Case 4:24-cv-04482-JST Document 1 Filed 07/24/24 Page 1 of 22

1 A. Louis Dorny (CA 212054)

ldorny@tesla.com
2 Alex Hanna (DC 975725 / pro hac to be filed)
alehanna@tesla.com
3
CA Reg. In-House Counsel
4 Aengus Carr (CA 240953)
aecarr@tesla.com
5 TESLA, INC.
3000 Hanover St.
6 Palo Alto, CA 94304
Tel: 510-298-8516
7
Attorneys for Plaintiff
8 TESLA, INC.
UNITED STATES DISTRICT COURT
9 NORTHERN DISTRICT OF CALIFORNIA
10 ___________DIVISION

11
TESLA, INC., Case No.
12
Plaintiff, COMPLAINT FOR:
13
v. 1. Federal False Advertising (15 U.S.C. §
14 1125(a)(1)(B))
15 EVJECT, INC. 2. Federal Trademark Dilution (15 U.S.C.
§ 1125(c))
16 Defendant. 3. Violation of California Bus. & Prof.
Code § 17500
17 4. Violation of California Bus. & Prof.
Code § 17200
18
19

20
Plaintiff Tesla, Inc. (“Tesla”), by way of its Original Complaint against EVject, Inc.,
21
(“EVject”) states and alleges as follows:
22
23
NATURE OF ACTION
24
1. Plaintiff Tesla owns and operates the Supercharger network, the largest and most
25
reliable DC fast charging network for electric vehicles in North America. Tesla’s Superchargers
26
make up three out of four 100kW fast chargers in North America. The charging connector used by
27
Superchargers and Tesla vehicles was originally a proprietary connector developed by Tesla.
28 PLAINTIFF’S COMPLAINT FOR
FEDERAL FALSE ADVERTISING, TRADEMARK DILUTION,
& CALIF. BUS. & PROF. CODE §§ 17200 & 17500
Case No. ______________
 Case 4:24-cv-04482-JST Document 1 Filed 07/24/24 Page 2 of 22

1 2. In November 2022, Tesla announced it was releasing this connector as a new

2 standard, called the North America Charging Standard (“NACS”). Today, the NACS standard is

3 governed by the Society of Automotive Engineers (“SAE”) and is formally known as NACS SAE

4 J3400. NACS has been adopted in North America by all large automakers, charging equipment

5 manufacturers, and charging station operators, with new vehicles and charging equipment

6 transitioning to the NACS by 2026.

7 3. Defendant EVject promotes, sells, and distributes a dangerous product intended for

8 use on Tesla’s Supercharging network. Although advertised as “safe[]” and “works seamlessly

9 with [an] electric vehicle’s built-in safety systems,” Defendant’s dangerous product is sold as a

10 NACS “breakaway charging connector” marketed to electric vehicle owners who want to charge

11 their Tesla vehicle at Tesla’s Supercharger network and “easily escape,” without leaving their

12 vehicle (hereinafter “EVject Escape Connector”). See https://evject.com (“EVject is the only EV

13 charging connector that allows you to safely disconnect and drive away in an emergency situation

14 - without ever leaving your vehicle. Our patented breakaway technology works seamlessly with

15 your electric vehicle’s built-in safety systems, giving you the peace of mind to charge anywhere,

16 anytime.”) (last accessed July 11, 2024).

17 4. Plaintiff has conducted an analysis of the EVject Escape Connector and concluded

18 that Defendant’s EVject Escape Connector poses a high safety risk and foreseeably causes

19 catastrophic injury to purchasers of the EVject Escape Connector, the public at large and/or causes

20 property damage to Plaintiff’s Supercharger infrastructure.

21 5. Defendant on its own website identifies “KNOWN ISSUES,” including, but not

22 limited to, “Car Body Interference,” “Charge Port Flange Gap,” and that the “EVject [Escape

23 Connector] may get hot during Cybertruck [charging] sessions from 0-25%.” See

24 https://evject.com/pages/tesla-model-compatibility (last accessed July 11, 2024) (emphasis added).

25 6. Plaintiff has taken all reasonable actions and efforts to alert Defendant to the risk of

26 harm and after exhausting efforts, seeks civil relief from this Court.

27
28 2
PLAINTIFF’S COMPLAINT FOR
FEDERAL FALSE ADVERTISING, TRADEMARK DILUTION,
& CALIF. BUS. & PROF. CODE §§ 17200 & 17500
Case No. ______________
 Case 4:24-cv-04482-JST Document 1 Filed 07/24/24 Page 3 of 22

1 PARTIES

2 7. Plaintiff Tesla is a Texas corporation, having its principal place of business at 1

3 Tesla Road, Austin, Texas 78725.
4 8. On information and belief, Defendant EVject, Inc., is a Delaware corporation,
5 having its principal place of business at 758 S. Automall Drive, Suite 18, American Fork, UT
6 84003. EVject’s registered agent is National Registered Agents, Inc., 1209 Orange St.,
7 Wilmington, DE, 19801.
8
9 JURISDICTION AND VENUE
10 9. This is a civil action for federal false advertising under the Lanham Act, 15 U.S.C.
11 § 1125(a)(1)(B), federal trademark dilution under the Lanham Act, 15 U.S.C. § 1125(c), false
12 advertising under California Business and Professions Code § 17500, and unfair competition under
13 California Business and Professions Code § 17200.
14 10. This Court has federal question subject-matter jurisdiction over this action under
15 the provisions of 15 U.S.C. § 1121, 28 U.S.C. § 1331, and/or 28 U.S.C. § 1338, because the
16 Complaint alleges violations of federal trademark/dilution laws.
17 11. This Court has supplemental jurisdiction under 28 U.S.C. § 1367 over the state law
18 claims, because the state law claims are so related to the federal trademark claims in this action,
19 over which this Court has original jurisdiction, that they form part of the same case or controversy
20 under Article III of the United States Constitution.
21 12. Venue in this district is proper under 28 U.S.C. §1391 because Defendant is subject
22 to personal jurisdiction here, and Plaintiff has suffered injury in this district.
23
24 INTRADISTRICT ASSIGNMENT
25 13. In accordance with Civil Local Rule 3-2(c), this action is properly assigned on a
26 District-wide basis because it relates to Intellectual Property Rights.
27
28 3
PLAINTIFF’S COMPLAINT FOR
FEDERAL FALSE ADVERTISING, TRADEMARK DILUTION,
& CALIF. BUS. & PROF. CODE §§ 17200 & 17500
Case No. ______________
 Case 4:24-cv-04482-JST Document 1 Filed 07/24/24 Page 4 of 22

