Case 1:22-cv-01964 Document 1 Filed 08/07/22 USDC Colorado Page 1 of 21
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLORADO
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`Case No. 2022-cv-________
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`GLOBAL HEMP, INC.,
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`Plaintiff,
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`v.
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`GLOBAL HEMP ASSOCIATION, MANDI
`KERR, BOB MOORE, CURTIS
`WOLTHUIS, NICK WALTERS, MAHDI
`AL-KAISI, and MARNE COIT
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`Defendants
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`
`COMPLAINT
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`GLOBAL HEMP, INC. complains of GLOBAL HEMP ASSOCIATION, MANDI
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`KERR, BOB MOORE, CURTIS WOLTHUIS, NICK WALTERS, MAHDI AL-KAISI, and
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`MARNE COIT (collectively “Defendants”):
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`Introduction and Nature of the Case
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`1.
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`Global Hemp, Inc. is a decades-old company with a well-known family of
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`GLOBAL HEMP marks. Defendant Global Hemp Association and its directors,
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`the rest of the Defendants, are infringing the GLOBAL HEMP marks and
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`engaging in unfair competition through the use of GLOBAL HEMP
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`ASSOCIATION and the registration of Internet domain names that identical or
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`confusingly similar to Plaintiff’s GLOBAL HEMP marks.
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`2.
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`Global Hemp asserts violations of Sections 32, 43(a) and 43(d) of the Lanham
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`Act (15 U.S.C. §§ 1114, 1114(1), 1125(a), 1125(d)).
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`Parties
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`3.
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`Global Hemp, Inc. is an Illinois corporation with its principal place of business
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`in Peoria, Illinois.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLORADO
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`
`
`
`Case No. 2022-cv-________
`
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`GLOBAL HEMP, INC.,
`
`Plaintiff,
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`v.
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`GLOBAL HEMP ASSOCIATION, MANDI
`KERR, BOB MOORE, CURTIS
`WOLTHUIS, NICK WALTERS, MAHDI
`AL-KAISI, and MARNE COIT
`
`Defendants
`
`
`COMPLAINT
`
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`GLOBAL HEMP, INC. complains of GLOBAL HEMP ASSOCIATION, MANDI
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`KERR, BOB MOORE, CURTIS WOLTHUIS, NICK WALTERS, MAHDI AL-KAISI, and
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`MARNE COIT (collectively “Defendants”):
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`Introduction and Nature of the Case
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`1.
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`Global Hemp, Inc. is a decades-old company with a well-known family of
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`GLOBAL HEMP marks. Defendant Global Hemp Association and its directors,
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`the rest of the Defendants, are infringing the GLOBAL HEMP marks and
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`engaging in unfair competition through the use of GLOBAL HEMP
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`ASSOCIATION and the registration of Internet domain names that identical or
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`confusingly similar to Plaintiff’s GLOBAL HEMP marks.
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`2.
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`Global Hemp asserts violations of Sections 32, 43(a) and 43(d) of the Lanham
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`Act (15 U.S.C. §§ 1114, 1114(1), 1125(a), 1125(d)).
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`Parties
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`3.
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`Global Hemp, Inc. is an Illinois corporation with its principal place of business
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`in Peoria, Illinois.
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`Case 1:22-cv-01964 Document 1 Filed 08/07/22 USDC Colorado Page 2 of 21
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`4.
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`Global Hemp Association (“GHA”) is a Utah not-for-profit organization with
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`its principal place of business in Utah.
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`5.
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`Defendant Kerr holds herself out as the founder of GHA and is, upon
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`information and belief a citizen of Utah. According to its website, Kerr is a
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`member of the GHA Board of Directors based on its website.
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`6.
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`Mahdi Al-Kaisi is a resident of Colorado. According to its website, Al-Kaisi is a
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`member of the GHA Board of Directors.
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`7.
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`Bob Moore is a resident of Oklahoma. According to its website, Moore is a
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`member of the GHA Board of Directors.
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`8.
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`Curtis Wolthuis is a resident of Utah. According to its website, Wolthuis is a
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`member of the GHA Board of Directors.
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`9.
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`Nick Walters is a resident of Mississippi. According to its website, Walters is a
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`member of the GHA Board of Directors.
