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`DICKINSON WRIGHT PLLC
`Steven A. Caloiaro
`Nevada Bar No. 12344
`100 West Liberty Street, Suite 940
`Reno, NV 89501
`Tel: (775) 343-7500
`scaloiaro@dickinson-wright.com
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`CLEMENT AND HO, APLC
`RANDALL J. CLEMENT, Pro Hac Vice Admission to be sought
`Cal. Bar No. 193443
`201 W. Whiting Avenue
`Fullerton, California 92832
`Tel: (714) 882-5794
`randy@clementandholaw.com
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`Attorneys for Plaintiff JUUL Labs, Inc.
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`UNITED STATES DISTRICT COURT
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`DISTRICT OF NEVADA
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`JUUL LABS, INC., a Delaware
`corporation,
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`Plaintiff,
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`v.
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`MOUNIR SEKKAT, an individual,
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`Defendant.
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` Case No. 2:20-cv-02328
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`COMPLAINT
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`Plaintiff JUUL Labs, Inc. ("JLI"), by and through its undersigned attorneys, files this
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`Complaint against defendant Mounir Sekkat, an individual ("Defendant"), as follows:
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`-1-
`COMPLAINT
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`Case 2:20-cv-02328-JCM-NJK Document 1 Filed 12/23/20 Page 2 of 16
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`NATURE OF THE ACTION
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`1.
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`JLI is the designer, manufacturer, and distributor of JUUL-branded electronic
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`nicotine delivery systems ("ENDS") and other related products (collectively, the "JUUL
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`Products").
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`2.
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`The JUUL Products have become targets for individuals and entities who wish to
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`take a "free ride" on the commercial success of the JUUL brand that JLI has spent considerable
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`effort and resources to build.
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`3.
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`Specifically, wrongdoers have counterfeited JUUL Products by
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`illegally
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`manufacturing, selling, and distributing fake, copied, and non-genuine versions of JUUL
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`Products and related packaging.
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`4.
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`Through this action, JLI combats the sale and distribution of these unlawful
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`counterfeit products.
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`PARTIES
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`5.
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`JLI is a corporation organized and existing under the laws of the State of
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`Delaware.
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`6.
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`Defendant Mounir Sekkat is an individual who, on information and belief, resides
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`in this judicial district. On information and belief, Defendant Mounir Sekkat is the sole
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`proprietor and principal of the Smoke Shop Cigars & More retail business located at 4690 W.
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`Cactus Avenue, Suite 110, Las Vegas, NV 89141.
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`JURISDICTION AND VENUE
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`7.
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`This Court has subject matter jurisdiction over this case pursuant to 15 U.S.C.
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`§1121 and 28 U.S.C. §§1331, 1338(a), and 1338(b) because (i) claims herein arise out of federal
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`trademark laws as codified in 15 U.S.C. §1114 and 15 U.S.C. §1125(a) (i.e., trademark
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`infringement, false designation of origin, and unfair competition); and (ii) the unfair business
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`practices claim herein is brought with and is related to the substantial claims based on trademark
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`laws. This Court also has supplemental jurisdiction over JLI's claims arising under common law
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`or state law pursuant to 28 U.S.C. §1367(a) because the claims are so related to JLI's federal law
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`-2-
`COMPLAINT
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`Case 2:20-cv-02328-JCM-NJK Document 1 Filed 12/23/20 Page 3 of 16
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`claims that they form part of the same case or controversy and derive from a common nucleus of
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`operative facts.
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`8.
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`This Court has general personal jurisdiction over Defendant due to his residence
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`and business activities in this judicial district. This Court has specific personal jurisdiction over
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`Defendant due to the nature and quality of his actions toward the state in which this Court is
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`located. The claims asserted herein arise out of and relate to such actions and this Court's
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`exercise of specific personal jurisdiction over Defendant comports with traditional notions of fair
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`play and substantial justice.
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`9.
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`Venue in this judicial district is proper for these claims pursuant to 28 U.S.C.
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`§1391(b). As described herein, Defendant resides in this judicial district, a substantial part of the
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`events or omissions giving rise to these claims occurred in this judicial district, and Defendant
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`has extensive contacts with this judicial district relating to JLI's claims. Defendant conducts
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`regular and systematic business transactions in this judicial district, including direct sales to
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`consumers in this judicial district, which violate the intellectual property rights of JLI.
