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7/29/2019 001 - Complaint
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THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
CHANEL, INC., a New York corporation,
Plaintiff,
vs.
THE PARTNERSHIPS and
UNINCORPORATED ASSOCIATIONSIDENTIFIED ON SCHEDULE A and
DOES 1-1000,
Defendants.
/
COMPLAINT FOR INJUNCTIVE RELIEF
Plaintiff, CHANEL, INC. (Chanel), a New York corporation, (Plaintiff or Chanel)
hereby sues Defendants THE PARTNERSHIPS and UNINCORPORATED ASSOCIATIONS
IDENTIFIED ON SCHEDULE A and DOES 1-1,000 (collectively Defendants) and alleges
as follows:
JURISDICTION AND VENUE
1. This is an action pursuant to 15 U.S.C. 1114, 1116, 1121 and 1125(a) and (d)and The All Writs Act, 28 U.S.C 1651(a). Accordingly, this Court has subject matter
jurisdiction under 28 U.S.C. 1331 and 1338. This Court has supplemental jurisdiction
pursuant to 28 U.S.C. 1367 over Chanels state law claims because those claims are so related
to the federal claims that they form part of the same case or controversy.
2. Venue is proper in this Court pursuant 28 U.S.C. 1391, and this Court mayproperly exercise personal jurisdiction over Defendants since all Defendants directly target
business activities towards consumers in Florida and cause harm to Chanels business within this
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District through, at least, various fully interactive Internet websites, including those operating
under their partnership and/or unincorporated association names (the Subject Domain Names).
THE PLAINTIFF
3. Chanel is a corporation duly organized under the laws of the State of New Yorkwith its principal place of business in the United States located at Nine West 57th Street, New
York, New York 10019. Chanel operates boutiques throughout the world, including within this
Judicial District. Chanel is, in part, engaged in the business of manufacturing and distributing
throughout the world, including within this Judicial District, a variety of high quality luxury
goods, including, but not limited to, handbags, wallets, shoes, boots, sunglasses, belts,
swimwear, cosmetics, protective covers for portable electronic devices, including cell phones,
watches, and costume jewelry, including necklaces, bracelets, and earrings under multiple world
famous common law and Federally registered trademarks including those identified in Paragraph
16 below. Chanel offers for sale and sells its trademarked goods within this Judicial District.
Defendants sales of counterfeit and infringing Chanel branded products are causing damage to
Chanel within this Jurisdiction. Chanel regularly enforces its intellectual property rights and
authorized that this action be brought in its name.
4. Like many other famous trademark owners in the luxury goods market, Chanelsuffers ongoing daily and sustained violations of its trademark rights at the hands of
counterfeiters and infringers, such as the Defendants herein, who wrongfully reproduce and
counterfeit Chanels trademarks for the twin purposes of (i) duping and confusing the consuming
public and (ii) earning substantial profits.
5. In order to combat the harm caused by the combined actions of Defendants andothers engaging in similar conduct, each year Chanel expends millions of dollars in connection
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with trademark enforcement efforts, including legal fees, investigative fees, and support
mechanisms for law enforcement, such as field training guides and seminars. The recent
explosion of counterfeiting over the Internet has created an environment which requires Chanel
to file a massive number of lawsuits, often it later turns out, against the same individuals and
groups, in order to protect both consumers and itself from the ill effects of confusion and the
erosion of the goodwill connected to the Chanel brand. The financial burden on Chanel and
companies similarly situated is staggering, as is the resulting burden on the Federal court system.
THE DEFENDANTS
6.
Defendants are partnerships or unincorporated business associations which
operate through domain names registered with registrars in multiple countries and are comprised
of individuals and/or business entities of unknown makeup, many of whom likely reside and/or
operate in the Peoples Republic of China or other foreign jurisdictions with lax trademark
enforcement systems. Defendants have the capacity to be sued pursuant to Federal Rule of Civil
Procedure 17(b). Defendants target their business activities towards consumers throughout the
United States, including within this Judicial District through the operation of the fully interactive
commercial websites operating under the Subject Domain Names identified on Schedule A
hereto.
7. Defendants are directly and personally contributing to, inducing and engaging inthe sale of counterfeit products as alleged herein, often times as partners, co-conspirators and/or
suppliers.