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`10. Marne Coit is a resident of North Carolina. According to its website, Coit is a
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`member of the GHA Board of Directors.
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`11.
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`The individual defendants are collectively called the “Board.”
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`12.
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`The Board Defendants are in control of and primarily responsible for the
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`actions of GHA.
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`13.
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`Some Board Defendants also directly participate in seminars and other
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`infringing activities undertaken by GHA. For example, Al-Kaisi presented a
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`seminar consisting of horticultural consulting put on by GHA and Moore
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`advertises on seminars.
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`14. Upon information and belief, some or all of the Board Defendants receive
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`financial or other compensation for their direction of GHA.
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`Case 1:22-cv-01964 Document 1 Filed 08/07/22 USDC Colorado Page 3 of 21
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`15.
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`The Board Defendants direct, control, ratify, participate in, or are the moving
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`forces behind GHA’s offering of products and services under the infringing
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`GLOBAL HEMP ASSOCIATION mark,
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`its unfair competition,
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`its
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`cybersquatting, and its counterfeiting. The Board Defendants are responsible
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`for and know of the infringing activities of GHA.
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`Jurisdiction and Venue
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`16.
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` This Court has subject matter jurisdiction over this action under 15 U.S.C.
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`§ 1121 and 28 U.S.C. §§ 1331 and 1338 because it involves substantial claims
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`arising under the federal Lanham Act.
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`17.
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`This Court has personal jurisdiction over Defendants.
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`18. Defendant Al-Kaisi is a resident and citizen of Colorado.
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`19. Otherwise, Defendants’ acts of infringement of Plaintiff's registered mark were
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`committed in, among other locations, the State of Colorado. Defendant has
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`provided its services under the infringing mark to residents of this state.
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`Defendant's website at its infringing globalhempassociation.org domain name
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`is accessible in this district and, upon information and belief, Internet users
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`within this state have accessed Defendant's website, injuring Plaintiff within
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`this district.
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`20. Defendants’ online networking and seminar events can be accessed anywhere,
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`including in this District, via videoconferencing software. These fully
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`interactive networking events allow residents of this State to participate in
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`events which on Plaintiff’s marks are being infringed. At least one event
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`featured a speaker from this state.
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`Case 1:22-cv-01964 Document 1 Filed 08/07/22 USDC Colorado Page 4 of 21
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`21. Defendants advertise, sponsor, and, upon information and belief, solicit funds
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`for sponsorship, from companies in this state.
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`22. Defendants solicit funds via third party platforms, including patreon.com and
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`donorbox.org, advertised on its website.
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`23. Defendant GHA has many social media channels — Twitter, Facebook, and
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`Instagram, and videos hosted on the YouTube platform. These allow direct
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`interaction between GHA and its members and consumers, including those in
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`this state.
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`24. Despite being put on notice of their infringing activities, Defendants engaged
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`in their tortious conduct, even presenting a seminar with a speaker from
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`Colorado and, upon information and belief, soliciting “sponsorships” from
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`Colorado entities, and presenting awards banquets in Colorado.
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`25. Defendants have engaged in substantial activity within Colorado and this
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`judicial district and have had substantial contacts here having purposefully
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`availed itself of the privilege of conducting activities in the forum. Defendants
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`have injured Plaintiff within Colorado and within this judicial district.
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`Statement of Facts
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`Global Hemp’s Business and Marks
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`26. Global Hemp and its owner, Eric Pollitt, have participated extensively in the
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`hemp industry, starting in the mid-1990s.
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`27. Global Hemp operates a retail store with hemp products, has its own hemp
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`product lines, offers hemp processing machinery, and provides horticultural
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`consulting services. Its retail store is online and available by several URLs,
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`including www.globalhemp.com.
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`28.
