IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

GENERAL MOTORS LLC, 

a Delaware limited liability company, and 

GM GLOBAL TECHNOLOGY 

OPERATIONS LLC, 

a Delaware limited liability company 

Plaintiffs, 

vs. 

AUTEL.US Inc., a New York corporation, 

AUTEL INTELLIGENT TECHNOLOGY CO., 

LTD, a Chinese corporation, and Gary DeLuca, 

an individual 

Defendants. 

/

Case No. 

Hon. 

JURY DEMAND 

Andrew M. Grove (P48868) 

Emily J. Tait (P74708) 

HONIGMAN MILLER SCHWARTZ AND COHN LLP 

39400 Woodward Ave., Ste. 101 

Bloomfield Hills, MI 48304-5151 

(248) 566-8300 

jgrove@honigman.com

etait@honigman.com

J. Michael Huget (P39150) 

HONIGMAN MILLER SCHWARTZ AND COHN LLP 

130 South First Street, Fourth Floor 

Ann Arbor, MI 48104 

(734) 418-4254 

mhuget@honigman.com 

Counsel for Plaintiffs 

______________________________________ 

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COMPLAINT AND JURY DEMAND 

Plaintiffs General Motors LLC and GM Global Technology Operations LLC 

(collectively “General Motors” or “GM”), by their attorneys, bring their Complaint 

against Defendants Autel.US Inc. (“Autel.US”), Autel Intelligent Technology Co., 

Ltd. (“Autel ITC”), and Gary DeLuca (“DeLuca”) (collectively, “Autel” or “Autel 

Defendants”) as follows: 

NATURE OF THIS ACTION 

1. Autel has entered the vehicle service market with diagnostic and 

repair tools known as the Autel MaxiDAS® DS708 and the Autel MaxiSys Pro®

MS908P (shown below): 

Autel markets its tools to compete with a number of similar tools for servicing 

General Motors and other brand vehicles, including GM’s own Tech 2® tool. But 

the Autel tools misappropriate a variety of GM’s intellectual property—ranging 

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from trademarks to copyrighted software and trade secrets. Autel obtained the 

software and trade secrets from General Motors by improper means, such as 

circumventing technological protections, breaching software use agreements, and 

by other means that are not yet fully known by General Motors. Autel also uses 

GM’s trademarks without permission. 

2. Accordingly, General Motors brings this action against Autel for 

trademark infringement and unfair competition, copyright infringement, unlawful 

circumvention under the Digital Millennium Copyright Act, trafficking in illegal 

means for circumvention under the Digital Millennium Copyright Act, violation of 

the Computer Fraud and Abuse Act, trade secret misappropriation, breach of 

contract, and unjust enrichment. General Motors seeks injunctive relief, monetary 

damages, statutory damages, attorney fees, costs, and other relief that this Court 

deems appropriate. 

PARTIES 

3. Plaintiff General Motors LLC is a Delaware limited liability company 

having a principal place of business located at 300 Renaissance Center, Detroit, 

Michigan, 48243. 

4. Plaintiff GM Global Technology Operations LLC is a Delaware 

limited liability company having a principal place of business located at 300 

Renaissance Center, Detroit, Michigan, 48243. 

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5. Upon information and belief, Defendant Autel.US is a New York 

corporation having a principal place of business at 116 Spring Road, Huntington, 

New York, 11743. Upon information and belief, Autel.US is a wholly-owned 

subsidiary of Autel ITC. 

6. Upon information and belief, Defendant Autel ITC is a Chinese 

corporation having a principal place of business at East Gate, 1st floor, SZICC 

Bldg., Chaguang Road 1089, Xili, Nanshan, Shenzhen, 518055, China and/or at 

6th-10th floor, Bldg. B1, Zhiyuan, Xueyuan Road, Xili, Nanshan, Shenzen, 

518055, China, and has an office in the United States at 116 Spring Road, 

Huntington, New York, 11743 and/or at 17008 Evergreen Place – Bldg. C, City of 

Industry, California, 91745. 

7. Upon information and belief, Hongjing Li is CEO of Autel ITC. Mr. 

Li has a residence at 2877 E. Castle Pines Ter., Dublin, California 94568. 

8. Upon information and belief, Gary DeLuca is an individual who 

serves as Vice President of Autel.US. Mr. DeLuca resides at 291Vineyard Rd, 

Halesite, New York, 11743-1258. 

JURISDICTION 

9. Counts I-II of this Complaint are actions under the Lanham Act, 15 

U.S.C. §§1051 et seq. This Court has subject matter jurisdiction over these claims 

pursuant to 28 U.S.C. §§ 1331 and 1338 and Section 39 of the Lanham Act, 15 

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U.S.C. §1121, which gives this Court jurisdiction over all trademark and unfair 

competition actions arising under the Lanham Act without regard to the amount in 

controversy. 

10. Count III of this Complaint arises under the Copyright Act, 17 U.S.C. 

§§ 101 et seq. This Court has subject matter jurisdiction over this cause of action 

pursuant to 28 U.S.C. §§ 1331 and 1338. 

11. Counts IV-V of this Complaint arise under the Digital Millennium 

Copyright Act, 17 U.S.C. § 1201 et seq. This Court has subject matter jurisdiction 

over this cause of action pursuant to 28 U.S.C. §§ 1331 and 1338. 

12. Count VI of this Complaint arises under the Computer Fraud and 

Abuse Act, 18 U.S.C. § 1030 et seq. This Court has subject matter jurisdiction 

over this cause of action under 18 U.S.C. § 1030(g) and 28 U.S.C. § 1331. 

13. This Court has supplemental subject matter jurisdiction over the state 

law claims set forth in Counts VII-IX of this Complaint pursuant to 28 U.S.C. § 

1367 because these claims are so related to the federal claims that they form part of 

the same case or controversy under Article III of the United States Constitution and 

derive from a common nucleus of operative facts. 

14. This Court has an independent basis for jurisdiction over all the 

claims herein in accordance with 28 U.S.C. § 1332 because there is diversity of 

citizenship between the parties, and the amount in controversy exceeds $75,000. 

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FACTS RELATING TO PERSONAL JURISDICTION AND VENUE 

15. This Court has personal jurisdiction over the Autel Defendants. As 

further detailed in the allegations in this Complaint, the Autel Defendants have 

worked separately and together to carry out the unlawful acts reported below. 

16. Autel’s illegal conduct intentionally targets and causes injury to 

General Motors in the Eastern District of Michigan by, inter alia, obtaining and 

abusing user names and passwords to GM’s website www.acdelcotds.com

(hereinafter, “ACDelco TDS Website”), which is provided by General Motors in 

this judicial district. For example, Autel ITC has illegally obtained access to, and 

made unlawful use of, subscriber user names and passwords that were issued by 

General Motors to Defendant DeLuca (whether acting individually and/or on 

behalf of Autel.US), and then used those user names and passwords to make 

unauthorized access to GM’s ACDelco TDS Website. In this manner, Autel ITC 

has made unauthorized use of GM’s intellectual property, which is located in 

Michigan, to create, operate, and profit from its own tools. 

