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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.

THE NORTH FACE APPAREL CORP.,

VANS, INC.,

TBL LICENSING LLC,

W-D APPAREL COMPANY, LLC, and

VF INTERNATIONAL SAGL,

Plaintiffs,

vs.

THE INDIVIDUALS, PARTNERSHIPS AND 

UNINCORPORATED ASSOCIATIONS 

IDENTIFIED ON SCHEDULE “A,”

Defendants.

_________________________________________/

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

Plaintiffs, The North Face Apparel Corp., Vans, Inc., TBL Licensing LLC, W-D Apparel 

Company, LLC, and VF International Sagl (collectively “Plaintiffs”),

1 hereby sue Defendants, 

the Individuals, Partnerships, and Unincorporated Associations Identified on Schedule “A”

(collectively “Defendants”). Defendants are promoting, selling, offering for sale, and distributing 

goods bearing and/or using counterfeits and confusingly similar imitations of Plaintiffs’ 

respective trademarks within this district through various Internet based e-commerce stores using 

the seller identification names set forth on Schedule “A” hereto (the “Seller IDs”). In support of 

their claims, Plaintiffs allege as follows:

JURISDICTION AND VENUE

1. This is an action for federal trademark counterfeiting and infringement, false 

designation of origin, common law unfair competition, and common law trademark infringement 

pursuant to 15 U.S.C. §§ 1114, 1116, and 1125(a), and The All Writs Act, 28 U.S.C. § 1651(a), 

 1 The Plaintiffs, The North Face Apparel Corp., Vans, Inc., TBL Licensing LLC, W-D Apparel 

Company, LLC, and VF International Sagl are related ultimate subsidiaries of V.F. Corporation 

which is a global leader in branded lifestyle apparel, footwear and accessories.

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and Florida’s common law. Accordingly, this Court has subject matter jurisdiction over this 

action pursuant to 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331 and 1338. This Court has 

supplemental jurisdiction pursuant to 28 U.S.C. § 1367 over Plaintiffs’ state law claims because 

those claims are so related to the federal claims that they form part of the same case or 

controversy. 

2. Defendants are subject to personal jurisdiction in this district because they direct 

business activities toward and conduct business with consumers throughout the United States, 

including within the State of Florida and this district through, at least, the Internet based ecommerce stores accessible in Florida and operating under their Seller IDs.

3. Venue is proper in this Court pursuant to 28 U.S.C. § 1391 since Defendants are, 

upon information and belief, aliens who are engaged in infringing activities and causing harm 

within this district by advertising, offering to sell, selling and/or shipping infringing products 

into this district.

THE PLAINTIFFS

4. Plaintiff The North Face Apparel Corp. (“The North Face”) is a company 

organized and existing under the laws of the State of Delaware, having its principal place of 

business at 3411 Silverside Road, Wilmington, DE 19810.

5. Plaintiff Vans, Inc. (“Vans”) is a company organized and existing under the laws 

of the State of Delaware, having its principal place of business at 1588 South Coast Dr, Costa 

Mesa, CA 92626.

6. Plaintiff TBL Licensing LLC (“TBL”) is a company organized and existing under 

the laws of the State of Delaware, having its principal place of business at 200 Domain Drive,

Stratham, NH 03885.

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7. Plaintiff W-D Apparel Company, LLC (“W-DAC”) is a company organized and 

existing under the laws of the State of Delaware, having its principal place of business at 251 

Little Falls Drive, Wilmington, DE 19810.

8. Plaintiff VF International Sagl (“VF International”) is a company organized and 

existing under the laws of Switzerland, having its principal place of business at Via Laveggio, 5

6855 - Stabio, Switzerland.

9. Goods bearing the Plaintiffs’ registered trademarks set forth below are offered for 

sale and sold by Plaintiffs and/or their licensees which are related operating companies within 

the V.F. Corporation’s family of companies, through various channels of trade within the State 

of Florida, including this district, and throughout the United States. Defendants, through the sale 

and offer to sell counterfeit and infringing Plaintiffs’ branded products, are directly, and unfairly, 

competing with Plaintiffs’ economic interests in the State of Florida and causing Plaintiffs harm 

within this jurisdiction.

10. Like many other famous trademark owners, Plaintiffs suffer ongoing daily and 

sustained violations of their respective trademark rights at the hands of counterfeiters and 

infringers, such as Defendants herein, who wrongfully reproduce and counterfeit Plaintiffs’ 

individual trademarks for the twin purposes of (i) duping and confusing the consuming public 

and (ii) earning substantial profits across their e-commerce stores. The natural and intended 

byproduct of Defendants’ actions is the erosion and destruction of the goodwill associated with 

Plaintiffs’ names and associated trademarks and the destruction of the legitimate market sector in 

which they operate.

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11. In order to combat the indivisible harm caused by the combined actions of 

Defendants and others engaging in similar conduct, each year Plaintiffs expend significant 

monetary resources in connection with trademark enforcement efforts, including legal fees, 

investigative fees, and support mechanisms for law enforcement, such as field training guides 

and seminars. The exponential growth of counterfeiting over the Internet, including through 

online marketplace platforms and social media websites, has created an environment that

requires companies, such as Plaintiffs, to expend significant time and money across a wide 

spectrum of efforts in order to protect both consumers and themselves from the ill effects of 

confusion and the erosion of the goodwill connected to Plaintiffs’ respective brands.

THE DEFENDANTS

12. Defendants are individuals and/or business entities of unknown makeup, each of 

whom, upon information and belief, either reside and/or operate in foreign jurisdictions with lax 

trademark enforcement systems or redistribute products from the same or similar sources in 

those locations. Defendants have the capacity to be sued pursuant to Federal Rule of Civil 

Procedure 17(b). Defendants target their business activities toward consumers throughout the 

United States, including within this district, and conduct pervasive business through the 

simultaneous operation of commercial Internet based e-commerce stores via Internet marketplace 

websites under the Seller IDs.

13. Defendants use aliases in connection with the operation of their businesses, 

including but not limited to those identified by the same Defendant Number on Schedule “A.”

14. Defendants are the past and present controlling forces behind the sale of products 

bearing counterfeits and infringements of Plaintiffs’ trademarks as described herein operating 

and using at least the Seller IDs.

