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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.

THE NORTH FACE APPAREL CORP., 

TBL LICENSING LLC, 

VANS, INC.,

JANSPORT APPAREL CORP.,

ALTRA LLC, and

ICEBREAKER APPAREL, LLC,

Plaintiffs,

vs.

THENORTHFACEALE.COM aka 

NORTHFACEBOUTIQUEPARIS.COM,

NORTHFACECOLOMBIA.ORG, NORTHFACEHRVATSKA.COM, 

NORTHFACEITALIAOUTLET.COM, NORTHFACESESPANAOUTLET.COM, NORTHFACES-IT.COM, 

NORTHFACETAKKLALE.COM, 

NORTHFACEXAUSTRALIA.COM, 

THENORTHFACEBRASOV.COM, THENORTHFACECL.COM,

THENORTHFACE-COLOMBIA.COM, 

THENORTHFACECOSTARICA.COM, 

THENORTHFACEDUBAI.COM, THENORTHFACE-GR.COM, 

THENORTHFACELISBOA.COM, 

THENORTHFACEOUTLETISTANBUL.COM, 

THENORTHFACEOUTLETTURKEY.COM, THENORTHFACEPERU.COM, THENORTHFACESKLEPWARSZAWA.COM, 

THENORTHFACETHAI.COM, and 

THENORTHFACEVIETNAMSTORE.COM; 

NORTHFACECHILE.NET aka 

NORTHFACEFACTORYSTORE.COM, 

NORTHFACESINGAPOREOUTLET.COM, 

NORTHFACEXSINGAPORE.COM, 

THENORTHFACEJACKETSINPAKISTAN.COM, 

THENORTHFACENEWYORK.COM, 

THENORTHFACENZSALE.COM, THENORTHFACEOUTLET.COM, THENORTHFACEPH.COM, 

THENORTHFACESVERIGE.COM, and 

NORTHFACEINDLASTORE.COM; 

NORTHFACEJACKETSINDIAONLINE.COM aka 

THENORTHFACE-BRASIL.COM and THENORTHFACEUK.COM;

ADIDASITIMBERLANDDAMA.COM aka 

BOTASTIMBERLANDCHILE.COM, 

BOTASTIMBERLANDHOMEM.COM, 

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 1 of 44
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LOJASTIMBERLANDLISBOA.COM, 

MAGASINTIMBERLANDSUISSE.COM, 

NOITIMBERLANDBAKANCS.COM, 

OUTLETTIMBERLANDPORTUGAL.COM, 

TIENDATIMBERLANDMADRID.COM, 

TIMBERLANDARGENTINATIENDAONLINE.COM, 

TIMBERLANDBERNSHOP.COM, TIMBERLANDBOCANCI.COM, 

TIMBERLANDBOOTSSCHUH.COM, TIMBERLANDBOTAL.COM

TIMBERLANDBOT-TURKIYE.COM, TIMBERLAND

BRUXELLES.COM, TIMBERLANDCEKET.COM, 

TIMBERLANDCIPOK.COM, 

TIMBERLANDCLEARANCESALEUK.COM, 

TIMBERLANDCOPENHAGEN.COM, TIMBERLANDDAME.COM, 

TIMBERLANDDAMENSALE.COM, 

TIMBERLANDENCOLOMBIA.COM, TIMBERLANDESPANAOUTLET.COM, TIMBERLANDGENEVE.COM, TIMBERLANDGIYIM.COM, TIMBERLANDIE.ORG, 

TIMBERLANDINARGENTINA.COM, 

TIMBERLANDIRELANDOUTLET.COM, TIMBERLANDITALY.COM, TIMBERLAND-KENGAT.COM, 

TIMBERLANDMADRIDTIENDAS.COM, 

TIMBERLANDMEXICO.COM, TIMBERLAND-MEXICO.COM,

TIMBERLANDNEGOZIROMA.COM, 

TIMBERLANDPORTUGALSALDOS.COM, 

TIMBERLANDPROMEXICO.COM, TIMBERLANDSANDAALIT.COM, TIMBERLANDSCHUHE.COM, 

TIMBERLAND-SHOES-JAPAN.COM, TIMBERLAND-SK.COM,

TIMBERLANDSKLEPWARSZAWA.COM, 

TIMBERLANDSSE.COM, TIMBERLANDSSTIEFEL.COM, 

TIMBERLANDSTOREBERLIN.COM, TIMBERLANDTENISICE.COM, TIMBERLANDVYPREDAJ.COM, 

TIMBERLANDWARSZAWA.COM, TIMBERLAND-WIEN.COM,

TIMBERLANDXAUSTRALIA.COM, TIMBERLANDXCZ.COM,

TIMBERLANDXFRANCE.COM, TIMBERLANDXGREECE.COM, 

TIMBERLANDXHRVATSKA.COM, 

TIMBERLANDXIRELANDSALE.COM, 

TIMBERLANDXOSTERREICH.COM, 

TIMBERLANDXSCHWEIZ.COM, TIMBERLANDXSUOMI.COM,

and TIMBERLANDZURICH.COM; 

BOOTTIMBERLANDHRVATSKA.COM aka 

OUTLETTIMBERLANDAT.COM, 

SCARPETIMBERLANDSCONTATE.COM, TIMBERLANDAU.COM, TIMBERLANDBOOTS-SINGAPORE.COM, 

TIMBERLANDBOOTSUSASALE.COM, 

TIMBERLANDBOTYSLEVA.COM, 

TIMBERLANDBRATISLAVA.COM, 

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TIMBERLANDBUTYPOLSKA.COM, 

TIMBERLANDCANADASTORES.COM, 

TIMBERLANDFACTORYSTORES.COM,

TIMBERLANDINMALAYSIA.COM, TIMBERLANDNORWAY.COM, TIMBERLANDONLINEMALAYSIA.COM,

TIMBERLAND-PHILIPPINES.COM, 

TIMBERLANDPHILIPPINESPRICE.COM, 

TIMBERLANDPORTUGALOJAS.COM, 

TIMBERLANDSALESINGAPORE.COM, 

TIMBERLANDSHOEGREECE.COM, 

TIMBERLANDSHOESPHILIPPINES.COM, TIMBERLANDSYDNEY.COM, TIMBERLAND-TORONTO.COM, 

TIMBERLANDXCANADA.COM, and TIMBERLANDZA.COM;

SHOPTIMBERLANDSJP.COM;

TIMBERLANDANTWERPEN.COM;

TIMBERLAND-BE.COM; TIMBERLANDINDIRIM.COM aka 

TIMBERLANDOUTLETLONDON.COM, 

TIMBERLANDUCUZTR.COM, and TIMBERLANDXBRASIL.COM;