1
2 FACTUAL BACKGROUND

3 A. Tesla’s Business and History

4 14. Tesla was first incorporated in 2003 as Tesla Motors, Inc. and, in 2017, changed its
5 name to Tesla, Inc. Tesla designs, manufactures, and sells electric vehicles, stationary battery
6 energy storage devices, solar panels, solar shingles, and related products and services.
7 15. In 2008, the company began production of its first car model, the Roadster sports
8 car, followed by the Model S sedan in 2012, the Model X SUV in 2015, the Model 3 sedan in
9 2017, the Model Y crossover in 2020, the Tesla Semi truck in 2022, and the Cybertruck in 2023.
10 16. In August 2023, the Tesla Model Y electric vehicle made history by becoming the
11 top-selling car globally across 160-plus countries.
12 B. Tesla’s Trademarks
13 17. Tesla owns all rights, title, and interest in the Tesla Marks, many of which are
14 included on the Principal Register of the U.S. Patent and Trademark Office (“USPTO”). The Tesla
15 Marks are well-known. They are used in connection with Tesla’s electric vehicles, energy storage,
16 solar energy, and autonomous driving. They include, but are not limited to, the following marks
17 that are used in interstate commerce.
18 Mark App. Reg. No. Reg. Cls. Goods/Services
Date Date
19 T Design 06/15 6251645 01/19/20 09 (09) Solar energy equipment,
/2017 21 namely, photo-voltaic solar modules
20 in the shape of panels or roofing
tiles for converting electromagnetic
radiation into electrical energy;
21 equipment for use in connection
with collecting and converting solar
22 energy into electricity, namely,
inverters.
23 T Design 02/11 6029381 04/07/20 09, (09) Wirelessly connected electric
/2015 20 37, battery apparatus with embedded
42 remotely updateable software and
24 firmware for storage and discharge
of stored electricity for usage in
25 entire dwellings and buildings;
wirelessly connected electric battery
26 apparatus with embedded remotely
updateable software and firmware
for storing, and discharging stored
27 electricity supplied by or to an

28 4
PLAINTIFF’S COMPLAINT FOR
FEDERAL FALSE ADVERTISING, TRADEMARK DILUTION,
& CALIF. BUS. & PROF. CODE §§ 17200 & 17500
Case No. ______________
 Case 4:24-cv-04482-JST Document 1 Filed 07/24/24 Page 5 of 22

1 Mark App. Reg. No. Reg. Cls. Goods/Services

Date Date
2 electric power grid or other source
of electric power generation for
stabilizing and meeting electricity
3 demands and usage goals; computer
software for monitoring, optimizing
4 and regulating the storage, and
discharge of stored energy to and
5 from such wirelessly connected
electric battery apparatus. (37)
Installation, maintenance and repair
6 and upgrading of wirelessly
connected electric battery apparatus,
7 and consulting related thereto, for
the storage and discharge of stored
8 electricity for stabilizing and
meeting electricity demands and
9 usage goals. (42) Monitoring of
wirelessly connected electric battery
apparatus with embedded firmware
10 and software for storing and
supplying electricity to ensure
11 proper functioning and
programming for meeting electricity
12 demands and usage goals; Design of
electric battery systems comprised
of wirelessly connected electric
13 battery apparatus and supporting
software, all for storage and
14 discharge of stored electricity, in
order to optimize the design
15 efficiency, programming and
configuration of said systems, and
consulting services related thereto;
16 Software as a service (SAAS)
featuring software for monitoring,
17 optimizing and regulating the
storage and discharge of stored
18 energy to and from wirelessly
connected electric battery apparatus;
Providing online non-downloadable
19 software for monitoring, optimizing
and regulating the storage and
20 discharge of stored energy to and
from wirelessly connected electric
21 battery apparatus; Management of
wirelessly connected electric battery
apparatus with embedded software
22 and firmware for the storage and
discharge of stored electricity by
23 programming and configuring
software for electric battery
24 apparatus; Installation, maintenance
and repair and upgrading of
remotely updateable computer
25 software and firmware embedded in
wirelessly connected electric battery
26 apparatus, and consulting related
thereto, for the storage and
27 discharge of stored electricity for

28 5
PLAINTIFF’S COMPLAINT FOR
FEDERAL FALSE ADVERTISING, TRADEMARK DILUTION,
& CALIF. BUS. & PROF. CODE §§ 17200 & 17500
Case No. ______________
 Case 4:24-cv-04482-JST Document 1 Filed 07/24/24 Page 6 of 22

1 Mark App. Reg. No. Reg. Cls. Goods/Services

Date Date
2 stabilizing and meeting electricity
demands and usage goals.
3
T Design 07/21 4560509 07/01/20 12, (12) Brake calipers for land
4 /2009 14 18 vehicles; anti-skid chains, roof-
racks, shock absorbers, springs,
stabilizer bars, suspensions, all for
5 vehicles; fitted covers for vehicles;
semi-fitted covers for vehicles; trim
6 panels for vehicle bodies. (18)
Book bags; school bags.
7 T Design 07/21 4226096 10/16/20 12, (12) Apparatus for locomotion by
/2009 12 21, land, air or water, namely, cars,
25, boats, airplanes; electric
8 37, automobiles; electric automobile
39, parts, fully battery electric, high
9 40 performance sports automobile;
seats, upholstery, steering wheels,
10 automobile wheel hubs; vehicle
wheels; motor vehicle bodies;
vehicles, namely, automobiles;
11 motors; motor land vehicles; parts
and fittings for motor land vehicles,
12 namely, structural automobile parts
and powertrain components. (21)
13 Cups and mugs. (25) Articles of
clothing, namely, t-shirts, shirts,
jackets, hats; headgear, namely,
14 sports hats, caps, sun visors. (37)
Providing maintenance and repair
15 services for automobiles. (39)
Transportation and storage of
16 automobiles. (40) Custom
manufacture of vehicles.
T Design 09/22 7226629 11/21/20 18 (18) Book bags; school bags;
17 /2022 23 backpacks.

