Case: 1:20-cv-05719 Document #: 1 Filed: 09/25/20 Page 1 of 23 PageID #:1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`DYSON TECHNOLOGY LIMITED,
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`Plaintiff,
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`v.
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`THE PARTNERSHIPS AND
`UNINCORPORATED ASSOCIATIONS
`IDENTIFIED ON SCHEDULE “A,”
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`Defendants.
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`CIVIL ACTION NO.
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`JURY TRIAL DEMANDED
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` PLAINTIFF’S ORIGINAL COMPLAINT
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`Plaintiff Dyson Technology Limited (“Dyson”), by and through its counsel, Baker McKenzie,
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`hereby brings this Original Complaint against the Partnerships and Unincorporated Associations
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`identified on Schedule A attached hereto (collectively, “Defendants”) and hereby alleges as follows:
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`I.
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`PARTIES
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`1.
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`Plaintiff Dyson Technology Limited is a limited company organized and existing
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`under the laws of the England & Wales with a principal place of business at Tetbury Hill,
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`Malmesbury, Wiltshire, United Kingdom, SN16 0RP. Dyson Technology Limited owns all right,
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`title and interest in and to the Dyson mark and name for use in connection with a range of goods.
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`2.
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`Upon information and belief, Defendants are individuals and business entities who
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`primarily reside in the People’s Republic of China or other foreign jurisdictions. Defendants conduct
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`business throughout the United States, including within the State of Illinois and this Judicial District,
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`through the operation of fully interactive, commercial online marketplaces listed in Schedule A.
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`Each Defendant targets the United States, including Illinois, and has offered to sell, and on
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`information and belief, has sold and continues to sell counterfeit Dyson products to consumers
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`within the United States, including the State of Illinois.
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`3.
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`On information and belief, many of the Defendants are an interrelated group of
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`counterfeiters working in active concert to knowingly and willfully manufacture, import, distribute,
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`offer for sale, and sell products and to provide retail and store services using counterfeit versions of
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`the Dyson trademarks in the same transaction, occurrence, or series of transactions or occurrences.
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`4.
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`Defendants’ true identities are currently unknown because Defendants, in
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`perpetrating their illegal and unauthorized actions, have intentionally hidden their identities and the
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`full scope of their counterfeiting operation. In the event that Defendants provide additional
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`credible information regarding their identities, Dyson will take appropriate steps to amend this
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`Complaint.
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`II.
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`JURISDICTION AND VENUE
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`5.
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`This is an action for trademark infringement and counterfeiting. As set forth below,
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`Defendants’ unlawful actions constitute federal trademark infringement and counterfeiting under
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`Section 32 of the Lanham Act, 15 U.S.C. §1114, false designation of origin under Section 43(a) of
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`the Lanham Act, 15 U.S.C. §1125(a), and violation of the Illinois Uniform Deceptive Trade
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`Practices Act, 815 ILCS § 510, et seq. This Court has original subject matter jurisdiction over the
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`claims in this action pursuant to the provisions of the Lanham Act, 15 U.S.C. §1051, et seq., 28
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`U.S.C. §1338(a)–(b) and 28 U.S.C. §1331.
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`6.
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`Pursuant to 28 U.S.C. § 1367(a), this Court has supplemental jurisdiction over the
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`claims that arise under the laws of the State of Illinois because the state law claims are so related to
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`the federal claims that they form part of the same case or controversy and derive from a common
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`nucleus of operative facts.
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`7.
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`Venue is proper in this district pursuant to 28 U.S.C. §1391, and this Court may
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`exercise personal jurisdiction over Defendants since each of the Defendants directly targets business
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`activities toward consumers in the United States, including Illinois, through at least the online
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`marketplaces as defined and identified in Schedule A attached hereto (collectively, the “Online
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`Stores”). Specifically, Defendants are reaching out to do business with Illinois residents by
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`operating one or more Online Stores through which Illinois residents can purchase products using
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`counterfeit versions of Dyson’s federally registered trademarks. Upon information and belief, each
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`of the Defendants has targeted Illinois residents by operating Online Stores that offer to sell, sell,
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`accept payment in U.S. dollars, and ship products to the United States, including Illinois, that
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`use counterfeit versions of Dyson’s federally registered trademarks. Each of the Defendants is, thus,
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`committing tortious acts in Illinois, is engaging in interstate commerce, and has wrongfully caused
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`Dyson substantial injury in the State of Illinois.
