IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

VINCENT L. WEBB, an individual,

Plaintiff,

v.

MARLON RECREATIONAL PRODUCTS

USA, LTD., a Washington corporation, 

MARLON RECREATIONAL PRODUCTS

LTD., a Canadian corporation, BRUCE 

CAMERON, an individual, PREMIER PLUS 

ENTERPRISES INCORPORATED, an 

Oregon corporation, RICK BARNES, an 

individual, STEVEN RESCH, an individual,

and MARTY DOTTERWEICH, an 

individual,

Defendants.

Civil No. ________________

COMPLAINT FOR VIOLATION OF 

PERMANENT INJUNCTION, 

UNFAIR COMPETITION, 

FALSE DESIGNATION OF ORIGIN, 

TRADEMARK INFRINGEMENT, 

COPYRIGHT INFRINGEMENT, 

and FRAUD

Jury Trial Demanded 

Stephen J. Joncus, OSB No. 013072

Email: steve@joncus.net

JONCUS LAW LLC

P.O. Box 838

Clackamas, Oregon 97015

Telephone: 971-236-1200

Attorney for Plaintiff

VINCENT L. WEBB

Case 3:15-cv-02380-SB Document 1 Filed 12/22/15 Page 1 of 18
COMPLAINT Page 2

Plaintiff Vincent L. Webb, for his causes of action against Defendants, alleges as follows:

1. In August 2011, the U.S. District Court for the District of Oregon issued a 

permanent injunction against Changzhou Nanxiashu Tool Co., Ltd. prohibiting it from among 

other things manufacturing, importing, and selling utility trailers according to Mr. Webb’s 

proprietary designs.

2. However, in recent years, trailers manufactured by Changzhou from Mr. Webb’s 

designs have been imported into the United States in violation of the injunction.

3. The Defendants named in this lawsuit have participated in violating the injunction 

by importing and selling these trailers. Additionally, these Defendants’ actions constitute unfair 

competition, false designation of origin, trademark infringement, copyright infringement, and 

fraud.

JURISDICTION

4. This is a suit for violation of a permanent injunction, unfair competition, 

trademark infringement and false designation of origin under 15 U.S.C. Sections 1051 et seq. 

(the “Lanham Act”), and copyright infringement under the United States Copyright Act of 1976, 

as amended, 17 U.S.C. Sections 101 et seq. (the “Copyright Act”). 

5. This Court has subject matter jurisdiction pursuant to 15 U.S.C. § 1121 and 28 

U.S.C. §§ 1331 and 1338.

6. This Court has personal jurisdiction over each Defendant because each of these

Defendants have committed acts in this district or directed at this district constituting or 

contributing to the infringement alleged, so that a substantial part of the acts and events giving 

rise to the claims occurred in, or were directed at, this judicial district.

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PARTIES

7. Plaintiff Vincent L. Webb (“Vince Webb” or “Mr. Webb”) is an individual who 

resides in Grants Pass, Oregon. Mr. Webb is the exclusive owner of the federally registered 

trademarks UtilityMate® (Reg. No. 3,255,766), UtilitySport® (Reg. No. 3,278,153), “BUILD IT 

AND SAVE”® (Reg. No. 4458788), and “4 in 1”® (Reg. No. 4582732), and the common law 

trademark “UtilityDump”TM. Mr. Webb is also the owner of statutory copyrights for 

UtilityMate® Trailer Owner’s Manuals (Reg. No. TX0007187973), and UtilityMate® Web Site, 

Product Catalog, Sales Material & Package Artwork (Reg. No. TX0007748097).

8. Defendant Marlon Recreational Products USA Ltd. (“Marlon USA”) is a

corporation registered in Washington State with its principal place of business at 5309 84th Street 

E, Tacoma, WA 98466. 

9. Defendant Marlon Recreational Products Ltd. (“Marlon Canada”) is a Canadian 

corporation with its principle place of business at 7984 Venture Place, Chilliwack, British 

Columbia V2R 0K2 Canada.