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15. Defendants directly engage in unfair competition with Plaintiffs by advertising, 

offering for sale and/or selling goods bearing and/or using counterfeits and infringements of one 

or more of Plaintiffs’ individual trademarks to consumers within the United States and this 

district through Internet based e-commerce stores using at least the Seller IDs, as well as

additional names, e-commerce stores, or seller identification aliases not yet known to Plaintiffs. 

Defendants have purposefully directed some portion of their illegal activities towards consumers 

in the State of Florida through the advertisement, offer to sell, sale, and/or shipment of 

counterfeit and infringing versions of Plaintiffs’ branded goods into the State. 

16. Defendants have registered, established or purchased, and maintained their Seller 

IDs. Upon information and belief, many Defendants have engaged in fraudulent conduct with 

respect to the registration of the Seller IDs by providing false and/or misleading information to 

the Internet based e-commerce platforms where they offer to sell and/or sell, during the 

registration or maintenance process related to their respective Seller IDs. Upon information and 

belief, some Defendants have registered and/or maintained some of their Seller IDs for the sole 

purpose of engaging in illegal counterfeiting activities.

17. Defendants will likely continue to register or acquire new seller identification 

aliases for the purpose of selling and/or offering for sale goods bearing and/or using counterfeit 

and confusingly similar imitations of one or more of Plaintiffs’ respective trademarks unless 

preliminarily and permanently enjoined.

18. Defendants’ Internet-based businesses amount to nothing more than illegal 

operations established and operated in order to infringe the intellectual property rights of 

Plaintiffs and others.

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19. Defendants’ business names, i.e., the Seller IDs, associated payment accounts, 

and any other alias e-commerce stores and seller identification names used in connection with 

the sale of counterfeit and infringing goods bearing and/or using one or more of Plaintiffs’ 

respective trademarks are essential components of Defendants’ online activities and are one of 

the means by which Defendants further their counterfeiting and infringement scheme and cause 

harm to Plaintiffs. Moreover, Defendants are using Plaintiffs’ respective famous brand names 

and associated trademarks to drive Internet consumer traffic to their e-commerce stores operating 

under the Seller IDs, thereby increasing the value of the Seller IDs and decreasing the size and 

value of Plaintiffs’ legitimate marketplace and intellectual property rights at Plaintiffs’ expense.

COMMON FACTUAL ALLEGATIONS

The North Face’s Trademark Rights

20. The North Face is the owner of all rights, title, and interest in and to the following 

trademarks, which are valid and registered on the Principal Register of the United States Patent 

and Trademark Office (collectively, the “TNF Marks”):

Trademark Registration 

Number Registration Date Class(es)/Goods

THE NORTH 

FACE 0,983,624 May 14, 1974

USC 003 - Backpacks 

USC 022 - Sleeping bags; tents, 

snowshoes, and skis 

USC 039 - Camping clothing 

namely rainwear, parkas, vests, 

trousers, shoes, gloves and headgear

1,030,071 January 13, 1976

IC 018 - Backpacks 

IC 020 - Sleeping bags

IC 022 - Tents 

IC 025 - Camping clothing, namely, 

rainwear, parkas, vests, trousers, 

shoes, gloves, headgear and 

snowshoes

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2,097,715 September 16, 1997

IC 018 - Backpacks

IC 020 - Sleeping bags

IC 022 - Tents 

IC 025 - Clothing, namely, parkas, 

vests, jackets, anoraks, pants, ski 

bibs, gloves, mittens, underwear, 

hats, headbands, caps, ski suits, 

gaiters, shorts, and shirts

3,538,773 November 25, 2008

IC 009 - Computer bags 

IC 018 - All purpose sporting bags, 

backpacks, day packs, knapsacks, 

rucksacks, book bags, tote bags, 

handbags, duffel bags, knap sacks 

and duffel sacks, hip and lumbar 

packs, shoulder bags, book bags, 

waist packs, fanny packs, day 

packs, shoulder bags, satchels, 

mountaineering bags, Boston bags, 

internal frame packs, backpack 

bottle pockets, rain covers used to 

cover the aforesaid; hydration 

packs, namely, backpack hydration 

systems consisting of a backpack, a 

reservoir, and a mouthpiece 

connected to the reservoir by a tube; 

parts and fittings for all the 

aforesaid goods

IC 020 - Sleeping bags; covers for 

sleeping bags; sacks for carrying 

and storing sleeping bags; nonmetal tent poles and tent stakes 

IC 021 - Hydration packs, namely, 

hydration system consisting of a 

reservoir and a mouthpiece 

connected to the reservoir by a tube 

IC 022 - Tents; tent accessories, 

namely, tent storage bags, rain flies, 

vinyl ground cloths, tent pole 

storage sacks

IC 025 - Clothing, namely, men's, 

women's, and children's T-shirts, 

shirts, tops, sweatshirts, sweatpants, 

pants, side zip pants, shorts, 

trousers, vests, parkas, anoraks, 

coats, jackets, wind-resistant 

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The TNF Marks are used in conjunction with the manufacture and distribution of high quality 

goods in the categories identified above. True and correct copies of the Certificates of 

Registration for the TNF Marks are attached hereto as Composite Exhibit “1.”

jackets, jacket hoods, pullovers, 

sweaters, underwear, thermal 

underwear, tights, gloves, mittens; 

outerwear, namely, shells, onepiece shell suits, ski wear, ski suits, 

ski vests, ski jackets, ski bibs, bib 

overalls, bib pants, snowboard 

wear, snow pants, snow suits, rain 

wear, rain jackets, rain pants, 

gaiters, namely, neck gaiters; skirts, 

skorts, dresses, swim trunks; 

footwear, namely, athletic shoes, 

sneakers, trail running shoes, 

climbing shoes, hiking shoes, 

slippers, boots, trekking boots, 

hiking boots, snowshoes, sandals; 

headgear, namely, caps, hats, 

headbands, scarves, earbands, 

balaclavas, visors, beanies

IC 035 - On-line retail store 

services, retail store services, mail 

order, catalogue and distributorship 

services, all featuring camping and 

outdoor gear and equipment, 

hardware, clothing, sportswear, 

eyewear, footwear, headgear, sports 

equipment and related accessories

3,630,846 June 2, 2009 IC 025 - Footwear; head wear; 

rainwear; scarves; ski wear

3,630,850 June 2, 2009

IC 025 - Footwear; gloves; 

headgear, namely, hats, caps, 

headbands, visors, hosiery, namely 

long underwear; jackets; mittens; 

pants; parkas; shirts; shorts; ski 

jackets; skirts; tights; vests

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21. The TNF Marks have been used in interstate commerce to identify and distinguish 

high quality goods for an extended period of time and serve as symbols of The North Face’s

quality, reputation and goodwill. 

