North Atlantic Operating Co. v. Huang - Zig Zag Trademark Complaint PDF

4:15-cv-14013-TGB-DRG Doc # 188 Filed 05/13/16 Pg 1 of 58
Pg ID 1525
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
NORTH ATLANTIC OPERATING

COMPANY, INC.; NATIONAL
TOBACCO COMPANY, L.P.,
CIVIL ACTION NO. 4:15-cv14013-TGB-DRG

FIRST AMENDED COMPLAINT
Plaintiffs,
v.
JINGJING HUANG; ALICE HUANG;
EBAY SELLER HUAPUR_6233; ANLE
PAN; SUPER HOME VARIETY STORE,
INC.; EBAY SELLER ANLPA91;
ZHANGQI PAN; RYAN PAN; EBAY
SELLER RYAN0201168; MIMI
NGUYEN; EBAY SELLER
MIMIFBABYY; EBAY SELLER
HONESTFISHERMAN2015; EBAY
SELLER HONESTVALUES1; NAREK
NAZARYAN; EBAY SELLER
HOOKUPDEALSFORYOU; HARVEY
DAN; SPEEDZONE; EBAY SELLER
HARDA-ENLHUI; JAIME ORTIZ; EBAY
SELLER AUCTIONLEGENDS; KALE
HUANG; KAL HUANG; EBAY SELLER
KYYSTORE; KAL HUANG; EBAY
SELLER KALTEK-SHOP; ANDREW
RUSSELL; EBAY SELLER
DOLLARPLUSDISCOUNT1; GARY LO;
EBAY SELLER
DISCOUNTVAPOR4YOU; FRANCIS
FERLAND; EBAY SELLER
BESTDEALMONTREAL; DHGATE
SELLER JACKYHU; DHGATE SELLER
KATHY0577; DHGATE SELLER
CNGZSS; DHGATE SELLER CNGZSS1;
JOHN DOES 1-10; and XYZ
21671013.1
JURY TRIAL DEMANDED
Pg ID 1526
COMPANIES 1-10,
Defendants.
Plaintiff North Atlantic Operating Company, Inc. (NAOC), and its
affiliated company, Plaintiff National Tobacco Company, L.P. (NTC) (together,
North Atlantic), by and through their attorneys, bring this civil action against
Defendants JingJing Huang; Alice Huang; eBay Seller huapur_6233; Anle Pan;
Super Home Variety Store, Inc.; eBay Seller anlpa91; ZhangQi Pan; Ryan Pan;
eBay Seller ryan0201168; Mimi Nguyen; eBay Seller mimifbabyy; eBay Seller
honestfisherman2015; eBay Seller honestvalues1; Narek Nazaryan; eBay Seller
hookupdealsforyou; Harvey Dan; Speedzone; eBay Seller harda-enlhui; Jaime
Ortiz; eBay Seller auctionlegends; Kale Huang; Kal Huang; eBay Seller kyystore;
Kal Huang; eBay Seller kaltek-shop; Andrew Russell; eBay Seller
dollarplusdiscount1; Gary Lo; eBay Seller discountvapor4you; Francis Ferland;
eBay Seller bestdealmontreal; DHGate Seller jackyhu; DHGate seller kathy0577;
DHGate Seller cngzss; DHGate seller cngzss1; John Does 1-10; and XYZ
Companies 1-10, (collectively, Defendants) and in support thereof, allege as
follows:
2
21671013.1
Pg ID 1527
NATURE OF THE ACTION

1.
This is an anti-counterfeiting action against those who manufacture,
distribute, and/or sell counterfeit versions of North Atlantics highly popular ZIGZAG brand cigarette paper products in Michigan and nationwide.
2.
As detailed herein, these counterfeiters have been distributing
purported ZIG-ZAG brand cigarette paper products in packaging bearing North

Atlantics ZIG-ZAG and NAOC Trademarks and NAOC Copyrights (as
these terms are defined herein), though such products are not distributed by North
Atlantic and are inferior versions of North Atlantics ZIG-ZAG cigarette paper
products, sold without quality control or authorization.
3.
The products the Defendants are distributing are not authentic, but are
in fact counterfeit products that can be distinguished from North Atlantics

authentic ZIG-ZAG brand products. Ordinary consumers mistakenly purchase
these fake products at the point of sale.
4.
North Atlantic has analyzed the products distributed by Defendants in
this action and has determined the counterfeit nature of the products and their
packaging. It is impossible for North Atlantic to verify the conditions under
which the counterfeit products are manufactured, and thus, North Atlantic has lost
the ability to control the quality and relative safety of products distributed under
its brand.
3
21671013.1
5.
Pg ID 1528
North Atlantic has also expended significant financial and human
capital investigating the counterfeit online sellers. As detailed below, North

Atlantic believes the Defendants in this action are large-scale distributors
responsible for manufacturing and/or importing the counterfeit products into the
United States, and for distributing the products at the wholesale and retail levels.
6.
North Atlantic now brings this action for:

a. Trademark infringement, in violation of Section 32 of the Lanham
Act (15 U.S.C. 1114);
b. False designation of origin and trademark and trade dress
infringement, in violation of Section 43 of the Lanham Act (15
U.S.C. 1125(a));
c. Copyright infringement, in violation of the Copyright Act of 1976
(17 U.S.C. 101 et seq.);
d. Improper use, reproduction, or imitation under MCL 429.42;
e. Unfair competition under MCL 445.903; and
f. Unfair competition under Michigan common law.
JURISDICTION AND VENUE
7.
This Court has original subject matter jurisdiction over North
Atlantics Lanham Act claims pursuant to 28 U.S.C. 1331, 1338 and 15 U.S.C.
1121.
4
21671013.1
8.
Pg ID 1529
This Court has subject matter jurisdiction over North Atlantics
Michigan state law claims pursuant to 28 U.S.C. 1338(b) and 28 U.S.C.

1367(a).
9.
Personal jurisdiction is proper in this judicial district because each
Defendant has had continuous, systematic, and substantial contacts within the
State of Michigan, including doing business in Michigan and directing sales and
advertising efforts through the Internet into the State of Michigan, and sending
infringing articles to purchasers in the State of Michigan.
10.
Venue is proper in this judicial district pursuant to 28 U.S.C. 1391,
in that a substantial part of the events giving rise to the claim occurred within this
judicial district.
PARTIES
The Plaintiffs
11.
NAOC is a corporation organized and existing under the laws of the
State of Delaware with an office and principal place of business at 5201

Interchange Way, Louisville, Kentucky 40229.
12.
NTC is a limited partnership organized and existing under the laws of
the State of Delaware with an office and principal place of business at 5201
Interchange Way, Louisville, Kentucky 40229.
5
21671013.1
13.
Pg ID 1530
NAOC and NTC are the exclusive licensees of the world-famous
ZIG-ZAG brand cigarette paper products in the United States, and as such, have
full authority to enforce ZIG-ZAG intellectual property rights as defined herein.
14.
Together, NAOC and NTC exclusively manufacture, market,
distribute, and sell authentic, high quality ZIG-ZAG brand products, including
ZIG-ZAG Orange (defined herein) in the United States.
The Defendants
15.
In its original Complaint, North Atlantic named a total of seventy-one
(71) separately identified Defendants. In the intervening months, North Atlantic

has settled with many of these Defendants and this Court has dismissed this action
as to forty (40) of them. North Atlantic herein amends its original Complaint, in
part, to remove these forty dismissed Defendants from the case caption. The
Defendants identified below comprise the remaining and newly named Defendants
against whom North Atlantic continues to assert its allegations herein.
16.
Upon information and belief, Defendant JingJing Huang (J. Huang)
is a citizen of New York, residing at 2412 149th Street, Whitestone, New York
11357.
17.
Upon information and belief, J. Huang is involved in the sale and
distribution of counterfeit ZIG-ZAG Orange cigarette paper products to

consumers, including individuals, retailers, wholesalers, and other distributors, in
6
21671013.1
Pg ID 1531
Michigan and nationwide, and may be responsible for manufacturing and/or

importing counterfeit ZIG-ZAG Orange cigarette paper products into the United
States.
18.
Upon information and belief, Defendant Alice Huang (A. Huang) is
a citizen of New York, residing at 2412 149th Street, Whitestone, New York
11357.
19.
Upon information and belief, A. Huang is involved in the sale and