10. Defendant Bruce Cameron is an individual with an office at 7984 Venture Place, 

Chilliwack, British Columbia V2R 0K2 Canada. (Marlon USA, Marlon Canada, and Bruce

Cameron will collectively be referred to as “Marlon”).

11. Defendant Premier Plus Enterprises Incorporated (“Premier Plus Enterprises”) is

an Oregon corporation with its principle place of business at 23995 N Highway 99W, Newberg, 

Oregon 97132.

12. Defendant Rick Barnes is the President of Premier Plus Enterprises Incorporated 

and resides at 19245 SW 198th Place, Sherwood, OR 97140. (Premier Plus Enterprises 

Incorporated and Rick Barnes will collectively be referred to as “Premier Plus”).

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13. Defendant Steven Resch is an individual residing at 29296 SW Heater Road, 

Sherwood, Oregon 97140.

14. Defendant Marty Dotterweich is an individual residing at 502 Rancho La Mirada 

Lane, Escondido, CA 92025.

FACTS COMMON TO ALL CLAIMS

15. Mr. Webb is the President of Trailers Intl LLC (formerly named Utility Mate 

LLC), and has been in the business of designing, developing, and selling utility trailers since 

2004. Mr. Webb conducts his utility trailer business primarily from his office and warehouse 

facility located in Grants Pass, Oregon. 

16. Mr. Webb is the exclusive owner of copyrights related to his genuine trailers and 

possesses copyright registrations with the United States Copyright Office relating to the same, 

including U.S. Copyright Registration Numbers TX 7-187-973 and TX 7-748-097. The table

below provides details regarding the ’973 and ’097 registrations.

’973 ’097

Reg. No.: TX 7-187-973

Effective Registration Date: 02/05/2010

Title: UtilityMate® Trailer Owner’s Manuals

Authorship: text, photograph(s), artwork

Reg. No.: TX 7-748-097

Effective Registration Date: 06/18/2013

Title: UtilityMate® Web Site, Product Catalog, 

Sales Material & Package Artwork

Authorship: text, photograph(s), computer program, 

artwork

17. Mr. Webb is the exclusive owner of United States Trademark Registration 

Numbers 3,226,766, 3,278,153, 4,458,788, and 4,582,732, collectively, “Plaintiff’s federally 

registered marks.” The table below provides details regarding Plaintiff’s federally registered 

marks.

Registration Data Mark

Word Mark: UTILITYMATE®

Filing Date: June 6, 2005 

Registration Number: 3226766 

Registration Date: April 10, 2007 

Case 3:15-cv-02380-SB Document 1 Filed 12/22/15 Page 4 of 18
COMPLAINT Page 5

Word Mark: UTILITYSPORT

Filing Date: October 2, 2005

Registration Number: 3278153

Registration Date: August 7, 2007

Word Mark: BUILD IT AND SAVE

Filing Date: May 14, 2013

Registration Number: 4458788

Registration Date: December 13, 2013

Word Mark: 4 IN 1

Filing Date: May 14, 2013

Registration Number: 4582732

Registration Date: August 12, 2014

18. Mr. Webb began designing utility trailers in response to a marketplace demand 

for a high quality, reasonably priced, utility trailer. Mr. Webb’s utility trailer design offers many 

advantages to sellers and buyers, for example, each trailer is delivered and sold in the box, 

making it easier to ship, store, and track logistically.

19. Genuine UtilityMate® trailers are designed to exceed with the standards of the 

United States Department of Transportation (“DOT”) as well as the requirements and best 

practices of the National Highway Traffic Safety Administration (“NHTSA”). 

20. Mr. Webb has worked years developing a good reputation for his brands. Product 

quality and integrity are priorities for Mr. Webb, as is customer safety. In addition to the DOT 

and NHTSA standards and best practices, Mr. Webb has set additional quality control and 

product integrity standards that each trailer must satisfy before Plaintiff will approve it for sale.

21. At one time (beginning in 2005 and ending in 2008), Changzhou Nanxiashu Tool 

Co., Ltd. (“Changzhou”) was licensed to manufacture UtilityMate® trailers using Mr. Webb’s 

designs, drawings, and tooling. These designs, drawings, and tooling constitute trade secrets 

owned by Mr. Webb. Changzhou also was licensed during this period to use Mr. Webb’s 

copyrights and trademarks.