TIMBEROUTLET.CO; OLDSKOOLCLASSICUK.COM; VANSAUSALE.COM aka VANSOUTLETJAPAN.COM and VANSSHOPHU.COM; VANSENCOLOMBIA.COM; 

VANSONLINESTORE.COM; VANSOUTLETURKISH.COM aka 

VANSSALEUK.COM, VANSSALEUSA.COM, 

VANSSHOESNEWYORK.COM, VANSSHOESSINGAPORE.COM, 

and VANSSTOREGREECE.COM; BOUTIQUEEASTPAK.NET aka 

SACEASTPAK.COM; ALTRABELGIUM.COM;

ALTRAFACTORYOUTLETS.COM aka 

ALTRALONEPEAKSG.COM, ALTRA-MALAYSIA.COM,

ALTRAPHILIPPINES.COM, ALTRARUNNINGMALAYSIA.COM,

ALTRARUNNINGNZSALE.COM, ALTRARUNNINGSG.COM,

ALTRASCHUHE.DE, ALTRASCHUHEZURICH.COM, and 

ALTRASHOESCANADAONLINE.COM; 

ALTRAFORHANDLERDANMARK.COM aka 

ALTRARUNNINGROMANIA.COM and 

RUNNINGSHOESSVERIGE.COM;

ALTRARUNNINGSOLDES.COM; ALTRASCHOENEN.COM;

ALTRA-SCHOENEN.COM; 

ALTRASCHOENENNEDERLAND.COM; and 

NEWICEBREAKER.COM aka STOREICEBREAKER.COM, 

Each an Individual, Business Entity, and Unincorporated Association,

Defendants.

_________________________________________________________/

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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES

Plaintiffs, The North Face Apparel Corp., TBL Licensing LLC, Vans, Inc., Jansport

Apparel Corp., Altra LLC, and Icebreaker Apparel, LLC (collectively “Plaintiffs”),1 hereby sue 

Defendants, the Individuals, Business Entities, and Unincorporated Associations identified in the 

caption above and set forth on Schedule “A” hereto (collectively “Defendants”). Defendants are 

promoting, selling, offering for sale and/or distributing goods bearing and/or using counterfeits 

and confusingly similar imitations of Plaintiffs’ respective trademarks within this district through 

at least the fully interactive commercial Internet websites operating under the domain names 

identified on Schedule “A” hereto (the “Subject Domain Names”). In support of their claims, 

Plaintiffs allege as follows: 

JURISDICTION AND VENUE

1. This is an action for injunctive relief and damages for federal trademark 

counterfeiting and infringement, false designation of origin, cybersquatting, common law unfair 

competition, and common law trademark infringement pursuant to 15 U.S.C. §§ 1114, 1116, 

1125(a), and 1125(d), 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 operate 

commercial websites accessible in this district, conduct business by registering and maintaining 

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 The Plaintiffs, The North Face Apparel Corp., TBL Licensing LLC, Vans, Inc., Jansport 

Apparel Corp., Altra LLC, and Icebreaker Apparel, LLC are related ultimate subsidiaries of V.F. 

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

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the Subject Domain Names within the United States, and/or direct business activities towards

consumers throughout the United States, including within the State of Florida and this district, 

through at least, the fully-interactive commercial Internet websites accessible and doing business

in Florida and operating under the Subject Domain Names. Alternatively, based on their contacts 

with the United States, Defendants are subject to personal jurisdiction in this district pursuant to 

Federal Rule of Civil Procedure 4(k)(2) because (i) Defendants are not subject to jurisdiction in 

any state’s court of general jurisdiction; and (ii) exercising jurisdiction is consistent with the 

United States Constitution and laws. 

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

upon information and belief, non-resident in the United States and engaged in infringing 

activities and cause harm within this district by advertising, offering to sell, and/or selling 

infringing products into this district. 

THE PLAINTIFFS 

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

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

business at 3411 Silverside Road, Wilmington, DE 19810. 

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

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

Stratham, NH 03885. 

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

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

Mesa, CA 92626. 

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7. Plaintiff Jansport Apparel Corp. (“Jansport”) is a company organized and existing

under the laws of the State of Delaware, having its principal place of business at 3411 Silverside

Road, Wilmington, DE 19810.

8. Plaintiff Altra LLC (“Altra”) is a company organized and existing under the laws 

of the State of Utah, having its principal place of business at 1551 Wewatta Street, Denver, CO 

80202. 

9. Plaintiff Icebreaker Apparel, LLC (“Icebreaker”) is a company organized and 

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

Little Falls Drive, Wilmington, DE 19808.

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

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

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

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

and offering for sale of counterfeit and infringing versions of goods using counterfeits of 

Plaintiffs’ respective Marks, are directly, and unfairly, competing with Plaintiffs’ economic 

interests in the United States, including the State of Florida and causing Plaintiffs irreparable 

harm and damage within this jurisdiction.

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

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

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

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

and (ii) earning substantial profits across their e-commerce websites.

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12. To combat the indivisible harm caused by the concurrent actions of Defendants 

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

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

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

The exponential growth of counterfeiting over the Internet, including through online marketplace 

platforms and social media websites, has created an environment that requires companies such as 

Plaintiffs to file a large number of lawsuits, often it later turns out, against the same individuals 

and groups, in order to protect both consumers and themselves from confusion and the erosion of 

the goodwill associated with Plaintiffs’ respective brands. 

THE DEFENDANTS

13. Defendants operate through domain names registered with registrars in multiple 

countries, including the United States, and are comprised of individuals, business entities of 

unknown makeup, and/or unincorporated associations 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. Defendants have the capacity to be sued pursuant to Federal 

Rule of Civil Procedure 17(b). Defendants direct their business activities towards consumers 

throughout the world, including the United States and within this district, through the 

simultaneous operation of at least the interactive commercial Internet websites existing under the 

Subject Domain Names. 

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

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

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15. Defendants are directly and personally contributing to, inducing, and engaging in 

the sale of counterfeit branded products as alleged herein, often times as partners, coconspirators and/or suppliers.

16. Defendants are part of an ongoing scheme to create and maintain an illegal 

marketplace enterprise on the World Wide Web, which (i) confuses consumers regarding the 

source of Defendants’ goods for profit, and (ii) expands the marketplace for illegal, counterfeit 

versions of Plaintiffs’ branded goods while shrinking the legitimate marketplace for Plaintiffs’ 

genuine branded goods. The natural and intended byproduct of Defendants’ combined actions is 

the erosion and destruction of the goodwill associated with Plaintiffs’ respective famous names 

and associated trademarks, and the destruction of the legitimate market sector in which Plaintiffs

operate.

