throbber
Plaintiff,
`
`v.
`
`JUUL LABS, INC.,
`
`a Delaware corporation,
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`
`
`CRYSTALS UP IN SMOKE INC.,
`
`an Ohio corporation,
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`
`
`Defendant.
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`
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`CASE NO.:
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`JUDGE:
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`Case: 1:21-cv-00405-MWM Doc #: 1 Filed: 06/14/21 Page: 1 of 15 PAGEID #: 1
`
`
`IN THE UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF OHIO
`WESTERN DIVISION
`
`
`
`COMPLAINT FOR TRADEMARK INFRINGEMENT, FALSE DESIGNATION OF
`ORIGIN, UNFAIR COMPETITION, VIOLATION OF OHIO COMMON LAW, AND
`VIOLATION OF OHIO DECEPTIVE TRADE PRACTICES ACT
`
`Plaintiff JUUL Labs, Inc. ("JLI"), by and through its undersigned attorneys, files this
`Complaint against defendant Crystals Up In Smoke Inc., an Ohio corporation ("Defendant"), as
`follows:
`
`NATURE OF THE ACTION
`JLI is the designer, manufacturer, and distributor of JUUL-branded electronic
`1.
`nicotine delivery systems ("ENDS") and other related products (collectively, the "JUUL
`Products").
`The JUUL Products have become targets for individuals and entities who wish to
`2.
`take a "free ride" on the commercial success of the JUUL brand that JLI has spent considerable
`effort and resources to build.
`illegally
`Specifically, wrongdoers have counterfeited JUUL Products by
`3.
`manufacturing, selling, and distributing fake, copied, and non-genuine versions of JUUL
`Products and related packaging.
`
`
`
`
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`

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`Through this action, JLI combats the sale and distribution of these unlawful
`4.
`counterfeit products.
`
`PARTIES
`JLI is a corporation organized and existing under the laws of the State of
`
`5.
`Delaware.
`Defendant Crystals Up In Smoke Inc. is a corporation organized and existing
`6.
`under the laws of the State of Ohio and having its principal place of business at 5729 Glenway
`Avenue, Unit C, Cincinnati, OH 45238. Defendant owns and operates the Crystal's Up In Smoke
`retail business at that location.
`
`JURISDICTION AND VENUE
`This Court has subject matter jurisdiction over this case pursuant to 15 U.S.C.
`7.
`§1121 and 28 U.S.C. §§1331, 1338(a), and 1338(b) because (i) claims herein arise out of federal
`trademark laws as codified in 15 U.S.C. §1114 and 15 U.S.C. §1125(a) (i.e., trademark
`infringement, false designation of origin, and unfair competition); and (ii) the unfair business
`practices claim herein is brought with and is related to the substantial claims based on trademark
`laws. This Court also has supplemental jurisdiction over JLI's claims arising under common law
`or state law pursuant to 28 U.S.C. §1367(a) because the claims are so related to JLI's federal law
`claims that they form part of the same case or controversy and derive from a common nucleus of
`operative facts.
`This Court has general personal jurisdiction over Defendant due to its residence
`8.
`and business activities in this judicial district. This Court has specific personal jurisdiction over
`Defendant due to the nature and quality of its actions toward the state in which this Court is
`located. The claims asserted herein arise out of and relate to such actions and this Court's
`exercise of specific personal jurisdiction over Defendant comports with traditional notions of fair
`play and substantial justice.
`Venue in this judicial district is proper for these claims pursuant to 28 U.S.C.
`9.
`§1391(b). As described herein, Defendant resides in this judicial district, a substantial part of the
`
`
`
`
`-2-
`
`

`

`Case: 1:21-cv-00405-MWM Doc #: 1 Filed: 06/14/21 Page: 3 of 15 PAGEID #: 3
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`events or omissions giving rise to these claims occurred in this judicial district, and Defendant
`has extensive contacts with this judicial district relating to JLI's claims. Defendant conducts
`regular and systematic business transactions in this judicial district, including direct sales to
`consumers in this judicial district, which violate the intellectual property rights of JLI.
`FACTUAL ALLEGATIONS COMMON TO ALL CLAIMS
`JUUL Trademarks and Products
`JLI is the exclusive owner of federally-registered, registration-pending, and
`10.
`common law trademarks. For example, JLI owns the following United States Trademark
`Registrations:
`
`Depiction of Trademark
`
`JUUL®
`

