Case 2:22-cv-04384 Document 1 Filed 07/26/22 Page 1 of 17 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF NEW YORK
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`---------------------------------------------------------------- x
`
`SILVER DEALS LLC,
`
`Plaintiff,
`
`v.
`
`ULAI HEALTH LLC, CHANHEE PAUL KANG,
`and PHARBEST PHARMACEUTICALS, INC.,
`
`Defendants.
`---------------------------------------------------------------- x
`
`Civil Action No. 22-cv-4384
`
`COMPLAINT AND JURY TRIAL
`DEMAND
`
`Electronically Filed
`
`:::::::::::::
`
`Plaintiff Silver Deals, LLC (“Plaintiff”), by and through its counsel, hereby brings this
`
`Complaint against Ulai Health LLC (“Ulai”), Chanhee Paul Kang (together with Defendant Ulai,
`
`“Ulai Defendants”), and Pharbest Pharmaceuticals, Inc. (“Pharbest”) (individually and
`
`collectively, “Defendants”) and alleges as follows:
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`PARTIES
`
`1.
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`Plaintiff is a limited liability company existing under the laws of the State of New
`
`York, with an address at 22 Lizensk Boulevard, Unit 101, Monroe, New York 10950.
`
`2.
`
`On information and belief, Defendant Ulai Health LLC is limited liability
`
`company existing under the laws of the State of Virginia, with an address at 5799 Burke Centre
`
`Parkway, Suite L, Burke, Virgina 22015.
`
`3.
`
`On information and belief, Defendant Chanhee Paul Kang is a member or
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`manager of Defendant Ulai Health LLC and has a registered office address of 5799 Burke Centre
`
`Parkway, Suite L, Burke, Virgina 22015.
`
`-1-
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`

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`Case 2:22-cv-04384 Document 1 Filed 07/26/22 Page 2 of 17 PageID #: 2
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`4.
`
`On information and belief, Defendant Pharbest Pharmaceuticals, Inc. is a
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`corporation existing under the laws of the State of New York, with an address at 14 Engineers
`
`Lane, Farmingdale, New York 11735.
`
`JURISDICTION AND VENUE
`
`5.
`
`The Court has subject matter jurisdiction over this action pursuant to the Federal
`
`Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202; the Trademark Act of 1946, as
`
`amended, 15 U.S.C. § 1051 et seq., including 15 U.S.C. § 1121; and 28 U.S.C. §§ 1331, 1338,
`
`and 1367.
`
`6.
`
`Furthermore, Defendants are subject to general and specific jurisdiction in this
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`Court, inter alia, because they conduct business in this District and have committed at least some
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`of the acts complained of herein within this District.
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`7.
`
`On information and belief, Defendant Pharbest is a manufacturer, and the Ulai
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`Defendants are wholesale distributors, of pharmaceutical products and regularly solicit business
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`from, do business with, and/or derive revenue from consumers in New York; Defendants have
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`substantial and continuous contacts with New York; and Defendants otherwise avail themselves
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`of the privilege of doing business in the State of New York and in this District.
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`8.
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`Defendants have purposely directed their activities, including the illegal acts
`
`against Plaintiff described below, toward this District and this action arises from those activities.
`
`9.
`
`Specifically, at all relevant times, Defendants were aware that Plaintiff resided in
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`New York and that their illegal acts would cause harm to Plaintiff in New York. Specifically,
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`Plaintiff’s Amazon storefront identifies Plaintiff’s place of business in New York.
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`10.
`
`Venue in this District is proper under 28 U.S.C. §1391(b) because a substantial
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`part of the events giving rise to the claims occurred in this District and Defendants are subject to
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`personal jurisdiction in this District.
`
`-2-
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`

