1 

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 

THE NORTH FACE APPAREL CORP.,

Plaintiff,

vs.

21833969; 21254964; 21794491; 21741987; 

21822833; 21707555; 21759002; 21780110; 

21806114; 20102264; 21806414; 21833141; 

21847528; 20322647; 21796424; 21840833; 

21730083; 21709769; 21786706; 21215839; 

21622304; 21732300; 21796301; 20969039; 

21567148; 21755566; 21806610; 20398045; 

21563227; 21190679; 21271785; 21794929; 

21834956; 21778007; 21711054; 21167384; 

21769869; 21710702; 21779608; 21841180; 

21804125; 20986610; 21812796; 20020973; 

21722163; 21105650; 20601615; 21755409; 

21733788; 21718876; 21820183; 21566968; 

21751346; 21763333; 21666998; 21076094; 

21656555; 21815059; 21844827; 21123978; 

21840309; 21814620; 21756133; 21666879; 

14394816; 21821318; 21573714; 21666915; 

21813589; 21815118; 21068994; 21209654; 

21826211; 21823354; 21063221; 21823898; 

14497670; 21190333; 21828772; 21826119; 

21740336; 21409017; 21566351; 20899944; 

21759030; 21831037; 21833842; 20348018; 

21034348; 21823997; 21819911; and 

21650863, Each an Individual, Business Entity, 

or Unincorporated Association, 

Defendants.

_________________________________________/

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

Plaintiff, The North Face Apparel Corp. (“Plaintiff” or “The North Face”),1 hereby sues 

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

1 Plaintiff, The North Face Apparel Corp., is a related ultimate subsidiary of V.F. Corporation 

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

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

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

confusingly similar imitations of The North Face’s trademarks within this district through 

various Internet based e-commerce stores operating on the DHgate.com platform under the store 

identification numbers set forth on Schedule “A” (the “Store IDs”). In support of its claims, The 

North Face alleges as follows: 

JURISDICTION AND VENUE

1. This is an action for damages and injunctive relief 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 The North 

Face’s 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, e-commerce stores 

accessible and doing business in Florida and operating under the Store IDs. 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.

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

shipping infringing products into this district. 

THE PLAINTIFF

4. 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. Goods bearing The North Face’s registered trademarks set forth below are offered 

for sale and sold by The North Face and/or its licensees which are related operating companies

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

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

the sale and offer to sell counterfeit and infringing versions of The North Face’s branded 

products, are directly and unfairly competing with The North Face’s economic interests in the 

United States, including the State of Florida, and causing The North Face irreparable harm 

within this jurisdiction.

6. Like many other famous trademark owners, The North Face suffers ongoing daily 

and sustained violations of its trademark rights at the hands of counterfeiters and infringers, such 

as Defendants herein, who wrongfully reproduce and counterfeit The North Face’s trademarks 

for the twin purposes of (i) duping and confusing the consuming public and (ii) earning 

substantial profits across their e-commerce stores and websites. The natural and intended 

byproduct of Defendants’ combined actions is the erosion and destruction of the goodwill 

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associated with The North Face’s name and associated trademarks and the destruction of the 

legitimate market sector in which it operates. 

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

and others engaging in similar conduct, each year The North Face expends 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 

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

North Face, to expend significant resources across a wide spectrum of efforts in order to protect 

both consumers and it from confusion and the erosion of the goodwill embodied in The North 

Face’s brand. 

THE DEFENDANTS

8. Defendants are individuals, business entities of unknown makeup, or 

unincorporated associations each of whom, upon information and belief, either reside and/or 

operate in foreign jurisdictions, 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 

consumers as well as 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 toward consumers 

throughout the United States, including within this district, through the simultaneous operation 

of, at least, their commercial e-commerce stores under the Store IDs. 

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

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

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

bearing and/or using counterfeits and infringements of The North Face’s trademarks as described

herein.

11. Defendants directly engage in unfair competition with The North Face by

advertising, offering for sale, and selling goods each bearing and/or using counterfeits and 

infringements of one or more of The North Face’s individual trademarks to consumers within the 

United States and this district through e-commerce stores using, at least, the Store IDs, as well as 

additional store identification numbers not yet known to The North Face. Defendants have 

purposefully directed some portion of their unlawful 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 The North Face’s goods into the State. 

