throbber
Case 3:21-cv-01664-VAB Document 1 Filed 12/15/21 Page 1 of 15
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF CONNECTICUT
`
`JUUL LABS, INC.,
`
`v.
`REEHA LLC,
`
`
`Plaintiff,
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`Defendant.
`
`
`
`
`
`Civil Action No.
`
`PLAINTIFF'S COMPLAINT FOR TRADEMARK INFRINGEMENT, FALSE
`DESIGNATION OF ORIGIN, UNFAIR COMPETITION, AND STATUTORY UNFAIR
`TRADE PRACTICES
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`
`
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`
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`Plaintiff JUUL LABS, INC. ("JLI"), by and through its undersigned attorneys, files this
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`Complaint against defendant REEHA LLC, a Connecticut limited liability company ("Defendant"),
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`and hereby alleges as follows:
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`PARTIES
`
`1.
`2.
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`JLI is a corporation organized and existing under the laws of the State of Delaware.
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`Defendant Reeha LLC is a limited liability company organized and existing under
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`the laws of the State of Connecticut and having a principal place of business at 199 West St., Litchfield,
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`Connecticut 06759. Defendant Reeha LLC owns and operates the Citgo – Litchfield Smoker's Choice
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`retail business at that same location.
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`NATURE OF THE ACTION
`
`3.
`
`JLI is the designer, manufacturer, and distributor of JUUL-branded electronic
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`nicotine delivery systems ("ENDS") and other related products (collectively, "the JUUL Products").
`4.
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`The JUUL Products have become targets for individuals and entities who wish to
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`Case 3:21-cv-01664-VAB Document 1 Filed 12/15/21 Page 2 of 15
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`take a "free ride" on the commercial success of the JUUL brand that JLI has spent considerable effort
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`and resources to build.
`5.
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`Specifically, wrongdoers have counterfeited JUUL Products by
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`illegally
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`manufacturing, selling, and distributing fake, copied, and non-genuine versions of JUUL Products and
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`related packaging bearing JUUL trademarks.
`6.
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`Through this action, JLI combats the sale and distribution of these unlawful
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`counterfeit products.
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`JURISDICTION AND VENUE
`
`7.
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`This Court has subject matter jurisdiction over this case pursuant to 15 U.S.C. § 1121
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`and 28 U.S.C. §§ 1331, 1338(a), and 1338(b) because (i) claims herein arise out of federal trademark
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`laws as codified in 15 U.S.C. § 1114 and 15 U.S.C. § 1125(a) (i.e., trademark infringement, false
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`designation of origin, and unfair competition); and (ii) the unfair business practices claim herein is
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`brought with and is related to the substantial claims based on trademark laws. This Court also has
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`supplemental jurisdiction over JLI's claims arising under common law or state law pursuant to 28
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`U.S.C. § 1367(a) because the claims are so related to JLI's federal law claims that they form part of
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`the same case or controversy and derive from a common nucleus of operative facts.
`8.
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`This Court has general personal jurisdiction over Defendant due to its residence and
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`business activities in this judicial district. This Court has specific personal jurisdiction over Defendant
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`due to the nature and quality of its actions toward the state in which this Court is located. The claims
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`asserted herein arise out of and relate to such actions and this Court's exercise of specific personal
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`jurisdiction over Defendant comports with traditional notions of fair play and substantial justice.
`9.
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`Venue in this judicial district is proper for these claims pursuant to 28 U.S.C. §
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`1391(b). As described herein, Defendant resides in this judicial district, a substantial part of the events
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`or omissions giving rise to these claims occurred in this judicial district, and Defendant has extensive
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`contacts with this judicial district relating to JLI's claims. Defendant conducts regular and systematic
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`business transactions in this judicial district, including direct sales to consumers in this judicial district,
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`which violate the intellectual property rights of JLI.
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`Case 3:21-cv-01664-VAB Document 1 Filed 12/15/21 Page 3 of 15
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`FACTUAL ALLEGATIONS COMMON TO ALL CLAIMS
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`JUUL Trademarks and Products
`10.