8. Defendants are part of an ongoing conspiracy to create and maintain an illegalmarketplace enterprise on the World Wide Web, the purposes of which are to (i) confuse
consumers regarding the source of the Defendants goods for profit, and (ii) expand the
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marketplace for illegal, counterfeit Chanel branded goods while shrinking the legitimate
marketplace for genuine Chanel goods. The natural and intended byproduct of Defendants
actions is the erosion and destruction of the overall marketplace in which Chanel operates and
the goodwill associated with the Chanel name and associated trademarks.
9. The partnerships or unincorporated association names used by Defendants are setforth on Schedule A hereto. Chanel is presently unaware of the true names of Does 1-1,000.
Chanel will move to amend this Complaint upon discovery of the identities of such fictitious
Defendants.
10.
Defendants are the past and present moving and conscious forces behind the
operation of the commercial Internet websites operating under the Subject Domain Names.
11. Defendants directly engage in unfair competition with Chanel by (i) offering forsale and selling counterfeit and infringing Chanel branded products within this Judicial District
through multiple commercial websites operating under the Subject Domain Names and
additional domain names not yet known to Plaintiff and (ii) creating and maintaining an illegal
marketplace enterprise for the purpose of diverting business from Chanels legitimate
marketplace for its genuine goods. Defendants have purposefully directed their illegal activities
towards consumers in the State of Florida through the advertisement, offer to sell, sale, and
shipment of counterfeit Chanel branded goods into the State and by operating an illegal
marketplace enterprise which impacts and interferes with commerce throughout the United
States, including within the State of Florida.
12. Upon information and belief, Defendants will continue to register or acquire newdomain names for the purpose of selling goods bearing counterfeits and infringements of
Chanels trademarks unless preliminarily and permanently enjoined. Moreover, upon
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information and belief, the Defendants and their coconspirators will continue to maintain and
grow their illegal marketplace enterprise at Chanels expense unless preliminarily and
permanently enjoined.
13. Defendants Internet-based website businesses and associated marketplaceamount to nothing more than massive illegal operations, infringing on the intellectual property
rights of Chanel and others.
14. Defendants use and have registered, established or purchased and\or maintainedthe Subject Domain Names. Upon information and belief, Defendants have engaged in
fraudulent conduct with respect to the registration of the Subject Domain Names by providing
false and/or misleading information to their various Registrars during the Registration or
maintenance process. Upon information and belief, many of the Defendants have anonymously
registered and maintained some of the Subject Domain Names for the sole purpose of engaging
in illegal counterfeiting activities.
15. Defendants business names, i.e., the Subject Domain Names and any otherdomain names used in connection with the sale of counterfeits bearing Chanels trademarks, are
essential components of Defendants counterfeiting and infringing activities. The Subject
Domain Names themselves are a significant part of the means by which Defendants further their
counterfeiting and infringing scheme and cause harm to Chanel. Moreover, Defendants are using
Chanels famous name and trademarks to drive Internet consumer traffic to their websites
operating under the Subject Domain Names, thereby creating and increasing the value of the
Subject Domain Names at Chanels expense.
COMMON FACTUAL ALLEGATIONS
Plaintiffs Trademark Rights
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16. Chanel is and at all times relevant hereto has been, the owner of all rights in andto the following trademarks, which are valid and registered on the Principal Register of the
United States Patent and Trademark Office (collectively the Chanel Marks):
TrademarkRegistration
Number
Registration
DateClasses/Goods
CHANEL0,612,169
September 13,1955
IC 014 Necklaces
CHANEL0,626,035 May 1, 1956 IC 018 Womens Handbags
CHANEL0,902,190
November 10,1970
IC 014 - Bracelets, Pins, and Earrings
CHANEL0,915,139 June 15, 1971 IC 025 - Women's Shoes
CHANEL0,955,074
March 13,
1973IC 014 Watches
CHANEL1,241,265 June 7, 1983
IC 025 - Suits, Jackets, Skirts, Dresses,Pants, Blouses, Tunics, Sweaters,
Cardigans, Coats, Raincoats, Scarves,
Shoes and Boots
1,314,511January 15,
1985IC 018 - Leather Goods-Namely,Handbags
CHANEL1,347,677 July 9, 1985
IC 018 - Leather Goods-namely,Handbags
1,501,898August 30,
1988
IC 006 Keychains
IC 014 - Costume Jewelry
IC 016 - Gift Wrapping Paper
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IC 025 -Blouses, Shoes, Belts,
Scarves, Jackets, Men's Ties
IC 026 Brooches and Buttons forClothing
CHANEL1,510,757
November 1,
1988IC 009 Sunglasses
CHANEL1,733,051
November 17,
1992
IC 018 - Leather Goods; namely,Handbags, Wallets, Travel Bags,
Luggage, Business and Credit Card
Cases, Change Purses, Tote Bags,Cosmetic Bags Sold Empty, and
Garment Bags for Travel
1,734,822November 24,
1992
IC 018 - Leather Goods; namely,Handbags, Wallets, Travel Bags,
Luggage, Business Card Cases,Change Purses, Tote Bags, and
Cosmetic Bags Sold Empty
3,025,934December 13,
2005IC 018 Handbags
CHANEL3,133,139
August 22,
2006
IC 014 - Jewelry and Watches
4,074,269December 20,
2011
IC 009 - Protective covers for portable
electronic devices, handheld digital
devices, personal computers and cellphones
IC 016 - Temporary tattoos
IC 018 - Key cases
J12 2,559,772 April 9, 2002 IC 009 - Timepieces; namely, watches,and parts thereof
3,025,936December 13,
2005
IC 009 - Eyeglass frames, sunglasses.