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22. Genuine UtilityMate® trailers and components are manufactured and assembled 

using high quality materials, for example: the tail lights and side markers of UtilityMate®

trailers use LED technology sourced from a NHTSA authorized manufacturer; the tires are 

compliant with DOT requirements; the wire harnesses are housed in a protective, insulated 

sleeve to protect against wear and outside elements; and the trailer frames are made from high 

quality metals. Genuine UtilityMate® trailer kits are delivered with all the necessary parts and 

instructions for assembly of the trailer by the end-user.

23. Due to Changzhou’s repeated failures to meet Plaintiff’s product quality and 

integrity standards, Plaintiff terminated its licensing agreement with Changzhou in November 

2008. 

24. Sometime after termination of the agreement between Plaintiff and Changzhou,

Plaintiff discovered that Changzhou had resumed the manufacture of UtilityMate® trailers using 

Mr. Webb’s designs, drawings, and tooling for import into the United States. 

25. The trailers manufactured and imported by Changzhou were identical to 

Plaintiff’s trailers, but were unauthorized counterfeits. Changzhou sold the counterfeit trailers in 

direct competition with Plaintiff’s genuine trailers, but at a much lower price. 

26. The Changzhou counterfeit trailers caused customer confusion as to the origin of 

the trailers. In June, 2011, Plaintiff brought a complaint against Changzhou in the District of 

Oregon. Changzhou failed to appear, and on August 19, 2011 the Court entered a Default 

Judgment and Permanent Injunction against Changzhou. Case No. 3:11-cv-00747-BR, Dkt. No. 

16. (the “Permanent Injunction”).

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27. Among other things, the Permanent Injunction prohibited Changzhou “and all 

other persons in active concert or participating with them” from selling or importing trailers 

manufactured from Mr. Webb’s designs, drawings, and tooling of UtilityMate® trailers.

Infringement by Marlon

28. Bruce Cameron knew in 2011 of the Permanent Injunction entered on August 19, 

2011. 

29. Not long after the Permanent Injunction issued Bruce Cameron spoke with Vince 

Webb by telephone and was informed by Mr. Webb of the Permanent Injunction. In his 

conversations with Vince Webb, Bruce Cameron misled Mr. Webb about his importation of 

trailers after the Permanent Injunction. Mr. Cameron told Mr. Webb that he was not importing 

trailers from Changzhou. Vince Webb relied on Mr. Cameron’s representation and did not 

pursue legal action at that time. 

30. On information and belief, Bruce Cameron, Marlon Canada, and Marlon USA 

never intended to stop importing infringing trailers from Changzhou. Since the issuance of the 

Permanent Injunction, Bruce Cameron, Marlon Canada, and Marlon USA have regularly 

imported into Canada and the United States infringing trailers manufactured by Changzhou.

31. On information and belief: a container of infringing trailers manufactured by 

Changzhou was received by Marlon in Seattle, Washington on December 14, 2011; a container 

of infringing trailers manufactured by Changzhou was received by Marlon in Vancouver, British 

Columbia on December 18, 2011; a container of infringing trailers manufactured by Changzhou 

was received by Marlon in Tacoma, Washington on May 14, 2012.

32. On information and belief: a container of infringing trailers manufactured by 

Changzhou was received by Marlon in Vancouver, British Columbia on July 26, 2012; a 

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container of infringing trailers manufactured by Changzhou was received by Marlon in 

Vancouver, British Columbia on September 17, 2012; a container of infringing trailers 

manufactured by Changzhou was received by Marlon in Tacoma, Washington on September 22, 

2013.

33. On information and belief: a container of infringing trailers manufactured by 

Changzhou was received by Marlon in Vancouver, British Columbia on October 30, 2013; a 

container of infringing trailers manufactured by Changzhou was received by Marlon in 

Vancouver, British Columbia on January 13, 2014; a container of infringing trailers 

manufactured by Changzhou was received by Marlon in Vancouver, British Columbia on March 

24, 2014.