`
`JLI is the exclusive owner of federally-registered, registration-pending, and common
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`law trademarks. For example, JLI owns the following United States Trademark Registrations:
`
`Depiction of Trademark
`
`(1) First Use
`Registration No.
`(2) In Commerce
`and Date
`(1) 06-01-2015
`4,818,664
`(2) 06-01-2015
`(09-22-2015)
`(1) 06-01-2015
`4,898,257
`(2) 06-01-2015
`(02-09-2016)
`(1) 06-30-2015
`5,918,490
`(2) 06-30-2015
`(11-26-2019)
`True and correct copies of the Registration Certificates for the above-listed
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`JUUL®
`

`JUULpods®
`
`11.
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`trademarks are attached hereto as Exhibit A. Hereinafter, JLI may sometimes utilize the phrase "the
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`JUUL Marks" to refer to, collectively, JLI's federally-registered, registration-pending, and common
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`law trademarks.
`12.
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`JLI creates, manufactures, distributes, markets, and sells JUUL Products, including
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`the JUUL system comprised of: (i) a device containing a rechargeable battery, control circuitry and a
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`receptacle for a cartridge or pod, (ii) a disposable cartridge or pod ("JUULpod") that can be inserted
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`into the device, has a heating chamber and is prefilled with a proprietary nicotine e-liquid formulation,
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`and (iii) a charger for charging the device, and related accessories.
`13.
`
`The JUUL Marks appear clearly on JUUL Products, as well as the packaging as
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`shown in attached Exhibit B, and in marketing materials related to such products.
`14.
`
`The JUUL Marks, as well as the goodwill arising from such trademarks, have never
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`been abandoned.
`15.
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`JLI continues to preserve and maintain its rights with respect to the JUUL Marks,
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`including those registered with the United States Patent and Trademark Office.
`16.
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`Due in large part to the substantial commercial success of the JUUL Products, the
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`JUUL brand is well-known to consumers and has garnered extensive coverage by the media.
`17.
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`Through the extensive use of the JUUL Marks, JLI has spent substantial time, money,
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`Case 3:21-cv-01664-VAB Document 1 Filed 12/15/21 Page 4 of 15
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`and effort in developing consumer recognition and awareness of its brand. JLI markets JUUL Products
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`nationwide to current adult smokers, including through its website, and sells its products nationwide,
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`including in Connecticut, to current adult smokers through its website and through its authorized
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`network. JLI also markets and sells its products internationally. JLI has built up and developed
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`significant customer goodwill in its entire product line and JUUL Products are immediately identified
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`by the JUUL Marks.
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`Sales of Counterfeit Goods and Unlawful Grey Market Goods
`18.
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`Beginning on a date that is currently unknown to JLI, Defendant, without the consent
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`of JLI, has offered to sell and sold, and/or facilitated the offer and sale of, goods that were neither
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`made by JLI nor by a manufacturer authorized by JLI, all by using reproductions, counterfeits, copies
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`and/or colorable imitations of JUUL Products and the JUUL Marks ("Counterfeit Goods").
`19.
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`JLI has not authorized any third party, including Defendant, to make or sell ENDS
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`or other types of products in connection with the JUUL Marks. The Counterfeit Goods sold by
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`Defendant are therefore not manufactured in accordance with JLI's own stringent quality controls but
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`are instead manufactured outside of JLI's knowledge and control, using unknown substances and
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`materials, in unknown locations and with unknown manufacturing requirements/controls.
`20.
`
`The Counterfeit Goods sold by Defendant bear counterfeit and confusingly similar
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`imitations of the JUUL Marks in a manner likely to be confused with genuine JUUL Products.
`21.