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`To promote and protect its brand, Global hemp has registered several marks
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`with the United States Patent and Trademark Office and other intellectual
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`property offices around the world. Global Hemp owns the following United
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`States registered trademarks:
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`Mark
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`Details
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`Goods/Services
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`GLOBAL HEMP
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`Registered
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`Reg: 6696347
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`Reg: 04/12/2022
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`007 machines for use
`in agriculture, namely,
`decorticators;
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`Serial: 88740040
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`Pub: 01/25/2022
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`
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`Filed: 12/26/2019
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`First Use at least as
`early as: 11/01/2019
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`GLOBAL HEMP
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`Registered
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`Reg: 6734109
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`Reg: 05/24/2022
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`045 horticulture
`consulting services for
`the farming industry;
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`Serial: 88740037
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`Pub: 03/08/2022
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`Filed: 12/26/2019
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`First Use at least as
`early as: 04/01/2018
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`GLOBAL HEMP
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`Registered
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`Reg: 6219320
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`Reg: 12/15/2020
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`022 hemp twines and
`cords;
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`Serial: 88348835
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`Pub: 09/29/2020
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`Filed: 03/20/2019
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`First Use at least as
`early as: 12/31/1996
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`035 internet online
`retail store services
`featuring clothing,
`namely, shirts and
`shorts, jewelry, hemp
`twines, hemp cords
`and hemp yarns, books
`and videos, personal
`care products
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`containing industrial
`hemp oils and/or other
`industrial hemp
`extracts in significant
`part, namely, body
`lotions, oils, creams,
`butters, moisturizers,
`washes, scrubs,
`shampoos,
`conditioners, hair gels
`and treatments, lip
`balms and shines, and
`sunscreens and food
`products containing
`industrial hemp oils
`and/or other industrial
`hemp extracts in
`significant part,
`namely, hempseeds,
`plant proteins, oil,
`granola bars, oatmeal
`and hempmilk;
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`
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`022 hemp twines and
`cords;
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`035 internet online
`retail store services
`featuring clothing,
`namely, shirts and
`shorts, jewelry, hemp
`twines, hemp cords
`and hemp yarns, books
`and videos, personal
`care products
`containing industrial
`hemp oils and/or other
`industrial hemp
`extracts in significant
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`GLOBAL HEMP
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`Registered
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`Reg: 4691088
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`Reg: 02/24/2015
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`Serial: 86235537
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`Pub: 12/09/2014
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`Filed: 03/28/2014
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`First Use at least as
`early as: 03/24/2009
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`part, namely, body
`lotions, oils, creams,
`butters, moisturizers,
`washes, scrubs,
`shampoos,
`conditioners, hair gels
`and treatments, lip
`balms and shines, and
`sunscreens and food
`products containing
`industrial hemp oils
`and/or other industrial
`hemp extracts in
`significant part,
`namely, hempseeds,
`plant proteins, oil,
`granola bars, oatmeal
`and hempmilk;
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`(the “GLOBAL HEMP Registrations”). Copies of the registration
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`certificates for the GLOBAL HEMP Registrations are attached as Exhibit 1.
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`These registrations are conclusive evidence of Global Hemp’s ownership of the
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`marks and exclusive right to use and direct the use of the marks in commerce,
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`as provided by 15 U.S.C. § 1115(b).
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`29. Global Hemp also holds common law rights in GLOBAL HEMP for machinery
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`used to process hemp at least as early as 2019.
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`30. Global Hemp also holds common law rights in the GLOBAL HEMP for
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`horticultural consulting at least as early as 2018.
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`31.
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`Collectively, the trademarks and service marks represented by the GLOBAL
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`HEMP Registrations and common law rights are called the “GLOBAL HEMP
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`Marks”.
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`32.
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`The GLOBAL HEMP Marks are distinctive, are used to identify the source of
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`Global Hemp’s products and services, and to, in part, direct the public to its
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`online presences, including its website.
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`33. Global Hemp has continuously used the GLOBAL HEMP Marks at least as early
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`as the dates set forth in the table above.
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`34.
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`The GLOBAL HEMP Marks are valid.
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`35.
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`The mark registered by the USPTO and assigned Reg. No. 4691088 is
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`incontestable.
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`36.
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`Consumers recognize the GLOBAL HEMP Marks as signifying quality in both
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`product and service.
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`37.
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`The GLOBAL HEMP Marks have developed extensive goodwill through, among
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`other things, length of time of use; Global Hemp’s and its staff’s participation
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`in industry events; collaboration with famers, companies, and the government;
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`press coverage; and advertising expenditures.
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`GHA’s Unlawful Actions
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`38.
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`Since passage of the 2018 Farm Bill, making the cultivation of hemp federally
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`legal, the number of new entrants into the hemp industry has exploded. While
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`many are legitimate businesses and organizations, some are not. And while
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`some respect others’ intellectual property rights, others do not. This case
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`involves an organization, and its Board, in the latter category.