States.
20.
Upon information and belief, Defendant eBay Seller huapur_6233
(huapur_6233) is an eBay account associated with the email address

purplealice118@gmail.com, and may also be associated with the physical address
2412 149th Street, Whitestone, New York 11357.
21.
Upon information and belief, huapur_6233, through the operator(s) of
said account, is involved in the sale and distribution of counterfeit ZIG-ZAG

Orange cigarette paper products to consumers, including individuals, retailers,
wholesalers, and other distributors, in Michigan and nationwide.
7
21671013.1
22.
Pg ID 1532
Upon information and belief, Defendant Anle Pan (A. Pan) is a
citizen of New York, residing at 14717 16th Road, Whitestone, New York 11357.
23.
Upon information and belief, A. Pan is involved in the sale and

States.
24.
Upon information and belief, Defendant Super Home Variety Store,
Inc. (Super Home) is company located at 14717 16th Road, Whitestone, New
York 11357.
25.
Upon information and belief, Super Home is involved in the sale and

States.
26.
Upon information and belief, Defendant eBay Seller anlpa91
(anlpa91) is an eBay account associated with the email address
8
21671013.1
Pg ID 1533
superhomevarietystore@gmail.com, and may also be associated with the physical

address 14717 16th Road, Whitestone, New York 11357.
27.
Upon information and belief, anlpa91, through the operator(s) of said
account, is involved in the sale and distribution of counterfeit ZIG-ZAG Orange

cigarette paper products to consumers, including individuals, retailers,
28.
Upon information and belief, Defendant ZhangQi Pan (Z. Pan) is a
citizen of New York, residing at 2412 149th Street, Whitestone, New York 11357.
29.
Upon information and belief, Z. Pan is involved in the sale and

States.
30.
Upon information and belief, Defendant Ryan Pan (R. Pan) is a
citizen of New York, residing at 2412 149th Street, Whitestone, New York 11357.
31.
Upon information and belief, R. Pan is involved in the sale and

9
21671013.1
Pg ID 1534
States.
32.
Upon information and belief, Defendant eBay Seller ryan0201168
(ryan0201168) is an eBay account associated with the email address

panzhangqi@hotmail.com, and may also be associated with the physical address
2412 149th Street, Whitestone, New York 11357.
33.
Upon information and belief, ryan0201168, through the operator(s) of

34.
Upon information and belief, Defendant Mimi Nguyen (Nguyen) is
a citizen of Texas, residing at 9411 Fern Wood Forest, Houston, Texas 77040.
35.
Upon information and belief, Nguyen is involved in the sale and

States.
36.
Upon information and belief, Defendant eBay Seller mimifbabyy
(mimifbabyy) is an eBay account associated with the email address

10
21671013.1
Pg ID 1535
b_m_w0917@hotmail.com, and may also be associated with the physical address

9411 Fern Wood Forest, Houston, Texas 77040.
37.
Upon information and belief, mimifbabyy, through the operator(s) of

38.
Upon information and belief, Defendant eBay Seller
honestfisherman2015 (honestfisherman2015) is an eBay account associated with

the email address b_m_w0917@hotmail.com, and may also be associated with the
physical address 9411 Fern Wood Forest, Houston, Texas 77040.
39.
Upon information and belief, honestfisherman2015, through the
operator(s) of said account, is involved in the sale and distribution of counterfeit

ZIG-ZAG Orange cigarette paper products to consumers, including individuals,
retailers, wholesalers, and other distributors, in Michigan and nationwide.
40.
Upon information and belief, Defendant eBay Seller honestvalues1
(honestvalues1) is an eBay account associated with the email address

b_m_w0917@hotmail.com, and may also be associated with the physical address
9411 Fern Wood Forest, Houston, Texas 77040.
41.
Upon information and belief, honestvalues1, through the operator(s)
of said account, is involved in the sale and distribution of counterfeit ZIG-ZAG

11
21671013.1
Pg ID 1536

42.
Upon information and belief, Defendant Narek Nazaryan
(Nazaryan) is a citizen of California, residing at 316 North Cedar Street, Apt. 3,

Glendale, California 91206.
43.
Upon information and belief, Nazaryan is involved in the sale and

States.
44.
hookupdealsforyou (hookupdealsforyou) is an eBay account associated with the

email address moneyboyz18@gmail.com, and may also be associated with the
physical address 316 North Cedar Street, Apt. 3, Glendale, California 91206.
45.
Upon information and belief, hookupdealsforyou, through the

12
21671013.1
46.
Pg ID 1537
Upon information and belief, Defendant Harvey Dan (Dan) is a
citizen of New York, residing at 13691 37th Avenue, No. 2, Flushing, New York
11354.
47.
Upon information and belief, Dan is involved in the sale and

wholesalers, retailers, and other distributors in Michigan and nationwide, and may
be responsible for manufacturing and/or importing counterfeit ZIG-ZAG Orange
cigarette paper products into the United States.
48.
Upon information and belief, Defendant Speedzone (Speedzone) is
a fictitious business name associated with an address at 13691 37th Avenue, No. 2,
Flushing, New York 11354.
49.
Upon information and belief, Speedzone is involved in the sale and

Michigan and nationwide.
50.
Upon information and belief, Defendant eBay Seller harda-enlhui
(harda-enlhui) is an eBay account associated with the email address

harveydandan@gmail.com, and may also be associated with the physical address
13691 37th Avenue, No. 2, Flushing, New York 11354.
13
21671013.1
51.
Pg ID 1538
Upon information and belief, harda-enlhui is involved in the sale and

Michigan and nationwide.
52.
Upon information and belief, Defendant Jaime Ortiz (Ortiz) is a
citizen of Virginia, residing at 9621 8th Bay Street, Apt. 4, Norfolk, Virginia
23518.
53.
Upon information and belief, Ortiz is involved in the sale and

States.
54.
Upon information and belief, Defendant eBay Seller auctionlegends
(auctionlegends) is an eBay account associated with the email address

jaimeortiz9@live.com, and may also be associated with the physical address 9621
8th Bay Street, Apt. 4, Norfolk, Virginia 23518.
55.
Upon information and belief, auctionlegends, through the operator(s)
of said account, is involved in the sale and distribution of counterfeit ZIG-ZAG
14
21671013.1
Pg ID 1539

56.
Upon information and belief, Defendant Kale Huang (Kale Huang)
is a citizen of New York, residing at 1836 83rd Street, Brooklyn, New York 11214.
57.
Upon information and belief, Kale Huang is involved in the sale and

States.
58.
Upon information and belief, Defendant Kal Huang (Kal Huang 1)
is a citizen of New York, residing at 1836 83rd Street, Brooklyn, New York 11214.
59.
Upon information and belief, Kal Huang 1 is involved in the sale and

