Case 2:22-cv-00841 Document 1 Filed 06/15/22 Page 1 of 19
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
`
`No.
`COMPLAINT FOR DAMAGES
`AND EQUITABLE RELIEF
`
`AMAZON.COM, INC., a Delaware corporation;
`AMAZON.COM SERVICES LLC, a Delaware
`limited liability company; and CARTIER
`INTERNATIONAL A.G., a Swiss corporation,
`Plaintiffs,
`
`v.
`
`An individual or entity doing business as the
`following Amazon Selling Account: YFXF; and
`DOES 1-10,
`
`Defendants.
`
`INTRODUCTION
`I.
`This case involves Defendants’ unlawful and expressly prohibited advertisement,
`1.
`marketing, and sale of counterfeit luxury jewelry and accessories illegally bearing trademarks of
`Cartier International A.G. (“Cartier”) in the Amazon.com store (the “Amazon Store”).
`Amazon.com, Inc. and Amazon.com Services LLC (collectively, “Amazon”) and Cartier
`(collectively with Amazon, “Plaintiffs”) jointly bring this lawsuit to permanently prevent and
`enjoin Defendants from causing future harm to Amazon’s and Cartier’s customers, reputations,
`and intellectual property (“IP”), and to hold Defendants accountable for their illegal actions.
`2.
`Amazon owns and operates the Amazon Store and equivalent counterpart
`international stores and websites. Amazon’s stores offer products and services to customers in
`more than 100 countries around the globe. Some of the products are sold directly by Amazon,
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 1
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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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`Case 2:22-cv-00841 Document 1 Filed 06/15/22 Page 2 of 19
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`while others are 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. To protect its
`customers and safeguard its reputation for trustworthiness, Amazon invests heavily in both time
`and resources to prevent counterfeit goods from being sold in its stores. In 2021 alone, Amazon
`invested over $900 million and employed more than 12,000 people to protect its stores from fraud
`and abuse. Amazon stopped over 2.5 million suspected bad actor selling accounts before they
`published a single listing for sale.
`3.
`Defendants engaged in a sophisticated campaign to market, advertise, and sell
`counterfeit Cartier products in the Amazon Store, while disguising the products as non-branded
`in an attempt to evade Amazon’s counterfeit detection tools. Specifically, Defendants opened a
`selling account in the Amazon Store under the name “YFXF” (the “YFXF Defendant”) and listed
`for sale seemingly non-infringing, non-branded bracelets. Yet, when customers ordered the
`products, the YFXF Defendant shipped to the customer counterfeit bracelets bearing
`unauthorized Cartier trademarks. Upon information and belief, Defendants and unknown co-
`conspirators advertised their counterfeit products on third-party social media websites by using
`“hidden links” to direct their followers to the counterfeit Cartier products, while disguising the
`products as non-branded in the listings in the Amazon Store.
`4.
`Since its inception in 1847, Cartier has become one of the preeminent symbols of
`luxury in the world, producing and selling luxury items such as watches, handbags, fragrances,
`and jewelry, including the famous LOVE bracelet.
`5.
`Cartier’s LOVE collection was first introduced in 1969 with the LOVE bracelet,
`and the design remains among Cartier’s most iconic styles. The LOVE collection is one of the
`most famous bracelet designs and has been worn by celebrities such as Elizabeth Taylor, Kylie
`Jenner, and Kanye West, as described by an article in Harper’s BAZAAR.1
`
`1 See 10 Things You Didn’t Know About The Cartier Love Bracelet, Harper’s Bazaar (Aug. 31, 2021),
`https://www.harpersbazaar.com.sg/watches-jewels/jewellery/10-things-didnt-know-cartier-love-bracelet/.
`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 2:22-cv-00841 Document 1 Filed 06/15/22 Page 3 of 19
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`The distinctive LOVE bracelet design is comprised of a binding closure and screw
`6.
`motif, as shown in the photographs of the LOVE bracelet in Figures 1 through 3 below.2 Today,
`Cartier’s LOVE collection has grown to encompass bracelets, earrings, necklaces, and rings.
`
`Figures 1 through 3 below are images of Cartier’s iconic LOVE bracelet.
`
`Figure 1
`
`2 See LOVE on Cartier® Official Website | Cartier US, https://www.cartier.com/en-us/jewelry/bracelets/love/.
`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 2:22-cv-00841 Document 1 Filed 06/15/22 Page 4 of 19
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`Figure 2
`
`Figure 3
`
`Cartier owns, manages, enforces, licenses, and maintains intellectual property,
`7.
`including various trademarks. Relevant to this Complaint, Cartier owns the following registered
`trademarks (“Cartier Trademarks”).