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`Beginning on a date that is currently unknown to JLI, Defendant, without the consent
`
`of JLI and within the United States, has offered to sell and sold non-genuine JUUL Products which,
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`as stated on the packaging of the products themselves, are only authorized for sale in particular
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`countries outside the United States and materially differ from genuine JUUL Products in the United
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`States ("Unlawful Grey Market Goods"). Because the Unlawful Grey Market Goods are labeled and
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`packaged to comply with the regulations of the authorized foreign marketplaces, the labeling and
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`packaging of the Unlawful Grey Market Goods are not in compliance with the regulations of the U.S.
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`Food and Drug Administration as well as other federal, state, and local regulations. Further, to the
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`extent the packaging of the Unlawful Grey Market Goods provide required product information and
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`warnings in languages other than English, consumers in the United States who do not read such foreign
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`languages do not receive such required information and warnings.
`22.
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`For example, on April 10, 2021, the Criminal Investigation Division of the State
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`of Connecticut Department of Revenue Services informed JLI, including through photographic
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`evidence, that Counterfeit Goods and Unlawful Grey Market Goods were observed to be for sale at
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`the Citgo – Litchfield Smoker's Choice retail business owned and operated by Defendant located at
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`199 West St., Litchfield, Connecticut 06759 (the "Citgo Business").
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`Cease-and-Desist Correspondence to Defendant
`23.
`
`On April 12, 2021, JLI's counsel mailed a cease-and-desist correspondence to
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`Defendant. A true and correct copy of this correspondence is attached hereto as Exhibit C. The cease-
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`and-desist correspondence provided specific notice of the following, among other items: (i) JLI's
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`confirmation that goods sold by Defendant are in fact counterfeit and grey market goods; (ii) JLI's
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`demand that Defendant cease the sale, manufacture, marketing, and importation of Counterfeit Goods,
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`Unlawful Grey Market Goods, and all other unauthorized use of JLI's intellectual property; (iii) JLI's
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`ownership of the JUUL Marks; (iv) the statutory prohibition of the sale of Counterfeit Goods, Unlawful
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`Grey Market Goods, and all other unauthorized use of JLI's intellectual property, and JLI's right to
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`seek monetary judgments against infringers; and (v) Defendant's willful infringement under federal
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`law would be established by any further sales of Counterfeit Goods, Unlawful Grey Market Goods, or
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`any other unauthorized use of JLI's intellectual property.
`24.
`
`The April 12, 2021 cease-and-desist correspondence requested that Defendant
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`contact JLI's counsel to discuss pre-litigation resolution of the legal issues arising from the sale of the
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`Counterfeit Goods, Unlawful Grey Market Goods, and all other unauthorized use of JLI's intellectual
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`property. Defendant contacted JLI's counsel, but such communication did not result in resolution of
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`JLI's claims.
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`Continued Sales (Counterfeit Goods and Unlawful Grey Market Goods)
`25.
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`On July 12, 2021, a representative of JLI made an in-person purchase of a Counterfeit
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`Good and an Unlawful Grey Market Good for sale at the Citgo Business. True and correct images of
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`Case 3:21-cv-01664-VAB Document 1 Filed 12/15/21 Page 6 of 15
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`the Counterfeit Good and the Unlawful Grey Market Good purchased on July 12, 2021 are attached
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`hereto as Exhibit D. JLI subsequently inspected the products purchased on July 12, 2021 and
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`confirmed that the purchased products are in fact counterfeit and grey market products.
`26.
`
`Further, on September 16, 2021, a representative of JLI supported law enforcement
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`concerning onsite investigation at the Citgo Business regarding Defendant's sales of Counterfeit Goods
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`and Unlawful Grey Market Goods. This inspection of the JUUL-branded products for sale at the Citgo
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`Business resulted in the identification of two Counterfeit Goods and three Unlawful Grey Market
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`Goods. The representative of Defendant present during this inspection voluntarily turned over these
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`products to the investigators. True and correct images of the Counterfeit Goods and Unlawful Grey
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`Market Goods turned over on September 16, 2021 are attached hereto as Exhibit E. JLI subsequently
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`inspected the products turned over on September 16, 2021 and confirmed that the products are in fact
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`counterfeit and grey market products.
`27.