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`FACTUAL ALLEGATIONS COMMON TO ALL CLAIMS
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`JUUL Trademarks and Products
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`10.
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`JLI is the exclusive owner of federally-registered, registration-pending, and
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`common law trademarks. For example, JLI owns the following United States Trademark
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`Registrations:
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`Depiction of Trademark
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`JUUL®
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`®
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`JUULpods®
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`Registration No.
`and Date
`4,818,664
`(09-22-2015)
`4,898,257
`(02-09-2016)
`5,918,490
`(11-26-2019)
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`(1) First Use
`(2) In Commerce
`(1) 06-01-2015
`(2) 06-01-2015
`(1) 06-01-2015
`(2) 06-01-2015
`(1) 06-30-2015
`(2) 06-30-2015
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`11.
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`True and correct copies of the Registration Certificates for the above-listed
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`trademarks are attached hereto as Exhibit A. Hereinafter, JLI may sometimes utilize the phrase
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`-3-
`COMPLAINT
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`Case 2:20-cv-02328-JCM-NJK Document 1 Filed 12/23/20 Page 4 of 16
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`"the JUUL Marks" to refer to, collectively, JLI's federally-registered, registration-pending, and
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`common law trademarks.
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`12.
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`JLI designs, manufactures, distributes, markets, and sells JUUL Products,
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`including the JUUL system comprised of: (i) a device containing a rechargeable battery, control
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`circuitry and a receptacle for a cartridge or pod, (ii) a disposable cartridge or pod ("JUULpod")
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`that can be inserted into the device, has a heating chamber and is prefilled with a proprietary
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`nicotine e-liquid formulation, and (iii) a charger for charging the device, and related accessories.
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`13.
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`The JUUL Marks appear clearly on JUUL Products, as well as the packaging and
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`marketing materials related to such products.
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`14.
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`The JUUL Marks, as well as the goodwill arising from such trademarks, have
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`never been abandoned.
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`15.
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`JLI continues to preserve and maintain its rights with respect to the JUUL Marks,
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`including those registered with the United States Patent and Trademark Office.
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`16.
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`Due in large part to the substantial commercial success of the JUUL Products, the
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`JUUL brand is well-known to consumers and has garnered extensive coverage by the media.
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`17.
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`Through the extensive use of the JUUL Marks, JLI has spent substantial time,
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`money, and effort in developing consumer recognition and awareness of its brand. JLI markets
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`JUUL Products nationwide to current adult smokers, including through its website, and sells its
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`products through its nationwide authorized network. JLI also markets and sells its products
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`internationally. JLI has built up and developed significant customer goodwill in its entire
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`product line and the JUUL Products are immediately identified by the JUUL Marks.
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`Sales of Counterfeit Goods
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`18.
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`Beginning on a date that is currently unknown to JLI, Defendant, without the
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`consent of JLI, has offered to sell and sold, and/or facilitated the offer and sale of, goods that
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`were neither made by JLI nor by a manufacturer authorized by JLI, all by using reproductions,
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`counterfeits, copies and/or colorable imitations of JUUL Products and the JUUL Marks
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`("Counterfeit Goods").
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`-4-
`COMPLAINT
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`Case 2:20-cv-02328-JCM-NJK Document 1 Filed 12/23/20 Page 5 of 16
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`19.
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`JLI has not authorized any third party, including Defendant, to make or sell
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`ENDS or other types of products in connections with the JUUL Marks. The Counterfeit Goods
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`sold by Defendant are therefore not manufactured in accordance with JLI's own stringent quality
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`controls but are instead manufactured outside of JLI's knowledge and control, using unknown
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`substances and materials,
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`in unknown
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`locations and with unknown manufacturing
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`requirements/controls.
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`20.
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`The Counterfeit Goods sold by Defendant bear counterfeit and confusingly
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`similar imitations of the JUUL Marks in a manner likely to be confused with genuine JUUL
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`Products.
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`21.
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`For example, on November 22, 2019, a representative of JLI made an in-person
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`purchase of Counterfeit Goods for sale at the Smoke Shop Cigars & More retail business owned
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`and operated by Defendant located at 4690 W. Cactus Avenue, Suite 110, Las Vegas, NV 89141
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`(the "Smoke Shop Cigars & More Business"). True and correct images of the products
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`purchased on November 22, 2019 are attached hereto as Exhibit B. JLI subsequently inspected
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`the products purchased on November 22, 2019 and confirmed that the purchased products are in
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`fact counterfeit products.