17. Autel’s illegal conduct intentionally targets and causes injury to 

General Motors in the Eastern District of Michigan by violating agreements it 

entered into with General Motors in this district, namely the Terms of Use 

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governing the ACDelco TDS Website and the End User License Agreement. A 

complete copy of the Terms of Use is attached as Exhibit A. A complete copy of 

the End User License Agreement is attached as Exhibit B.

18. Defendant DeLuca intentionally entered into the contracts with 

General Motors knowing that General Motors is headquartered in Michigan. 

19. Representatives of Defendant Autel ITC intentionally entered into the 

contracts with General Motors knowing that General Motors is headquartered in 

Michigan. 

20. Further, General Motors presents Terms of Use to every user of the 

ACDelco TDS Website every time a user logs in. A user cannot log in until he 

agrees to the Terms of Use. Section 12 of the Terms of Use says: “The laws of the 

State of Michigan will govern these Terms of Use without giving effect to any 

principles of conflicts of laws. You and GM agree to submit to the exclusive 

personal jurisdiction and venue of the state and federal courts located in Wayne 

County, Michigan, in any legal action or proceeding.” Ex. A (emphasis added).

21. Defendant DeLuca logged into the ACDelco TDS Website several 

times, and thereby agreed to the personal jurisdiction and venue provisions. 

22. Representatives of Defendant Autel ITC have also logged into the 

ACDelco TDS Website from China, and thereby agreed to the personal jurisdiction 

and venue provisions. 

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23. Autel’s illegal conduct intentionally targets and causes injury to 

General Motors in the Eastern District of Michigan by intentionally accessing 

GM’s ACDelco TDS Website, which is hosted on servers in this judicial district, 

without authorization and/or in excess of authorized access; and by obtaining 

information, including GM’s software and data, with the intent to defraud and 

cause injury to General Motors and unjustly enrich itself. 

24. Autel’s illegal conduct intentionally targets and causes injury to 

General Motors in the Eastern District of Michigan by hacking and copying 

General Motors’ copyrighted computer programs and data compilations which 

were created in this judicial district for vehicles manufactured and distributed here. 

25. Autel’s illegal conduct intentionally targets and causes injury to 

General Motors in the Eastern District of Michigan by promoting the accused 

infringing products in such a way that suggests General Motors is a sponsor, 

licensor, or partner of Autel. 

26. Upon information and belief, Autel ITC manufactures the accused 

infringing tools in China for sale and distribution by Autel.US in the United States. 

Autel ITC is aware of where the tools are to be sold and distributed by Autel.US 

and, likewise, intends that they be sold and delivered to those locations. Such 

products are purposefully directed to customers in the State of Michigan, including 

customers residing in the Eastern District of Michigan. 

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27. For example, in August 2014, U.S. Customs at a courier hub in 

Kentucky detained a shipment of three Autel MaxiSys® diagnostic tools, which 

originated in China and was intended for a customer located in Midland, Michigan. 

28. Customs seized this shipment based on Autel’s unauthorized use of 

GM’s trademark. 

29. Autel has otherwise sold and promoted for sale its accused infringing 

tools in Michigan. 

30. Autel’s illegal conduct intentionally targets and causes injury to 

General Motors in the Eastern District of Michigan by entering into contracts to 

provide technical services and support, software downloads, and other materials to 

users of Autel tools in this district; instructing users regarding usage of accused 

infringing products by referencing cars manufactured by General Motors in 

Michigan; utilizing a distribution network in Michigan whereby CARQUEST®

advertises the accused infringing products using Autel ITC’s registered 

trademarks; and marketing, selling, distributing, and providing technical support 

related to the accused infringing products throughout the United States, including 

to customers in this district. 

31. Autel.US also owns an interactive website, www.autel.us, which 

similarly allows members of the public including users from Michigan to register 

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their Autel products, obtain product information, and download various software 

updates. 

32. Autel.US acts as the agent for its principal Autel ITC. 

33. Autel ITC is responsible for the wrongful acts caused by Autel.US. 

34. For example, Autel.US acts as Autel ITC’s agent for service and 

warranty issues on Autel ITC’s products. 

35. DeLuca acts as the agent for principal Autel.US. 

36. Autel.US is responsible for wrongful acts caused by DeLuca. 

37. Autel ITC also owns and maintains an interactive website, 

www.auteltech.com, which is accessible to the public, including users from 

Michigan. This website advertises and promotes the accused products in a number 

of ways, including photographs or visual depictions of the products, product 

comparisons and specifications, and videos. Through the website, a user 

(including users in this judicial district) can, among other things, obtain trial 

downloads, product extensions, and download software updates. A user can also 

register his Autel device and program it through the website, creating a contract 

between Autel ITC and the user. 

38. Autel ITC’s website also makes available for download user manuals, 

including at least one that uses the GM trademark without authorization, 

permission, or license from General Motors. 

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39. Autel ITC’s website also features General Motors’ GM trademark 

when advertising a product called the “MaxiFlash GM.” 

40. In addition, Autel ITC is listed as the owner and registrant of the 

following U.S. federal trademark registrations: AUTEL®, MaxiDas®, MaxiSys®, 

and MaxiSys Pro®. In obtaining these registrations, Autel has certified that it is 

engaged in interstate commerce. Autel has used these marks to advertise, promote, 

market, and sell the accused infringing Autel products in the United States, 

including in the state of Michigan. As the owner and registrant of these marks, 

Autel ITC has authorized such use. 

41. In Service Solutions U.S., LLC v. Autel US, Inc., et al., Case No. 4:13-

cv-10534-TGB-LJM, Dkt. 31, this Court denied Autel ITC’s motion to dismiss for 

alleged lack of personal jurisdiction in Michigan on similar facts. 

42. In Service Solutions, Autel.US conceded personal jurisdiction in 

Michigan. 

43. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391. 

BACKGROUND ALLEGATIONS SUPPORTING COUNTS I-VIII 

44. General Motors Corporation was founded in 1908 in Flint, Michigan. 

General Motors LLC acquired many of the assets of General Motors Corporation, 

including ownership of trademarks to the General Motors name and logo, in the 

bankruptcy proceedings of General Motors Corporation in 2009. 

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45. General Motors designs, manufactures, markets, and distributes 

automobiles and automobile parts throughout the world. 

46. General Motors also provides after-sale vehicle products and services 

including diagnostic and repair products and services. 

47. For decades, General Motors, and before it General Motors 

Corporation, marketed, sold, promoted, and advertised its automobiles and other 

products and services using its trademarks “General Motors,” “GM,” and GM’s 

distinctive GM logo (collectively, “the GM Marks”). As shown below, GM’s 

distinctive logo depicts the letters “GM” within a square: 

48. General Motors owns numerous trademark registrations for the GM 

Marks in the United States and worldwide. GM’s U.S. trademark registrations 

include the following: 

Mark Registration 

No. and Date International Class 

GENERAL 

MOTORS 

1,223,115 

Jan. 11, 1983 

Class: Int. 006. Automobiles, Truck and Bus PartsNamely, Locks and Keys. 