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`III.
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`FACTUAL BACKGROUND
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`8.
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`Like many other luxury goods manufacturers, Dyson has been battling the
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`manufacture, importation, distribution, offering for sale and sale of counterfeit Dyson goods
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`throughout the globe. In recent years, this problem has increased exponentially with infringements
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`occurring through online marketplaces and websites. This action therefore has been filed by Dyson
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`to stop the online sale of unauthorized and unlicensed counterfeit hair care products using Dyson’s
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`federally registered trademarks (the “Counterfeit Products”). The sellers of these Counterfeit
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`Products are trading on Dyson’s goodwill and reputation by offering for sale and/or selling goods
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`bearing Dyson’s federally registered trademarks, including DYSON, AIRWRAP, SUPERSONIC,
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`and/or other DYSON-formative marks.
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`9.
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`Upon information and belief, Defendants create the Online Stores and design them
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`to appear to be selling genuine Dyson branded products, while actually infringing Dyson’s
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`trademarks and selling Counterfeit Dyson Products to unknowing consumers. The Online Stores
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`have common features or other identifying elements, such as design elements and similarities of the
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`Counterfeit Products offered for sale, establishing a logical relationship between them and
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`suggesting that Defendants’ counterfeiting operation arises out of the same transaction, occurrence,
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`or series of transactions or occurrences. Defendants further attempt to avoid liability by going to
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`great lengths to conceal both their identities and the full scope and interworking of their
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`counterfeiting operation. Defendants have and continue to willfully and maliciously advertise, offer
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`for sale, and sell counterfeit Dyson products. Dyson is forced to file this action to combat
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`Defendants’ counterfeiting of its registered trademarks, as well as to protect unknowing consumers
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`from purchasing Counterfeit Products over the Internet. Dyson has been and continues to be
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`irreparably damaged through consumer confusion, dilution, and tarnishment of its valuable
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`trademarks, goodwill and reputation as a result of Defendants’ actions and seeks injunctive and
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`monetary relief.
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`10.
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`In particular, Dyson is a world-famous technology company that designs,
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`manufactures and distributes hair care products (such as hair dryers and hair stylers), among other technological
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`goods, worldwide. Dyson was founded in the United Kingdom in 1991. Today, Dyson machines can
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`be purchased in over 65 countries around the world.
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`11.
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`Dyson’s timeless designs, and in particular Dyson's hair care products, are recognized
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`worldwide by the trademarks DYSON, AIRWRAP, SUPERSONIC, and/or other DYSON-
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`formative marks. In fact, Dyson products always include at least one of Dyson's federally-registered
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`trademarks.
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`12.
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`Dyson has been using the DYSON and DYSON-formative trademarks in commerce
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`on and in connection with home technology products continuously and consistently for decades.
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`Since at least as early as 31 January 2002, Dyson (or one of its group companies) has prominently
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`and extensively marketed, advertised, and promoted its DYSON brand technology throughout the
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`United States. DYSON brand hair care devices have been prominently and extensively marketed,
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`advertised, and promoted throughout the United States at least as early as 2016.
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`13.
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`Dyson is the owner of the following federal trademark registrations, among
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`others, (collectively the “DYSON Trademarks”):
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`Trademark
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`Registration No.