`JUULpods®
`
`Registration No.
`and Date
`4,818,664
`(09-22-2015)
`4,898,257
`(02-09-2016)
`5,918,490
`(11-26-2019)
`
`(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
`
`True and correct copies of the Registration Certificates for the above-listed
`11.
`trademarks are attached hereto as Exhibit A. Hereinafter, JLI may sometimes utilize the phrase
`"the JUUL Marks" to refer to, collectively, JLI's federally-registered, registration-pending, and
`common law trademarks.
`JLI designs, manufactures, distributes, markets, and sells JUUL Products,
`12.
`including the JUUL system comprised of: (i) a device containing a rechargeable battery, control
`circuitry and a receptacle for a cartridge or pod, (ii) a disposable cartridge or pod ("JUULpod")
`that can be inserted into the device, has a heating chamber and is prefilled with a proprietary
`nicotine e-liquid formulation, and (iii) a charger for charging the device, and related accessories.
`The JUUL Marks appear clearly on JUUL Products, as well as the packaging and
`13.
`marketing materials related to such products.
`The JUUL Marks, as well as the goodwill arising from such trademarks, have
`14.
`never been abandoned.
`
`
`
`
`-3-
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`

`

`Case: 1:21-cv-00405-MWM Doc #: 1 Filed: 06/14/21 Page: 4 of 15 PAGEID #: 4
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`JLI continues to preserve and maintain its rights with respect to the JUUL Marks,
`15.
`including those registered with the United States Patent and Trademark Office.
`Due in large part to the substantial commercial success of the JUUL Products, the
`16.
`JUUL brand is well-known to consumers and has garnered extensive coverage by the media.
`Through the extensive use of the JUUL Marks, JLI has spent substantial time,
`17.
`money, and effort in developing consumer recognition and awareness of its brand. JLI markets
`JUUL Products nationwide to current adult smokers, including through its website, and sells its
`products through its nationwide authorized network. JLI also markets and sells its products
`internationally. JLI has built up and developed significant customer goodwill in its entire
`product line and the JUUL Products are immediately identified by the JUUL Marks.
`Sales of Counterfeit Goods
`Beginning on a date that is currently unknown to JLI, Defendant, without the
`18.
`consent of JLI, has offered to sell and sold, and/or facilitated the offer and sale of, goods that
`were neither made by JLI nor by a manufacturer authorized by JLI, all by using reproductions,
`counterfeits, copies and/or colorable imitations of JUUL Products and the JUUL Marks
`("Counterfeit Goods").
`JLI has not authorized any third party, including Defendant, to make or sell
`19.
`ENDS or other types of products in connections with the JUUL Marks. The Counterfeit Goods
`sold by Defendant are therefore not manufactured in accordance with JLI's own stringent quality
`controls but are instead manufactured outside of JLI's knowledge and control, using unknown
`substances and materials,
`in unknown
`locations and with unknown manufacturing
`requirements/controls.
`The Counterfeit Goods sold by Defendant bear counterfeit and confusingly
`20.
`similar imitations of the JUUL Marks in a manner likely to be confused with genuine JUUL
`Products.
`For example, on July 15, 2020, a representative of JLI made an in-person
`21.
`purchase of a Counterfeit Good for sale at the Crystal's Up In Smoke retail business owned and
`
`
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`