Class: Int. 007. Automobile, Truck and Bus Parts -

Namely, Crankshafts, Crankshaft Bearings, . . . [etc.] 

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Class: Int. 009. Automobile, Truck and Bus PartsNamely, Electric Thermostats, Tachometers, . . . [etc.]

Class: Int. 012. Automobile, Truck and Bus PartsNamely, Internal Combustion Engines and Parts 

Thereof . . . [etc.] 

Class: Int. 017. Automobile, Truck and Bus PartsNamely, Non-Metallic Gaskets, . . . [etc.] 

1,474,088 

Jan. 26, 1988 

Class: Int. 12. Goods: Automobiles, motor trucks, 

truck tractors, buses, engines therefor and structural 

parts thereof. 

1,476,220 

Feb. 9, 1988 

Class: Int. 37. Services: Repair services for motor 

vehicles. 

4,596,433 

Sept. 2, 2014 

Class: Int. 9. Goods: Motor vehicle diagnostic 

apparatus and parts thereof including memory cards; 

plug in electronic tools for vehicle diagnostic testing; 

electronic recorders for use with motor vehicle 

computer systems; computers, computer monitors, 

printers, modems, computer programs for reading, 

diagnosing and analyzing vehicle parts and vehicle 

system operations; vehicle based electronic modules 

for transmitting diagnostic information and vehicle 

operational status; electronic device to read engine 

emissions; software for motor vehicle diagnostic 

apparatus. 

The registration certificates for each of the GM Marks shown in the table above are 

attached to this Complaint as Exhibit C. 

49. General Motors’ federal trademark registrations are in full force and 

effect. The registrations are active on the Principal Register and constitute prima 

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facie evidence of the validity of the respective marks, General Motors’ ownership 

thereof, and General Motors’ exclusive right to use the GM Marks throughout the 

United States. Further, registration numbers 1,476,220, 1,474,088, and 1,223,115 

have each been granted incontestability status by the United States Patent and 

Trademark Office. 

50. Over more than a century, General Motors, and General Motors 

Corporation before it, spent billions of dollars, and expended significant effort in 

marketing, selling, promoting, and advertising its automobiles and other products 

and services using the GM Marks. General Motors, and General Motors 

Corporation before it, also made sales of vehicles in the United States totaling in 

the trillions of dollars. As a result, the GM Marks have become widely and 

favorably known throughout the country. 

51. Indeed, the GM Marks are strong and famous, and the consuming 

public associates the GM Marks exclusively with General Motors and its affiliates. 

The GM Marks are an invaluable asset of General Motors, symbolizing its 

substantial goodwill among consumers and the trade. 

52. Autel has used, and continues to use, the GM Marks—and specifically 

the GM name and distinctive logo—without permission, authorization, or license 

from General Motors. 

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53. For example, Autel made unauthorized use of GM’s name and logo in 

its user manual for at least its MaxiDAS® DS708 diagnostic tool. See Autel 

MaxiDas® DS708 User Manual (hereinafter, “Manual”), attached as Exhibit D. 

54. This Manual is available for download from Autel ITC’s website, 

http://www.auteltech.com/. 

55. This Manual explains to customers that, “When you turn on the 

[AUTEL] scan tool, the Home Screen displays options for selecting the software 

applications in the scan tool as shown below . . . The Home Screen contains a 

menu of the groups of software installed in the scan tool. All current software 

applications are included in the scan tool.” (Ex. D, p. 7). 

56. The Manual then provides a picture of the AUTEL MAXIDAS DS708 

Home Screen, which displays the GM logo—along with the phrase “GM V3.02” 

directly below the logo—as shown here: 

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57. Autel’s use of the GM logo in its Manual creates the false impression 

that General Motors approves of, sponsors, or is otherwise affiliated with Autel. 

58. Autel’s use of the phrase “GM V3.02” immediately under the GM 

logo furthers this false impression. Moreover, Autel’s use of the phrase “GM 

V3.02” incorrectly implies that the “software installed in the scan tool” is genuine 

GM software that Autel has the right to use. 

59. Autel uses the GM trademark and logo within Autel’s diagnostic 

software, again without permission, authorization, or license from General Motors. 

As the Manual describes, the Home Screen display for the Autel MaxiDAS®

DS708 diagnostic tool displays the GM trademark and logo. 

60. The Home Screen display of a more recent version of the Autel 

diagnostic tool, known as the Autel MaxiSys Pro® MS908P, also displays the GM 

trademark and logo. 

61. Autel also uses the GM trademark and logo in advertising, promoting, 

marketing, and selling diagnostic tools. For example, Autel’s promotional 

materials for its MaxiDas® product prominently displays the image of the GM logo 

appearing on the Home Screen of that product: 

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See MaxiDas DS708 promotional brochure (attached as Exhibit E). 

62. Similarly, Autel’s promotional materials for its MaxiSys® product 

prominently display the image of the GM logo appearing on the Home Screen of 

the Autel MaxiSys® product (as shown in Paragraph 1 of this Complaint). See

“Introducing MaxiSysTM” promotional brochure (attached as Exhibit F). 

63. On information and belief, the Autel promotional materials for the 

MaxiSys® product referred to in the paragraph above were distributed by Autel to 

the public in 2013 at industry trade shows, including the Automotive Aftermarket 

Products Expo (“AAPEX”) and the Specialty Equipment Market Association 

(“SEMA”) Show. In 2014, Autel distributed additional promotional materials for 

its products that contained the GM logo, for example at industry trade shows like 

AAPEX and the SEMA Show. 

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64. Autel has also used the GM trademark and logo in promotional videos 

showcasing its products, which have been made available to the public online. 

65. For example, a video showing the Autel MaxiSys® diagnostic tool 

reprogramming an electronic control module for a GM vehicle appeared on the 

website for Autel Scanner at http://www.autelscanner.com/products/AutelMaxiSys-Pro%28MS908-Pro%29_804.html. 

66. This video shows the operation of the Autel MaxiSys® diagnostic tool 

and prominently features the GM logo while touting the capability of the tool to 

reprogram GM’s vehicle electronic control modules. 

67. Autel Scanner’s website states that it is located in Shenzen, China and 

is the “top authorized selling agent/wholesale[r] of Autel diagnostic tools, 

equipment and accessories.” Autel Scanner “cooperat[es] with [Autel] directly” 

and its technology team is “trained by Autel[.]” See 

http://www.autelscanner.com/about.jsp. 

68. This promotional video is also displayed on YouTube’s website, see 

http://www.youtube.com/watch?v=Uvd-6ifW1RQ. 

69. Autel also uses the GM name in advertising and selling its 

“MaxiFlash GM” product on its website. 

