UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 

AUDEMARS PIGUET HOLDING SA, 

COMPAGNIE DES MONTRES LONGINES, 

FRANCILLON S.A., HENRI STERN WATCH 

AGENCY, INC., HUBLOT SA, GENÈVE, LVMH 

SWISS MANUFACTURES SA, MOVADO LLC, 

OMEGA SA, PAMP SA, TISSOT SA, and TURLEN 

HOLDING SA, 

Plaintiffs, 

vs. 

THE INDIVIDUALS, PARTNERSHIPS AND 

UNINCORPORATED ASSOCIATIONS IDENTIFIED

ON SCHEDULE “A,” 

Defendants. 

/

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF 

Plaintiffs, Audemars Piguet Holding SA, Compagnie des Montres Longines, Francillon 

S.A., Henri Stern Watch Agency, Inc., Hublot SA, Genève, LVMH Swiss Manufactures SA, 

Movado LLC, Omega SA, Pamp SA, Tissot SA, and Turlen Holding SA (collectively 

“Plaintiffs”), hereby sue Defendants, Individuals, Partnerships, and Unincorporated Associations 

identified on Schedule “A” (collectively “Defendants”). Defendants are promoting, selling, 

offering for sale, and/or distributing goods bearing counterfeits and confusingly similar 

imitations of Plaintiffs’ trademarks within this district through various Internet based ecommerce stores, social media accounts, and commercial Internet website operating under their 

seller identities and domain names set forth on Schedule “A” hereto (the “Seller IDs and Subject 

Domain Name”). In support of their claims, Plaintiffs allege as follows: 

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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), The All Writs Act, 28 U.S.C. § 

1651(a), 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, social media accounts, or fully interactive commercial Internet website 

accessible in Florida and operating under the Seller IDs and Subject Domain Name. 

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

upon information and belief, aliens 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. Audemars Piguet Holding SA (“Audemars Piguet”) is a societe anonyme 

organized under the laws of Switzerland, having its principal office in Le Brassus, Switzerland. 

Audemars Piguet, through and in connection with related companies, designs, manufactures, 

markets, and sells watches and related goods throughout the world, including within this district, 

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under multiple world-famous common law and federally registered trademarks including the 

trademarks identified in Paragraph 27 below. 

5. Compagnie des Montres Longines, Francillon S.A. (“Longines”) is a corporation 

organized and existing under the laws of Switzerland with its principal place of business located 

in Saint-Imier, Switzerland. Longines manufactures, markets, and sells watches and related 

goods throughout the world, including within this district, under multiple world-famous common 

law and federally registered trademarks including the trademarks identified in Paragraph 33 

below. 

6. Henri Stern Watch Agency, Inc. (“Henri Stern”) is a corporation organized and 

existing under the laws of the State of New York with its principal place of business in the 

United States New York, New York. Henri Stern is a subsidiary of Patek Philippe SA Geneve, a 

societe anonyme organized under the laws of Switzerland. Patek Philippe SA Geneve designs, 

develops, and markets Patek Philippe brand watches and related goods. Henri Stern is the 

exclusive importer and distributor of Patek Philippe brand watches in the United States. Patek 

Philippe SA Geneve and Henri Stern are collectively referred to herein as “Patek Philippe.” 

Patek Philippe designs, develops, markets, and sells watches and related goods throughout the 

world, including within this district, under multiple world-famous common law and federally 

registered trademarks including the trademarks identified in Paragraph 39 below. 

7. Hublot SA, Genève (“Hublot”) is a societe anonyme organized under the laws of 

Switzerland with a principal place of business in Geneve, Switzerland. Hublot, through and in 

connection with related companies, designs, manufactures, markets, and sells watches and 

related goods throughout the world, including within this district, under multiple world-famous 

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common law and federally registered trademarks including the trademarks identified in 

Paragraph 45 below. 

8. LVMH Swiss Manufactures SA (“LVMH”) is a societe anonyme organized under 

the laws of Switzerland with a principal place of business in La Chaux-de-Fonds, Switzerland. 

LVMH, through and in connection with related companies manufactures, markets, and sells 

watches and related goods throughout the world, including within this district, under multiple 

world-famous common law and federally registered trademarks including the trademarks 

identified in Paragraph 51 below. 

9. Movado LLC (“Movado”) is a limited liability company organized under the laws 

of the State of Delaware with its principal place of business in the United States in Wilmington, 

Delaware. Movado, through and in connection with related companies, manufactures, markets, 

and sells watches and related goods throughout the world, including within this district, under 

multiple world-famous common law and federally registered trademarks including the 

trademarks identified in Paragraph 57 below. 

10. Omega SA (“Omega”) is a societe anonyme organized under the laws of 

Switzerland with its principal place of business located in Bienne, Switzerland. Omega 

manufactures, markets, and sells watches and related goods throughout the world, including 

within this district, under multiple world-famous common law and federally registered 

trademarks including the trademarks identified in Paragraph 63 below. 

11. Pamp SA (“Pamp”) is a societe anonyme organized under the laws of Switzerland 

with its principal place of business located in Castel San Pietro, Switzerland. Pamp, through and 

in connection with related companies, manufactures, markets, and sells precious metals products, 

including semi-finished precious metals products for the watch industries, throughout the world, 

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including within this district, under multiple world-famous common law and federally registered 

trademarks including the trademarks identified in Paragraph 69 below. 

12. Tissot SA (“Tissot”) is a corporation organized and existing under the laws of 

Switzerland with its principal place of business located in Le Locle, Switzerland. Tissot 

manufactures, markets, and sells watches and related goods throughout the world, including 

within this district, under multiple world-famous common law and federally registered 

trademarks including the trademarks identified in Paragraph 75 below. 

13. Turlen Holding SA (“Turlen”) is a societe anonyme organized under the laws of 

Switzerland with its principal place of business located in Les Breuleux, Switzerland. Turlen, 

through and in connection with related companies manufactures, markets, and sells watches and 

related goods throughout the world, including within this district, under multiple world-famous 

common law and federally registered trademarks including the trademark identified in Paragraph 

81 below. 

14. Each Plaintiff is a member of the Federation of the Swiss Watch Industry FH 

(“the Federation”), a non-profit trade association with its principal place of business in Bienne, 

Switzerland. The Federation and its predecessors have been protecting the interests of the Swiss 

watch industry for more than 150 years. The Federation is the Swiss watch industry's leading 

trade association with nearly 500 members, representing more than 90% of Swiss firms active in 

the production and sale of watches, clocks and components. In 1999, the Federation created the 

Anti-Counterfeiting Group, which was established to combat common sources of counterfeit 

goods which cause a common harm to its members’ respective brands, individually and to the 

Swiss watch industry in its entirety, which results in further harm to each member’s brand. Since 

1999, the Federation through its anti-counterfeiting division, has worked with international law 

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enforcement and government agencies to conduct raids and investigations of counterfeit 

operations, as well as raise public awareness regarding the issue. The aim of the Federation is to 

contribute to the protection and development of the Swiss Watch Industry, to represent the latter 

to the Swiss authorities and to foreign and international authorities, and to defend the interests of 

its members on a judicial level. 

15. The Federation is authorized by the Swiss government to enforce the standards 

established by Swiss law concerning the geographical origin and quality associated with Swiss 

watches. As part of its efforts to protect the use the Swiss geographical designation for watches, 

the Federation obtained certification trademarks for the terms Swiss and Swiss Made 

(collectively, “Swiss Marks”), which are valid and registered on the Principal Register of the 

United States Patent and Trademark Office and are used in connection with watches and other 

horological instruments of Swiss origin. The Federation’s members, including Plaintiffs, expend 

substantial resources ensuring that their genuine goods meet the exacting standards established 

by the Federation as part of a combined effort to guarantee that consumers can expect certain 

quality attributes from watches, including components thereof, permitted to use the Swiss and 

Swiss Made Marks in combination with Plaintiffs’ own marks. 

16. Defendants, through the sale and offering to sell of counterfeit and infringing 

versions of Plaintiffs’ respective branded products, are directly, and unfairly, competing with 

each Plaintiffs’ economic interests in the United States, including within the State of Florida and 

causing each Plaintiff harm within this jurisdiction. 