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`Cease-and-Desist Correspondence to Defendant
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`22.
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`On December 17, 2019, JLI's counsel mailed a cease-and-desist correspondence
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`to Defendant. A true and correct copy of this correspondence is attached hereto as Exhibit C.
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`This cease-and-desist correspondence provided specific notice of the following, among other
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`items: (i) JLI's confirmation that goods sold by Defendant are in fact counterfeit goods; (ii) JLI's
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`demand that Defendant cease the sale, manufacture, marketing, and importation of Counterfeit
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`Goods and all other unauthorized use of JLI's intellectual property; (iii) JLI's ownership of the
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`JUUL Marks; (iv) the statutory prohibition of the sale of Counterfeit Goods and all other
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`unauthorized use of JLI's intellectual property, and JLI's right to seek monetary judgments
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`against infringers; and (v) Defendant's willful infringement under federal law would be
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`-5-
`COMPLAINT
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`Case 2:20-cv-02328-JCM-NJK Document 1 Filed 12/23/20 Page 6 of 16
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`established by any further sales of Counterfeit Goods or any other unauthorized use of JLI's
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`intellectual property.
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`23.
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`The December 17 cease-and-desist correspondence requested that Defendant
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`contact JLI's counsel to discuss pre-litigation resolution of the legal issues arising from the sale
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`of the Counterfeit Goods and all other unauthorized use of JLI's intellectual property. Defendant
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`contacted JLI's counsel, but such communication did not result in resolution of JLI's claims.
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`Continued Sales of Counterfeit Goods
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`24.
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`On June 26, 2020, a representative of JLI made an in-person purchase of a
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`Counterfeit Good for sale at the Smoke Shop Cigars & More Business. A true and correct image
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`of the product purchased on June 26, 2020 is attached hereto as Exhibit D. JLI subsequently
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`inspected the product purchased on June 26, 2020 and confirmed that the purchased product is in
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`fact a counterfeit product.
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`25.
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`Defendant is not authorized and never has been authorized by JLI to produce,
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`manufacture, distribute, market, offer for sale, and/or sell merchandise bearing the JUUL Marks,
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`or any variations thereof. JLI has no control over the nature, quality, or pricing of Defendant's
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`products or marketing, or any other aspect of the business conduct of Defendant.
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`26.
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`Defendant uses words, symbols, images, designs, and names confusingly similar
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`or identical to the JUUL Marks to confuse consumers and aid in the promotion and sales of the
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`Counterfeit Goods.
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`27.
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`Defendant's counterfeit sales outlined above are likely to deceive, confuse, and
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`mislead purchasers and prospective purchasers into believing that the products are authorized by
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`JLI. Purchasers and prospective purchasers using or simply viewing Defendant's Counterfeit
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`Goods and who perceive a defect, lack of quality, or any other irregularity are likely to
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`mistakenly attribute the issue to JLI, to the detriment of JLI's business and the JUUL brand.
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`28.
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`The likelihood of confusion, mistake, and deception brought about by Defendant's
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`misappropriation of the JUUL Marks is causing irreparable harm to the goodwill symbolized by
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`the JUUL Marks and the reputation for quality that said marks embody.
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`-6-
`COMPLAINT
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`Case 2:20-cv-02328-JCM-NJK Document 1 Filed 12/23/20 Page 7 of 16
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`29.
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`Defendant's unauthorized use of the JUUL Marks began after JLI legally
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`established the existence and significant value of such trademarks, including after JLI's adoption
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`and use of the JUUL Marks and after JLI obtained two of the trademark registrations described
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`above.
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`30.
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`Defendant's infusion of the Counterfeit Goods into the marketplace reflects
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`adversely on JLI, results in economic loss to JLI including loss of sales of genuine JUUL
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`Products, damages the goodwill of the JUUL brand, and thwarts JLI's honest efforts and
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`considerable expenditures to promote its genuine JUUL Products using the JUUL Marks.
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`FIRST CAUSE OF ACTION
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`(Trademark Infringement – Counterfeit Goods (15 U.S.C §1114) )
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`31.
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`JLI re-alleges and incorporates by this reference each and every allegation in
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`paragraphs 1 through 30 as though set forth fully herein.
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`32.