18
19 T Design 04/12 7055039 05/16/20 26 (26) Belt buckles.
/2022 23
20
21 T Design 02/15 6322825 04/13/20 28 (28) Model cars; toy cars; toy
/2019 21 vehicles; toy vehicle play sets and
22 accessories therefor; miniature toy
models of vehicles, diecast toy
23 vehicle models; scale size collector
toy model vehicles.
T Design 07/17 4901891 02/16/20 39 (39) Leasing of motor vehicles.
24 /2015 16

25
26
27
28 6
PLAINTIFF’S COMPLAINT FOR
FEDERAL FALSE ADVERTISING, TRADEMARK DILUTION,
& CALIF. BUS. & PROF. CODE §§ 17200 & 17500
Case No. ______________
 Case 4:24-cv-04482-JST Document 1 Filed 07/24/24 Page 7 of 22

1 Mark App. Reg. No. Reg. Cls. Goods/Services

Date Date
2 T Design 05/27 6958647 01/17/20 43 (43) Restaurant services, pop-up
/2021 23 restaurant services, self-service
restaurant services, take-out
3 restaurant services.
T Logo 06/26 7429137 06/25/20 32 (32) Beer.
4 /2023 24

5
6 TESLA 04/17 4554429 06/24/20 09 (09) Batteries to supply electric
/2013 14 power to motors for electric
vehicles; wall-mounted electric
7 power connector to charge electric
automobiles; mobile plug-in electric
8 power connector to charge electric
automobiles; downloadable software
9 in the nature of a mobile application
for monitoring electric charge and
status of vehicles and remote control
10 of vehicle; downloadable software
in the nature of vehicle operating
11 system software.
TESLA 02/11 6289537 03/09/20 09, (09) Wirelessly connected electric
12 /2015 21 36, battery apparatus with embedded
40, remotely updateable software and
42 firmware for storage and discharge
13 of stored electricity for usage in
dwellings and buildings; wirelessly
14 connected electric battery apparatus
with embedded remotely updateable
15 software and firmware for storing,
and discharging stored electricity
supplied by or to an electric power
16 grid or other source of electric
power generation for stabilizing and
17 meeting electricity demands and
usage goals; computer software for
18 monitoring, optimizing and
regulating the storage, and discharge
of stored energy to and from such
19 wirelessly connected electric battery
apparatus. (36) Financing services
20 relating to wirelessly connected
electric battery apparatus with
21 embedded remotely updateable
software and firmware for the
storage, and discharge of stored
22 electricity for stabilizing and
meeting electricity demands and
23 usage goals. (40) Leasing of
wirelessly connected electric battery
24 apparatus with embedded remotely
updateable software and firmware
25 for the storage, and discharge of
stored electricity for stabilizing and
meeting electricity demands and
26 usage goals. (42) Monitoring of
wirelessly connected electric battery
27 apparatus with embedded firmware

28 7
PLAINTIFF’S COMPLAINT FOR
FEDERAL FALSE ADVERTISING, TRADEMARK DILUTION,
& CALIF. BUS. & PROF. CODE §§ 17200 & 17500
Case No. ______________
 Case 4:24-cv-04482-JST Document 1 Filed 07/24/24 Page 8 of 22

1 Mark App. Reg. No. Reg. Cls. Goods/Services

Date Date
2 and software for storing and
supplying electricity to ensure
proper functioning and
3 programming for meeting electricity
demands and usage goals; Design of
4 electric battery systems comprised
of wirelessly connected electric
5 battery apparatus and supporting
software, all for storage and
discharge of stored electricity, in
6 order to optimize the design
efficiency, programming and
7 configuration of said systems, and
consulting services related thereto;
8 Software as a service (SAAS)
featuring software for monitoring,
9 optimizing and regulating the
storage and discharge of stored
energy to and from wirelessly
10 connected electric battery apparatus;
Providing online non-downloadable
11 software for monitoring, optimizing
and regulating the storage and
12 discharge of stored energy to and
from wirelessly connected electric
battery apparatus; Management of
13 wirelessly connected electric battery
apparatus with embedded software
14 and firmware for the storage and
discharge of stored electricity by
15 programming and configuring
software for electric battery
apparatus; Installation, maintenance
16 and repair and upgrading of
remotely updateable computer
17 software and firmware embedded in
wirelessly connected electric battery
18 apparatus, and consulting related
thereto, for the storage and
discharge of stored electricity for
19 stabilizing and meeting electricity
demands and usage goals.
20 TESLA 04/17 4443472 12/03/20 12 (12) Automobiles and structural
/2013 13 parts therefor.
21
TESLA 04/17 4443471 12/03/20 36 (36) Financing relating to
22 /2013 13 automobiles.

23 TESLA 04/17 6180977 10/20/20 36 (36) Insurance agencies and

/2019 20 brokerage in the field of automobile
24 insurance; providing online
information regarding financing an
automobile, including insurance
25 information and costs; insurance
services, namely, underwriting,
26 issuing and administration of
automobile insurance; insurance
27 services, namely, underwriting

28 8
PLAINTIFF’S COMPLAINT FOR
FEDERAL FALSE ADVERTISING, TRADEMARK DILUTION,
& CALIF. BUS. & PROF. CODE §§ 17200 & 17500
Case No. ______________
 Case 4:24-cv-04482-JST Document 1 Filed 07/24/24 Page 9 of 22

1 Mark App. Reg. No. Reg. Cls. Goods/Services

Date Date
2 extended warranty contracts in the
field of automobiles; insurance
claims processing in the field of
3 automobiles; providing vehicle
insurance rate quotes.
4 TESLA 04/17 4443470 12/03/20 37 (37) Providing maintenance and
/2013 13 repair services for automobiles.
5
TESLA 07/17 5006090 07/26/20 39 (39) Leasing of motor vehicles.
6 /2015 16

