Case 2:22-cv-00215-GMN-DJA Document 1 Filed 02/04/22 Page 1 of 25
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`John L. Krieger, Esq.
`Nevada Bar No. 6023
`DICKINSON WRIGHT PLLC
`jkrieger@dickinsonwright.com
`3883 Howard Hughes Parkway, Suite 800
`Las Vegas, Nevada 89169-0965
`Phone: (702) 550-4400
`Fax: 844-670-6009
`
`
`
`UNITED STATES DISTRICT COURT
`
`DISTRICT OF NEVADA
`
`BBK Tobacco & Foods, LLP, an Arizona limited
`liability partnership, d/b/a HBI International,
`
`Case No. __________________
`
`Plaintiff,
`
`v.
`
`BLUUM LAB LLC, a Florida limited liability
`company; JUUCY LLC, a Florida limited liability
`company; and JUUCY HOLDINGS, L.L.C., a
`Florida limited liability company
`
`Defendants.
`
`COMPLAINT
`
`
`
`DEMAND FOR JURY TRIAL
`
`
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`Plaintiff BBK Tobacco & Foods, LLP, d/b/a HBI International (“BBK”), for its Complaint
`against Defendants BLUUM LAB, LLC, JUUCY LLC, and JUUCY HOLDINGS L.L.C.
`(collectively “Defendants”) states as follows:
`
`NATURE OF THE CASE
`This is an action for trademark infringement, unfair competition, false designation of
`origin, and false advertising under the Lanham Act, 15 U.S.C. §§ 1114, 1125(a); and common law
`trademark infringement and unfair competition, as well as deceptive trade practices, under the law
`of the State of Nevada.
`
`JURISDICTION AND VENUE
`1.
`This Court has subject matter jurisdiction pursuant to 15 U.S.C. § 1121 and 28
`U.S.C. §§ 1331, 1332, 1338, and 1367. This case primarily involves a federal question, complete
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`Case 2:22-cv-00215-GMN-DJA Document 1 Filed 02/04/22 Page 2 of 25
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`diversity of citizenship exists, and the amount in controversy exceeds $75,000. Subject matter
`jurisdiction over BBK’s related state common law claims is proper pursuant to 28 U.S.C. §§ 1338
`and 1367.
`2.
`Upon information and belief, this Court may exercise personal jurisdiction over
`Defendants, and each of them, by virtue of their committing acts of trademark infringement in the
`State of Nevada which they knew or should have known would cause injury in Nevada.
`Defendants, and each of them, have conducted business and have directly harmed BBK in this
`District by using, selling, offering for sale and/or importing products that infringe on BBK’s
`trademarks at the CHAMPS Show (“CHAMPS”) held on February 2-5, 2022 at the Las Vegas
`Convention Center in Las Vegas, Nevada.
`3.
`Venue is proper in the United States District Court for the District of Nevada under
`28 U.S.C. § 1391(b) because a substantial part of the events giving rise to BBK’s claims occurred
`in the District of Nevada. Pursuant to LR IA 1-6, venue lies in the unofficial Southern Division
`of this judicial district.
`
`THE PARTIES
`BBK is an Arizona limited liability partnership with its principal place of business
`
`4.
`in Arizona.
`5.
`Defendant Bluum Lab LLC (“BluumLab”) is a Florida limited liability company
`with a place of business and mailing address located at 470 Ansin Blvd., Hallandale Beach, FL
`33009, organized in or around October 2018.
`6.
`The corporate information BluumLab filed with the Florida Secretary of State
`identifies two individuals who are authorized to act on behalf of BluumLab: Yehuda Gabay and
`Elad Barda.
`7.
`Defendant Juucy LLC (“Juucy LLC”) is a Florida limited liability company with
`a place of business and mailing address located at 470 Ansin Blvd., Hallandale Beach, FL 33009,
`organized in or around July 2020.
`8.
`The corporate information Juucy LLC filed with the Florida Secretary of State
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`identifies Yehuda Gabay and Elad Barda as authorized to act on behalf of Juucy LLC.
`9.