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`AIRWRAP
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`5,668,383
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`Goods
`Hair styling apparatus, namely,
`electric irons for styling hair;
`electrical appliances for styling
`hair, namely, electric hand-held
`hair styling irons; apparatus
`and devices for curling hair,
`namely, non-electric hair
`curling irons; electric hair
`curling irons; electric hair
`straightening irons; electric
`hair crimper; electric apparatus
`for hair cutting, namely, hair
`cutting scissors; electric
`apparatus for hair trimming
`namely, hair trimmers; heated
`electric hair curling irons; hair
`curling tongs; interchangeable
`styling attachments being parts
`for all the aforesaid goods;
`cases, boxes and bags
`specifically adapted for holding
`the above mentioned goods;
`parts for all the aforesaid
`goods; Electric hair dryers; hair
`dryers; cases, boxes and bags
`specially adapted for all the
`aforesaid goods; parts for the
`aforesaid goods; Hair brushes;
`electric hair brushes; electric
`rotating hair brushes; electric
`heated hair brushes; hot air hair
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`DYSON
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`5,075,285
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`5,125,976
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`5,088,678
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`5,088,677
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`brushes; combs; large-toothed
`combs for the hair; electric
`combs; cases, boxes and bags
`specially adapted for all the
`aforesaid goods; parts for all
`the aforesaid goods
`Electrical irons for styling hair;
`electric hair curling irons;
`electric hair straightening irons;
`electric hair crimpers, cutters,
`straighteners, and trimmers; and
`cases, parts, and fittings for all
`the aforesaid goods
`Electrical appliances for styling
`hair, namely, electric hair curling
`irons; electric hair straightening
`irons; electric hair crimper, hair
`cutting scissors, electric hair
`trimmers, electric irons for
`styling hair; cases specially
`adapted for holding or carrying
`the aforesaid electric hair
`appliances, parts and fittings for
`all the aforesaid goods
`Toiletries for care and cleaning
`of hair; hair spray; hair lotions;
`hair straightening preparations;
`hair conditioners; hair waving
`and hair setting preparations;
`hair mousse; hair styling and
`molding preparations; hair gel;
`hair wax; neutralizers for
`permanent waving; hair curling
`preparations; hair texturizers;
`sunscreen preparations; sun-
`tanning preparations
`Sanitary installation wash hand
`basins; sinks; taps; faucets;
`water heaters; water filtering
`apparatus; water purifying
`apparatus; water mineralizers
`in the nature of an apparatus
`for adding minerals to water;
`electric kettles; microwave
`ovens; electric toasters; electric
`coffee makers; electric
`espresso machines; electric hair
`dryers; air cooling apparatus;
`air conditioning apparatus; air
`conditioners; air conditioners
`for vehicles; air sterilizers; air
`purifiers; electric air
`deodorizers; electric dispensing
`units for air fresheners; electric
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`dispensers for air freshener;
`electric air filters for domestic
`use; humidifiers;
`dehumidifiers; extractor fans;
`extractor hoods; heat
`exchangers not being part of a
`machine; electric space heaters;
`electric radiant heaters for
`household purposes; heating
`apparatus for vehicles; floor
`heating apparatus; electric
`heaters having combined
`heating and cooling
`capabilities; electric air
`curtains for forming an air
`barrier between spaces; air
`washers for purifying and
`humidifying air; electric
`window fans; ventilation air-
`conditioning installations for
`vehicles; air filters, being parts
`of household or industrial
`installations; lighting
`apparatus, namely, lighting
`installations; electric lighting
`fixtures; ceiling lights; desk
`lights; floor lights; spotlights;
`uplighters; downlighters;
`lamps; led lighting fixtures;
`lanterns for lighting; reflectors,
`diffusers and lenses for lights
`and lamps; light bulbs; led light
`bulbs; parts and fittings for the
`aforesaid goods
`Electric rotary hair brushes;
`electric hot styling brushes;
`electric toothbrushes; soap
`dispensers; hair brushes; parts
`and fittings for the aforesaid
`goods
`Wash hand basins, which are part
`of sanitary installations; sinks;
`taps; faucets; water filtering
`apparatus; water purifying
`apparatus; water mineralizers in
`the nature of an apparatus for
`adding minerals to water; electric
`kettles; microwave ovens;
`toasters; electric coffee makers;
`espresso machines; hair dryers;
`air conditioning apparatus; air
`conditioners; air conditioners for
`vehicles; dispensing units for air
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`5,088,676
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`DYSON
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`5,126,071
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`fresheners; electric dispensers for
`air freshener; extractor hoods; air
`curtains, namely, mounted
`electric fans used to separate
`temperature zones with an
`invisible curtain of air; air
`washers for purifying and
`humidifying air; ventilation air-
`conditioning installations for
`vehicles; air filters, being parts of
`household or industrial
`installations; lighting apparatus,
`namely, lighting installations;