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70. By using the GM name in a manner that looks like it is part of the 

Autel product name, Autel creates the false impression that General Motors 

approves of, sponsors, or is otherwise affiliated with Autel. 

71. The image below is taken from Autel ITC’s website, 

www.auteltech.com: 

72. As the above screenshot states, Autel touts the “MaxiFlash GM” as “a 

full J2534 reprogramming tool for a specific car manufacturer.” The “specific car 

manufacturer” referred to is General Motors. In the bullets underneath the red 

“Features” tab, Autel claims that the “MaxiFlash GM” product provides “[f]aster 

ECU reprogramming than Tech2 and MDI.” 

73. The Tech 2® and MDI devices are General Motors’ diagnostic tools. 

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74. Autel also claims that the “MaxiFlash GM” product “[r]eprograms 

most GM ECM’s using the TIS2WEB reprogramming application;” “[p]erforms 

security key functions;” and “[s]upports all 1996-present GM vehicles.” 

75. Autel’s unauthorized use of the GM trademark and logo is likely to 

cause confusion, mistake, or deception as to the source or origin of Autel’s goods 

and services, and is likely to suggest falsely a sponsorship, connection, license, or 

association of Autel’s goods and services with General Motors, and thus 

constitutes trademark infringement of GM’s federally registered marks in violation 

of Sections 32 and 43(a) of the Lanham Act, 15 U.S.C. § 1114 and § 1125(a). 

76. General Motors has already discovered instances of actual confusion 

in the marketplace. For example, aftermarket technicians have indicated their 

mistaken belief that Autel is approved by, sponsored by, certified by, licensed by, 

or otherwise affiliated with General Motors because of Autel’s use of the GM 

trademark and logo. 

77. In addition, legitimate makers of competitive diagnostic tools have 

inquired about Autel’s use of the GM trademark and logo and asked if such use is 

authorized by, approved of, or licensed by General Motors. 

78. Such confusion is unacceptable and unnecessary, and it is causing 

harm not only to General Motors but also to members of the consuming public, 

including aftermarket technicians who mistakenly believe that Autel is approved 

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by, sponsored by, licensed by, certified by, or otherwise affiliated with General 

Motors, and legitimate makers of competitive diagnostic tools who are placed at a 

disadvantage by Autel’s use of GM’s trademark and logo. 

79. General Motors has developed proprietary vehicle servicing software 

for its paying subscribers for diagnosing, servicing, and repairing GM vehicles. 

This software is referred to as Techline Information System (“TIS”). 

80. General Motors has registered its copyrights in several versions of 

TIS, as indicated below. 

81. There are several components of TIS. TIS is a web-based system that 

runs on General Motors servers, but paying subscribers can obtain a license and 

download portions of the TIS software onto their local PCs. 

82. Further, paying and licensed subscribers can download software from 

TIS through their PC for loading onto a hand-held device known as the Tech 2®. 

83. An image of the Tech 2® device is shown below: 

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84. GM’s Tech 2® device is a tool used by vehicle technicians to read 

data, such as diagnostic trouble codes, from the vehicle electronic control modules 

so that they can diagnose vehicle problems and guide repairs. 

85. The Tech 2® device can also be used to conduct service programming 

events and to reflash or reprogram vehicle electronic control modules. 

86. In such a case, a paying subscriber can obtain a license and download 

certain files from TIS through their PC for loading onto the Tech 2® device, from 

which the files can be loaded into an electronic control module on a General 

Motors vehicle. These files are often referred to as vehicle calibration or “cal” 

files. 

87. The vehicle calibration files can include software executable by the 

electronic control module and data files related to the electronic control module 

operation. 

88. The Tech 2® software can reside on the Tech 2® tool. Another version 

of Tech 2® software is available for running on a PC, and it is known as 

“Tech2WIN.” 

89. Tech2WIN is proprietary to General Motors. 

90. Users of the Tech 2® device and Tech 2Win software include General 

Motors’ dealerships and non-dealership aftermarket technicians. Such users obtain 

access to General Motors’ TIS and other software via one of two websites: 

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www.gmglobalconnect.com for GM dealerships, and the ACDelco TDS Website 

for non-dealership aftermarket technicians (“the GM Websites”). 

91. General Motors is the registrant and owner of the ACDelco TDS 

Website, which provides aftermarket portal access to GM service products, 

including TIS, the Tech 2®device, and the vehicle calibration files. 

92. In order to access TIS through either GM Website, a user must 

establish a user account with General Motors. The user selects a user name and 

password. Both of the GM Websites prompt the user to enter the user name and 

password in order to gain access to TIS. 

93. A login screen for the ACDelco TDS Website is shown below: 

94. General Motors authorizes only users in the United States, Canada, 

and Australia to have access to the ACDelco TDS Website. In fact, users cannot 

log in unless they enter an address based in one of these countries. 

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95. As indicated above, and as explained in greater detail below, General 

Motors requires users to agree to certain Terms of Use (Exhibit A) and an End 

User License Agreement (Exhibit B). 

96. The Terms of Use and End User License Agreement include many 

limitations. For example, users cannot share passwords or use privileges with 

others outside their company. There are also restrictions on copying materials on 

the website. There are still other restrictions against reproducing, modifying, 

adapting, distributing, transmitting, transferring, republishing, compiling or 

decompiling, reverse engineering, etc. the General Motors intellectual property or 

the content and information provided by General Motors. 

97. Defendant DeLuca has set up at least seven accounts to use the 

ACDelco TDS Website. 

98. The user names for these accounts include: garydeluca, mingwchu, 

gldeluca, Jianrong, Auteltech, Autel123, and GMHelp0116. 

99. Mr. DeLuca established each of these subscriptions using his own 

name and Autel.US’s address and phone number. 

100. General Motors maintains a log of all service and programming events 

that occur, each of which is traceable to a specific ACDelco user name. 

101. The logs associated with the user names mingwchu, Jianrong, and 

GMHelp0116 show extensive unauthorized activity from China. 

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102. Upon information and belief, Mr. DeLuca has transferred the log-in 

credentials for those user names to a person (or persons) in China who is/are not 

authorized. 

103. The logs also indicate an unusually high level of use associated with 

the above-referenced user names. In other words, the use associated with the 

DeLuca user names greatly exceeds what is expected for a legitimate user. 

104. In some months there were thousands of service programming events 

associated with the DeLuca user names. 

105. The Autel Defendants have made unauthorized use of GM’s 

intellectual property by, inter alia, making unlawful access and use of GM’s 

ACDelco TDS Website. 

106. In particular, Autel has stored, copied, and transmitted GM’s vehicle 

calibration software and data to users of at least Autel’s MaxiSys Pro® MS908P 

tool so that these users can reprogram electronic control modules on GM vehicles 

without having to pay General Motors for such software and data. 

107. As explained in greater detail below, the Autel Defendants have also 

made unauthorized use of GM’s website for purposes of reverse engineering and 

otherwise using GM’s proprietary information for creating their own diagnostic 

and repair system. 