`Defendant Juucy Holdings L.L.C. (“Juucy Holdings”) is a Florida limited liability
`company with a place of business and mailing address located at 470 Ansin Blvd., Hallandale
`Beach, FL 33009, organized in or around September 2021.
`10.
`The corporate information Juucy Holdings filed with the Florida Secretary of State
`also identifies one of the following two individuals, connected to BluumLab and Juucy LLC, as
`authorized to act on behalf of Juucy Holdings: Yehuda Gabay and Masoud Wardak.
`11.
`True and correct copies of BluumLab’s, Juucy LLC’s, and Juucy Holdings’
`corporate filings with the Florida Secretary of State are attached hereto as Exhibit A.
`12.
`Upon information and belief, BluumLab, Juucy LLC, and Juucy Holdings are each
`the alter ego of the other, and are the officer, agent, servant, representative, and/or employee of
`the other, acting in participation with each other, and have authority or apparent authority to bind
`the other.
`13.
`Upon information and belief, Defendants, and each of them, own and intend to
`operate a “Juucy” website located at <juucy.com (the “Website”).
`14.
`A true and correct copy of the home page of the Website, stating that it is under
`construction and will be launching soon, is attached hereto as Exhibit B.
`15.
`Although the actual registration information is protected by a privacy service, upon
`information and belief, one of the Defendants registered the <juucy.com> domain name with
`GoDaddy.com, LLC on or around January 27, 2022.
`16.
`The registration for the <juucy.com> domain name identifies the registrant as
`being located in Florida.
`17.
`A true and correct copy of the WHOIS record for the <juucy.com> domain name
`is attached hereto as Exhibit C.
`18.
`Upon information and belief, one of the Defendants is the registered owner of the
`<juucy.com> domain name registration.
`19.
`Upon information and belief, Defendants, and each of them, registered for and
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`attended the CHAMPS Show as an exhibitor at booths 1133, 6091, and 7113 (the “Juucy
`Booths”).
`20.
`Upon information and belief, Defendants, and each of them, are responsible for
`the manufacture, distribution, promotion, marketing, selling, offering for sale, and/or importing
`products using the name “Juucy.”
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`GENERAL ALLEGATIONS
`
`A.
`BBK’s JUICY Brand Products and BBK Family of JUICY Marks
`21.
`BBK is in the business of designing, marketing, and selling tobacco-related
`products, including loose tobacco, rolling papers, cigars, vaporizers, and liquid flavoring for
`tobacco and legal smoking herbs, among other smoking-related products (the “BBK Products”).
`22.
`BBK identifies certain line of BBK Products with the name “juicy” alone or in
`combination with other words (the “JUICY Brand Products”).
`23.
`In or around 2000, BBK launched a line of tobacco-related products using the
`name “juicy.” BBK’s combined line of “juicy” products includes flavored rolling papers, flavored
`cigars, flavored cigar wraps, and natural liquid products used to flavor tobacco, legal herbs, cigars,
`pipes, vaporizers, and e-cigarettes.
`24.
`The 2021 BBK catalog identifies numerous different JUICY Brand Products,
`including, but not limited to JUICY brand rolling papers, rollers, smokable herbs, jars, storage
`containers, incense sticks, and vaporizer pens.
`25.
`BBK uses the word “juicy” as a distinctive, common formative element of the
`series of marks for the JUICY Brand Products.
`26.
`The marks containing the word “juicy” that BBK uses to identify the JUICY Brand
`Products include the following: JUICY® and JUICY JAY’S® (the “BBK Family of JUICY
`Marks”).
`27.
`BBK has composed the BBK Family of JUICY Marks in such a way that the public
`associates each individual mark and their common characteristic, “juicy,” with products
`originating from BBK.
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`28.
`Consumers of smoking products and accessories associate the individual and
`collective marks in the BBK Family of JUICY Marks and the word “juicy” itself, as an indicator
`that BBK is the source of the goods of services identified with the word “juicy.”
`29.
