CASE 0:21-cv-00396-ECT-BRT Doc. 1 Filed 02/11/21 Page 1 of 21
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MINNESOTA
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`Civil Action No. 21-cv00396
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`JURY DEMANDED
`
`§
`§
`§
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`§§
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`
`§
`§
`§
`§
`§
`§
`§
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`NATCO PHARMA LTD.,
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`Plaintiff,
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`v.
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`JOHN DOE, a seller on the online
`marketplace TradeIndia.com,
`
` Defendant.
`
`COMPLAINT
`
`Plaintiff Natco Pharma Ltd. (“Plaintiff” or “Natco”) for its Complaint against
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`Defendant John Doe (“Defendant” or “Doe”), a seller on at least the online marketplace
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`TradeIndia.com, alleges as follows:
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`1.
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`This is an action for permanent injunctive relief, damages, and further relief
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`based on Defendant’s false advertising and unfair competition in violation of Section
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`43(a) of the Lanham Act, 15 U.S.C. § 1125.
`
`PARTIES
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`2.
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`Plaintiff Natco Pharma Ltd. is a corporation organized and existing under
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`the laws of India and having a principal place of business at Natco House, Road No. 2,
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`Banjara Hills, Hyderabad – 500034, Telangana, India. Plaintiff is a leading innovator,
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`manufacturer, and marketer of pharmaceutical products, and it distributes its products
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`throughout the world, including in the United States and in Minnesota.
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MINNESOTA
`
`Civil Action No. 21-cv00396
`
`JURY DEMANDED
`
`§
`§
`§
`
`§§
`
`
`§
`§
`§
`§
`§
`§
`§
`
`NATCO PHARMA LTD.,
`
`Plaintiff,
`
`v.
`
`JOHN DOE, a seller on the online
`marketplace TradeIndia.com,
`
` Defendant.
`
`COMPLAINT
`
`Plaintiff Natco Pharma Ltd. (“Plaintiff” or “Natco”) for its Complaint against
`
`Defendant John Doe (“Defendant” or “Doe”), a seller on at least the online marketplace
`
`TradeIndia.com, alleges as follows:
`
`1.
`
`This is an action for permanent injunctive relief, damages, and further relief
`
`based on Defendant’s false advertising and unfair competition in violation of Section
`
`43(a) of the Lanham Act, 15 U.S.C. § 1125.
`
`PARTIES
`
`2.
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`Plaintiff Natco Pharma Ltd. is a corporation organized and existing under
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`the laws of India and having a principal place of business at Natco House, Road No. 2,
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`Banjara Hills, Hyderabad – 500034, Telangana, India. Plaintiff is a leading innovator,
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`manufacturer, and marketer of pharmaceutical products, and it distributes its products
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`throughout the world, including in the United States and in Minnesota.
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`
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`CASE 0:21-cv-00396-ECT-BRT Doc. 1 Filed 02/11/21 Page 2 of 21
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`3.
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`Defendant John Doe, upon information and belief, is doing business and
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`has done business in Minnesota and elsewhere, selling and offering for sale a variety of
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`products, including unauthorized prescription drug products under Natco’s name, on at
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`least the online marketplace TradeIndia.com.
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`4.
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`TradeIndia.com describes itself as “India’s Best Sourcing Marketplace.”
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`Products for sale on TradeIndia.com are available for purchase in the United States,
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`including within the State of Minnesota. Upon information and belief, Defendant John
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`Doe is doing business and has done business in interstate commerce over the Internet, is
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`accepting payments online, and is involved in selling infringing products to Minnesota
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`residents, offering to sell infringing products to Minnesota residents, and shipping
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`infringing products to Minnesota residents. Upon information and belief, Defendant has
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`availed itself of the privilege of regularly transacting business with Minnesota residents,
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`businesses, and individuals.
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`5.
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`Natco has not been able to obtain the identity of Defendant John Doe
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`despite its reasonable efforts.
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`6.