States.
60.
Upon information and belief, Defendant eBay Seller kyystore
(kyystore) is an eBay account associated with the email address

15
21671013.1
Pg ID 1540
kyy88927@gmail.com, and may also be associated with the physical address 1836
83rd Street, Brooklyn, New York 11214.
61.
Upon information and belief, kyystore, through the operator(s) of said
account, is involved in the sale and distribution of counterfeit ZIG-ZAG Orange

cigarette paper products to consumers, including individuals, retailers,
62.
Upon information and belief, Defendant Kal Huang (Kal Huang 2)
is a citizen of New York, residing at 7405 18th Avenue, Brooklyn, New York
11204.
63.
Upon information and belief, Kal Huang 2 is involved in the sale and

States.
64.
Upon information and belief, Defendant eBay Seller kaltek-shop
(kaltek-shop) is an eBay account associated with the email address

kycloudis@gmail.com, and may also be associated with the physical address 7405
18th Avenue, Brooklyn, New York 11204.
16
21671013.1
65.
Pg ID 1541
Upon information and belief, kaltek-shop, through the operator(s) of

66.
Upon information and belief, Defendant Andrew Russell (Russell)
is a citizen of Florida, residing at 851 NE 209th Terrace, Apt. 206, North Miami
Beach, Florida 33179.
67.
Upon information and belief, Russell is involved in the sale and

States.
68.
dollarplusdiscount1 (dollarplusdiscount1) is an eBay account associated with

the email address dollarplusdiscount@gmail.com, and may also be associated with
the physical address 851 NE 209th Terrace, Apt. 206, North Miami Beach, Florida
33179.
69.
Upon information and belief, dollarplusdiscount1, through the

17
21671013.1
Pg ID 1542

70.
Upon information and belief, Defendant Gary Lo (Lo) is a citizen
of California, residing at 2542 Pleasant Street, Oakland, California 94602.

71.
Upon information and belief, Lo is involved in the sale and

States.
72.
discountvapor4you (discountvapor4you) is an eBay account associated with the

email address mr.garylo@yahoo.com, and may also be associated with the
physical address 2542 Pleasant Street, Oakland, California 94602.
73.
Upon information and belief, discountvapor4you, through the

74.
Upon information and belief, Defendant Francis Ferland (Ferland)
is a citizen of Canada, residing at 9-5060 Walkley, Montreal, Quebec H4V2M2.

18
21671013.1
75.
Pg ID 1543
Upon information and belief, Ferland is involved in the sale and

exporting counterfeit ZIG-ZAG Orange cigarette paper products into the United
States.
76.
Upon information and belief, Defendant eBay Seller bestdealmontreal
(bestdealmontreal) is an eBay account associated with the email address

francis.ferland183@gmail.com, and may also be associated with the physical
address 9-5060 Walkley, Montreal, Quebec H4V2M2.
77.
Upon information and belief, bestdealmontreal, through the

78.
Upon information and belief, Defendant DHGate Seller jackyhu
(jackyhu) is a citizen of China and is associated with the following address: GZ

Mald East Co., Ltd., Room 802, Block A, No. 18, Jichang Dongmen Street,
Jinzhong Heng Road, Baiyun District, Guangzhou 510000, China.
79.
Upon information and belief, jackyhu is involved in the sale and

19
21671013.1
Pg ID 1544

States.
80.
Upon information and belief, jackyhu has a pattern and practice of
masking his or her true identity in an effort to avoid detection in connection with
the sale of a variety of counterfeit goods, including ZIG-ZAG Orange cigarette
paper products.
81.
Upon information and belief, Defendant DHGate Seller kathy0577
(kathy0577) is a citizen of China who may be associated with the address GZ

Mald East Co., Ltd., Room 802, Block A, No. 18, Jichang Dongmen Street,
Jinzhong Heng Road, Baiyun District, Guangzhou 510000, China.
82.
Upon information and belief, kathy0577 is involved in the sale and

States.
83.
Upon information and belief, kathy0577 has a pattern and practice of
20
21671013.1
Pg ID 1545

paper products.
84.
Upon information and belief, Defendant DHGate Seller cngzss
(cngzss) is a citizen of China who may be associated with the address GZ Mald
East Co., Ltd., Room 802, Block A, No. 18, Jichang Dongmen Street, Jinzhong
Heng Road, Baiyun District, Guangzhou 510000, China.
85.
Upon information and belief, cngzss is involved in the sale and

States.
86.
Upon information and belief, cngzss has a pattern and practice of
paper products.
87.
Upon information and belief, Defendant DHGate Seller cngzss1
(cngzss1) is a citizen of China who may be associated with the address GZ Mald
East Co., Ltd., Room 802, Block A, No. 18, Jichang Dongmen Street, Jinzhong
Heng Road, Baiyun District, Guangzhou 510000, China.
21
21671013.1
88.
Pg ID 1546
Upon information and belief, cngzss1 is involved in the sale and

States.
89.
Upon information and belief, cngzss1 has a pattern and practice of
paper products.
90.
North Atlantic believes that many of the aforementioned Defendants
are related to each other but does not yet know the details or extent of any such
relationships, and therefore sues these Defendants as separate individuals and
entities. North Atlantic will amend this Complaint as appropriate to allege the true
names and relationships between and among the Defendants if it ascertains the
same.
91.
North Atlantic does not know the true names and capacities of the
Defendants sued herein as John Does #1 through #10, and therefore sues these
Defendants by such fictitious names. North Atlantic will amend this Complaint to
allege the true names and capacities of these Defendants if it ascertains the same.
22
21671013.1
92.
Pg ID 1547
North Atlantic does not know the true names and capacities of the
Defendants sued herein as XYZ Companies #1 through #10, and therefore sues
these Defendants by such fictitious names. North Atlantic will amend this
Complaint to allege the true names and capacities of these Defendants if it
ascertains the same.
FACTS COMMON TO ALL CLAIMS
North Atlantics ZIG-ZAG Brand Products
93.Since 1938, North Atlantic and its predecessor-in-interest have continuously
distributed ZIG-ZAG brand cigarette paper products in the United States.
94.In 1997, North Atlantic was established to be the exclusive United States
distributor of authentic ZIG-ZAG brand cigarette paper products.
95.Authentic ZIG-ZAG brand cigarette paper products come in several
varieties, which differ in thickness, quality of paper, size, and the like.
96.Among the cigarette paper products distributed by North Atlantic in the
United States are ZIG-ZAG 1 Size French Orange (ZIG-ZAG Orange)
(shown below).
23
21671013.1
Pg ID 1548
97.Authentic ZIG-ZAG Orange cigarette paper products are described as

easy rolling, slow-burning classic papers.
98.Authentic ZIG-ZAG Orange products are manufactured in France using
the highest quality ingredients.
99.The products are then imported into the United States by North Atlantic and
are subject to strict and exacting quality control standards.
100.
North Atlantic continually strives to ensure that all of its authentic
ZIG-ZAG brand products, including ZIG-ZAG Orange:

a. Are of uniform high quality;
b. Meet with North Atlantics precise quality standards; and
c. Properly display the ZIG-ZAG and the NAOC Trademarks
(defined herein) and other source identifiers.
101.
If the products pass North Atlantics rigorous inspection, they are
sold directly to North Atlantics direct accounts (for the most part, variety
wholesale distributors throughout the United States).
102.
North Atlantics direct accounts then distribute the products to
retailers and, in some cases, to other wholesale distributors.