22. Further, The North Face and its related companies expend substantial resources 

developing, advertising and otherwise promoting the TNF Marks. The TNF Marks qualify as 

famous marks as that term is used in 15 U.S.C. §1125(c)(1).

23. The North Face and its related companies extensively use, advertise and promote 

the TNF Marks in the United States in connection with the sale of high quality goods. As a 

result, the TNF Marks are among the most widely recognized trademarks in the United States, 

and the trademarks have achieved secondary meaning as identifiers of high quality goods.

24. The North Face has carefully monitored and policed the use of the TNF Marks

and has never assigned or licensed the TNF Marks to any Defendant in this matter.

25. Genuine goods bearing and/or using the TNF Marks are widely legitimately 

advertised and promoted by The North Face, its related companies, authorized distributors, and 

unrelated third parties via the Internet. Visibility on the Internet, particularly via Internet search 

engines such as Google, Yahoo!, and Bing has become increasingly important to The North 

Face’s overall marketing and consumer education efforts. Thus, The North Face, its related 

companies, and authorized distributors expend significant monetary resources on Internet 

marketing and consumer education, including search engine optimization (“SEO”) strategies. 

Those strategies allow The North Face, its related companies, and authorized distributors to 

fairly and legitimately educate consumers about the value associated with the TNF Marks and 

the goods sold thereunder. Similarly, Defendants’ individual seller stores are indexed on search 

engines and compete directly with The North Face for space in the search results. 

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Vans’s Trademark Rights

26. Vans is the owner of all rights in and to the following trademarks, which are valid 

and registered on the Principal Register of the United States Patent and Trademark Office 

(collectively, the “VANS Marks”):

Trademark Registration 

Number Registration Date Class(es)/Goods

1,244,537 July 5, 1983 IC 025 - Shoes

VANS 1,267,262 February 14, 1984 IC 025 - Shoes

1,353,939 August 13, 1985

IC 014 - Jewelry

IC 018 - Wallets, handbags 

and all purpose tote bags

IC 025 - Wearing apparel, 

namely, sport shirts, t-shirts, 

hats, short, jogging suits, 

socks, swimsuits and shoes

OFF THE WALL 1,378,174 January 14, 1986

IC 025 - Shoes and wearing 

apparel namely sport shirts, 

t-shirts, hats, shorts, jogging 

suits, socks, swimsuits

VANS 1,861,013 November 1, 1994

IC 025 - Clothing and 

footwear; namely, sport 

shirts, T-shirts, hats, shorts, 

jogging suits, socks and 

shoes for men, women and 

children

2,174,502 July 21, 1998

IC 025 - Men's, women's and 

children's clothing, namely, 

shirts, T-shirts, shorts, 

underwear, swim trunks, 

trousers, sweaters, jackets, 

coats, caps, hats, bandannas, 

vests and socks; footwear

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Trademark Registration 

Number Registration Date Class(es)/Goods

2,177,772 August 4, 1998 IC 025 - Footwear

5,070,470 November 1, 2016 IC 025 - Footwear, namely, 

twin-gore slip-on shoes

5,503,154 June 26, 2018

IC 009 - Protective covers 

and cases for cellphones, 

laptops and portable media 

players; Headsets for mobile 

phones; headphones, 

earphones; Eyewear, 

sunglasses, sunglass cases;

bags adapted for laptops

IC 018 - All-purpose 

carrying bags, purses, 

shoulder bags, handbags, 

beach bags, messenger bags, 

overnight bags, backpacks; 

Wallets

IC 025 - Footwear; Clothing, 

namely, shirts, t-shirts, tank 

tops, sweaters, jackets, pants,

jeans, leggings, shorts, board 

shorts, skirts, dresses, 

swimwear, socks, belts, 

scarves, gloves and 

underwear; Headwear

IC 035 - On-line and in-store 

wholesale and retail store 

services featuring footwear,

clothing, and accessories

The VANS Marks are used in conjunction with the manufacture and distribution of high quality 

goods in the categories identified above. True and correct copies of the Certificates of 

Registration for the VANS Marks are attached hereto as Composite Exhibit “2.”

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27. The VANS Marks have been used in interstate commerce to identify and 

distinguish high quality goods for an extended period of time and serve as symbols of Vans’s 

quality, reputation and goodwill. 

28. Further, Vans and its related companies expend substantial resources developing, 

advertising and otherwise promoting the VANS Marks. The VANS Marks qualify as famous 

marks as that term is used in 15 U.S.C. §1125(c)(1).

29. Vans and its related companies extensively use, advertise and promote the VANS

Marks in the United States in connection with the sale of high quality goods. As a result, the 

VANS Marks are among the most widely recognized trademarks in the United States, and the 

trademarks have achieved secondary meaning as identifiers of high quality goods.

30. Vans has carefully monitored and policed the use of the VANS Marks and has 

never assigned or licensed the VANS Marks to any Defendant in this matter.

31. Genuine goods bearing and/or using the VANS Marks are widely legitimately 

advertised and promoted by Vans, its related companies, and authorized distributors via the 

Internet. Visibility on the Internet, particularly via Internet search engines such as Google, 

Yahoo!, and Bing has become increasingly important to Vans’s overall marketing and consumer 

education efforts. Thus, Vans expends significant monetary resources on Internet marketing and 

consumer education, including SEO strategies. Those strategies allow Vans and its related 

companies to fairly and legitimately educate consumers about the value associated with the 

VANS Marks and the goods sold thereunder. Similarly, Defendants’ individual seller stores are 

indexed on search engines and compete directly with Vans for space in the search results.