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`Case 2:22-cv-04384 Document 1 Filed 07/26/22 Page 3 of 17 PageID #: 3
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`BACKGROUND FACTS
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`11.
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`On information and belief, Defendant Pharbest is the manufacturer of
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`pharmaceuticals (“Pharbest Products”).
`
`12.
`
`On information and belief, Defendant Pharbest is the owner of U.S. Trademark
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`Registration No. 6306639 for PHARBEST word and design mark (“the Pharbest Registration”).
`
`13.
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`On information and belief, Defendant Ulai is a wholesale distributor of, inter alia,
`
`pharmaceuticals and nutritional supplements, including Pharbest Products.
`
`14.
`
`On information and belief, Defendant Ulai is the owner of U.S. Trademark
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`Registration No. 5930566 for ULAI (“the Ulai Registration”).
`
`15.
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`On information and belief, Defendant Pharbest is a contracted manufacturer of
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`Pharbest Products for Defendants.
`
`16.
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`Plaintiff is in the business of lawfully acquiring and re-selling various health and
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`beauty products for a profit, including Pharbest Products.
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`17.
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`Plaintiff purchases Pharbest Products directly from the manufacturer, Defendant
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`Pharbest.
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`18.
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`The Pharbest Products acquired and re-sold by Plaintiff are not materially
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`different from the Pharbest Products sold by Defendants.
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`19.
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`Plaintiff resells products, including Pharbest Products, through an Amazon
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`storefront, “VerSure.”
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`20.
`
`Since its formation, Plaintiff has served hundreds of thousands of customers
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`through its Amazon storefront.
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`21.
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`Defendants’ illegal actions have irreparably damaged, and threaten to destroy,
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`Plaintiff’s successful business.
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`-3-
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`

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`Case 2:22-cv-04384 Document 1 Filed 07/26/22 Page 4 of 17 PageID #: 4
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`ONLINE MARKETPLACES
`
`22.
`
`23.
`
`Upon information and belief, Amazon is the world’s largest online retailer.
`
`According to published reports, “Amazon’s market cap alone is bigger than the
`
`nine biggest U.S. retailers put together.” Dorothy Neufeld, Visualizing the Size of Amazon, the
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`World’s Most Valuable Retailer, Visual Capitalist (July 2, 2020),
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`https://www.visualcapitalist.com/amazon-worlds-most-valuable-retailer/.
`
`24.
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`Amazon’s online e-commerce platform allows for third parties, like Plaintiff, to
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`sell products on its e-commerce platform.
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`25.
`
`The privilege of selling on Amazon is highly advantageous, as Amazon provides
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`third parties with exposure to the world marketplace on a scale that no other online retailer can
`
`currently provide.
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`26.
`
`Plaintiff has had a contractual and business relationship with Amazon, such that
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`Plaintiff was and is permitted to sell products on Amazon's e-commerce platform.
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`27.
`
`Third-party sellers, like Plaintiff, create an online storefront on Amazon. When a
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`customer buys a product on Amazon, the customer can see the online store from which the
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`customer is purchasing a product. Thus, Plaintiff has the online equivalent of a brick-and-mortar
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`store.
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`28.
`
`A significant portion of Plaintiff’s business is derived from the sale of products on
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`Amazon and, in particular, through its Amazon storefront.
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`29.
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`Once Plaintiff acquires products from reputable sources, Plaintiff resells the same
`
`products on Amazon at a profit.
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`30.
`
`In general, transactions on Plaintiff’s Amazon storefront are completed by
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`Amazon, whereby Amazon ships Plaintiff’s products from an Amazon warehouse (known as
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`“Fulfilment by Amazon” or “FBA”).
`
`-4-
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`

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`Case 2:22-cv-04384 Document 1 Filed 07/26/22 Page 5 of 17 PageID #: 5
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`31.
`
`Plaintiff has invested significant efforts into building a successful and reputable
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`Amazon storefront.
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`32.
`
`Plaintiff’s Amazon storefront has amassed over one-hundred thousand reviews
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`and holds a 100% positive lifetime rating.
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`33.
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`A small sample of Plaintiff’s recent reviews are shown below:
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`34.
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`Any harm that comes to the relationship between Plaintiff and Amazon creates a
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`potential for serious and irreparable injury to Plaintiff.
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`DEFENDANTS’ ATTEMPT TO STIFLE COMPETITION BY FILING FALSE
`INTELLECTUAL PROPERTY COMPLAINTS
`
`35.
`
`On information and belief, the Ulai Defendants seek to increase its profits by
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`controlling the distribution and pricing of products, including Pharbest Products, through
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`unlawful means.
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`36.
`
`As demonstrated below, the Ulai Defendants have engaged in a coordinated effort
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`to preclude select third parties, including Plaintiff, from reselling genuine Pharbest Products on
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`online marketplaces by making false allegations of intellectual property infringement and by
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`making defamatory statements.
`
`-5-
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`