103.
Ultimately, the products are purchased and used by United States
consumers.
24
21671013.1
Pg ID 1549
North Atlantics ZIG-ZAG and NAOC Trademarks

104.
As described below, all authentic ZIG-ZAG Orange cigarette paper
products distributed by North Atlantic in the United States have continuously

displayed the following valid and subsisting trademarks, which appear on the
Principal Register in the United States Patent and Trademark Office (USPTO),
and which are incontestable:
a. Registration No. 610,530 for ZIG-ZAG (stylized)
b. Registration No. 1,127,946 for ZIG-ZAG (text)
c. Registration No. 2,169,540 for the Smoking Man Design
d. Registration No. 2,169,549 for the Smoking Man Design
25
21671013.1
Pg ID 1550
(together, the ZIG-ZAG Trademarks) (true and accurate copies of the records
from the USPTO denoting the federal trademark registrations for the ZIG-ZAG
Trademarks are annexed hereto as Exhibit A).
105.
The exclusive distribution rights to the ZIG-ZAG Trademarks are
held by North Atlantic pursuant to an exclusive trademark licensing/distribution

agreement with French company Bollor, S.A., the trademark owner.
106.
North Atlantic is also the owner of the federal trademark registrations
for the following NORTH ATLANTIC OPERATING COMPANY, INC. and Gear
Design trademarks, which appear on the Principal Register in the USPTO, and
which have become incontestable:
a. Registration Nos. 2,664,694 and 2,664,695
b. Registration Nos. 2,610,473 and 2,635,446
(together, the NAOC Trademarks) (true and accurate copies of the records from
the USPTO denoting the federal trademark registrations for the NAOC
Trademarks are annexed hereto as Exhibit B).
26
21671013.1
107.
Pg ID 1551
Like the ZIG-ZAG Trademarks, the NAOC Trademarks have
continuously been used on all authentic ZIG-ZAG Orange cigarette paper

products distributed by North Atlantic in the United States.
108.
Because of its tremendous sales history, and because of the exclusive,
lengthy, and extensive use of the ZIG-ZAG and NAOC Trademarks on goods
of superior quality, North Atlantic has developed substantial goodwill and a
reputation as the exclusive source of high-quality ZIG-ZAG brand cigarette
paper products in the United States.
109.
North Atlantic has also become known nationwide as the single
exclusive source of authentic ZIG-ZAG brand cigarette paper products

including ZIG-ZAG Orange and United States consumers naturally have come
to associate those products with North Atlantic.
110.
As a result, the ZIG-ZAG and NAOC Trademarks are famous as a
matter of law.
North Atlantics NAOC Copyright
111.
North Atlantic also owns the federal copyright registration for the
visual material/computer graphic entitled North Atlantic Operating Company,

Inc. (the NAOC Copyright) (a true and accurate copy of the registration
certificate issued by the U.S. Copyright Office to North Atlantic is annexed hereto
as Exhibit C).
27
21671013.1
112.
Pg ID 1552
Currently, and at all relevant times, North Atlantic has been the
proprietor of all rights, title, and interest in and to the NAOC Copyright.
113.
The NAOC Copyright also appears on all authentic ZIG-ZAG
Orange cigarette paper products distributed by North Atlantic in the United States.
North Atlantics Highly Distinctive Product Packaging
114.
The product packaging for North Atlantics authentic ZIG-ZAG
Orange cigarette paper products is also highly distinctive.

115.
As illustrated below, North Atlantics authentic ZIG-ZAG Orange
product packaging features: (a) the ZIG-ZAG and NAOC Trademarks; (b) the
NAOC Copyright; (c) gold-fill lettering and design elements; (d) French phrases
such as Qualite Superieure and Braunstein Freres France; and (e) the express
statement that such products are Made in France or Imported French and
Distributed by North Atlantic Operating Company, Inc.
28
21671013.1
Pg ID 1553
Booklet (inside) (Contains 32 Leaves of Paper)
(ZIG-ZAG and NAOC Trademarks and NAOC Copyright)
Booklet (cover)
(ZIG-ZAG Trademarks, including ZIG-ZAG (stylized) and Smoking Man Design)
29
21671013.1
Carton (Contains 24 Booklets)
(ZIG-ZAG and NAOC Trademarks and NAOC Copyright)
Shipping Case (Contains 25 Cartons)
30
21671013.1
Pg ID 1554
Pg ID 1555
(ZIG-ZAG and NAOC Trademarks and the NAOC Copyright)
(ZIG-ZAG Orange Trade Dress) (8 x 11 versions of the above

photographs, and two additional photographs, are annexed hereto as Exhibit D).
116.
Currently, and at all relevant times, North Atlantic has used the ZIG-
ZAG Orange Trade Dress in commerce in the United States.

117.
The ZIG-ZAG Orange Trade Dress is arbitrary, non-functional, and
highly distinctive.
31
21671013.1
118.
Pg ID 1556
The ZIG-ZAG Orange Trade Dress has been extensively and
continuously used by North Atlantic, is inherently distinctive, and/or has become

distinctive through the acquisition of secondary meaning.
119.
Upon information and belief, United States consumers who see the
ZIG-ZAG Orange Trade Dress immediately associate it with North Atlantic.

Defendants Willfully Infringing Activities
120.
Since early 2015, North Atlantic has been investigating the
distribution of counterfeit ZIG-ZAG Orange over the Internet.

121.
As a result of its investigation and subsequent litigation, North
Atlantic believes Defendants are responsible for manufacturing and/or importing

large quantities of counterfeit ZIG-ZAG cigarette paper products into the United
States, and for distributing large quantities of counterfeit ZIG-ZAG cigarette
paper products throughout the United States.
122.
North Atlantic also believes that Defendants know that the purported
ZIG-ZAG Orange cigarette paper products they are distributing are counterfeit,
but distribute them anyway to maximize their profits.
123.
The key to Defendants scheme is the use of packaging that mimics
the packaging of authentic ZIG-ZAG Orange distributed by North Atlantic;

namely, packaging that bears reproductions of the ZIG-ZAG and NAOC
Trademarks and unauthorized, unlicensed copies of the NAOC Copyright, and
32
21671013.1
Pg ID 1557
that contains papers and packaging that are not manufactured pursuant to or
subject to North Atlantics strict quality control standards.
124.
Furthermore, Defendants are obtaining and reselling purported ZIG-
ZAG Orange products at prices far below the lowest available price North
Atlantic offers to its authorized dealers.
125.
There are differences between authentic and counterfeit products,
including, but not limited to:

a. Cartons of counterfeit ZIG-ZAG Orange are not distributed by
Defendants in branded shipping cases;
b. The overall print quality of the counterfeit cartons and booklets is
poor;
c. When laid flat, counterfeit cartons of ZIG-ZAG Orange are slightly
shorter in height compared to authentic cartons of ZIG-ZAG
Orange;
d. When laid flat, counterfeit booklets of ZIG-ZAG Orange papers are
slightly longer compared to authentic cartons of ZIG-ZAG Orange;
and
e. The glue line on the counterfeit papers is darker and thicker.
There are many additional differences between counterfeit and authentic products
that make it possible for North Atlantics product quality personnel to tell them
33
21671013.1
Pg ID 1558
apart. However, consumers who purchase the counterfeit products and use them
are unlikely to be able to tell the difference. Thus, any disappointment or harm
they experience from purchasing and using the counterfeit products is likely to be
attributed falsely to North Atlantic.
126.
Similarly, North Atlantic cannot vouch for the counterfeit products
safety or quality, since they have not, by definition, been subjected to North
Atlantics strict and exacting quality control tests.
127.
North Atlantic also cannot tell what conditions the counterfeit
products have been subjected to, and it cannot vouch for the quality of the
ingredients used to manufacture them.
128.
On information and belief, Defendants have been selling counterfeit
ZIG-ZAG Orange to wholesalers and retailers in large quantities for significant