`
`Defendant is not authorized, and never has been authorized by JLI, to produce,
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`manufacture, distribute, market, offer for sale, and/or sell merchandise bearing the JUUL Marks, or
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`any variations thereof. JLI has no control over the nature, quality, or pricing of Defendant's products
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`or marketing, or any other aspect of the business conduct of Defendant.
`28.
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`Defendant uses words, symbols, images, designs, and names confusingly similar or
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`identical to the JUUL Marks to confuse consumers and aid in the promotion and sales of the
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`Counterfeit Goods.
`29.
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`Defendant's counterfeit sales outlined above are likely to deceive, confuse, and
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`mislead purchasers and prospective purchasers into believing that the products are authorized by JLI.
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`Purchasers and prospective purchasers using or simply viewing Defendant's Counterfeit Goods and
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`who perceive a defect, lack of quality, or any other irregularity are likely to mistakenly attribute the
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`issue to JLI, to the detriment of JLI's business, goodwill, and the JUUL brand.
`30.
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`The likelihood of confusion, mistake, and deception brought about by Defendant's
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`misappropriation of the JUUL Marks is causing irreparable harm to the goodwill symbolized by the
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`JUUL Marks, and the reputation for quality that said marks embody.
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`31.
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`Defendant's unauthorized use of the JUUL Marks began after JLI legally established
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`the existence and significant value of such trademarks, including after JLI's adoption and use of the
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`JUUL Marks and after JLI obtained the trademark registrations described above.
`32.
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`Defendant's infusion of the Counterfeit Goods into the marketplace reflects adversely
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`on JLI, results in economic loss to JLI including loss of sales of genuine JUUL Products, damages the
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`goodwill of the JUUL brand, and thwarts JLI's honest efforts and considerable expenditures to promote
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`its genuine JUUL Products using the JUUL Marks.
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`COUNT 1
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`Trademark Infringement – Counterfeit Goods (15 U.S.C. § 1114)
`
`33.
`
`JLI re-alleges and incorporates by this reference each and every allegation in
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`paragraphs 1 through 32 as though set forth fully herein.
`34.
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`Defendant's actions to sell and distribute the Counterfeit Goods which utilize
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`spurious designations that are identical to, or substantially indistinguishable from, the JUUL Marks
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`are intended to cause, have caused, and are likely to continue to cause public confusion or mistake, or
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`to deceive consumers, the public, and the trade into believing that the Counterfeit Goods are genuine
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`or authorized JUUL Products.
`35.
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`Defendant's actions to sell and distribute the Counterfeit Goods therefore constitute
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`trademark infringement in violation of 15 U.S.C. § 1114.
`36.
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`JLI has been damaged as a result of Defendant's infringement of the JUUL Marks.
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`On information and belief, Defendant's sale and distribution of the Counterfeit Goods have resulted in
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`lost sales to JLI, have reduced the business and profits of JLI, and have injured the general reputation
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`and goodwill of JLI, all to JLI's damage in an amount not yet ascertainable, but will be determined
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`during this Civil Action or considered in relation to a request for statutory damages.
`37.
`
`On information and belief, that Defendant has derived, received, and will continue
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`to derive and receive from the aforesaid acts of infringement, gains, profits, and advantages in an
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`amount to be determined during this Civil Action or to be considered in relation to a request for
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`38.
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`On information and belief, Defendant acted intentionally and/or willfully in
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`infringing upon the JUUL Marks through sale and distribution of the Counterfeit Goods, knowing that
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`the JUUL Marks belonged to JLI, that the Counterfeit Goods were in fact infringing, and that
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`Defendant was not authorized to infringe upon the JUUL Marks through sale and distribution of the
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`Counterfeit Goods.
`39.
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`Defendant's spurious designation of its products also constitutes the use by
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`Defendant of at least one "counterfeit mark" as defined in 15 U.S.C. § 1116(d)(1)(B). Therefore, JLI
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`is entitled to recovery of treble damages and to an award of reasonable attorneys' fees pursuant to 15
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`U.S.C. §§ 1117(a) and 1117(b).