17. Defendants are the past and present controlling forces behind the operation of the

Internet websites operating under, at least, the Subject Domain Names.

18. Defendants directly engage in unfair competition with Plaintiffs by (i) advertising, 

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

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

district through at least the interactive commercial Internet websites operating under the Subject 

Domain Names and corresponding website Uniform Resource Locator (“URL”), and any

additional domains and websites and corresponding website URLs not yet known to Plaintiffs 

and (ii) creating and maintaining an illegal marketplace enterprise for the purpose of diverting 

business from Plaintiffs’ legitimate marketplace for their genuine goods. Defendants have 

purposefully directed some portion of their unlawful activities towards consumers in the State of 

Florida through the advertisement, offer to sell, and/or sale of counterfeit branded goods into the 

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State, and by operating an illegal marketplace enterprise which impacts and interferes with 

legitimate commerce throughout the United States, including within the State of Florida.

19. Defendants have registered, established, or purchased, and maintained their 

respective Subject Domain Names and the websites operating thereunder. Defendants may have 

engaged in fraudulent conduct with respect to the registration of the Subject Domain Names by 

providing false and/or misleading information to their various registrars during the registration or 

maintenance process. Many Defendants have registered and/or maintained some of their Subject 

Domain Names to engage in illegal counterfeiting activities.

20. Defendants will likely continue to register or acquire new domain names, and 

consequently new URL addresses in connection therewith, for the purpose of selling and/or 

offering for sale goods bearing and/or using counterfeit and confusingly similar imitations of one 

or more of Plaintiffs’ respective trademarks unless preliminarily and permanently enjoined. 

Moreover, Defendants will likely continue to maintain and grow their illegal marketplace 

enterprise at Plaintiffs’ expense unless preliminarily and permanently enjoined.

21. Defendants’ Subject Domain Names and corresponding website URLs, and any 

other alias domain or e-commerce store names and corresponding websites’ URLs, and aliases 

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

more of Plaintiffs’ respective trademarks are essential components of Defendants’ counterfeiting 

and infringing activities and are one of the means by which Defendants further their 

counterfeiting and infringement scheme and cause harm to Plaintiffs. Moreover, Defendants are 

using Plaintiffs’ respective famous names and trademarks to drive Internet consumer traffic to 

their websites operating under the Subject Domain Names, thereby creating and increasing the 

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value of the Subject Domain Names and decreasing the size and value of Plaintiffs’ legitimate 

consumer marketplace at Plaintiffs’ expense. 

COMMON FACTUAL ALLEGATIONS

The North Face’s Trademark Rights

22. The North Face is the owner of all rights, title, and interest in the trademarks 

identified on Schedule “B” hereto (collectively, the “TNF Marks”), which are valid and 

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

23. The TNF Marks are used in conjunction with the manufacture and distribution of 

high-quality goods in the categories identified in Schedule “B.” True and correct copies of the 

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

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

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

quality, reputation and goodwill. 

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

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

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

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

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

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

and the trademarks have achieved secondary meaning among consumers as identifiers of highquality goods. 

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

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

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

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

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

engines and social media platforms, is important to The North Face’s overall marketing and 

consumer education efforts. Thus, The North Face, its related companies, and authorized 

distributors expend significant monetary and other resources on Internet marketing and consumer 

education regarding its products, including search engine optimization (“SEO”), search engine 

marketing (“SEM”), and social media strategies. Those strategies allow The North Face, its 

related companies, and authorized distributors to educate consumers fairly and legitimately about 

the value associated with the TNF Marks and the goods sold thereunder. 

TBL’s Trademark Rights

29. TBL is the owner of all rights in and to the trademarks identified on Schedule “C” 

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

of the United States Patent and Trademark Office. The TBL Marks are used in conjunction with 

the manufacture and distribution of high-quality goods in the categories identified in Schedule 

“C.” True and correct copies of the Certificates of Registration for the TBL Marks are attached

hereto as Composite Exhibit “2.” 

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

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

reputation and goodwill. 

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

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

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

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

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

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

trademarks have achieved secondary meaning among consumers as identifiers of high-quality 

goods. 

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

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

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

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

Internet. Visibility on the Internet, particularly via Internet search engines and social media 

platforms, is important to TBL’s overall marketing and consumer education efforts. Thus, TBL

expends significant monetary and other resources on Internet marketing and consumer education

regarding its products, including SEO, SEM, and social media strategies. Those strategies allow 

TBL and its related companies to educate consumers fairly and legitimately about the value 

associated with the TBL Marks and the goods sold thereunder. 

Vans’s Trademark Rights

35. Vans is the owner of all rights in and to the trademarks identified on Schedule 

“D” hereto (collectively, the “VANS Marks”), which are valid and registered on the Principal 

Register of the United States Patent and Trademark Office. The VANS Marks are used in 

conjunction with the manufacture and distribution of high-quality goods in the categories 

identified in Schedule “D.” True and correct copies of the Certificates of Registration for the 

VANS Marks are attached hereto as Composite Exhibit “3.”

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

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

quality, reputation and goodwill. 

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

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

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

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

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

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

trademarks have achieved secondary meaning among consumers as identifiers of high-quality 

goods.

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

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

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

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

Internet. Visibility on the Internet, particularly via Internet search engines and social media 

platforms, is important to Vans’s overall marketing and consumer education efforts. Thus, Vans 

expends significant monetary and other resources on Internet marketing and consumer education

regarding its products, including SEO, SEM, and social media strategies. Those strategies allow 

Vans and its related companies to educate consumers fairly and legitimately about the value 

associated with the VANS Marks and the goods sold thereunder. 

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Jansport’s Trademark Rights

41. Jansport is the owner of all rights in and to the trademarks identified on Schedule

“E” hereto (collectively, the “EASTPAK Marks”), which are valid and registered on the

Principal Register of the United States Patent and Trademark Office. The EASTPAK Marks are

used in conjunction with the manufacture and distribution of high-quality goods in the categories

identified in Schedule “E.” True and correct copies of the Certificates of Registration for the

EASTPAK Marks are attached hereto as Composite Exhibit “4.” 

42. The EASTPAK Marks have been used in interstate commerce to identify and 

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

quality, reputation and goodwill. 

43. Further, Jansport and its related companies expend substantial resources 

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

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

44. Jansport and its related companies extensively use, advertise, and promote the 

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

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

States, and the trademarks have achieved secondary meaning among consumers as identifiers of 

high-quality goods. 