34. On information and belief: a container of infringing trailers manufactured by 

Changzhou was received by Marlon in Tacoma, Washington on April 5, 2014; a container of 

infringing trailers manufactured by Changzhou was received by Marlon in Vancouver, British 

Columbia on April 27, 2014; a container of infringing trailers manufactured by Changzhou was 

received by Marlon in Tacoma, Washington on May 23, 2014.

35. On information and belief: a container of infringing trailers manufactured by 

Changzhou was received by Marlon in Tacoma, Washington on July 17, 2014; a container of 

infringing trailers manufactured by Changzhou was received by Marlon in Tacoma, Washington

on July 18, 2014; a container of infringing trailers manufactured by Changzhou was received by 

Marlon in Vancouver, British Columbia on August 2, 2014; a container of infringing trailers 

manufactured by Changzhou was received by Marlon in Tacoma, Washington on August 17, 

2014.

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COMPLAINT Page 9

36. On information and belief: a container of infringing trailers manufactured by 

Changzhou was received by Marlon in Vancouver, British Columbia on September 21, 2014; a 

container of infringing trailers manufactured by Changzhou was received by Marlon in Seattle, 

Washington on January 31, 2015; a container of infringing trailers manufactured by Changzhou 

was received by Marlon in Tacoma, Washington on October 1, 2015.

37. Marlon’s infringement of Mr. Webb’s intellectual property rights includes the 

display availability of infringing manuals and photographs on its website. Among other things, 

Bruce Cameron has advertised on the Marlon website trailers that have been banned by the 

Permanent Injunction using Mr. Webb’s copyright images.

38. Under Bruce Cameron’s direction, Marlon has acted with a purpose to harm 

Vince Webb’s business.

Infringement by Steven Resch

39. At the time that the Permanent Injunction was entered, Steven Resch was still 

working cooperatively with Vince Webb in the trailer importation business. Steven Resch was 

well informed about the lawsuit against Changzhou and the Permanent Injunction that issued.

40. Steven Resch knew in 2011 of the Permanent Injunction entered on August 19, 

2011. 

41. Steven Resch is a broker who is very familiar with Mr. Webb’s intellectual 

property. He holds himself out to Chinese manufacturers as a sales agent capable of importing

light duty utility trailers into the United States.

42. Steven Resch does not import under his own name because he knows that these 

importations are illegal. Rather than import under his own name, Mr. Resch has sought others to 

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COMPLAINT Page 10

put their names on the import records. For instance, Mr. Resch persuaded Mr. Barnes to import 

and sell the contents of two containers of trailers that violate the Permanent Injunction. 

43. Mr. Resch arranged deals to import trailers that infringed Mr. Webb’s intellectual 

property rights and the Permanent Injunction.

Infringement by Marty Dotterweich

44. Between May 2005 and June 2008, Changzhou manufactured thousands of 

authorized UtilityMate® and UtilitySport® trailers for import into the United States. Marty 

Dotterweich was the agent for Changzhou for the importation of these trailers. However, due to 

Changzhou’s failure to maintain quality standards, the contract with Changzhou was terminated

in 2008.

45. Since the termination of the contract, Marty Dotterweich had shown a propensity 

to violate Vince Webb’s intellectual property. In 2009, Vince Webb discovered that Marty 

Dotterweich and Changzhou were conspiring to manufacture and import UtilityMate® trailers, 

passing them off as Changzhou trailers, sometimes under the name “Big Boy.” 

46. As the agent for Changzhou, Marty Dotterweich was well aware in 2011 of the 

lawsuit against Changzhou and the resulting injunction. Mr. Webb personally informed Mr. 

Dotterweich of the Permanent Injunction.

47. Marty Dotterweich is again conspiring with others to import trailers in violation 

of the Permanent Injunction. Mr. Dotterweich has the contacts within Changzhou that Steve 

Resch and Rick Barnes lack. Marty Dotterweich, Steven Resch, and Rick Barnes have worked 

together to arrange for the importation of infringing trailers from Changzhou after the Permanent 

Injunction issued.