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TBL’s Trademark Rights

32. TBL is the owner of all rights in and to the following trademarks, which are valid 

and registered on the Principal Register of the United States Patent and Trademark Office

(collectively, the “TBL Marks”):

Trademark Registration 

Number Registration Date Class(es)/Goods

1,075,061 October 11,1977

IC 025 - Footwear, namely 

boots, work shoes, and

hiking shoes

TIMBERLAND 2,932,268 March 15, 2005

IC 025 - Footwear; clothing, 

namely coats, jackets, 

rainwear, sweaters, shirts, 

pants, shorts, headwear, 

gloves, neckwear, belts, 

sweatshirts, t-shirts, vests, 

socks

2,947,228 May 10, 2005

IC 025 - Footwear; clothing, 

namely coats, jackets, 

rainwear, sweaters, shirts, 

pants, shorts, headwear, 

gloves, neckwear, belts, 

sweatshirts, t-shirts, vests, 

socks

The TBL Marks are used in conjunction with the manufacture and distribution of high quality 

goods in the categories identified above. True and correct copies of the Certificates of 

Registration for the TBL Marks are attached hereto as Composite Exhibit “3.”

33. The TBL Marks have been used in interstate commerce to identify and distinguish

high quality goods for an extended period of time and serve as symbols of TBL’s quality, 

reputation and goodwill. 

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34. Further, TBL and its related companies expend substantial resources developing, 

advertising and otherwise promoting the TBL Marks. The TBL Marks qualify as famous marks

as that term is used in 15 U.S.C. §1125(c)(1).

35. TBL and its related companies extensively use, advertise and promote the TBL

Marks in the United States in connection with the sale of high quality goods. As a result, the 

TBL Marks are among the most widely recognized trademarks in the United States, and the 

trademarks have achieved secondary meaning as identifiers of high quality goods.

36. TBL has carefully monitored and policed the use of the TBL Marks and has never 

assigned or licensed the TBL Marks to any Defendant in this matter.

37. Genuine goods bearing and/or using the TBL Marks are widely legitimately 

advertised and promoted by TBL, its related companies, and unrelated third parties via the 

Internet. Visibility on the Internet, particularly via Internet search engines such as Google, 

Yahoo!, and Bing has become increasingly important to TBL’s overall marketing and consumer 

education efforts. Thus, TBL expends significant monetary resources on Internet marketing and 

consumer education, including SEO strategies. Those strategies allow TBL and its related 

companies to fairly and legitimately educate consumers about the value associated with the TBL

Marks and the goods sold thereunder. Similarly, Defendants’ individual seller stores are indexed 

on search engines and compete directly with TBL for space in the search results.

W-DAC’s Trademark Rights

38. W-DAC is the owner of all rights in and to the following trademarks, which are 

valid and registered on the Principal Register of the United States Patent and Trademark Office 

(collectively, the “DICKIES Marks”):

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Trademark Registration

Number Registration Date Class(es)/Goods

2,666,109 December 24, 2002

IC 020 - Clothing display racks

IC 025 - Men's, women's and

children's pants, overalls,

coveralls, jeans, shorts, shirts,

T-shirts, vests, jackets, coats,

socks, belts, suspenders, caps,

bandanas, boots, and shoes;

men's gloves, jacket liners, and

work aprons; men's and boy's

pajamas, underwear, sweatshirts

and sweatpants; school uniforms

for children; namely jackets,

shirts, pants, shorts, skorts,

skirtalls, socks, hosiery,

bowties, neckties, and headwear

3,063,324 February 28, 2006

IC 025 - Athletic footwear;

baseball caps; beanies; belts; bib

overalls; blouses, boots; Capri

pants; caps; coats; coveralls;

denim jackets; dresses;

footwear; gloves; hats; hooded

sweatshirts; hosiery; jackets;

jeans; lab coats; nurse's apparel,

namely, tops, pants, scrubs;

overalls; pants; polo shirts;

shirts; shorts; skirts; sleepwear;

sneakers; socks; sport shirts;

suspenders; sweat bands; sweat

shirts; tank tops; tops; T-shirts;

underwear; uniforms; vests;

visors; working overalls; and

wind resistant jackets

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DICKIES 4,473,451 January 28, 2014

IC 018 - Backpacks, schoolbags,

purses, tote bags and wallets for

men, women and children

IC 021 - Work gloves

IC 025 - Men's, women's and

children's pants, overalls,

coveralls, jeans; shirts;

jackets; Men's, women's, and

children's blouses, dresses;

denim jackets; gloves; Men's,

women's and children's capri

pants, vests, shorts, T-shirts,

sport shirts; polo shirts; skirts;

wind resistant jackets; jacket

liners; coats, suspenders; work

aprons; school uniforms for

children, namely, jackets, shirts,

pants, shorts, skorts, skirtalls,

socks, hosiery, bowties,

neckties; belts; women's and

children's sleepwear, men's and

boy's pajamas, underwear;

Men's, women's and children's

headwear, namely, visors, caps,

hats, bandanas, baseball caps,

and beanies; footwear, namely,

boots and shoes; Men's,

women's, and children's athletic

wear, namely, sweat bands,

sweatshirts, hooded sweatshirts,

sweatpants; Men's, women's and

children's footwear, namely,

athletic footwear, sneakers;

Men's and women's lab coats;

nurses apparel, namely, tops,

pants, scrubs not for medical

purposes

IC 035 - Retail store and on-line

retail store services featuring

clothing, footwear, headwear,

and accessories for men, women

and children

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The DICKIES Marks are used in conjunction with the manufacture and distribution of high 

quality goods in the categories identified above. True and correct copies of the Certificates of 

Registration for the DICKIES Marks are attached hereto as Composite Exhibit “4.”

39. The DICKIES Marks have been used in interstate commerce to identify and 

distinguish high quality goods for an extended period of time and serve as symbols of W-DAC’s 

quality, reputation and goodwill.

40. Further, W-DAC and its related companies expend substantial resources 

developing, advertising and otherwise promoting the DICKIES Marks. The DICKIES Marks

qualify as famous marks as that term is used in 15 U.S.C. §1125(c)(1).

41. W-DAC and its related companies extensively use, advertise and promote the 

DICKIES Marks in the United States in connection with the sale of high quality goods. As a 

result, the DICKIES Marks are among the most widely recognized trademarks in the United 

States, and the trademarks have achieved secondary meaning as identifiers of high quality goods.

42. W-DAC has carefully monitored and policed the use of the DICKIES Marks and 

has never assigned or licensed the DICKIES Marks to any Defendant in this matter.