45. Jansport has carefully monitored and policed the use of the EASTPAK Marks and 

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

46. Genuine goods bearing and/or using the EASTPAK Marks are widely legitimately 

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

Internet. Visibility on the Internet, particularly via Internet search engines and social media 

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platforms, is important to Jansport’s overall marketing and consumer education efforts. Thus, 

Jansport expends significant monetary and other resources on Internet marketing and consumer 

education regarding its products, including SEO, SEM, and social media strategies. Those 

strategies allow Jansport and its related companies to educate consumers fairly and legitimately

about the value associated with the EASTPAK Marks and the goods sold thereunder. 

Altra’s Trademark Rights

47. Altra is the owner of all rights, title, and interest in and to the trademarks 

identified on Schedule “F” hereto (collectively, the “ALTRA Marks”), which are valid and 

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

ALTRA Marks are used in conjunction with the manufacture and distribution of high-quality 

goods in the categories identified in Schedule “F.” True and correct copies of the Certificates of 

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

48. The ALTRA Marks have been used in interstate commerce to identify and 

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

quality, reputation and goodwill. 

49. Further, Altra and its related companies expend substantial resources developing, 

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

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

50. Altra and its related companies extensively use, advertise, and promote the 

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

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

States, and the trademarks have achieved secondary meaning among consumers as identifiers of 

high-quality goods. 

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51. Altra has carefully monitored and policed the use of the ALTRA Marks and has 

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

52. Genuine goods bearing and/or using the ALTRA Marks are widely legitimately 

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

Internet. Visibility on the Internet, particularly via Internet search engines and social media 

platforms, is important to Altra’s overall marketing and consumer education efforts. Thus, Altra

expends significant monetary and other resources on Internet marketing and consumer education

regarding its products, including SEO, SEM, and social media strategies. Those strategies allow 

Altra and its related companies to educate consumers fairly and legitimately about the value 

associated with the ALTRA Marks and the goods sold thereunder. 

 Icebreaker’s Trademark Rights

53. Icebreaker is the owner of all rights in and to the trademarks identified on 

Schedule “G” hereto (collectively, the “ICEBREAKER Marks”), which are valid and registered 

on the Principal Register of the United States Patent and Trademark Office. The ICEBREAKER 

Marks are used in conjunction with the manufacture and distribution of high-quality goods in the 

categories identified in Schedule “G.” True and correct copies of the Certificates of Registration 

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

54. The ICEBREAKER Marks have been used in interstate commerce to identify and 

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

Icebreaker’s quality, reputation, and goodwill. 

55. Further, Icebreaker and its related companies expend substantial resources 

developing, advertising and otherwise promoting the ICEBREAKER Marks. The 

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

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56. Icebreaker and its related companies extensively use, advertise, and promote the 

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

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

United States, and the trademarks have achieved secondary meaning among consumers as 

identifiers of high-quality goods. 

57. Icebreaker has carefully monitored and policed the use of the ICEBREAKER 

Marks and has never assigned or licensed the ICEBREAKER Marks to any Defendant in this 

matter. 

58. Genuine goods bearing and/or using the ICEBREAKER Marks are widely 

legitimately advertised and promoted by Icebreaker, its related companies, and unrelated third 

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

social media platforms, is important to Icebreaker’s overall marketing and consumer education 

efforts. Thus, Icebreaker expends significant monetary and other resources on Internet marketing 

and consumer education regarding its products, including SEO, SEM, and social media

strategies. Those strategies allow Icebreaker and its related companies to educate consumers

fairly and legitimately about the value associated with the ICEBREAKER Marks and the goods 

sold thereunder. 

Defendants’ Infringing Activities

59. Defendants are each promoting and advertising, distributing, selling, and/or 

offering for sale goods in interstate commerce bearing and/or using counterfeit and confusingly 

similar imitations of one or more of the TNF Marks, the TBL Marks, the VANS Marks, the 

EASTPAK Marks, the ALTRA Marks, and/or the ICEBREAKER Marks (the “Counterfeit 

Goods”) through the interactive commercial Internet websites operating under the Subject 

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 17 of 44
18

Domain Names, including the corresponding URL addresses. True and correct copies of the web 

pages reflecting samples of the Internet websites operating under the Subject Domain Names 

displaying Plaintiffs’ branded goods offered for sale are attached hereto as Composite Exhibit 

“7.” Specifically, Defendants are using the TNF Marks, the TBL Marks, the VANS Marks, the 

EASTPAK Marks, the ALTRA Marks, and/or the ICEBREAKER Marks (collectively, 

“Plaintiffs’ Marks”) to initially attract online consumers and drive them to Defendants’ ecommerce store websites operating under the Subject Domain Names. Defendants are each using 

identical copies of one or more of the 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.

60. 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 or through Defendants’ e-commerce store websites are 

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

61. Defendants advertise their e-commerce store websites, including their Counterfeit 

Goods offered for sale, to the consuming public via at least their commercial websites operating 

under the Subject Domain Names. In so doing, Defendants improperly and unlawfully use one or 

more of Plaintiffs’ Marks without Plaintiffs’ permission.

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 18 of 44
19

62. Most Defendants are concurrently employing and benefiting from substantially 

similar, and often times coordinated, advertising and marketing strategies based, in large 

measure, upon an unauthorized use of counterfeits and infringements of one or more of 

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

respective famous names and Plaintiffs’ Marks, or variations thereof, to make their websites

selling unauthorized 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 unlawful marketplace operating in parallel to 

the legitimate marketplace for Plaintiffs’ respective 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, 

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

brands via the Internet, and (iv) maintaining an illegal marketplace enterprise which perpetuates 

the ability of Defendants and future entrants to that marketplace to confuse consumers and harm 

Plaintiffs with impunity.

63. 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.

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 19 of 44
20

64. 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.

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

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

Plaintiffs’ consent or authorization.

66. 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’ goodwill and reputation. 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.

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

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

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

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

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

68. Moreover, Defendant Numbers 1-9 and 12-24 have registered at least one of their 

respective Subject Domain Name(s) using marks that are nearly identical and/or confusingly 

similar to at least one of Plaintiffs’ Marks (collectively the “Cybersquatted Subject Domain 

Names”).

69. Defendant Numbers 1-9 and 12-24 do not have, nor have they ever had, the right 

or authority to use Plaintiffs’ Marks for any purpose. Further, Plaintiffs’ Marks have never been 

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 20 of 44
21

assigned or licensed to be used on any of the websites operating under the Cybersquatted Subject 

Domain Names.

70. Defendant Numbers 1-9 and 12-24 have provided false and/or misleading contact 

information when applying for the registration of the Cybersquatted Subject Domain Names or 

have intentionally failed to maintain accurate contact information with respect to the registration 

of the Cybersquatted Subject Domain Names.