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108. The Autel Defendants have touted in the diagnostic tool industry that 

the Autel MaxiSys Pro® MS908P tool allows for reprogramming of GM vehicles 

without owners of this tool having to pay for an ACDelco subscription. 

109. General Motors has received several reports regarding aftermarket 

technicians who have been able to program GM vehicles with an Autel tool 

without paying for a subscription. 

110. General Motors has used an Autel tool to reprogram a GM vehicle, 

and the use did not require an authorized program from General Motors. 

111. Autel’s unlawful use of GM’s software, firmware, data compilations 

and other computer files for its vehicle maintenance and repair products and 

services is causing harm not only to General Motors but also to members of the 

consuming public, including aftermarket technicians who may mistakenly believe 

that Autel is approved by, sponsored by, licensed by, certified by, or otherwise 

affiliated with General Motors, and legitimate makers of competitive diagnostic 

tools who are placed at a disadvantage by Autel’s unlawful use. 

CAUSES OF ACTION 

COUNT I – FEDERAL TRADEMARK INFRINGEMENT OF 

REGISTERED TRADEMARKS UNDER § 32 OF THE LANHAM ACT, 15 

U.S.C. §§1114 

112. General Motors repeats and re-alleges herein each of the foregoing 

paragraphs. 

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113. The GM Marks are strong and famous marks. 

114. In the U.S., the public associates the GM Marks exclusively with 

General Motors and General Motors’ vehicles, products, and services. 

115. This is as a result of the inherent distinctiveness in the GM Marks, as 

well as the distinctiveness acquired after decades of extensive use of the GM 

Marks, including advertising, marketing, promoting, and selling vehicles and other 

products and services bearing the GM Marks in the United States and worldwide. 

116. Autel has used the GM Marks without license, authorization, or 

approval by General Motors. 

117. Autel is presently aware of, and at all relevant times has been aware 

of, the GM Marks. 

118. The actions, conduct, and practices of Autel have at all times relevant 

to this action been willful and knowing in violation of 15 U.S.C. § 1114. 

119. Autel’s unauthorized use of the GM Marks or colorable imitations 

thereof has been, and continues to be done, with the intent to confuse or deceive 

consumers regarding the source, sponsorship, and/or affiliation of Autel’s products 

and services. 

120. In fact, there have already been several instances of actual confusion 

in the marketplace. 

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121. Accordingly, this is an exceptional case within the meaning of 15 

U.S.C. § 1117(a). 

122. General Motors has no adequate remedy at law that will compensate 

for the continued and irreparable harm it will suffer if Autel’s acts are allowed to 

continue. 

123. General Motors is thus entitled to injunctive relief. 

124. As a direct and proximate result of the actions, conduct, and practices 

of Autel alleged above, General Motors has been damaged and will continue to be 

damaged. 

COUNT II – TRADEMARK INFRINGEMENT, FALSE 

DESIGNATION OF ORIGIN, FALSE ADVERTISING, PASSING OFF AND 

UNFAIR COMPETITION UNDER § 43(a) OF THE LANHAM ACT, 15 

U.S.C. §1125(a) 

125. General Motors repeats and re-alleges herein each of the foregoing 

paragraphs. 

126. In addition to having trademark rights as a result of its U.S. trademark 

registrations, General Motors owns common law trademark rights in the distinctive 

GM Marks. 

127. Autel has violated GM’s common law trademark rights by using the 

GM Marks without authorization. 

128. Autel’s unauthorized use of the GM trademark and logo is likely to 

cause confusion, mistake, or deception as to the source or origin of Autel’s goods 

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and services, and is likely to suggest falsely a sponsorship, connection, license, or 

association of Autel’s goods and services with General Motors. 

129. This constitutes trademark infringement, false designation of origin, 

passing off, and unfair competition in violation of Section 43(a) of the Lanham 

Act, 15 U.S.C. § 1125. 

130. Autel’s claim, reported above, that its “MaxiFlash GM” product 

provides “[f]aster ECU reprogramming than Tech2 and MDI” also denigrates 

General Motors and its Tech2 and MDI products by incorrectly implying that 

Autel’s “MaxiFlash GM” product is superior—and wrongly suggesting that Autel 

has reprogramming capabilities that it does not actually have. 

131. Autel also represents that its products can operate without licenses and 

authorized computer files from GM. 

132. This is a false and misleading description of fact that is likely to cause 

confusion as to Autel’s connection with General Motors. 

133. It is also a false and misleading statement in commercial advertising 

that misrepresents the qualities and characteristics of Autel’s products. 

134. The actions, conduct, and practices of Autel described above have at 

all times relevant to this action been willful and/or knowing. 

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135. General Motors has no adequate remedy at law that will compensate 

for the continued and irreparable harm it will suffer if Autel’s acts are allowed to 

continue. General Motors is thus entitled to injunctive relief. 

136. As a direct and proximate result of the actions, conduct, and practices 

of Autel alleged above, General Motors has been damaged and will continue to be 

damaged. 

COUNT III – COPYRIGHT INFRINGEMENT

137. General Motors repeats and re-alleges herein each of the foregoing 

paragraphs. 

138. As alleged above, General Motors owns copyrighted software, 

including a large number of vehicle calibration files, firmware, data compilations, 

and other computer files for its vehicle maintenance and repair products and 

services. 

139. Also as alleged above, General Motors also owns copyrighted 

software in its TIS system. 

140. As further alleged above, General Motors owns copyrighted software 

in its Tech 2® system including Tech2Win. 

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141. General Motors makes this software available to its authorized, 

licensed users in some form through its GM Global Connect Website and the 

ACDelco TDS Website. 

142. General Motors owns the copyrights and corresponding registrations 

in this software. 

143. For example, General Motors owns U.S. Copyright Registration 

TXu1-311-704 for “Techline Information Systems TIS 05 5.” 

144. General Motors also owns U.S. Copyright Registration TXu1-311-702 

for “Techline Information System TIS 11 35 2005 Data CD.” 

145. General Motors also owns U.S. Copyright Registration TX 6-956-845 

for “Techline TIS v. 07.5 Application/Data 10 2007.” 

146. General Motors also owns U.S. Copyright Registration TX 007-924-

803 for “Techline Information Systems TIS 14.5.” 

147. General Motors also owns U.S. Copyright Registration TX 7-922-501 

for “Tech 2 Vehicle Diagnostic Software NAO 33.004.” 

148. General Motors also owns Copyright Registration TXu 1-917-502 

for “Techline Information System TIS NAO Vehicle Calibration Software 2014.” 

149. The copyright registrations are attached as Exhibit G. 

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150. Autel is infringing these GM copyrights by, among other things, 

making unauthorized copies of TIS software when Autel accesses the TIS software 

without authorization. 

151. Autel has accessed the TIS software from China. 

152. Autel improperly accessed the TIS software through the ACDelco 

TDS Website, and by other means. 