17. 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’ 

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respective 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’ respective famous names and trademarks, as well as the destruction of the legitimate 

market sector in which they operate. 

18. 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 

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, particularly through online 

marketplace and social media platforms, has created an environment that require 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 

19. Defendants are individuals, partnerships, and/or business entities of unknown 

makeup, each of whom, upon information and belief, either reside and/or operate in foreign 

jurisdictions, or redistribute products from the same or similar sources in those locations and/or 

ship their goods from the same or similar sources in those locations to shipping and fulfillment 

centers within the United States to redistribute their products from those locations. Defendants 

have the capacity to be sued pursuant to Federal Rule of Civil Procedure 17(b). Defendants 

target their business activities towards consumers throughout the United States, including within 

this district, through the operation of commercial Internet based e-commerce stores or social 

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media accounts via the Internet marketplace websites or social media platforms under the Seller 

IDs or the fully Interactive commercial Internet website under the Subject Domain Name. 

20. Defendants use aliases in conjunction with the operation of their businesses, 

including but not limited to those identified on Schedule “A.” 

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

bearing counterfeits and infringements of Plaintiffs’ trademarks as described herein using at least 

the Seller IDs and Subject Domain Name. 

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

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

Plaintiffs’ respective trademarks to consumers within the United States and this district through 

Internet based e-commerce stores, social media accounts, or commercial Internet website using, 

at least, the Seller IDs and Subject Domain Name, and additional seller identification aliases or 

domain names 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 branded versions of one or more 

of Plaintiffs’ goods into the State. 

23. Defendants have registered, established or purchased, and maintained the Seller 

IDs and Subject Domain Name. Defendants may have engaged in fraudulent conduct with 

respect to the registration of the Seller IDs and Subject Domain Name by providing false and/or 

misleading information to the Internet based e-commerce platforms or social media websites 

where they offer to sell and/or sell, or to their domain name registrar during the registration or 

maintenance process related to their respective Seller IDs and Subject Domain Name. Upon 

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information and belief, many Defendants have registered and/or maintained their Seller IDs and 

Subject Domain Name for the sole purpose of engaging in illegal counterfeiting activities. 

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

aliases and domain names for the purpose of selling and offering for sale goods bearing 

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

preliminarily and permanently enjoined. 

25. Defendants use their Internet-based businesses to infringe the intellectual 

property rights of Plaintiffs and others. 

26. Defendants’ business names, i.e., the Seller IDs and Subject Domain Name, 

associated payment accounts, and any other alias seller identification names and domain names, 

used in connection with the sale of counterfeit and infringing goods bearing one or more of 

Plaintiffs’ 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 one or more of Plaintiffs’ respective famous 

names and/or trademarks to drive Internet consumer traffic to their e-commerce stores, social 

media accounts, and/or website operating under the Seller IDs and Subject Domain Name, 

thereby increasing the value of the Seller IDs and Subject Domain Name and decreasing the size 

and value of Plaintiffs’ legitimate marketplace at Plaintiffs’ expense. 

COMMON FACTUAL ALLEGATIONS 

Audemars Piguet’s Rights

27. Audemars Piguet is the owner of the following trademarks which are valid and 

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

“Audemars Piguet Marks”): 

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Trademark Registration 

Number 

Registration 

Date Class / Goods 

AUDEMARS 

PIGUET 913,296 June 8, 1971 IC 014.Watch straps, and jewelry. 

965,112 July 31, 1973 IC 014. Watches and clocks and parts 

thereof 

AUDEMARS 

PIGUET 1,591,934 April 17, 1990 

IC 014 - watches, clocks, stop watches, 

time recorders, chronometers, 

chronographs, watch movements, and parts 

of all the foregoing. 

2,866,069 July 27, 2004 

IC 014. Watches, wristwatches, [ 

chronometers, ] chronographs for use as 

watches, watch faces and cases, all the 

aforesaid goods being of Swiss origin 

2,873,707 August 17, 2004 IC 014. namely, watch cases, watch bands, 

watches, wristwatches 

ROYAL OAK 2,885,834 September 21, 

2004 

IC 014. watch cases, watch bands, watches, 

wristwatches 

3,480,826 May 20, 2008 

IC 014. Cuff links, pendants; jewelry, 

bijouterie, timepieces, namely, watches, 

watch making materials, namely, alarm 

clocks, chronographs for use as timepieces 

and watches, dials for clock-and-watch 

making, boxes, caskets and cases for 

timepieces and jewelry

3,696,017 October 13, 

2009 

IC 014. timepieces, namely, watches, 

wristwatches, clocks, chronographs for use 

as watches, watch straps; clock dials, watch 

cases 

4,683,263 February 10, 

2015 

IC 014. Precious metals and alloys thereof 

and goods made of precious metals or 

coated therewith, namely, cufflinks, 

pendants, watches, alarm clocks, 

chronographs for use as timepieces and 

watches, dials for clock-and-watch making, 

boxes, caskets and cases for timepieces and 

jewelry, key rings of precious metal; 

jewelry; precious stones; timepieces and 

chronometric instruments 

4,865,091 December 8, 

2015 

IC 014. Jewelry, timepieces and 

chronometric instruments 

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The Audemars Piguet Marks are used in connection with the manufacture and distribution of 

high-quality goods in the category identified above. True and correct copies of the Certificates 

of Registration for the Audemars Piguet Marks are attached hereto as Composite Exhibit “1.” 

28. Long before the Defendants began their infringing activities complained of 

herein, the Audemars Piguet Marks have been used Audemars Piguet in interstate commerce to 

identify and distinguish Audemars Piguet’s high quality goods for an extended period of time 

and serve as symbols of Audemars Piguet’s quality, reputation and goodwill. 

29. Audemars Piguet and related companies expend substantial resources developing, 

advertising and otherwise promoting the Audemars Piguet Marks. Audemars Piguet and related 

companies have spent significant monetary resources to extensively advertise and promote 

products under the Audemars Piguet Marks in magazines, newspapers, on the Internet and in 

other media worldwide, including the official Audemars Piguet website, 

www.audemarspiguet.com. The Audemars Piguet Marks qualify as famous marks as that term is 

used in 15 U.S.C. §1125(c)(1). 

30. Further, Audemars Piguet and related companies extensively use, advertise, and 

promote the Audemars Piguet Marks in the United States in connection with the sale of high 

quality goods. As a result of these efforts, the Audemars Piguet Marks are widely recognized 

trademarks in the United States, and the trademarks have achieved secondary meaning as 

identifiers of high quality goods. 

31. Audemars Piguet has carefully monitored and policed the use of the Audemars 

Piguet Marks and has never assigned or licensed the Audemars Piguet Marks to any of the 

Defendants in this matter. 

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32. Genuine goods bearing the Audemars Piguet Marks are widely legitimately 

advertised and promoted by Audemars Piguet and related companies, authorized distributors, and 

unrelated third parties via the Internet. Over the course of the several years, visibility on the 

Internet, particularly via Internet search engines such as Google, Yahoo!, and Bing has become 

increasingly important to Audemars Piguet’s overall marketing and consumer education efforts. 

Thus, Audemars Piguet and related companies expend significant monetary resources on Internet 

marketing and consumer education, including SEO strategies. Those strategies allow Audemars 

Piguet and its authorized retailers to fairly and legitimately educate consumers about the value 

associated with the Audemars Piguet Marks and the goods sold thereunder. Similarly, 

Defendants’ individual seller stores, user accounts, and website are indexed on search engines 

and compete directly with Audemars Piguet for space in the search results. 

Longines’ Rights

33. Longines is the owner of the following trademarks which are valid and registered 

on the Principal Register of the United States Patent and Trademark Office (the “Longines 

Marks”): 

Trademark Registration 

Number 

Registration 

Date Class / Goods 

065,109 September 10, 

1907 

IC 014. Watches, parts of watches, and 

watchcases 

668,956 October 28, 

1958 

IC 014. Watches and watch movements 

and parts thereof 

1,328,417 April 2, 1985 

IC 014. Clocks, Watches and Parts 

Therefor, and Jewelry and Costume 

Jewelry

1,377,147 January 7, 1986 IC 014. Watches and parts therefor, and 

jewelry and costume jewelry. 