`electric lighting fixtures; ceiling
`lights; desk lights; floor lights;
`spotlights; uplighters;
`downlighters; lamps; led lighting
`apparatus; lanterns for lighting;
`reflectors, diffusers and lenses
`for lights and lamps; light bulbs;
`led light bulbs; parts and fittings
`for the aforesaid goods
`Electric rotary hair brushes;
`electric hot styling brushes;
`electric toothbrushes; soap
`dispensers; hair brushes; parts
`and fittings for the aforesaid
`goods
`Hair care preparations; hair
`cleaning preparations; hair
`shampoo; hair spray; hair lotions;
`hair straightening preparations;
`hair conditioners; hair waving
`and hair setting preparations; hair
`mousse; hair styling and molding
`products; hair gel; hair wax;
`neutralizers for permanent
`waving, namely, neutralizing
`gels and creams for permanent
`hair waving; hair curling
`preparations; hair texturizers;
`sunscreen preparations; sun-
`tanning preparations
`Installation of household
`appliances; installation of
`vacuum cleaners and other
`cleaning apparatus; installation
`of hand drying apparatus;
`installation, maintenance, service
`and repair of air conditioning
`apparatus, purifiers, humidifiers,
`ceiling fans and hair dryers;
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`DYSON
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`5,126,070
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`DYSON
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`5,126,069
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`5,139,202
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`installation of fans and fan
`heaters; installation,
`maintenance, servicing and
`repair of lighting apparatus and
`installations; rental and leasing
`of hand dryers
`Installation of household
`appliances; installation of
`vacuum cleaners and other
`cleaning apparatus; installation
`of hand drying apparatus;
`installation, maintenance, service
`and repair of air conditioning
`apparatus, purifiers, humidifiers,
`ceiling fans and hair dryers;
`installation of fans and fan
`heaters; installation,
`maintenance, servicing and
`repair of lighting apparatus and
`installations; rental and leasing
`of hand dryers
`Hard floor cleaning machines;
`handheld vacuum cleaners; stick
`vacuum cleaners; cordless
`vacuum cleaners; robotic vacuum
`cleaners; parts and fittings for all
`the aforesaid goods; Batteries,
`electric batteries, rechargeable
`electric batteries, and battery
`chargers, all for cordless vacuum
`cleaners; parts and fittings for the
`aforesaid goods; electric hand
`dryers; electric hand drying
`machine for washrooms; electric
`hand and face dryers; air
`conditioning apparatus; air
`conditioners; electric free-
`standing fans; air cooling
`apparatus; air purifying
`apparatus; filters, being parts of
`household or industrial
`installations, namely, water
`filters and air filters; parts and
`fittings for the aforesaid goods ;
`toy cleaning kits, namely, toy
`vacuum cleaners; maintenance,
`servicing and repair of household
`appliances, namely, vacuum
`cleaners and other floor cleaning
`appliances; maintenance,
`servicing and repair of hand
`drying apparatus
`Hair styling apparatus, namely,
`electric irons for styling hair;
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`DYSON
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`5,139,203
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`DYSON
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`4,020,756
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`5,668,385
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`electrical appliances for styling
`hair, namely, electric hand-held
`hair styling irons; apparatus and
`devices for curling hair, namely,
`non-electric hair curling irons;
`electric hair curling irons;
`electric hair straightening irons;
`electric hair crimper; electric
`apparatus for hair cutting,
`namely, hair cutting scissors;
`electric apparatus for hair
`trimming namely, hair trimmers;
`heated electric hair curling irons;
`hair curling tongs;
`interchangeable styling
`attachments being parts for all
`the aforesaid goods; cases, boxes
`and bags specifically adapted for
`holding the above mentioned
`goods; parts for all the aforesaid
`goods; Electric hair dryers; hair
`dryers; cases, boxes and bags
`specially adapted for all the
`aforesaid goods; parts for the
`aforesaid goods; Hair brushes;
`electric hair brushes; electric
`rotating hair brushes; electric
`heated hair brushes; hot air hair
`brushes; combs; large-toothed
`combs for the hair; electric
`combs; cases, boxes and bags
`specially adapted for all the
`aforesaid goods; parts for all the
`aforesaid goods
`Hair styling apparatus, namely,
`electric irons for styling hair;
`electrical appliances for styling
`hair, namely, electric hand-held
`hair styling irons; apparatus and
`devices for curling hair, namely,
`non-electric hair curling irons;
`electric hair curling irons;
`electric hair straightening irons;
`electric hair crimper; electric
`apparatus for hair cutting,
`namely, hair cutting scissors;
`electric apparatus for hair
`trimming namely, hair trimmers;
`heated electric hair curling irons;
`hair curling tongs;
`interchangeable styling
`attachments being parts for all
`the aforesaid goods; cases, boxes
`and bags specifically adapted for
`
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`DYSON AIRWRAP
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`5,668,384
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`holding the above mentioned
`goods; parts for all the aforesaid