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`Plaintiff contacted TradeIndia.com in an attempt to obtain the identity of
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`Defendant John Doe. TradeIndia.com provided the IP addresses 139.59.25.86 and
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`139.59.17.146 in connection with the storefront associated with Defendant John Doe.
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`These IP addresses are operated by third party DigitalOcean, LLC, 101 Avenue of the
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`Americas, 10th Floor New York, NY 10013 (“DigitalOcean”).
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`7.
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`On October 5, 2020, Natco filed a Request for Identity of Infringers against
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`DigitalOcean pursuant to 17 U.S.C. § 512 in the United States District Court for the
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`2
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`CASE 0:21-cv-00396-ECT-BRT Doc. 1 Filed 02/11/21 Page 3 of 21
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`District of Minnesota. That Action is styled Natco Pharma Ltd. v. DigitalOcean, LLC,
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`Civil Action No. 20-mc-70 (D. Minn. filed October 5, 2020). Pursuant to subpoenas
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`issued in that Action, DigitalOcean stated that the IP addresses 139.59.25.86 and
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`139.59.17.146 were assigned to a virtual private network (“VPN”) service, Psiphon Inc.,
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`which is located at 583 Church Street, Toronto, Ontario Canada, M4Y 2E4 (“Psiphon”).
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`Upon information and belief, third party Psiphon is in possession of the identity of
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`Defendant John Doe. Psiphon’s privacy policy states it does not share user-specific data
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`with third parties, necessitating the use of formal discovery to obtain such information.
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`NATURE OF ACTION AND JURISDICTION
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`8.
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`This is an action for false advertising and unfair competition arising under
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`the Trademark Act of 1946, as amended, 15 U.S.C. § 1051 et seq. (“Lanham Act”).
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`9.
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`This Court has federal question subject matter jurisdiction over the claims
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`pursuant to 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331, 1338(a), and 1338(b).
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`10.
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`Personal jurisdiction over Defendant is proper in the District of Minnesota
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`at least by virtue of the state longarm statute and Fed. R. Civ. P. 4(l) because, upon
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`information and belief, Defendant conducts and has conducted business in this District
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`via the online marketplace TradeIndia.com. Through at least that Internet website and
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`online marketplace, upon information and belief, Defendant has marketed, offered to sell,
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`and sold the accused products to residents of Minnesota. Defendant has purposefully
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`directed its activities at Plaintiff, and the conduct of Defendant has caused and continues
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`to cause harm and injury to Plaintiff in Minnesota and elsewhere.
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`11. Venue is proper in this District under 28 U.S.C. §§ 1391(b) and 1391(c)(3).
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`3
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`CASE 0:21-cv-00396-ECT-BRT Doc. 1 Filed 02/11/21 Page 4 of 21
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`BACKGROUND
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`12. Natco is a leading pharmaceutical company engaged in developing,
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`manufacturing and marketing a wide variety of innovative pharmaceutical products.
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`Natco markets and distributes its pharmaceutical products in over 40 countries around the
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`world, including the United States, India, and Europe. Natco primarily focuses on niche
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`therapeutic areas and complex pharmaceutical products.
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`13. One area of focus is oncology. Natco develops, manufactures, and markets
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`a wide variety of oncology formulations, including pharmaceuticals for haemato-
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`oncology and solid tumors. Natco’s oncology formulations are of decisive therapeutic
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`importance in treating cancers of the blood, liver, kidney, lung, brain, breast, and ovary,
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`among others. Examples of Natco’s oncology formulations include, among others,
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`Alphalan, Rasburnat, and Azacitidine. See https://www.natcopharma.co.in/our-
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`business/domestic-formulations/oncology/.
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`14. Companies that sell and distribute pharmaceuticals in the United States are
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`required to abide by certain requirements the U.S. Food and Drug Administration
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`(“FDA”) imposes, including registering the company with the FDA and adhering to
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`approval and labeling requirements.
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`15. A version of Natco’s Azacitidine formulation, in addition to numerous
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`other of its oncology formulations, are approved for sale in the United States by the FDA.