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`Case 2:22-cv-04384 Document 1 Filed 07/26/22 Page 6 of 17 PageID #: 6
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`37.
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`On information and belief, the purpose of these false complaints and defamatory
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`statements was to damage Plaintiff’s reputation and goodwill, such that Amazon would suspend
`
`or terminate its relationship with Plaintiff, thereby preventing Plaintiff from selling genuine
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`Pharbest Products on Amazon.
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`38.
`
`Because Plaintiff sells only genuine Pharbest Products through its Amazon
`
`storefront that are not materially different from the Pharbest Products sold by Defendants, none
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`of the Defendants have any legitimate intellectual property claim(s) against Plaintiff.
`
`39.
`
`Under the first sale doctrine, Plaintiff is lawfully permitted to resell Pharbest
`
`Products without violating the intellectual property rights or other legal rights of Defendants.
`
`40.
`
`The first sale doctrine provides that, once a manufacturer places a product in the
`
`stream of commerce through its first sale, it can no longer enforce its intellectual property rights
`
`with regard to resellers, so long as the resellers are selling authentic, unaltered products.
`
`41.
`
`It is well-known among brand owners that Amazon has a policy of acting on
`
`virtually any notice of intellectual property infringement, whether legitimate or not.
`
`42.
`
`As one Amazon expert explained:
`
`In order to meet a minimum liability standard, Amazon will act upon properly
`submitted and completed notice claims of infringement. They will notify specified
`marketplace sellers which party reported them, on what listing, and how to reach
`that would-be rights owner via email. The rest though, is up to you. And, unless
`you (and possibly your legal team) can prove that the Notice claim is false, Amazon
`considers it valid and actionable.
`
`Unfortunately, word is out among potential Notice claim abusers that anyone can
`submit a form. Amazon [is] not worried about additional vetting or verification
`processes. Investigators merely check the form for completed content in all the right
`spaces, kill the listings and send off the notifications.
`
`They don’t independently verify that any of the information is actually correct, or
`valid. The rights owner makes a legally-binding declaration in the form, and signs
`it.
`
`-6-
`
`

`

`Case 2:22-cv-04384 Document 1 Filed 07/26/22 Page 7 of 17 PageID #: 7
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`See Chris McCabe, False Infringement Claims are Rife on Amazon, WebRetailer (Apr. 11,
`
`2018), https://www.webretailer.com/lean-commerce/false-infringement-claims-amazon/
`
`(emphasis added).
`
`43.
`
`On information and belief, the Ulai Defendants were, at all relevant times, aware
`
`of the foregoing Amazon policy with respect to reports of intellectual property infringement.
`
`44.
`
`On information and belief, the Ulai Defendants were, at all relevant times, aware
`
`that Amazon acts on reports of counterfeit products, regardless of the truth of the report.
`
`45.
`
`The Ulai Defendants filed multiple false complaints with Amazon that alleged
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`that Plaintiff was selling counterfeit Pharbest Products.
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`46.
`
`The Ulai Defendants knew, or should have known, that such allegations were
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`false.
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`47.
`
`Each complaint submitted to Amazon was signed under penalty of perjury by an
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`employee or agent of the Ulai Defendants.
`
`48.
`
`For example, when submitting an infringement report to Amazon, an intellectual
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`property rights owner must read and accept the following statements:
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`“I have a good faith belief that the content(s) described above violate(s) my rights
`described above or those held by the rights owner, and that the use of such
`content(s) is contrary to law.”
`
`“I declare, under penalty of perjury, that the information contained in this
`notification is correct and accurate and that I am the owner or agent of the owner
`of the rights described above.”
`
`Report Infringement, Amazon, https://www.amazon.com/report/infringement (last visited
`
`October 31, 2019).
`
`49.
`
`Once confirmed through discovery, all other individual(s) responsible for the false
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`complaints described below, will be added as defendants in this action.
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`-7-
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`