profits, as well as directly to individual consumers.
129.
When Defendants sell counterfeit ZIG-ZAG Orange to other
wholesalers, upon information and belief, those secondary wholesalers then in turn
sell the counterfeit ZIG-ZAG Orange to retailers.
130.
Regardless of whether there are intermediate wholesalers, once
retailers obtain the counterfeit ZIG-ZAG Orange, they sell the counterfeit ZIGZAG Orange in the same retail outlets where consumers would expect to find
34
21671013.1
Pg ID 1559
authorized ZIG-ZAG Orange, thereby directly competing with North Atlantics

authentic products.
131.
Sales of counterfeit ZIG-ZAG cigarette paper products replace sales
of authentic ZIG-ZAG cigarette paper products one-for-one.

132.
None of the Defendants are authorized or licensed to sell or distribute
any products bearing the ZIG-ZAG or NAOC Trademarks; nor are any of the
Defendants authorized or licensed to sell or distribute any product packaging that
simulates North Atlantics product packaging or that displays reproductions or
exact copies of the NAOC Copyright.
133.
Yet, upon information and belief, Defendants have done so willfully
to earn thousands of dollars worth of profits from counterfeit ZIG-ZAG Orange,

in deliberate disregard of consumers health and safety.
Defendants Sale and Distribution of Counterfeit Products Through eBay
134.
Based on an undercover investigation, as well as through information
obtained as a result of bringing this action, North Atlantic has evidence showing
that the Defendants are willfully selling and distributing counterfeit ZIG-ZAG
Orange cigarette paper products in this Judicial District.
135.
North Atlantic has confirmed that within the last year, Defendants
have collectively distributed hundreds of cartons of counterfeit ZIG-ZAG
35
21671013.1
Pg ID 1560
Orange to wholesalers, retailers, and individual consumers, including to North

Atlantics own investigators.
136.
North Atlantic has obtained samples of the counterfeit ZIG-ZAG
Orange products sold directly from the Defendants. North Atlantic has obtained
sworn testimony and documentary evidence proving Defendants are responsible
for these counterfeit products. The details of North Atlantics investigation to date
are set forth below.
137.
In the summer and fall of 2015, while surveying Internet
marketplaces where ZIG-ZAG cigarette paper products are sometimes sold,

investigators working on behalf of North Atlantic identified various sellers on
eBay that were offering ZIG-ZAG Orange at below market-value prices. Each
of these eBay sellers are named as the eBay Seller Defendants herein.
Additional eBay sellers were named as defendants in the original Complaint in this
action, and have since been dismissed from the litigation as a result of entering
into confidential settlement agreements.
138.
Through its investigators, North Atlantic purchased cartons of ZIG-
ZAG Orange from the eBay Seller Defendants. Payments for each of the
transactions were made through PayPal.
139.
The prices at which the eBay Seller Defendants sold the purported
ZIG-ZAG Orange products were significantly lower than the lowest published
36
21671013.1
Pg ID 1561
price available to wholesalers purchasing directly from North Atlantic. Attached

as Exhibit E is a list of the eBay Seller Defendants identifying details, dates of
purchases and receipt of the purported ZIG-ZAG Orange, and cost per unit sold.
140.
Each purchase from the eBay Seller Defendants was shipped to North
Atlantics investigators in Michigan, within this judicial district.

141.
Each of the ZIG-ZAG Orange cigarette paper products purchased
from the eBay Seller Defendants was subsequently sent from North Atlantics
investigators in Michigan to North Atlantics Quality Control Department in
Louisville, Kentucky. Quality control personnel there examined the products and
confirmed that they were counterfeit, rather than genuine in nature.
142.
Upon information and belief, the eBay Seller Defendants knew when
they sold counterfeit ZIG-ZAG Orange cigarette paper products to North

Atlantics undercover investigators that these products were not manufactured,
marketed, advertised, distributed, or sold by North Atlantic, and that they were
poor-quality imitations of North Atlantics authentic ZIG-ZAG products.
143.
Upon information and belief, the eBay Seller Defendants knew when
they sold counterfeit ZIG-ZAG Orange cigarette paper products to North

Atlantics undercover investigators that these products were infringing, and knew
that they had no rights to sell or otherwise distribute counterfeit ZIG-ZAG
products in packaging very similar to the ZIG-ZAG Orange Trade Dress.
37
21671013.1
144.
Pg ID 1562
After initiating this litigation, several of the eBay Seller Defendants
disclosed to North Atlantic their suppliers of the counterfeit ZIG-ZAG Orange

cigarette paper products they had sold to North Atlantics investigators.
145.
Defendants DHGate Seller jackyhu, DHGate Seller kathy0577,
DHGate Seller cngzss, and DHGate Seller cngzss1 (collectively, the DHGate
Seller Defendants) were identified by multiple eBay Seller Defendants as the
source of their counterfeit ZIG-ZAG Orange cigarette paper products.
146.
As a result of information provided by certain eBay Seller
Defendants, North Atlantic knows that the DHGate Seller Defendants have each
sold significant quantities of counterfeit ZIG-ZAG Orange which ended up
being delivered within this judicial district.
147.
Upon information and belief, the DHGate Seller Defendants knew
when they sold counterfeit ZIG-ZAG Orange cigarette paper products to

American consumers, retailers, and wholesalers that these products were not
manufactured, marketed, advertised, distributed, or sold by North Atlantic, and
that they were poor-quality imitations of North Atlantics authentic ZIG-ZAG
products.
148.
Upon information and belief, the DHGate Seller Defendants knew
when they sold counterfeit ZIG-ZAG Orange cigarette paper products to

American consumers, retailers, and wholesalers that these products were
38
21671013.1
Pg ID 1563
infringing, and knew that they had no rights to sell or otherwise distribute
counterfeit ZIG-ZAG products in packaging very similar to the ZIG-ZAG
Orange Trade Dress.
Defendants Distribution of Counterfeit ZIG-ZAG Products is Willful
149.
The Defendants adoption of the ZIG-ZAG and NAOC
Trademarks, the NAOC Copyright, and the ZIG-ZAG Orange Trade Dress is
not only unauthorized, but, as set forth in detail below, is intentional, willful, and
malicious, and was done in intentional, willful, and malicious disregard of North
Atlantics rights and consumers interests.
150.
Upon information and belief, Defendants and their downstream
customers have been distributing counterfeit ZIG-ZAG Orange cigarette paper

products in counterfeit packaging, knowing full well of North Atlantics prior,
exclusive rights in those products and packaging.
151.
Upon information and belief, Defendants knew their activities
described above were illegal and violated North Atlantics trademark rights,
copyrights, and protected trade dress, but they engaged in these activities anyway
for their own financial gain, and to the detriment of consumers.
152.
Upon information and belief, Defendants engaged and continue to
engage in their counterfeiting scheme with the specific intent to trade on and
39
21671013.1
Pg ID 1564
benefit from the goodwill and value established by North Atlantic and North
Atlantics reputation.
The Irreparable Harm to North Atlantic
153.
Defendants willful misconduct, described above, is depriving North
Atlantic of the absolute right to control the quality of products distributed using its
ZIG-ZAG and NAOC Trademarks, NAOC Copyright, and ZIG-ZAG
Orange Trade Dress.
154.
In so doing, Defendants are jeopardizing the enormous goodwill and
value associated with those Trademarks and the NAOC Copyright, and with the
ZIG-ZAG Orange Trade Dress, which North Atlantic and/or its predecessor-ininterest have built up over the past century.
155.
Exacerbating the risk of injury to North Atlantic is the fact that
Defendants counterfeit products are of a vastly inferior quality, compared with