`
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`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
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`Case 2:22-cv-00841 Document 1 Filed 06/15/22 Page 5 of 19
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`Mark
`
`Registration No. (International Classes)
`
`Registration No. 4,178,047 (IC 014)
`
`CARTIER
`
`Registration No. 759,202 (IC 014)
`
`Registration No. 411,240 (IC 014)
`
`Registration No. 411,239 (IC 08, 014)
`
`True and correct copies of the registration certificates for the Cartier Trademarks are attached as
`Exhibit A.
`From February 2021 through August 2021, Defendants advertised, marketed,
`8.
`offered, and sold counterfeit Cartier products in the Amazon Store, using Cartier registered
`trademarks, without authorization, to deceive customers about the authenticity and origin of the
`products and the products’ affiliation with Cartier.
`9.
`As a result of their illegal actions, Defendants have infringed and misused Cartier’s
`IP, willfully deceived and harmed Amazon, Cartier, and their customers, compromised the
`integrity of the Amazon Store, and undermined the trust that customers place in Amazon and
`Cartier. Defendants’ illegal actions have caused Amazon and Cartier to expend significant
`resources to investigate and combat Defendants’ wrongdoing and to bring this lawsuit to prevent
`Defendants from inflicting future harm to Amazon, Cartier, and their customers.
`
`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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`Case 2:22-cv-00841 Document 1 Filed 06/15/22 Page 6 of 19
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`II. PARTIES
`10. Amazon.com, Inc. is a Delaware corporation with its principal place of business in
`Seattle, Washington. Amazon.com Services LLC is a Delaware company with its principal place
`of business in Seattle, Washington.
`11.
`Cartier International A.G. is a Swiss corporation with its principal place of business
`in Switzerland. Cartier distributes its luxury goods in the United States through its affiliate,
`Richemont North America Inc., a Delaware corporation.
`12. Defendants are a collection of individuals and entities, both known and unknown,
`who conspired and operated in concert with each other to engage in the counterfeiting scheme
`alleged in this Complaint. Defendants are subject to liability for their wrongful conduct both
`directly and under principles of secondary liability including, without limitation, respondeat
`superior, vicarious liability, and/or contributory infringement.
`13. On information and belief, at least one defendant is an individual or entity doing
`business as “YFXF” (the “YFXF Defendant”) that provided a business address in Luohe, China.
`On further information and belief, the YFXF Defendant 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 as a result of that wrongful conduct.
`14. On information and belief, Defendants Does 1-10 (the “Doe Defendants”) 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
`Cartier products. The identities of the Doe Defendants are presently unknown to Plaintiffs.
`
`III. JURISDICTION AND VENUE
`The Court has subject matter jurisdiction over Amazon and Cartier’s Lanham Act
`15.
`claims for 1) trademark infringement and 2) false designation of origin 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 Amazon and Cartier’s claims for violation of the Washington Consumer
`Protection Act pursuant to 28 U.S.C. §§ 1332 and 1367.
`
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`920 Fifth Avenue, Suite 3300
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`Case 2:22-cv-00841 Document 1 Filed 06/15/22 Page 7 of 19
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`The Court has personal jurisdiction over all Defendants because they transacted
`16.
`business and committed tortious acts within and directed to the State of Washington, and
`Amazon’s and Cartier’s claims arise from those activities. Defendants affirmatively undertook
`to do business with Amazon, a corporation with its principal place of business in Washington,
`and sold in the Amazon Store products bearing counterfeit versions of the Cartier Trademarks
`and which otherwise infringed Cartier’s IP. Defendants caused the shipment of products bearing
`counterfeit versions of the Cartier Trademarks to consumers in Washington. Each of the
`Defendants committed, or facilitated the commission of, tortious acts in Washington and has
`wrongfully caused Amazon and Cartier substantial injury in Washington.
`17.
`Further, the named Defendant has 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 and claims
`related to the sale of counterfeit products in the Amazon Store are state or federal courts located
`in King County, Washington.
`18. 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.
`19. Venue is proper in this Court also with respect to Defendants by virtue of the
`allegations stated in paragraph 17 above, which are incorporated herein.
`20.
`Pursuant to Local Civil Rule 3(e), 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
`Amazon’s Efforts to Prevent the Sale of Counterfeit Goods
`A.
`21. Amazon works hard to build and protect the reputation of its stores as a place where
`customers can conveniently select from a wide array of authentic goods and services at
`competitive prices. Amazon invests vast resources to ensure that when customers make purchases
`in Amazon’s stores—either directly from Amazon or from one of its millions of third-party
`
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`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
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`sellers—customers receive authentic products made by the true manufacturer of those products.
`22. 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 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.
`23. 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 from ever being offered
`to customers in Amazon’s stores. Amazon employs dedicated teams of software engineers,
`research scientists, program managers, and investigators to prevent counterfeits from being
`offered in Amazon’s stores. Amazon’s systems automatically and continuously scan thousands
`of data points to detect and remove counterfeits from its stores 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 also uses this intelligence to
`improve its proactive prevention controls.
