Case 1:20-cv-20062-CMA Document 1 Entered on FLSD Docket 01/07/2020 Page 1 of 23
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`
`CASE NO.
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`EASYGROUP LTD,
`a United Kingdom corporation,
`
`Plaintiff,
`
`v.
`
`SKYSCANNER, INC. a Delaware corporation
`registered to do business in Florida,
`KAYAK, LLC., a Connecticut limited liability
`company, KIWI.COM, INC., a
`Delaware corporation, LBF TRAVEL, INC.,
`d/b/a SMARTFARES.COM, a Delaware
`corporation, EMPRESA AEREA DE SERVICIOS
`Y FACILITACION LOGISTICA INTEGRAL,
`S.A., d/b/a EASYFLY, S.A., a Colombian
`corporation, ALFONSO AVILA VELANDIA,
`an individual resident of Bogota, Colombia,
`LUFTWINDS S.A., a Panamanian corporation,
`HENRY ALEJANDRO CUBIDES MORENO,
`an individual resident of the Republic of Panama.
`
`Defendants.
`_______________________________________/
`
`COMPLAINT
`
`Plaintiff, easyGroup LTD f/k/a easyGroup IP Licensing Ltd. (“easyGroup” or “Plaintiff”),
`
`by and through its undersigned counsel, hereby sues Defendants, SKYSCANNER, INC. a
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`Delaware corporation registered to do business in Florida (“Skyscanner”), KAYAK, LLC
`
`(“Kayak”), KIWI.COM, INC., (“Kiwi”), LBF TRAVEL, INC., d/b/a SMARTFARES.COM,
`
`(“Smartfares”), EMPRESA AEREA DE SERVICIOS Y FACILITACION LOGISTICA
`
`INTEGRAL, S.A., d/b/a EASYFLY, S.A. (“Easyfly”), LUFTWINDS S.A. (“Luftwinds”),
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`(Skyscanner, Kayak, Kiwi, Smartfares, Luftwinds and Easyfly are referred to as “Corporate
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`Defendants”), ALFONSO AVILA VELANDIA (“Avila”), and HENRY ALEJANDRO
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`CUBIDES MORENO (“Cubides”) (Corporate Defendants, Avila and Cubides are referred to as
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`“Defendants”) and states:
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`JURISDICTION AND VENUE
`
`1.
`
`This Court has jurisdiction over this action pursuant to 15 U.S.C. § 1121 (actions
`
`arising under the Lanham Act), 28 U.S.C. § 1338(a) (acts of Congress relating to trademarks), 28
`
`U.S.C. § 1338(b) (pendant unfair competition claims) and 28 U.S.C. § 1367 (supplemental
`
`jurisdiction). Furthermore, Plaintiff has directed sales into this state and purposefully availed itself
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`of the laws of this state.
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`2.
`
`Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) and (c) because
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`Defendants have taken actions outside of the state of Florida which have caused injuries in this
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`District and a substantial part of the events or omissions giving rise to the claim occurred in this
`
`District.
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`NATURE OF ACTION
`
`3.
`
`This is an action in law and equity for trademark counterfeiting and infringement,
`
`common law trademark infringement, trademark dilution, false designation of origin, civil
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`conspiracy, and unfair competition, in violation of Section 42 of the Lanham Act of 1946, as
`
`amended, 15 U.S.C. § 1051, et seq., and Florida State law and declaratory relief.
`
`4.
`
`Plaintiff, easyGroup, is a corporation organized under the laws of the United
`
`THE PARTIES
`
`Kingdom.
`
`5.
`
`Skyscanner, is a corporation organized and existing under the laws of the state of
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`Delaware which is registered to do business in Florida. Skycanner’s principal office in Florida is
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`at 1111 Brickell Ave., Suite 2250, Miami, FL 33131. Its registered agent for service of process in
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`Florida is Bryan Jason Dove, 1111 Brickell Ave., Suite 2250, Miami, FL 33131.
