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This case was last updated from PACER on 05/29/2021 at 11:31:44 (UTC).

JUUL Labs, Inc. v. Alflahy's Get N Go, Inc.

Case Summary

On March 30, 2021, JUUL Labs, Inc. ("JLI" or “Plaintiff”), represented by Craig Nelson Killen of Nelson Mullins Riley & Scarborough LLP, filed an intellectual property lawsuit against Alflahy's Get N Go, Inc., ("Defendant"), seeking injunctive relief and damages among other reliefs for alleged infringement by illegally manufacturing, selling, and distributing fake, copied, and non-genuine versions of JUUL Products and related packaging. This case was filed in U.S. District Court in the Eastern District of North Carolina with Judge Richard E. Myers, II and Judge James C. Dever, III presiding. 

 

The Plaintiff owns various trademarks which have been allegedly infringed by the Defendant bearing Registration No.s 4,818,664, 4,898,257 and 5,918,490. 

 

Plaintiff in its complaint alleged that “Beginning on a date that is currently unknown to JLI, Defendant, without the consent of JLI, has offered to sell and sold, and/or facilitated the offer and sale of, goods that were neither made by JLI nor by a manufacturer authorized by JLI, all by using reproductions, counterfeits, copies and/or colorable imitations of JUUL Products and the JUUL Marks ("Counterfeit Goods").” Plaintiff also alleged that “JLI has not authorized any third party, including Defendant, to make or sell ENDS or other types of products in connections with the JUUL Marks. The Counterfeit Goods sold by Defendant are therefore not manufactured in accordance with JLI's own stringent quality controls but are instead manufactured outside of JLI's knowledge and control, using unknown substances and materials, in unknown locations and with unknown manufacturing requirements/controls.”

 

Plaintiff further alleged that “The Counterfeit Goods sold by Defendant bear counterfeit and confusingly similar imitations of the JUUL Marks in a manner likely to be confused with genuine JUUL Products. Defendant is not authorized and never has been authorized by JLI to produce, manufacture, distribute, market, offer for sale, and/or sell merchandise bearing the JUUL Marks, or any variations thereof. JLI has no control over the nature, quality, or pricing of Defendant's products or marketing, or any other aspect of the business conduct of Defendant. Defendant uses words, symbols, images, designs, and names confusingly similar or identical to the JUUL Marks to confuse consumers and aid in the promotion and sales of the Counterfeit Goods.”

 

The Plaintiff has laid down five claims for relief. The first claim of relief is for Trademark Infringement – Counterfeit Goods (15 U.S.C. §1114), the second claim is for False Designation of Origin – Counterfeit Goods (15 U.S.C. §1125(a)), the third claim is for Unfair Competition – Counterfeit Goods (15 U.S.C. §1125(a)), the fourth claim is for Unfair or Deceptive Trade Practices (Violation of N.C. GEN. STAT. § 75-1.1, Et Seq.) and the fifth claim is for Common Law Unfair Competition. 

 

In its prayer for relief, the Plaintiff has requested the court to award Defendant's profits and JLI's damages for trademark infringement, false designation of origin,unfair competition, or in alternative an award of $2,000,000.00 for each of the counterfeited trademarks. Plaintiff further requested the court to enjoin Defendant from future infringement, an order requiring complete accountings including that Defendant disgorge and return or pay JLI its ill-gotten gains obtained from the illegal transactions, An order that an asset freeze or constructive trust be imposed over all monies, award treble damages and punitive damages along with costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:21-CV-00149

  • Filing Date:

    03/30/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

  • Court:

    U.S. District Courts

  • Courthouse:

    North Carolina Eastern District

Judge Details

Presiding Judges

Richard E. Myers, II

James C. Dever, III

 

Party Details

Plaintiff

JUUL Labs, Inc.

Defendant

Alflahy's Get N Go, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Craig Nelson Killen

Attorney at Nelson Mullins Riley & Scarborough LLP

301 South College Street, 23Rd Floor

Charlotte, NC 28202-4007

 

Court Documents

7 #3

Exhibit Ex. C - Proposed Order

7 #2

Exhibit Ex. B - NC Secretary of State Information for Defendant

7 #1

Exhibit Ex. A - Affidavit of Service

#7

(#7) MOTION for Entry of Default filed by JUUL Labs, Inc.. (Attachments: #1 Exhibit Ex. A - Affidavit of Service, #2 Exhibit Ex. B - NC Secretary of State Information for Defendant, #3 Exhibit Ex. C - Proposed Order) (Killen, Craig) (Entered: 05/17/2021)

#6

(#6) Summons Issued as to Alflahy's Get N Go, Inc. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) (Entered: 04/01/2021)