`40.
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`Because Defendant's actions constitute the use by Defendant of at least one
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`"counterfeit mark" as defined in 15 U.S.C. § 1116(d)(1)(B), JLI reserves the right to elect, at any time
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`before final judgment is entered in this case, an award of statutory damages pursuant to 15 U.S.C. §
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`1117(c)(1) or (2). On information and belief, Defendant has knowingly and willfully engaged in the
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`acts complained of with oppression, fraud, malice, and in conscious disregard of the rights of JLI. JLI
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`is, therefore, entitled to the maximum statutory damages allowable.
`41.
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`The acts of trademark infringement committed by Defendant, directly and/or in
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`contributory or vicarious manner, have caused, and will continue to cause, JLI irreparable harm unless
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`they are enjoined by this Court. On information and belief, Defendant's actions were committed in
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`bad faith and with the intent to cause confusion and mistake, and to deceive the consuming public as
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`to the source, sponsorship, and/or affiliation of Defendant and/or the Counterfeit Goods.
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`COUNT 2
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`False Designation of Origin – Counterfeit Goods (15 U.S.C. § 1125(a))
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`42.
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`JLI re-alleges and incorporates by this reference each and every allegation in
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`paragraphs 1 through 41 as though set forth fully herein.
`43.
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`Defendant's unauthorized use of the JUUL Marks, brand names, and the other
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`distinctive words, symbols, slogans, color schemes, images, and designs through which Defendant
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`presents its Counterfeit Goods to the market constitutes a wrongful and false representation to the
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`consuming public that the Counterfeit Goods sold by Defendant originated from JLI or somehow are
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`authorized by or affiliated with JLI.
`44.
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`Defendant's actions as described herein constitute violation of 15 U.S.C. §
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`1125(a)(1)(A), as such actions are likely to cause confusion, or to cause mistake, or to deceive as to
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`the affiliation, connection, or association of Defendant with JLI and/or as to the origin, sponsorship,
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`and/or approval of the Counterfeit Goods by JLI. These acts amount to false designations of origin.
`45.
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`JLI has been damaged as a result of Defendant's actions described herein. On
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`information and belief, Defendant's sale of the Counterfeit Goods has resulted in lost sales to JLI, has
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`reduced the business and profits of JLI, and has greatly injured the general reputation and goodwill of
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`JLI, all to JLI's damage in an amount not yet ascertainable, but that will be determined during this
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`Civil Action or to be considered in relation to a request for statutory damages.
`46.
`
`On information and belief, Defendant has derived, received, and will continue to
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`derive and receive from the aforesaid acts of infringement, gains, profits, and advantages in an amount
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`to be determined during this Civil Action or to be considered in relation to a request for statutory
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`damages.
`47.
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`On information and belief, Defendant acted intentionally and/or willfully in using
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`the JUUL Marks on the Counterfeit Goods, knowing that the JUUL Marks belonged to JLI, that the
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`Counterfeit Goods were in fact counterfeit, and that Defendant was not authorized to use the JUUL
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`Marks on the Counterfeit Goods.
`48.
`
`Defendant's acts of violating 15 U.S.C. § 1125(a), directly and/or in contributory or
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`vicarious manner, have caused, and will continue to cause, JLI irreparable harm unless they are
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`enjoined by this Court. On information and belief, Defendant's actions were committed in bad faith
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`and with the intent to cause confusion and mistake, and to deceive the consuming public as to the
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`source, sponsorship, and/or affiliation of Defendant and/or the Counterfeit Goods.
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`COUNT 3
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`Unfair Competition – Counterfeit Goods (15 U.S.C. § 1125(a))
`
`49.
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`JLI re-alleges and incorporates by this reference each and every allegation in
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`Case 3:21-cv-01664-VAB Document 1 Filed 12/15/21 Page 10 of 15
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`paragraphs 1 through 48 as though set forth fully herein.
`50.