12. Defendants have registered, established or purchased, and maintained their Store 

IDs. Defendants may have engaged in fraudulent conduct with respect to the registration or 

maintenance of the Store IDs by providing false and/or misleading information to the relevant ecommerce platforms where they offer to sell and/or sell. Many Defendants have registered and/or

maintained some of their Store IDs for the sole purpose of engaging in unlawful counterfeiting 

and infringing activities.

13. Defendants will likely continue to register or acquire new alias store identification 

numbers or other aliases and related payment accounts 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 The North Face’s trademarks unless permanently enjoined.

14. Defendants’ Store IDs, associated payment accounts, and any other alias ecommerce store names, store identification numbers, and seller identification names used in

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

The North Face’s 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 The North Face. Moreover, Defendants are using The North Face’s famous name 

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

Store IDs, thereby increasing the value of the Store IDs and decreasing the size and value of The 

North Face’s legitimate marketplace and intellectual property rights at The North Face’s 

expense. 

COMMON FACTUAL ALLEGATIONS

The North Face’s Trademark Rights

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

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

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

Trademark Registration 

Number Registration Date Class(es)/Goods

THE NORTH 

FACE 0,983,624 May 14, 1974 

USC 003 - Backpacks 

USC 022 - Sleeping bags; tents, 

snowshoes, and skis 

USC 039 - Camping clothing 

namely rainwear, parkas, vests, 

trousers, shoes, gloves and headgear

1,030,071 January 13, 1976

IC 018 - Backpacks 

IC 020 - Sleeping bags 

IC 022 - Tents 

IC 025 - Camping clothing, namely, 

rainwear, parkas, vests, trousers, 

shoes, gloves, headgear and 

snowshoes

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Trademark Registration 

Number Registration Date Class(es)/Goods

2,097,715 September 16, 1997

IC 018 - Backpacks

IC 020 - Sleeping bags

IC 022 - Tents 

IC 025 - Clothing, namely, parkas, 

vests, jackets, anoraks, pants, ski 

bibs, gloves, mittens, underwear, 

hats, headbands, caps, ski suits, 

gaiters, shorts, and shirts

3,538,773 November 25, 2008

IC 009 - Computer bags 

IC 018 - All purpose sporting bags, 

backpacks, day packs, knapsacks, 

rucksacks, book bags, tote bags, 

handbags, duffel bags, knap sacks 

and duffel sacks, hip and lumbar 

packs, shoulder bags, book bags, 

waist packs, fanny packs, day 

packs, shoulder bags, satchels, 

mountaineering bags, Boston bags, 

internal frame packs, backpack 

bottle pockets, rain covers used to 

cover the aforesaid; hydration 

packs, namely, backpack hydration 

systems consisting of a backpack, a 

reservoir, and a mouthpiece 

connected to the reservoir by a tube; 

parts and fittings for all the 

aforesaid goods

IC 020 - Sleeping bags; covers for 

sleeping bags; sacks for carrying 

and storing sleeping bags; nonmetal tent poles and tent stakes 

IC 021 - Hydration packs, namely, 

hydration system consisting of a 

reservoir and a mouthpiece 

connected to the reservoir by a tube 

IC 022 - Tents; tent accessories, 

namely, tent storage bags, rain flies, 

vinyl ground cloths, tent pole 

storage sacks

IC 025 - Clothing, namely, men's, 

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

shirts, tops, sweatshirts, sweatpants, 

pants, side zip pants, shorts, 

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Trademark Registration 

Number Registration Date Class(es)/Goods

trousers, vests, parkas, anoraks, 

coats, jackets, wind-resistant 

jackets, jacket hoods, pullovers, 

sweaters, underwear, thermal 

underwear, tights, gloves, mittens; 