`BBK is named as the record owner of the following United States Patent and
`Trademark Office (“PTO”) registrations of trademarks:
`a. JUICY JAY’S (Reg. No. 2678289), issued on January 21, 2003, for “[t]obacco
`accessories, namely, rolling papers,” based on an application filed on March 22, 2002;
`b. JUICY (Reg. No. 3053223), issued on January 31, 2006, for “[t]obacco accessories,
`namely rolling papers, rolling machines, pipes,” based on an application filed on
`March 23, 2004;
`c. JUICY JAY’S (Reg. No. 3876971), issued on November 16, 2010, for “[t]obacco and
`herbal smoke masking incense,” based on an application filed on April 8, 2010;
`d. JUICY (Reg. No. 4387522), issued on August 20, 2013, for “[c] hemical flavorings in
`liquid form used to refill electronic cigarette cartridges; Flavorings for tobacco,” based
`on an application filed on December 27, 2012;
`e. JUICY (Reg. No 4416085), issued on October 8, 2013 for “[e]lectronic vaporizers,”
`based on an application filed on December 27, 2012;
`f. JUICY (Reg. No. 4568185), issued on July 15, 2014, for “[h]erbs for smoking,” based
`on an application filed on December 11, 2013;
`g. JUICY (Reg. No. 5046497), issued on September 20, 2016, for “[p]roviding consumer
`and business information and related news in the fields of marijuana and cannabis and
`medicinal and therapeutic marijuana and cannabis,” based on an application filed on
`May 19, 2015.
`30.
`The trademarks within the BBK Family of JUICY Marks identified in the
`paragraph above are referred to as the “Registered Marks in the BBK Family of JUICY Marks.”
`31.
`True and accurate copies of the registration certificates for the Registered Marks
`in the BBK Family of JUICY Marks are attached as Exhibits D through J.
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`Case 2:22-cv-00215-GMN-DJA Document 1 Filed 02/04/22 Page 6 of 25
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`BBK uses the BBK Family of JUICY Marks to promote the JUICY Brand
`
`32.
`Products.
`33.
`BBK’s promotional efforts using the BBK Family of JUICY Marks include,
`among other things: Internet advertising; point-of-sale materials; event sponsorships; contests,
`and trade-show attendance.
`34.
`BBK sales and promotion of the JUICY Brand Products using the BBK Family of
`JUICY Marks have made the marks in the BBK Family of JUICY Marks valuable as identifiers
`of BBK products and services that serve to distinguish the BBK products and services from
`competing products and services.
`35.
`Customers in this judicial district and elsewhere readily recognize the marks in the
`BBK Family of JUICY Marks as distinctive designations of the origin of the JUICY Brand
`Products.
`36.
`The marks in the BBK Family of JUICY Marks have significant goodwill in the
`marketplace and are uniquely associated with BBK and its business, as well as the quality and
`nature of the JUICY Brand Products.
`B.
`Defendants’ Products
`37.
`Defendants produce, sell, and distribute disposable vape devices, liquid flavoring
`and other products relating to smoking and/or vaping (“Defendants’ Products”). (See Paragraph
`54 below.)
`38.
`The U.S. Food and Drug Administration (“FDA”) requires market authorization
`for products like Defendants’ Products before such products can be produced, distributed or sold
`in the United States.
`39.
`Upon information and belief, Defendants’ Products do not have FDA market
`authorization.
`C.
`Defendants’ Infringing Acts
`40.
`Upon information and belief, Defendants, and each of them, are manufacturing,
`selling, offering to sell, and/or importing into the U.S. vape devices, liquid flavoring and smoking
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`and/or vaping accessories.
`41.
`Upon information and belief, Defendants, and each of them, are selling and/or
`offering to sell these products using the name “juucy.”
`42.
`True and correct images of the written materials provided at Defendants’
`CHAMPS Show exhibit booth are included in the body of this Complaint and are attached hereto
`as Exhibit K.
`43.
`Although Defendants, and each of them, have created a slight variation by spelling
`“juucy” with two “u” letters instead of with the letters “ui,” the word is written in a cursive style
`font that makes the word look at first glance like it is spelled “ui” and, more importantly, conveys
`to the consumer that the name is pronounced “juicy.”
`44.
`The intent to have the word “juucy” pronounced like “juicy” is further evidenced
`by the name “Juucy juice” for one of Defendants’ products.
