Case 2:21-cv-00850 Document 1 Filed 06/24/21 Page 1 of 18
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`AMAZON.COM, INC., a Delaware
`corporation; and ASMODEE GROUP SAS, a
`foreign simplified joint stock company,
`
`
`Plaintiffs,
`
`v.
`
`
`SAMUEL KATZ, an individual; GIG
`TRADING INC., a New York corporation; and
`DOES 1-10,
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`
`
`
`
`Defendants.
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
`
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`
`
`
`
`No.
`
`COMPLAINT FOR DAMAGES
`AND EQUITABLE RELIEF
`
`
`
`
`I.
`INTRODUCTION
`1.
`This case involves the Defendants’ unlawful and expressly prohibited sale on
`Amazon.com of counterfeit card games, “Dixit: Daydreams Expansion” and “Dixit:
`Revelations Expansion.” Amazon brings this lawsuit jointly with Asmodee Group SAS
`(“Asmodee”), 1 the owner of the registered trademark at issue, to permanently prevent and
`enjoin Defendants from causing future harm to Plaintiffs’ customers, reputations, and
`intellectual property (“IP”), and to hold Defendants accountable for their illegal actions.
`2.
`The Amazon store offers products and services to customers in more than 100
`countries around the globe. Some of the products are sold directly by Amazon, while others are
`
`1 Amazon and Asmodee shall be collectively referred to herein as “Plaintiffs.”
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 1
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`Davis Wright Tremaine LLP
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
`206.622.3150 main · 206.757.7700 fax
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`Case 2:21-cv-00850 Document 1 Filed 06/24/21 Page 2 of 18
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`sold by Amazon’s numerous third-party selling partners. The Amazon brand is one of the most
`well-recognized, valuable, and trusted brands in the world. In order to protect customers and
`safeguard its reputation for trustworthiness, Amazon invests heavily in both time and resources
`to prevent counterfeit goods from being sold in its store. In 2020 alone, Amazon invested over
`$700 million and employed more than 10,000 people to protect its store from fraud and abuse.
`Amazon stopped over six million suspected bad actor Selling Accounts before they published a
`single listing for sale and blocked more than ten billion suspected bad listings before they were
`published. As a result of these efforts and investment, 99.9% of all products viewed by
`customers on Amazon did not have a valid counterfeit complaint.
`3.
`Founded in 1995, Asmodee is a leading games publisher and distributor.
`Asmodee has grown to include all game types with a large number of global blockbusters in its
`portfolio, including A Game of Thrones: The Board Game; Pandemic; and CATAN. Asmodee
`products are sold internationally, as well as in major U.S. retailers such as Amazon.com.
`4.
`Dixit is an award-winning storytelling game. Children and adults alike enjoy
`using Dixit’s cards which feature gorgeous, imaginative artwork, to create stories. Owing to
`the game’s popularity, there are also ten Dixit companion expansion sets, such as Daydreams
`and Revelations, which allow players to supplement their Dixit game with additional story
`cards. Dixit’s tenth expansion set recently launched, commemorating over a decade of success.
`5.
`Asmodee owns, manages, enforces, licenses, and maintains IP, including various
`trademarks. Relevant to this Complaint, Asmodee owns the following registered trademark
`(“Dixit Trademark”).
`
`
`
`
`
`
`Mark
`
`Registration No. (International Classes)
`
`
`Trademark Reg. No. 5,678,181 (IC 009, 016,
`0028)
`
`
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 2
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`Davis Wright Tremaine LLP
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
`206.622.3150 main · 206.757.7700 fax
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`Case 2:21-cv-00850 Document 1 Filed 06/24/21 Page 3 of 18
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`A true and correct copy of the Trademark Status and Document Retrieval report provided by
`the United States Patent and Trademark Office for the above Dixit Trademark is attached as
`Exhibit A.
`6.
`From 2018 through 2020, Defendants advertised, marketed, offered, and sold
`counterfeit Dixit products in the Amazon store, using Asmodee’s registered Dixit Trademark,
`without authorization, to deceive customers about the authenticity and origin of the products
`and the products’ affiliation with Asmodee.
`7.
`As a result of their illegal actions, Defendants have infringed and misused
`Asmodee’s IP, willfully deceived and harmed Plaintiffs and their customers, compromised the
`integrity of the Amazon store, and undermined the trust that customers place in Amazon and
`Asmodee. Defendants’ illegal actions have caused Plaintiffs, and Asmodee’s U.S. distributor
`and subsidiary, Asmodee North America, Inc. (“ANA”), to expend significant resources to
`investigate and combat Defendants’ wrongdoing and to bring this lawsuit to prevent
`Defendants from inflicting future harm to Plaintiffs and their customers.