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`Natco’s Alphalan and Rasburnat oncology formulations are not approved by the FDA for
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`sale in the United States, but they are approved by the governing regulatory bodies in the
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`countries in which these formulations are authorized for sale, including India.
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`4
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`CASE 0:21-cv-00396-ECT-BRT Doc. 1 Filed 02/11/21 Page 5 of 21
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`16. Natco’s oncology formulations are prescription pharmaceutical products
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`and are only available to customers with the prescription of an appropriately licensed
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`health professional.
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`DEFENDANT’S UNLAWFUL ACTIVITIES
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`17. Defendant is not sponsored by or affiliated with Natco.
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`18. Defendant has impersonated Natco and offered unauthorized Natco
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`prescription drug products for sale on the online marketplace TradeIndia.com. Natco does
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`not sell prescription drug products, or any products, on TradeIndia.com.
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`19.
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`In its commercial advertising and promotion, Defendant has stated and
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`implied to customers and others that its TradeIndia.com storefront is sponsored by and/or
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`affiliated with Natco, and that the products offered for sale and/or sold on Defendant’s
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`TradeIndia.com storefront are actually offered for sale and/or sold directly by Natco.
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`20. Defendant has impersonated Natco by creating a false storefront on
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`TradeIndia.com. Defendant’s storefront is not authorized by Natco or affiliated with
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`Natco. Upon information and belief, Defendant created false TradeIndia.com “Seller
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`Profiles” at the following links: https://www.tradeindia.com/Seller-6530100-Natco-
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`Pharma-Ltd-/ and https://www.tradeindia.com/Seller-24914124-Natco/product-
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`services.html.
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`21.
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`Screenshots of Defendant’s TradeIndia.com storefront are set forth below:
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`5
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`CASE 0:21-cv-00396-ECT-BRT Doc. 1 Filed 02/11/21 Page 6 of 21
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`22. A website printout of Defendant’s “Seller Profile” shown in the screenshots
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`above is attached hereto as Exhibit A.
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`23. Defendant has made material false statements about the origin and/or
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`sponsorship of its TradeIndia.com storefront and the goods sold thereon. Defendant
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`falsely stated that the storefront is sponsored by Natco by using Natco’s name and
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`corporate description in the “Seller Profile” as shown in the screenshot below:
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`6
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`CASE 0:21-cv-00396-ECT-BRT Doc. 1 Filed 02/11/21 Page 7 of 21
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`c
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`c
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`Defendant falsely identified the location of Natco as Delhi, when in fact Natco is located
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`in Hyderabad, India. Defendant also falsely stated that Natco is the “supplier company”
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`for the products for sale on its TradeIndia.com storefront; that Natco is one of the “top
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`suppliers” and “leading sellers” of the listed products; and that Natco is a “verified seller”
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`on the TradeIndia.com marketplace as shown in the screenshot below:
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`24.
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`These statements are false. Plaintiff Natco Pharma Ltd. in not a verified
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`seller on TradeIndia.com, nor has Plaintiff granted Defendant permission or otherwise
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`authorized Defendant to sell Natco products on TradeIndia.com.
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`25. Defendant has offered for sale and sold numerous Natco products from its
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`unauthorized TradeIndia.com storefront, including, for example, Natco’s Azacitidine,
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`Rasburnat, and Alphalan oncology formulations used in treating various types of cancer.
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`26. Defendant has offered for sale and sold Natco’s Azacitidine formulation on
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`its unauthorized TradeIndia.com storefront. Defendant’s unauthorized sales page for the
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`7
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`CASE 0:21-cv-00396-ECT-BRT Doc. 1 Filed 02/11/21 Page 8 of 21
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`Azacitidine formulation can be found at the following link:
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`https://www.tradeindia.com/fp3395837/Azacitidine.html.
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`27.
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`Screenshots of the Azacitidine formulation listed on Defendant’s
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`unauthorized TradeIndia.com storefront are set forth below:
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`28. A website printout of Defendant’s unauthorized sales page for the
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`Azacitidine formulation on TradeIndia.com shown in the screenshots above is attached
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`hereto as Exhibit B.