North Atlantics authentic ZIG-ZAG brand products, and are made with
materials of unknown origin, but yet look very similar to the average consumer.
156.
Consumers deceived by Defendants simulated ZIG-ZAG Orange
Trade Dress have and will purchase Defendants counterfeit products instead of
North Atlantics authentic products.
40
21671013.1
157.
Pg ID 1565
Thus, consumers are likely to think less favorably of North Atlantic
than if they had purchased North Atlantics high-quality authentic products, as

they probably intended to do.
158.
As a direct and proximate result of the foregoing, North Atlantic has
suffered and, unless Defendants conduct is enjoined by this Court, will continue
to suffer actual economic damages in the form of lost sales, revenues, and profits,
as well as immediate and irreparable harm for which it has no adequate remedy at
law.
COUNT ONE
(Federal Trademark Infringement in Violation of 15 U.S.C. 1114)
159.
North Atlantic realleges and incorporates by reference the allegations
in the preceding paragraphs of this Complaint, as if fully set forth herein.

160.
In violation of 15 U.S.C. 1114, Defendants used in commerce,
without North Atlantics consent, either a reproduction, counterfeit, copy, or

colorable imitation of the NAOC Trademarks and the ZIG-ZAG Orange Trade
Dress in connection with the sale, offering for sale, distribution, or advertising of
counterfeit ZIG-ZAG Orange cigarette paper products, which is likely to cause
confusion, or to cause mistake, or to deceive.
41
21671013.1
161.
Pg ID 1566
Defendants actions constitute willful infringement of North
Atlantics exclusive rights in and to the NAOC Trademarks and the ZIG-ZAG
Orange Trade Dress.
162.
As a direct and proximate result of Defendants willful misconduct,
North Atlantic has suffered irreparable harm to the value and goodwill associated
with the NAOC Trademark and the ZIG-ZAG Orange Trade Dress and their
reputation in the industry.
163.
Unless Defendants are restrained from further infringement of the
NAOC Trademarks and the ZIG-ZAG Orange Trade Dress, North Atlantic will
continue to be irreparably harmed.
164.
North Atlantic has absolutely no adequate remedy at law that will
compensate for the continued, irreparable harm that it will suffer if Defendants
willful misconduct is allowed to continue.
165.
North Atlantic has suffered damages to the valuable NAOC Trademarks and
ZIG-ZAG Orange Trade Dress and other damages in an amount to be proved at
trial.
COUNT TWO
(False Designation of Origin and Trademark/Trade Dress Infringement
In Violation of 15 U.S.C. 1125(a))
42
21671013.1
166.
Pg ID 1567

167.
In violation of 15 U.S.C. 1125(a), Defendants, in connection with
the counterfeit ZIG-ZAG Orange cigarette paper products, used in commerce a

slogan, trade dress, word, term, name, symbol, or device, or any combination
thereof, or a false designation of origin, false or misleading description of fact, or
false or misleading representation of fact, which was or is likely to cause
confusion or to cause mistake, or to deceive as to an affiliation, connection, or
association with North Atlantic.
168.
Without limitation, Defendants have willfully infringed North
Atlantics exclusive rights in and to the ZIG-ZAG and NAOC Trademarks and
the ZIG-ZAG Orange Trade Dress.
169.
North Atlantic has suffered and is suffering irreparable harm to the value and
goodwill associated with the ZIG-ZAG and NAOC Trademarks and the ZIGZAG Orange Trade Dress, and North Atlantics reputation as a distributor of
high-quality ZIG-ZAG brand cigarette paper products.
170.
ZIG-ZAG and NAOC Trademarks and the ZIG-ZAG Orange Trade Dress,
North Atlantic will continue to be irreparably harmed.
43
21671013.1
171.
Pg ID 1568
compensate for the continued and irreparable harm they will suffer if Defendants
172.
North Atlantic has suffered damages to the valuable ZIG-ZAG and NAOC
Trademarks and the ZIG-ZAG Orange Trademarks and other damages in an
amount to be proved at trial.
COUNT THREE
(Federal Copyright Infringement in Violation of 17 U.S.C. 101 et seq.)
173.

174.
Currently, and at all relevant times, North Atlantic has been the sole
proprietor of all right, title, and interest in and to the NAOC Copyright. As
provided by 17 U.S.C. 106, North Atlantic has the exclusive right to, inter alia,
reproduce, distribute, publicly display, and create derivative works from the
NAOC Copyright.
175.
North Atlantic has registered its claim to copyright in the NAOC
Copyright. North Atlantic possesses a copyright registration certificate for the

NAOC Copyright dated October 11, 2002.
44
21671013.1
176.
Pg ID 1569
Defendants, acting independently and in conspiracy with one another,
have directly infringed the NAOC Copyright by unlawfully reproducing,

transmitting, distributing, publicly displaying, and creating derivative works based
on the NAOC Copyright, all in violation of North Atlantics exclusive rights
under 17 U.S.C. 106.
177.
Upon information and belief, the foregoing actions of Defendants in
violation of North Atlantics rights have been willful and intentional, executed
with full knowledge of North Atlantics exclusive rights in the NAOC
Copyright, and in conscious disregard of those rights.
178.
North Atlantic is entitled to recover from Defendants the profits that
Defendants obtained through infringements of the NAOC Copyright, as well as

North Atlantics damages from those infringements, or, at North Atlantics
election, statutory damages pursuant to 17 U.S.C. 504.
179.
North Atlantic is also entitled to recover costs and attorneys fees
from Defendants pursuant to 17 U.S.C. 505.

180.
Defendants willful infringements of North Atlantics NAOC
Copyright has caused, and unless enjoined by this Court, will continue to cause,
irreparable injury to North Atlantic, which is not fully compensable in monetary
damages. North Atlantic is therefore entitled to preliminary and permanent
45
21671013.1
Pg ID 1570
injunctions prohibiting Defendants from further infringing North Atlantics

NAOC Copyright.
COUNT FOUR
(Improper Use under MCL 429.42)
181.

182.
In violation of MCL 429.42, Defendants used in commerce, without
North Atlantics consent, either a reproduction, counterfeit, copy, or colorable

imitation of the NAOC Trademarks and the ZIG-ZAG Orange Trade Dress in
connection with the sale, offering for sale, or advertising of counterfeit ZIGZAG Orange cigarette paper products, which is likely to cause confusion, or to
cause mistake, or to deceive.
183.
Also in violation of MCL 429.42, Defendants, in connection with

thereof, or a false designation of origin, false or misleading representation of fact,
which was or is likely to cause confusion or to cause mistake, or to deceive as to
an affiliation, connection, or association with North Atlantic.
46
21671013.1
184.
Pg ID 1571
Defendants actions constitute willfully improper use, reproduction,
or imitation of North Atlantics exclusive rights in and to the NAOC Trademarks

and the ZIG-ZAG Orange Trade Dress.
185.
186.
Unless Defendants are restrained from further use, reproduction, or
imitation of the NAOC Trademarks and the ZIG-ZAG Orange Trade Dress,
North Atlantic will continue to be irreparably harmed.
187.
188.
North Atlantic has suffered damages to the valuable NAOC Trademarks and the
trial.
47
21671013.1
Pg ID 1572
COUNT FIVE
(Unfair Competition under MCL 445.903)
189.