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`39. With the explosion of new entrants into the hemp industry, many with multiple
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`interrelated businesses and organizations, the market is primed for potential
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`confusion.
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`40. According to the Utah Secretary of State, what now does business as Global
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`Hemp Association was formed on August 5, 2020 as Association of Hemp
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`Associations.
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`41.
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`GHA, then the Association of Hemp Associations, did not apply to conduct
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`business as Global Hemp Association until March 2021.
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`42.
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`It was not until April 26, 2021 that GHA changed its name to Global Hemp
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`Association.
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`43. Disregarding requirements to register assumed names, GHA adopted, used,
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`and continues to use, the mark GLOBAL HEMP ASSOCIATION (“Infringing
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`Mark”) for services it offers.
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`44. According to Facebook, GHA first created a Facebook page as “Association of
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`Hemp Associations.” In September 2020 it changed its name to “Global Hemp
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`Association.
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`45. Despite neither being Global Hemp Association nor submitted filings to adopt
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`assumed name Global Hemp Association, GHA registered the domain
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`globalhempassociation.org (“Infringing Domain”) in September 2020.
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`According to ICANN’s WHOIS database, it we registered through an
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`anonymizing proxy, Domains by Proxy, LLC.
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`46. According to its website, resolved by visiting the Infringing Domain, GHA is
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`not just a loose association of members interested in the hemp industry. It
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`offers “discovery call[s]” to members to consult on research, funding, and crop
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`sales.
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`47.
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`According to materials available on its website, resolved by visiting the
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`Infringing Domain, GHA also engages in seed varietal trials and offers seminars
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`like educating consumers on legal developments, education to farmers, i.e.,
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`regenerative agriculture, hemp processing, carbon, textiles, and promotion of
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`retail products.
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`48. As for its hemp varietal trials, it offered press, promotion, newsletter mentions,
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`logo placement on reports, branding at field days, early access to data, and
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`offers to advertise products at field days.
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`49. GHA also promotes hemp-derived products and services, including, but not
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`limited to, body care products, decorticator machinery, textiles, and
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`horticultural consulting – all of which are protected by the GLOBAL HEMP
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`Marks.
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`50. GHA, through a supposed partnership with Friends of Hemp, offers retail
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`products for sale, something GHA has posted on its website home page.
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`51.
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`Friends of Hemp is also run, at least in part, by Kerr.
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`52. GHA did and does know Global Hemp. Its founder sent Global Hemp’s owner
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`a LinkedIn request to connect. Global Hemp’s founder’s LinkedIn page features
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`Global Hemp. According to LinkedIn, Kerr has followed Global Hemp’s owner
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`since August 2020.
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`53.
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`This predates GHA’s change of Facebook page branding and filings with the
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`Utah Secretary of State to do business as Global Hemp Association.
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`54. GHA itself follows the Global Hemp LinkedIn page.
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`55. GHA has also interacted with and promoted Mr. Vini Villatoro who is the
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`defendant in another lawsuit by Global Hemp about infringement of its Global
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`Hemp Marks.
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`56.
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`It was indisputable that, upon receipt of a cease-and-desist letter in May 2021,
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`GHA knew of its infringing activities.
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`57.
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`Following that letter, a Joe Hickey (a board member of Friends of Hemp, with
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`Kerr) spoke with Eric Pollitt. During that call, he asserted he spoke to Kerr and
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`GHA planned to change its name. This call, on May 20, 2021 was around an
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`hour long.
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`58.
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`In June 2021 Kerr interviewed Dr. Luke Haverhals, a founder of Natural Fiber
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`Welding, Inc. Another founder of Natural Fiber Welding, Inc was Global Hemp,
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`Inc.’s owner, Eric Pollitt. Mr. Haverhals has appeared several times in GHA
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`programming.
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`59.
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`Around that time, Kerr and Global Hemp’s owner spoke by phone.
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`60. During that call, Kerr was advised, again, of Global Hemp’s trademarks.
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`61.
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`GHA knew about Global Hemp and the GLOBAL HEMP Marks.
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`62.