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

ski vests, ski jackets, ski bibs, bib 

overalls, bib pants, snowboard 

wear, snow pants, snow suits, rain 

wear, rain jackets, rain pants, 

gaiters, namely, neck gaiters; skirts, 

skorts, dresses, swim trunks; 

footwear, namely, athletic shoes, 

sneakers, trail running shoes, 

climbing shoes, hiking shoes, 

slippers, boots, trekking boots, 

hiking boots, snowshoes, sandals; 

headgear, namely, caps, hats, 

headbands, scarves, earbands, 

balaclavas, visors, beanies 

IC 035 - On-line retail store 

services, retail store services, mail

order, catalogue and distributorship 

services, all featuring camping and 

outdoor gear and equipment, 

hardware, clothing, sportswear, 

eyewear, footwear, headgear, sports 

equipment and related accessories

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

rainwear; scarves; ski wear

3,630,850 June 2, 2009

IC 025 - Footwear; gloves; 

headgear, namely, hats, caps, 

headbands, visors, hosiery, namely 

long underwear; jackets; mittens; 

pants; parkas; shirts; shorts; ski 

jackets; skirts; tights; vests

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

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

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

16. 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. 

17. 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).

18. 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.

19. 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.

20. 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 

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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 and the problems 

associated with the counterfeiting of The North Face’s trademarks. 

Defendants’ Infringing Activities

21. 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 “Counterfeit Goods”) through at least 

the e-commerce stores under the Store IDs. In connection therewith, Defendants use the listing 

and associated images identified by the infringing product numbers on Schedule “A” annexed 

hereto. Specifically, Defendants are using the TNF Marks to initially attract online consumers

and drive them to Defendants’ e-commerce stores operating under the Store IDs. Defendants are

each using identical copies of one or more of the TNF Marks for different quality goods. The 

North Face has used the TNF Marks extensively and continuously before Defendants began 

offering counterfeit and confusingly similar imitations of The North Face’s merchandise. 

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

The North Face’s 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 The North Face despite Defendants’ knowledge 

that they are without authority to use the TNF 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’ eCase 0:22-cv-62238-WPD Document 1 Entered on FLSD Docket 11/30/2022 Page 10 of 25
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commerce stores are genuine goods originating from, associated with, and/or approved by The 

North Face.

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

offered for sale, to the consuming public using at least the Store IDs and associated alias store 

identification numbers. In so doing, Defendants improperly and unlawfully use one or more of 

The TNF Marks without The North Face’s permission.

24. Most Defendants are concurrently employing and benefitting from substantially 

similar advertising and marketing strategies based, in large measure, upon an unauthorized use of 

counterfeits and infringements of the TNF Marks. Specifically, Defendants are using counterfeits 

and infringements of The North Face’s famous name and the TNF Marks to make their ecommerce stores selling unauthorized goods appear more relevant and attractive to consumers 

searching for both The North Face and non-The North Face 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 The North Face’s genuine 

goods. Defendants are causing individual, concurrent, and indivisible harm to The North Face

and the consuming public by (i) depriving The North Face and other third parties of their right to 

fairly compete for space online and within search engine results and reducing the visibility of 

The North Face’s genuine goods on the World Wide Web, (ii) causing an overall degradation of 

the value of the goodwill associated with the TNF Marks, and (iii) increasing The North Face’s

overall cost to market its goods and educate consumers about its brand via the Internet.

25. Defendants are concurrently conducting and targeting their counterfeiting and 

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

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elsewhere throughout the United States. As a result, Defendants are defrauding The North Face

and the consuming public for Defendants’ own benefit.

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

The North Face’s ownership of the TNF Marks, including its exclusive right to use and license 

such intellectual property and the goodwill associated therewith.

27. Defendants’ use of the TNF Marks, including the promotion and advertisement, 

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

North Face’s consent or authorization.

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

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

The North Face’s rights for the purpose of trading on The North Face’s goodwill and reputation. 

If Defendants’ intentional counterfeiting and infringing activities are not permanently enjoined 

by this Court, The North Face and the consuming public will continue to be harmed.

29. 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 

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

The North Face’s genuine goods and Defendants’ Counterfeit Goods, which there is not.

30. Given the visibility of Defendants’ various e-commerce stores and the similarity

of their concurrent 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 The North 

Face and the overall consumer market in which they operate because of Defendants’ concurrent 

actions.

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31. 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 The North Face. 

32. Defendants’ associated e-commerce 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 Store IDs and 

any other alias store identification numbers used and/or controlled by them.

33. Further, Defendants, upon information and belief, are likely to transfer or secret 

their assets to avoid payment of any monetary judgment awarded to The North Face. 