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`6.
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`Kayak is a corporation organized under the laws of the state of Connecticut. Kayak
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`is not registered to do business in Florida but is offering its services to Florida residents. Kayak’s
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`principal place of business is 149 East Lake Street, Winsted, CT 06098. Its registered agent for
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`service of process is Bruce G. Temkin, LLC, 100 Pearl Street, 14th Floor, Hartford, CT, 06103.
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`7.
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`Kiwi is a corporation organized under the laws of the state of Delaware. Kiwi is
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`not registered to do business in Florida but is offering its services to Florida residents. Kiwi’s
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`principal place of business is unknown. Its registered agent for service of process is Northwest
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`Registered Agent Service, Inc., 8 The Green, Ste. B, Dover, DE 19901.
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`8.
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`Smartfares is a corporation organized under the laws of the state of Delaware.
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`Smartfares is not registered to do business in Florida but is offering its services to Florida residents.
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`Smartfares’ principal place of business is unknown. Its registered agent for service of process is
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`Michael H. Thomas, 4545 Murphy Canyon Rd., Ste. 210, San Diego, CA 92123.
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`9.
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`Easyfly is, upon information and belief, a corporation organized and existing under
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`the laws of the Republic of Colombia. Easyfly’s principal place of business is located at Avenida
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`El Dorado 103 - 08 Puerta 1 Angar 14, Bogota, Colombia.
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`10.
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`Avila is an individual, Colombian state ID (cedula) number 000000007418415,
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`believed to reside at CRA 74 48-19, Bogota, Cundinamarca, Colombia. Avila is the CEO of
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`Easyfly and, upon information and belief, the decision maker controlling its actions.
`
`11.
`
`Luftwinds, is, upon information and belief, a corporation organized and existing
`
`under the laws of the Republic of Panama. Luftwinds’ principal place of business is located at
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`Avenida Pacifica - Avenida Paseo del Mar, Costa Este, Ciudad Panama.
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`12.
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`Cubides is an individual believed to reside in Colombia, Colombian state ID
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`(cedula) number 0001094204, at Carrera 88 No. 17 B-40, 110921 Bogota D.C., Colombia.
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`Cubides is the CEO of Luftwinds and, upon information and belief, the decision maker controlling
`
`its actions.
`
`A. EasyGroup and the EasyGroup family of marks.
`
`FACTS
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`13.
`
`Plaintiff easyGroup is a corporation organized in the United Kingdom to manage
`
`and license an international family of marks beginning with the prefix “easy”. easyGroup licenses
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`these trademarks to companies around the world.
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`14.
`
`easyGroup owns numerous trademark registrations beginning with the prefix
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`“easy” worldwide for a large variety of goods and services.
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`15.
`
`In the United States, easyGroup owns 21 federal trademark registrations:
`
`1 87146197
`2 87144337
`3 87136730
`4 87144305
`5 87146275
`6 87535672
`7 87165841
`8 87138167
`9 87136788
`10 87136758
`11 87136710
`12 87119875
`13 87119844
`14 85579925
`15 85616949
`16 78467389
`17 78191157
`18 77912940
`19 77284909
`
`5915181
`5816354
`5758042
`5706561
`5672095
`5548544
`5483502
`5483482
`5483480
`5483479
`5483478
`5483459
`5483458
`4356384
`4416807
`3147540
`2831948
`4051278
`3507427
`
`EASYWATCH.COM
`EASYLAND
`EASYCINEMA
`EASYKIOSK
`EASYTRUCK
`EASYHOTEL
`EASYJET EASYJET.COM
`EASYCRUISE
`EASYJETHOLIDAYS
`EASYINTERNETCAFE
`EASYATLANTIC
`EASYAIR
`EASYFLY
`EASYBUS
`EASY
`EASYJET
`EASYCAR
`EASYJET
`EASYROOMMATE
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`20 76460480
`21 75235803
`
`3155481
`2197131
`
`EASYBUS
`EASYJET
`
`16.