IC 025 - Gloves, swimwear
IC 026 - Hair accessories, namely,
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barrettes
1,654,252
August 20,
1991 IC 009 Sunglasses
CHANEL1,348,842 July 16, 1985
IC 003 Perfumery, Cosmetics andToiletries
1,347,094 July 9, 1985IC 003 Perfumery, Cosmetics and
Toiletries
CHANEL
0,195,360
February 24,
1925
IC 003 - Face Powder, Perfume, Eau
De Cologne, Toilet Water, Lip Stick,and Rouge
17. The Chanel Marks are used in connection with the manufacture and distributionof quality goods in the categories identified above.
18. The Chanel Marks have been used in interstate commerce to identify anddistinguish Chanel's high quality handbags, wallets, shoes, boots, sunglasses, belts, swimwear,
cosmetics, protective covers for portable electronic devices, including cell phones, watches,
costume jewelry, including necklaces, bracelets, and earrings, and other goods for an extended
period of time.
19. The Chanel Marks have never been assigned or licensed to any of the Defendantsin this matter.
20. The Chanel Marks are symbols of Chanel's quality, reputation and goodwill andhave never been abandoned.
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21. Further, Chanel has expended substantial time, money and other resourcesdeveloping, advertising and otherwise promoting the Chanel Marks. The Chanel Marks qualify
as famous marks as that term is used in 15 U.S.C. 1125(c)(1).
22. Chanel has extensively used, advertised and promoted the Chanel Marks in theUnited States in association with the sale of high quality handbags, wallets, shoes, boots,
sunglasses, belts, swimwear, cosmetics, protective covers for portable electronic devices,
including cell phones, watches, costume jewelry, including necklaces, bracelets, and earrings,
and other goods and has carefully monitored and policed the use of the Chanel Marks.
23.
As a result of Chanels efforts, members of the consuming public readily identify
merchandise bearing the Chanel Marks, as being high quality goods sponsored and approved by
Chanel.
24. Accordingly, the Chanel Marks have achieved secondary meaning as identifiersof high quality handbags, wallets, shoes, boots, sunglasses, belts, swimwear, cosmetics,
protective covers for portable electronic devices, including cell phones, watches, costume
jewelry, including necklaces, bracelets, and earrings, and other goods.
25. Genuine Chanel branded goods are widely legitimately advertised and promotedby Chanel and unrelated third parties via the Internet. Over the course of the past five to seven
years, visibility on the Internet, particularly via Internet search engines such as Google, Yahoo!,
and Bing has become increasingly important to Chanels overall marketing and consumer
education efforts. Thus, Chanel expends significant monetary resources on Internet marketing
and consumer education, including search engine optimization (SEO) strategies. Those
strategies allow Chanel to fairly and legitimately educate consumers about the value associated
with the Chanel brand and the goods sold thereunder. SEO is a now common marketing process
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whereby a company or individual designs, supports, structures and phrases Internet website
content in order to enhance a websites profile for search engines over a variety of search terms.
Defendants Infringing Acts
26. Upon information and belief, at all times relevant hereto, Defendants in this actionhave had full knowledge of Chanels ownership of the Chanel Marks, including its exclusive
right to use and license such intellectual property and the goodwill associated therewith.
