth above constitutes unlawful “passing off” under 

Florida unfair competition common law. 

156. Defendants have engaged in this conduct knowingly, willfully, and in bad faith. 

157. Defendants’ intentional and willful actions have caused and are continuing to cause 

Onyx irreparable injury and monetary damages. 

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158. Further to discourage and punish the Defendants for their willful disregard of the 

law and Plaintiff’s rights, the Plaintiff seek an award of punitive damages not to exceed the 

Constitutional maximum for circumstances such as this where profit was the motivator for the 

Defendants’ willful and wanton conduct. 

159. As a direct and proximate result of Defendants’ conduct, Onyx has been and is 

likely to be substantially injured in its business, including its goodwill and reputation acquired 

under the iD Marks and brands, resulting in lost revenues and profits and diminished goodwill, in 

an amount as yet not fully ascertained. 

160. Onyx has no adequate remedy at law and, if Defendants’ activities are not 

preliminarily and permanently enjoined, Onyx will continue to suffer irreparable harm and injury. 

COUNT SEVEN

Deceptive Trade Practices in Violation of the Florida Deceptive and Unfair Trade Practices 

Act 

(Against Both Defendants) 

161. Onyx incorporates the allegations in Paragraphs 1 through 76 as if fully set forth 

herein. 

162. Defendants’ conduct as set forth above constitutes deceptive trade practices in 

violation of Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.204. 

163. Defendants’ use of Onyx’s iD Marks and confusingly similar variations thereof, 

falsely suggests Onyx and/or its iD brands as the source of Defendants’ goods and services. 

164. In the course of Defendants’ business, Defendants have and continue to make false 

representations as to the source, sponsorship, approval, or certification of goods and services 

provided by Defendants in order to deceive consumers into believing that Defendants’ goods and 

services are sponsored, approved, or certified by Onyx and/or its iD brands. 

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165. In the course of Defendants’ business, Defendants have and continue to make false 

representations to deceive consumers into believing that Defendants and/or their goods and 

services are affiliated, connected, or associated with Onyx and/or its iD brands. 

166. Defendants have engaged in this conduct knowingly, willfully, and in bad faith. 

167. Defendants’ actions have caused and will likely continue to cause confusion among 

unsuspecting consumers familiar with the iD Marks and brands, which are used to identify Onyx’s 

goods and services, and thereby significantly impact the public as actual or potential consumers. 

168. Defendants’ unlawful actions have caused and are continuing to cause Onyx 

irreparable injury and monetary damages. 

169. As a direct and proximate result of Defendants’ conduct, Onyx has been and is 

likely to be substantially injured in its business, including its goodwill and reputation acquired 

under the iD Marks and brands, resulting in lost revenues and profits and diminished goodwill, in 

an amount as yet not fully ascertained. 

170. Onyx has no adequate remedy at law and, if Defendants’ activities are not 

preliminarily and permanently enjoined, Onyx will continue to suffer irreparable harm and injury. 

171. Onyx is therefore entitled to recover actual damages, attorney fees, and costs 

pursuant to Fla. Stat. §§ 501.2105, 501.211(2). 

PRAYER FOR RELIEF

WHEREFORE, Onyx prays for judgment and relief against Defendants as follows: 

A. For preliminary and permanent injunctive relief enjoining Defendants and any 

principals, agents, servants, employees, successors and assigns of Defendants and all those in 

privity, concert or participation with Defendants from: 

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(i) imitating, copying, duplicating or otherwise making any use of Onyx’s iD 

Marks or any mark confusingly similar to Onyx’s iD mark; 

(ii) using any unauthorized copy or colorable imitation of Onyx’s iD marks in 

such fashion as is likely to relate or connect Defendants with Onyx; 

(iii) using any false designation of origin or false description which can or is 

likely to lead the trade or public, or individual members thereof, to believe mistakenly that 

any service advertised, promoted, offered or sold by Defendants is sponsored, endorsed, 

connected with, approved or authorized by Onyx; 

(iv) causing likelihood of confusion or injury to Onyx’s business reputation and 

to the distinctiveness of the Onyx’s iD marks by unauthorized use of the iD marks or any 

mark confusingly similar to the iD marks; 

(v) engaging in any other activity constituting unfair competition or 

infringement of Onyx’s iD marks or Onyx’s rights in, or to use, or to exploit the same; 

(vi) assisting, aiding or abetting another person or business entity in engaging 

(vii) or performing any of the activities enumerated in subparagraphs (i) through 

(v) above. 