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The Longines Marks are used in connection with the manufacture and distribution of highquality goods in the category identified above. True and correct copies of the Certificates of 

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

34. Long before the Defendants began their infringing activities complained of 

herein, the Longines Marks have been used by Longines in interstate commerce to identify and 

distinguish Longines’ high quality goods for an extended period of time and serves as symbols of 

Longines’ quality, reputation and goodwill. 

35. Longines expends substantial resources developing, advertising and otherwise 

promoting the Longines Marks. Longines and related companies have spent significant 

monetary resources to extensively advertise and promote products under the Longines Marks in 

magazines, newspapers, in stores, on the Internet and in other media worldwide, including the 

official Longines website, www.longines.com. The Longines Marks qualify as famous marks as 

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

36. Further, Longines extensively uses, advertises, and promotes the Longines Marks 

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

Marks are widely recognized trademarks in the United States, and the trademarks have achieved 

secondary meaning as identifiers of high quality goods. 

37. Longines has carefully monitored and policed the use of the Longines Marks and 

has never assigned or licensed the Longines Marks to any of the Defendants in this matter. 

38. Genuine goods bearing the Longines Marks are widely legitimately advertised 

and promoted by Longines and related companies, authorized distributors, and unrelated third 

parties via the Internet. Over the course of the past several years, visibility on the Internet, 

particularly via Internet search engines such as Google, Yahoo!, and Bing has become 

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increasingly important to Longines’ overall marketing and consumer education efforts. Thus, 

Longines and related companies expend significant monetary resources on Internet marketing 

and consumer education, including SEO strategies. Those strategies allow Longines and its 

authorized retailers to fairly and legitimately educate consumers about the value associated with 

the Longines Marks and the goods sold thereunder. Similarly, Defendants’ individual seller 

stores, user accounts, and website are indexed on search engines and compete directly with 

Longines for space in the search results.

Patek Philippe’s Rights 

39. Henri Stern is the owner of the following trademarks which are valid and 

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

Philippe Marks”): 

Trademark Registration 

Number 

Registration 

Date Class / Goods 

PATEK PHILIPPE 520,291 January 24, 

1950 IC 014 - watches. 

PATEK PHILIPPE 764,655 February 11, 

1964 IC 014. Leather Straps for Wrist Watches 

The Patek Philippe Marks are used in connection with the manufacture and distribution of high 

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

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

40. Long before the Defendants began their infringing activities complained of 

herein, the Patek Philippe Marks have been used in interstate commerce to identify and 

distinguish Patek Philippe’s high quality goods for an extended period of time and serve as 

symbols of Patek Philippe’s quality, reputation and goodwill. 

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41. Patek Philippe expends substantial resources developing, advertising and 

otherwise promoting the Patek Philippe Marks. Patek Philippe has spent significant monetary 

resources to extensively advertise and promote products under the Patek Philippe Marks in 

magazines, newspapers, on the Internet and in other media worldwide, including the official 

Patek Philippe website, www.patek.com. The Patek Philippe Marks qualify as famous marks as 

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

42. Further, Patek Philippe extensively uses, advertises, and promotes the Patek 

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

result of these efforts, the Patek Philippe Marks are widely recognized trademarks in the United 

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

43. Patek Philippe has carefully monitored and policed the use of the Patek Philippe 

Marks and has never assigned or licensed the Patek Philippe Marks to any of the Defendants in 

this matter. 

44. Genuine Patek Philippe branded goods are widely legitimately advertised and 

promoted by Patek Philippe, authorized distributors and unrelated third parties via the Internet. 

Over the course of the past several years, visibility on the Internet, particularly via Internet 

search engines such as Google, Yahoo!, and Bing has become increasingly important to Patek 

Philippe’s overall marketing and consumer education efforts. Thus, Patek Philippe expends 

significant monetary resources on Internet marketing and consumer education, including SEO 

strategies. Those strategies allow Patek Philippe and its authorized retailers to fairly and 

legitimately educate consumers about the value associated with the Patek Philippe Marks and the 

goods sold thereunder. Similarly, Defendants’ individual seller stores, user accounts, and website 

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are indexed on search engines and compete directly with Patek Philippe for space in the search 

results. 

Hublot’s Rights

45. Hublot is the owner of the following trademarks which are valid and registered on 

the Principal Register of the United States Patent and Trademark Office (the “Hublot Marks”): 

Trademark Registration 

Number 

Registration 

Date Class / Goods 

1,222,529 January 4, 1983 

IC 014. Watches and Clocks and Parts 

Therefor; Chronometers; Chronographs; 

Costume Jewelry and Jewelry Made 

Wholly or in Part of Precious Metals 

BIG BANG 3,149,003 September 26, 

2006 

IC 014: Timepieces and chronometric 

instruments and parts thereof namely 

watch cases, watch bands, watches used as 

chronographs, watches used as 

chronoscopes, chronometers, watches, 

wristwatches, dress watches, diving 

watches, movements for clocks and 

watches, movements for watches 

3,715,561 November 24, 

2009 

IC 014: Jewellery; horological and 

chronometric instruments, namely, 

watches, wristwatches, watchbands, watch 

cases, dials, clocks, wall clocks, 

chronometers, chronographs 

The Hublot Marks are used in connection with the manufacture and distribution of high-quality 

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

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

46. Long before the Defendants began their infringing activities complained of 

herein, the Hublot Marks have been used by Hublot in interstate commerce to identify and 

distinguish Hublot’s high quality goods for an extended period of time and serves as symbols of 

Hublot’s quality, reputation, and goodwill. 

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47. Hublot and related companies expend substantial resources developing, 

advertising and otherwise promoting the Hublot Marks. Hublot and related companies have 

spent significant monetary resources to extensively advertise and promote products under the 

Hublot Marks in magazines, newspapers, on the Internet and in other media worldwide, 

including the official Hublot website, www.hublot.com. The Hublot Marks qualify as famous 

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

48. Further, Hublot and related companies extensively use, advertise, and promote the 

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

the Hublot Marks are widely recognized trademarks in the United States, and the trademarks 

have achieved secondary meaning as identifiers of high quality goods. 

49. Hublot has carefully monitored and policed the use of the Hublot Marks and has 

never assigned or licensed the Hublot Marks to any of the Defendants in this matter. 

50. Genuine goods bearing the Hublot Marks are widely legitimately advertised and 

promoted by Hublot and related companies, authorized distributors, and unrelated third parties 

via the Internet. Over the course of the past several years, visibility on the Internet, particularly 

via Internet search engines such as Google, Yahoo!, and Bing has become increasingly important 

to Hublot’s overall marketing and consumer education efforts. Thus, Hublot and related 

companies expend significant monetary resources on Internet marketing and consumer 

education, including SEO strategies. Those strategies allow Hublot and its authorized retailers to 

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

the goods sold thereunder. Similarly, Defendants’ individual seller stores, user accounts, and 

website are indexed on search engines and compete directly with Hublot for space in the search 

results. 

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 LVMH’S Rights 

51. LVMH is the owner of the following trademarks which are valid and registered 

on the Principal Register of the United States Patent and Trademark Office (the “Tag Heuer 

Marks”): 

Trademark Registration 

Number 

Registration 

Date Class / Goods 

FORMULA 1 1,435,463 April 7, 1987 IC 014. Mechanical watches, and their constituent 

parts. 

1,471,988 January 12, 

1988 

IC 009. Time measuring instruments, namely, 

electronic stop watches, remote control miniprinter timers, electronic and manual timers, 

photocell timers, starting gate timers, telephone 

liaison timers, impulse distributor timers, 

electronic pistol starting timers, manual contactor 

timers. 

IC 014. Clocks, watches and parts thereof. 

IC 025. Sportswear, namely, parkas. 