190.
In violation of MCL 445.903, Defendants used in commerce,
without North Atlantics consent, either a reproduction, counterfeit, copy, or

colorable imitation of the NAOC Trademarks and the ZIG-ZAG Orange Trade
Dress in connection with the sale, offering for sale, or advertising of counterfeit
ZIG-ZAG Orange cigarette paper products, which is likely to cause confusion,
or to cause mistake, or to deceive.
191.
Also in violation of MCL 445.903, Defendants, in connection with

thereof, or a false designation of origin, false or misleading representation of fact,
which was or is likely to cause confusion or to cause mistake, or to deceive as to
an affiliation, connection, or association with North Atlantic.
192.
Defendants actions constitute unfair, unconscionable, or deceptive
methods, acts or practices in conduct of trade or commerce and interfere with

North Atlantics exclusive rights in and to the NAOC Trademarks and the ZIGZAG Orange Trade Dress.
48
21671013.1
193.
Pg ID 1573
194.
Unless Defendants are restrained from further unfair, unconscionable,
or deceptive methods, acts or practices in conduct of trade or commerce that

interferes with North Atlantics exclusive rights to the NAOC Trademarks and
the ZIG-ZAG Orange Trade Dress, North Atlantic will continue to be irreparably
harmed.
195.
196.
North Atlantic has suffered damages to the valuable NAOC Trademarks and the
trial.
COUNT SIX
(Common Law Unfair Competition)
197.
49
21671013.1
198.
Pg ID 1574
In violation of the common law of the State of Michigan and
elsewhere, Defendants have unfairly competed with North Atlantic by

manufacturing, selling, offering for sale, and/or distributing counterfeit ZIGZAG Orange cigarette paper products and therefore appropriating a distinctive
portion of the ZIG-ZAG and NAOC Trademarks and the ZIG-ZAG Orange
Trade Dress.
199.
Defendants willful misconduct caused confusion and uncertainty in
North Atlantics business by deceiving and misleading the public, who with such
reasonable care and observation as the public generally are capable of using and
may be expected to exercise, is likely to mistake Defendants counterfeit products
with those sold by North Atlantic.
200.
201.
NAOC Trademarks and the ZIG-ZAG Orange Trade Dress, North Atlantic will
continue to be irreparably harmed.
50
21671013.1
202.
Pg ID 1575
203.
North Atlantic has suffered damages to the valuable NAOC Trademarks and
trial.
WHEREFORE, North Atlantic respectfully requests the Court to enter
judgment in its favor and against Defendants, and each of them, and award North
Atlantic relief as follows:
1. For judgment that:
a. Defendants have violated Section 32 of the Lanham Act, 15 U.S.C.
1114;
b. Defendants have violated Section 43(a) of the Lanham Act, 15 U.S.C.
1125(a);
c. Defendants have violated the Copyright Act of 1976, 17 U.S.C.
101 et seq.;
d. Defendants have violated MCL 429.92;
e. Defendants have violated MCL 445.903;
51
21671013.1
Pg ID 1576
f. Defendants have unfairly competed with North Atlantic, in violation

of Michigan common law; and
g. In all instances, Defendants acted in bad faith, willfully, intentionally,
and/or in malicious disregard of North Atlantics lawfully protected
rights.
2. For an order enjoining Defendants, their affiliates, subsidiaries, parents, and
their respective officers, agents, servants, attorneys, and employees, and all
persons in active concert or participation with them, and mandating that
Defendants forever cease and desist and refrain from, anywhere in the
world:
a. Directly or indirectly importing, manufacturing, distributing,
advertising, promoting, making, purchasing, offering for sale, or
selling any counterfeit ZIG-ZAG brand cigarette paper products,
including, but not limited to, ZIG-ZAG Orange, or any ZIG-ZAG
brand products not sold under the authority of North Atlantic, or any
packaging for same, containing infringing ZIG-ZAG or NAOC
Trademarks or the NAOC Copyright, or any colorable imitation
thereof, or simulating the ZIG-ZAG Orange Trade Dress;
b. Selling or passing off, or inducing or enabling others to sell or pass
off, any of North Atlantics products, or products not authorized by
52
21671013.1
Pg ID 1577
North Atlantic, not produced, imported, and distributed under the

control or supervision of North Atlantic, and/or approved for sale in
the United States, under the ZIG-ZAG or NAOC Trademarks or
the NAOC Copyright or the ZIG-ZAG Orange Trade Dress;
c. Committing any acts calculated to cause purchasers to believe that
counterfeit or infringing ZIG-ZAG brand cigarette paper products
are sold under the control or supervision of North Atlantic when they
are not;
d. In any way infringing or damaging the ZIG-ZAG or NAOC
Trademarks, the NAOC Copyright, or the ZIG-ZAG Orange
Trade Dress;
e. Importing, shipping, delivering, distributing, returning, or otherwise
disposing of, in any manner, products or inventory not authorized by
North Atlantic to be sold or offered for sale in the United States
bearing the ZIG-ZAG or NAOC Trademarks, the NAOC
Copyright, or ZIG-ZAG Orange Trade Dress;
f. Otherwise unfairly competing with North Atlantic in any manner;
g. Attempting, causing, or assisting any of the above-described acts,
including, but not limited to, enabling others to conduct the scheme
described above, or by passing along information to others to allow
53
21671013.1
Pg ID 1578
them to import, manufacture, distribute, advertise, promote, make,

purchase, offer for sale, or sell counterfeit or infringing ZIG-ZAG
brand cigarette paper products, including, but not limited to, ZIGZAG Orange; and
h. Destroying or disposing of any documents, records, or electronicallystored information related to the import, manufacture, distribution,
advertisement, promotion, making, purchase, offers to sell, or sale of
any product that has been or is intended to be sold in packaging
containing the ZIG-ZAG or NAOC Trademarks or the NAOC
Copyright or simulating the ZIG-ZAG Orange Trade Dress.
3. For an order enjoining Defendants and their agents, employees,
representatives, successors, and assigns from forming or causing to be
formed any corporation, partnership, or other entity that engages in any of
the conduct described above.
4. For an order requiring Defendants to cooperate with North Atlantic in good
faith in its investigation of counterfeit sales at their retail and wholesale
establishments, including, without limitation, by:
a. Permitting North Atlantic representatives or their designees to
conduct inspections of Defendants inventories of cigarette paper
products to determine whether any cigarette paper products bearing
54
21671013.1
Pg ID 1579
the ZIG-ZAG or NAOC Trademarks or the NAOC Copyright,

or housed in any packaging simulating the ZIG-ZAG Orange Trade
Dress, are counterfeit, and to retain possession of any such counterfeit
products;
b. Responding to reasonable requests for information about Defendants
source(s) of ZIG-ZAG brand cigarette paper products; and
c. Cooperating with North Atlantic representatives or their designees in
their investigations of any source(s) of ZIG-ZAG brand cigarette
paper products.
5. For an order:
a. Requiring Defendants to account for and pay over to North Atlantic
all profits derived from their wrongful misconduct to the full extent
provided for by Section 35(a) of the Lanham Act, 15 U.S.C.
1117(a);
b. Requiring Defendants to account for and pay to North Atlantic
enhanced damages resulting from their wrongful misconduct to the
full extent provided for by Section 35(b) of the Lanham Act, 15
U.S.C. 1117(b);
55
21671013.1
Pg ID 1580
c. Awarding North Atlantic damages, or statutory damages in an amount