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Infringement by Premier Plus

48. Rick Barnes knows both Marty Dotterweich and Steven Resch.

49. Premier Plus did business with Steven Resch to import and sell trailers 

manufactured by Changzhou. Premier Plus did business with Marty Dotterweich to import and 

sell trailers manufactured by Changzhou. Premier Plus did business with Marlon to import and 

sell trailers manufactured by Changzhou.

50. Rick Barnes, through his company Premier Plus, holds himself out as a seller of 

importer of 4 in 1® utility trailers. Rick Barnes has imported and sold 4 in 1® utility trailers 

manufactured by Changzhou, as well as other models of UtilityMate® trailers, in violation of the 

Permanent Injunction.

51. Vince Webb told Rick Barnes about the Permanent Injunction and provided him a 

copy of the Permanent Injunction in an email dated August 19, 2015.

52. After August 19, 2015, Premier Plus sold seven trailers manufactured by 

Changzhou to Trailer City PDX LLC. 

53. Premier Plus invoice # 504, dated August 28, 2015, reflects the sale of two trailers 

manufactured by Changzhou to Trailer City PDX LLC. These two trailers were manufactured by 

Changzhou in China in 2015 and are identical to the “4 in 1 Utility Trailer” shown in Exhibit A 

of the Permanent Injunction. Sale of these two trailers was prohibited by the Permanent 

Injunction.

54. Premier Plus invoice # 528 dated September 21, 2015, reflects the sale of five 

trailers manufactured by Changzhou to Trailer City PDX LLC. These five trailers were 

manufactured by Changzhou in China in 2015 and are identical to the 5’ x 8’ “All Terrain 

Case 3:15-cv-02380-SB Document 1 Filed 12/22/15 Page 11 of 18
COMPLAINT Page 12

Trailers” shown in Exhibit A of the Permanent Injunction. Sale of these five trailers was

prohibited by the Permanent Injunction.

55. Premier Plus invoice # 250 dated December 12, 2014, reflects the sale of two 

trailers manufactured by Changzhou to Trailer City PDX LLC. These two trailers were 

manufactured by Changzhou in China and are identical to the 5’ x 8’ “All Terrain Trailers” 

shown in Exhibit A of the Permanent Injunction. Sale of these two trailers was prohibited by the 

Permanent Injunction.

56. Premier Plus invoice # 256 dated January 5, 2015, reflects the sale of two trailers 

manufactured by Changzhou to Trailer City PDX LLC. These two trailers were manufactured by 

Changzhou in China and are identical to the 5’ x 8’ “All Terrain Trailers” shown in Exhibit A of 

the Permanent Injunction. Sale of these two trailers was prohibited by the Permanent Injunction.

57. Premier Plus has sold trailers manufactured by Changzhou to many retailers, other 

than Trailer City PDX LLC, throughout the Northwest in violation of the Permanent Injunction.

58. With knowledge of the Permanent Injunction, Rick Barnes has sold infringing 

trailers manufactured by Changzhou to retailers throughout the Northwest in violation of the 

Permanent Injunction.

59. Premier Plus was also infringing Vince Webb’s intellectual property in other 

ways. For example, Premier Plus invoice # 503 dated August 28, 2015, reflects the sale of four 

trailers to Trailer City PDX LLC. Each of these four trailers bears the UtilityMate® trademark. 

Each of these four trailers has a VIN tag purporting to show that it was manufactured by Premier 

Plus Enterprises. The invoice for these four trailers indicates that they were sold under the 

“Trailblazer” mark. Premier Plus was not the manufacturer of these four trailers. Premier Plus 

was not authorized by Vince Webb to put a Premier Plus VIN tag on a trailer marked with the 

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COMPLAINT Page 13

UtilityMate® trademark. Premier Plus was not authorized to sell UtilityMate® trailers under the 

“Trailblazer” mark.

60. Premier Plus has sold infringing trailers bearing the UtilityMate® mark to many 

retailers, other than Trailer City PDX LLC, throughout the Northwest.

CLAIM ONE – VIOLATION OF THE PERMANENT INJUNCTION

(Against all Defendants)

61. Mr. Webb repeats and realleges each of the allegations contained in paragraphs 1 

through 60 above as if fully set forth herein.

