WSG Von Dutch and White Space Group remove West Coast Choppers suit over WCC marks to C.D. Cal., citing a Lanham Act claim

What was filed

Defendants WSG Von Dutch, LLC and White Space Group New York LLC filed a seven-page notice of removal on October 29, 2026, in the U.S. District Court for the Central District of California, Western Division, No. 2:26-cv-12713. It removes Jesse Gregory James, West Coast Choppers, Inc., and Vanilla Gorilla, L.P. v. Von Dutch LLC, WSG Von Dutch, LLC, White Space Group New York LLC, and Does 1-25 from the Superior Court of California for Los Angeles County, Case No. 26STCV30745. The notice caption describes Jesse Gregory James as an individual, West Coast Choppers, Inc. as a Texas corporation, Vanilla Gorilla, L.P. as a Texas limited partnership, Von Dutch LLC and WSG Von Dutch, LLC as Delaware limited liability companies, and White Space Group New York LLC as a New York limited liability company. The notice says the state action was initiated on September 25, 2026, and that no defendant, including Von Dutch LLC, had been served when the notice was filed.

Basis for removal

The notice asserts original jurisdiction under 28 U.S.C. 1331 because, it says, the plaintiffs assert a cause of action created by federal trademark law under the Lanham Act, citing paragraph 60 of the state complaint. It also invokes 28 U.S.C. 1338(a) and 15 U.S.C. 1121(a), 28 U.S.C. 1338(b) for any state unfair competition claim joined with a related trademark claim, and supplemental jurisdiction under 28 U.S.C. 1367(a) over the remaining state claims, which it says arise from the same alleged use of the WCC marks and trade dress. It says removal is proper under 28 U.S.C. 1441(a) and 1446, that co-defendant consent is not required because no defendant has been served, and that the forum defendant rule does not bar removal on a federal-question ground.

What the notice quotes from the state complaint

The notice quotes the state court complaint's prayer seeking "preliminary and permanent injunctive relief, under 15 U.S.C. § 1116 and California law," enjoining the defendants from (i) using any mark, logo, design, or trade dress identical or confusingly similar to the WCC Cross Composite or the WCC Trade Dress; (ii) manufacturing, importing, advertising, promoting, offering for sale, selling, or distributing any goods bearing such designs; and (iii) otherwise competing unfairly with the plaintiffs or diluting the WCC Marks.

Relief requested in the notice

The removing defendants ask the court to accept the notice, assume jurisdiction as if the action had been filed originally in federal court, issue any orders needed to stay proceedings in the state action, and provide notice of the suit to the Director of the United States Patent and Trademark Office under 15 U.S.C. 1116. The notice says they are giving written notice to the plaintiffs and filing a copy with the Los Angeles Superior Court clerk. The docket also shows a civil cover sheet, a notice of interested parties, and a report on the filing of a trademark action, each filed October 29, 2026. The notice lists the state complaint and an amended complaint among its exhibits; those exhibits are not available for free online.