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`Case 2:22-cv-04384 Document 1 Filed 07/26/22 Page 8 of 17 PageID #: 8
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`50.
`
`For example, on or about March 10, 2022, Plaintiff received a notice from
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`Amazon stating as follows:
`
`Hello,
`
`We received a report from a rights owner that you are listing counterfeit products.
`Sellers on Amazon..com are not allowed to create listings or detail pages for
`counterfeit goods.
`
`We removed the content listed at the end of this email. We may let you list this
`product again if we receive a retraction from the rights owner. Their contact
`information can be found below.
`
`Anna Park
`your.resume6555@gmail.com
`
`How do I reactivate my listing?
`Please visit the Account Health page in Seller Central
`(https://sellercentral.amazon.com/performance/dashboard?ref=ah_em_nr) to
`appeal this listing deactivation. Please click on the “Appeal” link next to the
`listing in the “Product and Policy Violations" section on the account health page.
`
`If the rights owner does not retract their complaint, or you do not provide
`supporting information, we may provide your contact information to the rights
`owner upon their request.
`
`We consider allegations of counterfeit a serious matter and your account is under
`review. If we receive more complaints about your listings, we may not allow you
`to sell on Amazon.com.
`
`To learn more about this policy, search for “Intellectual Property Violations” in
`Seller Central Help.
`ASIN: B0879CVM2Z
`Title: Senna Tablets 100 Ct. ! Natural Vegetable Laxative [Made in USA] !
`Laxatives for Constipation, Colon Cleanser, Detox Cleanse, Constipation Relief
`for Adults Kids 8.6mg, Stool Softener Plus (1 Bottle)
`Infringement type: Counterfeit
`Trademark: 5930566
`Complaint ID: 9755081191
`
`51.
`
`The above report relates to a Pharbest Product, which is referenced by its Amazon
`
`Standard Identification Numbers (“ASIN”).
`
`-8-
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`

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`52.
`
`53.
`
`The Pharbest Product identified in the above report was genuine.
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`On information and belief, prior to filing the above complaint, the Ulai
`
`Defendants knew, or should have known, that the Pharbest Product sold by Plaintiff was not
`
`counterfeit and did not infringe the Ulai Registration and/or the Pharbest Registration.
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`54.
`
`On information and belief, the Ulai Defendants’ allegation that the above Pharbest
`
`Product was counterfeit was knowingly false and made in bad faith.
`
`DEFENDANTS REFUSE TO CEASE SUBMITTING
`FALSE COMPLAINTS TO AMAZON
`
`55.
`
`The above false report is part of an ongoing and continuous course of conduct by
`
`the Ulai Defendants to interfere with Plaintiff’s ability to resell Pharbest Products.
`
`56.
`
`On or about March 10, 2022, the Ulai Defendants filed a series of false
`
`complaints with Amazon alleging sales of counterfeit Pharbest Products, resulting in suspension
`
`of at least six of Plaintiff’s listings.
`
`57.
`
`On or about June 29, 2022, Plaintiff wrote to all Defendants requesting that
`
`Defendants retract the false complaints, as the Pharbest Products it sold were not counterfeit.
`
`58.
`
`The Ulai Defendants responded that they would retract the complaints “out of
`
`good will” if Plaintiff agreed to no longer sell any products on Ulai’s Amazon listings.
`
`59.
`
`Plaintiff confirmed in writing that it would refrain from sales on Ulai’s product
`
`listings on Amazon.
`
`60.
`
`On or about July 19, 2022, when the complaints had still not been retracted,
`
`Plaintiff’s counsel wrote to the Ulai Defendants again requesting that the Ulai Defendants
`
`immediately retract the false complaints.
`
`61.
`
`To date, the Ulai Defendants have failed to retract the false complaints.
`
`-9-
`
`