43. Genuine goods bearing and/or using the DICKIES Marks are widely legitimately 

advertised and promoted by W-DAC, its related companies, and unrelated third parties via the 

Internet. Visibility on the Internet, particularly via Internet search engines such as Google, Yahoo!, 

and Bing has become increasingly important to W-DAC’s overall marketing and consumer 

education efforts. Thus, W-DAC expends significant monetary resources on Internet marketing 

and consumer education, including SEO strategies. Those strategies allow W-DAC and its related 

companies to fairly and legitimately educate consumers about the value associated with the 

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DICKIES Marks and the goods sold thereunder. Similarly, Defendants’ individual seller stores are 

indexed on search engines and compete directly with W-DAC for space in the search results.

VF International’s Trademark Rights

44. VF International is the owner of all rights in and to the following trademarks, 

which are valid and registered on the Principal Register of the United States Patent and 

Trademark Office (collectively, the “NAPAPIJRI Marks”):

Trademark Registration 

Number

Registration 

Date Class(es)/Goods

2,058,049 April 29, 1997

IC 018 - Bags, namely handbags, 

shoulder bags, waist bags and 

traveling bags, and suitcases and 

knapsacks

IC 025 - Clothing, namely, 

jackets, waist-jackets, shorts, Tshirts, trousers, pants, cardigans, 

pullovers, and sweaters

5,667,785 February 5, 2019

IC 018 - Leather and imitations

of leather; animal skins; luggage 

and transport bags being 

travelling bags; umbrellas, 

parasols and walking sticks; bags 

in the nature of weekend bags, 

leather bags, all purpose sport 

bags, clutch bags, hip bags; 

handbags, shoulder bags, fanny 

packs and travel bags, suitcases 

and backpacks; key cases; 

wallets

IC 025 - Clothing, namely, 

jackets, jerseys, coats, trousers, 

tee-shirts, vests, wind-resistant 

jackets, anoraks, cardigans, 

pullovers, sweaters, sweatshirts, 

shirts, polo shirts, pants, 

rainwear, dresses, skirts, gloves, 

scarves, socks, tights, waist 

jackets, swimwear, shorts, warmup suits, underwear, belts, hoods, 

hats and caps, winter coats, 

winter jackets; sports clothing, 

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namely, sports bras, sports 

jerseys, breeches for sports, 

sports pants, sports shirts, sports 

tee-shirts, sports jackets, sports 

caps, hoods and hats, sports 

dresses, sports skirts, sports 

underwear, sports trousers and 

shorts, sports vests, sports 

sweaters, sports belts, sports 

socks and tights, swimwear, 

sport warm-up suits, sport suits, 

ski wear, ski mittens, ski gloves, 

snowboard mittens, snowboard 

gloves, ski jackets, snowboard 

jackets, snow suits, snow pants; 

padded jackets and waterproof 

jackets; tracksuits; thermal 

protection clothing, namely, 

jackets, jerseys, coats, trousers, tshirts, vests, wind-resistant 

jackets, anoraks, cardigans, 

pullovers, sweaters, shirts, pants, 

rainwear, dresses, skirts, gloves, 

scarves, socks, tights, waist 

jackets, swimwear, shorts, warmup suits, underwear, hoods and 

hats for clothing purposes; 

parkas; footwear; shoes; boots; 

bandanas being neckerchiefs; 

bathing suits; bathing caps; bath 

robes; bath sandals; beach 

clothes, namely, swim wear; 

beach footwear; belts being 

clothing; boxer shorts; dresses; 

football boots; gloves; gymnastic 

shoes; headbands being clothing; 

hosiery; leggings in the nature of 

pants; neckties; overcoats; 

scarves; ski boots; ski gloves; 

skirts; socks; suits; underwear

5,953,603 January 7, 2020

IC 018 - Luggage bags, luggage 

trunks; travelling trunks; 

travelling bags; all-purpose 

carrying bags; handbags; 

schoolbags; bags for sports; 

suitcases; rucksacks; wallets; 

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belt bags and hip bags; luggage 

tags; cosmetic bags sold empty; 

toiletry bags sold empty

IC 025 - Shirts, shorts; sports 

pants, sports shirts; quilted and 

hydro-repellent jackets; track 

suits; thermal jackets; sports 

jerseys; pullovers; sweaters; 

jackets; coats; trousers; teeshirts; tights; waistcoats; hats; 

footwear; shoes; boots; 

bandanas; bathing suits; bath 

sandals; beach cover-ups; beach 

shoes; belts; dresses; gloves; 

hosiery; sweaters; leggings; 

overcoats; parkas; scarves; 

shirts; ski boots; ski gloves; 

skirts; socks; waterproof jackets 

and pants

The NAPAPIJRI Marks are used in conjunction with the manufacture and distribution of high 

quality goods in the categories identified above. True and correct copies of the Certificates of 

Registration for the NAPAPIJRI Marks are attached hereto as Composite Exhibit “5.”

45. The NAPAPIJRI Marks have been used in interstate commerce to identify and 

distinguish high quality goods for an extended period of time and serve as symbols of VF 

International’s quality, reputation and goodwill.

46. Further, VF International and its related companies expend substantial resources 

developing, advertising and otherwise promoting the NAPAPIJRI Marks. The NAPAPIJRI 

Marks qualify as famous marks as that term is used in 15 U.S.C. §1125(c)(1).

47. VF International and its related companies extensively use, advertise and promote 

the NAPAPIJRI Marks in the United States in connection with the sale of high quality goods. As 

a result, the NAPAPIJRI Marks are among the most widely recognized trademarks in the United 

States, and the trademarks have achieved secondary meaning as identifiers of high quality goods.

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48. VF International has carefully monitored and policed the use of the NAPAPIJRI 

Marks and has never assigned or licensed the NAPAPIJRI Marks to any Defendant in this matter.

49. Genuine goods bearing and/or using the NAPAPIJRI Marks are widely 

legitimately advertised and promoted by VF International, its related companies, and unrelated 

third parties via the Internet. Visibility on the Internet, particularly via Internet search engines 

such as Google, Yahoo!, and Bing has become increasingly important to VF International’s 

overall marketing and consumer education efforts. Thus, VF International expends significant 

monetary resources on Internet marketing and consumer education, including SEO strategies. 

Those strategies allow VF International and its related companies to fairly and legitimately 

educate consumers about the value associated with the NAPAPIJRI Marks and the goods sold 

thereunder. Similarly, Defendants’ individual seller stores are indexed on search engines and 

compete directly with VF International for space in the search results.