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`8
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`CASE 0:21-cv-00396-ECT-BRT Doc. 1 Filed 02/11/21 Page 9 of 21
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`29. Defendant has made material false statements about Defendant’s product
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`offerings. Defendant’s unauthorized sales page stated that the Azacitidine formulation is
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`“Offered By Natco Pharma Ltd.” and listed the seller as “Natco Pharma Ltd.” as shown
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`in the screenshot below:
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`c
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`30.
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`These statements are false. Plaintiff Natco Pharma Ltd. is not the seller of
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`the Azacitidine formulation listed on TradeIndia.com, nor has Plaintiff granted Defendant
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`permission or otherwise authorized Defendant to sell the Azacitidine formulation on
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`TradeIndia.com.
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`31. Defendant copied the product photograph used in its unauthorized
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`Azacitidine listing from Natco’s website. Natco owns copyrights in the photographs on
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`its website, including the Azacitidine photo used in Defendant’s unauthorized listing. A
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`comparison of Natco’s copyrighted Azacitidine photograph and the photograph used by
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`Defendant is as follows:
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`9
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`CASE 0:21-cv-00396-ECT-BRT Doc. 1 Filed 02/11/21 Page 10 of 21
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`Natco Website / Image
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`Trade India Website / Copy
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`https://www.natcopharma.co.in/wp-
`content/uploads/2015/02/Xpreza.jpg
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`https://tiimg.tistatic.com/fp/1/003/395/x
`preza-100mg-727.jpg
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`32. Defendant has also offered for sale and sold Natco’s Rasburnat formulation
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`on its unauthorized TradeIndia.com storefront. Defendant’s unauthorized sales page for
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`the Rasburnat formulation were located the following link:
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`https://www.tradeindia.com/fp3395718/Rasburnat.html.
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`33.
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`Screenshots of the Rasburnat formulation listed on Defendant’s
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`unauthorized TradeIndia.com storefront are set forth below:
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`10
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`CASE 0:21-cv-00396-ECT-BRT Doc. 1 Filed 02/11/21 Page 11 of 21
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`34. A website printout of Defendant’s unauthorized sales page for Rasburnat on
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`TradeIndia.com shown in the screenshots above is attached hereto as Exhibit C.
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`35. Defendant has made material false statements about Defendant’s product
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`offerings. Defendant’s unauthorized sales page stated that the Rasburnat formulation is
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`“Offered By Natco Pharma Ltd.” and listed the seller as “Natco Pharma Ltd.” as shown
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`in the screenshot below:
`
`c
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`36.
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`These statements are false. Plaintiff Natco Pharma Ltd. is not the seller of
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`the Rasburnat formulation listed on TradeIndia.com, nor has Plaintiff granted Defendant
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`permission or otherwise authorized Defendant to sell the Rasburnat formulation on
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`TradeIndia.com.
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`11
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`CASE 0:21-cv-00396-ECT-BRT Doc. 1 Filed 02/11/21 Page 12 of 21
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`37. Defendant copied the product photograph used in its unauthorized
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`Rasburnat listing from Natco’s website. Natco owns copyrights in the photographs on its
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`website, including the Rasburnat photo used in Defendant’s unauthorized listing. A
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`comparison of Natco’s copyrighted Rasburnat photograph and the photograph used by
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`Defendant is as follows:
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`Natco Website / Image
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`Trade India Website / Copy
`
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`https://www.natcopharma.co.in/wp-
`content/uploads/2015/02/Rasburnat.jpg
`
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`https://tiimg.tistatic.com/fp/1/003/395/ra
`sburnat-718.jpg
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`38. Defendant has also offered for sale and sold Natco’s Alphalan formulation
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`on its unauthorized TradeIndia.com storefront. Defendant’s unauthorized sales page for
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`the Alphalan formulation were located at the following link:
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`https://www.tradeindia.com/fp3395668/Alphalan-Tablets.html.