7 TESLA 06/22 6158369 09/22/20 42 (42) Monitoring of solar panels and

/2016 20 other equipment for use in
8 converting solar energy into
electricity to ensure proper
functioning and programming for
9 meeting electricity demands and
usage goals; monitoring of
10 efficiency, production levels and
other performance data of solar
11 panels and other equipment for use
in converting solar energy into
electricity.
12 TESLA 05/27 6958645 01/17/20 43 (43) Restaurant services, pop-up
/2021 23 restaurant services, self-service
13 restaurant services, take-out
restaurant services.
14 TESLA 03/03 6323811 04/13/20 06, (06) Roofing, of metal,
(Stylized) /2020 21 19 incorporating solar cells. (19)
15 Roofing, not of metal, incorporating
solar cells.
TESLA 02/11 6289538 03/09/20 09, (09) Wirelessly connected electric
16 (Stylized) /2015 21 36, battery apparatus with embedded
40, remotely updateable software and
17 42 firmware for storage and discharge
of stored electricity for usage in
18 dwellings and buildings; wirelessly
connected electric battery apparatus
with embedded remotely updateable
19 software and firmware for storing,
and discharging stored electricity
20 supplied by or to an electric power
grid or other source of electric
21 power generation for stabilizing and
meeting electricity demands and
usage goals; computer software for
22 monitoring, optimizing and
regulating the storage, and discharge
23 of stored energy to and from such
wirelessly connected electric battery
24 apparatus. (36) Financing services
relating to wirelessly connected
electric battery apparatus with
25 embedded remotely updateable
software and firmware for the
26 storage, and discharge of stored
electricity for stabilizing and
27 meeting electricity demands and

28 9
PLAINTIFF’S COMPLAINT FOR
FEDERAL FALSE ADVERTISING, TRADEMARK DILUTION,
& CALIF. BUS. & PROF. CODE §§ 17200 & 17500
Case No. ______________
 Case 4:24-cv-04482-JST Document 1 Filed 07/24/24 Page 10 of 22

1 Mark App. Reg. No. Reg. Cls. Goods/Services

Date Date
2 usage goals. (40) Leasing of
wirelessly connected electric battery
apparatus with embedded remotely
3 updateable software and firmware
for the storage, and discharge of
4 stored electricity for stabilizing and
meeting electricity demands and
5 usage goals. (42) Monitoring of
wirelessly connected electric battery
apparatus with embedded firmware
6 and software for storing and
supplying electricity to ensure
7 proper functioning and
programming for meeting electricity
8 demands and usage goals; design of
electric battery systems comprised
9 of wirelessly connected electric
battery apparatus and supporting
software, all for storage and
10 discharge of stored electricity, in
order to optimize the design
11 efficiency, programming and
configuration of said systems, and
12 consulting services related thereto;
software as a service (SAAS)
featuring software for monitoring,
13 optimizing and regulating the
storage and discharge of stored
14 energy to and from wirelessly
connected electric battery apparatus;
15 providing online non-downloadable
software for monitoring, optimizing
and regulating the storage and
16 discharge of stored energy to and
from wirelessly connected electric
17 battery apparatus; management of
wirelessly connected electric battery
18 apparatus with embedded software
and firmware for the storage and
discharge of stored electricity by
19 programming and configuring
software for electric battery
20 apparatus; installation, maintenance
and repair and upgrading of
21 remotely updateable computer
software and firmware embedded in
wirelessly connected electric battery
22 apparatus, and consulting related
thereto, for the storage and
23 discharge of stored electricity for
stabilizing and meeting electricity
24 demands and usage goals.
TESLA 07/21 4560510 07/01/20 12, (12) Anti-skid chains, roof-racks,
(Stylized) /2009 14 18, shock absorbers, springs, stabilizer
25 27, bars, suspensions, all for vehicles;
36 trim panels for vehicle bodies; brake
26 calipers for land vehicles. (18)
Book bags; school bags. (27) Mats.
27 (36) Providing financial services

28 10
PLAINTIFF’S COMPLAINT FOR
FEDERAL FALSE ADVERTISING, TRADEMARK DILUTION,
& CALIF. BUS. & PROF. CODE §§ 17200 & 17500
Case No. ______________
 Case 4:24-cv-04482-JST Document 1 Filed 07/24/24 Page 11 of 22

1 Mark App. Reg. No. Reg. Cls. Goods/Services

Date Date
2 relating to automobiles, namely,
automobile financing and lease-
purchase financing; financing
3 services for the purchase and leasing
of motor vehicles; lease-purchase
4 financing; credit services, namely,
providing financing for motor
5 vehicles; providing financial advice
in the field of motor vehicles.
6 TESLA 07/21 4226099 10/16/20 12, (12) Apparatus for locomotion by
(Stylized) /2009 12 21, land, namely, cars, electric
25, automobiles; electric automobile
7 37, parts; fully battery electric, high
39, performance sports automobile;
8 40 seats, automobile wheel hubs;
vehicle wheels; upholstery, fitted
9 covers for vehicles; semi-fitted
covers for vehicles; steering wheels,
motors; motor vehicle bodies;
10 vehicles, namely, automobiles;
motor land vehicles; parts and
11 fittings for motor land vehicles,
namely, structural automobile parts
12 and powertrain components. (21)
Cups and mugs. (25) Articles of
clothing, namely, t-shirts, shirts,
13 jackets, hats; headgear, namely,
sports hats, caps, sun visors. (37)
14 Providing maintenance and repair
services for automobiles. (39)
15 Transportation and storage of
automobiles. (40) Custom
manufacture of vehicles.
16 TESLA 02/15 6322823 04/13/20 28 (28) Model cars; toy cars; toy
(Stylized) /2019 21 vehicles; toy vehicle play sets and
17 accessories therefor; miniature toy
models of vehicles, diecast toy
18 vehicle models; scale size collector
toy model vehicles.
TESLA 04/17 6180979 10/20/20 36 (36) Insurance agencies and
19 (Stylized) /2019 20 brokerage in the field of automobile
insurance; providing online
20 information regarding financing an
automobile, including insurance
21 information and costs; insurance
services, namely, underwriting,
issuing and administration of
22 automobile insurance; insurance
services, namely, underwriting
23 extended warranty contracts in the
field of automobiles; insurance
24 claims processing in the field of
automobiles; providing vehicle
25 insurance rate quotes.
TESLA 06/15 6283401 03/02/20 42 (42) Monitoring of solar panels and
(Stylized) /2017 21 other equipment for use in
26 converting solar energy into
electricity to ensure proper
27 functioning and programming for