`45.
`The identical pronunciation of these competing product lines appears to be an
`intentional choice designed to enhance consumer confusion and permit Defendants’, and each of
`them, to benefit from BBK’s sterling reputation.
`46.
`The decision to use the word “juucy” appears to be purposefully calculated to trade
`off the goodwill and notoriety BBK has developed in its JUICY Brand Products.
`47.
`There is substantial likelihood of confusion between whether the JUICY Brand
`Products identified by the BBK Family of JUICY Marks have the same source, affiliation and/or
`sponsorship with Defendants’ Products offered for sale by Defendants, and each of them.
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`48.
`On February 3, 2022, Defendants, and each of them, were observed to be operating
`the Juucy Booths at CHAMPS.
`49.
`The Juucy Booths are two practically identical booths at CHAMPS that displayed
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`the infringing products and accompanying signage below (the “Juucy Booths”):
`
`50.
`The signage at the Juucy Booths included “Juucy®,” conveying the impression
`that the “Juucy” name is registered with the PTO as a trademark.
`51.
`The “Juccy” is not registered with the PTO as a trademark.
`52.
`At the Juucy Booths, Defendants, and each of them, marketed, sold, and/or offered
`for sale Defendants’ Juucy-branded products, including vaporizers, liquid flavoring for tobacco
`and other smoking-related products.
`53.
`The marketing materials and samples being provided by Defendants, and each of
`them, at the Juucy Booths expressly tie back to the same address Defendants, and each of them,
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`Case 2:22-cv-00215-GMN-DJA Document 1 Filed 02/04/22 Page 9 of 25
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`provided to the Florida Secretary of State, namely 470 Ansin Blvd., Hallandale Beach, FL 33009:
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`54.
`The marketing materials and sample products being distributed at CHAMPS by
`Defendants, and each of them, included the following:
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`Case 2:22-cv-00215-GMN-DJA Document 1 Filed 02/04/22 Page 10 of 25
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`55.
`Defendants, and each of them, have infringed on BBK’s trademark rights in the
`BBK Family of JUICY Marks and the Registered Marks in the BBK Family of JUICY Marks by
`making, using, promoting, advertising, distributing, selling, and offering to sell, JUUCY Products
`using the name JUUCY (the “JUUCY Name”).
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`56.
`Defendants, and each of them, display, promote, and make available for sale the
`JUUCY Products using the JUUCY Name in the same manner that BBK and others display,
`promote and make available for sale BBK’s JUICY Brand Products using the BBK Family of
`JUICY Marks and the Registered Marks in the BBK Family of JUICY Marks.
`57.
`Upon information and belief, Defendants, and each of them, are using, and have
`used, the JUUCY Name intentionally to trade upon the goodwill and substantial recognition
`associated with the JUICY Brand Products offered under the BBK Family of JUICY Marks and
`the Registered Marks in the BBK Family of JUICY Marks.
`58.
`Upon information and belief, Defendants, and each of them, use the JUUCY Name
`to associate the JUUCY Products with the JUICY Brand Products or otherwise trade upon BBK’s
`reputation.
`59.
`Furthermore, as shown in Paragraph 54 above, Defendants, and each of them,
`wrongfully and deliberately included the ® registration symbol next to the JUUCY Name on
`signage, product, and lanyards.
`60.
`A query of the PTO’s Trademark Electronic Search System (TESS) reveals that
`there are no registrations or applications pending for the mark “JUUCY.”
`61.
`Upon information and belief, the Defendants, and each of them, knowingly and
`intentionally misrepresented the JUUCY Name as having been registered by the PTO to create
`further association with the JUICY Brand Products offered under the BBK Family of JUICY
`Marks, particularly the Registered Marks in the BBK Family of JUICY Marks.
`62.
`Upon information and belief, the use of the JUUCY Name by Defendants, and
`each of them, causes, or is reasonably likely to cause, consumer confusion, mistake, or deception
`regarding the origin, association or sponsorship of Defendants’ Products, including the JUUCY
`Products.
`63.