`
`In addition to the foregoing registrations, easyGroup owns a pending application
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`for EASYMONEY(88060804) for, among other things, money machines, financial services and
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`banking.
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`17.
`
`easyGroup also owns another application for EASYSKY (87119819) for, among
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`other things, advertising and coordinating travel arrangements.
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`18.
`
`The foregoing list specifically includes:
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`a. EASYFLY (Reg. No. 5483458) in class 39 for
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`i. Transport by land, air, aircraft, water, vessels, and vehicles; packaging and
`storage of goods; coordinating travel arrangement, namely, travel and
`transport information services and coordinating travel arrangements; travel
`information; provision of car parking facilities; transportation of goods,
`passengers and travelers by air, land, sea and rail; airline and shipping
`services; airport check-in services; arranging of transportation of goods,
`passengers and travelers by land and sea; airline services; baggage handling
`services; cargo handling and freight services; arranging, operating and
`providing cruises, sightseeing tour transport, sightseeing tours in the nature
`of travel guide services, excursion transport, and vacation excursion
`transport; chartering of aircraft; rental and hire of aircraft, vehicles and
`boats; chauffeur services; taxi services; bus services; coach services; rail
`services; airport transfer services; airport parking services; aircraft parking
`services; escorting of travelers; travel agency services, namely, making
`reservations and bookings for travel and transportation; tourist office
`services, namely, providing travel information; advisory and information
`services relating to the aforesaid services, namely, travel information, flight
`arrival and departure information; information services relating to
`transportation services, travel information and travel transportation booking
`services provided on-line from a computer database or the Internet; booking
`of travel tickets; booking of seats for travel; providing a website for the
`arrangement and booking of travel transportation; making reservations and
`bookings for transportation; travel booking agencies; providing information
`about travel and bookings for travel; providing information about travel and
`bookings for travel, namely, transportation and cruises.
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`b.
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` (Reg. No. 4416807) in class 39 for
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`i. Transportation of goods, passengers and travellers by air; airline and
`shipping services; airport check-in services, namely, airport baggage check-
`in services, airport passenger check-in services, or airline check-in services;
`arranging of transportation of passengers and travellers by land, namely,
`making reservations and bookings for transportation of passengers and
`travellers by land; airline transportation services; bus transport services;
`transportation services, namely, checking of baggage; cargo handling;
`freight services, namely, freight forwarding services and freight loading
`services; arranging, operating and providing facilities for cruises, tours,
`excursions and vacations, namely, arranging travel tours, cruises,
`excursions and vacations, organization, booking and arrangement of
`excursions, day trips and sightseeing tours, tour guide services, travel,
`excursion and cruise arrangement; chartering of aircraft; rental and hire of
`aircraft, vehicles and boats; aircraft parking services; travel booking agency
`and tourist office services; advisory and information services relating to the
`aforesaid services; information services relating to transportation services,
`including information services provided on-line from a computer database
`or the Internet.
`
`c. EASYJET (Reg. No. 2197131) in class 39 for
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`i. Air transportation; travel agency services, namely, making reservations and
`bookings for transportation; arranging travel tours.
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`19.
`
`easyGroup and its licensees spend hundreds of thousands of dollars every year
`
`promoting the “easy” trademarks and building easyGroup’s goodwill in the marks.
`
`20.
`
`As a result of its significant marketing efforts, the “easy” family of marks have
`
`become famous and well known in the United States and in many other countries.
`
`21.
`
`The strongest reputation enjoyed by easyGroup is in relation to air travel services,
`
`owing to the airline “easyJet”. Of the above marks, easyJet has the most significant and
`
`longstanding reputation for aviation services, but all of the above marks are registered for such
`
`services.
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`22.
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`easyJet is one of the largest and best-known airlines in the world, operating in over
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`30 countries and carrying about 100 million passengers a year. The www.easyjet.com website
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`receives over 200 million customer visits a year.
