This case was last updated from U.S. District Courts on 06/04/2023 at 06:08:00 (UTC).

DIRECTV, LLC v. WNK Associates, Inc. et al

Case Summary

On November 1, 202, DirectTV LLC (“Plaintiff”), represented by Gail Podolsky of Carlton Fields, P.A., filed an intellectual property lawsuit against WNK Associates, Inc. a/k/a “Trans Global Services” a/k/a “Switch 2 Us” a/k/a “DTV Promo,” The Great Mile, LLC, FDI Telecom Company, Compliance Whiz Inc., Waleed Iqbal, Motasim Billah, Shahid Bashir Ahmad, Rana T. Rehman and Amna Jilani (collectively, “Defendants”), seeking damages and injunctive relief for alleged trademark infringement by Defendants. This case was filed in the U.S. District Court for the Eastern District of Texas.

In the complaint, the plaintiff alleged that “DIRECTV sells personalized entertainment and video experiences to consumers through its satellite and streaming products and services. Over almost 30 years, DIRECTV has invested significant time and resources to develop into a household name.”

The plaintiff then alleged, “Defendants and their co-conspirators are perpetrators of an unlawful scheme to enrich themselves by impersonating DIRECTV, contacting existing or potential DIRECTV customers to offer them nonexistent free or significantly discounted DIRECTV services or products, and then they take the consumer’s money, typically in the form of prepaid gift cards, which they launder (hereinafter the ‘Imposter Fraud Scheme’ or the ‘Scheme’).” 

Plaintiff further alleged, “Defendants leave the consumer confused, angry, and without the promised free or discounted DIRECTV services or products, harming both consumers and DIRECTV.”

Additionally, the plaintiff alleged that “In addition to violating numerous state laws and common law rights of DIRECTV and its customers, in perpetrating the Imposter Fraud Scheme, Defendants are engaged in an unlawful enterprise to access DIRECTV’s protected computer systems, traffic in protected and confidential computer passwords, willfully infringe DIRECTV’s trademarks, and falsely impersonate and advertise as DIRECTV.”

The plaintiff further alleged that “The Imposter Fraud Scheme causes substantial harm to DIRECTV and its customers. In addition to the pecuniary losses and costs associated with addressing the Scheme, the misconduct by Defendants and their co-conspirators significantly harms DIRECTV’s relationships with its customers and others.”

Plaintiff then alleged, “DIRECTV values its hard-earned reputation as a leading service provider in the digital entertainment industry and holds its customers in the highest regard. Filing this lawsuit, and others like it, is an important aspect of DIRECTV’s ongoing commitment to protect its brand and its customers from those that seek to profit from the illegal Imposter Fraud Scheme.”

The plaintiff further alleged, “Defendants and their co-conspirators are knowingly and willfully engaged in the Imposter Fraud Scheme. Because of the nature of fraud schemes, the complete extent of Defendants’ activities in the Imposter Fraud Scheme is not yet known, however, Defendants are actively involved in several integral components of the conspiracy.”

Plaintiff then alleged that “Defendants’ continuing conduct results in substantial harm to DIRECTV’s business reputation and goodwill; a greater likelihood of confusion, mistake, and deception as to the source of origin of DIRECTV products and services unlawfully advertised by Defendants; and confusion as to what, if any, relationship exists between DIRECTV and Defendants.”

Plaintiff presented eighteen claims for relief, including for alleged tortious interference with business relationships and prospective advantage and contract, civil conspiracy, unjust enrichment, unfair competition, trafficking in computer passwords, unauthorized access with intent to defraud, federal trademark infringement, false advertising, dilution and counterfeiting in violation of Lanham Act, violation of Anti-Cybersquatting Consumer Protection Act and fraud and misrepresentation.

In the prayer for relief, the plaintiff requested a judgment for preliminary and permanent injunctive relief restraining the defendants from engaging in the aforementioned alleged unlawful activities, an order requiring the defendants to engage in corrective advertising and remove online offers. The plaintiff also requested an award for statutory damages $2,000,000 for trademark counterfeiting and $200,000 for alleged violation of the Anti-Cybersquatting Consumer Protection Act, compensatory damages and punitive damages.

This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:22-CV-00423

  • Filing Date:

    11/01/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

Judge Details

Presiding Judge

Jeremy D. Kernodle

 

Party Details

Plaintiff

DIRECTV, LLC

Defendants

WNK Associates, Inc.

The Great Mile, LLC

FDI Telecom Company

Compliance Whiz Inc.