`
`II.
`PARTIES
`8.
`Amazon.com, Inc. is a Delaware corporation with its principal place of business
`in Seattle, Washington. Through its subsidiaries, Amazon.com, Inc. owns and operates the
`Amazon.com website, counterpart international websites, and Amazon store (collectively,
`“Amazon”).
`9.
`Asmodee is a French simplified joint stock company with its principal place of
`business in Guyancourt, France. Through its studios and subsidiaries, including ANA, it
`designs, manufactures, and distributes a large number of board games and accessories.
`10.
`Defendants are a collection of individuals, both known and unknown, who
`conspired and operated in concert with each other to engage in the counterfeiting scheme
`alleged in this Complaint. In many cases, Defendants took intentional and affirmative steps to
`hide their true identities and whereabouts from Plaintiffs by using fake names, contact
`information, and unregistered businesses to conduct their activities. Defendants are subject to
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 3
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`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
`206.622.3150 main · 206.757.7700 fax
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`liability for their wrongful conduct both directly and under principles of secondary liability
`including, without limitation, respondeat superior, vicarious liability, and/or contributory
`infringement.
`11.
`On information and belief, Defendant Samuel Katz, doing business as “Crazy
`Leaf,” is an individual who purports to have a business address in Brooklyn, New York. On
`further information and belief, Defendant Samuel Katz personally participated in and/or had the
`right and ability to supervise, direct, and control the wrongful conduct alleged in this
`Complaint, and derived a direct financial benefit from that wrongful conduct.
`12.
`On information and belief, Defendant Gig Trading Inc. is a New York entity that
`purports to have a business address in Brooklyn, New York. On further information and belief,
`Defendant Gig Trading Inc. participated in and/or had the right and ability to supervise, direct,
`and control the wrongful conduct alleged in this Complaint, and derived a direct financial
`benefit as a result of that wrongful conduct.
`13.
`On information and belief, Defendants Does 1-10 are individuals and entities
`working in active concert with each other and the named Defendants to knowingly and
`willfully manufacture, import, advertise, market, offer, and sell counterfeit Dixit products. The
`identities of Does 1-10 are presently unknown to Plaintiffs.
`
`III.
`JURISDICTION AND VENUE
`14.
`The Court has subject matter jurisdiction over Asmodee’s Lanham Act claims
`for (1) trademark infringement; and over Amazon’s and Asmodee’s Lanham Act claims for (2)
`false designation and false advertising pursuant to 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331 and
`1338(a). The Court has subject matter jurisdiction over Plaintiffs’ claim for violation of the
`Washington Consumer Protection Act pursuant to 28 U.S.C. §§ 1332 and 1367.
`15.
`The Court has personal jurisdiction over all Defendants because they transacted
`business and committed tortious acts within and directed to the State of Washington, and
`Plaintiffs’ claims arise from those activities. Defendants affirmatively undertook to do
`business with Amazon, a corporation with its principal place of business in Washington, and
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 4
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`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
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`sold through the Amazon store products bearing counterfeit versions of the Dixit Trademark
`and which otherwise infringed Asmodee’s IP. Defendants shipped products bearing counterfeit
`versions of the Dixit Trademark to consumers in Washington. Each of the Defendants
`committed, or facilitated the commission of, tortious acts in Washington and has wrongfully
`caused Plaintiffs substantial injury in Washington.
`16.
`Further, the named Defendants have consented to the jurisdiction of this Court
`by agreeing to the Amazon Services Business Solutions Agreement (“BSA”), which provides
`that the “Governing Courts” for claims to enjoin infringement or misuse of IP rights are state or
`federal courts located in King County, Washington.
`17.
`Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) because a
`substantial part of the events giving rise to the claims occurred in the Western District of
`Washington.
`18.
`Venue is proper in this Court also with respect to Defendants by virtue of the
`allegations stated in paragraph 15 above, which are incorporated herein.
`19.
`Pursuant to Local Civil Rule 3(d), intra-district assignment to the Seattle
`Division is proper because the claims arose in this Division, where (a) Amazon resides, (b)
`injuries giving rise to suit occurred, and (c) Defendants directed their unlawful conduct.
`
`IV.
`FACTS
`A.