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`B. Avila pirates the Easy marks in Colombia.
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`23.
`
`Defendant Easyfly is an airline founded and initially operated in the country of
`
`Colombia in 2007 by Defendant Avila.
`
`24.
`
`Upon information and belief, Defendant Avila, who previously operated Aero
`
`Republica, named his airline Easyfly with the intent of copying easyGroup’s highly successful
`
`“easy” family of marks in general and EASYJET in particular.
`
`25.
`
`Upon information and belief, Defendant Avila principally controls the actions of
`
`Easyfly in relation to this Complaint.
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`26.
`
`Until recently, Easyfly only operated routes in Colombia but is looking to expand
`
`internationally.
`
`27.
`
`Easyfly has previously availed itself and brought legal action before the Courts of
`
`the United States and particularly before the Southern District of Florida. See Empresa Aerea De
`
`Servicios Y Facilitacion Logistica Integral, S.A., D/B/A Easyfly, S.A. v. Black Lion Aviation Corp.,
`
`Case No. 10-60112-CTV-Zloch (2010).
`
`28.
`
`easyGroup has engaged in ongoing legal action to stop Avila and Easyfly’s piracy
`
`of the “Easyfly” mark in Colombia.
`
`29.
`
`Easyfly operates a website which purports to sell tickets only in Colombia but
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`which accepts purchases from the United States. See Exhibit A.
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`30.
`
`The Easyfly site claims to require a government ID (“Cedula”) but ignores fake
`
`numbers and accepts orders from U.S. customers using U.S. credit cards. Upon information and
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`belief, the site does not seek business solely from the large Colombian American community in
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`the U.S. but from any U.S. travelers.
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`31.
`
`On this site and others, Easyfly uses the following infringing trademarks:
`
`a. EASYFLY
`
`b.
`
`c.
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`32.
`
`Easyfly also identifies its service using the mark:
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`C. Defendants profit from infringing and counterfeit EASYFLY mark in the United States.
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`33.
`
`Defendants Kayak, Skyscanner and Smartfares promote travel fares and direct
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`customers to ticket vendors. These parties benefit from the online traffic by using the infringing
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`mark to offer infringing services despite the fact that they do not ultimately sell the ticket.
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`34.
`
`Skyscanner and Smartfares go even further and create landing pages promoting the
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`infringing trademark and services to U.S. customers in order to increase online traffic to their sites.
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`35.
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`Defendant Kiwi is an online ticket reseller who, directly or indirectly, sells tickets
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`to customers forwarded by Kayak (and others).
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`36.
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`These parties, under the guise of providing information to customers, profit from
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`promoting carrier brands that drive the sale of air travel tickets.
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`37.
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`These parties also use marks which are infringing in the United States to drive
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`traffic to foreign carriers, thereby benefiting from their use and assisting in creating the infringing
`
`sales. The sites do not merely provide information about a carrier, they provide actual times and
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`pricing and facilitate a link for the purpose of promoting commercial activity in the United States
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`using the infringing or counterfeit trademarks.
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`38.
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`Skyscanner, operates a website promoting the purchase of tickets for flights on the
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`pirate Easyfly service:
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`See Exhibit B.
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`39.
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`Skyscanner then identifies and sells tickets for flights on the pirate airline usually
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`combining the Colombian legs of the route with other legs from legitimate carriers in order to
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`make the infringing sale possible. See Exhibit C.
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`40.
`
`Skyscanner directs the ticket purchase to make the purchase with Kiwi or with the
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`infringing Easyfly site directly, permitting them to benefit from the use of the trademark in the
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`U.S. market. Through its promotion of the counterfeit Easyfly mark Skyscanner is also driving
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`traffic to its website, therefore profiting from the infringing use.
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`41.
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`Kayak is offering U.S. customers tickets on Avila’s infringing Easyfly service and,
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`in doing so, is actively promoting the counterfeit trademark in the United States:
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`See Exhibit D.