153. Autel Defendants made downloads of certain such software files and 

data compilations, including downloads to China. 

154. These downloads were unauthorized by General Motors. 

155. General Motors has use logs showing that the Autel Defendants made 

downloads of certain such software files and data compilations, including 

downloads to China. 

156. Autel is also infringing these GM copyrights by, among other things, 

making unauthorized copies of Tech 2® and Tech2Win software when Autel 

accesses the Tech 2® and Tech2Win software without authorization. 

157. Autel accessed the Tech 2® and Tech2Win software from China. 

158. Autel improperly accessed the Tech 2® and Tech2Win software 

through the ACDelco TDS Website, and by other means. 

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159. General Motors has use logs showing that the Autel Defendants made 

unauthorized downloads of certain such software files and data compilations, 

including downloads to China. 

160. Autel is also infringing these GM copyrights by, among other things, 

making unauthorized copies of vehicle calibration files, which, as alleged above, 

includes software and data compilations for vehicle reflashing and reprogramming. 

Autel achieves this through improper access to the ACDelco TDS Website, and by 

other means. 

161. General Motors has use logs showing that the Autel Defendants made 

unauthorized downloads of certain such software files and data compilations, 

including downloads from the United States to China. 

162. The Autel Defendants purchased or otherwise obtained a collection of 

calibration files on a CD, DVD, or other storage medium, and made unauthorized 

and illegal copies of some or all of such files. 

163. The Autel Defendants have made and distributed illegal copies of 

copyrighted calibration files in this district and around the country. 

164. The Autel Defendants attempted to hide their illegal copying of these 

files by encrypting them. 

165. The Autel Defendants have also infringed by making unauthorized 

use of many of the files beyond the scope of the applicable End User License 

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Agreements. For example, the Autel Defendants used the files for purposes of 

analysis, study, and reverse engineering. 

166. Still further, and on information and belief, the Autel Defendants have 

copied security software that functions as a key for unlocking certain computer 

files stored on vehicles to be serviced. 

167. Autel has also illegally copied General Motors’ copyrightable 

expression embodied in the graphic user interfaces of General Motors’ Tech 2® 

software. 

168. Autel has copied text, menu layouts, formatting, and other protectable 

elements of the Tech 2® software for its own device. Autel has even copied certain 

grammatical and spelling errors, abbreviations, and other features of the Tech 2®

screen displays (e.g., illogical ranges for certain engine data parameters), which 

further reveals Autel’s deliberate and willful copying. 

169. A few examples of such copying are shown below with General 

Motors’ Tech 2® screen displays shown on the left and Autel’s screen displays 

shown on the right. 

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170. The graphic user interfaces are protected by the copyright 

registrations referenced above. 

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171. Many people in the industry and online have commented on Autel’s 

copying of the Tech 2® software. 

172. At least one maker of a competitive diagnostic tool inquired if 

General Motors approves of Autel’s copying because he had invested significant 

time and resources so as to develop his own text, menus, and layouts to avoid 

infringing General Motors’ intellectual property. 

173. Thus, Autel’s copying not only damages General Motors, but causes 

harm to legitimate competitors. 

174. General Motors’ investigation of the Autel Defendants’ conduct is 

ongoing, and General Motors expects to find that they are, individually and/or in 

concert with one another, copying other of General Motors’ copyrighted computer 

files, possibly by making unauthorized use of the files in the manner of loading 

them from storage into RAM or other temporary memory for execution and use. 

175. The copyrights in this software are registered in one or more of the 

above-referenced registrations. 

176. This is a violation of 17 U.S.C. § 101 et seq., and especially § 501 et 

seq.

177. This is also a willful violation of General Motors’ copyrights. 

178. Defendants’ conduct has caused and, unless enjoined, will continue to 

cause, irreparable harm to General Motors. 

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179. General Motors is being damaged by this violation and seeks relief. 

COUNT IV – ILLEGAL CIRCUMVENTION OF SECURITY 

MEASURES UNDER 17 U.S.C. §1201 

180. General Motors repeats and re-alleges herein each of the foregoing 

paragraphs. 

181. General Motors utilizes a variety of security measures to control 

access to its copyrighted computer programs and, in particular, to prevent 

unauthorized users from gaining access to those computer programs. 

182. For example, General Motors itself, and General Motors Corporation 

before it, created a large number of copyrightable software, firmware, data 

compilations and other computer files for its vehicle maintenance and repair 

products and services. General Motors keeps these computer files sequestered on a 

computer system that cannot be accessed except by authorized users having a 

proper user name and password. 

183. Another security measure used by General Motors is in connection 

with computer (e.g., calibration) files stored in control modules on vehicles to be 

serviced. Those modules are locked and cannot be accessed for re-flashing and reprogramming except with the above-mentioned security software that functions as 

a key. This security software is available only to authorized and paying 

subscribers. The security software is embedded in a larger computer program 

available through TIS that subscribers use. 

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184. On information and belief, the Autel Defendants are defeating this 

security measure and accessing the modules stored on vehicles to be serviced. In 

this way, Defendants are able to replace GM’s copyrighted software on the 

modules with copies of other software and computer files copyrighted by GM. 

185. On information and belief, the Autel Defendants are defeating the 

security measure either by making an illegal copy of the security software or by 

otherwise hacking through or circumventing the lock to gain access to the 

computer files stored on the vehicle. 

186. Accordingly, the Autel Defendants have violated 17 U.S.C. § 

1201(a)(1); and this violation is willful. 

187. Autel’s conduct has caused and, unless enjoined, will continue to 

cause, irreparable harm to General Motors. 

188. As the result of the Autel Defendants’ unlawful circumvention, 

General Motors is entitled to actual damages and any additional profits of 

Defendants pursuant to 17 U.S.C. § 1203(c)(2) or statutory damages pursuant to 17 

U.S.C. § 1203(c)(3). 

189. General Motors is entitled to costs, including reasonable attorney’s 

fees pursuant to 17 U.S.C. § 1203(b). 

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COUNT V – TRAFFICKING IN ILLEGAL MEANS FOR 

CIRCUMVENTION OF SECURITY MEASURES UNDER 17 U.S.C. §1201 

190. General Motors repeats and re-alleges herein each of the foregoing 

paragraphs. 

191. On information and belief, the Autel Defendants are assisting their 

customers in defeating the security lock on computer files stored on vehicles to be 

serviced. 

192. The Autel Defendants are accomplishing this by providing their 

customers with an illegal copy of the key described above, or by providing other 

means for hacking through or circumventing the lock to gain access to the modules 

on the vehicle for purposes of re-flashing and re-programming. 

193. General Motors is being damaged by this trafficking. The trafficking 

is allowing Autel customers to make unauthorized access to protected copyrighted 

computer files on vehicles for purposes of using them, replacing them, or updating 

them with copies of other GM computer files and software protected by copyrights. 