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`HARM TO PLAINTIFF
`
`62.
`
`As a result of each of the above false intellectual property complaints submitted to
`
`Amazon, Plaintiff’s listings relating to the Pharbest Products were suspended, resulting in an
`
`immediate loss of revenue.
`
`63.
`
`It is well-known that complaints to Amazon put Amazon sellers in jeopardy of a
`
`full selling suspension, meaning that Plaintiff’s ability to sell any and all products on Amazon
`
`would be lost.
`
`64.
`
`On information and belief, the Ulai Defendants were aware that complaints to
`
`Amazon, particularly those alleging trademark infringement, result in selling suspensions.
`
`65.
`
`On information and belief, the Ulai Defendants have used these same tactics,
`
`namely filing false intellectual property complaints, against other Amazon sellers.
`
`66.
`
`At no time has Plaintiff ever sold Pharbest Products that infringed any of
`
`Defendants’ intellectual property or other legal rights.
`
`67.
`
`The Pharbest Products sold by Plaintiff were, at all times, authentic products
`
`bearing the name of the manufacturer, and were otherwise, at all times, sold lawfully.
`
`68.
`
`69.
`
`The Ulai Defendants knowingly made false complaints against Plaintiff.
`
`Upon information and belief, the true purpose of these complaints was to ensure
`
`the suspension of Plaintiff’s marketplace listings, control pricing and eliminate fair competition.
`
`70.
`
`As a result of the Ulai Defendants’ false complaints, Plaintiff’s performance
`
`metrics were irreparably damaged.
`
`71.
`
`It is well-known that as much as 90% of all Amazon sales occur from Amazon’s
`
`“buy box,” a section of an Amazon product detail page where customers can add a product to
`
`their cart.
`
`-10-
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`

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`72.
`
`Amazon determines which seller gets the “buy box” based on a number of factors,
`
`including the seller’s performance metrics.
`
`73.
`
`The Ulai Defendants’ false complaints have damaged Plaintiff’s metrics and
`
`caused Plaintiff to lose the “buy box” on many of its product listings.
`
`COUNT I - DECLARATORY JUDGMENT OF NON-INFRINGEMENT
`
`(No Trademark Infringement)
`
`Plaintiff realleges and incorporates all previous paragraphs.
`
`Defendant Pharbest manufactures Pharbest Products and places such products into
`
`74.
`
`75.
`
`the stream of commerce.
`
`76.
`
`Plaintiff stocks, displays, and resells new, genuine Pharbest Products, each
`
`bearing the true PHARBEST mark, the subject of the Pharbest Registration.
`
`77.
`
`The Pharbest Products sold by Plaintiff were genuine and in their original
`
`packaging.
`
`78.
`
`Plaintiff has not infringed any valid and enforceable intellectual property right
`
`owned by Defendants, including the Ulai Registration and/or Pharbest Registration.
`
`79.
`
`The Ulai Defendants’ complaints have caused the suspension of Plaintiff’s selling
`
`privileges as they relate to Pharbest Products.
`
`80.
`
`The Ulai Defendants’ complaints have put Plaintiff in jeopardy of permanent
`
`suspension of all selling privileges, which will cause extraordinary, irreparable, and untold
`
`damage on a business that is in the virtually exclusive business of selling products on e-
`
`commerce platforms.
`
`81.
`
`Under these facts, an actual, present, and justiciable controversy has arisen
`
`between Plaintiff and Defendants concerning the issue of Plaintiff’s right to sell Pharbest
`
`-11-
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`

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`Case 2:22-cv-04384 Document 1 Filed 07/26/22 Page 12 of 17 PageID #: 12
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`Products bearing the true PHARBEST mark, and more specifically, whether the Pharbest
`
`Products sold by Plaintiff are counterfeit and infringe any of Defendants’ trademarks.
`
`82.
`
`Plaintiff is entitled to a declaratory judgment that it has not violated Defendants’
`
`trademark rights or other rights, whether under Federal or State law.
`
`COUNT II – DEFAMATION
`
`Plaintiff realleges and incorporates all previous paragraphs.
`
`The Ulai Defendants published false statements to Amazon regarding Plaintiff as
`
`83.
`
`84.
`
`described in this Complaint, including reporting to Amazon that Plaintiff sold counterfeit
`
`Pharbest Products.
`
`85.
`
`Plaintiff did not sell counterfeit Pharbest Products or infringe the Ulai
`
`Registration or Pharbest Registration.
`
`86.
`
`The Ulai Defendants’ false statements were injurious to Plaintiff’s business
`
`because they caused Amazon to suspend Plaintiff’s selling privileges related to the Pharbest
`
`Products.
`
`87.
`
`The Ulai Defendants’ false statements were injurious to Plaintiff’s business
`
`because they caused Amazon and Plaintiff’s customers to avoid purchasing products from
`
`Plaintiff.
`
`88.
`
`Upon information and belief, the Ulai Defendants were, at a minimum, negligent
`
`in making the false statements to Amazon because, among other things, the Ulai Defendants
`
`knew that Plaintiff sells genuine products.
`
`89.
`
`90.
`
`The Ulai Defendants’ false statements are not protected by any privilege.
`
`The Ulai Defendants acted with actual malice or with reckless disregard for the
`
`truth of the matter contained in the Ulai Defendants’ false statements to Amazon and Plaintiff’s
`
`customers.
`
`-12-
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`