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`39.
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`Screenshots of the Alphalan formulation listed on Defendant’s
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`unauthorized TradeIndia.com storefront are set forth below:
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`12
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`CASE 0:21-cv-00396-ECT-BRT Doc. 1 Filed 02/11/21 Page 13 of 21
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`40. A website printout of Defendant’s unauthorized sales page for Alphalan on
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`TradeIndia.com shown in the screenshots above is attached hereto as Exhibit D.
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`41. Defendant has made material false statements about Defendant’s product
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`offerings. Defendant’s unauthorized sales page stated that the Alphalan formulation is
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`“Offered By Natco Pharma Ltd.” and listed the seller as “Natco Pharma Ltd.” as shown
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`in the screenshot below:
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`13
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`CASE 0:21-cv-00396-ECT-BRT Doc. 1 Filed 02/11/21 Page 14 of 21
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`c
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`42.
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`These statements are false. Plaintiff Natco Pharma Ltd. is not the seller of
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`the Alphalan formulation listed on TradeIndia.com, nor has Plaintiff granted Defendant
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`permission or otherwise authorized Defendant to sell the Alphalan formulation on
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`TradeIndia.com.
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`43. Defendant copied the product photograph used in its unauthorized Alphalan
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`listing from Natco’s website. Natco owns copyrights in the photographs on its website,
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`including the Alphalan photo used in Defendant’s unauthorized listing. A comparison of
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`Natco’s copyrighted Alphalan photograph and the photograph used by Defendant is as
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`follows:
`
`Natco Website / Image
`
`Trade India Website / Copy
`
`
`https://www.natcopharma.co.in/wp-
`content/uploads/2015/02/alphalan.jpg
`
`
`https://tiimg.tistatic.com/fp/1/003/395/al
`phalan-tablets-668.jpg?tr=n-w200
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`14
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`CASE 0:21-cv-00396-ECT-BRT Doc. 1 Filed 02/11/21 Page 15 of 21
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` EFFECT OF DEFENDANT’S ACTIVITIES ON NATCO
`AND THE CONSUMING PUBLIC
`44. Defendant’s false statements described above are aimed at, and are likely
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`to, deceive recipients of those statements, which include consumers on TradeIndia.com
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`and the general consuming public. Defendant’s false statements are likely to have a
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`material effect on the purchasing decisions of consumers. Defendant’s activities
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`described above are also likely to cause confusion, mistake or deception among
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`purchasers and/or users of the parties’ goods as to source or origin and/or as to any
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`sponsorship or affiliation between, or endorsement by, Natco and Defendant.
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`45. Natco has built a reputation as one of the world’s foremost manufacturers
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`and marketers of pharmaceutical products. Defendant’s impersonation of Natco on
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`TradeIndia.com, and its false statements that the Azacitidine, Rasburnat, and Alphalan
`
`formulations are available for purchase from Natco on TradeIndia.com, will falsely cause
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`consumers to believe that they are purchasing these products directly from Natco, thereby
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`having a material impact on their purchasing decisions. If consumers obtain these Natco
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`products from an unauthorized seller and use them in a manner that causes harm to
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`themselves or others, Natco will suffer irreparable harm to its goodwill and reputation
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`with customers and in the marketplace.
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`46. Natco does not sell its Rasburnat and Alphalan formulations in the United
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`States. While they are approved by the governing regulatory bodies in the countries in
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`which they are offered for sale, including India, Natco’s Rasburnat and Alphalan
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`formulations are not approved by the FDA for sale in the United States. One version of
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`15
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`CASE 0:21-cv-00396-ECT-BRT Doc. 1 Filed 02/11/21 Page 16 of 21
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`Natco’s Azacitidine formulation is approved by the FDA for sale in the United States, but
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`not every version of Natco’s Azacitidine product is so approved. Defendant’s
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`unauthorized offering for sale of the India-market Azacitidine, Rasburnat, and Alphalan
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`formulations for sale on TradeIndia.com, makes it appear to the consuming public that
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`these formulations are approved for sale in the United States or that Natco is selling or
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`has sold unapproved formulations in the United States. For instance, consumers may
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`enter a US phone number or use apps on the Apple and Android app stores to
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`communicate with sellers. Due to these appearances created by Defendant’s false
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`statements, Natco will suffer irreparable harm to its goodwill and reputation with
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`customers and in the marketplace.