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`The JUUL Marks, as well as the goodwill arising from such trademarks, have
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`never been abandoned. The JUUL Marks appear clearly on JUUL Products, as well as the
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`packaging and marketing related to such products. JLI continues to preserve and maintain its
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`rights with respect to the JUUL Marks.
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`33.
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`Defendant's actions to sell and distribute the Counterfeit Goods which use
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`spurious designations that are identical to, or substantially indistinguishable from, the JUUL
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`Marks as described herein are intended to cause, have caused, and are likely to continue to cause
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`confusion or mistake, or to deceive consumers, the public, and the trade into believing that the
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`Counterfeit Goods are genuine or authorized JUUL Products.
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`34.
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`The foregoing acts of Defendant constitute direct, contributory, and/or vicarious
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`trademark infringement in violation of 15 U.S.C. §1114.
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`35.
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`JLI has been damaged as a result of Defendant's infringement of the JUUL Marks.
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`JLI alleges, on information and belief, that Defendant's sale and distribution of the Counterfeit
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`Goods have resulted in lost sales to JLI, have reduced the business and profits of JLI, and have
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`-7-
`COMPLAINT
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`Case 2:20-cv-02328-JCM-NJK Document 1 Filed 12/23/20 Page 8 of 16
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`injured the general reputation of JLI, all to JLI's damage in an amount not yet ascertainable, but
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`will be determined during this action or considered in relation to a request for statutory damages.
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`36.
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`JLI alleges, on information and belief, that Defendant has derived, received, and
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`will continue to derive and receive from the aforesaid acts of infringement, gains, profits, and
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`advantages in an amount not yet ascertainable, but will be determined during this action or
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`considered in relation to a request for statutory damages.
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`37.
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`On information and belief, Defendant acted intentionally and/or willfully in
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`infringing upon the JUUL Marks through sale and distribution of the Counterfeit Goods,
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`knowing that the JUUL Marks belonged to JLI, that the Counterfeit Goods were in fact
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`infringing, and that Defendant was not authorized to infringe upon the JUUL Marks through sale
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`and distribution of the Counterfeit Goods.
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`38.
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`Defendant's spurious designation of his products also constitutes the use by
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`Defendant of at least one "counterfeit mark" as defined in 15 U.S.C. §1116(d)(1)(B). Therefore,
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`JLI is entitled to recovery of treble damages and to an award of reasonable attorneys' fees
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`pursuant to 15 U.S.C. §§1117(a) and 1117(b).
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`39.
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`Because Defendant's actions also constitute the use by Defendant of at least one
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`"counterfeit mark" as defined in 15 U.S.C. §1116(d)(1)(B), JLI reserves the right to elect, at any
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`time before final judgment is entered in this case, an award of statutory damages pursuant to 15
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`U.S.C. §1117(c)(1) or (2). JLI alleges, on information and belief, that Defendant has knowingly
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`and willfully engaged in the acts complained of with oppression, fraud, malice, and in conscious
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`disregard of the rights of JLI. JLI is, therefore, entitled to the maximum statutory damages
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`allowable.
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`40.
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`The acts of direct, contributory, and/or vicarious trademark infringement
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`committed by Defendant have caused, and will continue to cause, JLI irreparable harm unless
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`they are enjoined by this Court. On information and belief, Defendant's actions were committed
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`in bad faith and with the intent to cause confusion and mistake, and to deceive the consuming
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`-8-
`COMPLAINT
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`Case 2:20-cv-02328-JCM-NJK Document 1 Filed 12/23/20 Page 9 of 16
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`public as to the source, sponsorship, and/or affiliation of Defendant and/or the Counterfeit
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`Goods.
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`SECOND CAUSE OF ACTION
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`(False Designation of Origin – Counterfeit Goods (15 U.S.C. §1125(a)))
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`41.
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`JLI re-alleges and incorporates by this reference each and every allegation in
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`paragraphs 1 through 40 as though set forth fully herein.
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`42.
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`Defendant's unauthorized use of the JUUL Marks, brand names, and the other
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`distinctive words, symbols, slogans, color schemes, images, and designs through which
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`Defendant presents his Counterfeit Goods to the market constitutes a wrongful and false
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`representation to the consuming public that the Counterfeit Goods sold by Defendant originated
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`from JLI or somehow are authorized by or affiliated with JLI.
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`43.