71. Defendant Numbers 1-9 and 12-24 have never used any of the Cybersquatted 

Subject Domain Names in connection with a bona fide offering of goods or services.

72. Defendant Numbers 1-9 and 12-24 have not made any bona fide non-commercial 

or fair use of Plaintiffs’ Marks on a website accessible under any of the Cybersquatted Subject 

Domain Names.

73. Defendant Numbers 1-9 and 12-24 have intentionally incorporated at least one of 

Plaintiffs’ respective Marks in their Cybersquatted Subject Domain Names to divert consumers 

looking for Plaintiffs’ genuine websites to their own Internet websites for commercial gain.

74. Given the visibility of Defendants’ various websites and the similarity of their 

actions, including their SEO and SEM activities, 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 it operates because of Defendants’ 

concurrent actions.

75. 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.

76. Plaintiffs have no adequate remedy at law.

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 21 of 44
22 

77. Plaintiffs are suffering irreparable injury and have suffered substantial damages 

because of Defendants’ unauthorized and wrongful use of Plaintiffs’ Marks. If Defendants’ 

counterfeiting and infringing, cybersquatting, and unfairly competitive activities, and their illegal 

marketplace enterprise, are not preliminarily and permanently enjoined by this Court, Plaintiffs 

and the consuming public will continue to be harmed. 

78. The injury 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 and by the creation, maintenance and very existence 

of Defendants’ illegal marketplace enterprise. 

COUNT I - TRADEMARK COUNTERFEITING AND INFRINGEMENT

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

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

through 78 above. 

80. 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, sale and/or 

offering for sale of the Counterfeit Goods. 

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

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

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

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

goods bearing and/or using Plaintiffs’ Marks. 

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 22 of 44
23 

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

and 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. 

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

unquantifiable damage and irreparable harm to Plaintiffs and are unjustly enriching Defendants

at Plaintiffs’ expense. 

84. Defendants’ above-described unlawful actions constitute counterfeiting and 

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

Lanham Act, 15 U.S.C. § 1114. 

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

Defendants’ above-described activities if Defendants are not preliminarily and permanently 

enjoined. 

COUNT II - FALSE DESIGNATION OF ORIGIN

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

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

through 78 above. 

87. Defendants’ Counterfeit Goods using, offered for sale, and sold under copies of 

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

United States via at least the interactive commercial Internet websites operating under the 

Subject Domain Names. 

88. Defendants’ Counterfeit Goods using, offered for sale, and sold under 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, 

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 23 of 44
24

Defendants’ activities are likely to cause confusion in the trade and among consumers as to at 

least the origin or sponsorship of their Counterfeit Goods. 

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

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

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

or represent such goods and have caused such goods to enter into commerce in the United States

with full knowledge of the falsity of such designations of origin and such descriptions and 

representations, all to Plaintiffs’ detriment.

90. Defendants have each authorized infringing uses of one or more of Plaintiffs’

Marks in Defendants’ advertisement and promotion of their counterfeit and infringing branded 

goods. Defendants have misrepresented to members of the consuming public that the Counterfeit 

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

91. Additionally, Defendants are simultaneously using counterfeits and infringements 

of one or more of Plaintiffs’ Marks to unfairly compete with Plaintiffs and others for space 

within organic and paid search engine and social media results. Defendants are thereby jointly (i) 

depriving Plaintiffs of valuable marketing and educational space online which would otherwise 

be available to Plaintiffs, and (ii) reducing the visibility of Plaintiffs’ genuine goods on the 

World Wide Web and across social media platforms.

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

Lanham Act, 15 U.S.C. §1125(a).

93. Plaintiffs have no adequate remedy at law, and have each sustained both 

individual and indivisible injury and damage caused by Defendants’ concurrent conduct. Absent 

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 24 of 44
25 

an entry of an injunction by this Court, Plaintiffs will continue to suffer irreparable injury to their 

respective goodwill and business reputations, as well as monetary damages. 

COUNT III - CLAIM FOR RELIEF FOR CYBERSQUATTING

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

(Against Defendant Numbers 1-9 and 12-24 only)

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

through 78 above.

95. Defendant Numbers 1-9 and 12-24 have acted with the bad faith intent to profit 

from the TNF Marks, the TBL Marks, the VANS Marks, the EASTPAK Marks, the ALTRA

Marks, and the ICEBREAKER Marks and the goodwill associated with the Marks by registering 

and using the Cybersquatted Subject Domain Names.

96. The TNF Marks, the TBL Marks, the VANS Marks, the EASTPAK Marks, the 

ALTRA Marks, and the ICEBREAKER Marks were distinctive and famous at the time 

Defendant Numbers 1-9 and 12-24 registered the Cybersquatted Subject Domain Names.

97. Defendant Numbers 1-9 and 12-24 have no intellectual property rights in or to the

TNF Marks, the TBL Marks, the VANS Marks, the EASTPAK Marks, the ALTRA Marks, and 

the ICEBREAKER Marks. The Cybersquatted Subject Domain Names are identical to, 

confusingly similar to, or dilutive of at least one of the TNF Marks, the TBL Marks, the VANS 

Marks, the EASTPAK Marks, the ALTRA Marks, and the ICEBREAKER Marks. 

98. Defendant Numbers 1-9 and 12-24’s registration and maintenance of the 

Cybersquatted Subject Domain Names is done with knowledge and constitutes a willful violation 

of Plaintiffs’ rights in their respective Marks. At a minimum, the conduct of these Defendants

constitutes reckless disregard for and willful blindness to Plaintiffs’ respective rights. 

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 25 of 44
26 

99. Defendant Numbers 1-9 and 12-24’s actions constitute cybersquatting in violation 

of §43(d) of the Lanham Act, 15 U.S.C. §1125(d). 

100. Plaintiffs have no adequate remedy at law and have each suffered and will 

continue to suffer irreparable injury and damage due to the above-described activities of 

Defendant Numbers 1-9 and 12-24 if these Defendants are not preliminarily and permanently 

enjoined. 

COUNT IV - COMMON LAW UNFAIR COMPETITION

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

through 78 above. 

102. This is an action against Defendants based on their (i) promotion, advertisement, 

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

virtually identical to one or more of Plaintiffs’ Marks and (ii) creation and maintenance of an 

illegal, ongoing marketplace enterprise operating in parallel to the legitimate marketplace in 

which Plaintiffs sell their genuine goods, in violation of Florida’s common law of unfair 

competition. 

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

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

one or more of Plaintiffs’ Marks. Defendants are also each 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/or (ii) visibility on the 

World Wide Web. 