62. Each Defendant had knowledge of the Permanent Injunction prior to committing 

acts in violation of the Permanent Injunction.

63. Marlon USA imported and sold utility trailers in violation of the Permanent 

Injunction. Bruce Cameron imported and sold utility trailers in violation of the Permanent 

Injunction.

64. Premier Plus imported and sold utility trailers in violation of the Permanent 

Injunction.

65. Steven Resch participated with Marty Dotterweich and Premier Plus to import 

and sell utility trailers in violation of the Permanent Injunction.

66. Marty Dotterweich, an agent of Changzhou, arranged for the importation of 

infringing trailers in violation of the Permanent Injunction.

67. Marty Dotterweich participated with Steven Resch and Premier Plus to import 

and sell utility trailers in violation of the Permanent Injunction.

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CLAIM TWO – UNFAIR COMPETITION

(Against All Defendants)

68. Mr. Webb repeats and realleges each of the allegations contained in paragraphs 1 

through 67 above as if fully set forth herein.

69. Mr. Webb is the owner of the designs, drawings, and tooling for UtilityMate® 

trailers.

70. Using Mr. Webb’s designs, drawings, and tooling, Changzhou manufactured

trailers for import into the United States using Mr. Webb’s designs, drawings, and tooling. 

71. Marlon Canada and Bruce Cameron imported into Canada trailers manufactured 

by Changzhou from Mr. Webb’s designs, drawings, and tooling. Marlon USA and Bruce 

Cameron imported into the United States trailers manufactured by Changzhou from Mr. Webb’s 

designs, drawings, and tooling.

72. Marlon Canada, Marlon USA, and Bruce Cameron sold trailers manufactured by 

Changzhou from Mr. Webb’s designs, drawings, and tooling.

73. Premier Plus Enterprises, Rick Barnes, Steven Resch, and Marty Dotterweich

each trafficked in infringing utility trailers built according to Mr. Webb’s designs. They were 

each involved in the importation of these trailers. And they each benefited from the sale of these 

infringing trailers.

74. Defendants’ activities have caused and will continue to cause a likelihood of 

confusion and deception of members of the trade and public and injury to Mr. Webb’s goodwill 

and reputation.

75. Defendants activities constitute unfair competition in violation of 15 U.S.C. 

§1125. Vince Webb is entitled to injunctive relief and to recovery of his actual damages

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CLAIM THREE – FALSE DESIGNATION OF ORIGIN

(Against Marlon USA, Marlon Canada, Bruce Cameron, Premier

Plus Enterprises, and Rick Barnes)

76. Mr. Webb repeats and realleges each of the allegations contained in paragraphs 1 

through 75 above as if fully set forth herein.

77. Marlon USA, Marlon Canada, and Bruce Cameron marked trailers manufactured 

by Changzhou according to Mr. Webb’s designs with the Marlon mark falsely indicating that 

Marlon was the origin.

78. Premier Plus Enterprises and Rick Barnes marked trailers manufactured by 

Changzhou according to Mr. Webb’s designs with the Premier Plus mark falsely indicating that 

Premier Plus was the origin.

79. Premier Plus Enterprises and Rick Barnes marked trailers bearing the 

UtilityMate® mark with the Premier Plus mark falsely indicating that Premier Plus was the 

origin.

80. These acts of false designation of origin by each Defendant are likely to cause 

consumer confusion as to the source of these utility trailers in violation of 15 U.S.C. § 1125.

81. These acts by each Defendant have damaged Mr. Webb’s business.

CLAIM FOUR – TRADEMARK INFRINGEMENT

(Against Premier Plus, Steven Resch and Marty Dotterweich)

82. Mr. Webb repeats and realleges each of the allegations contained in paragraphs 1 

through 81 above as if fully set forth herein.

83. Mr. Webb is the owner of registered trademarks including a registration for the 

mark 4 in 1®. 

84. Rick Barnes and Premier Plus Enterprises have been offering utility trailers for 

sale under the name 4 in 1® without authorization from Mr. Webb.