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`Defendant's actions as described herein constitute violation of 15 U.S.C.
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`§1125(a)(1)(A), as such actions are likely to cause confusion, or to cause mistake, or to deceive
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`as to the affiliation, connection, or association of Defendant with JLI and/or as to the origin,
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`sponsorship, and/or approval of the Counterfeit Goods by JLI. These acts amount to false
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`designations of origin.
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`44.
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`JLI has been damaged as a result of Defendant's actions described herein. JLI
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`alleges, on information and belief, that Defendant's sale of the Counterfeit Goods has resulted in
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`lost sales to JLI, has reduced the business and profits of JLI, and has greatly injured the general
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`reputation and goodwill of JLI, all to JLI's damage in an amount not yet ascertainable, but will be
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`determined during this action or to be considered in relation to a request for statutory damages.
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`45.
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`JLI alleges, on information and belief, that Defendant has derived, received, and
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`will continue to derive and receive from the aforesaid acts of infringement, gains, profits, and
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`advantages in an amount not yet ascertainable, but will be determined during this action or to be
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`considered in relation to a request for statutory damages.
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`46.
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`On information and belief, Defendant acted intentionally and/or willfully in using
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`the JUUL Marks on the Counterfeit Goods, knowing that the JUUL Marks belonged to JLI, that
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`COMPLAINT
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`Case 2:20-cv-02328-JCM-NJK Document 1 Filed 12/23/20 Page 10 of 16
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`the Counterfeit Goods were in fact counterfeit, and that Defendant was not authorized to use the
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`JUUL Marks on the Counterfeit Goods.
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`47.
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`Defendant's acts of violating 15 U.S.C. §1125(a), directly and/or in contributory
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`or vicarious manner, have caused, and will continue to cause, JLI irreparable harm unless they
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`are enjoined by this Court. On information and belief, Defendant's actions were committed in
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`bad faith and with the intent to cause confusion and mistake, and to deceive the consuming
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`public as to the source, sponsorship, and/or affiliation of Defendant and/or the Counterfeit
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`Goods.
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`THIRD CAUSE OF ACTION
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`(Unfair Competition – Counterfeit Goods (15 U.S.C. §1125(a)))
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`48.
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`JLI re-alleges and incorporates by this reference each and every allegation in
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`paragraphs 1 through 47 as though set forth fully herein.
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`49.
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`An express purpose of the Lanham Act is to protect commercial parties against
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`unfair competition.
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`50.
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`Defendant's unauthorized use of the JUUL Marks, brand names, and the other
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`distinctive words, symbols, color schemes, and designs through which JLI presents its products
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`to the market constitutes wrongful and unfair business practices and marketplace bad faith,
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`resulting in inaccurate representations to the consuming public that the Counterfeit Goods sold
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`by Defendant originated from or somehow are authorized by or affiliated with JLI. Defendant so
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`acted for his own financial benefit in disregard to the harm being caused to JLI.
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`51.
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`Defendant's actions as described herein constitute violation of 15 U.S.C.
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`§1125(a)(1)(A), as such actions are likely to cause confusion, or to cause mistake, or to deceive
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`as to the affiliation, connection, or association of Defendant with JLI and/or as to the origin,
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`sponsorship, and/or approval of the Counterfeit Goods by JLI. These acts amount to false
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`representations to compete unfairly with JLI.
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`52.
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`JLI has been damaged as a result of Defendant's actions described herein. JLI
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`alleges, on information and belief, that Defendant's sale of the Counterfeit Goods has resulted in
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`-10-
`COMPLAINT
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`Case 2:20-cv-02328-JCM-NJK Document 1 Filed 12/23/20 Page 11 of 16
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`lost sales to JLI, has reduced the business and profits of JLI, and has greatly injured the general
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`reputation and goodwill of JLI, all to JLI's damage in an amount not yet ascertainable, but will be
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`determined during this action or to be considered in relation to a request for statutory damages.
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`53.
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`JLI alleges, on information and belief, that Defendant has derived, received, and
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`will continue to derive and receive from the aforesaid acts of infringement, gains, profits, and
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`advantages in an amount not yet ascertainable, but will be determined during this action or to be
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`considered in relation to a request for statutory damages.
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`54.