`24.
`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 700,000 brands,
`including Cartier, are enrolled in Brand Registry, and those brands are finding and reporting 99%
`fewer suspected infringements since joining Brand Registry.
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`In 2018, Amazon launched Transparency, a product serialization service that
`25.
`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
`product, regardless of where the product was purchased. In 2021, over 23,000 brands were using
`Transparency, enabling the protection of more than 750 million product units.
`26.
`In 2019, Amazon launched Project Zero, a program to empower brands to help
`Amazon drive counterfeits to zero. Amazon’s Project Zero introduced a novel self-service
`counterfeit removal tool that enables brands to remove counterfeit listings directly from
`Amazon’s stores. This enables brands to take down counterfeit product offerings on their own
`within minutes. In 2021, there were more than 20,000 brands enrolled in Project Zero. For every
`listing removed by a brand, Amazon’s automated protections removed more than 1,000 listings
`through scaled technology and machine learning, stopping those listings from appearing in
`Amazon’s stores.
`27.
`Amazon also uses industry-leading technology to analyze hundreds of unique data
`points and robust processes to verify information provided by potential sellers, and its ongoing
`efforts have been successful. Amazon has robust seller verification processes. In 2021, Amazon
`prevented over 2.5 million attempts to create new selling accounts, stopping bad actors before
`they published a single product for sale. Amazon is also constantly innovating on these tools and
`systems. For example, Amazon is implementing one-on-one interviews with prospective sellers
`through video chat or in person at an Amazon office to verify sellers’ identities and government-
`issued documentation. Moreover, Amazon also is verifying new and existing sellers’ addresses
`by sending information, including a unique code, to the sellers’ addresses. These measures have
`made it more difficult for bad actors to hide.
`28.
`Once a seller begins selling in Amazon’s stores, Amazon continues to monitor the
`selling account’s activities for risks. If Amazon identifies a bad actor, it closes that actor’s selling
`account, withholds funds disbursement, and investigates whether other accounts are involved in
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`Case 2:22-cv-00841 Document 1 Filed 06/15/22 Page 10 of 19
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`unlawful activities.
`29.
`In addition to the measures discussed above, 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.
`
`Cartier and Its Anti-Counterfeiting Efforts
`B.
`Cartier goes to great lengths to protect consumers from counterfeits of its products,
`30.
`and is committed to leading efforts to combat counterfeit products. Cartier utilizes both internal
`and external resources to combat counterfeits, piracy, and distribution abuse online. This includes
`trained staff who consistently monitor online retailer sites around the world for IP infringements
`and counterfeit sellers. Cartier also works with a third-party brand protection service vendor on
`the detection and removal of product listings violating Cartier’s IP rights.
`31.
` Cartier enrolled in Amazon Brand Registry on June 9, 2017 and Project Zero on
`May 29, 2019. Cartier actively uses the tools and protections provided by these programs.
`
`C.
`
`Defendants Created an Amazon Selling Account and Agreed Not to Sell
`Counterfeit Goods
`
`Defendants controlled and operated the YFXF Selling Account detailed in Section
`32.
`D below, through which they sought to advertise, market, sell, and distribute counterfeit Cartier
`products. In connection with the YFXF Selling Account, Defendants provided names, email
`addresses, and banking information for each account.
`33.
`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 in the Amazon Store. 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 Defendants last agreed to when using Amazon’s
`Services, is attached as Exhibit B.
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`34. Under the terms of the BSA, Amazon specifically identifies the sale of counterfeit
`goods as “deceptive, fraudulent, or illegal activity” in violation of Amazon’s policies, reserving
`the right to withhold payments and terminate the account of any seller who engages in such
`conduct. Ex. B, ¶¶ 2-3. The BSA requires the seller to defend, indemnify and hold harmless
`Amazon against any claims or losses arising from the seller’s “actual or alleged infringement of
`any Intellectual Property Rights.” Id. ¶ 6.1.
`35. Additionally, 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.
`
`36. 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
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`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 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.
`
`Id.
`
`37. When they registered as third-party sellers in the Amazon Store and established
`their Selling Account, Defendants agreed not to advertise, market, offer, sell, or distribute
`counterfeit products.
`D.
`Inspection of Counterfeit Products from Defendants’ Selling Account
`38. As set forth below, Cartier has confirmed that the products offered for sale by the
`YFXF Defendant are infringing products made to imitate authentic Cartier products, and which
`bear counterfeit marks without authorization
`that are
`identical
`to or substantially
`indistinguishable from Cartier Trademarks.
`39. At all times described herein, the YFXF Selling Account was controlled and
`operated by the YFXF Defendant and, on information and belief, other unknown parties.
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`From February 2021 through at least August 2021, the YFXF Defendant
`40.