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`Later, Kerr appeared to become involved with Friends of Hemp and GHA also
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`used the domain hemphallway.com, which resolved to GHA branded pages. It
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`seemed GHA was rebranding. Eventually, it became apparent GHA was not
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`rebranding.
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`63. Global Hemp has not authorized GHA to use its GLOBAL HEMP Marks, let
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`alone as the primary, dominant, portion of a domain name.
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`64. GHA is not associated with or approved by Global Hemp.
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`Count I
`Trademark Infringement
`(15 U.S.C. § 1114)
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`65. Global Hemp reasserts and realleges the foregoing as if set forth here.
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`66. Global Hemp owns the GLOBAL HEMP Marks.
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`67.
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`The marks represented by the GLOBAL HEMP Registrations are registered
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`with the USPTO.
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`68.
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`The GLOBAL HEMP Marks are distinctive marks associated with Global Hemp
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`and exclusively identify Global Hemp’s services to consumers. Global Hemp’s
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`marks represented by GLOBAL HEMP Registrations have priority dates, were
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`distinctive, and signified Global Hemp as a source of services before GHA used
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`the Infringing Mark and well before GHA had sought to legally adopt the
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`assumed name Global Hemp Association.
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`69. GHA, at the direction of the Board Defendants, has used and knowingly
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`continues to use the GLOBAL HEMP Marks or a confusingly similar mark in
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`connection with goods or services in commerce. This use is likely to cause
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`confusion, mistake, or deception as to the origin, sponsorship or approval of
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`such goods or services. GHA’s actions constitute infringement under 15 U.S.C.
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`§ 1114.
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`70. GHA’s use of the Infringing Mark mark is likely to cause initial interest
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`confusion among users and potential users of Global Hemp’s services.
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`71.
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`GHA’s intentional and willful infringement of Global Hemp’s trademark rights
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`has caused, and will continue to cause, damage to Global Hemp in an amount
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`to be proven at trial and is causing irreparable harm to Global Hemp for which
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`there is no adequate remedy at law.
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`72. Global Hemp is entitled to enhanced damages and attorneys’ fees under 15
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`U.S.C. § 1117(a) because GHA, through the Board Defendants, willfully,
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`maliciously, and in bad faith infringed on the GLOBAL HEMP Marks.
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`Count II
`Unfair Competition
`(15 U.S.C. § 1125(a))
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`73. Global Hemp reasserts and realleges the foregoing as if set forth here.
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`74. Global Hemp owns the GLOBAL HEMP Marks.
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`75.
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`The marks represented by the GLOBAL HEMP Registrations are registered
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`with the USPTO.
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`76. GHA’s use in commerce of the Infringing Mark and similar marks, as directed
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`by the Board Defendants, is likely to cause confusion, or to cause mistake, or to
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`deceive the relevant public into believing that the products and services it
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`offers, including those promoted on and consisting of the Infringing Domain
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`are authorized, sponsored, or approved by Global Hemp.
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`77.
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`The above-described acts of GHA constitute unfair competition in violation of
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`15 U.S.C. § 1125(a).
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`78.
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`As a direct and proximate result of GHA’s acts of unfair competition, Global
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`Hemp has suffered and will continue to suffer irreparable loss of income,
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`profits and goodwill and GHA has unfairly acquired and will continue to
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`unfairly acquire income, profits, and goodwill.
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`79. Global Hemp has a right to recover damages caused by GHA’s unfair
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`competition and disgorge GHA’s profits from its willfully infringing profits and
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`unjust enrichment.
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`80. GHA’s acts of unfair competition will cause further irreparable injury to
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`Plaintiff if Defendant is not restrained by this Court from further violation of
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`Global Hemp’s rights. Global Hemp has no adequate remedy at law.
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`81. Global Hemp is entitled to enhanced damages and attorneys’ fees under 15
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`U.S.C. § 1117(a) because GHA, through the Board Defendants, willfully,
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`maliciously, and in bad faith infringed on the GLOBAL HEMP Marks.
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`Count III
`Cybersquatting Under the Anti-Cybersquatting Consumer Protection Act
`(15 U.S.C. § 1125(d))
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`82. Global Hemp reasserts and realleges the foregoing as if set forth here.
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`83. GHA has registered and used the Infringing Domain in interstate commerce.
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`84.