not less than $2 million ($2,000,000) per trademark pursuant to
Section 35(c) of the Lanham Act, 15 U.S.C. 1117(c);
d. Requiring Defendants to account for and pay to North Atlantic all
profits derived from their wrongful misconduct, to the full extent
provided for by the Copyright Act, 17 U.S.C. 504;
e. Awarding North Atlantic damages, or statutory damages in an amount
not less than $150,000 per infringement of the NAOC Copyright
which occurred after the filing of its copyright application against
each of the Defendants separately and jointly;
f. Awarding North Atlantic damages to the full extent provided by
Michigan state statutory and common law;
g. Awarding North Atlantic its costs of suit, including reasonable
attorneys fees; and
h. Such other and further relief as this Court deems just and proper.
DEMAND FOR JURY TRIAL
North Atlantic hereby demands trial by jury of all issues so triable under the
law as provided by Rule 38(a) of the Federal Rules of Civil Procedure.
56
21671013.1
Pg ID 1581
Respectfully submitted,
North Atlantic Operating Company, Inc.;
National Tobacco Company, L.P.
Date: May 13, 2016
By: /s/ Andrew M. Pauwels

HONIGMAN MILLER SCHWARTZ
AND COHN LLP
J. Michael Huget (P 39150)
Deborah J. Swedlow (P 67844)
Andrew M. Pauwels (P 79167)
315 E. Eisenhower Parkway, Suite 100
Ann Arbor, Michigan 48108
Phone: (734) 418-4200
mhuget@honigman.com
bswedlow@honigman.com
apauwels@honigman.com
Marcella Ballard
mballard@venable.com
Samantha Rothaus
srothaus@venable.com
1270 Avenue of the Americas, 25th Floor
New York, NY 10020
(212) 307-5500
(212) 307-5598 fax
Attorneys for Plaintiffs
North Atlantic Operating Company, Inc.
and National Tobacco Company, L.P.
57
21671013.1
Pg ID 1582
INDEX OF EXHIBITS
Exhibit A U.S. trademark registration certificates for the ZIG-ZAG
Trademarks
Exhibit B U.S. trademark registration certificates for the NAOC Trademarks
Exhibit C U.S. Copyright Office registration certificate for the NAOC
Copyright
Exhibit D Photographs of ZIG-ZAG Orange Trade Dress
Exhibit E Chart identifying Defendants names, dates of each purchase of
purported ZIG-ZAG Orange, and cost per unit sold
21671013.1

North Atlantic Operating Co. v. Huang - Zig Zag Trademark Complaint PDF

Diunggah oleh

Informasi Dokumen

Judul Asli

Hak Cipta

Format Tersedia

Bagikan dokumen Ini

Bagikan atau Tanam Dokumen

Opsi Berbagi

Apakah menurut Anda dokumen ini bermanfaat?

Apakah konten ini tidak pantas?

Hak Cipta:

Format Tersedia

North Atlantic Operating Co. v. Huang - Zig Zag Trademark Complaint PDF

Diunggah oleh

Hak Cipta:

Format Tersedia

4:15-cv-14013-TGB-DRG Doc # 188 Filed 05/13/16 Pg 1 of 58

UNITED STATES DISTRICT COURT

NORTH ATLANTIC OPERATING

CIVIL ACTION NO. 4:15-cv14013-TGB-DRG

JURY TRIAL DEMANDED

4:15-cv-14013-TGB-DRG Doc # 188 Filed 05/13/16 Pg 2 of 58

4:15-cv-14013-TGB-DRG Doc # 188 Filed 05/13/16 Pg 3 of 58

NATURE OF THE ACTION

This is an anti-counterfeiting action against those who manufacture,

As detailed herein, these counterfeiters have been distributing

purported ZIG-ZAG brand cigarette paper products in packaging bearing North

in fact counterfeit products that can be distinguished from North Atlantics

North Atlantic has analyzed the products distributed by Defendants in

4:15-cv-14013-TGB-DRG Doc # 188 Filed 05/13/16 Pg 4 of 58

North Atlantic has also expended significant financial and human

capital investigating the counterfeit online sellers. As detailed below, North

North Atlantic now brings this action for:

This Court has original subject matter jurisdiction over North

4:15-cv-14013-TGB-DRG Doc # 188 Filed 05/13/16 Pg 5 of 58

This Court has subject matter jurisdiction over North Atlantics

Michigan state law claims pursuant to 28 U.S.C. 1338(b) and 28 U.S.C.

Personal jurisdiction is proper in this judicial district because each

Venue is proper in this judicial district pursuant to 28 U.S.C. 1391,

NAOC is a corporation organized and existing under the laws of the

State of Delaware with an office and principal place of business at 5201

NTC is a limited partnership organized and existing under the laws of

4:15-cv-14013-TGB-DRG Doc # 188 Filed 05/13/16 Pg 6 of 58

NAOC and NTC are the exclusive licensees of the world-famous

Together, NAOC and NTC exclusively manufacture, market,

In its original Complaint, North Atlantic named a total of seventy-one

(71) separately identified Defendants. In the intervening months, North Atlantic

Upon information and belief, Defendant JingJing Huang (J. Huang)

Upon information and belief, J. Huang is involved in the sale and

distribution of counterfeit ZIG-ZAG Orange cigarette paper products to

4:15-cv-14013-TGB-DRG Doc # 188 Filed 05/13/16 Pg 7 of 58

Michigan and nationwide, and may be responsible for manufacturing and/or

Upon information and belief, Defendant Alice Huang (A. Huang) is

Upon information and belief, A. Huang is involved in the sale and

distribution of counterfeit ZIG-ZAG Orange cigarette paper products to

Upon information and belief, Defendant eBay Seller huapur_6233

(huapur_6233) is an eBay account associated with the email address

Upon information and belief, huapur_6233, through the operator(s) of

said account, is involved in the sale and distribution of counterfeit ZIG-ZAG

4:15-cv-14013-TGB-DRG Doc # 188 Filed 05/13/16 Pg 8 of 58

Upon information and belief, Defendant Anle Pan (A. Pan) is a

Upon information and belief, A. Pan is involved in the sale and

distribution of counterfeit ZIG-ZAG Orange cigarette paper products to

Upon information and belief, Defendant Super Home Variety Store,

distribution of counterfeit ZIG-ZAG Orange cigarette paper products to

Upon information and belief, Defendant eBay Seller anlpa91

(anlpa91) is an eBay account associated with the email address

4:15-cv-14013-TGB-DRG Doc # 188 Filed 05/13/16 Pg 9 of 58

superhomevarietystore@gmail.com, and may also be associated with the physical

Upon information and belief, anlpa91, through the operator(s) of said

account, is involved in the sale and distribution of counterfeit ZIG-ZAG Orange

Upon information and belief, Defendant ZhangQi Pan (Z. Pan) is a

Upon information and belief, Z. Pan is involved in the sale and

distribution of counterfeit ZIG-ZAG Orange cigarette paper products to

Upon information and belief, Defendant Ryan Pan (R. Pan) is a

Upon information and belief, R. Pan is involved in the sale and

distribution of counterfeit ZIG-ZAG Orange cigarette paper products to

4:15-cv-14013-TGB-DRG Doc # 188 Filed 05/13/16 Pg 10 of 58

Upon information and belief, Defendant eBay Seller ryan0201168