`goods; Electric hair dryers; hair
`dryers; cases, boxes and bags
`specially adapted for all the
`aforesaid goods; parts for the
`aforesaid goods; Hair brushes;
`electric hair brushes; electric
`rotating hair brushes; electric
`heated hair brushes; hot air hair
`brushes; combs; large-toothed
`combs for the hair; electric
`combs; cases, boxes and bags
`specially adapted for all the
`aforesaid goods; parts for all the
`aforesaid goods
`Electrical appliances for styling
`hair, namely, electric hand-held
`hair styling irons; electric irons
`for styling hair; electrical
`appliances for curling hair,
`namely, electric hand-held hair
`curling irons; curling irons;
`curling tongs; straightening
`irons, namely, flat irons; electric
`hair curling irons; electric hair
`straightening irons; electric hair
`curlers in the nature of hand
`implements; electric hair
`crimper; electric hair cutters;
`electric hair trimmers; hair
`styling attachments designed
`exclusively for use with for all
`the aforesaid goods; cases, boxes
`and bags specially adapted for all
`for the aforesaid goods; parts,
`fittings and accessories all for the
`aforesaid goods
`Hair dryers; cases specially
`adapted for hair dryers;
`accessories for hair dryers,
`namely, diffusers, smoothing
`nozzles, and concentrator
`nozzles; parts and fittings all for
`hair dryers
`Hair dryers; cases specially
`adapted for hair dryers;
`accessories for hair dryers,
`namely, diffusers, smoothing
`nozzles, and concentrator
`nozzles; parts and fittings all for
`hair dryers
`
`
`DYSON CORRALE
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`6,130,385
`
`
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`5,348,163
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`DYSON
`SUPERSONIC
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`5,215,714
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`SUPERSONIC
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`5,215,713
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`Hair dryers; cases specially
`adapted for hair dryers;
`accessories for hair dryers,
`namely, diffusers, smoothing
`nozzles, and concentrator
`nozzles; parts and fittings all for
`hair dryers
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`14.
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`The above-listed registrations for the DYSON Trademarks are valid, subsisting, and
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`in full force and effect. Moreover, many are incontestable pursuant to 15 U.S.C. § 1065, and serve
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`as prima facie evidence of the validity of the registrations, Dyson’s ownership of the DYSON
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`Trademarks, and of Dyson’s exclusive right to use the DYSON Trademarks in commerce on or in
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`connection with all of the goods identified in the registrations pursuant to 15 U.S.C. § 1057(b) and
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`§ 1115(a). Furthermore, the registrations are constructive notice of Dyson’s claim of ownership of
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`the DYSON Trademarks pursuant to 15 U.S.C. § 1072. True and correct copies of the United States
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`Registration Certificates for the above-listed DYSON Trademarks are attached hereto as Exhibit 1.
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`15.
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`The DYSON Trademarks are exclusive to Dyson and are displayed extensively on or
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`in close connection with Dyson products, Dyson packaging, and in Dyson’s marketing and
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`promotional materials. Dyson products have long been popular around the world and have been
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`extensively promoted at significant annual expense. Dyson products have also been the subject of
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`extensive unsolicited publicity resulting from their high-quality, innovative designs and renown as
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`desired luxury items. Dyson products have been featured in leading publications and newspapers in
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`the United States and elsewhere around the globe. Because of these and other factors, the Dyson
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`brand and the DYSON Trademarks have become famous throughout the United States.
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`16.
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`To maintain the prestige of the Dyson brand and DYSON Trademarks and to ensure
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`that consumers receive the type of attention commensurate with Dyson’s reputation for luxury and
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`quality products, Dyson authorizes its hair care devices other products to be sold exclusively
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`through Dyson’s network of authorized retailers around the world, as well as online at
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`https://www.dyson.com/en. In the United States, only technology purchased from Dyson or
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`through an authorized retailer are accompanied by a valid Dyson warranty/guarantee.