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`The Infringing Domain is identical or confusingly similar to the GLOBAL
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`HEMP Marks and marks represented by the GLOBAL HEMP Registration. The
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`dominant, first two words, of the Infringing Domain consists of Global Hemp’s
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`protected marks, GLOBAL HEMP.
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`85.
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`The GLOBAL HEMP Registrations represent Marks that are distinctive and
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`were distinctive before GHA registered and used the Infringing Domain.
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`86.
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`The Infringing Domain does not resolve to websites owned, controlled, or
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`endorsed by Global Hemp. Instead, they resolve to websites owned and
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`controlled by Defendants.
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`87. When an Internet user looking for Global Hemp’s website mistakenly enters
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`the Infringing Domain as a URL (Internet address) and reaches one of GHA’s
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`websites, he or she has been diverted from Global Hemp’s website. If it is a new
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`visitor, Global Hemp has lost the opportunity to transact business with that
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`visitor. If it is a registered user of Global Hemp’s site, that user may not return
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`to the genuine site after visiting this apparently changed site.
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`88. By adopting the Infringing Domain, GHA has ensured that it appears in
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`Internet search results when consumers search for Global Hemp.
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`Case 1:22-cv-01964 Document 1 Filed 08/07/22 USDC Colorado Page 15 of 21
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`89. GHA intentionally registered and used the Infringing Domain Names to divert
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`consumers from Global Hemp’s website to websites accessible under the
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`Infringing Domain for GHA’s commercial gain by creating a likelihood of
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`confusion as to the source, sponsorship, affiliation, or endorsement of GHA’s
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`websites.
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`90. GHA’s registration and use of the Infringing Domain is mainly intended to
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`capitalize on the goodwill associated with Global Hemp’s marks, including
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`those represented by the GLOBAL HEMP Registrations.
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`91.
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`GHA has no valid trademark rights in the Infringing Domain. It registered the
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`Infringing Domain well before it submitted any filings with the Utah Secretary
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`of State to do business under the name Global Hemp Association.
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`92. Defendants use the Infringing Domain in bad faith to profit from Plaintiff’s
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`GLOBAL HEMP Marks and marks represented by the GLOBAL HEMP
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`Registrations. GHA
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`solicits contributions, advertisers/sponsors, and
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`membership through the websites resolved by visiting the Infringing Domain.
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`93. GHA, directed by the Board Defendants, registered, trafficked in, or used the
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`Infringing Domain with a bad-faith intent to profit from Plaintiff’s GLOBAL
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`HEMP Marks and marks represented by the GLOBAL HEMP Registrations.
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`94. GHA’s diversion of traffic from Global Hemp website has harmed and
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`continues to harm Plaintiff's ability to generate business and retain customers
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`and deprived it of the ability to control the quality of goods and services offered
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`under marks identical or confusingly similar to GLOBAL HEMP Marks.
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`95. GHA’s registration and use of the Infringing Domain has caused and will
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`continue to cause damage to Global Hemp, in an amount to be proven at trial,
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`15
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`Case 1:22-cv-01964 Document 1 Filed 08/07/22 USDC Colorado Page 16 of 21
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`and is causing irreparable harm to Global Hemp, for which there is no adequate
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`remedy at law.
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`Count IV
`Counterfeiting
`(15 U.S.C. § 1114(1))
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`96. Global Hemp reasserts and realleges the foregoing as if set forth here.
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`97. GHA used the marks represented by the GLOBAL HEMP Registrations
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`continuously in United States commerce since at least as early as the dates for
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`the goods and services in the table above.
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`98. Global Hemp has invested substantial time, effort and financial resources
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`promoting its Global Hemp Marks in connection with the marketing and sale
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`of its goods in interstate commerce. The consuming public recognizes the
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`GLOBAL HEMP Marks and associates them with Global Hemp.
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`99.
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` Global Hemp’s marks represented by the GLOBAL HEMP Registrations are
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`registered on the Principal Register of the United States Patent and Trademark
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`Office for those goods and services appearing in the table above.
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`100. GHA offers horticultural consulting services, under the Infringing Mark.
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`101.
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` The Infringing Mark is a spurious mark identical to or substantially
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`indistinguishable from Plaintiff's genuine registered trademark, with only the
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`descriptive term “Association” added.