#5

(#5) TRADEMARK REPORT: Copy of report and complaint forwarded to Mail Stop 8, Director of the U.S. Patent and Trademark Office, P.O. Box 1450 Alexandria, VA 22313-1450 via US Mail on April 1, 2021. (Rudd, D.) (Entered: 04/01/2021)

#4

(#4) Notice filed by JUUL Labs, Inc. regarding #1 Complaint, Civil Cover Sheet. (Killen, Craig) (Entered: 03/30/2021)

#3

(#3) Financial Disclosure Statement by JUUL Labs, Inc. (Killen, Craig) (Entered: 03/30/2021)

#2

(#2) Notice of Appearance filed by Craig Nelson Killen on behalf of JUUL Labs, Inc.. (Killen, Craig) (Entered: 03/30/2021)

1 #6

Proposed Summons Proposed Summons to Alflahy's Get N Go, Inc.

1 #5

Exhibit Ex. E - Infringing Product

1 #4

Exhibit Ex. D - Infringing Product

1 #3

Exhibit Ex. C - Cease and Desist Letter

1 #2

Exhibit Ex. B - Infringing Product

1 #1

Exhibit Ex. A - Trademark Registrations

#1

(#1) COMPLAINT against Alflahy's Get N Go, Inc. ( Filing fee $ 402 receipt number 0417-5957901.), filed by JUUL Labs, Inc.. (Attachments: #1 Exhibit Ex. A - Trademark Registrations, #2 Exhibit Ex. B - Infringing Product, #3 Exhibit Ex. C - Cease and Desist Letter, #4 Exhibit Ex. D - Infringing Product, #5 Exhibit Ex. E - Infringing Product, #6 Proposed Summons Proposed Summons to Alflahy's Get N Go, Inc.) (Killen, Craig) (Entered: 03/30/2021)

6 More Documents Available
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Docket Entries

  • 05/17/2021
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  • Docket(#7) MOTION for Entry of Default filed by JUUL Labs, Inc.. (Attachments: #1 Exhibit Ex. A - Affidavit of Service, #2 Exhibit Ex. B - NC Secretary of State Information for Defendant, #3 Exhibit Ex. C - Proposed Order) (Killen, Craig) (Entered: 05/17/2021)

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  • 04/05/2021
  • DocketTEXT ORDER REASSIGNING CASE. At the direction of the Court, this case is reassigned to United States District Judge James C. Dever III for all further proceedings. Chief United States District Judge Richard E. Myers II is no longer assigned to the case. All future filings should reflect the revised case number of 5:21-CV-149-D. Signed by Peter A. Moore, Jr., Clerk of Court on 4/5/2021. (Hockaday, A.) (Entered: 04/05/2021)

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  • 04/01/2021
  • DocketCase Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Waddell, K.) (Entered: 04/01/2021)

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  • 04/01/2021
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  • Docket(#6) Summons Issued as to Alflahy's Get N Go, Inc. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) (Entered: 04/01/2021)

    Read MoreRead Less
  • 04/01/2021
  • View Court Documents
  • Docket(#5) TRADEMARK REPORT: Copy of report and complaint forwarded to Mail Stop 8, Director of the U.S. Patent and Trademark Office, P.O. Box 1450 Alexandria, VA 22313-1450 via US Mail on April 1, 2021. (Rudd, D.) (Entered: 04/01/2021)

    Read MoreRead Less
  • 03/30/2021
  • View Court Documents
  • Docket(#4) Notice filed by JUUL Labs, Inc. regarding #1 Complaint, Civil Cover Sheet. (Killen, Craig) (Entered: 03/30/2021)

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  • 03/30/2021
  • View Court Documents
  • Docket(#3) Financial Disclosure Statement by JUUL Labs, Inc. (Killen, Craig) (Entered: 03/30/2021)

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  • 03/30/2021
  • View Court Documents
  • Docket(#2) Notice of Appearance filed by Craig Nelson Killen on behalf of JUUL Labs, Inc.. (Killen, Craig) (Entered: 03/30/2021)

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  • 03/30/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Alflahy's Get N Go, Inc. ( Filing fee $ 402 receipt number 0417-5957901.), filed by JUUL Labs, Inc.. (Attachments: #1 Exhibit Ex. A - Trademark Registrations, #2 Exhibit Ex. B - Infringing Product, #3 Exhibit Ex. C - Cease and Desist Letter, #4 Exhibit Ex. D - Infringing Product, #5 Exhibit Ex. E - Infringing Product, #6 Proposed Summons Proposed Summons to Alflahy's Get N Go, Inc.) (Killen, Craig) (Entered: 03/30/2021)

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