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`42.
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`Selecting one of these tickets directs the U.S. customer to Defendant Kiwi’s
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`KIWI.COM site which actually sells the ticket. See Exhibit E.
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`43.
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`Although Kiwi does not display the mark, it facilitates and profits from Kayak’s
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`use of the infringing mark and forms a part of the conspiracy to directly and contributorily infringe
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`easyGroup’s trademarks using the counterfeit Easyfly mark. Kiwi was previously contacted by
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`easyGroup and asked to discontinue using the infringing and counterfeit Easyfly mark on its site.
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`It appears that it did stop making use on the KIWI.COM site but continues to profit from use of
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`the mark through the activities of Kayak.
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`44.
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`Smartfares, another online consolidator, operates a page promoting the infringing
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`and counterfeit Easyfly mark to drive web traffic to its United States website and offers
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`promotional discounts to United States customers for using the pirate airline:
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`See Exhibit F.
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`45.
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`Although Smartfares does not seem to actually be offering tickets on the pirate
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`airline at this time, it nevertheless is driving web traffic to its United States site using the infringing
`
`and counterfeit mark.
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`46.
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`Upon information and belief, it is likely, based on the nature of the online travel
`
`industry, that the pirate airline Easyfly has agreements with one or more of these online
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`consolidators encouraging them to use and promote the counterfeit Easyfly mark and to promote
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`sale of tickets on the pirate airline in the United States.
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`47.
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`The pirate Easyfly airline is benefitting from the infringing activities of these online
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`consolidators who are selling tickets on the pirate airline using the counterfeit Easyfly trademark
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`in the United States.
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`48.
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`Easyfly even issued “Black Friday” specific promotions with the apparent intent of
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`luring United States customers through the consolidator sites or through direct purchase on the
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`pirate airline’s Colombian website. See Exhibit G.
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`D. Luftwinds and Cubides and the imminent threat of airplanes branded with the
`counterfeit EASYFLY mark coming to the United States.
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`49.
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`Luftwinds is a company that is closely affiliated with Easyfly.
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`50.
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`Luftwinds purchases the planes with the Easyfly brand affixed to the exterior and
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`then leases the planes to Easyfly for use in Colombia.
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`51.
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`Cubides is the CEO of Luftwinds and, upon information and belief, controls its
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`actions with regards to the planes.
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`52.
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`On October 17, 2019, in a legal proceeding filed by easyGroup against Easyfly
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`before the High Court of Justice of the Business and Property Courts of England and Wales, Claim
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`No. IL-2017-00030, Raffaele Buompane submitted a Witness Statement. A Witness Statement is
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`the legal equivalent of testimony and constitutes evidence in the case. See Exhibit H – Witness
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`Statement of Raffaele Buompane.
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`53. Mr. Buompane is an Aircraft Acceptance and Delivery Manager for Avions de
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`Transport Regional (GIE) d/b/a ATR Aircraft (“ATR”). Id. ¶ 1.
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`54.
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`ATR was founded in 1981 and promotes itself as ATR the world leader in the
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`market for regional aircraft up to 90 seats. Id. ¶ 7.
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`55.
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`The Witness Statement was filed in support of ATR’s opposition to being included
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`as a Defendant in the action. Id. ¶ 2.
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`56. Mr. Buompane states that the aircrafts used by Easyfly and Avila were supplied by
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`ATR to Luftwinds with the intent that they would be used by Easyfly. Id. ¶ 11.
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`57.
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`On July 10, 2018, Luftwinds and ATR entered into a Heads of Agreement (“HOA”)
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`for the sale of five ATR-600 series aircraft. Id. ¶ 14.
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`58.
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`The HOA also anticipates ancillary services by ATR to Luftwinds such as training
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`in Miami, US. Id. ¶ 16.
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`59.