Waleed Iqbal

Khalid Iqbal

Motasim Billah

Shahid Bashir Ahmad

Rana T. Rehman

Amna Jilani

Muhammad Ahmad

Not Classified By Court

Roy Payne

Attorney/Law Firm Details

Plaintiff Attorneys

Gail Podolsky

Aaron Stenzler Weiss

Stacey K Sutton

Defendant Attorney

Natraj Bhushan

 

Court Documents

#57

(#57) ORDER ADOPTING REPORT AND RECOMMENDATIONS for #54 Report and Recommendations of the United States Magistrate Judge. Defendants may file an amended answer consistent with these findings and conclusions within 14 days of this order. Signed by District Judge Jeremy D. Kernodle on 5/23/2023. (gsm) (Entered: 05/23/2023)

#56

(#56) STIPULATED PROTECTIVE ORDER. Signed by District Judge Jeremy D. Kernodle on 5/18/2023. (gsm) (Entered: 05/19/2023)

55 #1

Text of Proposed Order

#55

(#55) Joint MOTION for Protective Order by DIRECTV, LLC. (Attachments: #1 Text of Proposed Order)(Podolsky, Gail) (Entered: 05/18/2023)

#54

(#54) REPORT AND RECOMMENDATIONS of the United States Magistrate Judge re #34 MOTION to Strike Defendants' Affirmative Defenses filed by DIRECTV, LLC. The court RECOMMENDS that Plaintiffs motion to strike Defendants affirmative defenses be GRANTED-IN-PART and DENIED-INPART. Signed by Magistrate Judge John D. Love on 5/4/2023. (gsm) (Entered: 05/04/2023)

#53

(#53) ORDER REFERRING MOTION: #34 MOTION to Strike Defendants' Affirmative Defenses filed by DIRECTV, LLC is referred to Magistrate Judge Love. Signed by District Judge Jeremy D. Kernodle on 5/2/2023. (gsm) (Entered: 05/02/2023)

#52

(#52) ORDER SCHEDULING SETTLEMENT CONFERENCE. Settlement Conference set for 8/9/2023 at 09:00 AM in Marshall Courthouse before Magistrate Judge Roy S. Payne. Signed by Magistrate Judge Roy S. Payne on 5/1/2023. (gsm) (Entered: 05/01/2023)

34 #1

Text of Proposed Order

#34

(#53) ORDER REFERRING MOTION: #34 MOTION to Strike Defendants' Affirmative Defenses filed by DIRECTV, LLC is referred to Magistrate Judge Love. Signed by District Judge Jeremy D. Kernodle on 5/2/2023. (gsm) (Entered: 05/02/2023)

1 #21

Summons(es)

1 #16

Summons(es)

1 #14

Summons(es)

1 #13

Summons(es)

1 #11

Exhibit

1 #9

Exhibit

1 #6

Exhibit

1 #3

Exhibit

1 #1

Exhibit

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Docket Entries

  • 05/23/2023
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  • Docket(#57) ORDER ADOPTING REPORT AND RECOMMENDATIONS for #54 Report and Recommendations of the United States Magistrate Judge. Defendants may file an amended answer consistent with these findings and conclusions within 14 days of this order. Signed by District Judge Jeremy D. Kernodle on 5/23/2023. (gsm) (Entered: 05/23/2023)

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  • 05/18/2023
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  • Docket(#56) STIPULATED PROTECTIVE ORDER. Signed by District Judge Jeremy D. Kernodle on 5/18/2023. (gsm) (Entered: 05/19/2023)

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  • 05/18/2023
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  • Docket(#55) Joint MOTION for Protective Order by DIRECTV, LLC. (Attachments: #1 Text of Proposed Order)(Podolsky, Gail) (Entered: 05/18/2023)

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  • 05/04/2023
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  • Docket(#54) REPORT AND RECOMMENDATIONS of the United States Magistrate Judge re #34 MOTION to Strike Defendants' Affirmative Defenses filed by DIRECTV, LLC. The court RECOMMENDS that Plaintiffs motion to strike Defendants affirmative defenses be GRANTED-IN-PART and DENIED-INPART. Signed by Magistrate Judge John D. Love on 5/4/2023. (gsm) (Entered: 05/04/2023)

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  • 05/02/2023
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  • Docket(#53) ORDER REFERRING MOTION: #34 MOTION to Strike Defendants' Affirmative Defenses filed by DIRECTV, LLC is referred to Magistrate Judge Love. Signed by District Judge Jeremy D. Kernodle on 5/2/2023. (gsm) (Entered: 05/02/2023)

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  • 05/01/2023
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  • Docket(#52) ORDER SCHEDULING SETTLEMENT CONFERENCE. Settlement Conference set for 8/9/2023 at 09:00 AM in Marshall Courthouse before Magistrate Judge Roy S. Payne. Signed by Magistrate Judge Roy S. Payne on 5/1/2023. (gsm) (Entered: 05/01/2023)