`Upon information and belief, the use of the JUUCY Name by Defendants, and
`each of them, causes, or is reasonably likely to cause, consumers and potential customers to
`believe erroneously that the JUUCY Products are put out by and/or sponsored or associated with
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`products originating from BBK when, in fact, the JUUCY Products are not.
`64.
`Further enhancing the likelihood of confusion, Defendants, and each of them,
`market their JUUCY Products to the same consumers as BBK. Evidencing this overlap, both BBK
`and JUUCY are exhibitors at the 2022 CHAMPS trade show.
`65. Moreover, by selling products without FDA approval under the JUUCY Name,
`Defendants’, and each of them, are creating the risk that consumers, and others, will conclude,
`erroneously, that BBK is selling products without the required FDA market authorization.
`66.
`Defendants’, and each of their, acts outlined herein cause, have caused, and/or are
`reasonably likely to cause, BBK to suffer irreparable injury to its business and substantial loss of
`goodwill and reputation unless and until a court order enjoins Defendants, and each of them, from
`continuing to commit the wrongful actions outlined herein.
`
`COUNT 1
`(Federal Trademark Infringement)
`(15 U.S.C. § 1114)
`67.
`BBK realleges and incorporates by reference all allegations contained in this
`Complaint as though fully set forth herein.
`68.
`This is an action for trademark infringement arising under 15 U.S.C. § 1114.
`69.
`BBK owns the Registered Marks in the BBK Family of JUICY Marks and uses
`those marks in commerce in connection with its JUICY Brand Products.
`70.
`Upon information and belief, Defendants, and each of them, did not start using the
`JUUCY Name until sometime after 2020.
`71.
`BBK’s earliest use of the Registered Marks in the BBK Family of JUICY Marks
`began in 2001, which is long before Defendants’, and each of their, first use of the JUUCY Name
`sometime after 2020.
`72.
`Defendants’, and each of their, use in commerce of the JUUCY Name is a
`colorable imitation of the Registered Marks in the BBK Family of JUICY Marks in connection
`with the selling, offering for sale, distributing, and/or advertising of Defendants’ electronic
`cigarette and vape products using the JUUCY Name.
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`73.
`Defendants, and each of them, offer their smoking-related products using the
`JUUCY Name in the same channels of trade as BBK offers its JUICY Brand Products using the
`Registered Marks in the BBK Family of JUICY Marks.
`74.
`Upon information and belief, Defendants, and each of them, have actual
`knowledge of BBK’s ownership and prior use of the BBK Family of JUICY Marks and the
`Registered Marks in the BBK Family of JUICY Marks, and, without BBK’s consent, has willfully
`violated 15 U.S.C. § 1114 et seq.
`75.
`Defendants’, and each of their, acts caused, or are likely to cause, confusion,
`mistake, or deception because it is likely that the public will mistakenly believe that the JUUCY
`Products sold or offered using the JUUCY Name have their source or origin with BBK or are in
`some manner approved by, associated with, sponsored by or connected with BBK, all in violation
`of 15 U.S.C. §§ 1114 et seq.
`76.
`Upon information and belief, Defendants’, and each of their, actions were
`undertaken willfully, and with the intent to confuse and deceive the public.
`77.
`Defendants, and each of them, have damaged, or may damage, BBK’s business,
`reputation and goodwill and has interfered, or may interfere, with BBK’s use of the Registered
`Marks in the BBK Family of JUICY Marks and sale of its JUICY Brand Products.
`78.
`Defendants, and each of them, have caused, and unless enjoined, will continue to
`cause, irreparable harm and injury to BBK for which there is no adequate remedy at law.
`79.
`Pursuant to 15 U.S.C. § 1116, Defendants, and each of them, should be
`permanently enjoined from using the JUICY Name or variants thereof, to identify Defendants’
`Products, including the JUUCY Products, or other products or services identical or related to the
`BBK Products or otherwise infringing on BBK’s trademark rights in the Registered Marks in the
`BBK Family of JUICY Marks.
`80.
`Pursuant to 15 U.S.C. § 1117, BBK is entitled to recover from Defendants, and
`each of them,:
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`a.