27. Chanel has discovered Defendants are promoting and otherwise advertising,distributing, selling and/or offering for sale counterfeit products, including, at least, handbags,
wallets, shoes, boots, sunglasses, belts, swimwear, cosmetics, protective covers for portable
electronic devices, including cell phones, watches, and costume jewelry, including necklaces,
bracelets, and earrings, bearing marks which are exact copies or colorable imitations of the
Chanel Marks (the Defendants Goods). Specifically, upon information and belief, Defendants
are using the Chanel Marks for different quality goods.
28. The Defendants Goods are of a quality substantially different than that ofChanels genuine goods. Despite the nature of the Defendants Goods and the knowledge they
are without authority to do so, Defendants are actively using, promoting and otherwise
advertising, distributing, selling and/or offering for sale substantial quantities of such goods with
the knowledge that such goods will be mistaken for the genuine high quality products offered for
sale by Chanel. The net effect of Defendants actions will be to result in the confusion of
consumers at the time of initial interest, sale, and in the post-sale setting, who will believe
Defendants Goods are genuine goods originating from, associated with, and approved by
Chanel.
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29. Defendants advertise their products for sale to the consuming public. In soadvertising these products, Defendants improperly and unlawfully use the Chanel Marks. Upon
information and belief, the misappropriation of the Chanel Marks has been the proximate cause
of harm to Chanel.
30. As part of their overall infringement and counterfeiting scheme, the Defendantsare, upon information and belief, all employing substantially similar, and often times
coordinated, paid advertising and SEO strategies based, in large measure, upon an illegal use of
counterfeits and infringements of the Chanel Marks. Specifically, the Defendants are using
counterfeits of Chanels name and the Chanel Marks in order to make their websites selling
illegal goods appear more relevant and attractive to search engines across an array of search
terms. By their actions, the Defendants have created an illegal marketplace operating in parallel
to the legitimate marketplace for genuine Chanel goods. Defendants are causing concurrent and
indivisible harm to Chanel and the consuming public by (i) depriving Chanel and other third
parties of the ability to fairly compete for space within search engine results, (ii) causing an
overall degradation of the value of the goodwill associated with the Chanel Marks, (iii)
increasing Chanels overall cost to market its goods and educate consumers about the brand via
the Internet and (iv) maintaining an illegal marketplace enterprise which perpetuates the ability
of Defendants and future entrants to that marketplace to confuse consumers and harm Chanel
with impunity.
31. Upon information and belief, Defendants are concurrently conducting theircounterfeiting and infringing activities, at least, within this Judicial District and elsewhere
throughout the United States. As a result, Defendants are defrauding Chanel and the consuming
public for Defendants own benefit. Defendants infringement and disparagement of Chanel does
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not simply amount to the wrong description of their goods or the failure of the goods to conform
to the advertised quality or performance.
32. Defendants use of the Chanel Marks, including the promotion and advertisement,reproduction, distribution, sale, and offering for sale of Defendants Goods, is without Chanels
consent or authorization.
33. Further, Defendants are engaging in the above-described illegal counterfeiting andinfringing activities knowingly and intentionally or with reckless disregard or willful blindness to
Chanels rights for the purpose of trading on the goodwill and reputation of Chanel.
34.
Defendants above-identified infringing activities are likely to cause confusion,
deception and mistake in the minds of consumers, the public and the trade. Moreover,
Defendants wrongful use of the Chanel Marks is likely to create a false impression and deceive
customers, the public and the trade into believing there is a connection or association between
Chanel and Defendants Goods.
35. Chanel has no adequate remedy at law.36. Chanel is suffering irreparable and indivisible injury and damages as a result of
Defendants unauthorized and wrongful use of the Chanel Marks. If Defendants counterfeiting,
infringing, and unfairly competitive activities and their illegal marketplace enterprise are not
preliminarily and permanently enjoined by this Court, Chanel and the consuming public will
continue to be harmed.
37. The injuries and damages sustained by Chanel have been directly and proximatelycaused by Defendants wrongful reproduction, use, advertisement, promotion, offering to sell,
and sale of the Defendants Goods and by the creation, maintenance and very existence of the
Defendants illegal marketplace enterprise.
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38. Chanel has retained the undersigned counsel to represent it in this matter and isobligated to pay said counsel a reasonable fee for such representation.
COUNT I - TRADEMARK COUNTERFEITING AND INFRINGEMENT
39. Chanel hereby adopts and re-alleges the allegations set forth in Paragraphs 1through 38 above.
40. This is an action for trademark counterfeiting and infringement againstDefendants based on their use of counterfeits, copies, and/or colorable imitations of the Chanel
Marks in commerce in connection with the promotion, advertisement, distribution, sale and/or
offering for sale of the Defendants Goods.