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`The livery (exterior markings) on all aircraft sold to Luftwinds are specified by
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`Luftwinds to include the following infringing markings:
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`60.
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`Training using these aircrafts in Miami, FL, US, unless enjoined, will further create
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`and reinforce the confusion already created by the previously described on-line use.
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`E. Damages and injunctive relief are needed and justified to make Plaintiff whole and to
`prevent irreparable harm to the easyGroup Marks.
`
`61.
`
`Defendants’ EASYFLY mark is a counterfeit of easyGroup’s EASYFLY registered
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`mark and is an infringement of easyGroup’s other registered marks such as EASY and EASYJET.
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`62.
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`By using the counterfeit Easyfly mark in the United States, Defendants are causing
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`irreparable harm to the United States EASY, EASYJET and EASYFLY marks as well as to the
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`entire “easy” family of marks.
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`63.
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`The risk of irreparable harm is rendered even more severe due to the fact that air-
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`carriage is viewed by consumers as an industry requiring a high level of safety and technical care.
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`If the pirate airline crashes one of its planes and United States consumers associate the pirate mark
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`with the EASY family of marks it could irreparably and irreversibly undermine goodwill and trust
`
`in the Plaintiff’s marks and services.
`
`64.
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`Plaintiff believes that if Defendants are not enjoined from such conduct, their
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`actions could cause irreparable harm to easyGroup’s reputation and to the valuable goodwill in its
`
`trademarks. Once consumers’ confidence has been lost, it will be impossible to recover their trust.
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`65.
`
`If consumers cannot trust and rely on the authenticity of marketing materials
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`bearing the EASY trademarks, they will choose to send their business elsewhere.
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`66.
`
`easyGroup needs injunctive relief to stop the dilution and infringement of its
`
`famous marks both online and through the flight of branded planes into the United States.
`
`67.
`
`easyGroup has been forced to retain counsel and incur legal fees and costs as a
`
`result of the actions of Defendants.
`
`68.
`
`All conditions precedent to the filing of this action have either been met or have
`
`been waived by the parties.
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`COUNT I
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`DIRECT INFRINGEMENT AND COUNTERFEITING
`OF FEDERALLY REGISTERED TRADEMARK
` Against Skyscanner, Kayak, and Smartfares
`
`69.
`
`Plaintiff readopts and re-alleges all the allegations contained in paragraphs 1
`
`through 68 as if fully recited herein.
`
`70.
`
`This is a claim by Plaintiff for direct infringement and counterfeiting of federally
`
`registered trademarks arising under Section 32 of the Lanham Act, 15 U.S.C. § 1114.
`
`71.
`
`Defendants Skyscanner, Kayak and Smartfares’ activities through direct and
`
`indirect offering of and profiting from travel and airline services in the United States using the
`
`infringing and counterfeit mark EASYFLY, as alleged above, constitutes direct infringement and
`
`counterfeiting of Plaintiff’s trademarks in violation of Section 32 of the Lanham Act, 15 U.S.C. §
`
`1114, all to the substantial and irreparable injury of the public and of Plaintiff’s business reputation
`
`and goodwill.
`
`72.
`
`By such wrongful acts, Defendants Skyscanner, Kayak and Smartfares have caused
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`and, unless restrained by the Court, will continue to cause serious irreparable injury and damage
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`to Plaintiff and to the goodwill associated with their registered marks, including diversion of
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`customers from Plaintiff, lost royalties, lost sales and lost profits, and Defendants will be unjustly
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`enriched.
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`73.
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`Unless enjoined, Defendants will continue their unlawful conduct to the irreparable
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`harm of easyGroup’s trademarks and related goodwill.
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`74.
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`75.
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`Plaintiff has no adequate remedy at law.
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`Defendants’ acts are willful, intentional and egregious and make this an exceptional
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`case within the meaning of 15 U.S.C. § 1117(a).