28 11
PLAINTIFF’S COMPLAINT FOR
FEDERAL FALSE ADVERTISING, TRADEMARK DILUTION,
& CALIF. BUS. & PROF. CODE §§ 17200 & 17500
Case No. ______________
 Case 4:24-cv-04482-JST Document 1 Filed 07/24/24 Page 12 of 22

1 Mark App. Reg. No. Reg. Cls. Goods/Services

Date Date
2 meeting electricity demands and
usage goals; monitoring of
efficiency, production levels and
3 other performance data of solar
panels and other equipment for use
4 in converting solar energy into
electricity.
5 TESLA 05/27 6958646 01/17/20 43 (43) Restaurant services, pop-up
(Stylized) /2021 23 restaurant services, self-service
6 restaurant services, take-out
restaurant services.
7
18. The Tesla Marks are distinctive, having no meaning outside of their use by Tesla in
8
its course of business operations and in its advertising to distinguish its products and services.
9
19. Tesla has attained one of the highest levels of brand recognition among consumers.
10
As a result of Tesla’s longstanding and widespread use and promotion of the Tesla Marks, Tesla
11
customers around the globe have come to rely upon the Tesla Marks to identify Tesla’s
12
commitment to sustainable energy solutions, cutting-edge technology, and expanding the
13
boundaries of what is possible in the automotive and energy industries.
14
20. Tesla’s customers associate Tesla’s famous and well-known trademarks, including,
15
among others, Tesla and the Tesla logo, exclusively with Tesla and Tesla’s products and services.
16
C. Tesla’s Supercharging Network
17
21. A significant but unfounded concern for potential electric vehicle buyers is the fear
18
of running out of battery power without a place to recharge, known as range anxiety. The
19
Supercharger network mitigates this concern by providing convenient and fast-charging options
20
along major travel routes and in urban areas. It has been a cornerstone of Tesla’s strategy, making
21
electric vehicle ownership convenient, supporting long-distance travel, reinforcing technological
22
leadership, generating revenue, and advancing sustainability goals.
23
22. Increasing access to charging is a pillar of Tesla’s mission. Since 2012, Tesla has
24
built the best charging experience in the world, achieving a 99.95% uptime.
25
23. Tesla invested heavily in electric vehicle charging infrastructure. As of January
26
2024, Tesla operates a network of 6,350 Supercharger stations with over 58,000 connectors. These
27
28 12
PLAINTIFF’S COMPLAINT FOR
FEDERAL FALSE ADVERTISING, TRADEMARK DILUTION,
& CALIF. BUS. & PROF. CODE §§ 17200 & 17500
Case No. ______________
 Case 4:24-cv-04482-JST Document 1 Filed 07/24/24 Page 13 of 22

1 stations are primarily located in three regions: Asia Pacific (over 2,650), North America (over

2 2,500), and Europe (over 1,200).

3 24. In 2024, Tesla plans to spend over $500M USD expanding the Supercharger

4 network to create thousands of new chargers.

5 D. North American Charging Standard

6 25. Tesla Superchargers make up three out of four fast chargers and have set the

7 standard for EV charging in North America. This standard, known as the North American

8 Charging Standard (“NACS”), has been adopted by all large automakers, with manufacturers and

9 charge point operators transitioning to the NACS by 2025.

10 26. Until recently, Tesla’s Supercharger network was exclusive to drivers of Tesla’s

11 Model S vehicle, Model X vehicle, Model 3 vehicle, Model Y vehicle, and Cybertruck vehicle. To

12 encourage adoption, Tesla has now opened up its fast-charging network to allow more electric

13 vehicle drivers to charge at over 15,000 Supercharging stalls across North America.

14 27. As of January 2024, most automakers in North America have pledged to switch to

15 the North American Charging Standard (NACS). In February of 2024, Ford became the first

16 automaker to offer a NACS adapter to customers, allowing Ford vehicles to charge with the

17 adapter on a majority of Tesla’s V3 and V4 chargers.

18 E. EVject Escape Connector

19 28. On information and belief, Defendant is engaged in e-commerce through its own

20 website, as well as through third-party e-commerce platforms, e.g., Amazon.com, EVANNEX, and

21 Shopify. See, e.g., https://evject.com/products/evject (offering for sale EVject Escape Connector,

22 “Designed to fit EVs and chargers with NACS connectors” and “Works with Level 1, 2, and DC

23 fast charging,” for $299.00 USD, in Style: NACS to NACS; CCS1 to CCS1; and CCS2 to CCS2)

24 (last accessed July 11, 2024); https://evannex.com/products/evject-breakaway-charging-adapter-

25 for-tesla-owners (offering for sale “EVject Breakaway Charging Adapters for Tesla Owners”)

26 (last accessed July 11, 2024) (emphasis added).

27
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PLAINTIFF’S COMPLAINT FOR
FEDERAL FALSE ADVERTISING, TRADEMARK DILUTION,
& CALIF. BUS. & PROF. CODE §§ 17200 & 17500
Case No. ______________
 Case 4:24-cv-04482-JST Document 1 Filed 07/24/24 Page 14 of 22

1 29. Through e-commerce, Defendant has made and continues to make false or

2 misleading statements concerning the safety and compatibility of its EVject Escape Connector on

3 marketing materials. Specifically, the EVject Escape Connector website falsely advertises the

4 EVject Escape Connector as safe and compatible, including as follows:

5 a) We specifically engineered the EVject and tested it to deliver safety you can count

6 on, including integration with your EV’s built-in systems. We’re proud to say

7 EVject works seamlessly with Level 1, Level 2, and DC fast charging.

8 b) The first iteration of the EVject is currently built exclusively for NACS-enabled

9 vehicles.

10 c) EVject is the solution. A revolutionary connector acting as a circuit breaker,

11 allowing you to fully stop the charging current from the safety of your car. Once

12 you hit “Unlock Charge Port” on your dashboard, the flow of electricity stops, and

13 you are safe to drive away without ever leaving your car. The EVject device will

14 break in two, leaving one half to protect the charging wand as it falls to the ground,

15 and you escape.