34. The North Face has no adequate remedy at law. 

35. The North Face is suffering irreparable injury because of Defendants’ 

unauthorized and wrongful use of the TNF Marks. If Defendants’ counterfeiting and infringing

and unfairly competitive activities are not permanently enjoined by this Court, The North Face

and the consuming public will continue to be harmed while Defendants wrongfully earn a 

substantial profit. 

36. The harm sustained by The North Face has 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)

37. The North Face hereby adopts and re-alleges the allegations set forth in 

Paragraphs 1 through 36 above. 

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

Defendants based on their use of counterfeit and confusingly similar imitations of the TNF

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

sale, and/or sale of the Counterfeit Goods. 

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

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

of one or more of the TNF Marks. Defendants are continuously infringing and inducing others to 

infringe the TNF Marks by using one or more of them to advertise, promote, offer to sell, and/or 

sell counterfeit and infringing goods bearing and/or using the TNF Marks. 

40. 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. 

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

unquantifiable and irreparable harm to The North Face and are unjustly enriching Defendants

with profits at The North Face’s expense. 

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

infringement of the TNF Marks in violation of The North Face’s rights under § 32 of the Lanham 

Act, 15 U.S.C. § 1114. 

43. The North Face has suffered and will continue to suffer irreparable injury because 

of Defendants’ above-described activities if Defendants are not permanently enjoined. 

Additionally, Defendants will continue to wrongfully profit from their unlawful activities.

COUNT II - FALSE DESIGNATION OF ORIGIN

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

44. The North Face hereby adopts and re-alleges the allegations set forth in 

Paragraphs 1 through 36 above. 

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45. Defendants’ Counterfeit Goods bearing, using, offered for sale, and sold using

copies of one or more of the TNF Marks have been widely advertised and offered for sale 

throughout the United States via the Internet based e-commerce stores under the Store IDs. 

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

at least one or more of the TNF Marks are virtually identical in appearance to The North Face’s

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

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. 

47. 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 designs, 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 The North Face’s detriment.

48. Defendants have each authorized infringing uses of one or more of the TNF

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.

49. Additionally, Defendants are simultaneously using counterfeits and infringements 

of one or more of the TNF Marks to unfairly compete with The North Face and others for space 

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

depriving The North Face of valuable marketing and educational space online which would 

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otherwise be available to The North Face and (ii) reducing the visibility of The North Face’s

genuine goods on the World Wide Web and across social media platforms. 

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

Lanham Act, 15 U.S.C. §1125(a). 

51. The North Face has no adequate remedy at law and has sustained both individual

and indivisible injury because of Defendants’ concurrent conduct. Absent an entry of an 

injunction by this Court, Defendants will continue to wrongfully reap profits from their unlawful 

activities and The North Face will continue to suffer irreparable injury to its goodwill and 

business reputation, as well as monetary damages. 

COUNT III - COMMON LAW UNFAIR COMPETITION

52. The North Face hereby adopts and re-alleges the allegations set forth in 

Paragraphs 1 through 36 above. 

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

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

identical to one or more of the TNF Marks in violation of Florida’s common law of unfair 

competition. 

54. 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 the TNF Marks. Defendants are also each using counterfeits and infringements of 

one or more of the TNF Marks to unfairly compete with The North Face 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. 

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

mistake, and deception among consumers as to the origin and quality of Defendants’ e-commerce 

stores and websites as a whole and all products sold therein by their use of the TNF Marks.

56. The North Face has no adequate remedy at law and has sustained both individual 

and indivisible injury because of Defendants’ concurrent conduct. Absent an entry of an 

injunction by the Court, Defendants will continue to wrongfully reap profits and The North Face

will continue to suffer irreparable injury to its goodwill and business reputation, as well as 

monetary damages. 

COUNT IV - COMMON LAW TRADEMARK INFRINGEMENT

57. The North Face hereby adopts and re-alleges the allegations set forth in 

Paragraphs 1 through 36 above. 

58. 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 the TNF Marks. The North Face is the owner of all 

common law rights in and to the TNF Marks. 

59. 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 the 

TNF Marks. 

60. 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 the TNF Marks.