TAG HEUER 2,281,436 September 28, 

1999 IC 014.Clocks, watches and parts thereof. 

HEUER 3569070 February 3, 

2009 

"IC 009. optical goods, namely, spectacles, 

sunglasses, spectacle frames, spectacles cases; 

time measuring apparatus and instruments, 

namely, electronic stop watches, remote control 

miniprinter timers, electronic and manual timers, 

photocell timers, starting gate timers, telephone 

liaison timers, impulse distributor timers, 

electronic pistol starting timers, manual contactor 

timers, calculators incorporating watch functions, 

electric time control switches and their parts; 

telephones, mobile phones, cameras, digital audio 

players and handheld mobile digital electronic 

devices for the sending and receiving of telephone 

calls, for use as a digital audio player, and for use 

as a camera; accessories for telephones, mobile 

phones and handheld mobile digital electronic 

devices, namely, cases, batteries, chargers, 

loudspeakers, microphones, stands, rests and 

frames. 

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TAG 4,868,760 December 15, 

2015 IC 014. Timepieces and chronometric instruments 

TAG HEUER 5,202,283 May 16, 2017 

IC 003. soaps; perfumes; cosmetics, creams, and 

lotions for the body and hair; shampoos; makeup 

and makeup removers; lipstick; beauty masks; 

shaving preparations; after-shave lotions and 

balms; non-medicated toiletries; deodorants for 

personal use; leather polishes; preservative creams 

for leather 

IC 009. apparatus for recording, transmission, 

reproduction, or processing of sound or images; 

electronic timers and timing sensors; calculating 

machines; equipment for data processing; timing 

dials and timing sensors; electronic timers; 

chronographs for use as specialized time recording 

apparatus; game software; computer operating 

software for smartwatches and mobile electronic 

devices; computer software for sending and 

receiving electronic mail, text messages, data, 

photographs, and videos; computer software for 

accessing, browsing, and searching online 

databases; computer software for sensing, 

monitoring, recording, displaying, measuring, and 

transmitting global positioning, direction, distance, 

altitude, speed, navigational information, weather 

information, temperature, physical activity level, 

heart rate, pulse rate, blood pressure, calories 

burned, steps taken, and biometric data; computer 

software for tracking and managing information 

regarding health, fitness, and wellness programs; 

computer peripherals; telephones; tablet 

computers; MP3 players; smartwatches; wearable 

computers; smartphones featuring a watch; 

accessories for computers, telephones, tablet 

computers, MP3 players, and smartwatches, 

namely, displays, monitors, protective covers, 

carrying cases, stands, batteries, battery chargers, 

headphones, speakers, headsets, microphones, car 

audio adapters, remote controls, connection cables, 

power adapters, docking stations, and adapter 

plugs; spectacles; sunglasses; optical lenses and 

glasses; spectacle cases; memory cards and 

integrated circuit cards; downloadable electronic 

publications in the nature of books, newsletters, 

catalogs, and brochures in the fields of watches, 

chronometric instruments, jewelry, apparel, 

Case 0:20-cv-61404-DPG Document 1 Entered on FLSD Docket 07/13/2020 Page 19 of 51
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luggage, leather accessories, personal care 

products, luxury goods, sports, and fashion; 

electronic sensors, monitors, and displays used to 

provide and display official time at sporting, 

cultural, wellness, entertainment, and educational 

events; electronic connected bracelets and 

connected cuffs for tracking the movement of 

people that also have a function of transmitting, 

and/or receiving data to and/or from personal 

digital assistants, tablets, smart phones and 

personal computers through internet websites and 

other computer and electronic communication 

networks. 

IC 014. jewelry; precious stones; horological 

instruments, namely, watches, wristwatches, and 

constitutive parts therefor; alarm clocks, clocks 

and other chronometric instruments, chronometers, 

chronographs as watches, chronometric apparatus 

for sports timing, chronometric apparatus for 

measuring and marking the time; watch bands, 

watch chains, watch springs, watch dials or watch 

glasses, watch winders, watch cases being parts of 

watches, cases and boxes adapted for holding 

watches; precious metals and their alloys; jewelry 

cases; boxes of precious metal; key rings, trinkets 

or fobs of precious metals; cuff links; bracelets; 

rings; medals; watches that also have a function of 

transmitting and/or receiving data to and/or from 

personal digital assistants, tablets, smart phones 

and personal computers through internet websites 

and other computer and electronic communication 

networks; watches containing an electronic game 

function, watches incorporating a 

telecommunication function; leather boxes adapted 

for holding watches 

IC 016. passport holders and cases 

IC 018. goods of leather and imitation leather, 

namely, leather or leatherboard boxes, leather or 

imitation leather envelopes, travel chests, bags, 

garment bags for travel, trunks, suitcases, luggage, 

carrying boxes intended for toiletry articles sold 

empty, rucksacks, handbags, beach bags, reusable 

shopping bags, shoulder bags, carrying cases, 

attaché cases, briefcases, school satchels, underarm bags, wallets, purses, money pouches, key

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cases, credit card holders; umbrellas, parasols, sun 

umbrellas, walking sticks 

IC 025. clothing, namely, underwear, sweaters, 

shirts, bodices, corsets, suits, vests, raincoats, 

skirts, coats, trousers, jumpers, dresses, jackets, 

shawls, sashes for wear, scarves, neckties, pocket 

squares, suspenders, gloves, belts, stockings, 

tights, socks, singlets, bathing suits and bathrobes; 

footwear; headwear 

IC 035. retail store services and online retail store 

services featuring cosmetics, hair care and skin 

care preparations, perfumes, shaving preparations, 

toiletries, smartwatches, computers, tablet 

computers, computer hardware, computer 

software, computer peripherals, telephones, mobile 

electronic devices, health, fitness and exercise 

sensors, monitors and displays, computer gaming 

machines and electronic games, and accessories 

for computers, telephones, and mobile electronic 

devices, sunglasses, spectacles, optical lenses and 

glasses, spectacle cases, jewelry and precious 

stones, watches, clocks, chronometric instruments, 

accessories for watches and chronometric 

instruments, leather goods, leatherware, bags, 

briefcases, luggage, wallets, purses, umbrellas, 

clothing, footwear, and headgear; public relations; 

advertising services for luxury products, namely, 

cosmetics, perfumes, optical goods, telephones, 

wearable electronic devices, jewelry, horological 

products, watches, connected watches, 

smartwatches, luggage, leatherware, bags, 

clothing, clothing accessories; business 

management and organization consultancy in the 

field of luxury goods 

5,314,173 August 8, 2017 

IC 003. soaps; perfumes; cosmetics, creams, and 

lotions for the body and hair; shampoos; makeup 

and makeup removers; lipstick; beauty masks; 

shaving preparations; after-shave lotions and 

balms; non-medicated toiletries; deodorants for 

personal use; leather polishes; preservative creams 

for leather. 

IC 009. apparatus for recording, transmission, 

reproduction, or processing of sound or images; 

electronic timers and timing sensors; calculating 

machines; equipment for data processing; timing 

dials and timing sensors; electronic timers; 

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chronographs for use as specialized time recording 

apparatus; game software; computer operating 

software for smartwatches and mobile electronic 

devices; computer software for sending and 

receiving electronic mail, text messages, data, 

photographs, and videos; computer software for 

accessing, browsing, and searching online 

databases; computer software for sensing, 

monitoring, recording, displaying, measuring, and 

transmitting global positioning, direction, distance, 

altitude, speed, navigational information, weather 

information, temperature, physical activity level, 

heart rate, pulse rate, blood pressure, calories 

burned, steps taken, and biometric data; computer 

software for tracking and managing information 

regarding health, fitness, and wellness programs; 

computer peripherals; telephones; tablet 

computers; MP3 players; smartwatches; wearable 

computers; smartphones featuring a watch; 

accessories for computers, telephones, tablet 

computers, MP3 players, and smartwatches, 

namely, displays, monitors, protective covers, 

carrying cases, stands, batteries, battery chargers, 

headphones, speakers, headsets, microphones, car 

audio adapters, remote controls, connection cables, 

power adapters, docking stations, and adapter 

plugs; spectacles; sunglasses; optical lenses and 

glasses; spectacle cases; memory cards and 

integrated circuit cards; downloadable electronic 

publications in the nature of books, newsletters, 

catalogs, and brochures in the fields of watches, 

chronometric instruments, jewelry, apparel, 

luggage, leather accessories, personal care 

products, luxury goods, sports, and fashion; 

electronic sensors, monitors, and displays used to 

provide and display official time at sporting, 

cultural, wellness, entertainment, and educational 

events; electronic connected bracelets and 

connected cuffs for tracking the movement of 

people that also have a function of transmitting, 

and/or receiving data to and/or from personal 

digital assistants, tablets, smart phones and 

personal computers through internet websites and 

other computer and electronic communication 

networks. 