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`An express purpose of the Lanham Act is to protect commercial parties against unfair
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`competition.
`51.
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`Defendant's unauthorized use of the JUUL Marks, brand names, and the other
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`distinctive words, symbols, color schemes, and designs through which JLI presents its products to the
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`market constitutes wrongful and unfair business practices and marketplace bad faith, resulting in false
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`designations and inaccurate representations to the consuming public that the Counterfeit Goods sold
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`by Defendant originated from or somehow are authorized by or affiliated with JLI. Defendant so acted
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`for Defendant's own financial benefit in disregard to the harm being caused to JLI.
`52.
`
`Defendant's actions as described herein constitute violation of 15 U.S.C. §
`
`1125(a)(1)(A), as such actions are likely to cause confusion, or to cause mistake, or to deceive as to
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`the affiliation, connection, or association of Defendant with JLI and/or as to the origin, sponsorship,
`
`and/or approval of the Counterfeit Goods by JLI. These acts amount to false designations to compete
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`unfairly with JLI.
`53.
`
`JLI has been damaged as a result of Defendant's actions described herein. On
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`information and belief, Defendant's sale of the Counterfeit Goods has resulted in lost sales to JLI, has
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`reduced the business and profits of JLI, and has greatly injured the general reputation and goodwill of
`
`JLI, all to JLI's damage in an amount to be determined during this Civil Action or to be considered in
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`relation to a request for statutory damages.
`54.
`
`On information and belief, Defendant has derived, received, and will continue to
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`derive and receive from the aforesaid acts of infringement, gains, profits, and advantages in an amount
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`to be determined during this Civil Action or to be considered in relation to a request for statutory
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`damages.
`55.
`
`On information and belief, Defendant acted intentionally and/or willfully in using
`
`the JUUL Marks on the Counterfeit Goods, knowing that the JUUL Marks belonged to JLI, that the
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`Counterfeit Goods were in fact counterfeit, and that Defendant was not authorized to use the JUUL
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`Marks on the Counterfeit Goods.
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`56.
`
`Defendant's acts of violating 15 U.S.C. § 1125(a), directly and/or in contributory or
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`vicarious manner, have caused, and will continue to cause, JLI irreparable harm unless they are
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`enjoined by this Court. On information and belief, Defendant's actions were committed in bad faith
`
`and with the intent to cause confusion and mistake, and to deceive the consuming public as to the
`
`source, sponsorship, and/or affiliation of Defendant and/or the Counterfeit Goods.
`
`COUNT 4
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`Trademark Infringement – Grey Market Goods (15 U.S.C. § 1114)
`
`57.
`
`JLI re-alleges and incorporates by this reference each and every allegation in
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`paragraphs 1 through 56 as though set forth fully herein.
`58.
`
`Defendant's actions to sell and distribute the Unlawful Grey Market Goods in the
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`United States are intended to cause, have caused, and are likely to continue to cause public confusion
`
`or mistake, or to deceive consumers, the public, and trade into believing that the Unlawful Grey Market
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`Goods are genuine and authorized JUUL Products in the United States.
`59.
`
`The Unlawful Grey Market Goods are non-genuine JUUL Products in the United
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`States and the "first sale" doctrine does not foreclose Defendant's liability under this cause of action
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`because the Unlawful Grey Market Goods materially differ from genuine JUUL Products authorized
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`for sale in the United States. Specifically, among other things, the labeling and packaging of the
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`Unlawful Grey Market Goods (i) state the products are only authorized for sale in particular countries
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`outside the United States, (ii) are designed to comply with the regulations of the authorized foreign
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`marketplaces, and (iii) are not in compliance with the regulations of the U.S. Food and Drug
`
`Administration.
`60.
`
`The foregoing acts of Defendant constitute direct, contributory, and/or vicarious
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`trademark infringement in violation of 15 U.S.C. § 1114.
`61.
`
`JLI has been damaged as a result of Defendant's infringement of the JUUL Marks.