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`47.
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`Plaintiff is damaged and suffers irreparable harm from Defendant’s material
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`false statements. While Defendant’s webpages are currently unavailable and appear to
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`have been removed as of the date of the Complaint, Defendant may put up these
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`webpages, or any other false and misleading webpages, again in the future. Unless these
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`statements of Defendant are enjoined by this Court, they will continue, and they will
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`continue to cause irreparable injury to Natco and to the public for which there is no
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`adequate remedy at law.
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`COUNT I:
`FALSE ADVERTISING UNDER THE LANHAM ACT
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`48. Natco repeats the allegations in Paragraphs 1-47 as if fully set forth herein.
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`CASE 0:21-cv-00396-ECT-BRT Doc. 1 Filed 02/11/21 Page 17 of 21
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`49.
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`The acts of Defendant complained of herein constitute unfair competition
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`and false advertising in violation of Section 43(a) of the Lanham Act, 15 U.S.C. §
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`1125(a)(1)(B).
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`50. Defendant’s material false statements made in commercial advertising or
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`promotion misrepresent the nature, characteristics, and qualities of Natco’s goods and/or
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`commercial activities and Defendant’s goods and/or commercial activities, all in
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`violation of 15 U.S.C. § 1125(a).
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`51. As a direct and proximate result of Defendant’s above-described conduct,
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`Natco has suffered and continues to suffer damages in an amount to be proven at trial,
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`and the loss of goodwill.
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`52. As a direct and proximate result of Defendant’s above-described conduct,
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`Defendant has been unjustly enriched and should be ordered to disgorge any and all
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`profits earned as a result of such unlawful conduct.
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`53. Unless enjoined by this Court, Defendant’s above-described conduct will
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`cause irreparable injury, for which Natco has no adequate remedy at law, in the nature of
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`injury to Natco’s reputation and goodwill. Natco is entitled to injunctive relief pursuant to
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`15 U.S.C. § 1116.
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`
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`54. Defendant’s actions were taken in willful, deliberate, and/or intentional
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`disregard of Natco’s rights. Natco is entitled to recover trebled damages, Natco’s
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`attorneys’ fees, and the costs of this litigation pursuant to 15 U.S.C. § 1117.
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`CASE 0:21-cv-00396-ECT-BRT Doc. 1 Filed 02/11/21 Page 18 of 21
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`COUNT II:
`UNFAIR COMPETITION UNDER THE LANHAM ACT
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`55. Natco repeats the allegations in Paragraphs 1-54 as if fully set forth herein.
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`56.
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`The acts of Defendant complained of herein constitute unfair competition
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`and false designation of origin in violation of Section 43(a) of the Lanham Act, 15 U.S.C.
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`§ 1125(a)(1)(A).
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`57. Defendant’s activities are likely to cause confusion, mistake or deception
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`among purchasers and/or users of the parties’ goods as to source or origin and/or as to
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`any sponsorship or affiliation between, or endorsement by, Natco and Defendant, all in
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`violation of 15 U.S.C. § 1125.
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`58. As a direct and proximate result of Defendant’s above-described conduct,
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`Natco has suffered and continues to suffer damages in an amount to be proven at trial,
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`and the loss of goodwill.
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`59. As a direct and proximate result of Defendant’s above-described conduct,
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`Defendant has been unjustly enriched and should be ordered to disgorge any and all
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`profits earned as a result of such unlawful conduct.