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`On information and belief, Defendant acted intentionally and/or willfully in using
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`the JUUL Marks on the Counterfeit Goods, knowing that the JUUL Marks belonged to JLI, that
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`the Counterfeit Goods were in fact counterfeit, and that Defendant was not authorized to use the
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`JUUL Marks on the Counterfeit Goods.
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`55.
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`Defendant's acts of violating 15 U.S.C. §1125(a), directly and/or in contributory
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`or vicarious manner, have caused, and will continue to cause, JLI irreparable harm unless they
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`are enjoined by this Court. On information and belief, Defendant's actions were committed in
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`bad faith and with the intent to cause confusion and mistake, and to deceive the consuming
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`public as to the source, sponsorship, and/or affiliation of Defendant and/or the Counterfeit
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`Goods.
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`FOURTH CAUSE OF ACTION
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`(Trademark Infringement Under Common Law)
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`56.
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`JLI re-alleges and incorporates by this reference each and every allegation in
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`paragraphs 1 through 55 as though set forth fully herein.
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`57.
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`In violation of the common law of the State of Nevada, Defendant's acts described
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`herein constitute trademark infringement, false designations of origin, and false or misleading
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`descriptions likely to cause confusion, mistake, and deceit as to affiliation, connection, or
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`association of Defendant with JLI and as the origin, sponsorship, or approval of Defendant's
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`unauthorized products by JLI.
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`-11-
`COMPLAINT
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`Case 2:20-cv-02328-JCM-NJK Document 1 Filed 12/23/20 Page 12 of 16
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`58.
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`JLI has been damaged by Defendant's acts of trademark infringement, false
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`designations of origin, and false or misleading descriptions.
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`59.
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`The acts of trademark infringement committed by Defendant have caused, and
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`will continue to cause, JLI irreparable harm unless they are enjoined by this Court. JLI has no
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`adequate remedy at law and is thus damaged in an amount not yet determined.
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`(Deceptive Trade Practices in Violation of NRS § 598.0915 and Consumer Fraud NRS §
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`FIFTH CAUSE OF ACTION
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`41.600)
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`60.
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`JLI re-alleges and incorporates by this reference each and every allegation in
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`paragraphs 1 through 59 as though set forth fully herein.
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`61.
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`Defendant's actions described herein constitute unfair or deceptive trade practices
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`or acts in violation of Nevada Revised Statutes § 598.0915(1), (2), (3), (5), and (7). Defendant's
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`distribution, marketing, promotion, offering for sale, and sale of Counterfeit Goods bearing
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`marks confusingly similar to JUUL Products and the JUUL Marks, as alleged above, are
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`materially misleading and deceptive to the consumers in Nevada. Defendant's actions described
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`herein constitute trademark infringement, false designations of origin, and false or misleading
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`descriptions likely to cause confusion, mistake, and deceit as to affiliation, connection, or
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`association of Defendant with JLI and as the origin, sponsorship, or approval of Defendant's
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`unauthorized products by JLI.
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`62.
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`Defendant has engaged in consumer-oriented conduct that has affected the general
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`public interest of Nevada and has resulted in injury, and is likely to result in further injury, to
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`consumers in Nevada.
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`63.
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`By the acts described herein, Defendant has willfully engaged in deceptive acts or
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`practices in the conduct of his business and his furnishing of goods. On information and belief,
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`Defendant has received revenues and profits as a result of his infringing uses of the JUUL
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`Marks, to which Defendant is not entitled.
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`-12-
`COMPLAINT
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`Case 2:20-cv-02328-JCM-NJK Document 1 Filed 12/23/20 Page 13 of 16
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`64.
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`Pursuant to Nev. Rev. Stat. § 41.600, “consumer fraud” means a deceptive trade
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`practice as defined in the Nevada DTPA.
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`65.
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`Therefore, by its actions as described herein, Defendant has violated Nevada
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`Revised Statute § 41.600, and has committed consumer fraud.
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`66.
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`JLI has been damaged by Defendant's deceptive acts or practices. JLI has
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`suffered and continues to suffer monetary damages and loss of profits to be determined at trial.
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`67.
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`Defendant's actions described herein have caused, and will continue to cause, JLI
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`to suffer irreparable harm unless enjoined by this Court. JLI has no adequate remedy at law and
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`is thus damaged in an amount not yet determined.
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`REQUEST FOR RELIEF
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`WHEREFORE, JLI hereby respectfully requests the following relief against Defendant
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`Mounir Sekkat, an individual, as follows:
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`1.