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COMPLAINT Page 16

85. On information and belief, Steven Resch and Marty Dotterweich have been 

trafficking in utility trailers using the name 4 in 1® without authorization from Mr. Webb.

86. These unauthorized uses of Mr. Webb’s 4 in 1® trademark are likely to cause 

consumer confusion as to the source of these utility trailers in violation of 15 U.S.C. §§ 1114 and 

1125.

87. These acts by Premier Plus Enterprises, Rick Barnes, Steven Resch, and Marty 

Dotterweich have damaged Mr. Webb’s business.

CLAIM FIVE – COPYRIGHT INFRINGEMENT

(Against Marlon and Premier Plus)

88. Mr. Webb repeats and realleges each of the allegations contained in paragraphs 1 

through 87 above as if fully set forth herein.

89. Mr. Webb is the owner of copyrights in photographs, drawings, written materials 

related to UtilityMate® trailers. 

90. Marlon USA, Marlon Canada, and Bruce Cameron have advertised infringing 

trailers on its website copied from Mr. Webb’s copyrighted images. Marlon USA, Marlon 

Canada, and Bruce Cameron have provided to their customers manuals and other written 

materials copied from Mr. Webb’s copyrighted materials. 

91. Premier Plus Enterprises and Rick Barnes have sold infringing trailers marked 

with a safety sticker copied from Mr. Webb’s copyrighted safety sticker.

92. Upon information and belief, Premier Plus Enterprises, Rick Barnes, Marlon 

USA, Marlon Canada, and Bruce Cameron have provided customers with manuals and other 

written materials copied from Mr. Webb’s copyrighted materials.

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CLAIM SIX – FRAUD

(Against Bruce Cameron)

93. Mr. Webb repeats and realleges each of the allegations contained in paragraphs 1 

through 92 above as if fully set forth herein.

94. Bruce Cameron represented to Vince Webb that he was not importing trailers 

manufactured by Changzhou and the would not in the future import trailers manufactured by 

Changzhou.

95. Bruce Cameron’s representation was false. Bruce Cameron knew that his 

representation was false at the time that he made it. Bruce Cameron made the representation with 

the intent that Vince Webb would rely on it. Vince Webb relied on Mr. Cameron’s representation 

and was damaged by his reliance.

PRAYER FOR RELIEF

WHEREFORE, Vincent L. Webb prays for the following relief:

A. A judgment for Plaintiff against each Defendant for violation of the Permanent 

Injunction;

B. A judgment for Plaintiff against each Defendant for unfair competition;

C. A judgment for Plaintiff against Marlon and Premier Plus for false designation of 

origin;

D. A judgment for Plaintiff against Premier Plus Enterprises, Rick Barnes, Steven 

Resch, and Marty Dotterweich for trademark infringement; 

E. A judgment for Plaintiff against Premier Plus Enterprises, Rick Barnes, Marlon 

USA, Marlon Canada, and Bruce Cameron and copyright infringement;

F. A judgment for Plaintiff against Bruce Cameron for fraud;

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COMPLAINT Page 18

G. A grant of permanent injunction against Defendants enjoining them from using 

Plaintiff’s federally registered copyrights and trademarks, or dealing in trailers the same as or 

confusingly similar to those designed by Mr. Webb;

H. A judgment awarding Plaintiff compensatory and/or statutory damages;

I. A judgment awarding Plaintiff enhanced and punitive damages;

J. An award to Plaintiff of its costs, disbursements, and reasonable attorneys’ fees 

incurred in this action; and

K. Such other and further relief as may be deemed just and appropriate.

DEMAND FOR JURY TRIAL

Pursuant to Fed. R. Civ. P. 38(b), Plaintiff requests a trial by jury on all issues properly 

triable by a jury.

Respectfully submitted,

Dated: December 22, 2015 By: s/ Stephen J. Joncus

Stephen J. Joncus, OSB No. 013072

Email: steve@joncus.net

JONCUS LAW LLC

P.O. Box 838

Clackamas, Oregon 97015

Telephone: 971-236-1200

Attorney for Plaintiff

VINCENT L. WEBB

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