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`17.
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`Dyson operates social media accounts to promote and advertise its products,
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`including Facebook, Twitter, and Instagram. Dyson’s Instagram account, @Dyson, has over
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`440,000 followers, and its @Dysonhair account has over 953,000 followers. Dyson's Facebook
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`account has over 2,000,000 followers, and its Twitter account has over 71,000 followers. The
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`recognition of the Dyson brand and DYSON Trademarks among the public at large is enhanced not
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`only by Dyson’s own extensive advertising efforts and select distribution, but also by press coverage
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`of DYSON, as well as the coverage of Dyson on social media platforms by influencers and
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`celebrities. Such press coverage reaches millions of consumers.
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`18.
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`As the result of Dyson’s exclusive and extensive use of the DYSON Trademarks,
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`Dyson is recognized as the source of any products bearing one or more of the DYSON Trademarks.
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`Due to the worldwide public acceptance, overwhelming fame, and great recognition of products
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`bearing or sold under the DYSON Trademarks, these trademarks have come to represent an
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`enormous amount of goodwill for Dyson and have caused goods bearing the DYSON Trademarks—
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`even unauthorized goods—to be in great demand.
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`19.
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`Dyson, however, has gone to great lengths to protect its name and enforce the
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`DYSON Trademarks. Dyson actively seeks to protect and enforce its intellectual property rights by
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`working with industry associations, anti-counterfeiting organizations, private investigators and law
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`enforcement authorities, including customs authorities in the United States and internationally.
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`Through those efforts, Dyson has discovered hundreds, if not thousands, of Counterfeit Products
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`being sold over the Internet. Indeed, Dyson has seen unauthorized use of one or more of the DYSON
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`Trademarks rise dramatically through the proliferation of online stores, such as those listed on
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`Schedule A.
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`20.
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`Commercial Internet stores, like the Defendants’ Online Stores, are estimated to
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`receive tens of millions of visits per year and to generate over $135 billion in annual online sales.
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`Internet websites like the Defendants’ Online Stores are also estimated to annually contribute to
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`tens of thousands of lost jobs for legitimate businesses and broader economic damages such as lost
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`tax revenue.
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`21.
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`Here, Defendants facilitate sales by designing the Online Stores so that they appear
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`to unknowing consumers to be authorized online retailers, outlet stores, or wholesalers. Specifically,
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`each of the Online Stores operated by Defendants use one or more of the DYSON Trademarks
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`without authorization on or in connection with the sales of products that are not genuine Dyson
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`products. For example, the Defendants use the trademarks DYSON, SUPERSONIC, AIRWRAP,
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`or other of the DYSON Trademarks for the purpose of confusing consumers into believing that they
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`are purchasing a genuine Dyson product, when that is not the case. Defendants’ Online Stores also
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`appear legitimate and accept payment in, among others, U.S. dollars via major credit cards, Alipay,
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`Western Union, and PayPal. Defendants further perpetuate the illusion of legitimacy by offering
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`customer service and using indicia of authenticity and security that consumers have come to
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`associate with authorized retailers, including the Visa®, MasterCard®, Discover®, American
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`Express®, and/or PayPal® logos. To be clear, Dyson has not licensed or authorized Defendants to
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`use any of the DYSON Trademarks, and none of the Defendants are authorized retailers of genuine
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`Dyson products. Thus, Defendants are using trademarks owned by Dyson without authorization and
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`creating confusion about the source of the Counterfeit Products being sold through the Online
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`Stores.
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`22.
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`Many of the Defendants also deceive unknowing consumers by using the DYSON
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`Trademarks without authorization within the content, text, and/or meta tags of their online
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`marketplaces in order to attract various search engines crawling the Internet looking for sites
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`relevant to consumer searches for Dyson products. Additionally, upon information and belief,
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`Defendants use other unauthorized search engine optimization (SEO) tactics and social media
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`spamming so that the Online Stores listings show up at or near the top of relevant search results and
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`misdirect consumers searching for genuine Dyson products. Other Defendants only show the Dyson
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`products in product images while using strategic item titles and descriptions that will trigger their
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`listings when consumers are searching for Dyson products.