194. Accordingly, the Autel Defendants have violated 17 U.S.C. § 

1201(a)(2); and this violation is willful. 

195. The Autel Defendants’ conduct has caused and, unless enjoined, will 

continue to cause, irreparable harm to General Motors. 

196. As the result of the Autel Defendants’ unlawful circumvention, 

General Motors is entitled to actual damages and any additional profits of 

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Defendants pursuant to 17 U.S.C. § 1203(c)(2) or statutory damages pursuant to 17 

U.S.C. § 1203(c)(3). 

197. General Motors is entitled to costs, including reasonable attorney’s 

fees pursuant to 17 U.S.C. § 1203(b). 

COUNT VI - VIOLATION OF FEDERAL COMPUTER FRAUD AND 

ABUSE ACT, 18 U.S.C. § 1030 

198. General Motors repeats and re-alleges herein each of the foregoing 

paragraphs. 

199. General Motors’ ACDelco TDS Website allows access to certain of 

General Motors’ servers, computers, computer systems, and computer networks, 

which are “protected computers” within the meaning of 18 U.S.C. § 1030(e)(2). 

200. Upon information and belief, Defendants have acted individually 

and/or conspired with one another to violate various provisions of the Computer 

Fraud and Abuse Act. 

201. Defendants have violated the Computer Fraud and Abuse Act, 18 

U.S.C. § 1030(a)(2)(C), by intentionally accessing a protected computer used for 

interstate commerce or communication, without authorization or by exceeding 

authorized access to such a protected computer, and by obtaining information from 

such a protected computer. 

202. Defendants have violated the Computer Fraud and Abuse Act, 18 

U.S.C. § 1030(a)(4) by knowingly, and with the intent to defraud General Motors, 

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accessing a protected computer, without authorization or by exceeding authorized 

access to such a computer, and by means of such conduct furthered the intended 

fraud and obtained one or more things of value, including but not limited to 

General Motors’ copyrighted software, data, and related trade secrets. 

203. Defendants have violated the Computer Fraud and Abuse Act, 18 

U.S.C. § 1030(a)(5)(B) by intentionally accessing a protected computer without 

authorization, and as a result of such conduct, recklessly causing damage to 

General Motors. 

204. Defendants have violated the Computer Fraud and Abuse Act, 18 

U.S.C. § 1030(a)(5)(C) by intentionally accessing a protected computer without 

authorization, and as a result of such conduct, causing damage and loss to General 

Motors. 

205. Defendants have violated the Computer Fraud and Abuse Act, 18 

U.S.C. § 1030(a)(6) by knowingly and with intent to defraud, trafficking in user 

names and passwords through which General Motors’ protected computers can be 

accessed without authorization, and such trafficking affects interstate and/or 

foreign commerce. 

206. As a result of Defendants’ conduct, General Motors has suffered 

damage and loss in an amount to be proven at trial but, in any event, in an amount 

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far in excess of $5,000 aggregated over a one-year period as provided for in 18 

U.S.C. § 1030(a)(4). 

207. Defendants’ unlawful access to and theft from General Motors’ 

computers has caused General Motors irreparable injury. Unless restrained and 

enjoined, Defendants will continue to commit such acts. Remedies at law are not 

adequate to compensate General Motors for these injuries, entitling General 

Motors to remedies including injunctive relief as provided by 18 U.S.C. § 1030(g). 

COUNT VII – BREACH OF CONTRACT

208. General Motors repeats and re-alleges herein each of the foregoing 

paragraphs. 

209. Users of General Motors’ ACDelco TDS Website must agree to an 

End User License Agreement every time they purchase anything on or through the 

website. In pertinent part, the End User License Agreement reads: 

This subscription allows you to use the Service Information and/or 

Service Software which is the property of General Motors LLC (GM). 

GM reserves all rights to the service information and/or service 

software and allows you as a paid subscriber access to the data as long 

as you agree to use it solely for your own use and you will not copy it 

or provide it to any person outside of your actual business. 

A complete copy of the End User License Agreement is attached as Exhibit B. 

210. On information and belief, one or more of the Autel Defendants 

agreed to this during at least one purchase that they made. 

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211. One or more of the Autel Defendants breached this by failing to use 

the licensed material solely for his or her own use. 

212. One or more of the Autel Defendants breached this by copying 

licensed material outside the scope of the license. 

213. One or more of the Autel Defendants breached this by providing 

copies to people outside of his or her actual business. For example, on information 

and belief, Defendant DeLuca made available protected materials to Autel ITC, 

which is outside of his actual business with Autel.US. 

214. Users of General Motors’ ACDelco TDS Website must also agree to 

comply with the Terms of Use every time they log on. See Exhibit A. One or 

more of the Autel Defendants agreed to the Terms of Use. 

215. One or more of the Autel Defendants breached several terms of the 

Terms of Use. 

216. For example, in violation of the “Acceptable Use” term in Section 1 

and a similar provision in Section 2 f, defendants DeLuca and Autel.US breached 

by, among other things, misusing the passwords by transferring, providing access 

to, sharing, or otherwise making available, passwords associated with user names 

mingwchu, Jianrong, and GMHelp0116 to Autel ITC and/or other individuals 

located in China for use in China. 

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217. Also, in violation of Section 2, one or more of the Autel Defendants 

violated General Motors’ rights in its intellectual property by making illegal copies 

of its copyright and trade secret-protected files. 

218. Still further in violation of Section 2, one or more of the Autel 

Defendants breached by performing at least one of the acts prohibited in subsection 

d, including but not limited to: reproducing, copying, modifying, adapting, 

distributing, transmitting, transferring, republishing, compiling or decompiling, 

reverse engineering, etc. the General Motors intellectual property or the content 

and information provided by General Motors. 

219. General Motors has performed all conditions, covenants, and promises 

required on its part to be performed in accordance with the End User License 

Agreement and Terms of Use. 

220. As a direct and proximate result of the Autel Defendants’ breach of 

the End User License Agreement and Terms of Use, the Autel Defendants have 

caused damage and will continue to cause damage to General Motors in an amount 

to be proven at trial. 

COUNT VIII – MISAPPROPRIATION OF TRADE SECRETS 

UNDER THE MICHIGAN UNIFORM TRADE SECRETS ACT 

221. General Motors repeats and re-alleges herein each of the foregoing 

paragraphs. 

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222. General Motors, and General Motors Corporation before it, invested 

substantial resources to develop the following items to service the vehicles it 

manufactures: vehicle data, data files, data compilations, data arrays, calibration 

files, lookup tables, software and firmware (hereinafter “trade secrets.”) 

223. These trade secrets have value because they can be used to service 

millions of vehicles worth hundreds of billions of dollars in an efficient and 

optimum way. 

224. General Motors’ trade secrets are not commonly known by or 

available to the public. They derive economic value from not being generally 

known to others or readily ascertainable by others using proper means. And they 

are the subject of reasonable efforts to maintain their secrecy. 