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`Case: 1:21-cv-00405-MWM Doc #: 1 Filed: 06/14/21 Page: 5 of 15 PAGEID #: 5
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`operated by Defendant located at 5729 Glenway Avenue, Cincinnati, OH 45238 (the "Crystal's
`Up In Smoke Business"). A true and correct image of the product purchased on July 15, 2020 is
`attached hereto as Exhibit B. JLI subsequently inspected the product purchased on July 15, 2020
`and confirmed that the purchased product is in fact a counterfeit product.
`Cease-and-Desist Correspondence to Defendant
`On September 17, 2020, JLI's counsel mailed a cease-and-desist correspondence
`22.
`to Defendant. A true and correct copy of this correspondence is attached hereto as Exhibit C.
`This cease-and-desist correspondence provided specific notice of the following, among other
`items: (i) JLI's confirmation that goods sold by Defendant are in fact counterfeit goods; (ii) JLI's
`demand that Defendant cease the sale, manufacture, marketing, and importation of Counterfeit
`Goods and all other unauthorized use of JLI's intellectual property; (iii) JLI's ownership of the
`JUUL Marks; (iv) the statutory prohibition of the sale of Counterfeit Goods and all other
`unauthorized use of JLI's intellectual property, and JLI's right to seek monetary judgments
`against infringers; and (v) Defendant's willful infringement under federal law would be
`established by any further sales of Counterfeit Goods or any other unauthorized use of JLI's
`intellectual property.
`that
`The September 17, 2020 cease-and-desist correspondence requested
`23.
`Defendant contact JLI's counsel to discuss pre-litigation resolution of the legal issues arising
`from the sale of the Counterfeit Goods and all other unauthorized use of JLI's intellectual
`property. Defendant, however, did not contact JLI's counsel.
`Continued Sales of Counterfeit Goods
`On December 26, 2020, a representative of JLI made an in-person purchase of a
`24.
`Counterfeit Good for sale at the Crystal's Up In Smoke Business. A true and correct image of
`the product purchased on December 26, 2020 is attached hereto as Exhibit D. JLI subsequently
`inspected the product purchased on December 26, 2020 and confirmed that the purchased
`product is in fact a counterfeit product.
`
`
`
`
`-5-
`
`

`

`Case: 1:21-cv-00405-MWM Doc #: 1 Filed: 06/14/21 Page: 6 of 15 PAGEID #: 6
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`Defendant is not authorized and never has been authorized by JLI to produce,
`25.
`manufacture, distribute, market, offer for sale, and/or sell merchandise bearing the JUUL Marks,
`or any variations thereof. JLI has no control over the nature, quality, or pricing of Defendant's
`products or marketing, or any other aspect of the business conduct of Defendant.
`Defendant uses words, symbols, images, designs, and names confusingly similar
`26.
`or identical to the JUUL Marks to confuse consumers and aid in the promotion and sales of the
`Counterfeit Goods.
`Defendant's counterfeit sales outlined above are likely to deceive, confuse, and
`27.
`mislead purchasers and prospective purchasers into believing that the products are authorized by
`JLI. Purchasers and prospective purchasers using or simply viewing Defendant's Counterfeit
`Goods and who perceive a defect, lack of quality, or any other irregularity are likely to
`mistakenly attribute the issue to JLI, to the detriment of JLI's business and the JUUL brand.
`The likelihood of confusion, mistake, and deception brought about by Defendant's
`28.
`misappropriation of the JUUL Marks is causing irreparable harm to the goodwill symbolized by
`the JUUL Marks and the reputation for quality that said marks embody.
`Defendant's unauthorized use of the JUUL Marks began after JLI legally
`29.
`established the existence and significant value of such trademarks, including after JLI's adoption
`and use of the JUUL Marks and after JLI obtained the trademark registrations described above.
`Defendant's infusion of the Counterfeit Goods into the marketplace reflects
`30.
`adversely on JLI, results in economic loss to JLI including loss of sales of genuine JUUL
`Products, damages the goodwill of the JUUL brand, and thwarts JLI's honest efforts and
`considerable expenditures to promote its genuine JUUL Products using the JUUL Marks.
`COUNT ONE
`Trademark Infringement – Counterfeit Goods (15 U.S.C. §1114)
`JLI re-alleges and incorporates by this reference each and every allegation in
`31.
`paragraphs 1 through 30 as though set forth fully herein.
`
`
`
`
`-6-
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`