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`102. GHA's use of the Infringing Mark is likely to cause confusion or mistake or to
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`deceive consumers into believing that Plaintiff is the source of GHA’s
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`horticultural consulting services. Plaintiff did not authorize or license the use
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`of its mark by GHA.
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`Case 1:22-cv-01964 Document 1 Filed 08/07/22 USDC Colorado Page 17 of 21
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`103. Upon information and belief, GHA has advertised and offered its horticultural
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`consulting services using the spurious GLOBAL HEMP ASSOCIATION mark to
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`mislead, deceive, or confuse consumers as to the origin of its goods and of
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`trading on Plaintiff's reputation and goodwill.
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`104. GHA's unauthorized use of its spurious mark in interstate commerce as
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`described above constitutes counterfeiting under 15 U.S.C. § 1114(1).
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`105.
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` As a direct and proximate result of Defendant GHA’s counterfeiting, Global
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`Hemp has suffered and will continue to suffer irreparable loss of income,
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`profits and goodwill and Defendant GHA has unfairly acquired and will
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`continue to unfairly acquire income, profits and goodwill.
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`106. GHA's acts of counterfeiting, directed by the Board Defendants, will cause
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`further irreparable injury to Plaintiff if Defendant GHA is not restrained by this
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`Court from further violation of Plaintiff's rights. Plaintiff has no adequate
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`remedy at law.
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`107. Global Hemp has a right to recover damages, including statutory damages, for
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`GHA’s counterfeiting.
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`Count V
`Common Law Trademark Infringement
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`108. Global Hemp reasserts and realleges the foregoing as if set forth here.
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`109. Global Hemp owns the GLOBAL HEMP Marks.
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`110. The marks represented by the GLOBAL HEMP Registrations are registered
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`with the USPTO.
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`111. The GLOBAL HEMP Marks are distinctive marks associated with Global Hemp
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`and exclusively identify Global Hemp’s products and services to consumers.
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`17
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`Case 1:22-cv-01964 Document 1 Filed 08/07/22 USDC Colorado Page 18 of 21
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`The GLOBAL HEMP Marks have priority dates, were distinctive, and signified
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`Global Hemp as a source of services before GHA used the Infringing Mark and
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`well before GHA had sought to legally adopt the assumed name Global Hemp
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`Association.
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`112. GHA, at the direction of the Board Defendants, has used and knowingly
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`continues to use the GLOBAL HEMP Marks or a confusingly similar mark in
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`connection with goods or services in commerce. This use is likely to cause
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`confusion, mistake, or deception as to the origin, sponsorship or approval of
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`such goods or services.
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`113. GHA’s intentional and willful infringement of Global Hemp’s trademark rights
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`has caused, and will continue to cause, damage to Global Hemp in an amount
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`to be proven at trial and is causing irreparable harm to Global Hemp for which
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`there is no adequate remedy at law.
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`114. Plaintiffs have a right to recover exemplary damages because GHA, as directed
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`by the Board Defendants, has acted with fraud, malice, and willful and wanton
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`conduct.
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`Count VI
`Deceptive Trade Practices Under Colo. Rev. Stat. § 6-1-101 et seq.
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`115. Global Hemp reasserts and realleges the foregoing as if set forth here.
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`116. Global Hemp owns the GLOBAL HEMP Marks.
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`117. The marks represented by the GLOBAL HEMP Registrations are registered
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`with the USPTO.
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`118. The GLOBAL HEMP Marks are distinctive marks associated with Global Hemp
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`and exclusively identify Global Hemp’s products and services to consumers.
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`18
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`Case 1:22-cv-01964 Document 1 Filed 08/07/22 USDC Colorado Page 19 of 21
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`The GLOBAL HEMP Marks have priority dates, were distinctive, and signified
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`Global Hemp as a source of services before GHA used the Infringing Mark and
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`well before GHA had sought to legally adopt the assumed name Global Hemp
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`Association.
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`119. GHA, at the direction of the Board Defendants, has used and knowingly
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`continues to use the GLOBAL HEMP Marks or a confusingly similar mark in
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`connection with goods or services in commerce. This use is likely to cause
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`confusion, mistake, or deception as to the origin, sponsorship or approval of
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`such goods or services.
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`120. GHA’s actions constitute unfair, deceptive, and unlawful trade practices in
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`violation of the Colorado Consumer Protection Act, Colo. Rev. Stat. § 6-1-101 et
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`seq.