Defendants’ Infringing Activities

50. Defendants are promoting and advertising, distributing, selling and/or offering for 

sale goods in interstate commerce bearing and/or using confusingly similar imitations of one or 

more of the TNF Marks, the VANS Marks, the TBL Marks, the DICKIES Marks, and/or the 

NAPAPIJRI Marks (the “Counterfeit Goods”) through at least the Internet based e-commerce 

stores operating under the Seller IDs. Specifically, Defendants are using the TNF Marks, VANS

Marks, TBL Marks, DICKIES Marks, and/or NAPAPIJRI Marks (collectively, “Plaintiffs’ 

Marks”) to initially attract online consumers and drive them to Defendants’ e-commerce stores 

operating under the Seller IDs. Defendants are using identical copies of one or more of the

Plaintiffs’ Marks for different quality goods. Plaintiffs have used their respective Marks 

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extensively and continuously before Defendants began offering counterfeit and confusingly 

similar imitations of Plaintiffs’ merchandise.

51. Defendants’ Counterfeit Goods are of a quality substantially different than that of 

Plaintiffs’ genuine goods. Defendants are actively using, promoting and otherwise advertising, 

distributing, selling and/or offering for sale substantial quantities of their Counterfeit Goods with 

the knowledge and intent that such goods will be mistaken for the genuine high quality goods 

offered for sale by Plaintiffs despite Defendants’ knowledge that they are without authority to 

use Plaintiffs’ Marks. The net effect of Defendants’ actions is likely to cause confusion of 

consumers at the time of initial interest, sale, and in the post-sale setting, who will believe all of 

Defendants’ goods offered for sale in Defendants’ e-commerce stores are genuine goods 

originating from, associated with, and/or approved by Plaintiffs.

52. Defendants advertise their e-commerce stores, including their Counterfeit Goods 

offered for sale, to the consuming public via e-commerce stores on, at least, one Internet 

marketplace website under, at least, the Seller IDs. In so advertising their stores and products, 

Defendants improperly and unlawfully use one or more of Plaintiffs’ Marks without Plaintiffs’ 

permission.

53. As part of their overall infringement and counterfeiting scheme, Defendants are, 

upon information and belief, concurrently employing and benefitting from substantially similar,

advertising and marketing strategies based, in large measure, upon an illegal use of counterfeits 

and infringements of Plaintiffs’ Marks. Specifically, Defendants are using counterfeits and 

infringements of one or more of Plaintiffs’ famous names and Plaintiffs’ Marks in order to make 

their e-commerce stores selling illegal goods appear more relevant and attractive to consumers 

searching for both Plaintiffs and non-Plaintiffs goods and information online. By their actions, 

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Defendants are contributing to the creation and maintenance of an illegal marketplace operating 

in parallel to the legitimate marketplace for Plaintiffs’ genuine goods. Defendants are causing

individual, concurrent and indivisible harm to Plaintiffs and the consuming public by (i) 

depriving Plaintiffs and other third parties of their right to fairly compete for space within search 

engine results and reducing the visibility of Plaintiffs’ genuine goods on the World Wide Web, 

(ii) causing an overall degradation of the value of the goodwill associated with Plaintiffs’ Marks, 

and (iii) increasing Plaintiffs’ overall cost to market their goods and educate consumers about 

their brands via the Internet.

54. Defendants are concurrently conducting and targeting their counterfeiting and 

infringing activities toward consumers and likely causing unified harm, within this district and 

elsewhere throughout the United States. As a result, Defendants are defrauding Plaintiffs and the 

consuming public for Defendants’ own benefit.

55. At all times relevant hereto, Defendants in this action had full knowledge of 

Plaintiffs’ respective ownership of Plaintiffs’ Marks, including their respective, exclusive rights 

to use and license such intellectual property and the goodwill associated therewith.

56. Defendants’ use of Plaintiffs’ Marks, including the promotion and advertisement, 

reproduction, distribution, sale and offering for sale of their Counterfeit Goods, is without 

Plaintiffs’ consent or authorization.

57. Defendants are engaging in the above-described illegal counterfeiting and 

infringing activities knowingly and intentionally or with reckless disregard or willful blindness to 

Plaintiffs’ rights for the purpose of trading on Plaintiffs’ respective goodwill and reputations. If 

Defendants’ intentional counterfeiting and infringing activities are not preliminarily and 

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permanently enjoined by this Court, Plaintiffs and the consuming public will continue to be 

harmed.

58. Defendants’ above identified infringing activities are likely to cause confusion, 

deception, and mistake in the minds of consumers before, during, and after the time of purchase. 

Moreover, Defendants’ wrongful conduct is likely to create a false impression and deceive 

customers, the public, and the trade into believing there is a connection or association between 

Plaintiffs’ respective genuine goods and Defendants’ Counterfeit Goods, which there is not.

59. Defendants’ payment and financial accounts, including but not limited to those 

specifically set forth on Schedule “A,” are being used by Defendants to accept, receive, and 

deposit profits from Defendants’ trademark counterfeiting and infringing and unfairly 

competitive activities connected to their Seller IDs and any other alias e-commerce stores, seller 

identification names, or user names being used and/or controlled by them.

60. Further, Defendants are likely to transfer or secret their assets to avoid payment of 

any monetary judgment awarded to Plaintiffs.

61. Plaintiffs have no adequate remedy at law.

62. Plaintiffs are suffering irreparable injury and have suffered substantial damages as 

a result of Defendants’ unauthorized and wrongful use of Plaintiffs’ Marks. If Defendants’ 

counterfeiting and infringing, and unfairly competitive activities are not preliminarily and 

permanently enjoined by this Court, Plaintiffs and the consuming public will continue to be 

harmed.

63. The harm and damages sustained by Plaintiffs have been directly and proximately 

caused by Defendants’ wrongful reproduction, use, advertisement, promotion, offers to sell, and 

sale of their Counterfeit Goods.

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COUNT I - TRADEMARK COUNTERFEITING AND INFRINGEMENT

PURSUANT TO § 32 OF THE LANHAM ACT (15 U.S.C. § 1114)

64. Plaintiffs hereby adopt and re-allege the allegations set forth in Paragraphs 1 

through 63 above.