41. Specifically, Defendants are promoting and otherwise advertising, selling,offering for sale and distributing, at least, counterfeit and/or infringing handbags, wallets, shoes,
boots, sunglasses, belts, swimwear, cosmetics, protective covers for portable electronic devices,
including cell phones, watches, and costume jewelry, including necklaces, bracelets, and earrings
bearing the Chanel Marks. Defendants are continuously infringing and inducing others to
infringe the Chanel Marks by using them to advertise, promote and sell, at least, counterfeit
and/or infringing handbags, wallets, shoes, boots, sunglasses, belts, swimwear, cosmetics,
protective covers for portable electronic devices, including cell phones, watches, and costume
jewelry, including necklaces, bracelets, and earrings.
42. Defendants concurrent counterfeiting, infringing, and unfairly competitiveactivities are likely to cause and, upon information and belief, actually are causing confusion,
mistake and deception among members of the trade and the general consuming public as to the
origin and quality of Defendants Goods bearing or sold using the Chanel Marks.
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43. Defendants unlawful actions have caused and are continuing to causeunquantifiable and irreparable harm to Chanel.
44. Defendants above-described illegal actions constitute counterfeiting andinfringement of the Chanel Marks in violation of Chanels rights under 32 of the Lanham Act,
15 U.S.C. 1114.
45. Chanel has suffered and will continue to suffer irreparable injury due to the abovedescribed activities of Defendants if Defendants are not preliminarily and permanently enjoined.
COUNT II - FALSE DESIGNATION OF ORIGIN
PURSUANT TO 43(a) OF THE LANHAM ACT
46. Chanel hereby adopts and re-alleges the allegations set forth in Paragraphs 1through 38 above.
47. Defendants Goods bearing and sold under the Chanel Marks have been widelyadvertised and distributed throughout the United States.
48. Defendants Goods bearing and sold under the Chanel Marks are virtuallyidentical in appearance to each of Chanels genuine goods. However, the Defendants Goods are
different in quality. Accordingly, Defendants activities are likely to cause confusion in the trade
and among the general public as to at least the origin or sponsorship of the Defendants Goods.
49. Defendants, upon information and belief, have used in connection with theiradvertisement and sale of products, false designations of origins and false descriptions and
representations, including words or other symbols and trade dress which tend to falsely describe
or represent such goods and have caused such goods to enter into commerce with full knowledge
of the falsity of such designations of origin and such descriptions and representations, all to the
detriment of Chanel.
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50. Specifically, Defendants have authorized an infringing use of the Chanel Marks,in Defendants advertisement and promotion of their counterfeit and infringing handbags,
wallets, shoes, boots, sunglasses, belts, swimwear, cosmetics, protective covers for portable
electronic devices, including cell phones, watches, and costume jewelry, including necklaces,
bracelets, and earrings. Defendants have also misrepresented to members of the consuming
public that the products being advertised and sold by them are genuine, non-infringing products.
51. Additionally, Defendants are using counterfeits and infringements of the ChanelMarks in order to unfairly compete with Chanel and others for space within search engine
organic results, thereby jointly depriving Chanel of a valuable marketing and educational tool
which would otherwise be available to Chanel.
52. Defendants above-described actions are in violation of Section 43(a) of theLanham Act, 15 U.S.C. 1125(a).
53. Chanel has sustained indivisible injury and harm caused by Defendantsconcurrent conduct, and absent an entry of an injunction by this Court, Chanel will continue to
suffer irreparable injury to its goodwill and business reputation as well as monetary damages.
COUNT III - CLAIM FOR RELIEF FOR CYBERSQUATTING
UNDER 43(d) OF THE LANHAM ACTION, 15 U.S.C. 1125(d)
54. Chanel hereby adopts and re-alleges the allegations set forth in Paragraphs 1through 38 above.
55. At all times relevant hereto, Chanel has been and still is the owner of the rights,title and interest in and to the Chanel Marks.
56. Upon information and belief, Defendants have acted with the bad faith intent toprofit from the Chanel Marks and the goodwill associated with the Chanel Marks by registering
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various domain names which are identical or confusingly similar to or dilutive of the Chanel
Marks.
57. Defendants have no intellectual property rights in or to the Chanel Marks.58. Defendants actions constitute cybersquatting in violation of 43(d) of the
Lanham Act, 15 U.S.C. 1125(d).