225. General Motors’ trade secrets involve software and firmware that 

required time, skill, and resources to develop, create, select, adapt, or include in 

General Motors’ vehicle servicing systems. 

226. General Motors uses reasonable security measures to maintain the 

secrecy of its trade secrets. For example, General Motors takes measures to 

obfuscate computer files so that they are difficult or impossible to read or decipher. 

227. General Motors also uses a subscription scheme to limit access to its 

trade secrets to TIS subscribers who a) agree to specific terms and conditions; b) 

use confidential user names and passwords; and c) pay for the use. 

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228. General Motors otherwise keeps its trade secrets secret through 

various safeguards including employment agreements, confidentiality agreements, 

and other processes and procedures for limiting access to a limited number of 

authorized people. General Motors also employs various forms of encryption and 

obfuscation so that even its subscribers who use the trade secrets cannot actually 

see what they are. 

229. General Motors has not authorized the Autel Defendants to use its 

trade secrets in Autel products. 

230. On information and belief, Defendants, individually and/or in concert 

with one another, misappropriated General Motors’ trade secrets by, inter alia, 

making improper and unauthorized use of Defendant DeLuca’s TIS subscriptions, 

including his user names and passwords to the ACDelco TDS Website. 

231. At the time of Defendants’ unauthorized access and use of General 

Motors’ trade secrets, which included copying files, Defendants knew or had 

reason to know that they had no right to do this, and that they were obtaining 

General Motors’ trade secrets through improper means. 

232. For example, users such as the Autel Defendants are required to 

acknowledge the Terms of Use every time they log on to the ACDelco Website, 

and these Terms (especially Section 6: Intellectual Property Rights) remind users 

that General Motors claims trade secrets in a wide variety of information. 

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233. The Autel Defendants also misappropriated trade secrets by analyzing 

and reverse engineering General Motors’ proprietary and copyrighted software. 

234. The Autel Defendants have been unjustly enriched by the improper 

appropriation, use and/or disclosure of General Motors’ trade secrets. 

235. For example, General Motors maintains logs showing that Defendants 

made repeated unauthorized access to its on-line information. Much of this access 

was from China, which is unauthorized according to one or more Terms of Use. 

236. Defendants also downloaded trade secret files and information from 

the United State to locations in China, which is also unauthorized according to one 

or more Terms of Use. 

237. Defendants attempted to hide their theft of General Motors’ trade 

secret files and information by encrypting the files and information. 

238. Defendants’ conduct has caused and, unless enjoined, will continue to 

cause, irreparable harm to General Motors. 

239. Defendants’ conduct is willful and intentional. 

240. As a result of Defendants’ trade secret misappropriation, General 

Motors is entitled to recover damages both for the actual loss caused by 

misappropriation and the unjust enrichment caused by misappropriation. At a 

minimum, General Motors is entitled to damages caused by misappropriation 

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measured in terms of a reasonable royalty for Defendants’ unauthorized use of 

General Motors’ trade secrets. 

241. General Motors is also being irreparably harmed by the 

misappropriation, and therefore seeks injunctive relief. 

COUNT IX – UNJUST ENRICHMENT 

242. General Motors repeats and re-alleges herein each of the foregoing 

paragraphs. 

243. The Autel Defendants have wrongfully benefitted from the 

development and sale of their competing devices. 

244. The Autel Defendants have not compensated General Motors for the 

benefit they have received from General Motors. 

245. Under the circumstances, it would be inequitable for the Autel 

Defendants to accept or retain the benefits conferred upon them without paying 

General Motors the value of the benefits conferred. 

246. General Motors is entitled to receive the value of the benefits 

conferred upon the Autel Defendants, and further entitled to the profits of the Autel 

Defendants resulting therefrom. 

RELIEF REQUESTED 

 Accordingly, General Motors prays that this Court enter a judgment in its 

favor and against Autel as follows: 

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 A. An order finding and declaring that: 

 1. Autel has infringed the GM Marks; 

2. Autel has engaged in false designation of origin, passing off, 

and unfair competition; 

3. Autel has infringed GM’s copyrights; 

4. Autel has engaged in illegal circumvention of copyright 

security measures; 

5. Autel has engaged in trafficking in illegal means for 

circumvention of copyright security measures; 

6. Autel has violated the Federal Computer Fraud and Abuse Act; 

7. Autel has misappropriated GM’s trade secrets; 

8. Autel has breached the parties’ Agreements; and 

9. Autel has been unjustly enriched. 

 B. An order enjoining Autel, and its employees, agents, officers, 

directors, shareholders, member, subsidiaries, related companies, affiliates, 

distributors, dealers, and all persons in active concert or participation with any of 

them, from: 

 1. infringing GM’s trademarks; 

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2. engaging in further false designation of origin, false 

advertising, passing off, and unfair competition with respect to 

General Motors; 

3. infringing GM’s copyrights; 

4. circumventing GM’s copyright security measures; 

5. trafficking in illegal means for circumventing GM’s copyright 

security measures; 

6. committing computer fraud and abuse; 

7. misappropriating GM’s trade secrets; 

8. breaching further contracts with GM; and 

9. unjustly enriching itself at GM’s expense. 

 C. An order impounding and destroying Defendants’ facilities and 

products for circumventing and trafficking, and its infringing goods. 

 D. An order awarding General Motors: 

 1. damages to compensate General Motors for the injuries caused 

by the Autel Defendants, together with any applicable interest; 

 2. statutory and other damages as provided under the Copyright 

Act; 

 3. GM’s costs, expenses, and attorney fees as provided under the 

Copyright Act, the Lanham Act, and the Michigan Uniform Trade Secrets Act; 

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 4. enhanced damages for willful and intentional infringement; 

 5. monetary awards including disgorgement of the Autel 

Defendants’ profits and unjust enrichment as provided for in the Lanham Act and 

the Michigan Uniform Trade Secrets Act; 

 6. any other unjust enrichment remedies; and 

 7. all other money to which General Motors may be entitled by 

law and equity. 

 E. Other relief as the Court may deem appropriate. 

JURY DEMAND 

Plaintiff General Motors hereby demands a trial by jury on all issues so 

triable. 

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Dated: December 22, 2014 Respectfully submitted; 

HONIGMAN MILLER SCHWARTZ AND COHN LLP 

Attorneys for Plaintiff 

By: ___________________________________

Andrew M. Grove (P48868) 

Emily J. Tait (P74708) 

HONIGMAN MILLER SCHWARTZ AND COHN LLP 

39400 Woodward Ave., Ste. 101 

Bloomfield Hills, MI 48304-5151 

Tel. (248) 566-8300 

jgrove@honigman.com

etait@honigman.com

J. Michael Huget (P39150) 

HONIGMAN MILLER SCHWARTZ AND COHN LLP 

130 South First Street, Fourth Floor 

Ann Arbor, MI 48104 

(734) 418-4254 

mhuget@honigman.com 

Counsel for Plaintiff 

s/ Andrew M. Grove

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