16 d) Experience a safer EV charging experience with EVject.

17 The statements as to safety and compatibility are false. See Exhibit “A” to Complaint.

18 30. Defendant made additional false statements in listings1 at non-party Amazon.com’s

19 e-commerce platform, which are likely to mislead a prospective purchaser: “NACS Vehicle

20 Compatibility: Fully compatible with all NACS vehicles, including [Tesla’s] Cybertruck, Model Y,

21 Model 3 (2019+), Model S (2022+), and Model X (2022+).”

22 31. Defendant EVject’s statement that the design is “[f]ully compatible with all NACS

23 vehicles” implies to any reasonable consumer a material factual assertion of safety, which is false.

24 Such false or misleading statements have a substantial effect on interstate commerce.

25
26
27 1
See Exhibit B to Complaint.
28 14
PLAINTIFF’S COMPLAINT FOR
FEDERAL FALSE ADVERTISING, TRADEMARK DILUTION,
& CALIF. BUS. & PROF. CODE §§ 17200 & 17500
Case No. ______________
 Case 4:24-cv-04482-JST Document 1 Filed 07/24/24 Page 15 of 22

1 32. A customer(s) on Amazon.com publicly reviewed and criticized the EVject Escape

2 Connector:

3 “I have a 2022 Model y. I tried the EVject Tesla connector on both a v3 supercharger and a

4 j1772 level 2 charger and multiple tries the Tesla says charging cable is still connect when

5 you press unlock charging port. Really disappointed. Will be returning.”

6 https://www.amazon.com/dp/B0D4TG69YM#customerReviews (June 19, 2024 Amazon Customer

7 Review titled “Doesn’t work,” assigning 1 of 5 rating).

8 33. Plaintiff requested and paid for a third-party engineering team to conduct a design

9 review, physical teardown, precision measurement, microscopy, and CT imaging of the EVject

10 Escape Connector for analysis against relevant charging connector standard(s), J3400.

11 34. Plaintiff alleges the EVject Escape Connector’s design and construction poses a

12 high safety risk. For purposes of this analysis “high safety risk” means a major injury, fatality or

13 fire is expected to occur during the lifetime of the device, for which no controls exist.

14 35. Plaintiff alleges that the EVject Escape Connector poses a high safety risk for at

15 least the following reason(s):

16 (a) no over-temperature protection design nor devices in the Connector’s

17 construction. In the event of an over-temperature condition in the Connector, the lack of over-

18 temperature protection creates a safety risk. Testing of high-current simulated charging through the

19 Connector, utilized in conjunction with a Tesla Supercharger cable and Tesla EV charge port,

20 demonstrated that surface temperatures of the Connector may reach as high as 100C, after 30

21 minutes of charging at 420 ADC. During an over-temperature event, a user of the Connector may be

22 burned during (or following) charging by touching or grabbing the Connector. Additionally, the

23 high temperature present in the Connector poses a risk of fire and ignition of other combustible

24 materials in the charger cable, the vehicle connected to the Connector, and the Supercharger

25 infrastructure.

26 (b) the Connector has DC charging receptacles, comprised of conductive petals,

27 on the connector side that are susceptible to deformation or splaying during normal course of use,

28 15
PLAINTIFF’S COMPLAINT FOR
FEDERAL FALSE ADVERTISING, TRADEMARK DILUTION,
& CALIF. BUS. & PROF. CODE §§ 17200 & 17500
Case No. ______________
 Case 4:24-cv-04482-JST Document 1 Filed 07/24/24 Page 16 of 22

1 which could introduce a resistive connection and pose a risk of excessive heating during charging.

2 This buildup of heat at a degraded electrical connection can continue to increase if over-temperature

3 protections are not present.

4 (c) standard J3400 specifies that the DC charging receptacles on the connector

5 side shall be cylindrical in shape. By contrast, on the Connector they are conically shaped. An

6 abnormal receptacle shape may not achieve proper mating with sufficient surface area to ensure a

7 low-resistance electrical connection.

8 FIRST CLAIM FOR RELIEF

9 Federal False Advertising
(15 U.S.C. § 1125(a)(1)(B))
10
36. Plaintiff repeats and hereby realleges the allegations above as if fully set forth
11
herein.
12
37. In its commercial advertising and promotion to potential customers, Defendant
13
markets the EVject Escape Connector by stating compatibility with Plaintiff’s Supercharger
14
network. However, any use of the EVject Escape Connector on Plaintiff’s Superchargers is highly
15
unsafe and poses a high risk of injury to person and/or property. For example, the representations
16
made in advertisements that “Our patented breakaway technology works seamlessly with your
17
electric vehicle’s built-in safety systems, giving you the peace of mind to charge anywhere,
18
anytime” is materially false as it does not “work seamlessly” or at all with Plaintiff’s built-in safety
19
systems. In fact, the design and construction of the EVject Escape Connector is unsafe and
20
introduces a high risk of harm.
21
38. Defendant’s express representations violate Section 43(a) of the Lanham Act,
22
which provides in relevant part that a “person who, or in connection with any goods or services . . .
23
uses in commerce any . . . false or misleading description of fact or misleading representation of
24
fact, which . . . in commercial advertising or promotion, misrepresents the nature, characteristics,
25
qualities, or geographic origin of his or her or another person’s goods, services, or commercial
26
27
28 16
PLAINTIFF’S COMPLAINT FOR
FEDERAL FALSE ADVERTISING, TRADEMARK DILUTION,
& CALIF. BUS. & PROF. CODE §§ 17200 & 17500
Case No. ______________
 Case 4:24-cv-04482-JST Document 1 Filed 07/24/24 Page 17 of 22

1 activities shall be liable to a civil action by any person who believes that he or she is likely to be

2 damaged by such act.”

3 39. Defendant’s promotional claims about EVject Escape Connector, alone as

4 compatible with Plaintiff’s Supercharger network, are material and made in interstate commerce

5 through at least online e-commerce stores. The engineering design, manufacture and performance

6 of high-voltage electrical equipment intended for daily use are of paramount importance to

7 consumers of Tesla’s Supercharging network when deciding to purchase a charging adapter.