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`60. Unless enjoined by this Court, Defendant’s above-described conduct will
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`cause irreparable injury, for which Natco has no adequate remedy at law, in the nature of
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`injury to Natco’s reputation and goodwill. Natco is entitled to injunctive relief pursuant to
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`15 U.S.C. § 1116.
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`CASE 0:21-cv-00396-ECT-BRT Doc. 1 Filed 02/11/21 Page 19 of 21
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`61. Defendant’s actions were taken in willful, deliberate, and/or intentional
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`disregard of Natco’s rights. Natco is entitled to recover trebled damages, Natco’s
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`attorneys’ fees, and the costs of this litigation pursuant to 15 U.S.C. § 1117.
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`DEMAND FOR JURY TRIAL
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`
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`Plaintiff hereby demands a trial by jury of all issues so triable.
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`REQUEST FOR RELIEF
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`WHEREFORE, Plaintiff respectfully requests judgment against Defendant on all
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`causes of action and as described as follows:
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`(a)
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`The Court enter an Order holding that Defendant has engaged in false
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`advertising and unfair competition in violation of 15 U.S.C. § 1125(a);
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`(b)
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`The Court enter an Order permanently enjoining Defendant, its agents,
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`servants, employees, attorneys, successors and assigns, and all others in active concert or
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`participation with them, from directly or indirectly falsely or misleadingly advertising
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`any affiliation or sponsorship with Natco; requiring Defendant to remove all product
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`listings for Natco products from any sales outlet, including without limitation
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`TradeIndia.com; and prohibiting Defendant from selling or listing any Natco products for
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`sale in the future on any sales outlet including without limitation TradeIndia.com;
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`(c)
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`The Court enter an Order granting Natco such other relief as the Court may
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`deem appropriate to prevent the public from deriving any erroneous impression
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`concerning the nature, characteristics, qualities, or benefits of Natco’s products;
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`19
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`CASE 0:21-cv-00396-ECT-BRT Doc. 1 Filed 02/11/21 Page 20 of 21
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`(d)
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`The Court enter an Order requiring Defendant to pay Natco damages in an
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`amount to be determined at trial sufficient to compensate Natco for injury it has sustained
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`as a consequence of Defendant’s unlawful acts;
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`(e)
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`The Court enter an Order requiring Defendant to pay Natco damages in the
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`amount of Natco’s actual damages resulting from Defendant’s false and misleading
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`advertisements and marketing and unfair competition pursuant to 15 U.S.C. § 1117(a);
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`(f)
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`The Court enter an Order finding that that this is an exceptional case and
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`requiring Defendant to pay Natco additional damages equal to three times the actual
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`damages awarded Natco pursuant to 15 U.S.C. § 1117(a);
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`(g)
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`The Court enter an Order for an accounting be directed to determine
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`Defendant’s profits resulting from its illegal activities and such profits be paid over to
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`Natco, increased as the Court finds to be just under the circumstances of this case
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`pursuant to 15 U.S.C. § 1117(a);
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`(h)
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`The Court enter an Order finding that this case is an exceptional case and
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`requiring Defendant to pay all of Natco’s reasonable attorneys’ fees, costs and expenses,
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`including those available under 15 U.S.C. § 1117(a), and any other applicable law;
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`(i)
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`The Court enter an Order requiring Defendant to pay Natco pre-judgment
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`and post-judgment interest on the damages awarded; and
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`(j)
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`The Court enter an Order awarding Natco such other and further relief as
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`the Court deems just and equitable.
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`20
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`CASE 0:21-cv-00396-ECT-BRT Doc. 1 Filed 02/11/21 Page 21 of 21
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`Respectfully submitted this 11th day of February 2021.
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`/s/William Schultz
`Christopher Sorenson
`William Schultz
`Michael Erbele
`MERCHANT & GOULD P.C.
`150 South Fifth Street
`Suite 2200
`Minneapolis, MN 55402
`Email: csorenson@merhantgould.com
`
` wschultz@merchantgould.com
`
` merbele@merchantgould.com
`Main Telephone: (612) 332-5300
`Main Facsimile: (612) 332-9081
`
`21
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