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`An award of Defendant's profits and JLI's damages for trademark infringement
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`under 15 U.S.C §§ 1114 and 1117, trebled, in an amount to be proven at trial;
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`2.
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`An award of Defendant's profits and JLI's damages for false designation of origin
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`under 15 U.S.C. §1125(a), trebled, in an amount to be proven at trial;
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`3.
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`An award of Defendant's profits and JLI's damages for unfair competition under
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`15 U.S.C. §1125(a), trebled, in an amount to be proven at trial;
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`4.
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`In the alternative to Defendant's profits and JLI's damages for trademark
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`infringement, an award of statutory damages pursuant to 15 U.S.C. §1117(c) of
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`$2,000,000.00 for each of the counterfeited trademarks willfully utilized by
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`Defendant;
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`5.
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`An injunction by this Court prohibiting Defendant, and his respective agents,
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`servants, employees, and representatives and all persons in active concert and
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`participation with them, during the pendency of this action and permanently
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`thereafter, from: engaging or continuing to engage in the infringing, unlawful,
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`unfair, or fraudulent business acts or practices described herein, including the
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`-13-
`COMPLAINT
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`Case 2:20-cv-02328-JCM-NJK Document 1 Filed 12/23/20 Page 14 of 16
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`marketing, sale, distribution, and/or other dealing in any non-genuine JUUL
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`Products, including fake counterfeit products or unauthorized grey-market
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`products; using without permission any mark or other intellectual property right
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`of JLI; acting to infringe the JUUL Marks; falsely designating the origin of any
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`product to be from JLI; engaging in unfair competition with JLI; or acting in any
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`other manner to derogate JLI's intellectual property rights;
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`6.
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`An Order requiring that Defendant provide complete accountings and for
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`equitable relief, including that Defendant disgorge and return or pay JLI its ill-
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`gotten gains obtained from the illegal transactions entered into and/or pay
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`restitution;
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`7.
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`An Order that an asset freeze or constructive trust be imposed over all monies and
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`profits in Defendant's possession which rightfully belong to JLI;
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`8.
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`Pursuant to 15 U.S.C. §1116, including upon ex parte application, an Order for
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`the seizure of goods and counterfeit marks and the means of making such marks,
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`and records documenting the manufacture, sale, or receipt of things involved in
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`trademark violations;
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`9.
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`Pursuant to 15 U.S.C. §1118, an Order requiring that Defendant and all others
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`acting under Defendant's authority, at their cost, be required to deliver up to JLI
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`for destruction all products, accessories, labels, signs, prints, packages, wrappers,
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`marketing materials, and other material in their possession, custody, or control
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`10.
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`11.
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`12.
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`13.
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`14.
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`bearing any of the JUUL Marks;
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`Treble damages;
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`JLI's reasonable attorneys' fees;
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`All costs of suit;
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`Prejudgment interest; and
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`Such other and further relief as the Court may deem just and equitable.
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`-14-
`COMPLAINT
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`Case 2:20-cv-02328-JCM-NJK Document 1 Filed 12/23/20 Page 15 of 16
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`Respectfully submitted,
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` /s/ Steven A. Caloiaro
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`Steven A. Caloiaro
`Nevada Bar No. 12344
`DICKINSON WRIGHT PLLC
`100 West Liberty Street, Suite 940
`Reno, NV 89501
`Tel: (775) 343-7500
`scaloiaro@dickinson-wright.com
`
`
`-and-
`
`Randall J. Clement, Esq. Pro Hac Vice
`Admission to be sought
`California State Bar No. 193443
`CLEMENT AND HO, APLC
`201 W. Whiting Avenue
`Fullerton, California 92832
`Tel: (714) 882-5794
`randy@clementandholaw.com
`
`
`Counsel for Plaintiff JUUL Labs, Inc.
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`December 23, 2020
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`-15-
`COMPLAINT
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`Case 2:20-cv-02328-JCM-NJK Document 1 Filed 12/23/20 Page 16 of 16
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`INDEX OF EXHIBITS
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`Exhibit
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`Description
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`A
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`B
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`C
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`D
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`Registration Certificates for trademarks at issue
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`Images of infringing products purchased on November 22, 2019
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`Cease-and-desist correspondence to Defendant dated December 17, 2019
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`Image of infringing product purchased on June 26, 2020
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`-1-
`COMPLAINT
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`