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`On information and belief, Defendant's sale and distribution of the Unlawful Grey Market Goods have
`
`resulted in economic loss to JLI and have injured the general reputation of JLI, all to JLI's damage in
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`an amount to be determined during this Civil Action.
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`Case 3:21-cv-01664-VAB Document 1 Filed 12/15/21 Page 12 of 15
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`62.
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`On information and belief, Defendant has derived, received, and will continue to
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`derive and receive from the aforesaid acts of infringement, gains, profits, and advantages in an amount
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`not yet ascertainable, but that will be determined during this Civil Action.
`63.
`
`On information and belief, Defendant acted intentionally and/or willfully in
`
`infringing upon the JUUL Marks through sale and distribution of the Unlawful Grey Market Goods,
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`knowing that the JUUL Marks belonged to JLI, that the Unlawful Grey Market Goods were in fact
`
`infringing, and that Defendant was not authorized to infringe upon the JUUL Marks through sale and
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`distribution of the Unlawful Grey Market Goods.
`64.
`
`The acts of direct, contributory, and/or vicarious trademark infringement committed
`
`by Defendant have caused, and will continue to cause, JLI irreparable harm unless they are enjoined
`
`by this Court. On information and belief, Defendant's actions were committed in bad faith and with
`
`the intent to cause confusion and mistake, and to deceive the consuming public into believing that the
`
`Unlawful Grey Market Goods are genuine or authorized JUUL Products.
`
`COUNT 5
`Statutory Unfair Trade Practices – Conn. Gen. Stat. § 42-110a, et seq.
`
`65.
`
`JLI re-alleges and incorporates by this reference each and every allegation in
`
`paragraphs 1 through 64 as though set forth fully herein
`66.
`
`Defendant's actions of trademark infringement, false designations of origin,
`
`misrepresentation, and deception described herein constitute unfair competition and/or unfair trade
`
`practices in violation of Connecticut's Unfair Trade Practices Act, Conn. Gen. Stat. §§ 42-110a, et seq.
`
`Defendant's actions described herein also offend public policy.
`67.
`
`JLI has been damaged by Defendant's acts of unfair competition or unfair trade
`
`practices. On information and belief, Defendant's sale and distribution of the Counterfeit Goods and
`
`Unlawful Grey Market Goods have resulted in economic loss to JLI and have injured JLI's general
`
`reputation and goodwill in the industry, all in an amount to be determined during this Civil Action.
`68.
`
`Defendant's actions described herein have caused, and will continue to cause, JLI to
`
`suffer irreparable harm unless enjoined by this Court.
`
`
`
`
`12
`
`

`

`Case 3:21-cv-01664-VAB Document 1 Filed 12/15/21 Page 13 of 15
`
`COUNT 6
`
`Common Law Unfair Competition
`
`69.
`
`JLI re-alleges and incorporates by this reference each allegation in paragraphs 1
`
`through 68 as though set forth fully herein.
`70.
`
`JLI and Defendant are competitors in the marketing and sale of ENDS and related
`
`products.
`71.
`
`Defendant's actions of trademark infringement, false designation of origin,
`
`misrepresentation, and deception in the sale of ENDS described herein constitute unfair competition
`
`in the marketing and sale of ENDS and related products under the common law.
`72.
`
`JLI has been damaged by Defendant's acts of unfair competition. JLI alleges, on
`
`information and belief, that Defendant's sale and distribution of the Counterfeit Goods and the
`
`Unlawful Grey Market Goods have resulted in economic loss to JLI, have injured the general
`
`reputation and goodwill of JLI, and caused JLI to suffer damage in an amount to be determined during
`
`this Civil Action.
`73.
`
`Defendant's actions described herein have caused, and will continue to cause, JLI to
`
`suffer irreparable harm unless enjoined by this Court.
`
`REQUEST FOR RELIEF
`
`WHEREFORE, JLI hereby respectfully requests the following relief against Defendant
`
`REEHA LLC, a Connecticut limited liability company, as follows:
`1.