`

`Case: 1:21-cv-00405-MWM Doc #: 1 Filed: 06/14/21 Page: 7 of 15 PAGEID #: 7
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`The JUUL Marks, as well as the goodwill arising from such trademarks, have
`32.
`never been abandoned. The JUUL Marks appear clearly on JUUL Products, as well as the
`packaging and marketing related to such products. JLI continues to preserve and maintain its
`rights with respect to the JUUL Marks.
`Defendant's actions to sell and distribute the Counterfeit Goods which use
`33.
`spurious designations that are identical to, or substantially indistinguishable from, the JUUL
`Marks as described herein are intended to cause, have caused, and are likely to continue to cause
`confusion or mistake, or to deceive consumers, the public, and the trade into believing that the
`Counterfeit Goods are genuine or authorized JUUL Products.
`The foregoing acts of Defendant constitute direct, contributory, and/or vicarious
`34.
`trademark infringement in violation of 15 U.S.C. §1114.
`JLI has been damaged as a result of Defendant's infringement of the JUUL Marks.
`35.
`JLI alleges, on information and belief, that Defendant's sale and distribution of the Counterfeit
`Goods have resulted in lost sales to JLI, have reduced the business and profits of JLI, and have
`injured the general reputation of JLI, all to JLI's damage in an amount not yet ascertainable, but
`will be determined during this action or considered in relation to a request for statutory damages.
`JLI alleges, on information and belief, that Defendant has derived, received, and
`36.
`will continue to derive and receive from the aforesaid acts of infringement, gains, profits, and
`advantages in an amount not yet ascertainable, but will be determined during this action or
`considered in relation to a request for statutory damages.
`On information and belief, Defendant acted intentionally and/or willfully in
`37.
`infringing upon the JUUL Marks through sale and distribution of the Counterfeit Goods,
`knowing that the JUUL Marks belonged to JLI, that the Counterfeit Goods were in fact
`infringing, and that Defendant was not authorized to infringe upon the JUUL Marks through sale
`and distribution of the Counterfeit Goods.
`Defendant's spurious designation of its products also constitutes the use by
`38.
`Defendant of at least one "counterfeit mark" as defined in 15 U.S.C. §1116(d)(1)(B). Therefore,
`
`
`
`
`-7-
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`

`

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`JLI is entitled to recovery of treble damages and to an award of reasonable attorneys' fees
`pursuant to 15 U.S.C. §§1117(a) and 1117(b).
`Because Defendant's actions also constitute the use by Defendant of at least one
`39.
`"counterfeit mark" as defined in 15 U.S.C. §1116(d)(1)(B), JLI reserves the right to elect, at any
`time before final judgment is entered in this case, an award of statutory damages pursuant to 15
`U.S.C. §1117(c)(1) or (2). JLI alleges, on information and belief, that Defendant has knowingly
`and willfully engaged in the acts complained of with oppression, fraud, malice, and in conscious
`disregard of the rights of JLI. JLI is, therefore, entitled to the maximum statutory damages
`allowable.
`The acts of direct, contributory, and/or vicarious trademark infringement
`40.
`committed by Defendant have caused, and will continue to cause, JLI irreparable harm unless
`they are enjoined by this Court. On information and belief, Defendant's actions were committed
`in bad faith and with the intent to cause confusion and mistake, and to deceive the consuming
`public as to the source, sponsorship, and/or affiliation of Defendant and/or the Counterfeit
`Goods.
`
`COUNT TWO
`False Designation of Origin – Counterfeit Goods (15 U.S.C. §1125(a))
`JLI re-alleges and incorporates by this reference each and every allegation in
`41.
`paragraphs 1 through 40 as though set forth fully herein.
`Defendant's unauthorized use of the JUUL Marks, brand names, and the other
`42.
`distinctive words, symbols, slogans, color schemes, images, and designs through which
`Defendant presents its Counterfeit Goods to the market constitutes a wrongful and false
`representation to the consuming public that the Counterfeit Goods sold by Defendant originated
`from JLI or somehow are authorized by or affiliated with JLI.
`Defendant's actions as described herein constitute violation of 15 U.S.C.
`43.
`§1125(a)(1)(A), as such actions are likely to cause confusion, or to cause mistake, or to deceive
`as to the affiliation, connection, or association of Defendant with JLI and/or as to the origin,
`
`
`
`
`-8-
`
`