59. Defendants conduct is done with knowledge and constitutes a willful violation ofChanels rights in the Marks. At a minimum, Defendants conduct constitutes reckless disregard
for and willful blindness to Chanels rights.
60.
The aforesaid conduct is causing Chanel damages and immediate and irreparable
injury. Chanel has no adequate remedy at law.
COUNT IV - COMMON LAW UNFAIR COMPETITION
61. Chanel hereby adopts and re-alleges the allegations set forth in Paragraphs 1through 38 above.
62. This is an action against Defendants based on their (i) manufacture, promotion,advertisement, distribution, sale and/or offering for sale of goods bearing marks which are
virtually identical, both visually and phonetically, to the Chanel Marks, and (ii) creation and
maintenance of an illegal, ongoing marketplace enterprise operating in parallel to the legitimate
marketplace in which Chanel sells its genuine goods, in violation of Floridas common law of
unfair competition.
63. Specifically, the Defendants are promoting and otherwise advertising, selling,offering for sale and distributing infringing and counterfeit handbags, wallets, shoes, boots,
sunglasses, belts, swimwear, cosmetics, protective covers for portable electronic devices,
including cell phones, watches, and costume jewelry, including necklaces, bracelets, and
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earrings. The Defendants are also using counterfeits and infringements of the Chanel Marks to
unfairly compete with Chanel and others for space in search engine results across an array of
search terms and within the World Wide Web in general.
64. Defendants infringing activities are likely to cause and actually are causingconfusion, mistake and deception among members of the trade and the general consuming public
as to the origin and quality of Defendants products by their use of the Chanel Marks.
65. Chanel has no adequate remedy at law and is suffering and irreparable injury as aresult of Defendants' actions.
PRAYER FOR RELIEF
66. WHEREFORE, Chanel demands judgment on all Counts of this Complaint andentry of an award of equitable relief against Defendants as follows:
a. Entry of preliminary and permanent injunction pursuant to Federal Rule ofCivil 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 the
Defendants Goods; from infringing, counterfeiting, or diluting the Chanel Marks; from using the
Chanel Marks, or any mark or trade dress similar thereto, in connection with the sale of any
unauthorized goods; from using any logo, trade name or trademark or trade dress which may be
calculated to falsely advertise the services or products of Defendants as being sponsored by,
authorized by, endorsed by, or in any way associated with Chanel; from falsely representing
themselves as being connected with Chanel, through sponsorship or association, or engaging in
any act which is likely to falsely cause members of the trade and/or of the purchasing public to
believe any goods or services of Defendants, or in any way endorsed by, approved by, and/or
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associated with Chanel; from using any reproduction, counterfeit, infringement, copy, or
colorable imitation of the Chanel Marks in connection with the publicity, promotion, sale, or
advertising of any goods sold by Defendants, including, without limitation, handbags, wallets,
shoes, boots, sunglasses, belts, swimwear, cosmetics, protective covers for portable electronic
devices, including cell phones, watches, or costume jewelry, including necklaces, bracelets, and
earrings; from affixing, applying, annexing or using in connection with the sale of any goods, a
false description or representation, including words or other symbols tending to falsely describe
or represent Defendants goods as being those of Chanel, or in any way endorsed by Chanel and
from offering such goods in commerce; from engaging in search engine optimization strategies
using colorable imitations of the Chanel name or Marks; and from otherwise unfairly competing
with Chanel.
b. Entry of a preliminary and permanent injunction pursuant to 28 U.S.C1651(a), The All Writs Act, enjoining Defendants and all third parties from creating,
maintaining, operating, joining, participating in, including providing financial, technical or other
support to, the World Wide Web based illegal marketplace conspiracy to market, offer for sale,
sell or distribute non-genuine goods bearing counterfeits of the Chanel marks.
c. Entry of an Order that, upon Chanels request, those in privity withDefendants and those with notice of the injunction, including any Internet search engines, Web
hosts, domain-name registrars and domain-name registries or their administrators that are
provided with notice of the injunction, cease facilitating access to any or all domain names and
websites through which Defendants engage in the sale of counterfeit and infringing goods using
the Chanel Marks.