`Amazon’s Efforts to Prevent the Sale of Counterfeit Goods
`20.
`Amazon works hard to build and protect the reputation of its store as a place
`where customers can conveniently select from a wide array of authentic goods and services at
`competitive prices. Amazon invests a vast amount of resources to ensure that when customers
`make purchases through the Amazon store—either directly from Amazon or from one of its
`millions of third-party sellers—customers receive authentic products made by the true
`manufacturer of those products.
`21.
`A small number of bad actors seek to take advantage of the trust customers place
`in Amazon by attempting to create Amazon Selling Accounts to advertise, market, offer, and
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 5
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`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
`206.622.3150 main · 206.757.7700 fax
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`sell counterfeit products. These bad actors seek to misuse and infringe the trademarks and
`other IP of the true manufacturers of those products to deceive Amazon and its customers. This
`unlawful and expressly prohibited conduct undermines the trust that customers, sellers, and
`manufacturers place in Amazon, and tarnishes Amazon’s brand and reputation, thereby causing
`irreparable harm to Amazon.
`22.
`Amazon prohibits the sale of inauthentic and fraudulent products and is
`constantly innovating on behalf of customers and working with brands, manufacturers, rights
`owners, and others to improve the detection and prevention of counterfeit products ever being
`offered to customers through the Amazon store. Amazon employs dedicated teams of software
`engineers, research scientists, program managers, and investigators to prevent counterfeits from
`being offered in the Amazon store. Amazon’s systems automatically and continuously scan
`thousands of data points to detect and remove counterfeits from its store and to terminate the
`Selling Accounts of bad actors before they can offer counterfeit products. When Amazon
`identifies issues based on this feedback, it takes action to address them. Amazon uses this
`intelligence also to improve its proactive prevention controls.
`23.
`In 2017, Amazon launched the Amazon Brand Registry, a free service to any
`rights owner with a government-registered trademark, regardless of the brand’s relationship
`with Amazon. Brand Registry delivers automated brand protections that use machine learning
`to predict infringement and proactively protect brands’ IP. Brand Registry also provides a
`powerful Report a Violation Tool that allows brands to search for and accurately report
`potentially infringing products using state‐of-the‐art image search technology. More than
`500,000 brands, including Asmodee, are enrolled in Brand Registry, and those brands are
`finding and reporting 99% fewer suspected infringements since joining Brand Registry.
`24.
`In 2018, Amazon launched Transparency, a product serialization service that
`effectively eliminates counterfeits for enrolled products. Brands enrolled in Transparency can
`apply a unique 2D code to every unit they manufacture, which allows Amazon, other retailers,
`law enforcement, and customers to determine the authenticity of any Transparency-enabled
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 6
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`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
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`product, regardless of where the product was purchased. In 2020, over 15,000 brands were
`using Transparency enabling the protection of more than 500 million product units.
`25.
`In 2019, Amazon launched Amazon Project Zero, a program to empower brands
`to help Amazon drive counterfeits to zero. Amazon Project Zero introduced a novel self-
`service counterfeit removal tool that enables brands to remove counterfeit listings directly from
`the Amazon store. This enables brands to take down counterfeit product offerings on their own
`within minutes. In 2020, there were more than 18,000 brands enrolled in Project Zero. For
`every listing removed by a brand, Amazon’s automated protections removed more than 600
`listings through scaled technology and machine learning, stopping those listings from appearing
`in the Amazon store.
`26.
`In addition to these measures, Amazon actively cooperates with rights owners
`and law enforcement to identify and prosecute bad actors suspected of engaging in illegal
`activity. Lawsuits, like this one, are integral components of Amazon’s efforts to combat
`counterfeits.
`
`B.
`Asmodee and Its Anti-Counterfeiting Efforts
`27.
`Asmodee, and through its subsidiaries, goes to great lengths to protect
`consumers from counterfeits of its products and is committed to leading efforts to combat
`counterfeit products. Asmodee utilizes both internal and external resources to combat
`counterfeits, piracy, and distribution abuse online. This includes trained internal staff who
`consistently monitor online retailer sites around the world for IP infringements and counterfeit
`sellers. Asmodee specifically works with a third-party brand protection service vendor on the
`detection and removal of product listings violating Asmodee’s IP rights.
`28.
`Asmodee, through its subsidiaries, is currently enrolled in Amazon Brand
`Registry. ANA manages the Amazon Brand Registry account for Asmodee in the U.S. by
`monitoring and reporting potentially infringing products. Asmodee has been actively using the
`tools and protections provided by these programs and utilized them in response to the
`counterfeiting activity described in this Complaint.