61. The North Face has no adequate remedy at law and has sustained both individual 

and indivisible injury because of Defendants’ concurrent conduct. Absent an entry of an 

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injunction by this Court, Defendants will continue to wrongfully reap profits and The North Face

will continue to suffer irreparable injury to its goodwill and business reputation, as well as 

monetary damages. 

PRAYER FOR RELIEF

62. WHEREFORE, The North Face demands judgment on all Counts of this 

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

a. Entry of a permanent injunction 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 the TNF Marks; from using the TNF Marks, or any mark or design

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

trade name or trademark or design 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 The North Face; from falsely representing themselves as being connected with 

The North Face, 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 The 

North Face; from using any reproduction, counterfeit, infringement, copy, or colorable imitation 

of the TNF 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 

Case 0:22-cv-62238-WPD Document 1 Entered on FLSD Docket 11/30/2022 Page 18 of 25
19

falsely describe or represent Defendants’ goods as being those of The North Face, or in any way 

endorsed by The North Face and from offering such goods in commerce; from engaging in 

search engine optimization strategies using colorable imitations of The North Face’s name or 

trademarks; and from otherwise unfairly competing with The North Face.

b. Entry of a permanent injunction 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 non-genuine goods bearing and/or using counterfeits and/or infringements of 

the TNF Marks.

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

the Court’s inherent authority, authorizing The North Face to serve the injunction on any e-mail 

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

addresses which are or have been used by Defendants in connection with Defendants’ promotion, 

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

the TNF Marks.

d. Entry of an order requiring Defendants to request in writing permanent 

termination of any Store IDs, usernames, and social media accounts they own, operate, or control 

on any e-commerce or social media platform.

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

this Court’s inherent authority that, upon The North Face’s request, the applicable administrators 

for the Store IDs which are provided with notice of an injunction issued by the Court, disable 

and/or cease facilitating access to the Store IDs and any other alias e-commerce stores, 

Case 0:22-cv-62238-WPD Document 1 Entered on FLSD Docket 11/30/2022 Page 19 of 25
20

usernames, store identification numbers, seller identification names, social media accounts, and 

private messaging accounts, being used and/or controlled by Defendants which have been used 

in connection with marketing, offering to sell, and/or selling goods bearing and/or using 

counterfeits and infringements of the TNF 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 The North Face’s request, any administrators for the 

Store IDs which are provided with notice of an injunction issued by the Court, identify any email address known to be associated with Defendants’ respective Store IDs.

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

the Court’s inherent authority that, upon The North Face’s request, any marketplace 

administrator which is provided with notice of an injunction issued by the Court, permanently 

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

and/or infringements of the TNF Marks via the e-commerce stores operating under the Store IDs, 

including but not limited to the listings and associated images identified by the infringing 

product numbers on Schedule “A,” and upon The North Face’s request, any other listings and 

images of goods bearing and/or using counterfeits and/or infringements of the TNF Marks 

associated with or linked to the same sellers or linked to any other alias e-commerce stores, 

usernames, store identification numbers, seller identification names being used and/or controlled 

by Defendants to promote, offer for sale and/or sell goods bearing and/or using counterfeits 

and/or infringements of the TNF Marks.

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

All Writs Act, Federal Rule of Civil Procedure 65, and this Court’s inherent authority that, upon 

The North Face’s request, Defendants and any marketplace administrator which is provided with 

Case 0:22-cv-62238-WPD Document 1 Entered on FLSD Docket 11/30/2022 Page 20 of 25
21

notice of an injunction issued by the Court, immediately cease fulfillment of and sequester all 

goods of each Defendant bearing one or more of the TNF Marks in its inventory, possession, 

custody, or control, and surrender those goods to The North Face.

c. Entry of an order requiring Defendants to account to and pay The North 

Face for all profits earned from Defendants’ trademark counterfeiting and infringing and unfairly 

competitive activities and that the profit award to The North Face be trebled, as provided for 

under 15 U.S.C. §1117, or that The North Face 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.

d. Entry of an award pursuant to 15 U.S.C. § 1117 (a) and (b) of The North 

Face’s costs and reasonable attorneys’ fees and investigative fees associated with bringing this 

action.