65. This is an action for trademark counterfeiting and infringement against 

Defendants based on their use of counterfeit and confusingly similar imitations of Plaintiffs’ 

Marks in commerce in connection with the promotion, advertisement, distribution, offering for 

sale and/or sale of the Counterfeit Goods.

66. Defendants are promoting and otherwise advertising, selling, offering for sale, 

and distributing goods bearing and/or using counterfeits and/or infringements of one or more of 

Plaintiffs’ Marks. Defendants are continuously infringing and inducing others to infringe 

Plaintiffs’ Marks by using one or more of them to advertise, promote, offer to sell, and/or sell

counterfeit and infringing goods bearing and/or using Plaintiffs’ Marks. 

67. Defendants’ concurrent counterfeiting and infringing activities are likely to cause 

and actually are causing confusion, mistake and deception among members of the trade and the 

general consuming public as to the origin and quality of Defendants’ Counterfeit Goods.

68. Defendants’ unlawful actions have caused and are continuing to cause 

unquantifiable damages to Plaintiffs and are unjustly enriching Defendants with profits at 

Plaintiffs’ expense.

69. Defendants’ above-described illegal actions constitute counterfeiting and 

infringement of Plaintiffs’ Marks in violation of Plaintiffs’ respective rights under § 32 of the 

Lanham Act, 15 U.S.C. § 1114.

70. Plaintiffs have each suffered and will continue to suffer irreparable injury and 

damages due to Defendants’ above described activities if Defendants are not preliminarily and 

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permanently enjoined. Additionally, Defendants will continue to wrongfully profit from their 

illegal activities.

COUNT II - FALSE DESIGNATION OF ORIGIN

PURSUANT TO § 43(a) OF THE LANHAM ACT (15 U.S.C. § 1125(a))

71. Plaintiffs hereby adopt and re-allege the allegations set forth in Paragraphs 1 

through 63 above. 

72. Defendants’ Counterfeit Goods bearing, offered for sale, and sold using copies of 

one or more of Plaintiffs’ Marks have been widely advertised and offered for sale throughout the 

United States via at least one Internet marketplace website.

73. Defendants’ Counterfeit Goods bearing, offered for sale, and sold using copies of 

one or more of Plaintiffs’ Marks are virtually identical in appearance to Plaintiffs’ respective, 

genuine goods. However, Defendants’ Counterfeit Goods are different in quality. Accordingly, 

Defendants’ activities are likely to cause confusion in the trade and among the general public as 

to at least the origin or sponsorship of their Counterfeit Goods. 

74. Defendants have used in connection with their advertisement, offers for sale, and 

sale of their Counterfeit Goods, false designations of origin and false descriptions and 

representations, including words or other symbols and trade dress which tend to falsely describe 

or represent such goods and have caused such goods to enter into commerce with full knowledge 

of the falsity of such designations of origin and such descriptions and representations, all to 

Plaintiffs’ detriment.

75. Defendants have authorized infringing uses of one or more of Plaintiffs’ Marks in 

Defendants’ advertisement and promotion of their counterfeit and infringing branded goods. 

Defendants have misrepresented to members of the consuming public that the Counterfeit Goods 

being advertised and sold by them are genuine, non-infringing goods.

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76. Additionally, Defendants are using counterfeits and infringements of one or more 

of Plaintiffs’ Marks in order to unfairly compete with Plaintiffs and others for space within

organic search engine and social media results, thereby jointly depriving Plaintiffs of a valuable 

marketing and educational tool which would otherwise be available to Plaintiffs and reducing the 

visibility of Plaintiffs’ genuine goods on the World Wide Web and across social media 

platforms.

77. Defendants’ above-described actions are in violation of Section 43(a) of the 

Lanham Act, 15 U.S.C. §1125(a).

78. Plaintiffs have no adequate remedy at law, and have each sustained indivisible 

injury and damage caused by Defendants’ concurrent conduct. Absent an entry of an injunction 

by this Court, Defendants will continue to wrongfully reap profits and each Plaintiff will 

continue to suffer irreparable injury to their respective goodwill and business reputations, as well 

as monetary damages.

COUNT III - COMMON LAW UNFAIR COMPETITION

79. Plaintiffs hereby adopt and re-allege the allegations set forth in Paragraphs 1 

through 63 above.

80. This is an action against Defendants based on their promotion, advertisement, 

distribution, sale, and/or offering for sale of goods bearing and/or using marks that are virtually 

identical to Plaintiffs’ Marks in violation of Florida’s common law of unfair competition.

81. Specifically, Defendants are promoting and otherwise advertising, selling, 

offering for sale, and distributing goods bearing and/or using counterfeits and infringements of 

one or more of Plaintiffs’ Marks. Defendants are also using counterfeits and infringements of 

one or more of Plaintiffs’ Marks to unfairly compete with Plaintiffs and others for (i) space in 

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search engine and social media results across an array of search terms and (ii) visibility on the 

World Wide Web.

82. Defendants’ infringing activities are likely to cause and actually are causing 

confusion, mistake, and deception among members of the trade and the general consuming 

public as to the origin and quality of Defendants’ e-commerce stores as a whole and all products 

sold therein by their use of Plaintiffs’ Marks.

83. Plaintiffs have no adequate remedy at law and are suffering irreparable injury and 

damages as a result of Defendants’ actions.

COUNT IV - COMMON LAW TRADEMARK INFRINGEMENT

84. Plaintiffs hereby adopt and re-allege the allegations set forth in Paragraphs 1 

through 63 above.

85. This is an action for common law trademark infringement against Defendants 

based on their promotion, advertisement, offering for sale, and sale of their Counterfeit Goods 

bearing and/or using one or more of Plaintiffs’ Marks. Plaintiffs are the owners of all common 

law rights in and to Plaintiffs’ Marks. 

86. Specifically, Defendants are promoting and otherwise advertising, distributing, 

offering for sale, and selling goods bearing and/or using infringements of one or more of

Plaintiffs’ Marks.

87. Defendants’ infringing activities are likely to cause and actually are causing 

confusion, mistake, and deception among members of the trade and the general consuming 

public as to the origin and quality of Defendants’ Counterfeit Goods bearing and/or using

Plaintiffs’ Marks.

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88. Plaintiffs have no adequate remedy at law and are suffering damages and 

irreparable injury as a result of Defendants’ actions.