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`920 Fifth Avenue, Suite 3300
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`C.
`
`Defendants Created an Amazon Selling Account and Agreed Not to Sell
`Counterfeit Goods
`29.
`Defendants controlled and operated the Amazon Selling Account detailed in
`section D below through which they sought to advertise, market, sell, and, distribute counterfeit
`Dixit products. In connection with this Selling Account, Defendants provided their names,
`email address, and banking information. On information and belief, Defendants may have
`taken active steps to mislead Amazon and conceal their true location and identities by
`providing false information.
`30.
`To become a third-party seller in the Amazon store, sellers are required to agree
`to the BSA, which governs the applicant’s access to and use of Amazon’s services and states
`Amazon’s rules for selling through the website. By entering into the BSA, each seller
`represents and warrants that it “will comply with all applicable laws in [the] performance of
`[its] obligations and exercise of [its] rights” under the BSA. A true and correct copy of the
`applicable version of the BSA, namely, the version when Defendants last used Amazon’s
`Services, is attached as Exhibit B.
`31.
`The BSA incorporates, and sellers therefore agree to be bound by, Amazon’s
`Anti-Counterfeiting Policy, the applicable version of which is attached as Exhibit C. The
`Anti-Counterfeiting Policy expressly prohibits the sale of counterfeit goods in the Amazon
`store:
`
` The sale of counterfeit products is strictly prohibited.
` You may not sell any products that are not legal for sale, such as products
`that have been illegally replicated, reproduced, or manufactured[.]
` You must provide records about the authenticity of your products if Amazon
`requests that documentation[.]
`Failure to abide by this policy may result in loss of selling privileges, funds
`being withheld, destruction of inventory in our fulfilment centers, and other
`legal consequences.
`
`Id.
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 8
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`920 Fifth Avenue, Suite 3300
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`32.
`Amazon’s Anti-Counterfeiting Policy further describes Amazon’s commitment
`to preventing the sale and distribution of counterfeit goods in the Amazon store together with
`the consequences of doing so:
`
` Sell Only Authentic and Legal Products. It is your
`responsibility to source, sell, and fulfill only authentic
`products that are legal for sale. Examples of prohibited
`products include:
`o Bootlegs, fakes, or pirated copies of products or content
`o Products that have been illegally replicated, reproduced,
`or manufactured
`o Products that infringe another party’s intellectual property
`rights
` Maintain and Provide Inventory Records. Amazon may
`request that you provide documentation (such as invoices)
`showing the authenticity of your products or your
`authorization to list them for sale. You may remove pricing
`information from these documents, but providing documents
`that have been edited in any other way or that are misleading
`is a violation of this policy and will lead to enforcement
`against your account.
` Consequences of Selling Inauthentic Products. If you sell
`inauthentic products, we may immediately suspend or
`terminate your Amazon selling account (and any related
`accounts), destroy any inauthentic products in our fulfillment
`centers at your expense, and/or withhold payments to you.
` Amazon Takes Action to Protect Customers and Rights
`Owners. Amazon also works with manufacturers, rights
`holders, content owners, vendors, and sellers to improve the
`ways we detect and prevent inauthentic products from
`reaching our customers. As a result of our detection and
`enforcement activities, Amazon may:
`o Remove suspect listings.
`o Take legal action against parties who knowingly violate
`this policy and harm our customers. In addition to
`criminal fines and imprisonment, sellers and suppliers of
`inauthentic products may face civil penalties including the
`loss of any amounts received from the sale of inauthentic
`products, the damage or harm sustained by the rights
`holders, statutory and other damages, and attorney’s fees.
` Reporting Inauthentic Products. We stand behind the products
`sold on our site with our A-to-z Guarantee, and we encourage
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 9
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`rights owners who have product authenticity concerns to
`notify us. We will promptly investigate and take all
`appropriate actions to protect customers, sellers, and rights
`holders. You may view counterfeit complaints on the
`Account Health page in Seller Central.
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`Id.
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`33. When they registered as a third-party seller in the Amazon store, and established
`their Selling Account, Defendants agreed not to advertise, market, offer, sell, or distribute
`counterfeit products.
`
`D.
`
`Verification of Dixit: Daydreams Expansion Counterfeit Sale from
`Defendants’ Selling Account
`34.
`Defendants advertised, marketed, offered, and sold Asmodee-branded products
`in the Amazon store.