`

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`sponsorship, and/or approval of the Counterfeit Goods by JLI. These acts amount to false
`designations of origin.
`JLI has been damaged as a result of Defendant's actions described herein. JLI
`44.
`alleges, on information and belief, that Defendant's sale of the Counterfeit Goods has resulted in
`lost sales to JLI, has reduced the business and profits of JLI, and has greatly injured the general
`reputation and goodwill of JLI, all to JLI's damage in an amount not yet ascertainable, but will be
`determined during this action or to be considered in relation to a request for statutory damages.
`JLI alleges, on information and belief, that Defendant has derived, received, and
`45.
`will continue to derive and receive from the aforesaid acts of infringement, gains, profits, and
`advantages in an amount not yet ascertainable, but will be determined during this action or to be
`considered in relation to a request for statutory damages.
`On information and belief, Defendant acted intentionally and/or willfully in using
`46.
`the JUUL Marks on the Counterfeit Goods, knowing that the JUUL Marks belonged to JLI, that
`the Counterfeit Goods were in fact counterfeit, and that Defendant was not authorized to use the
`JUUL Marks on the Counterfeit Goods.
`Defendant's acts of violating 15 U.S.C. §1125(a), directly and/or in contributory
`47.
`or vicarious manner, have caused, and will continue to cause, JLI irreparable harm unless they
`are enjoined by this Court. On information and belief, Defendant's actions were committed in
`bad faith and with the intent to cause confusion and mistake, and to deceive the consuming
`public as to the source, sponsorship, and/or affiliation of Defendant and/or the Counterfeit
`Goods.
`
`COUNT THREE
`Unfair Competition – Counterfeit Goods (15 U.S.C. §1125(a))
`JLI re-alleges and incorporates by this reference each and every allegation in
`48.
`paragraphs 1 through 47 as though set forth fully herein.
`An express purpose of the Lanham Act is to protect commercial parties against
`49.
`unfair competition.
`
`
`
`
`-9-
`
`

`

`Case: 1:21-cv-00405-MWM Doc #: 1 Filed: 06/14/21 Page: 10 of 15 PAGEID #: 10
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`Defendant's unauthorized use of the JUUL Marks, brand names, and the other
`50.
`distinctive words, symbols, color schemes, and designs through which JLI presents its products
`to the market constitutes wrongful and unfair business practices and marketplace bad faith,
`resulting in inaccurate representations to the consuming public that the Counterfeit Goods sold
`by Defendant originated from or somehow are authorized by or affiliated with JLI. Defendant so
`acted for its own financial benefit in disregard to the harm being caused to JLI.
`Defendant's actions as described herein constitute violation of 15 U.S.C.
`51.
`§1125(a)(1)(A), as such actions are likely to cause confusion, or to cause mistake, or to deceive
`as to the affiliation, connection, or association of Defendant with JLI and/or as to the origin,
`sponsorship, and/or approval of the Counterfeit Goods by JLI. These acts amount to false
`representations to compete unfairly with JLI.
`JLI has been damaged as a result of Defendant's actions described herein. JLI
`52.
`alleges, on information and belief, that Defendant's sale of the Counterfeit Goods has resulted in
`lost sales to JLI, has reduced the business and profits of JLI, and has greatly injured the general
`reputation and goodwill of JLI, all to JLI's damage in an amount not yet ascertainable, but will be
`determined during this action or to be considered in relation to a request for statutory damages.
`JLI alleges, on information and belief, that Defendant has derived, received, and
`53.
`will continue to derive and receive from the aforesaid acts of infringement, gains, profits, and
`advantages in an amount not yet ascertainable, but will be determined during this action or to be
`considered in relation to a request for statutory damages.
`On information and belief, Defendant acted intentionally and/or willfully in using
`54.
`the JUUL Marks on the Counterfeit Goods, knowing that the JUUL Marks belonged to JLI, that
`the Counterfeit Goods were in fact counterfeit, and that Defendant was not authorized to use the
`JUUL Marks on the Counterfeit Goods.
`Defendant's acts of violating 15 U.S.C. §1125(a), directly and/or in contributory
`55.
`or vicarious manner, have caused, and will continue to cause, JLI irreparable harm unless they
`are enjoined by this Court. On information and belief, Defendant's actions were committed in
`
`
`
`
`-10-
`
`