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d. Entry of an Order that, upon Chanels request, the top level domain (TLD)Registries for the Subject Domain Names and their administrators place the Subject Domain
Names on Registry Hold status, thus removing them from the TLD zone files maintained by the
Registries which link the Subject Domain Names to the IP addresses where the associated
websites are hosted.
e. Entry of an order canceling or, at Chanels election, transferring the
Subject Domain Names and any other domain names used by the Defendants to engage in their
counterfeiting of the Chanel Marks at issue to Chanels control so they may no longer be used
for illegal purposes.
f. Entry of an order that, upon Chanels request, the Internet Corporation for
Assigned Names and Numbers (ICANN) shall take all actions necessary to ensure that the
Registrars and the top level domain Registries responsible for the Subject Domain Names
transfer, change the Registrar of Record, and/or disable the Subject Domain Names as directed
by the Court.
g. Entry of an award of Chanels costs and reasonable attorneys fees andinvestigative fees associated with bringing this action.
h. Entry of further relief as the Court may deem just and proper.DATED: May 9, 2013. Respectfully submitted,
STEPHEN M. GAFFIGAN, P.A.
By: ____s:/smgaffigan/__________
Stephen M. Gaffigan (Fla. Bar No. 025844)Virgilio Gigante (Fla. Bar No. 082635)
401 East Las Olas Blvd., #130-453
Ft. Lauderdale, Florida 33301
Telephone: (954) 767-4819Facsimile: (954) 767-4821
E-mail: [email protected]
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E-mail: [email protected]
Attorneys for Plaintiff
CHANEL, INC.
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SCHEDULE A
DEFENDANTS BY SUBJECT DOMAIN NAMES AND DEFENDANT NUMBER
Defendant No. Domain Name
1 aaaluxurybelt.com
1 bags1stcity.com1 brandhandbagsshophere.co.uk
1 chanelastore.com
1 chanelbagsonline-outlet.com
1 chanelbagsuk2013.co.uk
1 chanelfemme.com
1 chanel-outlet-store.org
1 chanelpascherfr.org
1 chanelreplica.me.uk
1 chanelshop001.com
1 chanelshop002.com
1 chanelshop003.com1 chanelsreplicabagshandbags.com
1 chanelstore001.com
1 chanelstore002.com
1 chanelstore003.com
1 channnelbags.com
1 designbagsonline.com
1 discountluxuryhandbags.org
1 fakechanelbags2u.biz
1 fakechanelbagsreplica.biz
1 fakechanelsunglasses4sale.biz
1 fakechanelsunglassescheap.biz
1 fashionbrandhandbags.com
1 godisfashion.com
1 handbagoutlet.net
1 handbagsqueen.com
1 online-handbags.biz
1 purses-love.com
1 replicaahandbags.com
1 replicabagsboutique.com
1 replicabagsok.com
1 replicahandbags2u.net1 replicahandbagse.com
1 replicaschanelbagshandbags.com
1 replicawatchonline.com
1 top-chaneloutlet.com
1 top-chaneloutletus.com
1 vipshoesstore.com
1 vogueladies.biz
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2 chaneljapan2013.biz
2 chaneljapansale.biz
2 chanelonlinesale.biz
2 chaneloutlets.biz
2 chanelsale2013.biz
2 luxurywatch-cheapwatches.com3 gafaschanelshops.com
3 gafasschanelshops.com
4 modechaneloutlet.com
4 modechanelreplica.com
4 vipchaneloutlet.com
5 chanelok.com
5 chanelok.net
6 genuinechaneloutletshop.com
6 vipchaneloutlethandbags.com
7 chanelbagsukonlineshop.com
7 chanelhandbagbagsoutlet.com7 chanelhandbagsoutlet2013.net
7 cheapchanelpursesoutlet.net
7 outletchanelbagssale.net
8 designerhandbagspaypal.com
9 nikenettrade.com
9 nikesearcher.com
11 chanlemyloveboutique.com
11 nicechanelhome.com
12 chanel-onlineshop.info
12 chanelpascher.info
12 chanel-sacs.info
12 chaneltaschen.info
13 chanelbagsus2013.com
13 chanelsreplicahandbags.org
14 ewantbuymore.eu
14 newitisbags.eu
15 fashionbuy.us
15 stomarate.com
16 ereplicashop.com
16 hotsaleclan.com
17 chanelphonecase.com17 designerbagsfake.org
17 macmakeupwholesales.net
17 uscocobagsxoutetstores.info