`35.
`At all times described herein, Selling Account Sam Katz/Crazy Leaf was
`controlled and operated by Defendants Samuel Katz and Gig Trading Inc., and, on information
`and belief, other parties, known and unknown.
`36.
`Amazon received customer complaints that the counterfeit game Dixit:
`Daydreams being sold by Defendants in the Amazon store was inferior to the authentic product,
`further demonstrating the negative impact on Plaintiffs’ reputations for quality with customers.
`In one instance, a customer complained that the counterfeit game cards they purchased had
`“horrible, DULL artwork. T[h]ese are nothing like the original cards. Certainly nothing to
`daydream about.”
`37.
`On December 16, 2019, ANA conducted a test purchase from Selling Account
`Sam Katz/Crazy Leaf for a product advertised as Dixit: Daydreams Expansion. Defendants
`shipped to ANA a product that bore the Dixit Trademark and other indications of the Asmodee
`brand. ANA has examined the product and determined that it is counterfeit.
`
`38.
`Based on ANA’s examination of the counterfeit product, it determined that the
`features of the counterfeit product depart significantly from the authentic product. First, the
`images displayed on the counterfeit version lack the vibrancy of the images displayed on the
`authentic version, indicating that the counterfeit images were reproduced from an unauthorized
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`printer. Second, the formatting of the counterfeit version in terms of font and alignment differs
`from the authentic version. Third, in some instances, the color of the images displayed on the
`counterfeit version differs from the color of the images displayed on the authentic version.
`
`E.
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`Verification of Dixit: Revelations Counterfeit Sale from Defendants’ Selling
`Account
`39.
`Amazon also received customer complaints that the game Dixit: Revelations
`being sold by Defendants in the Amazon store was counterfeit. Amazon sent samples of Dixit:
`Revelations products from Defendants’ Selling Account to ANA from a fulfillment center.
`ANA has confirmed that these Dixit: Revelations products are counterfeit, i.e., that they were
`infringing products made to imitate authentic Asmodee products, including marks that are
`identical to, or substantially indistinguishable from, Asmodee’s registered Dixit Trademark.
`40.
`Based on ANA’s examination of the counterfeit products, it determined that the
`features of the counterfeit products depart significantly from the authentic products. First, the
`images displayed on the counterfeit versions lack the vibrancy of the images displayed on the
`authentic versions, indicating that the counterfeit images were reproduced from an
`unauthorized printer. Second, the formatting of the counterfeit versions in terms of font and
`alignment differ from the authentic versions. Third, in some instances, the color of the images
`displayed on the counterfeit versions differ from the color of the images displayed on the
`authentic versions.
`
`F.
`Amazon and Asmodee Shut Down Defendants’ Account
`41.
`By selling counterfeit Dixit products, Defendants falsely represented to Amazon
`and its customers that the products Defendants sold were genuine Dixit products. Defendants
`also knowingly and willfully used Asmodee’s IP in connection with the advertisement,
`marketing, distribution, offering for sale, and sale of counterfeit Dixit products.
`42.
`At all times, Defendants knew they were prohibited from violating third-party IP
`rights or any applicable laws while selling products in the Amazon store. Defendants have
`deceived Amazon’s and Asmodee’s customers and Amazon and Asmodee, infringed and
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`misused the IP rights of Asmodee, harmed the integrity of and customer trust in the Amazon
`store, and tarnished Amazon’s and Asmodee’s brands.
`43.
`Amazon, after receiving notice from ANA, verified Defendants’ unlawful sale
`of counterfeit Dixit products and promptly blocked Defendants’ Selling Account. In doing so,
`Amazon exercised its rights under the BSA to protect customers and the reputations of Amazon
`and Asmodee.
`
`V.
`CLAIMS
`FIRST CLAIM
`(by Asmodee against all Defendants)
`Trademark Infringement – 15 U.S.C. § 1114
`44.
`Plaintiff Asmodee incorporates by reference the allegations of the preceding
`paragraphs as though set forth herein.
`45.
`Defendants’ activities constitute infringement of the Dixit Trademark as
`described in the paragraphs above.
`46.
`Asmodee advertises, markets, offers, and sells its products using the Dixit
`Trademark described above and uses that trademark to distinguish its products from the
`products and related items of others in the same or related fields.
`47.
`Because of Asmodee’s and its predecessor’s long, continuous, and exclusive use
`of the Dixit Trademark identified in this Complaint, the Dixit Trademark has come to mean,
`and is understood by customers and the public to signify, products from, distributed by, and
`affiliated with Asmodee.