B. Find that Defendants have infringed upon Onyx’s iD Marks in violation of federal 

and common law and damaged Onyx’s goodwill by Defendants’ conduct. 

C. Find that Defendants have unfairly competed with Plaintiff by the acts complained 

of herein in violation of federal law and common law. 

D. Find that the acts of Defendants constitute a violation of the Florida Deceptive and 

Unfair Trade Practices Act, Fla. Stat. § 501.204. 

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E. For an order requiring the transfer of the infringing website, www.RIMSiD.com, to 

Onyx. 

F. For an order requiring Defendants to remove any and all references to the iD Marks, 

including any company or account names, logos, photographs or videos, and/or any other posts or 

references, from the Internet and social media outlets, such as Facebook, Instagram, Twitter, and 

Youtube. 

G. Find Defendants liable and award to Onyx monetary damages in an amount to be 

fixed by the Court in its discretion as just, including all of the Defendants’ profits or gains of any 

kind, resulting from Defendants’ willful infringement, counterfeiting, dilution, cybersquatting, 

and/or acts of unfair competition, said amount to be trebled and exemplary damages where 

applicable in view of the intentional nature of the acts complained of herein, pursuant to 15 U.S.C. 

§ 1117, Fla. Stat. §§ 501.2105, 501.211(2), and the common law of the State of Florida;

H. Find Defendants actions were willful and wanton in disregard of the Plaintiff’s 

rights in order to maximize Defendants’ profits to Plaintiffs’ detriment and therefore award to 

punitive damages not to exceed the Constitutional maximum for circumstances such as this where 

profit was the motivator in order to discourage and punish this and other Defendants for willful 

disregard of the law and Plaintiff’s rights. 

I. Award to Onyx statutory damages to the full extent permitted by law; 

J. Award to Onyx its attorneys’ fees, due to the exceptional nature of this case, and 

all of Onyx’s costs and expenses of litigation pursuant to 15 U.S.C. § 1117(a) and Fla. Stat. §§ 

501.2105, 501.211(2); and

K. Award to Onyx pre-judgment and post-judgment interest;

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L. Grant to Onyx such other and further relief as the Court may deem just, proper and 

equitable under the circumstances.

DEMAND FOR TRIAL BY JURY

Plaintiff Onyx Enterprises Int’l, Corp. demands a trial by jury on all issues so triable. 

Dated: August 5, 2020 Respectfully submitted, 

______________________________ 

Brandon J. Hechtman, Esquire (88652) 

BHechtman@wickersmith.com 

WICKER SMITH O’HARA 

 McCOY & FORD, P.A. 

2800 Ponce de Leon Boulevard, Suite 800 

Coral Gables, FL 33134 

Telephone: (305) 448-3939 

Facsimile: (305) 441-1745 

Attorneys for Plaintiff Onyx Enterprises 

Int’l, Corp.

Pro Hac Vice

/s/Aaron P. Bradford 

Aaron P. Bradford, Esq. 

Cindy N. Pham, Esq. 

BRADFORD, LTD 

2701 Lawrence Street, Suite 104 

Denver, Colorado 80205 

Telephone: (303) 325-5467 

Facsimile: (844) 406-5294 

Email: Aaron@apb-law.com 

Email: Cindy@apb-law.com 

Counsel for Plaintiff Onyx Enterprises Int’l, 

Corp. 

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CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the Clerk 

of Court using the CM/ECF system on August 5, 2020, and the foregoing document is being served 

this day on the parties on the Service List below via Certified U.S. Mail according to Fla. Stat. § 

48.161(a). 

______________________________ 

Brandon J. Hechtman, Esquire 

SERVICE LIST 

Sloan International Holdings Corp 

21403 NW 39TH Avenue 

Miami Gardens, FL 33055 

Jonathan Sloan 

21403 NW 39TH Avenue 

Miami Gardens, FL 33055 

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