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`All profits received by Defendants, and each of them, from their use of the
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`JUICY Name or variants thereof to identify Defendants’ Products, including the JUUCY
`Products, or other products or services identical or related to the JUICY Brand Products;
`b.
`Damages sustained by BBK due to Defendants’, and each of their, use of
`the JUICY Name or variants thereof to identify Defendants’ Products, including the JUUCY
`Products, or other products or services identical or related to the JUICY Brand Products;
`c.
`Exceptional damages for intentional infringement, bad faith, and willful
`conduct, equal to three times profits or damages, whichever is greater; and
`d.
`All costs of this action, including attorneys’ fees.
`81.
`Pursuant to 15 U.S.C. § 1118, BBK is also entitled to an order from this Court
`compelling Defendants, and each of them, to destroy all materials bearing the JUUCY Name or
`variants thereof to identify Defendants’ Products, including the JUUCY Products, or other
`products or services identical or related to the BBK JUICY Brand Products.
`
`COUNT 2
`(Federal False Designation of Origin and Representation)
`(15 U.S.C. § 1125(a))
`82.
`BBK re-alleges and incorporates by reference all allegations contained in this
`Complaint as though fully set forth herein.
`83.
`This is an action for false designation of origin arising under 15 U.S.C. § 1125(a).
`84.
`BBK has common law and federal registered rights in the BBK Family of JUICY
`Marks though use by BBK of the BBK Family of JUICY Marks and the Registered Marks in the
`BBK Family of JUICY Marks in connection with the sale and offering for sale of the JUICY
`Brand Products.
`85.
`BBK’s earliest use of a mark in the BBK Family of JUICY Marks began in 2001,
`which is long before Defendants’ first use of the JUUCY name sometime after 2020.
`86.
`Defendants’, and each of their, use of the JUUCY Name for products that are
`related to smoking and do not originate or are not otherwise associated with BBK constitutes a
`false designation of origin.
`87.
`BBK did not authorize Defendants, and each of them, to use the JUUCY Name for
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`the JUUCY Products, or in the advertising of them.
`88.
`Defendants’, and each of their, use of the JUUCY Name to identify the JUUCY
`Products is a false designation of origin that has caused, or is likely to cause, confusion, mistake,
`and deception as to the affiliation, connection or association between the JUUCY Products and
`the goods, services and commercial activities of BBK, all in violation of 15 U.S.C.
`§ 1125(a)(1)(A).
`89.
`Defendants’, and each of their, conduct has deprived and will continue to deprive
`BBK of the ability to control the consumer perception of its products and services offered under
`the BBK Family of JUICY Marks and the Registered Marks in the BBK Family of JUICY Marks,
`placing the valuable reputation and goodwill of BBK in the hands of Defendants, and each of
`them.
`
`90.
`Upon information and belief, Defendants, and each of them, infringed, and have
`infringed, on BBK’s trademark rights for the JUICY Brand Products with the intent to: compete
`against BBK; trade on BBK’s reputation and goodwill by causing consumer confusion and
`mistake; and deceive the public into believing that the JUUCY Products are associated with,
`sponsored by, or approved by BBK, when they are not.
`91.
`Upon information and belief, Defendants, and each of them, have actual
`knowledge of BBK’s ownership and prior use of the BBK Family of JUICY Marks and the
`Registered Marks in the BBK Family of JUICY Marks, and, without BBK’s consent, have
`willfully violated 15 U.S.C. § 1125(a).
`92.
`Defendants’, and each of their, aforementioned acts have irreparably injured BBK
`in an amount to be determined at trial. Such irreparable injury will continue unless and until
`Defendants, and each of them, are permanently enjoined by this Court from further violation of
`BBK’s rights, for which BBK has no adequate remedy at law.
`93.
`Pursuant to 15 U.S.C. § 1116, Defendants, and each of them, should be
`permanently enjoined from using the JUICY Name or variants thereof to identify Defendants’
`Products, including the JUUCY Products, or other products or services identical or related to the
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`BBK Products, or otherwise infringing on the BBK Family of JUICY Marks and the Registered
`Marks in the BBK Family of JUICY Marks.