`advertised, marketed, offered, and sold inauthentic Cartier LOVE rings in the Amazon Store
`bearing unauthorized Cartier Trademarks through the YFXF Selling Account. Amazon sent
`images and a physical sample to Cartier of a product from quarantined inventory for the YFXF
`Selling Account. Cartier reviewed the images and physical sample of the product and confirmed
`that the item is counterfeit. The product’s serial number does not correspond to serial numbers
`assigned to genuine Cartier LOVE rings, and certain of the product’s aesthetic features differ
`from those of genuine Cartier LOVE rings.
`
`Amazon and Cartier Shut Down Defendants’ Account.
`E.
`By selling counterfeit Cartier products, Defendants violated the BSA and
`41.
`Amazon’s policies. On information and belief, Defendants also knowingly and willfully used
`Cartier’s IP in connection with the advertisement, marketing, distribution, offering for sale, and
`sale of counterfeit and infringing Cartier 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 customers and Amazon, infringed and misused the IP rights of Cartier,
`harmed the integrity of and customer trust in the Amazon Store, and tarnished Amazon’s and
`Cartier’s brands.
`43. Amazon, after receiving notice from Cartier, verified Defendants’ unlawful sale of
`counterfeit Cartier products, conducted an investigation, and blocked Defendants’ Selling
`Account. In doing so, Amazon exercised its rights under the BSA to protect customers and the
`reputations of Amazon and Cartier.
`
`V. CLAIMS
`FIRST CLAIM
`(by Cartier against all Defendants)
`Trademark Infringement – 15 U.S.C. § 1114
`Plaintiff Cartier incorporates by reference the allegations of the preceding
`44.
`paragraphs as though set forth herein.
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 13
`
`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 2:22-cv-00841 Document 1 Filed 06/15/22 Page 14 of 19
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`45. Defendants’ activities constitute infringement of the Cartier Trademarks as
`described in the paragraphs above.
`46.
`Cartier advertises, markets, offers, and sells its products using the Cartier
`Trademarks described above and uses those trademarks to distinguish its products from the
`products and related items of others in the same or related fields.
`47.
`Because of Cartier’s long, continuous, and exclusive use of the Cartier Trademarks
`identified in this Complaint, the trademarks have come to mean and are understood by customers
`and the public to signify products from Cartier.
`48. Defendants unlawfully advertised, marketed, offered, and sold products bearing
`counterfeit versions of the Cartier Trademarks 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 Cartier and likely caused such erroneous
`customer beliefs.
`49. As a result of Defendants’ wrongful conduct, Cartier is entitled to recover its 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, Cartier is entitled to statutory
`damages under 15 U.S.C. § 1117(c).
`50.
`Cartier is further entitled to injunctive relief, including an order impounding all
`infringing products and promotional materials in Defendants’ possession. Cartier has no adequate
`remedy at law for Defendants’ wrongful conduct because, among other things: (a) the Cartier
`Trademarks are unique and valuable properties that have no readily determinable market value;
`(b) Defendants’ infringement constitutes harm to Cartier and Cartier’s reputation and goodwill
`such that Cartier 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 Cartier is likely to be continuing.
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 14
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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 2:22-cv-00841 Document 1 Filed 06/15/22 Page 15 of 19
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`SECOND CLAIM
`(by Cartier against all Defendants)
`False Designation of Origin and False Advertising – 15 U.S.C. § 1125(a)
`
`Plaintiff Cartier incorporates by reference the allegations of the preceding
`51.
`paragraphs as though set forth herein.
`52.
`Cartier owns the Cartier Trademarks and advertises, markets, offers, and sells its
`products using those trademarks described above and uses the trademarks to distinguish its
`products from the products and related items of others in the same or related fields.
`53.
`Because of Cartier’s long, continuous, and exclusive use of the Cartier
`Trademarks, they have come to mean, and are understood by customers, end users, and the public
`to signify products from Cartier.
`54. Defendants’ wrongful conduct includes the infringement of the Cartier Trademarks
`in connection with Defendants’ commercial advertising or promotion and offering for sale and
`sale of counterfeit Cartier products in interstate commerce.
`55.
`In advertising, marketing, offering, and selling products bearing counterfeit
`versions of the Cartier Trademarks, Defendants have used, and on information and belief
`continue to use, the trademarks referenced above to compete unfairly with Cartier 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 Cartier Trademarks and wrongfully trades upon
`Cartier’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 Cartier, 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).
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 15
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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 2:22-cv-00841 Document 1 Filed 06/15/22 Page 16 of 19
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`Cartier is entitled to an injunction against Defendants, their officers, agents,
`58.
`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 Cartier. The injury to Cartier is irreparable and, on information
`and belief, continuing. An award of monetary damages cannot fully compensate Cartier for its
`injuries, a