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`121. GHA’s actions significantly affects the public as actual or potential consumers
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`of Global Hemp’s products and services.
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`122. GHA, through its Board Defendants, have acted in bad faith and engaged in
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`fraudulent, willful, knowing, and intentional conduct.
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`123. Global Hemp has a right to recover damages, treble damages, and reasonable
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`attorneys’ fees under Colo. Rev. Stat. § 6-1-113.
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`124. Plaintiffs have a right to recover exemplary damages because GHA, as directed
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`by the Board Defendants, has acted with fraud, malice, and willful and wanton
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`conduct.
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`Prayer for relief
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`WHEREFORE, Global Hemp, Inc. requests that the Court enter judgment against
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`Defendants:
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`19
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`Case 1:22-cv-01964 Document 1 Filed 08/07/22 USDC Colorado Page 20 of 21
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`A.
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`Enter a judgment finding that Defendants’ conduct has violated the Anti-
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`Cybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d);
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`B.
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`Enter a judgment finding that Defendants have infringed Plaintiff's registered
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`marks in violation of 15 U.S.C. § 1114;
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`C.
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`Enter a
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`judgment finding that Defendants’ actions constitute unfair
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`competition in violation of 15 U.S.C. § 1125(a);
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`D.
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`Order the transfer to Plaintiff of the Infringing Domain Names and any other
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`domain names registered to and/or used by Defendants confusingly similar to
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`Plaintiff's GLOBAL HEMP Marks, including, but not limited to, domain names
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`containing Plaintiff's mark and domain names containing misspellings of
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`Plaintiff's mark;
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`E.
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`Enter a judgment finding that Defendants’ conduct consists of counterfeiting
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`in violation of 15 U.S.C. §1114(1);
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`F.
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`Issue temporary and permanent injunctive relief against each Defendant and
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`each of its officers, agents, representatives, employees, attorneys, successors,
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`assigns, affiliates and any persons in privity or active concert or participation
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`with
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`any
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`of
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`them,
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`enjoining
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`and
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`restraining
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`them
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`from:
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`1. Infringing Plaintiff's GLOBAL HEMP Marks;
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`2. Registering, using, or trafficking in any domain names that are identical
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`or confusingly similar to Plaintiff's GLOBAL HEMP Marks, including but
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`not limited to domain names containing Plaintiff's mark and domain names
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`containing misspellings of Plaintiff's mark;
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`F. Order Defendants to file with the Court and serve on Plaintiff within thirty days
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`after issuance of an injunction a report in writing and under oath setting forth
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`Case 1:22-cv-01964 Document 1 Filed 08/07/22 USDC Colorado Page 21 of 21
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`in detail the manner and form in which Defendants have complied with the
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`injunction, under 15 U.S.C. § 1116;
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`G. Order Defendants to account to Plaintiff for, and disgorge to Plaintiff, all profits
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`they have derived because of the unlawful acts complained of above and actual
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`damages, trebled under 15 U.S.C. § 1117, in an amount to be proved at trial, or
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`in the alternative, statutory damages of $100,000 per domain name, as elected
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`by Plaintiff, and statutory damages of $2,000,000 for counterfeiting, as elected
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`by Plaintiff;
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`H. Award Plaintiff its costs in this action;
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`I. Award Plaintiff its reasonable attorneys' fees pursuant
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`J. Grant Plaintiff all other relief to which it is entitled and such other or additional
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`relief as is just and proper.
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`Demand for Jury Trial
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`Global Hemp, Inc. demands a trial by jury on all issues so triable.
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`Dated: July 20, 2022
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`Respectfully submitted,
`Global Hemp, Inc., by,
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`/jlap/
`Jonathan LA Phillips
`PHILLIPS & BATHKE, P.C.
`4541 North Prospect Road
`Suite 300A
`Peoria Heights, Illinois 61616
`Tel:
`(309) 643-6518 x701
`Email: jlap@pb-iplaw.com
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`John T.D. Bathke
`PHILLIPS & BATHKE, P.C.
`4541 North Prospect Road
`Suite 300A
`Peoria Heights, Illinois 61616
`Tel:
`(309) 643-6518 x701
`Email: jtdb@pb-iplaw.com
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`21
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