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IC 010. health monitoring devices consisting of 

health, fitness and exercise sensors, heart rate 

monitors and sensors, pulse rate monitors and 

sensors, blood pressure monitors and sensors, 

respiratory monitors and sensors, thermometers, 

pedometers and monitors and displays for medical 

use to be worn during exercise and sporting 

activities. 

IC 014. jewelry; precious stones; horological 

instruments, namely, watches, wristwatches, and 

constitutive parts therefor; alarm clocks, clocks 

and other chronometric instruments, chronometers, 

chronographs as watches, chronometric apparatus 

for sports timing, chronometric apparatus for 

measuring and marking the time; watch bands, 

watch chains, watch springs, watch dials or watch 

glasses, watch winders, watch cases being parts of 

watches, cases and boxes adapted for holding 

watches; precious metals and their alloys; jewelry 

cases; boxes of precious metal; key rings trinkets 

or fobs of precious metals; cuff links; bracelets; 

rings; medals; watches that also have a function of 

transmitting and/or receiving data to and/or from 

personal digital assistants, tablets, smart phones 

and personal computers through internet websites 

and other computer and electronic communication 

networks; watches containing an electronic game 

function, watches incorporating a 

telecommunication function; leather boxes adapted 

for holding watches. 

IC 028. computer gaming machines; electronic 

games other than those adapted for use with 

television receivers only. 

IC 035. retail store services and online retail store 

services featuring cosmetics, hair care and skin 

care preparations, perfumes, shaving preparations, 

toiletries, smartwatches, computers, tablet 

computers, computer hardware, computer 

software, computer peripherals, telephones, mobile 

electronic devices, health, fitness and exercise 

sensors, monitors and displays, computer gaming 

machines and electronic games, and accessories 

for computers, telephones, and mobile electronic 

devices, sunglasses, spectacles, optical lenses and 

glasses, spectacle cases, jewelry and precious 

stones, watches, clocks, chronometric instruments, 

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accessories for watches and chronometric 

instruments, leather goods, leatherware, bags, 

briefcases, luggage, wallets, purses, umbrellas, 

clothing, footwear, and headgear; public relations; 

advertising services for luxury products, namely, 

cosmetics, perfumes, optical goods, telephones, 

wearable electronic devices, jewelry, horological 

products, watches, connected watches, 

smartwatches, luggage, leatherware, bags, 

clothing, clothing accessories; business 

management and organization consultancy in the 

field of luxury goods. 

IC 037. repair, overhaul repair, maintenance and 

polishing of portable/wearable electronic and/or 

telecommunication devices; repair, overhaul 

repair, maintenance and polishing of timepieces. 

IC 038. telecommunications services, namely, 

personal communication services, ISDN services, 

telecommunications access services, data 

transmission and reception services via 

telecommunication means, and 

telecommunications gateway services; 

telecommunication information; communications 

by computer terminals or by fiber-optic networks; 

electronic bulletin board services. 

IC 041. providing information about sporting and 

cultural activities, fitness, exercise, sports, 

entertainment, education and training exercise; 

timing of sports events. 

IC 044. health assessment services; providing 

medical information in the fields of health, fitness, 

and exercise 

The Tag Heuer Marks are used in connection with the manufacture and distribution of highquality goods in the categories identified above. True and correct copies of the Certificates of 

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

52. Long before the Defendants began their infringing activities complained of 

herein, the Tag Heuer Marks have been used by LVMH in interstate commerce to identify and 

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

LVMH’s quality, reputation and goodwill. 

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53. LVMH and related companies expend substantial resources developing, 

advertising and otherwise promoting the Tag Heuer Marks. LVMH and related companies have 

spent significant monetary resources to extensively advertise and promote products under the 

Tag Heuer Marks in magazines, newspapers, on the Internet and in other media worldwide, 

including the official Tag Heuer website, www.tagheuer.com. The Tag Heuer Marks qualify as 

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

54. Further, LVMH and related companies extensively use, advertise, and promote 

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

result, the Tag Heuer Marks are widely recognized trademarks in the United States, and the 

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

55. LVMH has carefully monitored and policed the use of the Tag Heuer Marks and 

has never assigned or licensed the Tag Heuer Marks to any of the Defendants in this matter. 

56. Genuine goods bearing the Tag Heuer Marks are widely legitimately advertised 

and promoted by LVMH and related companies, authorized distributors and unrelated third 

parties via the Internet. Over the course of the past several years, visibility on the Internet, 

particularly via Internet search engines such as Google, Yahoo!, and Bing has become 

increasingly important to LVMH’s overall marketing and consumer education efforts. Thus, 

LVMH and related companies expend significant monetary resources on Internet marketing and 

consumer education, including SEO strategies. Those strategies allow LVMH and its authorized 

retailers to fairly and legitimately educate consumers about the value associated with the Tag 

Heuer Marks and the goods sold thereunder. Similarly, Defendants’ individual seller stores, user 

accounts, and website are indexed on search engines and compete directly with LVMH for space 

in the search results. 

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Movado’s Rights 

57. Movado is the owner of the following trademarks which are valid and registered 

on the Principal Register of the United States Patent and Trademark Office (the “Movado 

Marks”): 

Trademark Registration 

Number 

Registration 

Date Class / Goods 

MOVADO 1,294,171 September 11, 

1984 IC 014. Watches and Parts Therefor 

1,381,257 February 4, 

1986 IC 014. Watches 

3785542 May 4, 2010 IC 014. Horological and chronometric 

instruments. 

The Movado Marks are used in connection with the manufacture and distribution of high-quality 

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

Registration for the Movado Marks are attached hereto as Composite Exhibit “6.” 

58. Long before the Defendants began their infringing activities complained of 

herein, the Movado Marks have been used Movado in interstate commerce to identify and 

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

Movado’s quality, reputation and goodwill. 

59. Movado and related companies expend substantial resources developing, 

advertising and otherwise promoting the Movado Marks. Movado and related companies have 

spent significant monetary resources to extensively advertise and promote products under the 

Movado Marks in magazines, newspapers, on the Internet and in other media worldwide, 

including the official Movado website, www.movado.com. The Movado Marks qualify as 

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

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60. Further, Movado and related companies extensively use, advertise, and promote 

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

result of these efforts, the Movado Marks are widely recognized trademarks in the United States, 

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

61. Movado has carefully monitored and policed the use of the Movado Marks and 

has never assigned or licensed the Movado Marks to any of the Defendants in this matter. 

62. Genuine goods bearing the Movado Marks are widely legitimately advertised 

and promoted by Movado and related companies, authorized distributors, and unrelated third 

parties via the Internet. Over the course of the several years, visibility on the Internet, 

particularly via Internet search engines such as Google, Yahoo!, and Bing has become 

increasingly important to Movado’s overall marketing and consumer education efforts. Thus, 

Movado and related companies expend significant monetary resources on Internet marketing and 

consumer education, including SEO strategies. Those strategies allow Movado and its authorized 

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

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

user accounts, and website are indexed on search engines and compete directly with Movado for 

space in the search results. 

Omega’s Rights

63. Omega is the owner of the following trademarks which are valid and registered on 

the Principal Register of the United States Patent and Trademark Office (the “Omega Marks”): 

Trademark Registration 

Number 

Registration 

Date Class / Goods 

25,036 July 24, 1894 IC 014. Watch movements and watch cases 

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SEAMASTER 556,602 March 25, 1952 IC 014. Watches, watch parts and watch 

movements. 