18 finechanelgirlstore.com
18 lunetteschanelsoldes.com
18 outletchanelgirlsales.com
19 gggtrade.net
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19 outlet66.com
19 productsstore2012.com
20 chanelbagssn.info
20 cheapbagsoutletonline.com
21 2013chanelbags.org
22 2013chaneljapan.com23 2013replicachanel.com
24 360shopwiki.com
25 aaachanelstore.com
26 aaahandbagstore.com
27 bagorder.com
28 bags-chanel-outlet-uk.com
29 bagscoupons-2013.com
30 bestsunglassesmall.com
31 besttopmall.com
31 topshopol.com
32 bossesmalls.com33 brandbagzone.com
34 brandjewel.net
35 buychanelwatch.org
36 buywatchbuy.com
37 chanel-arena.com
38 chanelbagdiscount.co.uk
39 chanelbagsfashion.com
40 chanelbagsjpbagu.com
41 chanelbagsok.com
42 chanelbagsonlinestore.co.uk
43 chanelbagsoutleti.com
44 chanelbagsoutletonsale.org
45 chanelbagsoutlett.co.uk
46 chanelbagsoutletuk.org
47 chanelbagssales-online.com
48 chanelbolsos.com
49 chanelbrandjapan.com
50 chanelhandbagsretail.com
51 chanelhandbagssales.co.uk
52 chanelja.biz
53 chanel-janpan.com54 chaneljapanoutlet.com
55 chanellhandbags.com
56 chanelmisejp.com
57 chanelonlinereplica.com
58 chanelonrain.com
59 chaneloutletfor.com
60 chaneloutletstore.info
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61 chanel-rakutens.com
62 chanelstores.com
63 chanelvipboutique.com
64 chanoutletjp.com
65 charm-jewellery.com
66 cheapchanelbagsforsales.com67 cheapchanelbagsinuk.com
68 cheapchanelonline.net
69 cheapchaneloutlet2013.com
70 cheapcocobags.com
71 cheapdesignerhandbag.us
72 cheapreplicadesignerbags.com
73 designerbagfake.com
74 designerbags-shopping.com
75 designerhandbagsstock.com
76 discounbags.net
77 etopshop.com78 fashionbagcn.com
79 fashionbagsuk.com
80 getchanelhandbagsoutles.org
81 handbagluxurysale.com
82 handbags86.com
83 handbags-bags-store.org
84 icon-chanel-outlet.com
85 japan-chanelforbags.com
86 jpchanelhandbag-store2013.com
87 justpurse.com
88 knockoffhandbagsonsale.net
89 knockoffhandbagssale.com
90 latestchaneljp.com
91 likereplicas.com
92 lovechanel2013.com
93 lovechanelja.com
94 luxury-boots.com
95 lywatches.com
96 modechanelbags.com
97 modechanelpurses.com
98 mostbag.com99 mylittlesecretpurse.asia
100 needswisswatches.com
101 newoftenbags.com
102 nyuse.com
103 phoenix-handbag.com
104 reglasses.com
105 replicabagoutlet.com
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106 replicablogs.com
107 replicadesignerbagsoutlet.com
108 replica-luxury-watch.com
109 replicaschaneluk.co.uk
110 reproductionwatchesol.com
111 sacchanelfrpaccher.com112 saleschanelbags.com
113 shoes-pumps.com
114 sinowatches.net
115 specialchaneloutletjp.com
116 swissreplicawatcheshop.com
117 tobuybuy.com
118 topstoreol.com
119 ubeautystyle.com
120 uchanelus.com
121 vipchaneloutletforbags.com
122 vipjewelrymall.com123 wholesalebagus.com
124 wholesale-luxury.net
125 wholesalem.com
126 yrcorps.com
127 2013chanelonline.co.uk
128 watches-great.com
128 watches-shopping-watches.com
129 chanelbagsoutleto.info
129 chanelfactoryoutleto.info
129 chanelhandbagsoutleto.info
129 chaneloutletstoreo.info
130 chanelcheapsjapans.com
130 chanelshopsjapans.com
130 cocochaneljapans.com
131 wowreplica.net
131 wowreplicabag.com
132 chaneloutletbagsch.co.uk
132 fakechanelbagsuk.co.uk
133 fakechanelonline.com
133 fakechanelonsale.com
134 chanelshoppingpoint.com134 topchanelstore.com
135 sunglassesfree.com
136 luxurybagsonsale.org
137 hot-replicahandbags.com
138 chan1elonline-outlet.com
139 owngoodbags.com
140 chanel-online--shop.org
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141 designerbagss-sale.com
142 eluxury.me
143 wansacs.com
144 designerbagsdeal.com
145 fakeschanel.com
146 weewatches.net147 authenticbagsofchanel.com
148 replica3.net
149 authenticchanelbagsaut.co.uk
150 chanelhandbagscha.co.uk
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