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`Case 2:22-cv-04384 Document 1 Filed 07/26/22 Page 13 of 17 PageID #: 13
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`91.
`
`False statements that are directed to the honesty, efficiency, or other business
`
`character traits amount to defamation per se.
`
`92.
`
`Here, the Ulai Defendants published statements that Plaintiff sold counterfeit
`
`Pharbest Products.
`
`93.
`
`94.
`
`The Ulai Defendants’ false statements constitute defamation per se.
`
`Additionally, Plaintiff incurred special harm, including, but not limited to,
`
`suspension from selling Pharbest Products and damage to its relationship with Amazon and its
`
`customers.
`
`95. Whether by defamation per se or by special harm, Plaintiff has suffered injury as
`
`Plaintiff’s selling privileges related to Pharbest Products have been suspended and Plaintiff has
`
`lost sales of Pharbest Products and many other products.
`
`96.
`
`97.
`
`Plaintiff is entitled to damages, costs, and fees as allowed by law.
`
`Plaintiff has suffered injury and, unless the Ulai Defendants are enjoined from
`
`such activity, will continue to suffer injury.
`
`COUNT III – TRADE LIBEL
`
`Plaintiff realleges and incorporates all previous paragraphs.
`
`The Ulai Defendants knowingly published false and derogatory statements
`
`98.
`
`99.
`
`regarding Plaintiff’s business.
`
`100.
`
`Specifically, the Ulai Defendants published false and materially derogatory
`
`statements that Plaintiff was selling counterfeit Pharbest Products.
`
`101.
`
`The Ulai Defendants’ statements that Plaintiff was selling counterfeit Pharbest
`
`Products were calculated to prevent others (including Amazon and Amazon’s customers) from
`
`doing business with Plaintiff and interfered with Plaintiff’s business relationships with these
`
`parties.
`
`-13-
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`