8 40. Defendant’s false and misleading statements have injured Plaintiff and/or such

9 injury is imminent. For example, through Defendant’s false and misleading commercial

10 statements, including, but not limited to, statements concerning the components and safety of

11 Defendant’s EVject Escape Connector, users had the capacity of being misled or materially

12 deceived, or indeed were misled or materially deceived, into purchasing Defendant’s Escape

13 Connector for use on vehicles connected to Plaintiff’s Supercharging network. Users of

14 Defendant’s Escape Connector, including on Plaintiff’s Supercharging network, are therefore at

15 high risk of suffering injury to person or property, and Plaintiff’s Supercharging network has or

16 will be imminently damaged by such use, thus directly or proximately causing economic and

17 reputational injury to Plaintiff.

18 41. Pursuant to 15 U.S.C. § 1117, Plaintiff is entitled to damages for Defendant’s

19 Lanham Act violations, a disgorgement of profits made by Defendant on sales of its product,

20 actual damages sustained by Plaintiff, and the costs of this action.

21 42. Defendant’s acts are willful, wanton and calculated to deceive and mislead, and are

22 undertaken in bad faith, making this an exceptional case entitling Plaintiff to recover additional

23 damages and reasonable attorneys’ fees pursuant to 15 U.S.C. § 1117.

24 43. Unless enjoined by this Court, Defendant’s acts will irreparably injure Plaintiff’s

25 goodwill and erode its market share. Pursuant to 15 U.S.C. § 1116, Plaintiff is entitled to

26 preliminary and permanent injunctive relief to prevent Defendant’s continuing acts.

27
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PLAINTIFF’S COMPLAINT FOR
FEDERAL FALSE ADVERTISING, TRADEMARK DILUTION,
& CALIF. BUS. & PROF. CODE §§ 17200 & 17500
Case No. ______________
 Case 4:24-cv-04482-JST Document 1 Filed 07/24/24 Page 18 of 22

1 SECOND CLAIM FOR RELIEF

Federal Trademark Dilution
2
(15 U.S.C. § 1125(C))
3
44. Plaintiff incorporates by reference each and every allegation contained in the
4
preceding paragraphs as if fully set forth herein.
5
45. As discussed above, Plaintiff is the owner of the Tesla Marks, which are strong,
6
well-known and distinctive marks that acquired fame prior to the commencement of Defendant’s
7
wrongful actions.
8
46. Defendant’s commercial marketing of the EVject Escape Connector have caused or
9
will foreseeably cause dilution by tarnishing the famous Tesla Marks and will otherwise impair the
10
distinctiveness and/or harm the reputation of those trademarks. Defendant’s conduct tarnishes and
11
degrades the positive associations of the Tesla Marks.
12
47. Defendant has intentionally induced, encouraged, and materially assisted the
13
dilution of the Tesla Marks by, inter alia: (1) grossly negligent design and manufacture of the
14
EVject Escape Connector, intended and advertised for use on Plaintiff’s Supercharging network
15
and in connection with electric vehicle charging; (2) falsely marketing, and thereby promoting the
16
sale and distribution of the defective EVject Escape Connector; and (3) refusal to halt sales or
17
recall of the defective Escape Connector, despite notice provided in full to Defendant in the form
18
of Plaintiff’s engineering analysis of the EVject Escape Connector.
19
48. Plaintiff is informed and believes, and on that basis alleges, EVject’s acts are
20
willful in that EVject willfully intended to, and in fact do, trade on the reputation of the Tesla
21
Marks and/or to cause dilution of the Tesla Marks.
22
49. Defendant’s wrongful acts have caused and will continue to cause great and
23
irreparable injury and damage to Tesla and to the goodwill in the Tesla Marks, which injury and
24
damage cannot be adequately quantified, and unless this Court restrains Defendant from further
25
commission of said acts, 15 U.S.C. § 1116(a), Plaintiff will continue to suffer substantial
26
irreparable injury, for which it has no adequate remedy at law.
27
28 18
PLAINTIFF’S COMPLAINT FOR
FEDERAL FALSE ADVERTISING, TRADEMARK DILUTION,
& CALIF. BUS. & PROF. CODE §§ 17200 & 17500
Case No. ______________
 Case 4:24-cv-04482-JST Document 1 Filed 07/24/24 Page 19 of 22

1 50. Due to the acts of Defendant, Plaintiff has suffered and will continue to suffer loss

2 of income, profits, and valuable business opportunities, and, if not restrained, Defendant have

3 unfairly derived and will continue to unfairly derive income, profits and business opportunities as

4 a result of their acts as described herein.

5 51. As the acts alleged herein constitute willful violations of Section 43(c) of the

6 Lanham Act, 15 U.S.C. § 1125(c), and, as Plaintiff has no adequate remedy at law, Plaintiff is

7 entitled to injunctive relief under 15 U.S.C. § 1116(a), as well as to Defendant’s profits and other

8 remedies provided by 15 U.S.C. §§ 1117 and 1118, and reasonable attorney’s fees and

9 prejudgment interest for an exceptional case pursuant to 15 U.S.C. §1117(a).

10 THIRD CLAIM FOR RELIEF

11 California False Advertising
(CAL. BUS. & PROF. CODE § 17500 ET SEQ.)
12
52. Plaintiff repeats and hereby realleges the allegations above as if fully set forth
13
herein.
14
53. Plaintiff brings this cause of action pursuant to CAL BUS. & PROF. CODE §
15
17535 in an individual capacity and not on behalf of the general public.
16
54. CAL. BUS. & PROF. CODE § 17500 provides that it is unlawful for any person,
17
firm, corporation, or association to dispose of property or perform services, or to induce the public
18
to enter into any obligation relating thereto, through the use of untrue or misleading statements.
19
55. CAL. BUS. & PROF. CODE § 17508 provides: “It shall be unlawful for any person
20
doing business in California and advertising to consumers in California to make any false or
21
misleading advertising claims.”
22
56. Defendant’s misleading statements violate CAL. BUS. & PROF. CODE §§ 17500
23
and 17508, and Plaintiff has acted in response to and reliance on the misleading statements made
24
by Defendant regarding the EVject Escape Connector, including by expending time, money, and
25
other resources to respond to these misleading statements.
26
27
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PLAINTIFF’S COMPLAINT FOR
FEDERAL FALSE ADVERTISING, TRADEMARK DILUTION,
& CALIF. BUS. & PROF. CODE §§ 17200 & 17500
Case No. ______________
 Case 4:24-cv-04482-JST Document 1 Filed 07/24/24 Page 20 of 22

1 57. Defendant’s conduct has caused Plaintiff damage in an amount to be determined at

2 the trial herein but not less than $75,000 and, unless enjoined by this Court, Defendant’s conduct

3 will continue to cause Plaintiff irreparable damage for which Plaintiff has no adequate remedy at

4 law.