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`23.
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`As further evidence of their illegal activity, Defendants go to great lengths to conceal
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`their identities and often use multiple fictitious names and addresses to register and operate their
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`network of Online Stores. On information and belief, Defendants regularly create new websites and
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`online marketplace accounts on various platforms using the identities listed in Schedule A to the
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`Complaint, as well as other unknown fictitious names. Such registration patterns are one of many
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`common tactics used by the Defendants (and counterfeit distributors generally) to conceal their
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`identities, the full scope and interworking of their counterfeiting operation, and to avoid being shut
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`down.
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`24.
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`Even though Defendants operate under multiple fictitious names, there are numerous
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`similarities among the Online Stores. For example, Counterfeit Products for sale in the Online Stores
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`bear similar irregularities and indicia of being counterfeit to one another, suggesting that the
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`Counterfeit Products were manufactured by and come from a common source and that Defendants
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`are interrelated. The Online Stores also include other notable common features, including use of the
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`same shopping cart platforms, accepted payment methods, check-out methods, meta data,
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`illegitimate SEO tactics, HTML user-defined variables, lack of contact information, identically or
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`similarly priced items and volume sales discounts, the same incorrect grammar and misspellings,
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`similar hosting services, similar name servers, and the use of the same text and images, including
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`content copied from Dyson’s official website, www.Dyson.com.
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`25.
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`In addition to operating under multiple fictitious names, Defendants in this case and
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`defendants in other similar cases against online counterfeiters use a variety of other common tactics
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`to evade enforcement efforts. For example, counterfeiters like Defendants will often register new
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`online marketplace accounts under new aliases.
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`26.
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`Further, counterfeiters such as Defendants typically operate multiple credit card
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`merchant accounts and PayPal accounts behind layers of payment gateways so that they can
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`continue operation in spite of enforcement efforts by brand owners, such as Dyson. On information
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`and belief, Defendants maintain off-shore bank accounts and regularly move funds from their PayPal
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`accounts or other financial accounts to off-shore bank accounts outside the jurisdiction of this Court.
`
`27.
`
`Defendants, without any authorization or license from Dyson, have knowingly and
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`willfully used and continue to use the DYSON Trademarks in connection with the advertisement,
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`distribution, offering for sale, and sale of Counterfeit Products into the United States and Illinois
`
`over the Internet. Each Defendant Online Store offers shipping to the United States, including
`
`Illinois, and, on information and belief, each Defendant has sold Counterfeit Products into the
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`United States, including Illinois.
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`28.
`
`Defendants’ use of the DYSON Trademarks in connection with the advertising,
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`distribution, offering for sale, and sale of counterfeit Dyson products, including the sale of
`
`counterfeit Dyson products into the United States, including Illinois, is likely to cause and has
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`caused confusion, mistake, and deception by and among consumers and is irreparably harming
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`Dyson.
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`
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`IV. CAUSES OF ACTION
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`COUNT ONE – TRADEMARK INFRINGEMENT (15 U.S.C. §1114)
`
`29.
`
`Dyson incorporates by reference paragraphs 1 through 28 as if fully set forth
`
`herein.
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`30.
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`Dyson is the exclusive owner of the DYSON Trademarks. Dyson’s federal
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`registrations are active, valid, and in full force and effect.
`
`31.
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`Defendants, without Dyson’s authorization, have used and continue to use in
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`commerce counterfeit imitations of the federally registered DYSON Trademarks in connection with
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`the sale, offering for sale, distribution, and/or advertising of counterfeit hair care technology bearing
`
`one or more of the DYSON Trademarks.
`
`32.
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`Defendants’ infringing activities are likely to cause and actually are causing
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`confusion, mistake, or deception among customers, potential customers, and/or the public as to the
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`origin, sponsorship, or approval of the Counterfeit Products. Consumers are likely to be misled into
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`believing that the Online Stores and sale of products bearing the DYSON Trademarks are licensed,
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`sponsored, or otherwise approved by Dyson.
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`33.
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`Upon information and belief, Defendants were on both actual and constructive notice
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`of Dyson’s exclusive rights in the registered DYSON Tra