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`Case 2:22-cv-04384 Document 1 Filed 07/26/22 Page 14 of 17 PageID #: 14
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`102. As discussed above, on information and belief, the Ulai Defendants knew that
`
`submitting false complaints to Amazon would cause Amazon to suspend Plaintiff’s product
`
`listings.
`
`103.
`
`Plaintiff suffered special damages as a result of the Ulai Defendants’ statements in
`
`the form of lost dealings.
`
`104. As a result of the Ulai Defendants’ false complaints, Plaintiff’s product listings
`
`were removed from Amazon resulting in a direct and immediate loss in revenue.
`
`105.
`
`106.
`
`Plaintiff is entitled to damages, costs, and fees as allowed by law.
`
`Plaintiff has suffered injury and, unless the Ulai Defendants are enjoined from
`
`such activity, will continue to suffer injury.
`
`COUNT IV – TORTIOUS INTERFERENCE WITH
`CONTRACT AND BUSINESS RELATIONS
`
`Plaintiff realleges and incorporates all previous paragraphs.
`
`Plaintiff has had an advantageous business relationship with Amazon, which
`
`107.
`
`108.
`
`allows Plaintiff to sell on Amazon’s e-commerce platform as a third-party seller.
`
`109.
`
`Plaintiff is also in a contractual relationship with Amazon. Specifically, Plaintiff
`
`has entered into the Amazon Services Business Solutions Agreement (“BSA”) with Amazon.
`
`110.
`
`The BSA, including Paragraph S-1.2: (1) allows Plaintiff to list products for sale
`
`on the Amazon marketplace and promote the products; and (2) requires that Amazon process
`
`orders and remit payment to Plaintiff for sales.
`
`111. At all relevant times, the Ulai Defendants were aware of Plaintiff’s business
`
`relationship with Amazon, as well as Plaintiff’s contractual relationship with Amazon.
`
`-14-
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`Case 2:22-cv-04384 Document 1 Filed 07/26/22 Page 15 of 17 PageID #: 15
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`112. At all relevant times, the Ulai Defendants were aware of the terms and conditions
`
`of Amazon’s BSA and related policies, as well as the advantageous business relationship that
`
`comes with being an Amazon seller.
`
`113.
`
`The Ulai Defendants intentionally and improperly interfered with Plaintiff’s
`
`advantageous and contractual relationship with Amazon by complaining, in writing, to Amazon,
`
`that Plaintiff was selling counterfeit products.
`
`114.
`
`The Ulai Defendants’ conduct directly and proximately caused disruption of
`
`Plaintiff’s relationship and contract with Amazon, including a breach of Paragraph S-1.2 of the
`
`BSA.
`
`115.
`
`The Ulai Defendants intended to cause Amazon to suspend Plaintiff’s ability to
`
`sell Pharbest Products on Amazon and therefore interfere with the business relationship Amazon
`
`had with Plaintiff.
`
`116.
`
`The Ulai Defendants had actual knowledge that its actions would cause Amazon
`
`to suspend Plaintiff’s ability to sell Pharbest Products on Amazon.
`
`117.
`
`The Ulai Defendant’s accusations of counterfeiting, made directly to Amazon,
`
`were for the improper purpose of suppressing competition.
`
`118.
`
`The Ulai Defendants’ actions interfered with Plaintiff’s business relationship with
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`Amazon and proximately caused Plaintiff’s listing of Pharbest Products to be suspended.
`
`119.
`
`The Ulai Defendants’ accusations were false and were made maliciously and with
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`ill will.
`
`120.
`
`Plaintiff has been damaged by suspension of these listings by losing revenue
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`related to Pharbest Products.
`
`121.
`
`Plaintiff is entitled to damages, costs and attorneys’ fees as allowed by law.
`
`-15-
`
`

`

`Case 2:22-cv-04384 Document 1 Filed 07/26/22 Page 16 of 17 PageID #: 16
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`122.
`
`Plaintiff has suffered injury and, unless the Ulai Defendants are enjoined from
`
`such activity, will continue to suffer injury.
`
`WHEREFORE, the Plaintiff prays for judgment as follows:
`
`PRAYER FOR RELIEF
`
`A.
`
`An order declaring that Plaintiff has not infringed any valid and enforceable
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`intellectual property right owned by Defendants, including the Ulai Registration and Pharbest
`
`Registration;
`
`B.
`
`Preliminary and permanent injunctive relief restraining Defendants, their agents,
`
`servants, employees, successors and assigns, and all others in concert and privity with
`
`Defendants, from filing complaints with Amazon and any other e-commerce platform;
`
`C.
`
`Injunctive relief requiring the Ulai Defendants to rescind all complaints that they
`
`have filed against Plaintiff;
`
`D.
`
`An award of all damages that Plaintiff has suffered as a result of the Ulai
`
`Defendants’ defamation;
`
`E.
`
`An award of all damages that Plaintiff has suffered as a result of the Ulai
`
`Defendants’ trade libel;
`
`F.
`
`An award of all damages that Plaintiff has suffered as a result of the Ulai
`
`Defendants’ tortious interference;
`
`G.
`
`H.
`
`An award of all costs and fees incurred in this Action; and
`
`Such other and further relief as the Court shall find just and proper.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff hereby requests a jury trial for all issues triable by jury including, but not limited
`
`to, those issues and claims set forth in any amended complaint or consolidated action.
`
`-16-
`
`

`

`Case 2:22-cv-04384 Document 1 Filed 07/26/22 Page 17 of 17 PageID #: 17
`
`Dated: July 26, 2022
`
`Respectfully submitted,
`
`TARTER KRINSKY & DROGIN LLP
`
`By: s/ Tuvia Rotberg
`Tuvia Rotberg
`1350 Broadway
`New York, NY 10018
`Tel.:
`(212) 216-8000
`Fax:
`(212) 216-8001
`E-mail: trotberg@tarterkrinsky.com
`
`Attorneys for Plaintiff
`
`-17-
`
`