5 58. Pursuant to CAL. BUS. & PROF. CODE § 17535, Plaintiff seeks an order of this

6 Court compelling the Defendant to provide restitution, and to disgorge the monies to which

7 Plaintiff is entitled but were instead collected and realized by Defendant as a result of its false and

8 misleading statements and injunctive relief enjoining Defendant from making such false and

9 misleading statements.

10 FOURTH CLAIM FOR RELIEF

11 California Unlawful Trade Practice
(CAL. BUS. & PROF. CODE § 17200 ET SEQ.)
12
59. Plaintiff repeats and hereby realleges the allegations above as if fully set forth
13
herein.
14
60. Pursuant to CAL. BUS. & PROF. CODE § 17200, unfair competition is “any
15
unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading
16
advertising.” The false and misleading statements made by Defendant regarding the components
17
and performance of its EVject Escape Connector on Plaintiff’s Supercharging stations violate
18
CAL. BUS. & PROF. CODE § 17200 et. seq. Defendant’s misconduct was and is unlawful
19
because, as described herein, its misconduct constitutes violations of numerous state and federal
20
statutes. Defendant’s conduct constitutes a violation of the Lanham Act, and thus as unlawful
21
business conduct is separately actionable as a violation of CAL. BUS. & PROF. CODE § 17200 et.
22
seq. Defendant’s conduct is also otherwise unfair and therefore a violation of these provisions.
23
61. Defendant’s conduct has caused Plaintiff damage in an amount to be determined at
24
the trial herein, and, unless enjoined by this Court, Defendant’s conduct will continue to cause
25
Plaintiff irreparable damage for which Plaintiff has no adequate remedy at law.
26
27
28 20
PLAINTIFF’S COMPLAINT FOR
FEDERAL FALSE ADVERTISING, TRADEMARK DILUTION,
& CALIF. BUS. & PROF. CODE §§ 17200 & 17500
Case No. ______________
 Case 4:24-cv-04482-JST Document 1 Filed 07/24/24 Page 21 of 22

1 62. Pursuant to CAL. BUS. & PROF. CODE § 17203, Plaintiff seeks an order of this

2 Court compelling the Defendant to provide restitution, and to disgorge the monies to which

3 Plaintiff is entitled but were instead collected and realized by Defendant as a result of its false and

4 misleading statements and injunctive relief enjoining Defendant from making such false and

5 misleading statements.

6 PRAYER AND RELIEF

7 WHEREFORE, Tesla respectfully requests that this Court enter:

8 (a) an order temporarily, preliminarily, and permanently enjoining Defendant,
9 its agents, servants, employees, attorneys, successors and assigns, and all others in active concert
10 or participation with them, from directly or indirectly falsely or misleadingly advertising or
11 promoting the EVject Escape Connector;
12 (b) an order temporarily, preliminarily, and permanently enjoining Defendant,
13 its agents, servants, employees, attorneys, successors and assigns, and all others in active concert
14 or participation with them, from making or inducing others to make any false, misleading, or
15 deceptive statement of fact, or representation of fact in connection with the promotion,
16 advertisement, display, sale, offering for sale, manufacture, production, circulation or distribution
17 of the EVject Escape Connector in such fashion as to suggest the Connector: allows a consumer to
18 safely and quickly disconnect and drive away; “works seamlessly with . . . DC fast charging,”
19 including the Supercharger; ensures, as “patented” breakaway technology, a “seamless charging
20 experience . . . making it the perfect EV charging adapter,” including with the Supercharger; was
21 “specifically engineered [] and tested to deliver safety you can count on, including integration with
22 your EV’s built-in systems”;
23 (c) an order requiring that Defendant take corrective action to correct any
24 erroneous impression persons may have derived concerning the nature, characteristics, or qualities
25 of EVject Escape Connector, including without limitation the placement of corrective advertising;
26
27
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PLAINTIFF’S COMPLAINT FOR
FEDERAL FALSE ADVERTISING, TRADEMARK DILUTION,
& CALIF. BUS. & PROF. CODE §§ 17200 & 17500
Case No. ______________
 Case 4:24-cv-04482-JST Document 1 Filed 07/24/24 Page 22 of 22

1 (d) an order prohibiting importation of the EVject Escape Connector into the

2 United States or admitted to entry at any customhouse of the United States as consistent with the

3 authority under 15 U.S.C. § 1125(b).

4 (e) an order granting Plaintiff such other relief as the Court may deem

5 appropriate to prevent the trade and public from deriving any erroneous impression concerning the

6 nature, characteristics, qualities, or benefits of EVject Escape Connector;

7 (f) an order requiring Defendant to pay Plaintiff damages in an amount

8 sufficient to compensate Plaintiff for injury it has sustained as a consequence of Defendant’s

9 unlawful acts;

10 (g) an order requiring Defendant to pay Plaintiff damages in the amount of

11 Plaintiff’s actual and consequential damages resulting from Defendant’s false and misleading

12 advertisements and marketing and pursuant to 15 U.S.C. § 1117(a), CAL. BUS. & PROF. CODE

13 §§ 17500 et. seq., and the common law of the State of California; and

14 (h) an order awarding Plaintiff such other and further relief as the Court deems

15 just and equitable.

16 DEMAND FOR JURY TRIAL

17 Plaintiff, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of
18 any issues so triable by right.
19 Dated: July 24, 2024
20
By: /s/ Louis Dorny
21 A. Louis Dorny
22
Attorney for Plaintiff
23 TESLA, INC.

24
25
26
27
28 22
PLAINTIFF’S COMPLAINT FOR
FEDERAL FALSE ADVERTISING, TRADEMARK DILUTION,
& CALIF. BUS. & PROF. CODE §§ 17200 & 17500
Case No. ______________