104. Defendants’ infringing activities are likely to cause and are causing confusion, 

mistake, and deception among the consumers as to the origin and quality of Defendants’ eCase 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 26 of 44
27 

commerce store websites as a whole and all products sold therein by their use of Plaintiffs’ 

Marks.

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

damages because of Defendants’ actions.

COUNT V - COMMON LAW TRADEMARK INFRINGEMENT

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

through 78 above. 

107. Plaintiffs are the owners of all common law rights in and to Plaintiffs’ Marks.

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

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

bearing and/or using one or more of Plaintiffs’ Marks. 

109. Specifically, each Defendant is promoting and otherwise advertising, distributing, 

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

Plaintiffs’ Marks. 

110. Defendants’ infringing activities are likely to cause and are causing confusion, 

mistake, and deception among consumers as to the origin and quality of Defendants’ Counterfeit 

Goods bearing and/or using Plaintiffs’ Marks.

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

damages because of Defendants’ actions. 

PRAYER FOR RELIEF

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

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

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 27 of 44
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a. Entry of temporary, preliminary and permanent injunctions pursuant to 15 

U.S.C. § 1116, 28 U.S.C. § 1651(a), The All Writs Act, 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, trademark or trade dress that may be calculated to falsely advertise 

the services or goods of Defendants as being sponsored by, authorized by, endorsed by, or in any 

way associated with Plaintiffs; from falsely representing themselves as being connected with 

Plaintiffs, through sponsorship or association, or engaging in any act that is likely to falsely 

cause members of the trade and/or of the purchasing public to believe any goods or services of 

Defendants are in any way endorsed by, approved by, and/or associated with Plaintiffs; from 

using any reproduction, counterfeit, infringement, copy, or colorable imitation of Plaintiffs’

Marks in connection with the publicity, promotion, sale, or advertising of any goods sold by 

Defendants; from affixing, applying, annexing or using in connection with the sale of any goods, 

a false description or representation, including words or other symbols tending to falsely describe 

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

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

strategies using colorable imitations of Plaintiffs’ respective name or trademarks; and from 

otherwise unfairly competing with Plaintiffs.

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

permanent injunctions pursuant to 28 U.S.C. § 1651(a), The All Writs Act, and the Court’s 

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 28 of 44
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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 and/or infringements of Plaintiffs’ Marks. 

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

the Court’s inherent authority that, upon Plaintiffs’ request, those acting in concert or 

participation with Defendants who have notice of the injunction, as service providers cease 

hosting, facilitating access to, or providing any supporting service to any and all domain names, 

including but not limited to the Subject Domain Names, and websites through which Defendants 

engage in the promotion, offering for sale and/or sale of goods bearing and/or using counterfeits 

and/or infringements of Plaintiffs’ Marks.

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

the Court’s inherent authority, authorizing Plaintiffs to serve the injunction on any e-mail service 

provider with a request that the service provider permanently suspend the e-mail addresses that 

are or have been used by Defendants in connection with Defendants’ promotion, offering for 

sale, and/or sale of goods using and/or bearing counterfeits and/or infringements of Plaintiffs’ 

Marks.

e. Entry of an order pursuant to 15 U.S.C. § 1116, 28 U.S.C. § 1651(a), The 

All Writs Act, and the Court’s inherent authority that, upon Plaintiffs’ request, Defendants and 

the top level domain (TLD) Registry for each of the Subject Domain Names, and any other 

domains used by Defendants, or their administrators, including backend registry operators or 

administrators, place the Subject Domain Names on Registry Hold status for the remainder of the 

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

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 29 of 44
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which link 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 

goods bearing and/or using counterfeits and/or infringements of Plaintiffs’ Marks, to the IP 

addresses where the associated websites are hosted.

f. 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 and/or infringement of Plaintiffs’ Marks at issue to 

Plaintiffs’ control so they may no longer be used for unlawful purposes.

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

the Court’s inherent authority, authorizing Plaintiffs to request any Internet search engines which 

are provided with notice of the injunction, to permanently disable, de-index or delist the specific 

URLs identified by Plaintiffs, based upon Defendants’ unlawful activities being conducted via 

the Subject Domain Names as a whole and via the URLs identified by Plaintiffs.

h. Entry of an order pursuant to 15 U.S.C. § 1116 and the Court’s inherent 

authority, requiring Defendants, their agent(s) or assign(s), to assign all rights, title, and interest, 

to their Subject Domain Name(s) and any other domain names used by Defendants to Plaintiffs

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

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).

i. Entry of an order pursuant to 15 U.S.C. § 1116 and the Court’s inherent 

authority, 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 domain names used by 

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 30 of 44
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Defendants, 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).

j. 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 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 offered for sale or sold, as provided by 15 U.S.C. §1117(c)(2) of the Lanham Act.

k. Entry of an order requiring Defendant Numbers 1-9 and 12-24 to account 

to and pay Plaintiffs for all profits and damages resulting from those Defendants’ cybersquatting 

activities and that the award to Plaintiffs be trebled, as provided for under 15 U.S.C. §1117, or 

that Plaintiffs be awarded statutory damages from Defendant Numbers 1-9 and 12-24 in the 

amount of one hundred thousand dollars ($100,000.00) per cybersquatted domain name used as 

provided by 15 U.S.C. §1117(d) of the Lanham Act.

l. 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,

including the cost of corrective advertising.

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

n. Entry of an Order requiring Defendants to pay the cost necessary to 

correct any erroneous impression the consuming public may have received or derived concerning 

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 31 of 44
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the nature, characteristics, or qualities of Defendants’ products, including without limitation, the 

placement of corrective advertising and providing written notice to the public. 

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

DATED: September 15, 2022. Respectfully submitted, 

 STEPHEN M. GAFFIGAN, P.A.