`

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`bad faith and with the intent to cause confusion and mistake, and to deceive the consuming
`public as to the source, sponsorship, and/or affiliation of Defendant and/or the Counterfeit
`Goods.
`
`COUNT FOUR
`Trademark Infringement Under Common Law
`JLI re-alleges and incorporates by this reference each and every allegation in
`56.
`paragraphs 1 through 55 as though set forth fully herein.
`In violation of the common law of the State of Ohio, Defendant's acts described
`57.
`herein constitute trademark infringement, false designations of origin, and false or misleading
`descriptions likely to cause confusion, mistake, and deceit as to affiliation, connection, or
`association of Defendant with JLI and as the origin, sponsorship, or approval of Defendant's
`unauthorized products by JLI.
`JLI has been damaged by Defendant's acts of trademark infringement, false
`58.
`designations of origin, and false or misleading descriptions.
`The acts of trademark infringement committed by Defendant have caused, and
`59.
`will continue to cause, JLI irreparable harm unless they are enjoined by this Court. JLI has no
`adequate remedy at law and is thus damaged in an amount not yet determined.
`COUNT FIVE
`Common Law Unfair Competition
`JLI re-alleges and incorporates by this reference each and every allegation in
`60.
`paragraphs 1 through 59 as though set forth fully herein.
`Defendant's acts described herein constitute unfair competition in violation of the
`61.
`common law of the State of Ohio. Defendant's acts described herein are likely to cause
`confusion, mistake, and deceit as to affiliation, connection, or association of Defendant with JLI
`and as the origin, sponsorship, or approval of Defendant's unauthorized products by JLI
`JLI has been damaged by Defendant's acts of common law unfair competition.
`62.
`
`
`
`
`-11-
`
`

`

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`
`Defendant's actions described herein have caused, and will continue to cause, JLI
`63.
`to suffer irreparable harm unless enjoined by this Court. JLI has no adequate remedy at law and
`is thus damaged in an amount not yet determined.
`COUNT SIX
`Deceptive Acts and Trade Practices Under Section 4165.02 of the Ohio Revised Code
`JLI re-alleges and incorporates by this reference each and every allegation in
`64.
`paragraphs 1 through 63 as though set forth fully herein.
`Defendant's actions described herein constitute unfair or deceptive trade practices
`65.
`or acts in violation of Ohio Revised Code §§ 4165.02(A)(1), (2), (3), (4), (7), and (9).
`Defendant's distribution, marketing, promotion, offering for sale, and sale of Counterfeit Goods
`bearing marks confusingly similar to JUUL Products and the JUUL Marks, as alleged above, are
`materially misleading and deceptive to the consumers in Ohio. Defendant's actions described
`herein constitute trademark infringement, false designations of origin, and false or misleading
`descriptions likely to cause confusion, mistake, and deceit as to affiliation, connection, or
`association of Defendant with JLI and as the origin, sponsorship, or approval of Defendant's
`unauthorized products by JLI.
`Defendant has engaged in consumer-oriented conduct that has affected the general
`66.
`public interest of Ohio and has resulted in injury, and is likely to result in further injury, to
`consumers in Ohio.
`By the acts described herein, Defendant has willfully engaged in deceptive acts or
`67.
`practices in the conduct of its business and its furnishing of goods. On information and belief,
`Defendant has received revenues and profits as a result of its infringing uses of the JUUL Marks,
`to which Defendant is not entitled.
`JLI has been damaged by Defendant's deceptive acts or trade practices. JLI has
`68.
`suffered and continues to suffer monetary damages and loss of profits to be determined at trial
`and is entitled to recover attorneys' fees pursuant to Ohio Revised Code § 4165.03 because of
`Defendant's willful conduct.
`
`
`
`
`-12-
`
`