`48.
`Defendants unlawfully advertised, marketed, offered, and sold products bearing
`counterfeit versions of the Dixit Trademark with the intent and likelihood of causing customer
`confusion, mistake, and deception as to the products’ source, origin, and authenticity.
`Specifically, Defendants intended customers to believe, incorrectly, that the products originated
`from, were affiliated with, and/or were authorized by Asmodee and likely caused such
`erroneous customer beliefs.
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 12
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`Davis Wright Tremaine LLP
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
`206.622.3150 main · 206.757.7700 fax
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`49.
`As a result of Defendants’ wrongful conduct, Asmodee is entitled to recover
`their actual damages, Defendants’ profits attributable to the infringement, and treble damages
`and attorney fees pursuant to 15 U.S.C. § 1117(a) and (b). Alternatively, Asmodee is entitled
`to statutory damages under 15 U.S.C. § 1117(c).
`50.
`Asmodee is further entitled to injunctive relief, including an order impounding
`all infringing products and promotional materials in Defendants’ possession. Asmodee has no
`adequate remedy at law for Defendants’ wrongful conduct because, among other things: (a) the
`Dixit Trademark is unique and valuable property that has no readily determinable market value;
`(b) Defendants’ infringement constitutes harm to Asmodee and Asmodee’s reputation and
`goodwill such that Asmodee could not be made whole by any monetary award; (c) if
`Defendants’ wrongful conduct is allowed to continue, the public is likely to become further
`confused, mistaken, or deceived as to the source, origin, or authenticity of the infringing
`materials; and (d) Defendants’ wrongful conduct, and the resulting harm to Asmodee is likely
`to be continuing.
`
`SECOND CLAIM
` (by Asmodee against all Defendants)
`False Designation of Origin and False Advertising – 15 U.S.C. § 1125(a)
`51.
`Plaintiffs incorporate by reference the allegations of the preceding paragraphs as
`though set forth herein.
`52.
`Asmodee owns the Dixit Trademark and advertises, markets, offers, and sells its
`products using the trademark described above and uses the trademark to distinguish its products
`from the products and related items of others in the same or related fields.
`53.
`Because of Asmodee’s and its predecessor’s long, continuous, and exclusive use
`of the Dixit Trademark identified in this Complaint, the Dixit Trademark has come to mean,
`and is understood by customers and the public to signify, products from, distributed by, and
`affiliated with Asmodee.
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 13
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`Davis Wright Tremaine LLP
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
`206.622.3150 main · 206.757.7700 fax
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`54.
`Defendants’ wrongful conduct includes the infringement of the Dixit Trademark
`in connection with Defendants’ commercial advertising or promotion, and offering for sale and
`sale, of counterfeit Dixit products in interstate commerce.
`55.
`In advertising, marketing, offering, and selling products bearing counterfeit
`versions of the Dixit Trademark, Defendants have used, and on information and belief continue
`to use, the trademark referenced above to compete unfairly with Asmodee and to deceive
`customers. Upon information and belief, Defendants’ wrongful conduct misleads and confuses
`customers and the public as to the origin and authenticity of the goods and services advertised,
`marketed, offered, or sold in connection with the Dixit Trademark and wrongfully trades upon
`Asmodee’s goodwill and business reputation.
`56.
`Defendants’ conduct constitutes (a) false designation of origin, (b) false or
`misleading description, and (c) false or misleading representation that products originate from
`or are authorized by Asmodee, all in violation of 15 U.S.C. § 1125(a)(1)(A).
`57.
`Defendants’ conduct also constitutes willful false statements in connection with
`goods and/or services distributed in interstate commerce in violation of 15 U.S.C.
`§ 1125(a)(1)(B).
`58.
` Asmodee is entitled to an injunction against Defendants, their officers, agents,
`representatives, servants, employees, successors and assigns, and all other persons in active
`concert or participation with them, as set forth in the Prayer for Relief below. Defendants’ acts
`have caused irreparable injury to Asmodee. The injury to Asmodee is irreparable, and on
`information and belief, is continuing. An award of monetary damages cannot fully compensate
`Asmodee for its injuries, and Asmodee lacks an adequate remedy at law.
`59.
`Asmodee is further entitled to recover Defendants’ profits, Asmodee’s damages
`for its losses, and Asmodee’s costs to investigate and remediate Defendants’ conduct and bring
`t