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  • 04/28/2023
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  • Docket(#51) Clerk's ENTRY OF DEFAULT as to Shahid Bashir Ahmad (gsm) (Entered: 04/28/2023)

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  • 04/21/2023
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  • Docket(#50) ORDER denying #47 First MOTION to Quash /Modify Plaintiff's Subpoena to Bank of America, denying as moot #48 Unopposed MOTION for Extension of Time to File Response/Reply as to #47 First MOTION to Quash /Modify Plaintiff's Subpoena to Bank of America . Signed by District Judge Jeremy D. Kernodle on 4/21/2023. (gsm) (Entered: 04/21/2023)

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  • 04/21/2023
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  • Docket(#49) Request by DIRECTV, LLC for Clerk's Entry of Default against Motasim Billah. (Attachments: #1 Text of Proposed Order)(Podolsky, Gail) (Entered: 04/21/2023)

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  • 04/21/2023
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  • Docket(#48) Unopposed MOTION for Extension of Time to File Response/Reply as to #47 First MOTION to Quash /Modify Plaintiff's Subpoena to Bank of America by DIRECTV, LLC. (Attachments: #1 Text of Proposed Order)(Podolsky, Gail) (Entered: 04/21/2023)

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  • 11/09/2022
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  • Docket(#9) SUMMONS Returned Executed by DIRECTV, LLC. Rana T. Rehman served on 11/4/2022, answer due 11/25/2022. (Podolsky, Gail) (Entered: 11/09/2022)

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  • 11/09/2022
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  • Docket(#8) SUMMONS Returned Executed by DIRECTV, LLC. Amna Jilani served on 11/4/2022, answer due 11/25/2022. (Podolsky, Gail) (Entered: 11/09/2022)

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  • 11/08/2022
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  • Docket(#7) NOTICE of Attorney Appearance by Aaron Stenzler Weiss on behalf of DIRECTV, LLC (Weiss, Aaron) (Entered: 11/08/2022)

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  • 11/07/2022
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  • Docket(#6) ORDER OF RECUSAL. District Judge J. Campbell Barker recused. Case reassigned to District Judge Jeremy D. Kernodle for all further proceedings. Signed by District Judge J. Campbell Barker on 11/7/2022. (wea, ) (Entered: 11/07/2022)

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  • 11/02/2022
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  • Docket(#5) SUMMONS Issued as to All Defendants. (Attachments: #1 Summons(es) - FDI Telecom Company, #2 Summons(es) - Waleed Iqball, #3 Summons(es) - Amna Jilani, #4 Summons(es) - Khalid Iqbal, #5 Summons(es) - The Great Mile, LLC, #6 Summons(es) - Rana Rehman, #7 Summons(es) - Compliance Whiz Inc, #8 Summons(es) - WNK Associates, Inc, #9 Summons(es) - Motasim Billah)(gsm) (Entered: 11/02/2022)

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  • 11/02/2022

  • DocketDistrict Judge J. Campbell Barker added. (gsm) (Entered: 11/02/2022)

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  • 11/01/2022
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  • Docket(#4) MOTION to Expedite Limited Discovery and Permission to Serve Foreign Entities Via Courier and Memorandum in Support by DIRECTV, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Podolsky, Gail) (Additional attachment(s) added on 11/4/2022: #4 Amended Proposed Order) (gsm, ). (Entered: 11/01/2022)

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  • 11/01/2022
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  • Docket(#3) CORPORATE DISCLOSURE STATEMENT filed by DIRECTV, LLC identifying Corporate Parent DirecTV Holdings LLC, Corporate Parent AT&T Inc., Corporate Parent DIRECTV Financing, LLC., Corporate Parent DIRECTV Entertainment Holdings LLC, Corporate Parent DIRECTV Financing Holdco, LLC, Corporate Parent TPG VIII Merlin Investment Holdings, L.P. for DIRECTV, LLC. (Podolsky, Gail) (Entered: 11/01/2022)

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  • 11/01/2022
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  • Docket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Podolsky, Gail) (Entered: 11/01/2022)

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  • 11/01/2022
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  • Docket(#1) COMPLAINT against Waleed Iqbal, Shahid Bashir Ahmad, Motasim Billah, Compliance Whiz Inc., FDI Telecom Company, Khalid Iqbal, Amna Jilani, Rana T. Rehman, The Great Mile, LLC, WNK Associates, Inc. ( Filing fee $ 402 receipt number ATXEDC-9205590.), filed by DIRECTV, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Civil Cover Sheet, #13 Summons(es), #14 Summons(es), #15 Summons(es), #16 Summons(es), #17 Summons(es), #18 Summons(es), #19 Summons(es), #20 Summons(es), #21 Summons(es), #22 Summons(es))(Podolsky, Gail) (Entered: 11/01/2022)

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