 By: Stephen M. Gaffigan

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

 Virgilio Gigante (Fla. Bar No. 082635) 

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

 401 East Las Olas Blvd., #130-453 

 Ft. Lauderdale, Florida 33301 

 Telephone: (954) 767-4819 

 E-mail: stephen@smgpa.net

 E-mail: leo@smgpa.net

 E-mail: raquel@smgpa.net

 

 Attorneys for PLAINTIFFS 

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 32 of 44
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SCHEDULE “A”

DEFENDANTS BY NUMBER AND SUBJECT DOMAIN NAME

Defendant

Number Defendant / Subject Domain Name 

1 

thenorthfaceale.com a/k/a

northfaceboutiqueparis.com 

northfacecolombia.org 

northfacehrvatska.com 

northfaceitaliaoutlet.com

northfacesespana-outlet.com 

northfaces-it.com 

northfacetakklale.com

northfacexaustralia.com

thenorthfacebrasov.com 

thenorthfacecl.com 

thenorthface-colombia.com 

thenorthfacecostarica.com

thenorthfacedubai.com 

thenorthface-gr.com 

thenorthfacelisboa.com 

thenorthfaceoutletistanbul.com 

thenorthfaceoutletturkey.com 

thenorthface-peru.com 

thenorthfacesklepwarszawa.com 

thenorthfacethai.com 

thenorthfacevietnamstore.com

2 

northfacechile.net a/k/a

northfacefactorystore.com

northfacesingaporeoutlet.com 

northfacexsingapore.com 

thenorthfacejacketsinpakistan.com 

thenorthfacenewyork.com 

thenorthfacenzsale.com

thenorthface-outlet.com 

thenorthfaceph.com 

thenorthfacesverige.com 

northfaceindlastore.com

3 

northfacejacketsindiaonline.com a/k/a

thenorthface-brasil.com

thenorthfaceuk.com

4 

adidasitimberlanddama.com a/k/a

botastimberlandchile.com 

botastimberlandhomem.com 

lojastimberlandlisboa.com 

magasintimberlandsuisse.com

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 33 of 44
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noitimberlandbakancs.com

outlettimberlandportugal.com

tiendatimberlandmadrid.com

timberlandargentinatiendaonline.com

timberlandbernshop.com

timberlandbocanci.com

timberlandbootsschuh.com

timberlandbotal.com

timberlandbot-turkiye.com

timberland-bruxelles.com

timberlandceket.com

timberlandcipok.com

timberlandclearancesaleuk.com

timberlandcopenhagen.com

timberlanddame.com

timberlanddamensale.com

timberlandencolombia.com

timberlandespana-outlet.com

timberlandgeneve.com

timberland-giyim.com

timberlandie.org

timberlandinargentina.com

timberlandirelandoutlet.com

timberland-italy.com

timberland-kengat.com

timberlandmadridtiendas.com

timberlandmexico.com

timberland-mexico.com

timberlandnegoziroma.com

timberlandportugalsaldos.com

timberlandpromexico.com

timberland-sandaalit.com

timberlandschuhe.com

timberland-shoes-japan.com

timberland-sk.com

timberlandsklepwarszawa.com

timberlandsse.com

timberlandsstiefel.com

timberlandstoreberlin.com

timberland-tenisice.com

timberlandvypredaj.com

timberlandwarszawa.com

timberland-wien.com

timberlandxaustralia.com

timberlandxcz.com

timberlandxfrance.com

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 34 of 44
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timberlandxgreece.com

timberlandxhrvatska.com

timberlandxirelandsale.com

timberlandxosterreich.com

timberlandxschweiz.com

timberlandxsuomi.com

timberlandzurich.com

5

boottimberlandhrvatska.com a/k/a

outlettimberlandat.com

scarpetimberlandscontate.com

timberland-au.com

timberlandboots-singapore.com

timberlandbootsusasale.com

timberlandbotysleva.com

timberlandbratislava.com

timberlandbutypolska.com

timberlandcanadastores.com

timberlandfactorystores.com

timberlandinmalaysia.com

timberland-norway.com

timberlandonlinemalaysia.com

timberland-philippines.com

timberlandphilippinesprice.com

timberlandportugalojas.com

timberlandsalesingapore.com

timberlandshoegreece.com

timberlandshoesphilippines.com

timberland-sydney.com

timberland-toronto.com

timberlandxcanada.com

timberlandza.com

6 shoptimberlandsjp.com

7 timberlandantwerpen.com

8 timberland-be.com

9

timberlandindirim.com a/k/a

timberlandoutletlondon.com

timberlanducuztr.com

timberlandxbrasil.com

10 timberoutlet.co

11 oldskoolclassicuk.com

12

vansau-sale.com a/k/a

vansoutletjapan.com

vansshop-hu.com

13 vansencolombia.com

14 vansonlinestore.com

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 35 of 44
36

15

vansoutleturkish.com a/k/a

vanssaleuk.com

vanssaleusa.com

vansshoesnewyork.com

vansshoessingapore.com

vansstoregreece.com

16 boutiqueeastpak.net a/k/a

saceastpak.com

17 altrabelgium.com

18

altrafactoryoutlets.com a/k/a

altralonepeaksg.com

altra-malaysia.com

altraphilippines.com

altrarunningmalaysia.com

altrarunningnzsale.com

altrarunningsg.com

altraschuhe.de

altraschuhezurich.com

altrashoescanadaonline.com

19

altraforhandlerdanmark.com a/k/a

altrarunningromania.com

runningshoessverige.com

20 altrarunningsoldes.com

21 altraschoenen.com

22 altra-schoenen.com

23 altraschoenennederland.com

24 newicebreaker.com a/k/a

storeicebreaker.com

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 36 of 44
37 

SCHEDULE “B”