566,370 November 4, 

1952 IC 014. Watches and parts thereof. 

578,041 July 28, 1953 

IC 014. watches (including pocket watches, 

wrist watches with or without straps, bands 

or bracelets, pendant watches, calendar 

watches, and stopwatches) either stem-wind 

or automatic; clocks; chronometers, 

chronographs, and parts for all of the 

foregoing. 

SPEEDMASTER 672,487 January 13, 

1959 IC 014. Watches and clocks. 

734,891 July 24, 1962 IC 014. Timepieces and Parts Thereof. 

1,290,661 August 21, 1984 IC 014. Watch Cases [ , Watch Chains, and 

Watch Stands Sold as a Unit with Watches ] 

PLANET OCEAN 3,085,659 April 25, 2006 IC 014. Watches and watch parts. 

BROAD ARROW 3,418,186 April 29, 2008 

IC 014. Watches, [ watch straps, watch 

bracelets and parts thereof; ] chronometers, 

chronographs, watches made of precious 

metals, watches partly or entirely set with 

precious stones. 

SEAMASTER 3,640,080 June 16, 2009 IC 014. Jewelry, [ precious stones; ] 

horological and chronometrical instruments. 

3,757,932 March 9, 2010 IC 014. [jewelry and precious stones;] 

horological and chronometric instruments. 

AQUA TERRA 4,299,644 March 12, 2013 

IC 014. Watches, watch straps, watch 

bracelets and parts thereof, chronometers, 

chronographs for use as watches, watches 

made of precious metals, watches partly or 

entirely set with precious stones. 

CO-AXIAL 4,442,192 December 3, 

2013 

IC 014. Horological and chronometric 

instruments. 

DARK SIDE OF THE 

MOON 4,735,993 May 12, 2015 IC 014. Horological and chronometric instruments. 

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5,094,915 December 6, 

2016 

IC 014. Horological and chronometric 

instruments and parts for the aforesaid 

goods; accessories namely, watch chains, 

presentation cases for watches and cases for 

watches. 

CO-AXIAL 

MASTER 

CHRONOMETER 

5,266,563 August 15, 2017 IC 014. horological and chronometric 

instruments 

The Omega Marks are used in connection with the manufacture and distribution of high-quality 

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

Registration for the Omega Marks are attached hereto as Composite Exhibit “7.” 

64. Long before the Defendants began their infringing activities complained of 

herein, the Omega Marks have been used by Omega in interstate commerce to identify and 

distinguish Omega’s high quality goods for an extended period of time and serves as a symbol of 

Omega’s quality, reputation and goodwill. 

65. Omega expends substantial resources developing, advertising and otherwise 

promoting the Omega Mark. Omega and related companies have spent significant monetary 

resources to extensively advertise and promote products under the Omega Marks in magazines, 

newspapers, on the Internet and in other media worldwide, including the official Omega website, 

www.omegawatches.com. The Omega Marks qualify as famous marks as that term is used in 15 

U.S.C. §1125(c)(1).

66. Further, Omega extensively uses, advertises, and promotes the Omega Marks in 

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

Marks are widely recognized trademarks in the United States, and the trademarks have achieved 

secondary meaning as identifiers of high quality goods. 

67. Omega has carefully monitored and policed the use of the Omega Marks and has 

never assigned or licensed the Omega Marks to any of the Defendants in this matter. 

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68. Genuine goods bearing the Omega Marks are widely legitimately advertised and 

promoted by Omega and related companies, authorized distributors, and unrelated third parties 

via the Internet. Over the course of the past several years, visibility on the Internet, particularly 

via Internet search engines such as Google, Yahoo!, and Bing has become increasingly important 

to Omega’s overall marketing and consumer education efforts. Thus, Omega and related 

companies expend significant monetary resources on Internet marketing and consumer 

education, including SEO strategies. Those strategies allow Omega and its authorized retailers 

to fairly and legitimately educate consumers about the value associated with the Omega Marks 

and the goods sold thereunder. Similarly, Defendants’ individual seller stores, user accounts, and 

website are indexed on search engines and compete directly with Omega for space in the search 

results. 

Pamp’s Rights

69. Pamp is the owner of the following trademarks which are valid and registered on 

the Principal Register of the United States Patent and Trademark Office (the “Pamp Marks”): 

Trademark Registration 

Number 

Registration 

Date Class / Goods 

PAMP 1,477,592 February 23, 

1988 

IC 014. [ articles of jewelry, namely, rings, 

bracelets, earrings, cuff links, brooches, 

chains, necklaces, medals; jewelry; time 

pieces, namely, stop watches, clocks, alarm 

clocks; ] precious and semi-precious metal 

and their alloys in [ bands, ] bars, [ leaves, 

threads, ] ingots, [ sheets, dust, ribbons and 

tubes; and coins ] 

1,503,810 September 13, 

1988 

IC 014. jewelry in precious metals; precious 

metals and their alloys in the form of ingots, 

medals [ bands ] and bars 

1,597,361 May 22, 1990 

IC 014. articles of jewelry, small ingots of 

precious metal, precious metal sold in bulk, 

medallions and non-monetary coins made of 

precious metal 

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4,545,646 June 10, 2014 

IC 009. Apparatus for checking the 

authenticity of precious metals; * equipment 

for the authentication of goods of metal and 

documents relating thereto and * currency 

authentication apparatus [ and equipment for 

capturing the surface signature of documents 

and products in precious metal by optical 

surface authentication technology; ] scanners 

for computing; pattern recognition systems [ 

consisting ] * composed * of computer chips, 

computer hardware and software for [ use as a 

spreadsheet, word processing or in database 

management for converting data into digital 

ID ] * authenticating goods of metal and 

documents relating thereto * 

IC 035. [ Computer data gathering services, 

namely, compilation of data for business 

purposes; ] compilation of information in 

computer databases; compilation of 

information into computer databases *, all the 

aforesaid services relating to the examination, 

production, refining, certification and 

authentication of goods of metal and for the 

authentication and certification of physical 

documents relating thereto, including cash 

and passports; computer data gathering 

services * 

IC 042. Ingot authentication and certification, 

namely, testing, analysis and evaluation of the 

ingots of others for the purpose of 

certification; computer authorization, namely, 

software authoring, design and 

implementation of software and technology 

solutions for the purpose of precious metals 

and currency products and document 

authentication and tracking, and brand 

monitoring and protection, to protect against 

counterfeiting, tampering, and diversion, and 

to ensure the integrity of genuine products 

and documents; computer authentication, 

namely, electronic document and email 

authentication services; data encryption and 

decoding services; digital certificate services, 

namely, authentication, issuance and 

validation of digital certificates; digitization 

of documents, namely, electronic scanning of 

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official documents, identity card, passport; 

computer data recovery; electronic data 

backup, namely, backup services for computer 

hard drive data; computer data security 

services, namely, enforcing, restricting and 

controlling access privileges of users of 

computing resources for cloud, mobile or 

network resources based on assigned 

credentials * ; all the aforesaid services in 

connection with the examination, production, 

refining, certification and authentication of 

goods of metal and for the authentication and 

certification of physical documents relating 

thereto, including cash and passports * 

IC 045. Authentication of personal 

identification information; identification and 

verification services, namely, the provision of 

authentication of personal identification 

information *, all the aforesaid services in 

connection with the authentication of 

passports * ; assignment of identification 

numbers to affix to valuables to facilitate 

recovery in the event of loss or theft; 

automated fraud detection services in the field 

of the authentication of items made of 

precious metal 

LADY FORTUNA 5,343,249 November 28, 

2017 

IC 014. Precious metals and their alloys and 

goods made of these materials or coated 

therewith not included in other classes, 

namely, key rings, name plates of precious 

metal, boxes of precious metal, presentation 

boxes for watches; jewelry, precious stones; 

timepieces and chronometric instruments; 

jewelry ornaments; jewelry rings; jewelry 

bracelets; earrings; cuff links; jewelry 

broaches; jewelry chains; jewelry necklaces; 

medals; charms; pendants; apparatus and 

instruments for measuring and marking time, 

not included in other classes, namely, watch 

bezels, watch dials, watch crown, watch 

hands, watch rotors; chronometers; clocks; 

watches; alarm clocks; unwrought or semiwrought precious metals; alloys of precious 

metal; ingots of precious metals; gold thread 

jewelry; silver thread jewelry; jewelry threads 

of precious metal; spun silver; coins, namely

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souvenir coins, collectible coins, 

commemorative coins, non-monetary coins 

The Pamp Marks are used in connection 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 Pamp Marks are attached hereto as Composite Exhibit “8.” 