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`COUNT II
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`CONTRIBUTORY INFRINGEMENT AND COUNTERFEITING
`OF FEDERALLY REGISTERED TRADEMARK
` Against Skyscanner, Kayak, Smartfares, Easyfly and Avila
`
`76.
`
`Plaintiff readopts and re-alleges all the allegations contained in paragraphs 1
`
`through 68 as if fully recited herein.
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`77.
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`This is a claim by Plaintiff for contributory infringement and counterfeiting of
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`federally registered trademarks arising under Section 32 of the Lanham Act, 15 U.S.C. § 1114.
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`78.
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`Defendants’ activities through their intentional inducement, support, facilitation,
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`and encouragement of the direct and indirect offering of and profiting from travel and airline
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`services in the United States using the infringing and counterfeit mark EASYFLY, as alleged
`
`above, constitutes contributory infringement and counterfeiting of Plaintiff’s trademarks in
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`violation of Section 32 of the Lanham Act, 15 U.S.C. § 1114, all to the substantial and irreparable
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`injury of the public and of Plaintiff’s business reputation and goodwill.
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`79.
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`Defendants knew or had reason to know that their activities were aiding and
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`encouraging others to engage in infringement and counterfeiting in the United States but continued
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`in their wrongful actions.
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`80.
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`By such wrongful acts, Defendants have caused and, unless restrained by the Court,
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`will continue to cause serious irreparable injury and damage to Plaintiff and to the goodwill
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`associated with their registered marks, including diversion of customers from Plaintiff, lost
`
`royalties, lost sales and lost profits, and Defendants will be unjustly enriched.
`
`81.
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`Defendants’ acts are willful, intentional and egregious and make this an exceptional
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`case within the meaning of 15 U.S.C. § 1117(a).
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`82.
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`Unless enjoined, Defendants will continue their unlawful conduct to the irreparable
`
`harm of easyGroup’s trademarks and related goodwill.
`
`83.
`
`84.
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`Plaintiff has no adequate remedy at law.
`
`Upon information and belief, Defendant Avila has been the active, moving force
`
`behind the corporate Defendant Easyfly’s infringing conduct, and should be held jointly and
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`severally liable therefor.
`
`COUNT III
`
`FEDERAL UNFAIR COMPETITION
`AND FALSE DESIGNATION OF ORIGIN
`Against Skyscanner, Kayak, Smartfares, Easyfly and Avila
`
`85.
`
`Plaintiff readopts and re-alleges all the allegations contained in paragraphs 1
`
`through 68 as if fully recited herein.
`
`86.
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`This is a claim by Plaintiff for trademark infringement and false designation of
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`origin arising under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
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`87.
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`Defendants’ activities, as alleged, constitute false designation of origin, false
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`representation and false description, all to the substantial and irreparable injury of the public, of
`
`Plaintiff’s trademarks and of Plaintiff’s business reputations and goodwill.
`
`88.
`
`By such wrongful acts, Defendants have caused and, unless restrained by the Court,
`
`will continue to cause serious irreparable injury and damage to Plaintiff and to the goodwill
`
`associated with the Plaintiff’s trademarks, including diversion of customers from Plaintiff, lost
`
`sales and lost profits, and Defendants will be unjustly enriched.
`
`89.
`
`Unless enjoined, Defendants will continue their unlawful conduct to the irreparable
`
`harm of easyGroup’s trademarks and related goodwill.
`
`90.
`
`91.
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`Plaintiff has no adequate remedy at law.
`
`Defendants’ acts are willful, intentional and egregious and make this an exceptional
`
`case within the meaning of 15 U.S.C. § 1117(a).
`
`92.
`
`Upon information and belief, Defendant Avila has been the active, moving force
`
`behind the corporate Defendant Easyfly’s infringing conduct, and should be held jointly and
`
`severally liable therefor.
`
`COUNT IV
`
`TRADEMARK DILUTION, 15 U.S.C. § 1125(C)
`Against Skyscanner, Kayak, Smartfares, Easyfly and Avila
`
`93.