PRAYER FOR RELIEF

89. WHEREFORE, Plaintiffs demand judgment on all Counts of this Complaint and 

an award of equitable relief and monetary relief against Defendants as follows:

a. Entry of temporary, preliminary and permanent injunctions pursuant to 15 

U.S.C. § 1116 and Federal Rule of Civil Procedure 65 enjoining Defendants, their agents, 

representatives, servants, employees, and all those acting in concert or participation therewith, 

from manufacturing or causing to be manufactured, importing, advertising or promoting, 

distributing, selling or offering to sell their Counterfeit Goods; from infringing, counterfeiting, or 

diluting Plaintiffs’ Marks; from using Plaintiffs’ Marks, or any mark or trade dress similar 

thereto, in connection with the sale of any unauthorized goods; from using any logo, trade name

or trademark or trade dress that may be calculated to falsely advertise the services or goods of 

Defendants as being sponsored by, authorized by, endorsed by, or in any way associated with 

Plaintiffs; from falsely representing themselves as being connected with Plaintiffs, through 

sponsorship or association, or engaging in any act that is likely to falsely cause members of the 

trade and/or of the purchasing public to believe any goods or services of Defendants are in any 

way endorsed by, approved by, and/or associated with Plaintiffs; from using any reproduction, 

counterfeit, infringement, copy, or colorable imitation of Plaintiffs’ Marks in connection with the 

publicity, promotion, sale, or advertising of any goods sold by Defendants; from affixing, 

applying, annexing or using in connection with the sale of any goods, a false description or 

representation, including words or other symbols tending to falsely describe or represent 

Defendants’ goods as being those of Plaintiffs, or in any way endorsed by Plaintiffs and from 

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offering such goods in commerce; from engaging in search engine optimization strategies using 

colorable imitations of Plaintiffs’ respective name or trademarks; and from otherwise unfairly 

competing with Plaintiffs.

b. Entry of a temporary restraining order, as well as preliminary and

permanent injunctions pursuant to 28 U.S.C. § 1651(a), The All Writs Act, enjoining Defendants

and all third parties with actual notice of the injunction from participating in, including providing

financial services, technical services or other support to, Defendants in connection with the sale 

and distribution of non-genuine goods bearing and/or using counterfeits and/or infringements of 

Plaintiffs’ Marks.

c. Entry of an order pursuant to 28 U.S.C. § 1651(a), The All Writs Act, and 

the Court’s inherent authority that upon Plaintiffs’ request, each Defendant and the applicable 

governing Internet marketplace website operators and/or administrators for the Seller IDs who 

are provided with notice of the injunction disable and/or cease facilitating access to the Seller 

IDs and any other alias e-commerce stores, seller identification names, and user names being 

used and/or controlled by Defendants to engage in the business of marketing, offering to sell 

and/or selling goods bearing and/or using counterfeits and infringements of Plaintiffs’ Marks.

d. Entry of an order pursuant to 28 U.S.C. § 1651(a), The All Writs Act, and 

the Court’s inherent authority that upon Plaintiffs’ request, any Internet marketplace website 

operators and/or administrators for the Seller IDs who are provided with notice of the injunction,

identify any e-mail address known to be associated with Defendants’ respective Seller IDs.

e. Entry of an order pursuant to 28 U.S.C. § 1651(a), The All Writs Act, and 

the Court’s inherent authority that upon Plaintiffs’ request, any Internet marketplace website 

operators and/or administrators who are provided with notice of the injunction permanently 

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remove any and all listings and associated images of goods bearing and/or using counterfeits 

and/or infringements of Plaintiffs’ Marks via the e-commerce stores operating under the Seller 

IDs, and upon Plaintiffs’ request, any other listings and images of goods bearing and/or using

counterfeits and/or infringements of Plaintiffs’ Marks associated with or linked to the same 

sellers or linked to any other alias e-commerce stores, seller identification names, and user names

being used and/or controlled by Defendants to promote, offer for sale and/or sell goods bearing 

counterfeits and/or infringements of Plaintiffs’ Marks.

f. Entry of an order requiring Defendants to account to and pay Plaintiffs for 

all profits and damages resulting from Defendants’ trademark counterfeiting and infringing and 

unfairly competitive activities and that the award to Plaintiffs be trebled, as provided for under 

15 U.S.C. §1117, or, at Plaintiffs’ election with respect to Count I, that Plaintiffs be awarded 

statutory damages from each Defendant in the amount of two million dollars ($2,000,000.00) per 

each counterfeit trademark used and product sold, as provided by 15 U.S.C. §1117(c)(2) of the 

Lanham Act.

g. Entry of an award pursuant to 15 U.S.C. § 1117 (a) and (b) of Plaintiffs’ 

costs and reasonable attorneys’ fees and investigative fees associated with bringing this action.

h. Entry of an order that, upon Plaintiffs’ request, Defendants and any 

financial institutions, payment processors, banks, escrow services, money transmitters, or 

marketplace platforms, and their related companies and affiliates, identify and restrain all funds, 

up to and including the total amount of judgment, in all financial accounts and/or sub-accounts 

used in connection with the Seller IDs or other alias e-commerce stores, seller identification

names, and/or user names used by Defendants presently or in the future, as well as any other 

related accounts of the same customer(s) and any other accounts which transfer funds into the 

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same financial institution account(s), to be surrendered to Plaintiffs in partial satisfaction of the 

monetary judgment entered herein.

i. Entry of an award of pre-judgment interest on the judgment amount.

j. Entry of an order for any further relief as the Court may deem just and proper.

DATED: May 8, 2020. Respectfully submitted,

STEPHEN M. GAFFIGAN, P.A.

By: Stephen M. Gaffigan

Stephen M. Gaffigan (Fla. Bar No. 025844)

Virgilio Gigante (Fla. Bar No. 082635)

T. Raquel Wiborg-Rodriguez (Fla. Bar No. 103372)

401 East Las Olas Blvd., #130-453

Ft. Lauderdale, Florida 33301

Telephone: (954) 767-4819

E-mail: stephen@smgpa.net

E-mail: leo@smgpa.net

E-mail: raquel@smgpa.net

Attorneys for PLAINTIFFS 

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SCHEDULE “A”

[This page is the subject of Plaintiffs’ Motion to File Under Seal. As such, this page has 

been redacted in accordance with L.R. 5.4(b)(1)]

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