`

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`
`2.
`
`3.
`
`4.
`
`Defendant's actions described herein have caused, and will continue to cause, JLI
`69.
`to suffer irreparable harm unless enjoined by this Court. JLI has no adequate remedy at law and
`is thus damaged in an amount not yet determined.
`REQUEST FOR RELIEF
`WHEREFORE, JLI hereby respectfully requests the following relief against Defendant
`Crystals Up In Smoke Inc., an Ohio corporation, as follows:
`An award of Defendant's profits and JLI's damages for trademark infringement
`1.
`under 15 U.S.C §§ 1114 and 1117, trebled, in an amount to be proven at trial;
`An award of Defendant's profits and JLI's damages for false designation of origin
`under 15 U.S.C. §1125(a), trebled, in an amount to be proven at trial;
`An award of Defendant's profits and JLI's damages for unfair competition under
`15 U.S.C. §1125(a), trebled, in an amount to be proven at trial;
`An award of actual damages caused by Defendant for deceptive trade practices
`under Ohio Revised Code § 4165.03(A)(2);
`In the alternative to Defendant's profits and JLI's damages for trademark
`infringement, an award of statutory damages pursuant to 15 U.S.C. §1117(c) of
`$2,000,000.00 for each of the counterfeited trademarks willfully utilized by
`Defendant;
`An injunction by this Court prohibiting Defendant, and its respective agents,
`servants, employees, and representatives and all persons in active concert and
`participation with them, during the pendency of this action and permanently
`thereafter, from: engaging or continuing to engage in the infringing, unlawful,
`unfair, or fraudulent business acts or practices described herein, including the
`marketing, sale, distribution, and/or other dealing in any non-genuine JUUL
`Products, including fake counterfeit products or unauthorized grey-market
`products; using without permission any mark or other intellectual property right
`of JLI; acting to infringe the JUUL Marks; falsely designating the origin of any
`
`5.
`
`6.
`
`
`
`
`-13-
`
`

`

`Case: 1:21-cv-00405-MWM Doc #: 1 Filed: 06/14/21 Page: 14 of 15 PAGEID #: 14
`
`product to be from JLI; engaging in unfair competition with JLI; or acting in any
`other manner to derogate JLI's intellectual property rights;
`An Order requiring that Defendant provide complete accountings and for
`equitable relief, including that Defendant disgorge and return or pay JLI its ill-
`gotten gains obtained from the illegal transactions entered into and/or pay
`restitution;
`An Order that an asset freeze or constructive trust be imposed over all monies and
`profits in Defendant's possession which rightfully belong to JLI;
`Pursuant to 15 U.S.C. §1116, including upon ex parte application, an Order for
`the seizure of goods and counterfeit marks and the means of making such marks,
`and records documenting the manufacture, sale, or receipt of things involved in
`trademark violations;
`Pursuant to 15 U.S.C. §1118, an Order requiring that Defendant and all others
`acting under Defendant's authority, at their cost, be required to deliver up to JLI
`for destruction all products, accessories, labels, signs, prints, packages, wrappers,
`marketing materials, and other material in their possession, custody, or control
`bearing any of the JUUL Marks;
`Treble damages;
`JLI's reasonable attorneys' fees;
`All costs of suit;
`Prejudgment interest; and
`
`
`7.
`
`8.
`
`9.
`
`10.
`
`11.
`12.
`13.
`14.
`
`
`
`
`-14-
`
`

`

`Case: 1:21-cv-00405-MWM Doc #: 1 Filed: 06/14/21 Page: 15 of 15 PAGEID #: 15
`
`15.
`
`Such other and further relief as the Court may deem just and equitable.
`
`June 14 2021
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`s/Lloyd Pierre-Louis
`Lloyd Pierre-Louis (0068086)
`Dickinson Wright PLLC
`150 E. Gay Street, Suite 2400
`Columbus, OH 43215
`(614) 591-5490, T
`(844) 670-6009, F
`Lpierre-louis@dickinsonwright.com
`Counsel for Plaintiff, JUUL Labs, Inc.
`
`-and-
`
`Randall J. Clement, Esq.
`Pro Hac Vice Admission to be sought
`California State Bar No. 193443
`randy@clementandholaw.com
`CLEMENT AND HO, APLC
`201 W. Whiting Avenue
`Fullerton, California 92832
`Telephone: (714) 882-5794
`Facsimile: (714) 882-5795
`
`Counsel for Plaintiff JUUL Labs, Inc.
`
`-15-
`
`

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