70. Long before the Defendants began their infringing activities complained of 

herein, the Pamp Marks have been used Pamp in interstate commerce to identify and distinguish 

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

quality, reputation and goodwill. 

71. Pamp and related companies expend substantial resources developing, advertising 

and otherwise promoting the Pamp Marks. Pamp and related companies have spent significant 

monetary resources to extensively advertise and promote products under the Pamp Marks in 

magazines, newspapers, on the Internet and in other media worldwide, including the official 

Pamp website, www.pamp.com. The Pamp Marks qualify as famous marks as that term is used 

in 15 U.S.C. §1125(c)(1). 

72. Further, Pamp and related companies extensively use, advertise, and promote the 

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

of these efforts, the Pamp Marks are widely recognized trademarks in the United States, and the 

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

73. Pamp has carefully monitored and policed the use of the Pamp Marks and has 

never assigned or licensed the Pamp Marks to any of the Defendants in this matter. 

74. Genuine goods bearing the Pamp Marks are widely legitimately advertised and 

promoted by Pamp and related companies, authorized distributors, and unrelated third parties via 

the Internet. Over the course of the several years, visibility on the Internet, particularly via 

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Internet search engines such as Google, Yahoo!, and Bing has become increasingly important to 

Pamp’s overall marketing and consumer education efforts. Thus, Pamp and related companies 

expend significant monetary resources on Internet marketing and consumer education, including 

SEO strategies. Those strategies allow Pamp and its authorized retailers to fairly and legitimately 

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

thereunder. Similarly, Defendants’ individual seller stores, user accounts, and website are 

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

Tissot’s Rights

75. Tissot is the owner of the following trademarks which are valid and registered on 

the Principal Register of the United States Patent and Trademark Office (the “Tissot Marks”): 

Trademark Registration 

Number 

Registration 

Date Class / Goods 

1,639,684 April 2, 1991 IC 014. watches; parts, fittings and 

fixtures for watches 

4,900,255 February 16, 

2016 

IC 014. Horological and chronometric 

instruments. 

4,971,556 June 7, 2016 IC 014. Horological and chronometric 

instruments. 

The Tissot Marks are used in connection with the manufacture and distribution of high-quality 

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

Registration for the Tissot Marks are attached hereto as Composite Exhibit “9.” 

76. Long before the Defendants began their infringing activities complained of 

herein, the Tissot Marks have been used by Tissot in interstate commerce to identify and 

distinguish Tissot’s high quality goods for an extended period of time and serves as symbols of 

Tissot’s quality, reputation and goodwill. 

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77. Tissot expends substantial resources developing, advertising and otherwise 

promoting the Tissot Marks. Tissot and related companies have spent significant monetary 

resources to extensively advertise and promote products under the Tissot Marks in magazines, 

newspapers, on the Internet and in other media worldwide, including the official Tissot website, 

www.tissotwatches.com. The Tissot Marks qualify as famous marks as that term is used in 15 

U.S.C. §1125(c)(1).

78. Further, Tissot extensively uses, advertises, and promotes the Tissot Marks in the 

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

widely recognized trademarks in the United States, and the trademarks have achieved secondary 

meaning as identifiers of high quality goods. 

79. Tissot has carefully monitored and policed the use of the Tissot Marks and has 

never assigned or licensed the Tissot Marks to any of the Defendants in this matter. 

80. Genuine goods bearing the Tissot Marks are widely legitimately advertised and 

promoted by Tissot and related companies, authorized distributors, and unrelated third parties via 

the Internet. Over the course of the past several years, visibility on the Internet, particularly via 

Internet search engines such as Google, Yahoo!, and Bing has become increasingly important to 

Tissot’s overall marketing and consumer education efforts. Thus, Tissot and related companies 

expend significant monetary resources on Internet marketing and consumer education, including 

SEO strategies. Those strategies allow Tissot and its authorized retailers to fairly and 

legitimately educate consumers about the value associated with the Tissot Marks and the goods 

sold thereunder. Similarly, Defendants’ individual seller stores, user accounts, and website are 

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

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Turlen’s Rights

81. Turlen is the owner of the following trademarks which are valid and registered on 

the Principal Register of the United States Patent and Trademark Office (the “Richard Mille 

Mark”): 

Trademark Registration 

Number 

Registration 

Date Class / Goods 

RICHARD MILLE 3,117,381 July 18, 2006 

IC 014. horological and chronometric 

instruments 

The Richard Mille Mark is used in connection with the manufacture and distribution of highquality goods in the category identified above. A true and correct copy of the Certificate of 

Registration for the Richard Mille Mark is attached hereto as Composite Exhibit “10.” 

82. Long before the Defendants began their infringing activities complained of 

herein, the Richard Mille Mark has been used by Turlen in interstate commerce to identify and 

distinguish Turlen’s high quality goods for an extended period of time and serves as a symbol of 

Turlen’s quality, reputation and goodwill. 

83. Turlen and related companies expend substantial resources developing, 

advertising and otherwise promoting the Richard Mille Mark. Turlen and related companies 

have spent significant monetary resources to extensively advertise and promote products under 

the Richard Mille Mark in magazines, newspapers, on the Internet and in other media worldwide, 

including the official Richard Mille website, www.richardmille.com. The Richard Mille Mark 

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

84. Further, Turlen and related companies extensively use, advertise, and promote the 

Richard Mille Mark in the United States in connection with the sale of high quality goods. As a 

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result, the Richard Mille Mark is widely recognized trademarks in the United States, and the 

trademark has achieved secondary meaning as an identifier of high quality goods. 

85. Turlen has carefully monitored and policed the use of the Richard Mille Mark and 

has never assigned or licensed the Richard Mille Mark to any of the Defendants in this matter. 

86. Genuine goods bearing the Richard Mille Mark are widely legitimately advertised 

and promoted by Turlen and related companies, authorized distributors, and unrelated third 

parties via the Internet. Over the course of the past several years, visibility on the Internet, 

particularly via Internet search engines such as Google, Yahoo!, and Bing has become 

increasingly important to Turlen’s overall marketing and consumer education efforts. Thus, 

Turlen and related companies expend significant monetary resources on Internet marketing and 

consumer education, including SEO strategies. Those strategies allow Turlen and its authorized 

retailers to fairly and legitimately educate consumers about the value associated with the Richard 

Mille Mark and the goods sold thereunder. Similarly, Defendants’ individual seller stores, user 

accounts, and website are indexed on search engines and compete directly with Turlen for space 

in the search results. 

Defendants’ Infringing Activities 

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

sale goods in interstate commerce bearing counterfeits and confusingly similar imitations of one 

or more of the Audemars Piguet Marks, Longines Marks, Patek Philippe Marks, Hublot Marks, 

Tag Heuer Marks, Movado Marks, Omega Marks, Pamp Marks, Tissot Marks, and/or Richard 

Mille Mark (the “Counterfeit Goods”) via the Internet based e-commerce stores, social media 

accounts, and/or website operating under at least the Seller IDs and Subject Domain Name. 

Specifically, Defendants are using the Audemars Piguet Marks, Longines Marks, Patek Philippe 

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Marks, Hublot Marks, Tag Heuer Marks, Movado Marks, Omega Marks, Pamp Marks, Tissot 

Marks, and/or Richard Mille Mark (collectively, “Plaintiffs’ Marks”) to initially attract online 

consumers and drive them to Defendants’ e-commerce stores operating under the Seller IDs and 

Subject Domain Name. Defendants are using identical copies of one or more Plaintiffs’ Marks 

for different quality goods. Plaintiffs have used their respective Marks extensively and 

continuously before Defendants began offering counterfeit and confusingly similar imitations of 

Plaintiffs’ goods. 