`94.
`Pursuant to 15 U.S.C. § 1117, BBK is entitled to recover from Defendants, and
`each of them:
`
`a.
`Defendants’, and each of their, profits from selling Defendants’ Products,
`including the JUUCY Products, using the JUICY Name or any variants thereof to identify
`Defendants’ Products or other products or services identical or related to the BBK Products;
`b.
`BBK’s actual damages, including, but not limited to, BBK’s added
`advertising costs necessitated by Defendants’, and each of their, sale of Defendants’ Products
`using the JUICY Name or any variants thereof to identify Defendants’ Products, including the
`JUUCY Products, or other products or services identical or related to the BBK Products;
`c.
`Exceptional damages for intentional infringement, bad faith, and willful
`conduct, equal to three times profits or damages, whichever is greater; and,
`d.
`The costs of this action, including attorneys’ fees.
`95.
`Furthermore, BBK seeks an order from this Court under 15 U.S.C. § 1118
`compelling Defendants, and each of them, to destroy all materials bearing the JUUCY Name or
`any variants thereof that identify Defendants’ Products, including the JUUCY Products, or other
`products or services identical or related to the BBK JUICY Brand Products.
`
`COUNT 3
`(False Advertising – 15 U.S.C. § 1125(a)(1)(B))
`96.
`BBK re-alleges and incorporates by reference all allegations contained in this
`Complaint as though fully set forth herein.
`97.
`Through the aforementioned conduct, Defendants, and each of them, have made
`false and misleading statements of fact in commercial advertising or promotion by
`misrepresenting that the JUUCY Name is subject to a federal trademark registration when it is
`not.
`
`98.
`consumers.
`
`
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`The inclusion of a false PTO registration symbol has or has the capacity to deceive
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`99.
`The inclusion of a false PTO registration symbol is a deception that has or is likely
`to have a material effect on purchasing decisions.
`100. Defendants’, and each of their, products affect interstate commerce, as
`demonstrated by Defendants’, and each of their, attendance at the CHAMPS Show for the purpose
`of marketing, promoting, and selling their products to customers from numerous states.
`101. Defendants’, and each of their, actions constitute false advertising and a violation
`of 15 U.S.C. § 1125(a)(1)(B).
`102. Defendants’, and each of their, false advertising has caused substantial and
`irreparable damage and injury to BBK for which BBK has no adequate remedy at law.
`103. Accordingly, BBK is entitled to judgment awarding it preliminary and permanent
`injunctive relief, treble damages, disgorgement of profits, attorneys’ fees, costs, and any such
`other relief as the Court may deem just and proper.
`
`COUNT 4
`(Trademark Infringement under Nevada Common Law)
`104. BBK re-alleges and incorporates by reference all allegations contained in the
`above paragraphs of this Complaint, as though fully set forth herein.
`105. This cause of action for infringement arises under the common law of Nevada.
`106. BBK and Defendants, and each of them, are engaged in the sale of goods that target
`the consumer group interested in smoking-related products, namely electronic cigarettes and vape
`devices.
`107. BBK has common law rights in Nevada to the BBK Family of JUICY Marks
`through BBK’s use of the BBK Family of JUICY Marks in Nevada.
`108. BBK owns the BBK Family of JUICY Marks that were used, in some instances,
`in commerce in Nevada since 2001.
`109. Upon information and belief, Defendants’, and each of their, use the JUUCY
`Name in connection with the sale, or offering for sale, of smoking-related products in Nevada or
`elsewhere.
`110. Defendants’, and each of their, use of the JUUCY Name and variants thereof is
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`likely to cause confusion, mistake, or deception as to source, origin, sponsorship, or approval of
`the JUUCY Products, and constitutes infringement of the BBK Family of JUICY Marks under
`the common law of Nevada.
`111. By its actions, Defendants, and each of them, have infringed the BBK Family of
`JUICY Marks deliberately in Nevada and with the intention of wrongfully trading on the goodwill
`and reputation symbolized by the BBK Family of JUICY Marks in Nevada.
`112. As a result of Defendants’, and each of their, aforesaid conduct, BBK