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

All Writs Act, Federal Rule of Civil Procedure 65, and the Court’s inherent authority that, upon 

The North Face’s request, Defendants and any financial institutions, payment processors, banks, 

escrow services, money transmitters, or marketplace platforms, and their related companies and 

affiliates, identify, restrain, and surrender to The North Face all funds, up to and including the 

total amount of judgment, in all financial accounts and/or sub-accounts used in connection with 

the Store IDs including all related e-commerce stores, store identification numbers, seller 

identification names, or usernames used by Defendants presently or in the future, as well as any 

other related Store IDs and accounts of the same customer(s), and any other accounts which 

transfer funds into the same financial institution account(s), and remain restrained until such 

Case 0:22-cv-62238-WPD Document 1 Entered on FLSD Docket 11/30/2022 Page 21 of 25
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funds are surrendered to The North Face in partial satisfaction of the monetary judgment entered 

herein. 

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

g. Entry of an order requiring Defendants, at The North Face’s request, to 

pay the cost necessary to correct any erroneous impression the consuming public may have 

received or derived concerning the nature, characteristics, or qualities of Defendants’ products, 

including without limitation, the placement of corrective advertising and providing written notice 

to the public. 

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

proper. 

DATED: November 30, 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 Plaintiff

Case 0:22-cv-62238-WPD Document 1 Entered on FLSD Docket 11/30/2022 Page 22 of 25
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SCHEDULE “A”

DEFENDANTS BY NUMBER, DHGATE.COM STORE ID, AND 

INFRINGING PRODUCT NUMBER

Defendant

Number

Defendant /

Store ID

Infringing 

Product Number

1 21833969 802041486

2 21254964 454902099

3 21794491 763430114

4 21741987 811814984

5 21822833 807264289

6 21707555 724484164

7 21759002 786063814

8 21780110 794877534

9 21806114 809975088

10 20102264 764157590

11 21806414 813832437

12 21833141 811977343

13 21847528 815346789

14 20322647 809380243

15 21796424 809648035

16 21840833 815930013

17 21730083 733768333

18 21709769 775100174

19 21786706 806468552

20 21215839 768396792

21 21622304 713420376

22 21732300 785234643

23 21796301 775234803

24 20969039 496139261

25 21567148 728891041

26 21755566 758751988

27 21806610 805196486

28 20398045 801531918

29 21563227 810375642

30 21190679 460579990

31 21271785 726757544

32 21794929 808712165

33 21834956 809634465

34 21778007 767709383

35 21711054 801196269

36 21167384 478173266

37 21769869 757403014

Case 0:22-cv-62238-WPD Document 1 Entered on FLSD Docket 11/30/2022 Page 23 of 25
24

38 21710702 788424061

39 21779608 764635855

40 21841180 809633161

41 21804125 793646893

42 20986610 733239244

43 21812796 809983730

44 20020973 813812328

45 21722163 754198020

46 21105650 717763438

47 20601615 810415008

48 21755409 751125799

49 21733788 739651569

50 21718876 739766020

51 21820183 809202505

52 21566968 724646403

53 21751346 755225609

54 21763333 755907198

55 21666998 738755085

56 21076094

806906720

492650960

57 21656555 739376493

58 21815059 789471650

59 21844827 813017269

60 21123978 627525967

61 21840309 809150653

62 21814620 806539045

63 21756133 811861020

64 21666879 727308235

65 14394816 805883763

66 21821318 785847660

67 21573714 589674564

68 21666915 739699006

69 21813589 787974175

70 21815118 786767340

71 21068994 658302601

72 21209654 734212526

73 21826211 800591027

74 21823354 795255082

75 21063221 510512656

76 21823898 809645734

77 14497670 802688392

78 21190333 767286649

79 21828772 811804936

Case 0:22-cv-62238-WPD Document 1 Entered on FLSD Docket 11/30/2022 Page 24 of 25
25

80 21826119 800912104

81 21740336 805752350

82 21409017 661939659

83 21566351 809240718

84 20899944 731809407

85 21759030 803734619

86 21831037 799951927

87 21833842 812349147

88 20348018 805569701

89 21034348 601255980

90 21823997 799045019

91 21819911 782593672

92 21650863 688190310

Case 0:22-cv-62238-WPD Document 1 Entered on FLSD Docket 11/30/2022 Page 25 of 25