`
`An award of Defendant's profits and JLI's damages for trademark infringement of the
`
`JUUL Marks under 15 U.S.C. §§ 1114 and 1117, trebled, in an amount to be proven
`
`at trial;
`
`2.
`
`An award of Defendant's profits and JLI's damages for false designations of origin in
`
`the sale of Counterfeit Goods under 15 U.S.C. § 1125(a), trebled, in an amount to be
`
`proven at trial;
`
`3.
`
`An award of Defendant's profits and JLI's damages for unfair competition in the sale
`
`of Counterfeit Goods under 15 U.S.C. § 1125(a), trebled, in an amount to be proven at
`
`
`
`
`13
`
`

`

`Case 3:21-cv-01664-VAB Document 1 Filed 12/15/21 Page 14 of 15
`
`trial;
`
`4.
`
`In the alternative to Defendant's profits and JLI's damages for trademark infringement
`
`of JUUL Marks, an award of statutory damages pursuant to 15 U.S.C. § 1117(c) of
`
`$2,000,000.00 for each of the counterfeited trademarks willfully utilized by
`
`Defendant per type of goods sold, offered for sale or distributed;
`
`5.
`
`An injunction by this Court prohibiting Defendant, and Defendant's respective agents,
`
`servants, employees, and representatives and all persons in active concert and
`
`participation with them, during the pendency of this action and permanently
`
`thereafter, from: engaging or continuing to engage in the infringing, unlawful, unfair,
`
`or fraudulent business acts or practices relating to the intellectual property owned by
`
`JLI, including the marketing, sale, distribution, and/or other dealing in any non-
`
`genuine JUUL Products such as fake counterfeit products or unauthorized grey-
`
`market products; using without permission any mark or other intellectual property
`
`right of JLI; acting to infringe the JUUL Marks; falsely designating the origin of any
`
`non-genuine JUUL Product; engaging in unfair competition with JLI; or acting in any
`
`other manner to derogate JLI's intellectual property rights;
`
`An Order requiring that Defendant provide complete accountings and for equitable
`
`relief;
`
`An Order that an asset freeze or constructive trust be imposed over all ill-gotten
`
`monies and profits in Defendant's possession;
`
`Pursuant to 15 U.S.C. § 1116, including upon ex parte application, an Order for the
`
`seizure of goods and counterfeit marks and the means of making such marks, and
`
`records documenting the manufacture, sale, or receipt of things involved in trademark
`
`violations;
`
`6.
`
`7.
`
`8.
`
`9.
`
`Pursuant to 15 U.S.C. § 1118, an Order requiring that Defendant and all others acting
`
`under Defendant's authority, at their cost, be required to deliver up to JLI for
`
`destruction all products, accessories, labels, signs, prints, packages, wrappers,
`
`
`
`
`14
`
`

`

`Case 3:21-cv-01664-VAB Document 1 Filed 12/15/21 Page 15 of 15
`
`marketing materials, and other material in their possession, custody, or control
`
`bearing any of the JUUL Marks;
`
`10.
`
`To the extent not duplicated by the awards sought above, an award of actual damages
`
`for the unfair acts and practices of Defendant, and in the Court's discretion punitive
`
`damages, pursuant Conn. Gen. Stat. § 42-110g(a);
`
`11.
`
`To the extent not duplicated by the awards above, an award of costs and JLI's
`
`reasonable attorney's fees pursuant to Conn. Gen. Stat. § 42-110g(d);
`
`12.
`
`Prejudgment interest and post-judgment interest in the maximum amount allowed
`
`under the law; and
`
`13.
`
`Such other and further relief as the Court may deem just and equitable.
`
`December 15, 2021
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`JUUL LABS, INC.
`Plaintiff
`
`s/ JOHN C. LINDERMAN
`JOHN C. LINDERMAN
`ct04291
`lind@ip-lawyers.com
`GERALD L. DEPARDO
`ct15134
`depardo@ip-lawyers.com
`MCCORMICK, PAULDING &
`HUBER PLLC
`CityPlace II, 18

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