THE NORTH FACE APPAREL CORP.’S 

FEDERALLY REGISTERED TRADEMARKS

Trademark Registration 

Number Registration Date Class(es)/Goods

THE NORTH 

FACE 0,983,624 May 14, 1974 

USC 003 - Backpacks 

USC 022 - Sleeping bags; tents, 

snowshoes, and skis 

USC 039 - Camping clothing 

namely rainwear, parkas, vests, 

trousers, shoes, gloves and 

headgear

1,030,071 January 13, 1976

IC 018 - Backpacks 

IC 020 - Sleeping bags 

IC 022 - Tents 

IC 025 - Camping clothing, 

namely, rainwear, parkas, vests, 

trousers, shoes, gloves, headgear 

and snowshoes

2,097,715 September 16, 1997 

IC 018 – Backpacks

IC 020 - Sleeping bags 

IC 022 - Tents 

IC 025 - Clothing, namely, 

parkas, vests, jackets, anoraks, 

pants, ski bibs, gloves, mittens, 

underwear, hats, headbands, caps, 

ski suits, gaiters, shorts, and 

shirts

2,300,758 December 14, 1999 IC 025 – Shoes 

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 37 of 44
38

Trademark Registration 

Number Registration Date Class(es)/Goods

3,538,773 November 25, 2008

IC 009 - Computer bags 

IC 018 - All purpose sporting 

bags, backpacks, day packs, 

knapsacks, rucksacks, book bags, 

tote bags, handbags, duffel bags, 

knap sacks and duffel sacks, hip 

and lumbar packs, shoulder bags, 

book bags, waist packs, fanny 

packs, day packs, shoulder bags, 

satchels, mountaineering bags, 

Boston bags, internal frame 

packs, backpack bottle pockets, 

rain covers used to cover the 

aforesaid; hydration packs, 

namely, backpack hydration 

systems consisting of a backpack, 

a reservoir, and a mouthpiece 

connected to the reservoir by a

tube; parts and fittings for all the 

aforesaid goods

IC 020 - Sleeping bags; covers 

for sleeping bags; sacks for 

carrying and storing sleeping 

bags; non-metal tent poles and 

tent stakes 

IC 021 - Hydration packs, 

namely, hydration system 

consisting of a reservoir and a 

mouthpiece connected to the 

reservoir by a tube

IC 022 - Tents; tent accessories, 

namely, tent storage bags, rain 

flies, vinyl ground cloths, tent 

pole storage sacks

IC 025 - Clothing, namely, men's, 

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

shirts, tops, sweatshirts, 

sweatpants, pants, side zip pants, 

shorts, trousers, vests, parkas, 

anoraks, coats, jackets, windresistant jackets, jacket hoods, 

pullovers, sweaters, underwear, 

thermal underwear, tights, gloves, 

mittens; outerwear, namely, 

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 38 of 44
39

Trademark Registration 

Number Registration Date Class(es)/Goods

shells, one-piece shell suits, ski 

wear, ski suits, ski vests, ski 

jackets, ski bibs, bib overalls, bib 

pants, snowboard wear, snow 

pants, snow suits, rain wear, rain 

jackets, rain pants, gaiters, 

namely, neck gaiters, skirts, 

skorts, dresses, swim trunks; 

footwear, namely, athletic shoes, 

sneakers, trail running shoes, 

climbing shoes, hiking shoes, 

slippers, boots, trekking boots, 

hiking boots, snowshoes, sandals; 

headgear, namely, caps, hats, 

headbands, scarves, earbands, 

balaclavas, visors, beanies

IC 035 - On-line retail store 

services, retail store services, 

mail order, catalogue and 

distributorship services, all 

featuring camping and outdoor 

gear and equipment, hardware, 

clothing, sportswear, eyewear, 

footwear, headgear, sports 

equipment and related accessories

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

rainwear; scarves; ski wear

3,630,850 June 2, 2009

IC 025 - Footwear; gloves; 

headgear, namely, hats, caps, 

headbands, visors, hosiery, 

namely long underwear; jackets; 

mittens; pants; parkas; shirts; 

shorts; ski jackets; skirts; tights; 

vests

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 39 of 44
40 

SCHEDULE “C” 

TBL LICENSING LLC’S 

FEDERALLY REGISTERED TRADEMARKS

Trademark Registration 

Number Registration Date Class(es)/Goods

1,075,061 October 11, 1977

IC 025 - Footwear, namely 

boots, work shoes, and 

hiking shoes 

TIMBERLAND 2,932,268 March 15, 2005 

IC 025 - Footwear; clothing, 

namely coats, jackets, 

rainwear, sweaters, shirts, 

pants, shorts, headwear, 

gloves, neckwear, belts, 

sweatshirts, t-shirts, vests, 

socks

2,947,228 May 10, 2005 

IC 025 - Footwear; clothing, 

namely coats, jackets, 

rainwear, sweaters, shirts, 

pants, shorts, headwear, 

gloves, neckwear, belts, 

sweatshirts, t-shirts, vests, 

socks

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 40 of 44
41 

SCHEDULE “D” 

VANS, INC.’S 

FEDERALLY REGISTERED TRADEMARKS

Trademark Registration 

Number Registration Date Class(es)/Goods

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

1,353,939 August 13, 1985 

IC 014 - Jewelry

IC 018 – Wallets, handbags 

and all purpose tote bags 

IC 025 - Wearing apparel, 

namely, sport shirts, t-shirts, 

hats, short, jogging suits, 

socks, swimsuits and shoes

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

IC 025 - Shoes and wearing 

apparel namely sport shirts, 

t-shirts, hats, shorts, jogging 

suits, socks, swimsuits

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

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 41 of 44
42 

SCHEDULE “E” 

JANSPORT APPAREL CORP.’S

FEDERALLY REGISTERED TRADEMARKS

Trademark Registration

Number Registration Date Class(es)/Goods

EASTPAK 1,524,386 February 14, 1989 

IC 016 - Book bags 

IC 018 - Brief cases and 

luggage, back packs, day packs,

knapsacks, tote bags, duffle

bags

EASTPAK 2,017,368 November 19, 1996 

IC 018 - All-purpose sporting

bags, soft luggage, luggage

cases, backpacks, day packs,

knapsacks, bookbags, tote bags, 

duffel bags, garment bags,

clothing bags, pullman cases

and briefcases

5,961,970 January 14, 2020

IC 016 - Pencil cases

IC 018 - Backpacks; Coin 

purses; Drawstring bags; Duffle 

bags; Fanny packs; Handbags; 

Luggage; Messenger bags; 

Shoulder bags; Tote bags; 

Wallets; Briefcases and attache 

cases; Suitcases with wheels; 

Toiletry cases sold empty; 

Wheeled duffle bags

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 42 of 44
43 

SCHEDULE “F” 

ALTRA LLC’S

FEDERALLY REGISTERED TRADEMARKS

Trademark Registration

Number Registration Date Class(es)/Goods

3,999,473 July 19, 2011 

IC 025 - Athletic shoes; 

Footwear for track and field 

athletics; Running shoes; 

Shoes; Training shoes; 

Women's shoes

4,134,272 May 1, 2012 IC 025 - Shoes; T-shirts

5,351,204 December 5, 2017 

IC 025 - Footwear; Footwear 

for men; Footwear for women; 

Gaiters; Hats; Socks; Athletic 

footwear; Water repelling 

footwear; Headbands; Pants; 

Shirts; Shorts; T-shirts; Tights; 

Clothing, namely, arm 

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 43 of 44
44 

SCHEDULE “G” 

ICEBREAKER APPAREL, LLC’S 

FEDERALLY REGISTERED TRADEMARKS

Trademark Registration 

Number Registration Date Class(es)/Goods

ICEBREAKER 4,565,860 July 15, 2014 

IC 025 - Outerwear, 

namely, muffs; footwear, 

namely, insulated over

boots

ICEBREAKER 4,893,214 January 26, 2016

IC 025 - Clothing, namely, 

pullovers, scarves, shirts, 

sweatshirts, singlets, socks, 

sweaters, tee shirts, 

underclothes, boxer shorts, 

jockey shorts, underpants, 

underwear, thermal 

underwear, camisoles, 

shorts, pants, jackets, coats, 

jerseys, jumpers, vests, 

leggings, neck warmers, and 

gloves; headgear, namely, 

caps, hats, balaclavas

Case 0:22-cv-61734-RS Document 1 Entered on FLSD Docket 09/15/2022 Page 44 of 44