`
`Plaintiff readopts and re-alleges all the allegations contained in paragraphs 1
`
`through 68 as if fully recited herein.
`
`94.
`
`This is a claim by Plaintiff for trademark dilution in violation of 15 U.S.C. §
`
`1125(C).
`
`95.
`
`easyGroup’s EASY and EASYJET marks have become famous and well known in
`
`the U.S. and abroad due to the extensive international use and promotion of the marks.
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`96.
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`The actions of Defendants as described above have diluted the reputation and value
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`of Plaintiff’s well known and famous trademark through their false and misleading advertising and
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`counterfeiting of the easyGroup family of marks in the United States including but not limited to
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`EASYFLY and EASYJET.
`
`97.
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`Defendants, in connection with promotion and advertising of their services and
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`conduct of business, have used in interstate commerce the words, terms, names, symbols or any
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`combinations thereof related to Plaintiff’s famous marks, such use beginning after the marks
`
`became famous.
`
`98.
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`Defendants’ conduct was willfully intended to tarnish the reputation and value of
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`Plaintiff’s famous Mark and to dilute the easyGroup family of marks in the United States including
`
`but not limited to EASYFLY and EASYJET by blurring its distinctiveness.
`
`99.
`
`Defendants’ violations of the Lanham Act have damaged Plaintiff and will continue
`
`to damage Plaintiff unless enjoined by the Court.
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`100.
`
`Plaintiff has suffered monetary damages as a result of Defendants’ unlawful acts in
`
`an amount to be determined at trial.
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`101. Defendants’ intentional acts in furtherance of trademark dilution make this a
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`willful, intentional, egregious and exceptional case within the meaning of 15 U.S.C. § 1117(a).
`
`102. Upon information and belief, Defendant Avila has been the active, moving force
`
`behind the corporate Defendant Easyfly’s infringing conduct, and should be held jointly and
`
`severally liable therefor.
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`COUNT V
`
`CIVIL CONSPIRACY
`Against Skyscanner, Kayak, Smartfares, Easyfly and Avila
`
`103.
`
`Plaintiff readopts and re-alleges all the allegations contained in paragraphs 1
`
`through 68 as if fully recited herein.
`
`104.
`
`This is a count for civil conspiracy under the law of the state of Florida.
`
`105. As alleged more fully above, upon information and belief, Defendants have
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`conspired to directly and contributorily infringe easyGroup marks and to counterfeit easyGroup’s
`
`EASYFLY registered mark and to engage in the other unlawful acts described in the counts of this
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`complaint, or to do lawful acts by unlawful means.
`
`106. Defendants engaged in such wrongful conspiracy with a common design and intent
`
`to violate easyGroup’s trademark rights and to engage in acts of unfair competition.
`
`107. As a direct and proximate result of this conspiracy and the acts done in furtherance
`
`of it, Plaintiff has suffered and will suffer damages in an amount to be calculated at the trial on the
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`matter.
`
`108. Upon information and belief, Defendant Avila has been the active, moving force
`
`behind the corporate Defendant Easyfly’s infringing conduct, and should be held jointly and
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`severally liable therefor.
`
`COUNT VI
`
`COMMON LAW UNFAIR COMPETITION
`Against Skyscanner, Kayak, Smartfares, Easyfly and Avila
`
`109.
`
`Plaintiff readopts and re-alleges all the allegations contained in paragraphs 1
`
`through 68 as if fully recited herein.
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`110.
`
`This is a claim for unfair competition arising under the common law of the state of
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`Florida.
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`111. By their foregoing deceptive and/or fraudulent conduct creating a likelihood of
`
`confusion, each of the Defendants has unfairly competed with Plaintiff and/or contributed to acts
`
`of unfair competition by other Defendants or third parties, all to the substantial and irreparable
`
`injury of the public and of Plaintiff’s business reputations and goodwill.
`
`112. By such wrongful acts, Defendants have caus