88. 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 and website are genuine 

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

89. Defendants advertise their e-commerce stores, social media accounts, and 

website, including their Counterfeit Goods offered for sale to the consuming public via at least 

their e-commerce stores, social media accounts, and website operating under the Seller IDs and 

Subject Domain Name. In so advertising these stores and goods, Defendants improperly and 

unlawfully use one or more of Plaintiffs’ Marks without Plaintiffs’ permission. 

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

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

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

and infringements of one or more of Plaintiffs’ Marks. Specifically, Defendants are using 

counterfeits and infringements of one or more of Plaintiffs’ Marks in order to make their ecommerce stores, social media accounts, and website selling illegal goods appear more relevant 

and attractive to consumers searching for both Plaintiffs’ and non-Plaintiffs’ goods and 

information online. By their actions, 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 of their right to fairly compete for 

space online and 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. 

91. 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. 

92. 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. 

93. 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. 

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94. 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 

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

harmed. 

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

96. Given the visibility of Defendants’ various e-commerce stores and websites and 

the similarity of their actions, it is clear Defendants are either affiliated, or at a minimum, cannot 

help but know of each other’s existence and the unified harm likely to be caused to Plaintiffs and 

the overall consumer market in which they operate as a result of Defendants’ concurrent actions 

97. Although some Defendants may be physically acting independently, they may 

properly be deemed to be acting in concert because the combined force of their actions serves to 

multiply the harm caused to Plaintiffs. 

98. Defendants’ payment and financial accounts 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 Subject Domain Name and 

any other alias seller identification names or domain names being used and/or controlled by 

them. 

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

any monetary judgment awarded to Plaintiffs. 

100. Plaintiffs have no adequate remedy at law. 

101. 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. 

102. 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. 

COUNT I - TRADEMARK COUNTERFEITING AND INFRINGEMENT 

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

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

through 102 above. 

104. 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. 

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

offering for sale, and distributing goods 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 Plaintiffs’ Marks to advertise, promote, offer to sell, 

and/or sell counterfeit and infringing versions of Plaintiffs’ branded goods. 

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106. 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. 

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

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

Plaintiffs’ expense. 

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

infringement of Plaintiffs’ Marks in violation of Plaintiffs’ rights under § 32 of the Lanham Act, 

15 U.S.C. § 1114. 

109. 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 

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)) 

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

through 102 above. 

111. 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 the Internet. 

112. 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, 

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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. 

113. Defendants have used in connection with their advertisement, offer for sale, and 

sale of the 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. 

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

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

Some Defendants have also misrepresented to members of the consuming public that the 

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

115. Additionally, many 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. 

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

Lanham Act, 15 U.S.C. §1125(a). 

117. 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 

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

monetary damages. 

COUNT III - COMMON LAW UNFAIR COMPETITION

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

through 102 above. 

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

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

identical to one or more of Plaintiffs’ Marks, in violation of Florida’s common law of unfair 

competition. 

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

offering for sale, and distributing infringing and counterfeit versions of Plaintiffs’ branded 

goods. 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 search engine and social 

media results across an array of search terms and (ii) visibility on the World Wide Web. 

121. 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. 

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

damage as a result of Defendants’ actions. 

COUNT IV - COMMON LAW TRADEMARK INFRINGEMENT 

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

through 102 above. 

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

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

bearing one or more of Plaintiffs’ Marks. Plaintiffs are the owners of all common law rights in 

and to Plaintiffs’ Marks. 

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

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

Marks. 

126. 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 Plaintiffs’ Marks. 

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

irreparable injury as a result of Defendants’ actions. 

PRAYER FOR RELIEF 

128. 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 a temporary restraining order, as well as 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 design that may be calculated to falsely 

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

strategies using colorable imitations of Plaintiffs’ respective names 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, and the Court’s 

inherent authority, enjoining Defendants and all third parties with actual notice of an injunction 

issued by the Court from participating in, including providing financial services, technical 

services or other support to, Defendants in connection with the sale and distribution of nongenuine goods bearing and/or using counterfeits 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, the top level domain (TLD) Registry 

for each of the Subject Domain Names, and any other domain names being used and/or 

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

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goods bearing counterfeits and infringements of Plaintiffs’ Marks, or their administrators, 

including backend registry operators or administrators, place the Subject Domain Names, and 

any other domains names used by Defendants, on Registry Hold status for the remainder of the 

registration period for any such domain name, thus removing them from the TLD zone files 

which link the Subject Domain Names, and any other domain names used by Defendants, to the 

IP addresses where the associated websites are hosted. 

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

the Court’s inherent authority, canceling for the life of the current registration or, at Plaintiffs’ 

election, transferring the Subject Domain Names, and any other domain names used by 

Defendants to engage in their counterfeiting of Plaintiffs’ Marks, to Plaintiffs’ control so they 

may no longer be used for illegal purposes. 

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, the applicable governing Internet 

marketplace website operators and/or administrators for the Seller IDs who are provided with 

notice of an injunction issued by the Court disable and/or cease facilitating access to the Seller 

IDs, and any other alias seller identification names being used and/or controlled by Defendants 

to engage in the business of marketing, offering to sell and/or selling goods bearing counterfeits 

and infringements of Plaintiffs’ Marks. 

f. 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 an injunction 

issued by the Court identify any e-mail address known to be associated with Defendants’ 

respective Seller ID. 

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g. 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 an injunction issued by the 

Court permanently remove from the multiple platforms, which include, inter alia, a Direct 

platform, Group platform, Seller Product Management platform, Vendor Product Management 

platform, and Brand Registry platform, any and all listings and associated images of goods 

bearing 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 counterfeits and/or infringements of Plaintiffs’ Marks associated with and/or 

linked to the same sellers or linked to any other alias seller identification 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. 

h. 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, Defendants and any Internet 

marketplace website operators and/or administrators who are provided with notice of an 

injunction issued by the Court, immediately cease fulfillment of and sequester all goods of each 

Defendant bearing one or more of Plaintiffs’ Marks in its inventory, possession, custody, or 

control, and surrender those goods to Plaintiffs. 

i. Entry of an order requiring Defendants, their agent(s) or assign(s), to 

assign all rights, title, and interest, to their Subject Domain Name(s), and any other domains 

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

selling goods bearing counterfeits and infringements of Plaintiffs’ Marks, to Plaintiffs and, if 

within five (5) days of entry of such order Defendants fail to make such an assignment, the Court 

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order the act to be done by another person appointed by the Court at Defendants’ expense, such 

as the Clerk of Court, pursuant to Federal Rule of Civil Procedure 70(a) 

j. Entry of an order requiring Defendants, their agent(s) or assign(s), to 

instruct all search engines to permanently delist or deindex the Subject Domain Name(s), and 

any other domains names being used by Defendants to engage in the business of marketing, 

offering to sell, and/or selling goods bearing counterfeits and infringements of Plaintiffs’ Marks,

and, if within five (5) days of entry of such order Defendants fail to make such a written 

instruction, the Court order the act to be done by another person appointed by the Court at 

Defendants’ expense, such as the Clerk of Court, pursuant to Federal Rule of Civil Procedure 

70(a). 

k. Entry of an order requiring, upon Plaintiffs’ request, Defendants to request 

in writing permanent termination of any messaging services, Seller IDs, user names, and social 

media accounts they own, operate, or control on any messaging service and social media 

platform; 

l. 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 type sold, as provided by 15 U.S.C. §1117(c)(2) of 

the Lanham Act. 

m. 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. 

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n. 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 and Subject Domain Name, or other alias seller 

identification or e-commerce store names, or domain names and/or websites 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 same financial institution account(s), to be 

surrendered to Plaintiffs in partial satisfaction of the monetary judgment entered herein. 

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

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

proper. 

DATED: July 13, 2020. Respectfully submitted, 

 STEPHEN M. GAFFIGAN, P.A. 

 By: s:/Stephen M. Gaffigan/____ 

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

 Virgilio Gigante (Fla. Bar No. 082635) 

 T. Raquel Rodriguez-Albizu (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 Plaintiff’s 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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